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2011-01-20 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, January 20, 2011, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES - None. 6. AWARDS AND PRESENTATIONS A. Student of the Month — January 2011 B. Employee of the Quarter C. Longevity Award 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2011 -10 Rezoning Lot 3, Block 1, Woodland Acres Subdivision - 3694 Rezanof Drive East, From RR —Rural Residential To B— Business (Painter Family Trust). 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts 1. Contract No. FY2011 -21 Architectural Design Services for the Kodiak High School Renovation Project. B. Resolutions - None. Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Number: 486 -3231. Page 1 of 2 C. Ordinances for Introduction 1. Ordinance No. FY2011 -11 Amending Title 2 Administration And Personnel Chapter 2.20 Borough Mayor Section 2.20.040 Duties and Chapter 2.25 Borough Assembly By Instituting Section 2.25.040 Representation Of Assembly Position to Require Assembly Discussion or Approval Before Stating or Announcing the Position of the Borough In Any Written or Electronic Communication or Giving Testimony Before Any Legislative or Regulatory Body as a Representative of The Kodiak Island Borough. D. Other Items - None. 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 Meeting of October 23, 2010, and November 9, 2010. B. Reports 1. Kodiak Island Borough October 2010 Financial Report. Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Number: 486 -3231. Page 2 of 2 KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 20, 2011 REGULAR MEETING ITEM NO: 9.A TITLE: Ordinance No. FY2011 -10 Rezoning Lot 3, Block 1, Woodland Acres Subdivision — 3694 Rezanof Drive East, From RR —Rural Residential To B— Business (Painter Family Trust). SUMMARY: At its regular meeting of November 19, 2010, the Planning and Zoning Commission held a public hearing on Case 11 -008 Painter Family Trust. After the public hearing, the Commission found that a rezone from RR -Rural Residential to B- Business was justified in the context of surrounding development and the expressions of support from nearby residents. The commission deferred the adoption of the findings of fact for this case until the following regular meeting on December 15, 2010. The Commission, in addition to finding the request consistent with the comprehensive plan, also provided certain recommendations to accompany this request regarding screening and concerns about traffic congestion. The Kodiak Island Borough Planning and Zoning Commission recommends the approval of this zoning change. Public hearing notices were sent out on Friday, January 7, 2011. Any public hearing notices returned will be copied to the Assembly before the regular meeting. FISCAL NOTES: N/A Account No.: Amount Budgeted: Expenditure Required: / APPROVAL FOR AGENDA: CI RECOMMENDED MOTION: Move to adopt Ordinance No. FY2011 -10. Introduced by: Borough Manager Requested by: Community Development 1 Department 2 Drafted by: Community Development Director 3 Introduced: 01/06/2011 4 Public Hearing: 01/20/2011 5 Adopted: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2011 -10 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 11 LOT 3, BLOCK 1, WOODLAND ACRES SUBDIVISION — 3694 REZANOF DRIVE EAST, 12 FROM RR — RURAL RESIDENTIAL TO B — BUSINESS (PAINTER FAMILY TRUST) 13 14 WHEREAS, the availability of commercial property for development in this area is very 15 limited; and 16 17 WHEREAS, Kodiak Island Borough Code 17.90.010.A states: "To encourage 18 development of land for retail purposes" rezoning to B- Business is needed and justified to 19 provide services and employment opportunities to Kodiak; and 20 21 WHEREAS, this rezone is compatible with surrounding land uses and zoning in this area 22 and is supported by the majority of neighbors; and 23 24 WHEREAS, this request is consistent with the borough's comprehensive plan; and 25 26 WHEREAS, the commission held a properly noticed public hearing on this request and is 27 recommending that the Assembly approve the request to rezone this parcel from RR — Rural 28 Residential to B — Business. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 31 BOROUGH THAT: 32 33 Section 1: This ordinance is not of a general and permanent nature and shall not 34 become a part of the Kodiak Island Borough Code of Ordinances; 35 36 Section 2: Lot 3, Block 1, Woodland Acres Subdivision is rezoned from RR -Rural 37 Residential to B- Business. 38 39 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission 40 are hereby confirmed as follows: 41 42 17.205.020 A. Findings as to the Need and Justification for a Change or 43 Amendment. 44 In this area the availability of commercial property is very limited. KIB Code 45 17.90.010.A states: "To encourage development of land for retail purposes." The 46 rezoning to B- Business is needed and justified to provide services and employment 47 opportunities to Kodiak. This rezone is compatible with surrounding land uses and 48 zoning in this area and is supported by the majority of neighbors. 49 Kodiak Island Borough Ordinance No. FY2011 -10 Page 1 of 2 50 17.205.020 B. Findings as to the Effect a Change or Amendment would have 51 on the Objectives of the Comprehensive Plan. 52 Business development at this site for business zoning will meet the plan objectives 53 by providing additional business zoned land in an area where there is little available 54 B- Business zoned land and vacancy rates of B- Business zoned land is low. 55 56 KIB Comprehensive Plan states: 57 58 Chapter 4 Land Use and Ownership page 28 Goals, Policies and Implementation 59 Actions "Zone land to meet future housing, commercial, industrial and other land 60 needs." 61 62 Chapter 12 Implementation page 3 "Identify an adequate supply of land in each 63 community to meet future needs for homes and businesses, including commercial 64 and industrial uses..." 65 66 17.205.020.C. Recommendations as to the approval or disapproval of the 67 change or amendment. 68 69 With vegetative screening proposed by the applicant future development will have 70 minimal impact to the adjacent residential neighborhood. 71 72 KIB Code 17.90.050.0 Business District: Screening. "Where a business use is 73 adjacent to a residential use or district, that business shall provide and maintain 74 screening as approved by the commission." 75 76 Traffic congestion in the streets is not increased, in that: the property lies within an 77 established commercial area on Rezanof Drive. 78 79 The commission recommends to the Borough Assembly approval of said rezoning of 80 this parcel. 81 82 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 83 THIS DAY OF 2011 84 85 86 KODIAK ISLAND BOROUGH 87 88 89 90 Jerome M. Selby, Borough Mayor 91 92 ATTEST: 93 94 95 96 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2011 -10 Page 2 of 2 ,r Kodiak Island Borough �* / "'% Office of the Borough Clerk ` L > 710 Mill Bay Road n 4 ° Kodiak, Alaska 99615 A S °' Phone (907) 486 -9310 Fax (907) 486 -9391 E > niavier@kodiakak.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, January 20, 2011, 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. FY2011 -10 Rezoning Lot 3, Block 1, Woodland Acres Subdivision — 3694 Rezanof Drive East, From RR — Rural Residential To B — Business (Painter Family Trust). 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 p.m. on January 20, 2011. Comments favoring and opposing are encouraged. If you have any questions, please call 486 -9310. Attachments: • Public hearing form • Map • Ordinance No. FY2011 -10. PUBLIC HEARING FORM Ordinance No. FY2011 -10 Rezoning Lot 3, Block 1, Woodland Acres Subdivision — 3694 Rezanof Drive East, From RR — Rural Residential To B — Business (Painter Family Trust). ❑ 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 niavierkodiakak.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, January 20, 2011. Public Hearing Items 7 -B P &Z November 19, 2010 :' Kodiak Island Borough Zoning Map W � �h M r ''' Com Development Department � s ' (Zoning Request@ Rezone according 00 KIBC ge RR -Rural Residential (Amendments cad Changes), itiThatMad p a E 11 - 008 Cmchangedzoningtie bent Block 9 Woodland Acres Subdivision Paintera from RR -Rural Residential m B- Business. �= 0 2,e 4218 840 � aw� ryu I r r r t r Q r , Feet o il /��r 1 0 C: alli S 4 t , pa r ril nailer 0 Eli gial ' ma I , 4 d - JiMWN —n it I. 4 ,. i 0 , 'et t ..:., 3463 E lis ® t*' .� irri �5e : 4 X 044 - I ®f s v p •. ... _ ., 'SS 3512 Zoning Legend NM Subject Parcel I' .I Industrial I' I Public Use I I Multi Family Residential I' .I Rural Resident a 1 I MO Business I I Light Industrial I I Single Family Residential O Retail Business I I Rural Resident a 2 I I Conservation L I Natural Use I I Two Family Residential II Rural Residential I/ A Split Lot Zone This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting Ine Kodiak Island Borough IT Department at (907) 486 -9333. Case No. 11 -008 Introduction Page 3 of 4 LH ingtm D, oti 01 �{ 0.01,1 SENIOR CITIZENS OF KODIAK LAWRENCE MCCARTHY ETAL PETRO STAR INC 302 ERSKINE AVE PO BOX 4311 PO BOX 240108 KODIAK, AK 99615 KODIAK, AK 99615 ANCHORAGE, AK 99524 BENJAMIN S JACKSON GERALD CHRISTENSEN LORI SIEBE 207 SEABREEZE CR 2018 MILL BAY RD PO BOX 334 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 KIMBERLY HAMBLETON RONALD PAINTER FAMILY TRUST LANAJANE CLODFELTER 187 SEABREEZE CIRCLE 3901 WOODLAND DR PO BOX 1072 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 TODD CAMERON ETAL PHILIP D CHIARAVALLE RALPH BORS PO BOX 4091 PO BOX 86 PO BOX 3549 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 CARINASAMANIEGO JEROME BONGEN LIVING TRUST ROBERT REED 3419 MELNITSA LN PO BOX 3523 PO BOX 8545 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 CARA EASTMAN ETAL DANIEL CARLSON JAMES EGGEMEYER PO BOX 2108 PO BOX 3030 PO BOX 965 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DOUGLAS WATERBURY DEBBRA EGGEMEYER KATHERINE SIMPLER 3373 MELNITSA LN 3689 E. REZANOF DR PO BOX 561 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 PATRICIA JACOBSON REVOCABLE MICHAEL SHERMAN THOMAS WOLKOFF TRUST PO BOX 67 3542 WOODLAND DR PO BOX 8707 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 SAMUELL EADS ROBERT TUCKER TIMOTHY SNODGRASS PO BOX 8872 ' PO BOX 524 PO BOX 932 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 LUTHER LECHNER MILL BAY ENTERPRISES, LLC CHRIS KOSTELECKY PO BOX 8538 PO BOX 3832 PO BOX 2383 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 TAMIE FOGLE BRUCE BEEHLER KODIAK ASSEMBLY OF GOD 3438 WOODLAND DR 3325 MILL BAY RD PO BOX 747 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JAMES MORTON DANNY POWELL BRIAN KNOTH PO BOX 44 PO BOX 8397 3505 SEAN CIRCLE KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ERIC MCFARLIN WILLIAM ANDERSON DONALD LAWHEAD PO BOX 2188 3471 SEAN CIRCLE PO BOX 8002 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DUNCAN FIELDS JAMES PEARSON PO BOX 25 118 W. HILLCREST ST KODIAK, AK 99615 KODIAK, AK 99615 Marylynn McFarland From: Marylynn McFarland Sent: Monday, December 20, 2010 4:35 PM To: Bud Cassidy; Duane Dvorak; Sheila Smith Cc: Nova Javier; Jessica Kilborn Subject: Case 11 -008 - Painter Rezone In response to the Findings of Fact for Case 11 -008, Painter Family Trust, please forward the case packet to be submitted to the Assembly at their next meeting. Also, please forward distribution addresses for each property owner within a minimum of 300 feet of the exterior boundary of lot or parcel. Thank you. PUBLIC RECORDS LAW DISCLOSURE: This e-mail and responses to this e-mail are subject to provisions of the Alaska Statutes and may be made available to the public upon request.. Marylynn McFarland, CMC, Deputy Clerk Records Coordinator Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 e -mail: mmcfarland @kodiakak. us web site; www. kodiakak. us 1 Chapter 17.205 AMENDMENTS AND CHANGES Page 1 of 3 Chapter 17.205 AMENDMENTS AND CHANGES Sections: 17.205.010 Authority. 17.205.020 Report from planning and zoning commission. 17.205.030 Manner of initiation. 17.205.040 Hearing on boundary change. 17.205.050 Boundary change may include additional property. 17.205.055 Submission to assembly. 17.205.060 Hearing determination. 17.205.070 Hearing — Required — Notice. 17.205.080 Repealed. 17.205.010 Authority. Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts. [Ord. 83 -58 -0 §1, 1983. Formerly §17.72.010]. 17.205.020 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. [Ord. 83 -58 -0 §1, 1983. Formerly §17.72.020]. 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. [Ord. 83 -58 -0 §1, 1983. Formerly §17.72.030]. http: / /www.codepublishing.com /AK/ kodiakislandborough /html /KodiaklslandBorough 17/... 12/20/2010 Chapter 17.205 AMENDMENTS AND CHANGES Page 2 of 3 17.205.040 Hearing on boundary change. The commission shall hold a public hearing before considering any change in the boundaries of a district. Notice thereof shall be given in the manner prescribed in this title for variances except that such procedure shall specifically refer to an application for change in the boundary of a district. Where property within an area proposed to be changed is not under the same ownership, all owners of property within the area shall be Kodiak Island Borough Community Development Department qc 710 Mill Bay Road t■ Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us December 17, 2010 . i I -- I i Painter Family Trust i . DEC 1 7 2010 Ron & Maria Painer 3901 Woodland Drive Kodiak, AK 99615 , CL c Re: Case 11 -008. Request approval of Findings of Fact granting a request to rezone Lot 3, Block 1, Woodland Acres Subdivision - 3694 Rezanof Drive East, from RR — Rural Residential to B — Business (Painter Family Trust). Dear Mr. & Mrs. Painter: The Kodiak Island Borough Planning & Zoning Commission at their meeting on December 15, 2010 approved Findings of Fact and will forward the request recommending approval, to the Borough Assembly. Please contact the Borough Clerk's Office at 486 -9310 for information on when your case will be scheduled for a first reading and public hearing before the Assembly. According to KIBC 17.205.055 (Submission to assembly) of the Borough Code states: 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 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. The commission adopted the following findings of fact in support of their recommendation to the assembly: Chapter 17.205 AMENDMENTS AND CHANGES Page 3 of 3 thereto at which parties in interest and citizens shall have an opportunity to be heard. At least seven days' notice of the time and place of such hearing shall be published in a paper of general circulation in the borough. When the proposed amendment covers a change in the boundaries in a district, notice to owners of property shall be given in the manner described in this title for variances. [Ord. 83 -58 -0 §1, 1983. Formerly §17.72.070]. 17.205.080 Boundary change — Protest. Repealed by Ord. 93 -20. [Ord. 83 -58 -0 §1, 1983. Formerly §17.72.080]. This page of the Kodiak Island Borough Code is current Borough Website: http: / /www.kodiakak.us/ through Ordinance FY2011 -05 and legislation passed Borough Telephone: (907) 486 -9310 through September 16, 2010. Code Publishing Company 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. http: / /www.codepublishing.com/AK/ kodiakislandborough /html/KodiakIslandBorough 17/... 12/20/2010 KIB Comprehensive Plan states: Chapter 4 Land Use and Ownership page 28 Goals, Policies and Implementation Actions "Zone land to meet future housing, commercial, industrial and other land needs." Chapter 12 Implementation page 3 "Identify and adequate supply of land in each community to meet future needs for homes and businesses, including commercial and industrial uses..." C. Recommendations as to the approval or disapproval of the change or amendment With vegetative screening proposed by the applicant future development will have minimal impact to the adjacent residential neighborhood. KIB Code 17.90.050.0 Business District: Screening. "Where a business use is adjacent to a residential use or district, that business shall provide and maintain screening as approved by the commission." Traffic congestion in the streets is not increased, in that: the property lies within an established commercial area on Rezanof Drive. The commission recommends to the Borough Assembly approval of said rezoning of this parcel. ROLL CALL VOTE ON THE MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON THE AMENDED MOTION CARRIED UNANIMOUSLY NEW BUSINESS N There was no new business. COM There were ii&communications REPORTS A) Meeting schedule: Commission discussion regar ing changing their meet times. COMMISSIONER TORRES MOVED to amend t e start times of the January 12, 2010 (meant2011) P &Z work session and the January19, 22010 (m nt 2011) regular meeting from 7:30 p.m. to 5:30 p.m. Commission discussion regarding schedilMi a half hour break to eat something. • January 12, 2010 work session 5:30, .m. in the KM Conference room. • January 19, 2010 regular me flag at 5:3b,p.m. in the Assembly Chambers. ROLL CALL VOTE CARRIEJa"UNANIMOUSLY Discussion regarding changing the meeting times earlier for all meetings. COMMISSIONER WATIf 4S MOVED that starting Febm • 2011 we hold our work sessions and regular meetings at 6: dp.m. ROLL CALL VO E CARRIED UNANIMOUSLY A) Minutes o Cher Meetings • eptember 14, 2010 Parks & Recreation Minutes COMNIJ SIONER TORRES MOVED to accept reports. \ VO)CE VOTE ON MOTION CARRIED UNANIMOUSLY 6DIENCE COMMENTS / There were no audience comments. P &Z Minutes Page 6 of 7 December 15, 2010 B) Case 11 -008. Request a Rezone according to KIBC 17.205 (Amendments and Changes), for review and recommendation of a change of zoning for Lot 3, Block 1, Woodland Acres Subdivision from RR -Rural Residential to B- Business. The applicant is the Painter Family Trust. The location is 3694 Rezanof Drive East, and it is zoned RR -Rural Residential. Cassidy gave a staff report stating the vacant property is north of Mill Bay /Rezanof intersection across from Mill Bay Coffee. Staff feels it is a good Business lot for the future but staff feels the timing is ill advised at this time primarily due to the 2008 Comp Plan continues to identify the site as residential through the planning period which is 2015, and he expressed there is vacant Business property throughout town. Maria Painter provided the petition, pictures, and information in the packet. Painter also brought in new information today but Cassidy advised the commission, based on their bylaws, to have staff review it and bring it back at a future meeting. COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 3, Block 1, Woodland Acres Subdivision from RR -Rural Residential to B- Business. The public hearing was opened: Maria Painter spoke in support of this request stating there is no abutting residential property and everything else is zoned Business. At the present time she said there is no commercially zoned land available outside of city limits in this area. She feels she should not be forced to go downtown to have a business. Ron Painter stated he questions staffs issue with the timing because there are 54 petitioners living on Woodland Drive and Sunset Drive that agree the timing is right, 94% of the people who responded are in favor of this request. He assured the commission they are not going to de -value the property and stated there will be no additional traffic on Woodland Drive stating the entrance will be 800 feet from Woodland Drive towards Sunset. Painter stated that Mr. Roberts (Assessor) recommended that this property should be rezoned as Business property. Painter also stated the Comp Plan is correct and encourages rezones like this. The demand is there, the interest is there, 94% of the people who live there are in favor of it and questioned staffs report. In response to COMMISSIONER TORRES'S inquiry regarding the entrance are you envisioning a forward facing parking lot on the building, Painter stated he doesn't know exactly how we will set up the parking yet because of how the land lays and he'll have to get engineers to come up with what would work the best and be the most attractive. We want to have people coming in so we want to arrange it to be the best possible. In response to COMMISSIONER TORRES'S inquiry of is Painter looking at altering the elevation of the land enough where you could have full frontage entrance, Painter stated no, in fact that won't happen because there is a utility cable buried there. In response to COMMISSIONER WATKINS'S inquiry of the houses that are just down Woodland on the backside, I'm sure they have concerns about screening, how would you feel about maintaining some vegetative greenbelt along that side just to keep that natural fenced edge, Painter stated 7 out of the 9 people that live abutting this property are all in favor of this request, and we own 2 of the lots and would not want to de -value our lots so we want to do something very nice as far as greenery to to keep it looking pristine or park like. P &Z Minutes Page 2 of 4 November 19, 2010 The public hearing was closed: Commission discussion regarding the need for more business zoned property in the area, different zoning districts and services available. In response to CHAIR KING'S inquiry to staff regarding the east side of the property there is a jog and the properties across from it, is that an easement or right -of -way, Cassidy stated that is the former road to Abercrombie and it is a right -of -way. COMMISSIONER JANZ expressed concern that if someone else acquires the property their use may be far different than what the applicant's are that could impact the neighborhood. Janz also likes the idea of the greenbelt screening it from the neighborhood. The Commission discussed the permitted uses and the description of intent with the applicants. Mr. Painter stated he does not want to see garages or multi- family dwellings there and the bottom line is 7 of the 9 people that live there that are facing that property and 94% of the people in that community are in favor of this. ROLL CALL VOTE ON MOTION CARRIED 5-1. The ayes were Commissioners King, Watkins, Kersch, Tones, and Baldwin. The noe was Commissioner Janz. COMMISSIONER WATKINS MOVED to postpone the Findings of Fact to the December IS, 2010 regular meeting of the Planning & Zoning Commission. ROLL CALL MOTION TO POSTPONE FINDINGS CARRIED UNANIMOUSLY. S ., There was no Old Business. NEW BUSINESS A) Case 11 -009. Request a Fence and ing ° .., according to KIBC 17.105.060.F & G, to allow the outdoor stora: <<:r' - sulk timber as perm . der KIBC 17.105.010.0 (Outdoor Storage) sub ;;,t-= o commission review and approval o ._nee per KIBC 17.105.060.F an.:- - ' 'scion review and approval of screening for a lot locate i ...bin 100 feet of resiv al use or zone per KIBC 17.105.060.G. The applicant is John Zbitno the Jasha Zbitnoff. The location is 465 Sargent Creek Road, and the zoning is I- i ustrial. P &Z Minutes Page 3 of 4 November 19, 2010 Public Hearing Items 7 -B P8Z November 19, 2010 Location Request @ Rezone according op KIBC cfiV 205 3694 Rezanof (moo QE i (Amendments end Changes), fi�P 4J @ i� ease 99 -008 recommendation CO® change Ca zoning fry Painter Block 9 Woodland Acres Subdivision from RR -Rural Residential f B- Business: rye: ! i ..' r i pp n D 47937' D 0 a � D 345] CO a J 1 . c fl 'Q - CO -1- P 326 305 Ir i ' • 4\t. o I lit 0 LL l 5 A Cb 4 , .�q9 0 � A' 35 1 S / h 11111,1\111:(1. t It I t g- 6 pli ,,,, 4) t ®®® - 3 43° 1 3514 11 l il �5 Ce 3e10 ., 41 '3 N 1 m 93' \ aye, - ;1P C 4`Ca a 4111114 Kodiak Island Borough GIS System N LI c, ✓e rj W , V Y E 0 145 290 580 870 1 Feel S TM map was prepared from the Koaak island Boroughs GIS System. It is provided kw the purpose or showing thn general lmabon of a property 'within the Kodiak Island Borough Iris mop toes not represent a survey. More erlormation about the nvppng data can be obtained by canlacing the Kodiak Island Borough IT Department at (901)4869333 Case No. 11 -008 Introduction Page 1 of 4 Public Hearing Items 7 -B Paz November 19, 2010 1 Kodiak Island Borough Zoning Map w Olti E E,n; Community Development Department � N s Zoning . Request@ Rezone according in KIBC 97S353 RR -Rural Residential (Amendments aid Changes), to review ad pb 99 -008 recommendation dJ © change di zoning it? �& Block 9e Woodland Acres Subdivision ij i from RR -Rural Residential 11) B- Business. � t a 210 420 640 I t r t y 1 Fcel Mar i Ian", it. IN oars • # t!( W #S 1 ' t 1117 41‘ - 1,,Williefr -es* s#. , i .0,2,, 4.5 SP-e . ,. .. uSS 3218 ° p ® ® 4 a 2 . i t i W.. alis. sit Ott .." .. A 411 p • ii ..,,,,, ,N,:, .... i,„,,. ,.., ..., Etily ® SA sta Am Sw 5- _ Yi.m 'IFS - III El ® \ _. TRPGy9 !pi 4\ T SS 352 Zoning Legend t (( t l Subject Parcel I - _ -I ` I 1 Subject 1 Indust I I Public Use I I Multi Family Residential I I Rural Resident a 1 I ' I Business I 1 Light Industrial I I Single Family Residential I. I Retail Business II Rural Residen•a 2 I I Conservation I I Natural Use I I Two Family Residential II Rural Residential tea Split Lot Zone This map was prepared from the Kodak Gland Borough's GIS System. It is prosidsd for the purpose of shoeing the general 'peahen of a properly within the Kodiak Island Borough. This map does nd represent a survey. More info motion about the mapping dare can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486-9333. Case No. 11 -008 Introduction Page 3 of 4 Public Hearing Items 7 -B KODIAK ISLAND BOROUGH - COMMUNITY DEVELOPMENT DEPARrtesno 710 Mill Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 486 -9396 www.kib.co.kodiak.ak.us Applicant Information Property information } t r Favv, t\( 1 r t. �4 Property ID Number /s O(n Property owner's name, I 3901 Lk)nr,� lae..lrl br WOO DI.9.tln AC .RKI LT 3 Legal Description Property owner's mailing address V 0 Q i 0.k r f K 796/5— Current Zoning: R ? n City State Zip L Applicable Comprehensive Plan: Kra CatrrLe..✓ve ( i .v ' Y ear of Plan adoption: up At. lea el at-s r l ZOO? Cat [Rh -Z� 3% rd N 3 Nl ,a � 1 a P Home phone Work Phone f N i E rha� Present Use of Property: Vic a r 44 -- 7 ` r = k/C Agent's name (If applicabl =) Agent's mailing addr- s Proposed Use of Property: R us i to C S S J.A9 City State Zip r' 9 - rtr,dla.. K1 tT3 Hom e hone Work Phone E -mail Addr. Pero, ito : ALA (CS (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, _ Additional NarrativeMistory As-built rvey _ Photographs ,./ Maps Other <m » v 0 Property Owner's Si nature Date Authorized Agents Signature Date 1A development plan for one or more tots 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 Unl er i., --. I I at e STAFF USE ONLY F I ,• PAYMENT VERIFICATION Code Section(s) Involved: /. J /SC, LY AO S s 1, 3 o ( ) •• Zoning Cliano. Variance (KIBC 17.66.020) $250.00 Kodiak Island B Ft Schcdale: Conditional Use Permit (KIBC 17.67.020.B) $250.00 Finance Departme , NIB Assembly Other (appearance requests, site plan review, etc.) $150.00 LIT. July I, 2005) Zoning change f • m to,.4 (KIBC 17.72.030 and 030.C)* I.ess (how L75 ac 5350.44 Ib 5.00 sett. ti? 41,irb Application received by: t I 5.0 t Io 40.00 ;,c :•1.0nh.n11 I 411.111 acres ,.r mare SLSI:O.iil', Staff signature • 1 Case No. 11 -008 Application Page 1 of 20 • Public Hearing Items 7 -8 P&Z November 19, 2010 DATE: September 30, 2010 TO: Community Development Department SUBJECT: Rezone Woodland AC BK I LT3 A/KJA 3694 Rezanof Drive East FROM: Ron and Maria Painter 3901 Woodland Drive Kodiak, AK 99615 REQUEST: A rezone of Lot 3, Block 1. Woodland Acres Subdivision (3694 Rezanof Drive East) From RR to Business. Development Plan for Lot; Our goal is to provide an attractive facility that will encourage new business in the varied -use development area on Rezanof Drive, which will serve the needs of our community. Existing Land Use: Vacant Surrounding Land Use and Zoning: The land use and zoning in this area is varied. Directly Across the street is Eggemeyer Furniture, Deb's Nails, Kodiak Athletic Club and Grand Slam Toys, zoned business. To the east is Woodland Acres residential. For a more detailed look please review attached color aerial map prepared by G [S K[B. Comprehensive Plan: The proposed rezone is in a medium density residential. Means of ingress and egress: There will be two travel lanes on the lower side of the property, If you are standing in between Mill Bay Coffee and Eggemyer Furniture our property will be in between the two. Utility Service: This property is served by the public sewer and water. This property has approximately 500 feet of Rezanof road frontage on 1.3 acres in a very desirable location. There is a community need for a commercial building with retail space in this area of town. • • • • r DEVELOPMENT DEPAR:.! Case No. 11 -008 Application Page 2 of 20 — pl 1 ,'.' -W , '! e,��, '%�' -7 4� V /,'-'• , a 13 n - se.._..._ lz • • r`6 r ' ' yz _ C t t. � 1 x '1 r a � i ��s� K t 1 a ' -. \ N a. ` 1, I: i . + !_� i ■ , kt, _�•` 1 '' lua� _ it . .,,/� : 3, '., . .�y� r x� � li i - ? i �' 6. 1l ` w t . •y a ,� T LT:. l}.,1!Y \ .,� I I � . i I . . ^, , { I' ) I ,., t Y i` Lz d %._ ) ./�v0 t "S ( h, //.� �} Fl Stf 'X • 41 wx \ems` w" . Ls' ` 4 " t .. 7 '"�Yy : y, , v r { / '�,•8"n r ' . , .J /f T „ ' t 5 4 -. � , I w u .f [' �- , 3 7 . 7 a a .�.�r R+�,y�C` p r4 �� J r. i 4a•, .Y� st , �� 4. alt. 5 • �f /f�a�3N J.' 7 .iB3i ■.f,j e r 'i- — " R�Z A OF DRIVE \—. -EAST , :- s e'g • eqy o Im a ^ fi. f is - r .... 'Ti t...... 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F ,' • ,�, 3 2 • � . .. --, .. 4''' . - I � ' C' ; " .- ._ � : -.s ue . t J.�.: P a K odiak Island g i - r.• Legend: ;S EA tw U� am p Data current as of This map is for planning purposes only. This data reflects Math o . Borough GIS Prepared For: Maria P ainter data, but does not constitute a survey. March 2010. Lot Lines _ - •,_-J • Public Hearing Items 7-B PAZ November 19,2010 We, the undersigned, support Ronald and Maria Painter's request for an ordinance amendment for ( 1 /9 the purpose of rezoning Woodland AC BM LT3 AfICIA 3694 Rezanof Drive East from RR- to ( Business. Name Address Signature 6 -ect.)t- ot: /( / Sc.,g, % ree-7 c ---- •,.7 --- c- c,,,r\crfcv (;C( . i 3(4 Qrry4lanA --re" . 0 ikoOf-k . t . 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'14 7 a _dr z . , N i SC,- 3 9 & 1 L.J ec,dieiv,i (\.( . s.„--- -siain-5/V/9- 5-4,/ zie,v 4A .4„,;,,,, .__J p -( 7-•=7 - - - a^- - hoc,/ Li4 rev° i„:).4., d A itzet4 /-4-r-a--i..------__ • I :1 )) ItCEIIVE :-, I ; i FILE COPY d [II NOV 1 7 NO I i i i i MUNIII DEVELOPMENT DENA - ;!Th: ! Case No. 11-008 Application Page 4 of 20 . 1 Public Hearing Items 7 -B P&Z November 19, 2010 We, the undersigned, support Ronald and Maria Painter's request for an ordinance amendment for the purpose of rezoning Woodland AC BK1 LT3 A/WA 3694 Reranof Drive East from RR to Business. Name Address Signature 1 f 1I� 'i ' (1) Cdtel�s� LtO77 I� aec l id �/ 40i ; V i % L.- • G,: w la 0 3')o3 l,Jr„,� j ( e 4 ' / l •, . 1 / . / Beth, [ /gin : s& a : 1 K -14'1 r (., Cr .1)) i, • %), t -_ ' E is ^, 1. . S s qn 0OOct LWw . A, _ ` / it r : ' &rte.,'' log UJd rPa i s ! • -' 'N ' J Weir .`a_t IT A R . 'r it' (Aii'C-1'k'r,l.I 1d ! 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' - • L: ‘1 ,o, -: &s --- : -,.:: - re , c- - ---- -. • ' : ' -. -c---=-.____ --:\-, st -A \--" • •-•:, - ' - --- - ' ' ti II — - 2 a m .1 n ' - - t 1., - ' --- . sp.k - \ . . -----.,-- , „ -tri. — -- -. - The data reflects survey L ot Lines ! z r, data, but does not constitute a survey. Data c .1 5 , at' ..: 2 E. ofy>... Kodiak Island Maria Painter This mel) Legend: 0- z ai ,c, - _ it,4 Borough GIS is for planning purposes only. urrent as of March 2010. NJ cri Prepared For: o - 8 co Public Hearing Items 7 -B P &Z November 19, 2010 Date: November 19, 2010 U LS C IE I U E 1 To: Planning and Zoning Commission : l D I From: Ron and Maria Painter u NOV 1 9 20010 Subject: Information for November 19 2010 Regular Meeting Case: 11-008 r :)MMUNDY DEVELOPMENT DEPARTME Location 3694 Rezanof Drive East Justification or Need There is no commercially zoned land available in this area of town. An adequate land base and choice in this location are necessary for economic development needs. The proposed rezone would provide opportunities for development of little shops and professional offices that would be convenient and accessible to residents in the area. It would also provide a service to the community by creating jobs, creating income and improving the quality of life for the entire community According to our local realtors, commercial property outside of City Limits in this area of town is not available. An adequate land base and choice in this location are necessary for economic development needs. Even in the present economy with the downtown area having vacancies we have had numerous inquiries expressing strong interest and still have active prospects waiting for us to construct a facility. We also have the support of our neighborhood. Over 50 neighbors support this rezone Conformance with the Comprehensive Plan The Comprehensive Plan notes under Land use and Ownership Chapter 4 Page 28 "Zone land to meet future housing, commercial, industrial and other land needs." Implementation Chapter 11 Page 5 "Identify an adequate supply of land in each community to meet future residential and other land development needs based on future population and employment growth projections." This property is unique in that it is disconnected from surrounding properties and is separated from the residential neighborhood. No residential property abuts this land. The Comprehensive Plan Chapter 1 Page 5 states that the goals and policies should provided a measure of flexibility to address the needs of unique circumstances and conditions. It also states in Chapter 1 Page 5 that the Comprehensive Plan offers relatively broad guidance on a wide rage of issues. Case No. 11 -008 Application Page 15 of 20 Public Hearing Items 7 -B 1�r F i11 NOV 1 9 2'010 Traffic Impact l I 1 c :■r4UNNY DEVELOPMENT DEPARinr The proposed rezone would not result in traffic congestion on Rezano£.'.. There will be adequate access from Resanof Drive East. The entrance to the property will be Approximatley 700 feet away from Woodland Drive. There will be no additional traffic on Woodland Drive due to the placement of the ingress and egress. Public Water and Sewer This lot is served by public water and sewer. According to the Comprehensive Plan under Land Use and Ownership Chapter 4 Page 13 "Rural Residential. this designation allows for residential development at rural densities where municipal water and sewer treatment facilities are not available. Such development must occur on larger lots and would include uses allowed in the RR, RRI and RR2 zones." This lot would be more in compliance with the Comprehensive Plan if it were zoned Business. Surrounding Land Uses The standard in surrounding land uses and zoning of nearby property is Business and Residential. The Lot is appropriate for business development due to the location, topography, large lot size, Rezanof road frontage, public water and sewer and the mixed land use in this area. Land Suitability Under the KM Staff Report to the Planning and Zoning Commission dated November 17, 2010 Page 6 notes the parcel subject to this rezone request is suitable for many types of uses. In an Email to Bud Cassidy from Bill Roberts dated November 2, 2010 notes from an appraiser's view point the highes and best use of that property is commercial due to the location and commercial areoss Rezanof Drive and one block south. I do not feel that the condition of the downtown is a reason to deny commercial growth elsewhere. Comments The proposed zoning of this property would provide land in this area for commercial use that is currently not available; in turn it would provide a service to the community by creating jobs, creating income and would be a vehicle for economic development. The property is appropriate for business development and is compatible with the surrounding land uses. This property rezone also has the support of the nationhood. Case No. 11 -008 Application Page 16 of 20 Public Hearing Items 7 -B P8Z November 19, 2010 Bud Cassidy ;II From: Bill Roberts lu NOV 1 9 2,11n I Sent: Tuesday, November 02, 2010 5:15 PM To: Bud Cassidy Subject: RE: downtown vacancy rate . HUNITY DEVELOPMENT DEPARS:d f • - Bud, First from an appraiser's view point the highest and use of that property is commercial due to location and commercial across Rezanof Drive and one block south. As far as vacancies. I reviewed several properties with Bob Brodie, all located in the downtown area, and noted some buildings with 30% vacancy and probably an overall vacancy rate of about 20 %. This is high with typical being 5 -10 %. However, vacancies away from the downtown area are considerably lower. The downtown area values are slipping for many reasons, lack of owner maintenance, completion from cheaper midtown rents, Walmart, general retail downturn, etc. I do not feel that the condition of the downtown is a reason to deny commercial then I ain't no planner and the property in question is located on my block. From: Bud Cassidy Sent: Tuesday, November 02, 2010 9:47 AM To: Bill Roberts Subject: downtown vacancy rate Bill — We have an application for a rezone of residential property to business (Ron and Marie's Painter near Woodland Drive) . Among other points against the application, I am suggesting that we have a high vacancy rate downtown. Do we have any empirical evidence to support this statement? How about the value of business property declining in downtown Kodiak ... is that a result of business going other places. Anything else? Thanks Bud 1 Case No. 11 -008 Application Page 17 of 20 e X ) b A Public Hearing Items 7-B Building Designs by Stocicton Plan 11 C-9506 P&Z Woven I9li0 1042 • I ll' , 11ILICIRNG SIESMGNS DDy STOCKTON 'OM STOCKTON A.1.13.0. Tckplions 509.514-311d • Professional Building Designs Fax 5113-524-13 I 13155 SW Shore Dr. Tigard, OR 97213 Internet Address hup:thennorldaverssiva olAUBosinetssSlauavastisiothaa email: flociConiSuoddaosessaeLeom re :Pr --.J. ------,-_-_, _d-_ i ----- aLv- _ T4.-2.---r7i. -..... - -- .z ?37 -_ _+7,. C__ -) - ces-C.I.4--- .-1 ... - • . tiigail 7 : " =-17: :=' -- - ---7 liaW11 ' f 1- 7 4 \ 7 7 ; i iff : rf ir ::: ] r lorm:r_= ,... ....,,,, _;,..x.n, -4 ki-) L,. •1 •__ I' '..--,, 1-7-- 4 Ai n.; _....- .: - I -- • 1' .. ... ac [1...;teililt 1 li I flii -- V : 'I f' ! :.:1': T 1.•=. :•,t,„i• •.4.,t4.•4 i;:oiTli E arn...: ::: j-...;t1 . r. t .c. i t ! , la : i 55-_ '. . t ..J -qS , C 11 ::- 1' 1 ' l lit -- ,- ..-k i A" -"iv _,--. .ft.,,,,,t-,-±,- .-..L.-_-..-• ., _ - - . - ___ _ -_ -: - - • ... - - - --sc-c:17, - -. - ;---,,,,---,-------_: - ..._ - • --- _ ., ___ v -:-•:-"--- r - ri 4ir::: 'T f --- • ,tr ' -r -7--_,c..).72.: -tn_- — ' ....... . . , ! L NO 9 2010 2J 1 COPYRIGHT 1996 • TIM STOCKTON, Amp : I ' 1 MAIN FLOOR - 1,960 SO.FT. 1 UPPER FLOOR -1,82.6 COST. t - 7. MTOUNITY DTVELOPMENT DEPARTMENT , TOTAL - 3,776 SO.FT. .... ., 61 0" WIDE 40*- 0" DEEP r- 7 17:717171111 1 Th1T1774777 I ---. Pk I I I L ‘ H r1717: Cr. I n I I • - - \ : I ' la •-. E . .. , . _... . F. I . ./.. II: ...-, -1 24,, '''''' ‘_i_ ., e • — — 4 *. F:7Aii :;_,5 .- I LF.1t Ili , F , .: . 1 :.t.. l i I : 1 i k., ft l : i Pa . . 1 • l' , I LIFeE FLOOR 4 - . :1,. '.. _?■ 7 L .:,. C. R e, Li 4 13 Lk 1,1 k NP, :.1 ..4 ■•••:,;.3 C.' Tim Stockton A.L.B.D. http://www.stocktondesign.com/plant,alogaWatigt4iAkafv9aRG 11/16/2010 Public Hearing Items 7 -B 1 1 • Q ' /� P &Z November 19, 2010 1n (0 • J g dhl Zr re .1 fA e'? L tss':. i 1 1 a . v ti. dx t x ? Nf 9 .t.,—: f - „,,,,./14” it ' r . 'ft c t'z , r e -f • 5 j - ,A •1 •�. f �� ttt r Y 4 yi t • ' • + :" N i1 'J" { l ; l 1 . 'xatti b ra. f " I. , 1. } ti Y y S }- � '!'' '_ { r. F / 1 r I. " 1 , 1. t `r t • f \j 'i ;,l ` d i`e1I•9 •� N, . { 1 ',A. • r 9 4. 3 1 • � Y 1 4. I In t if t 111 } ti i I f . c'4. M 4 4 1 1 1 S H TTT SS4 9 .(' • C h.„ *a y7 i 4 • " (4' ;1. \ Cs a r 6 "�� 1 0 "£ r )fi � 14 i rI I i ., t• 4 g } ( V Lei. � t , t/ n. • ' tr ,•f, 1 (. j • - LI y i� 7 ••1/4• ✓ 4 t kl r J ��xr5' i :r .�1f t r •i 3 f : L t i , - f 'PIP 5 t �". { . s ' i � i 3 y 1 1 ..,. •.' i4 t '."' o A ' 'tt } ti is ' a w '1 pg ' 1 w 'L r '1? a r ' a 1. * • Y f / • ? • *F -- -_ _- -- - Case No. 11 -008 Applica on Page 19 of 20 Public Hearing Items 7 -B P&Z November 19, 2010 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 Public Hearing Item 7 -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, November 17, 2010. 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: 11 -008 APPLICANT: Painter Family Trust REQUEST: A Rezone according to KIBC 17.205 (Amendments and Changes), for review and recommendation of a change of zoning for Lot 3, Block 1, Woodland Acres Subdivision from RR -Rural Residential to B- Business. LOCATION: 3694 Rezanof Drive East ZONING: RR -Rural Residential 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. Written comments must be received by 5 pm, on November 2, 2010 to be considered by the commission.. 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 10, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Mailing Address: Your property description: Comments: Case No. 11 -008 Public Comments Page 1 of 10 Public Hearing Items 7 -B P&Z November 19, 2010 Current Location Request a Rezone according to KIBC 17.205 3694 Rezanof Dr. East (Amendments and Changes), for review and P & Z Case 11 -008 recommendation of a change of zoning for Painter Family Trust Lot 3, Block 1, Woodland Acres Subdivision from RR -Rural Residential to B- Business. ©Yy ORN 7 CIRCLE . El ;' Ix . ELI ,,,i r: ,, ______._. 4 # .43, o ir' 1 IEVA WAY t (, A �.I A y o 'b r 1 463 � _ _ { Imi �1 �, 218 �� a� it ' * l' \r/ Ty o j QV- 0 f P \ _ J 1 FU fFN - �AA \ awe 1 1‘ 0 w � 90 � t sxa P 0p0 ® A� A � AFLfil� HARLEQUIN CT ^a Kodiak Island Borough GIS Legend N , � 1 Feet - I- j Subject Parcel W LeU.. E o zzs 450 900 1- Notification Area S ' t , t r I t t f Th map was prepared from the Kodak Island Borough's GIS System. It is provided for the purpose of showing the general to ation of a property in the Kodiak Island Borough This map does not represent a survey. More Mformation about dte mapping data can be obtained by mntact.ng the Kaden Nand Borough IT Department at (907)486-n33. Case No. 11 -008 Public Comments Page 2 of 10 P ^ 7Mad-ire-4 /0 lI alt ' • <_ive to the off - street parking that would typically be required on Tracts N26 -B and N. '-:, subject to conch of approval in the staff report dated November 29, 2010, and to adopt findings in the staff report as _ .dings of Fact" for this case. CONDITIONS OF • ;-! OVAL 1. The applicant shall obtai : "after- the - fact" zoning compliance :' rmit to address the apparent change of use on Lot 18 from s :•- scale seafood processing to current machine shop use. 2. The applicant shall obtain a new zonin` .mpliance pe .'- or Tracts N26 -B and N29 -B showing a scale drawing of the site with at least eightee 8) of reet parking spaces including loading berths. 3. The two (2) off - street parking spaces located o . ;, will be signed or marked so as to be clearly associated with the uses on Tracts N26 -B . • 1 29-B. 4. The petitioner shall obtain letters fro • e City of Kodiak Pub Works Department that there is no objection to the use of Shelikof -- -et right -of -way for additional c.-testrian crossings due to the is satellite parking layout. FINDING OF FACT I. The petitioner h. worked with staff to eliminate the need for a variance reque . providing additional on e parking and the relocation of two (2) off - street parking spaces to an a ...te site within 600 eet is a preferable outcome to the prospect of granting a variance and potentially >•..ing an ad• onal demand for limited on- street parking. RO CALL VOTE CARRIED UNANIMOUSLY D BUSINESS A) Case 11 -008. Approval of Findings of Fact granting a request to rezone Lot 3, Block 1, Woodland Acres Subdivision - 3694 Rezanof Drive East, from RR — Rural Residential to B — Business (Painter Family Trust). Dvorak gave a staff report. COMMISSIONER TORRES MOVED to adopt the findings contained in the memorandum dated November 23, 2010 as "Findings of Fact" in support of a rezone request made in Case 11 -008. During discussion the commission was in consensus to substitute Painter's findings and strike staff's findings. COMMISSIONER TORRES MOVED TO AMEND the motion by substituting the findings of fact received during the Planning & Zoning regular meeting of December 15, 2010 and strike the findings of fact in memorandum dated November 23, 2010. FINDINGS OF FACT A. Findings as to the need and justification for a change or amendments In this area the availability of commercial property for development is very limited. KIB Code 17.90.010.A states: "To encourage development of land for retail purposes." The rezoning to B- Business is needed and justified to provide services and employment opportunities to Kodiak. This rezone is compatible with surrounding land uses and zoning in this area and is supported by the majority of neighbors. B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan Business development at this site for business zoning will meet the plan objectives by providing additional business zoned land in an area where there is little available B- Business zoned land and vacancy rates of B- Business zone land is low. P &Z Minutes Page 5 of 7 December 15, 2010 Public Hearing Items 7 -B P &Z November 19, 2010 SENIOR CITIZENS OF KODIAK LAWRENCE MCCARTHY ETAL PETRO STAR INC 302 ERSKINE AVE PO BOX 4311 PO BOX 240108 KODIAK, AK 99615 KODIAK, AK 99615 ANCHORAGE, AK 99524 BENJAMIN S JACKSON GERALD CHRISTENSEN LORI SIEBE 207 SEABREEZE CR 2018 MILL BAY RD PO BOX 334 KODIAK. AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 KIMBERLY HAMBLETON RONALD PAINTER FAMILY LANAJANE CLODFELTER 187 SEABREEZE CIRCLE TRUST PO BOX 1072 KODIAK, AK 99615 3901 WOODLAND DR KODIAK, AK 99615 KODIAK, AK 99615 TODD CAMERON ETAL PHILIP D CHIARAVALLE RALPH BORS PO BOX 4091 P 0 BOX 86 PO BOX 3549 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 CARINA SAMANIEGO JEROME BONGEN LIVING TRUST ROBERT REED 3419 MELNITSA LN P.O. BOX 3523 PO BOX 8545 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 CARA EASTMAN ETAL DANIEL CARLSON JAMES EGGEMEYER PO BOX 2108 P.O. BOX 3030 P O BOX 965 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DOUGLAS WATERBURY DEBBRA EGGEMEYER KATHERINE SIMPLER 3373 MELNITSA LN 3689 E. REZANOF DR PO BOX 561 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 PATRICIA JACOBSON MICHAEL SHERMAN THOMAS WOLKOFF REVOCABLE TRUST PO BOX 67 3542 WOODLAND DR P O BOX 8707 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 SAMUELL FADS ROBERT TUCKER TIMOTHY SNODGRASS PO BOX 8872 P.O. BOX 524 P 0 BOX 932 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 LUTHER LECHNER MILL BAY ENTERPRISES, LLC CHRIS KOSTELECKY P O BOX 8538 PO BOX 3832 PO BOX 2383 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 I I -0O5 Case No. 11 -008 Public Comments Pet e o . /6 /1 l e0 Public Hearing Items 7 -B P &Z November 19, 2010 1 1 TAMIE FOGLE BRUCE BEEHLER KODIAK ASSEMBLY OF GOD 3438 WOODLAND DR 3325 MILL BAY RD P.O. BOX 747 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JAMES MORTON DANNY POWELL BRIAN KNOTH PO BOX 44 P.O. BOX 8397 3505 SEAN CIRCLE KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ERIC MCFARLIN WILLIAM ANDERSON DONALD LAWHEAD P.O. BOX 2188 3471 SEAN CIRCLE P.O. BOX 8002 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DUNCAN FIELDS JAMES PEARSON City of Kodiak PO BOX 25 118 W. HILLCREST ST Public Works Department KODIAK, AK 99615 KODIAK, AK 99615 State of Alaska Dept. of Transportation & PF Planning Section PO Box 196900 Anchorage, AK 99519 -6900 Case No. 11 -008 Public Comments Page 4 of 10 Public Hearing Items 7 -B P&Z November 19, 2010 S l I " J I r� � � y�I / TONY KNOWLES, GOVERNOR /l \,w \ \J\ �' i \ (` 4111 AVIATION AVENUE P.O. BOX 196900 DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES ANCHORAGE, ALASKA 99519 - 6900 (TOD 269 -0674) CENTRAL REGION - PLANNING (907) 269 -0520 (FAX 269 -0521) December 29, 1997 RE: Lot 3, Block I Woodland Acres Bob Scholze Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak Alaska, 99615 -6398 Dear Mr. Scholze: The Department has reviewed the rezone request for Lot 3, Block I, Woodland Acres from Rural Residential to Commercial. The Department concurs with the staff's recommendations. This particular piece of property is located at the intersection of Rezanof Drive, Mill Bay Road and Woodland Drive which has poor approach angles and offsets creating traffic problems. This parcel has become disconnected from surrounding properties because of past construction activities. The Borough or property owners may want to approach the Department to acquire the right of way on the eastern boundaries. This would allow for redesign of access to this parcel and surrounding parcels. Thank you for the opportunity or review and comment on this rezone request. If you have any questions on these comments, please contact me at 269 -0507. 77 7 rely, Rex Young Area Planner cc: Murph O'Brien, Area Planner CV tt d Steve Horn, Preliminary Design & Environmental Supervisor "�.5 cc Chris Kepler, Superintendent, Maintenance & Operations % ,: '?J, Jim Sharp, Engineering/Materials Supervisor, ROW F �\ Bill Strickler, Chief, Traffic, Safety & Utilities • • Case No. 11 -008 Public Comments Page 5 of 10 Public Hearing Items 7 -B P&Z November 19, 2010 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486 -9363 Public Hearing Item 7 -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, November 17, 2010. 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: 11 -008 APPLICANT: Painter Family Trust REQUEST: A Rezone according to KIBC 17.205 (Amendments and Changes), for review and recommendation of a change of zoning for Lot 3, Block 1, Woodland Acres Subdivision from RR -Rural Residential to B- Business. LOCATION: 3694 Rezanof Drive East ZONING: RR -Rural Residential 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. Written comments must be received by 5 cm, on November 2. 2010 to be considered by the commission.. 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 10. 2010, a work session will be held at 7:30 p.in. 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: no. 6r1 i/Si Mailing Address: r • U - LJ CX is �s 4 333q p 7 Your properly description: 3S a.y r 4x— , ? ?Q 1' - 1 »t 3,t t Comments: l �.: 4, Y �. /i. es b • a,✓1g e . �! G OT n 9 2 D t c :. :,MMUNIIY UtVUUrmtNV uti-RKWENi Case No. 11 -008 Public Comments Page 6 of 10 Public Hearing Items 7 -B P &Z November 19, 2010 Jackson, Alexis 207 Seabreeze Circle Kodiak, AK 99615 907- 586 -0856 ajackson01@hounail.com November 1, 2010 Kodiak Island Borough Planning and Zoning Commission Community Development Department 710 Mill Bay Road Kodiak, AK 99615 To Whom It May Concern, I am writing in opposition of the rezoning of Lot 3, Block 1, Woodland Acres Subdivision from BR -Rural Residential to B- Business. During the past 8 years that I have lived in this subdivision, I have enjoyed the residential neighborhood that this area provides. The trees provide an appealing barrier from Rezanof A home on that lot would not greatly affect the area. However, if a business were built there, it could increase the traffic on our road making it less safe for children to play and the noise level of the area would increase. Rezoning one lot could also set a precedent for other lots to be rezoned in the future. certainly would not like a business right next to my home. There are plenty of lots for businesses in the commercial area of town. Please do not rezone the aforementioned lot I would like to keep the rural residential aesthetic of the Woodland Acres Subdivision. Sincerely, , fo)v act ; LI NOV -2 no Alexis Jackson ".'IMMUNITY DEVELOPMENT DEPARTMENT Case No. 11 -008 Public Comments Page 7 of 10 Public Hearing Items 7 -B P &Z November 19, 2010 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486 -9363 Public Hearing Item 7 -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, November 17, 2010. rgh ;m 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, ,Qd �1l k b o the ' I j Kodiak Island Borough Planning and Zoning Commission, to hear co t any, on the following request: I ■ • CASE: 11 -008 � Nov - z Zulu J APPLICANT: Painter Family Trust I L REQUEST: A Rezone according to KIBC 17.205 ( Amendments] ytlyniz.0::ART(@PAR:Y'.iii1 review and recommendation of a change of zoning' for 3, Block 1, Woodland Acres Subdivision from RR -Rural Residential to B- Business. LOCATION: 3694 Rezanof Drive East ZONING: RR -Rural Residential 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. Written comments must be received by 5 pm, on November 2, 2010 to he considered by the commission_ 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 10, 2010, 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. 1 f�,( n box, Your Name: I\n cznc 1-ta.f 1 Mailing Address: PA boX 8s s Your property description: LO t 2.4 5 21 V3 wA krt4, ZrzNre_ Comments: We are adamantly against the rezoning of tot 32, Block 1, Woodland Acres Subdivision from Rural to Business. We believe that the integrity of our peaceful and secluded neighbor - • hood will be jeopardized. We feel that rezoning only allows for the enrichment of the applicants while its certain affect on the rest of us is the exact opposite: property devaluation. . Further, traffic will be increased immensely on an already busy intersection. We have a crosswalk. and a school bus stop at the same location. Finally, we personally bought our property eleven . years ago because our neighborhood is the way it is right now; private, quiet, and unique. Please do not consider changing the zoning of our neighborhood. Case No. 11 -008 Public Comments Page 8 of 10 Public Hearing Items 7 -B P8Z November 19, 2010 Simpler, Katherine & Brett 3495 Woodland Drive Kodiak, Alaska 99615 T 907486 -4419 F 907-486-4419 b mghr�+gei.ncl October 31, 2010 {' C " � Kodiak Island Borough Planning and Zoning Commission I g o g Community Development Department 1il NOV - 2010 J 710 Mill Bay Road 1 Kodiak,_ \laska 99615 COMMONAY DEVE4 I DEPAR'iMENT 1 Dear Sirs, - - We are writing this letter to vehemently oppose the rezoning of Lot 3. Block 1, Woodland Acres Subdivision from RR -Rural Residential to B- Business. We have lived with our family on Lot 1B,Tract A, Woodland Acres, 1st Addition, which is very near to the lot in question, for thirteen years. We bought our property because of its quiet, rural location, and to get away from retail businesses, If this lot is rezoned for business, we are deeply concerned for many reasons. A business would attract an increase in traffic on a road that is primarily quiet, save for die residents that use it. It would increase the danger to children and pets in the area with the traffic coming and going to and from the business.Au increase in traffic would also include an increase in noise and trash pollution :We live in a rural area where local residents use the road in front of the property in question- With nonresidents using the road in front of the property in question would follow their noise and pollution to the area. We are concerned about our taxes. If a high value business is developed, will our taxes he increased as well? Will our property value decrease, making it more difficult to sell if we ever decide to do so? We are concerned about the nature of the business and our security. Will people be loitering and trespassing on our property? 1 rezoning will affect the community. The property is located at a very busy intersection. There is a school crossing located there With an increase in traffic to the business, there's an increase in potential accidents. There is poor visihility and blind spots coming up the hill or going down the hill) on Rezanof towards Mill Bay Road. Let's not forget the aesthetics of the area as well. The property in question is a beautiful green space. \ e ,could lose our neighborhood appeal if anything other than a residential dwelling were built there. In sununary, we are extremely concerned about the increase in noise, pollution, traffic and infringement and safety on our property because of our proximity to the lot in question and we strongly oppose a rezoning of Lot 3, Block 1,W'oodland Acres Subdivision from RR -Rural Residential to 0- Business. Since ly yours, \ 6 Y WHx Simpler, Katherine & Brett / Case No. 11 -008 Public Comments Page 9 of 10 Public Hearing Items 7 -8 P8Z November 19, 2010 Public Hearing Item VII-13 MEMORANDUM DATE: November 1, 2010 TO: Planning and Zoning Commission FROM: Bud Cassidy, Community Development Department SUBJECT: Information for the November 17, 2010 Regular Meeting CASE: 11 -008 APPLICANT: Painter Family Trust AGENT: Ronald A. and Maria E. Painter REQUEST: A rezone, according to KIBC Chapter 17.205. (Amendments and Changes), of Lot 3, Block 1, Woodland Acres Subdivision from RR — Rural Residential to B- Business. LOCATION: 3694 Rezanof Dr. East ZONING: RR - Rural Residential Zoning District Forty — One (41) public hearing notices related to this request were mailed on October 1, 2010. Date of site visit: Various 1. Zoning History: The 1968 Comprehensive Plan identified this area as Residential Unclassified. Residential Unclassified zoned properties were rezoned to Rural Residential Zoning District by Ordinance 80- 9-0. Ordinance 83 -15 -0 deleted the Rural Residential zoned and rezoned all parcels to the RR1 — Rural Residential One ( -cre zonin dis rict. A request to rezone from RR1 Rural Residential One t4 RR Rural Residential (40,000 square foot lots with public utilities) was approved by Borough Ordinance 89 -32 -0) A request to rezone from RR Rural Residential to Business. UNC Urban Neighborhood Commercial or RB- Retail Business was reviewed by commission in 1997. The case was postponed a number of times and at the June 17, 1998 commission meeting no action was taken based on a verbal request of the applicant to pull the case. A CUP was granted on a yearly basis to operate a fireworks stand from 1984 with the last year of approval in 2001. Case 11- 008 /Staff Report Page 1 of 8 P & Z: November 17, 2010 Case No. 11 -008 Staff Rpt Page 1 of 12 Public Hearing Items 7 -B P8Z November 19, 2010 Public Hearing Item VII -B 2. Lot Size: 1.3 Acres 3. Existing Land Use: Vacant 4, Surrounding Land Use and Zoning: North: Undeveloped State right of way and Residential Use Use: open space /DOT fill surrounded by residences Zoning: N/A and RR — Rural Residential and RR1. South: Woodland Drive and residential areas Use: Residential classified road, residences and church Zoning: RR -Rural Residential and R2 — Two family Residential East: Undeveloped right of way/ residential development Use: Open space and Residential development Zoning: RR Rural Residential Zoning District West: Rezanof Drive and business uses Use: Major roadway Zoning: N/A (200 foot right of way) and Business 5. Comprehensive Plan: The 1968 Comprehensive Plan identified this area as Residential Unclassified. The 1968 Comprehensive Plan projected this area to be Medium Density Residential by the Year 2000. The Kodiak Island Borough 2008 Comprehensive Plan designates the proposed rezone area as Rural Residential. This designation is synonymous with the RR Rural Residential Zoning District. Lots located here are served with municipal utility service availability and the property would support the development of a large lot (40,000 square feet) single family residence. 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: Title 17 Zoning KIBC 17.10.020 Reference and use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. The applicable comprehensive plan is the 2008 Kodiak Island Borough Comprehensive Plan Update. Case 11- 008 /Staff Report Page 2 of 8 P & Z: November 17, 2010 Case No. 11 -008 Staff Rpt Page 2 of 12 Public Hearing Items 7 -B P8Z November 19, 2010 Public Hearing Item VII -B KIBC 17.72.030 Manner of initiation. Changes in this title (request for a rezone) may be initiated in the following manner: A. 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 ( emphasis mine). 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 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. Case 11- 008 /Staff Report Page 3 of 8 P & Z: November 17, 2010 Case No. 11 -008 Staff Rpt Page 3 of 12 Public Hearing Items 7 -B P &Z November 19, 2010 Public Hearing Item VII -B 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 adjacent, non - business properties in order to minimize conflicts between land uses. Consistent: Unknown. KIBC 17.21.050 Performance Standards "C" requires: "Screening. Where a business use is adjacent to a residential use or district, that business shall provide and maintain screening as approved by the commission." 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. Case 11- 008 /Staff Report Page 4 of 8 P & Z: November 17, 2010 Case No. 11 -008 Staff Rpt Page 4 of 12 Public Hearing Items 7 -B P &Z November 19, 2010 Public Hearing Item VII -B CONFORMANCE WITH THE COMPREHENSIVE PLAN: Comprehensive Plan The Comprehensive Plan notes under "Implementation Policies" (Chapter 12, Page3): "Identify an adequate supply of land . . . to meet future needs for homes and businesses, including commercial and industrial uses. Additional study is needed to estimate future employment in specific industries and related needs for land zoned for those types of uses. For example, in assessing the need and most appropriate locations for new industrial [Business] land, consider the following factors: 1. The need to support potential economic growth sectors. The level of need should be based on an assessment of trends in population growth and in specific economic sectors, including a realistic assessment of their potential within the KIB. 2. Proximity to adequate public facilities, including roads, water and air transport facilities, as well as water and wastewater treatment facilities. 3. Potential conflicts with adjacent land uses, particularly residential uses and sensitive natural resources. 4. Parcel size, topography and other site characteristics as they relate to the requirements of businesses in anticipated growth industries ". ZONING /USE: The general area is zoned RR — Rural Residential. This unique zoning district allows residential lots to maintain the large area requirements of 40,000 square feet and disallow the subdivision land below this area requirement while being served by public utilities. This unique zoning district is applied to and only found in this specific area in Kodiak (see zoning map). The regulations incorporated within this district were developed by land owners in the area who desired to maintain a rural residential /large lot atmosphere while still being served by public water and sewer utilities. They fought convinced the Assembly to prevent the subdivision of land into smaller parcels that occurs when water and sewer services are provided to an area with the creation of this district. . As a result, the Assembly agreed with this concept and adopted a new zoning category called the RR —Rural Residential Zoning District (KIBC 17.65). It is a zoning district with just three permitted uses: a. Single Family Residences; b. Vacation Homes; and c. Bed and Breakfasts There is only one conditional use identified in this zoning district a. Fireworks Stands. Case 11- 008 /Staff Report Page 5 of 8 P & Z: November 17, 2010 Case No. 11 -008 Staff Rpt Page 5 of 12 Public Hearing Items 7 -B P8Z November 19, 2010 Public Hearing Item VII -B LAND SUITABILITY: The parcel subject to this rezone request is suitable for many types of uses. It is relatively flat, is served by public utilities and by Kodiak's major road: Rezanof Drive. RECENT DEVELOPMENT TRENDS IN THE AREA: Development in the area is slow. There is underutilized business zoned land in the area including a larger structure located at the southwest corner of Mill Bay and Rezanof Drive. This building was a once thriving hardware business, but since its closure has been empty or used for storage and has fallen into a state of disrepair. Other business zone uses have been in place for a number of years with no growth. There has been some residential development occurring north of the parcel (toward Abercrombie state park). TRAFFIC IMPACTS: Uses in the B- Business zoned have the potential to create additional traffic. Increase traffic in this area should be discouraged given that poorly designed intersection at the corner of Mill Bay and Rezanof Drive. There is a need for a traffic light as well as a turning lane (from Rezanof Drive on to Mill Bay Road). The intersection has been looked at for improvement, but DOT has not determined there is not the need at this time. When the time is right (based on population growth and business demand) it is hoped that this intersection is reviewed for improvements. This area also is seeing significant pedestrian and bike use. Walkers, cyclists etc are active in this area (the bike trail is located across Rezanof). Without better traffic control and with a potential for increase in traffic with this request, there is the potential for great conflict. COMMENTS The applicants have applied to rezone their privately owned land for business use. They have stated that what is desired is an "attractive facility that will encourage new business in the varied use development area on Rezanof Drive which will serve the needs of the community." Though a laudable goal and I have no doubt that the applicants would prefer this vision to occur, realistically development does not occur that way. Once the business zoning is applied to this parcel, it can be subdivided into may lots. Also, any of the business uses listed found in KIBC 17.90.020 can legally occur. Those uses included everything from open storage to retail businesses of many kinds (Auto repair, dry cleaning, to building material suppliers to restaurants). And though it can be argued that this site has good potential for business to occur; the timing is wrong. It is conceivable that one of these days as the community grows and there is a need for more business zoned land, this could become a good location. But there is business potential at all intersections. How do policy makers, like the commission, decide which intersection should be rezone to business first or what specific parcels should be rezoned to a business use? Is it based on first come, first Case 11- 008 /Staff Report Page 6 of 8 P & Z: November 17, 2010 Case No. 11 -008 Staff Rpt Page 6 of 12 Public Hearing Items 7 -B P &Z November 19, 2010 Public Hearing Item VII -B serve? Do we base it on ownership? Guidance is found in the Borough's comprehensive plan. This adopted community effort provides a perspective on how the Borough should grow and how all the zoning puzzle pieces should fit together. It provides a framework for a vision that is based on coordinated community growth, the development of roads and utilities and the need for additional business zoned lands. And the 2008 Kodiak Island Borough Comprehensive Plan does not indicate that during the planning period (up to 2015) that this area is needed for future business development. In fact, it can be argued that there exists an ample amount of undeveloped business zoned property throughout town; be it the estimated 20% vacancy rates found in the downtown core area to the evidence of underutilized business zoned land nearby. Lastly, this parcel is the gateway to the Woodland Acres Residential subdivision, and not unlike the controversial use of the property at the entrance to the Bells Flats Subdivision, which is zoned I- Industrial, the commission should consider carefully development that is allowed to occur at these gateway locations. RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation not to approve a rezone of this parcel. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: MOTION #1 Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 3, Block 1, Woodland Acres Subdivision from RR -Rural Residential to B- Business. Staff recommends that this motion be failed, and the following motion be made and approved: MOTION #2 Move to adopt the Findings of Fact in the staff report dated November 1, 2010 in support of a recommendation to deny a rezone request applied for in Case No. 11 -008. Case 11- 008 /Staff Report Page 7 of 8 P & Z: November 17, 2010 Case No. 11 -008 Staff Rpt Page 7 of 12 Public Hearing Items 7 -8 P8Z November 19, 2010 Public Hearing Item VII -B FINDINGS OF FACT Section 17.205.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: A. Findings as to the Need and Justification for a Change or Amendment. The applicant has not offered nor identified a need and justification for additional B- Business zoned land to occur on this parcel. B. Findings as to the Effect a Change or Amendment would have on the Obiectives of the Comprehensive Plan. A rezone of the subject parcel would be inconsistent with objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. A rezone to B - Business Zoning District would add to an existing under- utilized inventory of Business zoned lands within the community C. Recommendations as to the approval or disapproval of the change or amendment. By majority vote, the Kodiak Island Borough Planning & Zoning Commission recommends disapproval of this rezone request. Case 11- 008 /Staff Report Page 8 of 8 P & Z: November 17, 2010 Case No. 11 -008 Staff Rpt Page 8 of 12 Public Hearing Items 7 -B Chapter 17.90 B — BUSINESS DISTRICT Paz November 19, 201 Tage 1 of 3 Chapter 17.90 B — BUSINESS DISTRICT Sections: 17.90.010 Description and intent. 17.90.020 Permitted uses. 17.90.030 Conditional uses. 17.90.040 Building height. 17.90.050 Performance standards. 17.90.060 Urban renewal plan compliance. 17.90.010 Description and intent. The B business zoning district is established for the purposes of protecting and encouraging the development of community business core areas that function efficiently as centers of retail business and retail service activities. For the business zoning district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the continued use and development of land for retail purposes; B. To discourage the use of business district lands for other than retail purposes; C. To prohibit the use of business district lands for manufacturing and industrial purposes; and D. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter. [Ord. 82 -40 -0 §1, 1982. Formerly §17.21.010]. 17.90.020 Permitted uses. The following land uses and activities are permitted in the business district: A. Accessory buildings; B. Assembly halls; C. Art galleries; D. Automobile repair garages and dealerships; E. Banks; F. Building material suppliers; G. Dry- cleaning establishments; H. Eating and drinking establishments; I. Fraternal organizations and private clubs; J. Funeral parlors; http:// www. codepublishing .com/Al{/kodiakisle4 t l di Isl Borough17/KodiakIslandBoro... 11/4/2010 Public Hearing Items 7 -B Chapter 17.90 B — BUSINESS DISTRICT Paz November 19.204'age 2 of 3 K. Gasoline service stations; L. Government offices; M. Hotels; N. Laundry establishments; 0. Libraries; P. Machine shops; Q. Marinas and boat moorage; R. Mini - warehouses; S. Motels; T. Multiple - family dwellings; U. Museums; V. Offices; W. Outdoor storage; X. Printing shops; Y. Professional offices and clinics; Z. Public parks and open spaces; AA. Recreational related uses; BB. Retail stores and services; CC. Single- family and two- family dwellings, if located within a structure containing a permitted business use, not exceeding 50 percent of the area of the structure, and not located on the street level of the structure except that an owner - occupied single - family dwelling may be allowed within a street level business structure, so long as the residential portion is predominantly located in the rear of the structure (away from the commercial building facade(s) for corner and multi- frontage lots), the use of the dwelling is subsidiary and incidental to the principal commercial use, and there is no indication, other than a separate entrance on the street level building facade, that a residential use is located within the structure; DD. Theaters; and EE. Radio stations. [Ord. 2001 -07 §2, 2001; Ord. 94 -24 §2, 1994; Ord. 88 -33 -0 §2, 1988; Ord. 83 -72 -0 §1, 1983; Ord. 83 -5 -0 § §1 — 3, 1983; Ord. 82 -40 -0 §1, 1982. Formerly §17.21.020]. http:// www. codepublishing .com/AK/kodiakislwjbgfpug Is tWoroughI7/KodiaklslandBoro... 11/4/2010 Public Hearing Items 7 -B Chapter 17.90 B — BUSINESS DISTRICT Paz November 19, 20 upage 3 of 3 17.90.030 Conditional uses. The following land uses and activities may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Churches; B. Hospitals; C. Recreational vehicle parks; and D. Warehouses. [Ord. 94 -24 §2, 1994; Ord. 83 -72 -0 §2, 1983; Ord. 83 -5 -0 §4, 1983: Ord. 82 -40 -0 §1, 1982. Formerly §17.21.030]. 17.90.040 Building height The maximum building height allowed is 50 feet, [Ord. 82 -40 -0 §1, 1982. Formerly §17.21.0401. 17.90.050 Performance standards. All permitted and conditional uses shall comply with the performance standards listed in this section. A. Groundcover. All areas not devoted to buildings, structures, surfaced drives, walks, or parking areas shall be covered and maintained with grass, shrubbery, trees, rocks or gravel, or other suitable groundcover materials to minimize dust, erosion, and sedimentation. B. Lighting. Any lighting used for advertising, display, or security purposes shall not produce glare on a public highway or neighboring residential property. C. Screening. Where a business use is adjacent to a residential use or district, that business shall provide and maintain screening as approved by the commission. [Ord. 82 -40 -0 §1, 1982. Formerly §17.21.050]. 17.90.060 Urban renewal plan compliance. All business district development located in the urban renewal plan downtown area, as defined in the November 1972 revision of said plan, shall also comply with the provisions of that plan, and where its requirements are different than those of this chapter, the stricter of the two shall apply. [Ord. 82 -40 -0 §1, 1982. Formerly §17.21.060]. This page of the Kodiak Island Borough Code is current through Borough Website: http: / /www.kodiakak.us% Ordinance PY2011 -0S and legislation passed through September (iiltp:fiwww.kediaksk.usf) 16, 2010. Borough Telephone: (907) 486 -9310 Disclaimer: The Borough Clerk's Office has the offidal version of the Code Publishing Company Kodiak Island Borough Code. Users should contact the Borough Clerk's ( http: / /www.codepublishing.com/) Office for ordinances passed subsequent to the ordinance cited above. http:/ /www.codepublishing. coin /AK/kodiakisl apbo} eNimi%p41 10g11 4BOIough17/KodiaklslandBoro... 11/4/2010 Public Hearing Items 7 -8 P8Z November 19, 2010 Figure 11.1 et map on lower left.. I - F t. • ! ' AY a +"Y ° . H K,� g- • r 1r u / f r '3 c t ' �Z -- • (// � � � S CI j - "I - /�� ';',./..:2k- I / �'� l 3 }•S p t3 ;: ��xE vq! V� ;*.",//' L: / II .;.,,,r,:„...?". r a ► a W, t- ` � � � , iI' i t" s / ' ' 4i( L BAY , T _ � OZiri a �. . Applicant's Lot - h _ ;,. -. r " ! it 'j � -1 t • 4 - 'r ` 1 a • , / ! ! & iV% r ltA 1.. .i 4� > . _ /•z_ "roo 1 t . :;7 : @ ter • , i „. + .- t � \ • �/ � --- _ter �q . ♦ � \) E I l— f- • y \ j„./ k Urban Area: Proposed Future Land Use Hess n Public Facilities /Ownership ri Rural Residential tanning Area Urban Residential idustrial a Watershed creation Modified from the Kodiak Urban Area Zoning map, prepared by the Kodiak Island Borough Community Development Department, 2005 Case No. 11 -008 Staff Rpt Page 12 of 12 Date: January 3, 2011 1_1 L. JAN 1 4 2011 ( � To: Kodiak Island Borough Assembly From: Ron and Maria Painter i BOROUGH CLEWS OFFICE Subject: Ordinance No. FY2011 -10 Rezoning 3694 Rezanof Drive-East--Lot-3 Woodland AC Sub, From RR -Rural Residential To B- Business There is no commercially zoned land available on Rezanof Drive in this area of town. An adequate land base and choice in this location are necessary for economic development needs. The proposed rezone would provide opportunities for business development and provide a service to the community by creating jobs and income. According to our local realtors, commercial property outside of City Limits is not available in this area of town. Even in the present economy and with the downtown area having vacancies we have had numerous inquiries expressing strong interest and stilt have active prospects waiting for us to construct a facility. This property is unique in that it is disconnected from surrounding properties and is separated from the residential neighborhood. No residential property abuts this land. The standard in surrounding land uses and zoning of nearby property is Business and Residential. The land is appropriate for business development due to the location, topography, size of the lot, the varied land use in this area and City Water and Sewer service this property. This property has over 800 feet of Rezanof road frontage on 1.3 acres. Our goal is to provide and attractive facility that will encourage new business in the varied -use development area on Rezanof Drive. We have the support of our neighborhood; over 50 people support this rezone. Thank you for your consideration. Sincerely, KoDIAK ISLAND BOROUGH CLERK'S OFFICE COP15D TO: Ro C F 'µ 'L 9SSEMALF_ /�/ M Ati OR Ron and Marl Painter M12ANAGER_y oT HF.R 01/19 /2011 WED 16:02 FAX . -._._ 30.0.1/002 r hbn : N, Sat1 i eV' , _, a'r �I Sa , 19 X 01 o I I I LI b JAN 1 9 2011 PUBLIC HEARING FORM I BOROUGH CLERIC'S OFFICE Ordinance No. FY2011 -10 Rezoning Lot 3, Block 1, Woodland Acres Subdivision — 3694 Rezanof Drive East, From RR — Rural Resldentlat To B — Business (Painter Family Trust), ❑ This is in support of the rezone. This is In opposftlon of the rezone. ❑ l Other comments. ' Name: fl ehb 2 LU h!, 1�1 Cll ►Sth Residence Address: 3C0 512.4 oina.eZe • C i r ckQ. � Gad 1� � Q %( T Mailing Address: { 3) v� iro • Comments: F Q.1�, rJpposaA - cerlco - a ktut -4-A0 i ne ?ont .4nII0Wn / Y` 4S6ns -.. L sL..., Imr. +r. Ws • • S S O rrp - .lj (45 1 r, Q.) c tea., 1 r, -flznPgtr ± v 0 ;sc )1-‘ -OAR; ruzi ebo N ho() A. La.. 'ct1S. 'J ILA& S • rise • f . a I!. A 00 3 r 1/'la 1t'17 -cpC b h tyP- 11�,.Z0.no 3- '�o0U lAhCI IS nt-Le- Q`T' • ) �G 7- t V� Q is ( 1 n 'JQVb V `� ' 1 i dos pLiestbfans, sap, 1 1;bh What (1,.uniw` ', - )42 e4.ree Oh Se- C,k4 - s i'n Cypvcb orc Ti- a ow--- T r k k)i)\ -bh -5 12-X re sck. o-&' 4 hblerto, rh 4 uvwo-nai A 02.. • kl.vt,) c sil l h°-n r %/A. `€r2.L 1 - b e e.r. Clkti>A f. p A4h.r hS (?11 -4.r —� • • Written comments maybe submitted by email to niavierTkodiakak.us fax to 907 -486 -9391 all or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 0615 p or to 5 p,m. on Thursday. January 20, 2011. 01/19/2011 WED 16:02 FAX ®QQ2 /QQ2 1.71, ( -k-oh V`5 - -\6 Q ), 'b-e_- k1-0avikeile c.F 1 LJ i l ■ co ich mgr c J. I; 6 a `r bud o%C - fie bt. uv 2- c 5 c eU rc s 54 -4,_. Y \ , mo. c1 \ sct. a i h 4 44- f365 +11;3 be. 2omir j 1$5t t. L &s c(fpv. 4 (,ani Sh ou9-3 Co h oVf Q. o (a s o--f L oo ac ( ,l -4- al za) b2 )mbar �JU - bko !x )`10 5i q-;bk, L>k0 r es, Vh 1$3/0h '`ec' 5Lun Set -- b e, . s;nc hop -4, 3 re - -zo r j c (i-f hest iie\c3 ) Um i ( c aLovc issue are. C. l 111 -W Con SIt v;h U`1 Pore s±,, 1 -12G aow r? (h_.-r",.) V -f -3 4 3 ( &u (t,)orr_ PUBLIC HEARING FORM Ordinance No. FY2011 -10 Rezoning Lot 3, Block 1, Woodland Acres Subdivision — 3694 Rezanof Drive East, From RR — Rural Residential To B — Busin s.; tt rater I Famii y� TrsustrA ❑ This is in support of the rezone. ti ' ® This is in opposition of the rezone. 1.1, JAN 1 9 2011 1 L) ❑ Other comments. L _ _J I BOROUGH CLERIC'S OFFICE j Name: l' 2 i Ri Imo(ei(" c Residence Address: a� ,>teckb r N .eZP, ( C-(E Mailing Address: P. 0 - SD X 1 3 3 (O I n rQ r � . A-IL alai 6P (`v Comments: l q Written comments may be submitted by email to njavierkodiakak.us, fax to 907 - 486 -9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, January 20, 2011. _ JAN 1 9 2011 D . I I I I January 20, 2011 BOROUGH CLERK'S OFFICE Good evening, my name is Christy Kinter and I reside at 258 Seabreeze Circle- 1 lived there since 1977. (34 years) I am in opposition of ordinance No. FY2011 -10 Rezoning Lot 3, Block 1, Woodland Acres Subdivision -3694 Rezanof Drive East. FROM RR -Rural Residential TO Business (Painter Family Trust). I feel this change of status from rural residential to business will affect everyone who resides on Woodland Drive and Seabreeze Circle for many reasons. One such reason is vehicle traffic will increase leading to a safety issue. During the years I have been a resident on Seabreeze Circle I have seen how our neighbor hood has grown with families buying homes and building on Woodland Drive and Sea breeze Circle. If there were businesses at the beginning of our neighborhood, just think how much additional vehicle traffic would come through as well as from the residents of the neighborhood. Some of the activities generated by the neighborhood include walking to the school bus, bike riding, walking pets, and jogging (just to mention a few). Crossing over Rezanof can be dangerous at times and with increase traffic in and out of Woodland Drive, will only increase this danger. The residents of the neighbor hood would defiantly be exposed to a high traffic area which I believe would indicate a concern for safety of the pedestrians as well as others who may be in the vicinity. The area we are speaking about was once a homestead with only one resident whose homestead it was. When the resident decided to sell the land she put together what she called a covenant; requesting the property owners to follow. Through this covenant she made it pretty clear that her intention of the use of her land was to be for residential use; families to build homes; respect the land and have access to the beach area. I believe her intention was never to have this land made into business property but, keeping it residential. I enjoy the spaciousness of my property and away from the busyness of the town. Rezoning Lot 3, Block 1 to business from residential would eventually take away the rural character of our properties and neighborhood. You will find that many of the neighbors as well as me enjoy keeping our yards groomed with trees and flowers and have the satisfaction of growing gardens, raising live stock and keeping pets. In closing I am asking you, as our elected officials of the Kodiak Island Borough Assembly, please do not change the land in question from residential to business. As far as I can see the Painters already have a business of selling land that they acquired when they moved into our neighborhood. If they really truly want another business, there are lots of other areas available down town and elsewhere in Kodiak where they could use for a business without taking away our "rural" neighborhood environment by rezoning an area that is residential and should stay that way. Thank you for allowing me to speak this evening. Brett and Katherine Simpler 3495 Woodland Drive Kodiak, Alaska 99615 907 - 486 -4419 January 18, 2011 J r -- -. - -_ - r i Island r h i ll � � JAN 1 9 201 i t Kodiak s and Bo oug . Kodiak Island Borough Assembly 710 Mill Bay Road L L_OROUGN CLERICS OFFICE Kodiak, Alaska 99615 Dear Sirs, We, Brett and Kathy Simpler, have owned our lot, Lot 1B, Tract "A ", Woodland Acres Subdivision, First Addition since July 1997. We strongly oppose the rezoning of Lot 3 Block 1 Woodland Acres Subdivision from RR -Rural Residential to B- Business. On Nov. 19, 2010, Mr. Painter presented his proposal to the Planning and Zoning Commission. His document contained misleading information. In the P &Z minutes from November 19, 2010, p. 2, he stated that "there are 54 petitioners living on Woodland Drive and Sunset Drive that agree the timing is right" for a rezone of this property. He in fact included a petition signed by 51 people. Only 8 out of 51 signatures on his petition came from the 41 residents who appear on the borough's mailing list for this hearing. One of those 8 came from a renter of a home, not the original home owner, and 1 signature is from a homeowner who later admitted to not understanding what it was he was signing and wrote a letter in protest. Yet another signature does not match any name listed on the Borough's mailing list for this area. 42 of the 51 signatures came from residents who live outside of the affected area, which include 28 signatures from 2 people in the same household, and 2 of those signatures are his and his wife's. So, really, only 6.8% support him and 93% did not sign, which show his claim that the neighborhood is in support of a rezone is clearly false. This was not a Finding of Fact as the P & Z was led to believe, it is a grossly distorted falsehood. The P &Z commission considered a rezone of this lot to business in 1997 and refused it. When does no become yes? The neighbors who live in this area have not changed drastically since 1997, and if you ask us, we do not want a rezone of this area. Finally, with the recent closures of multiple businesses in our community, should code 17.90.010.A ( "to encourage development of land for retail purposes ") really be used as justification for the upheaval of our residential neighborhoods? We know of at least four established professional business owners who signed the petition in support of this rezoning in our "neighborhood ", two who live outside the mailing area, and two inside, one of whom just so happens to own a commercial property in the mailing area that is a dilapidated building, that if maintained, could have held a profitable business. If Mr. Painter builds a business that holds multiple businesses as his proposed building plans show, those business owners who signed the petition could have every intent of moving to his building just so they could walk to work. As a result, this could leave even more empty space downtown or elsewhere when these businesses move. He also went on record to say that there will be no additional traffic on Woodland Drive due to this proposed business rezone. Who is he to make this claim? Does he have any data to back it up? Businesses attract people and traffic; that is a fact. The Assembly of God parking lot and Sunset Drive in front of our house are used as thoroughfares between Woodland Acres, Woodland Drive and Sunset Drive. It is used to avoid the congestion at the intersection of Mill Bay, Rezanof, and Woodland Drive, and is also used as a short cut. The area in front of our house will definitely see an increase in traffic due to people using these areas trying to access the new businesses on Mr. Painter's lot, while avoiding Rezanof altogether. We have two small daughters and our neighbors the Carlson's have many grandchildren, two whom live with him. All of these children play on our properties in front of our homes, directly adjacent to the property in question. Adding extra businesses in this area would definitely add more traffic in front of our home and threaten the safety of our children. The intersection of Woodland Drive, Mill Bay, and Rezanof should be meticulously studied before any business is allowed in this area. This is in our opinion the most dangerous intersection for pedestrians and traffic in Kodiak and adding another business to the area would only increase the risk of accidents. There is a school crossing here, a school bus stop, a bicycle path, a hill with a blind rise, a mobile home park, a church, and many business ingresses, all at the entrance to this very residential area. According to the P &Z minutes from December 17, 1997, p.9 "Potential traffic impacts are significant. Of greatest concern is line -of- sight. Traffic leaving Woodland drive does not have a good view to the north of southbound traffic on Rezanof Drive... Safety at this already somewhat precarious intersection can be further compromised by increased levels of traffic potentially generated by new commercial uses." Mr. Painter wants his business ingress placed directly in this exact "poor line -of- sight" zone. We are also concerned about taxes. If a high value business is developed, will our taxes be increased as a result? Will our property value decrease, making it more difficult to sell if we ever decide to do so? What if he puts up a storage building and a chain link fence? We are concerned about the nature of the business and our security. Will people be loitering and trespassing on our property, threatening our home and our privacy? In closing, we would like, in the interest of safety and wellbeing in Kodiak, for our assembly to uphold the 1968 decision to uphold this area as "School Reservation ". In light of the new information about the misleading information given at the recent P & Z meeting, we'd like to request that this matter be more closely considered before any action is taken, a neighborhood meeting held, and or a town meeting. This decision impacts more than this neighborhood. Adding a new business will change the traffic pattern and affect the whole Kodiak community. We'd like you to revisit the case 97 -024, most specifically pages 6 -11, which are the 1997 P & Z notes regarding this rezone issue as we owe it to our community to reconsider this proposal as it has been shown before you. We feel even stronger today that the findings in 1997 are even more prevalent today than they were then. Sincerely, 6ar sm;720,9A, c L' “ l (J2 /Lv Brett and Katherine Simpler Enclosure: The Kodiak Island Borough Planning and Zoning Commission, Revised Summary Statement- December 17, 1997 (Case 97 -024) Public Hearing Item VI -A Kodiak Island Borough 111 s � ; 4 Th' Planning and Zoning Commissio � � I '1 _ ELI' J AN 1 9 2011 i REVISED SUMMARY STATEMENT — DECF,MBR4 17• X1997 L BOROUGH CLERK'S OFFICE Meeting of: December 17, 1997 !ITEM TITLE: Case 97 -024. Request for a rezone, in accordance with Section 17.72.030 C (Manner of Initiation) of the Borough Code, of Lot 3, Block 1, Woodland Acres Subdivision, from RR -Rural Residential to B- Business, UNC -Urban Neighborhood Commercial, 2LRB- Retail Business (Postponed from the November 19, 1997 regular meeting). RECOMMENDED ACTION: The applicant is currently out of town and has submitted a letter requesting postponement of this case until they return to Kodiak in April or May. Staff agrees with this request and an appropriate motion is provided below. APPROPRIATE MOTION: Move to postpone action on Case 97 -024 until the May, 1998 regular meeting and to schedule it for a public hearing at that time. /1/42 /a, /9 / ‚ jAL",41 Ara `--`' 1% /Lew .A1-1 ,44 n_e fr It - 44 'e rati-( c „At, F L flfl 1501 11 Public Hearing Item VI -.A Kodiak Island Borough MEMORANDUM DATE: December 3, 1997 (This updates and incorporates the staff report dated October 21, 1997) TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the December 17, 1997 Regular Meeting CASE: 97 -024 APPLICANT: Eugene Erwin REQUEST: A rezone, in accordance with Section 17.72.030.0 (Manner of Initiation) of the Borough Code, of Lot 3, Block 2, Woodland Acres Subdivision, from RR- Rural Residential to B- Business, UNC -Urban Neighborhood Commercial, or RB- Retail Business (Postponed from the November, 1997 regular meeting). LOCATION: 3694 Rezanof Drive East ZONING: RR -Rural Residential Fifty -six (56) public hearing notices were distributed on November 6, 1997. Date of site visit: October 17, 1997 1. Zoning History; The 1968 Comprehensive Plan identifies this area as Residential - Unclassified. Rezoned to RR -Rural Residential by Ordinance 80- 9 -0. Rezoned to RR1 -Rural Residential One by Ordinance 83 -15- 0. Rezoned to RR -Rural Residential by Ordinance 89 -32 -0. A temporary conditional use permit for a fireworks stand was requested and granted on a year -to -year basis beginning in 1984. In 1996, the CUP (Case 96 -009) for fireworks sales was granted for a five -year period, until 2001. 2. Lot Size; 3.21 acres 3. Existing Land I /se; Vacant 4. Surrounding land I Ise and Zoning; North: Lots 17 -19, Woodland Acres 1s' Addition Use: Lot 17 is single - family residential; Lots 18 & 19 are vacant. Zoning: RR1 Case 97 -024 Page I of II P & Z: December 17. 1997 Public Hearing Item V I - Kodiak Island Borough Planning and Zoning Commission SUMMARY STATEMENT — DECEMBER 10. 1997 Meeting of: December 17, 1997 ITEM TITLE: Case 97 -024. Request for a rezone, in accordance with Section 17.72.030 C (Manner of Initiation) of the Borough Code, of Lot 3, Block 1, Woodland Acres Subdivision, Lon RR -Rural Residential 14 B- Business, UNC -Urban Neighborhood Commercial, g_r_RB- Retail Business (Postponed from the November 19, 1997 regular meeting). RECOMMENDED ACTION: Staff recommends that the Commission not forward this rezone request to the Kodiak Island Borough Assembly. APPROPRIATE MOTION: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 3, Block 1, Woodland Acres Subdivision, ftom R -Rural Residential 4 B- Business. Staff recommends that this motion be denied, and the following motion be made and approved: Move to adopt the findings of fact in the staff report dated December 3, 1997 in support of the denial of Case 97 -024. Public Hearing Item VI -A South: Lots 1A and IB, Block 1, Woodland Acres, Second Addition and Tract B- 1, U.S. Survey 1682. Use: Lot lA is single - family residential; Lot IB is vacant; Tr. B- 1 is a church. Zoning: Lots IA and 1B are RR -Rural Residential; Tr. B -1 is R -2. East: Lots IA and 1B, Tr. A, Woodland Acres First Addition. Use: Lot IA is single - family residential; Lot IB is vacant. Zoning: RR -Rural Residential. West: Tr. W, U.S. Survey 3218; Lots 1B, 2A and 3, Block 3, Miller Point Subdivision, First Addition. Use: Tr. W is a mobile home park; Lot 1B is vacant; Lot 2A is a furniture store; and Lot 3 is an auto repair shop and mini - storage. Zoning: B- Business 5. Comprehensive Plan; The 1968 Comprehensive Plan depicts this area as public and open space for school reservation. Generally, the area surrounding the specific school reservation is identified as medium density residential 6. Applicable Regulations The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The borough assembly upon its own motion; B. The planning commission upon its own motion; *C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development office, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. 17.72.055 Submission to assembly. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. Case 97 -024 Page 2 of 11 P & Z: December 17. 1997 Public Hearing [tern VI-A • 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 Residential Development 1. laOIL= In areas with poorly draining soils, development where feasible shall be connected to a sewer line. Where this is not feasible, onsite 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 property is served by public sewer and water. 2. pp n nace Green areas and open space shall be retained to the maximum extent feasible and prudent when land is subdivided. Consistent: Not applicable. This action does not involve land subdivision. 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: Not applicable. This property is not located on the shoreline. 4. 11aarglQULLIMIS 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. P & Z: December 17, 1997 Page 3 of 11 Cue 97 -024 Public Hearine Item VI :A Consistent: Not applicable. This is not a known hazardous area. 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: Not applicable. This action does not involve filling or drainage of water bodies or wetlands. Commercial/Industrial Development 1. Natural Features 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: Not applicable. This property is not located on the shoreline nor does the action proposed involve dredging, filling or excavation. 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: Not applicable. This property is not located along the shoreline. 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: Not applicable. No dredging or filling is proposed. Casc 97 -024 Page 4 of 11 P & Z: December 17. 1997 Public Hearing Item Vl -A 4. Facility Design Developments in or over the water, such as piers, docks and protective structures shall be located, designed and maintained hi 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: Not applicable. This property is not located on the water. 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 adjacent, non - business properties in order to minimize conflicts between land uses. Consistent: No. This property is not immediately adjacent to any residential property so screening/buffering is not required by the zoning code. The zoning code has no mechanism for requiring buffer zones between business areas and major public transportation routes. 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: Not applicable. This property is not located on the shoreline. 7. Wetlands Filling and drainage of water bodies, floodways, backshores or natural wetlands shall be consistent with ACM? Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: Not applicable. There area no water bodies, floodways, backshores or natural wetlands within the proposed rezone area. Case 97 -024 Page 5 of 1 i P & Z. December 17. 1997 Public Hearing Item VI -A COMMENTS The request to rezone this wooded, vacant 3.21 acre parcel at the intersection of Mill Bay Road, Woodland Drive and Rezanof Drive from RR -Rural Residential to a commercial zoning district unspecified by the applicant has been postponed from last month's meeting. The possible commercial zoning districts identified are B- Business, RB- Retail Business, or UNC -Urban Neighborhood Commercial. The area was initially zoned Residential - Unclassified until it was redesignated as the original RR -Rural Residential zoning district in 1980, a change more in name rather than classification. In 1983, the original RR zoning district was redefined and evolved into the RRI zoning district. With installation of public sewer and water in Woodland Drive in the mid- 1980's, the minimum required lot area for the RR1 zoning district was reduced in half to 20,000 square feet. The result was a trend toward lot splits and higher density. This was the impetus behind the rezone in 1989 (Case 89 -051) of this parcel, along with other properties fronting on Woodland Drive and Seabreeze Circle, from RR1 to a reconstituted RR -Rural Residential zoning district. That rezone made the minimum lot area within the new RR zoning district forty- thousand (40,000) square feet regardless of availability of utilities. The reason for postponing action on the original request was to explore a potentially larger rezone area. However, expansion of the rezone area makes little sense due to existing buildout, predominately residential, on surrounding properties. Therefore, the focus of the rezone remains on the original lot, Lot 3. Community need is one justification for a rezone. With the construction of several new commercial buildings in Kodiak over the past few years, including Kodiak Daily Mirror, Natives of Kodiak, KANA, CostSavers, and PTI, there is presently a surplus of vacant commercial buildings with retail space available for rent. There is also an abundance of vacant commercially zoned properties for sale on the market. The land use plan in the 1968 Kodiak Island Borough Comprehensive Plan designated the immediate area of this property as School Reservation. The general surrounding area was indicated as medium density residential, consistent with the development that has taken place on all the properties surrounding Lot 3 on the ease side of Rezanof Drive. Properties on the opposite (west) side of Rezanof have subsequently been rezoned to B- business and include a mobile home park, a furniture store, auto repair shop, mini - storage, gas station/market, coffee shop, and restaurant. It has been noted in other rezone cases in this northern part of the Kodiak Urban Area (formerly Service District One), that aspects of the 1968 KIB Comprehensive Plan are, to some extent, outdated. A comparison of air photos from 1965 and 1995 demonstrates the extent to which tree Case 97 -024 Page ball P & Z: December 17. 1997 Public Hearing Item VI -A cover and vegetation have been sacrificed to road construction and population infill. Without an updated subarea plan for this part of Kodiak, development pressures have, to some degree, independently guided evolving zoning patterns. The results of more recently established traffic corridors and growth trends do not always accurately reflect the intent of a thirty-year old plan. As noted last month, consideration of traffic impacts, including adequate access and offstreet parking, is an important element of rezone analysis. The intersection adjacent to Lot 3 already creates a potentially dangerous traffic situation due to the angle of intersection of both Mill Bay Road and Woodland Drive with Rezanof Drive East. Compounding this problem are the lack of traffic lights and the line -of -sight obstruction due to the crest of the hill north of the intersection along Rezanof Drive East. A public hearing response from the Kodiak Island Borough School District has expressed concern that the proposed rezone, at an intersection where a crossing guard was recently added, could result in excessive traffic that could pose a danger to children. Serious consideration must be given to the impacts and traffic safety implications of increased traffic that would likely result from a rezone from residential to commercial zoning in this area. This was a principal reason cited in the findings for denial of the request to rezone Lot 1, Block 1, Woodland Acres 2 Addition, located immediately across Woodland Drive from the subject property, from RR1 to B- Business in 1987 (Case 87 -036). The applicant has not specified a preferred commercial zoning district. The analysis should be applied to the B- Business, UNC -Urban Neighborhood Commercial, and RB- Retail Business zoning districts as potentially appropriate. The B- Business zoning district is the older, more established commercial zoning district allowing for the widest range of retail, office and multiple unit occupancy. MI properties on the opposite side of Rezanof Drive from the subject lot are so zoned. The intent of the B- Business zoning District, as stated in KIBC 17.21.010, is "...to encourage the continued use and development of land for retail purposes." There are no setback or minimum lot area and width requirements, and the maximum building height is fifty (50) feet. The RB- Retail Business zoning district was established to provide for a wide range of retail and service businesses for large segments of the community. KIBC Section 17.25.010 (Description and Intent) notes that there is a potential for heavy traffic and that this zoning district is intended to be located on the periphery of residential areas and at the intersections of arterial and major collector streets and roads. There are no setback or minimum lot area and width requirements, and the maximum building height is fifty (50) feet. The UNC -Urban Neighborhood Commercial zoning district was designed for areas with public sewer and water and established for the purpose of providing for limited retail and personal service uses for the consumer population in the .immediate neighborhoods. KIBC Section 17.23.010 (Description and Intent) notes that this district is not intended for uses attracting large segments of the community or large volumes of traffic. The district is intended to be small and Case 97 -024 Page 7 of 1 I P & Z: December 17. 1941 rublic Hearing Item VI - compactly designed and seeks to avoid uninterrupted linear commercial development, lessen traffic conflicts, and improve safety and convenience of customers. Zoning district lot area and dimensional requirements, as well as setbacks and maximum structure height, correspond to urban residential (RI, R2, or R3) standards. Minimum lot area is 7,200 square feet, minimum lot width is sixty (60) feet, and maximum building height is thirty-five (35) feet. Both the B- Business and the RB- Retail Business zoning districts permit intensive commercial uses potentially generating heavy traffic. For that reason, neither is an appropriate zoning district at this location due to their potential to exacerbate traffic safety situations at an already dangerous intersection, as referenced above. The UNC -Urban Neighborhood Commercial Zoning District is oriented to specific neighborhoods, intended to be smaller in scale and compact. The permitted uses in this zoning district are more limited and less intensive than the uses permitted in the Business and Retail Business zoning districts. The intent is to lessen potential traffic impacts with safety and convenience of customers in mind. Additional controls not present with the Business and Retail Business zoning districts are lot area and width minimums, setbacks and building height maximum corresponding to residential zoning districts. This would be the more appropriate commercial zoning district for this location if, in fact, any commercial zoning at all is determined to be suitable. Lots 1 -4, Block 3, Miller Point Subdivision, First Addition and numerous tracts within USS 3218 were rezoned from Unclassified to B- Business in 1979. Since then, many commercial uses, including retail stores, service shops, eating establishments, and a mobile home park have sprung up along the west side of Rezanof Drive and on both sides of Mill Bay Road at their intersection. Properties proposed at that time for rezone to B- Business on the east side of Rezanof Drive within Woodland Acres Subdivision were specifically excluded from rezone to B- Business (Cases Z78 -017 and Z79 -011). Issues to be considered in evaluating this rezone request include conformance with the comprehensive plan, land suitability, recent development trends in the area, and traffic impacts including adequate access and offstreet parking. CONFORMANCE WITH THE COMPREHENSIVE PLAN: There has been no amendment or change to the original 1968 KID Comprehensive Plan designation of this area as a School Reservation specifically, and as medium density residential generally. The proposed rezone is not consistent with these Comprehensive Plan designations. ZONING/USE: Case 97 -024 Page 8 of 11 P & Z: December 17, 1997 Public Heanng Item V I -A Existing zoning and use in the immediate area on the east side of Rezanof Drive is residential. To the extent that business uses permitted in proposed commercial zoning districts have potential to be incompatible with existing and future large -lot residential use, a rezone is inappropriate. Intensity of potential use should be a deciding factor in making this determination. Both the B- Business and RB- Retail Business zoning districts permit a wide range of fairly intense uses that could conceivably have negative impacts on nearby residential neighborhoods. Screening and buffering have served to successfully separate incompatible uses, and, in fact, are required by Code where a business use is adjacent to a residential use. LAND SUITABILITY: The topography of Lot 3 is fairly level and appears to be well drained. Since it is surrounded on all sides by right -of -way, there is generally good access. However, regardless of zoning, there should be no access directly onto Rezanof Drive, and a large increase of traffic generated by intense commercial development could exacerbate existing traffic problems at the intersection. RECENT DEVELOPMENT TRENDS IN THE AREA: For better or worse, this stretch of Rezanof Drive generally opposite the subject property and to the south has evolved into a commercial node with strip development characteristics. Recent commercial construction within a few hundred yards to the south includes the KANA office complex, PTI office building and storage yard, a large freight transfer and storage facility, and a liquor store and restaurant. The new Trinity Islands subdivision consisting of twenty-five (25) residential lots, all of which funnel onto Rezanof Drive from a single collector street, is less than four hundred (400) feet south. Development, whether commercial or residential, that would create new points of access onto Rezanof Drive in this area should be discouraged. TRAFFIC IMPACTS: Potential traffic impacts are significant. Of greatest concern is line -of- sight. Traffic leaving Woodland Drive does not have a good view to the north of southbound traffic on Rezanof Drive due to the crest of a hill within seventy-five (75) yards, compounded by the 45 mile - per -hour speed limit on Rezanof. Safety at this already somewhat precarious intersection can be further compromised by increased levels of traffic potentially generated by new commercial uses. The Kodiak Island Borough School District recently added a crossing guard at this intersection, and has expressed concern in a public hearing response that the proposed rezone could result in excessive traffic that could pose a danger to children. SUMMARY There is no compelling community need for additional commercial zoning. Rezoning from residential to business is probably ill- advised at this rime without, at a minimum, a Case 97 -02a Page 9 of 1! P & Z: December 17. 1997 Public Hearing Item VI -A comprehensive subarea plan update that can temper emerging development trends with reasoned forethought, taking into consideration traffic safety issues. If strip commercial development is what is desired for this area, it should happen as the result of a conscious community decision - making process and with a clear understanding of the potential negative cumulative impacts of piecemeal, lot -by -lot rezoning. Without that kind of groundwork, rezoning Lot 3, or other properties in this area individually, from residential to business is consistent with neither the Comprehensive Plan nor the existing and emerging residential development pattern on the east side of Rezanof Drive at the Woodland Drive intersection. This is evidenced by public hearing responses submitted in opposition to the proposal by residential property owners immediately opposite Lot 3 in Woodland Acres Subdivision. In addition, rezoning a single lot that could conceivably benefit an individual property owner by allowing uses not entirely compatible with existing surrounding uses may have implications of "spot zoning" that should be carefully weighed. RECOMMENDATION Staff recommends that the Commission not forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval. APPROPRIATE MOTION 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 Lot 3, Block I, Woodland Acres Subdivision, fr R -Rural Residential L4 B- Business. Staff recommends that this motion be denied, and the following motion be made and approved: Move to adopt the findings of fact in the staff report dated December 3, 1997 in support of the denial of Case 97 -024. FINDINGS OF FACT 17.72.020 A, Findings as to the Need and Justification for a Change or Amendment A rezone of Lot 3, Block 1, Woodland Acres Subdivision from RR -Rural Residential to a commercial zoning district is neither needed nor justified because: Case 97 -024 Page 10 of 1 I P & Z. December 17. 1997 Public Hearing Item VI -A A. commercial zoning permits development that is potentially incompatible with nearby residential uses; B. commercial zoning is consistent with neither the Comprehensive Plan designation for this area nor the existing and emerging residential development pattern east of Rezanof Drive at the Woodland Drive intersection; C. increased traffic generated by more intense commercial uses will have potential negative traffic and access impacts at an intersection already dangerous due to angle of intersection and obstructed line -of- sight, as evidenced by a public hearing response submitted by the Kodiak Island Borough School District expressing concern about excessive traffic posing a danger to children at an intersection where a school crossing guard has been recently installed; D. without an updated area plan, rezoning of a single lots on a piecemeal basis is not in the best interest of the community because is does not provide for adequate consideration of the cumulative impacts of commercial development on the surrounding residential area; E. with an existing surplus of vacant retail space for rent in commercial buildings and an abundance of vacant commercially zoned properties for sale on the market, there is no compelling community need for additional commercially zoned property. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehe cn ive Pin. A change of zoning from RR -Rural Residential to a commercial zoning district without a sub- area plan to update and possibly amend the original 1968 KIB Comprehensive Plan is not consistent with the stated purpose of the Comprehensive Plan to provide "..a guide for orderly and efficient development of an area in accordance with the desires of its citizens." (Page 1) The original Comprehensive Plan designation of this area as School Reservation specifically and medium density residential generally has not been amended or updated. Commercial zoning is not consistent with this Year 2000 Land Use Plan designation (Map 7, 1968 KIB Comprehensive Plan). Case 97 -024 Page I I of I I P & Z: December 17, 1997 U ' - cn� tti C' \ ' I � v . \� 0 vL -3 �6 t 4 le 1-8 81 \4�� 0 S 9 , Th lit tic •60 rrl 41 0 Z y l - 'J t_^ 1�g A G. ', 81 vt = G oVV • I V ' a of Y 9 ��` t. M dl n tgic 0 44 p Otgt )S' At 4w y> 39 k - 31030 . Lzsf )-gt rn rz�Y� 't<„4 yY c, �� r- /�\ 1s ` 3 9 �5 w to v9 I ti VC �� 9z o w o w 99 � ' ^. � : 8z r Ih' `'i 81 y �� 5 ��M n li z C air 91 J a vL 3 S� 6 �s f m o' � � a oz 91 fit \ L 54f --1 ge t* te a ` �� s� L ` w „1 a` , e}5 \ l • °f an V �/ 7 3C 3B d , � ., ��/Gy el itips- 4 E 4 n 4 14 ir 1� 3467 Q ^1 i n 3457 W • / ��Iv l8 2p v' � !/� 2A ro A 1 2C 28 z © A44) ZS_ 240 J � , °� , i 265 ir‘ 811 i t BA ^� !tI IL!P4 80 _cs:' ,'' '1" th... - SE t �,• X71 t. Silk RV / s ZZ > O w "35\ ant 0 - ' S E e " i .. RUU lnr, - KODIAK ISLAND BOROUGE COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Day Road Kodiak, Alaska 99615 Public It , . Item V1-A. PUBLIC HEARING NOTICE A public caring will be held on W des' try, t - ,. bar 1 -, 1997• , e meeting will begin at Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the K o0 al p.m. in sa=n BB�g� Planning ZO ng Connnission, to hear comm eats, if any, on the Kodiak followit►_ 'nest • Case 97424, Request for a rezone, in accordance with Section 17.72.030 C (Manner of initiation) of the Borough Code, of Lot 3, Block is Woodland A i 8- Business, UNC -Urban Neighborhood s i n B -Retail Business (PostpeaSd from tbe N Noeghvember 19,1997 regular meeting). property owner in the, area of the request. I sent to you becalm our ram= indicate you an a in below, the a or in a re gt st the This notice is being Y verbally, to letter our the you rt not wish o to testily v ' I t the Wi If yon continent d li ke w fax your 'comments to u s , our the n number i (907) 86-93 t 486-9376. If y t' would Rr111t via telephone, please call in your comet v: (907) public henries s yew tso W e k ttwtl� local esil4n telephone number is 4116 - 3231. The wit appropriate public tienrlug seal °n free telephone number Is 14140-478-5736. a work session will be held u 1:30 p.m One week prior on Wednesday, December 10, 1997 m to the regular meeting, Mom ( 11 1 2`), to review the pads` mater1al for the case. in the lt:odiak island lsorongh appeal rite if you disagree witb the Commission's Kod= Island Borough gods provides av idea you with specific ue st or your appeal rights, please feel free to call us decision on this request. If you have any questions about the request at4S6 -936 722 Mill Bay Road Year Name for KOU JSLAND BOROUGHS SGHOR, ns Dave Jones, Director of Finance • Your propertydasrtpebe ad scent to the . _ A croesin: : usrd vas recentl- added to the crossin: comm„,,,, re nit concerns in retards to the rezone area. This stemmed from cotam froresed r ezone couldfresult inoexcessivet concern the onea .ro•osed datter to c hildren• on k ,• his into co oration as •u consider the rezone. : n t ni eirlifiri urn PUBLIC HEARING FORM Ordinance No FY2011 -10 Rezoning Lot 3, Block 1, Woodland Acres Subdivision - 3694 Rezanof East, From RR- Rural Residential To B- Business r i� —� ! Fir) S lU _ i LS THIS IS IN OPPOSITION TO THE REZONE '< r — 1 NAME: Laurence Peter McCarthy If` JAN 2 0 2011 LI 11. 3554 Sunset Drive, Kodiak Ak 99615 P.O.Box 2733, Kodiak, Ak 99615 L BOROUGH CLERKS OFFICE j I have only recently move out of city limits to my new residence on Sunset Drive and with only a few minor complaints I like the quietness and tranquility this area has to offer. My concerns for this rezoning from RR- Residential to B - Business are these: No 1: I believe that the proposed action of said property will indeed generate additional traffic and will put significant pressure on an already questionable intersection. No 2: I believe the proposed action will adversely impact the natural beauty and tranquility of the surrounding area and as a consequence has the potential to adversely impact the property values. No 3: I believe the proposed action will indeed place an additional burden on public services such as fire and police protection, school bus services and other facilities provided at the public's expense. No 4: I believe that if the proposed action comes to pass you take away the ability to truly guarantee the class of business that will take up residence on this property, even with "vegetative " screening. You take away the ability to safe guard the surrounding area and it's residents from the potential negative impacts of such an action. No 5: I believe the proposed action has the potential to generate more RR class zoned properties to request rezoning to B- Business in this very area. In fact, as a business owner I would be interested in storing crab pots and fishing gear on my Rural Residential zoned property! PUBLIC HEARING FORM Ordinance No. FY2011 -10 Rezoning Lot 3, Block 1, Woodland Acres Subdivision — 3694 Rezanof Drive East, From RR — Rural Residential To B — Business (Painter Family truM), r \s � �� ❑ This is in support of the rezone. rn - — I D Er This is in opposition of the rezone. JAN 2 02011 ❑ Other comments. I I t Name: o b Reecj,, /I BOROUGH CLERK'S OFFICE L Residence Address: 3 S 2 2\ c c Ma t1/ r Mailing Address: R. o . o 7C Comments: I am in strong opposition to the proposed rezoning of Lot 3, Block 1, Woodland Acres Subdivision from Rural Residential to Business. Rezoning this property would not be keeping the safety and best interests of the neighborhood in mind. The existence of the school bus stop stands out as an important reason this request should be denied. Children come and go from their homes to the bus stop on a daily basis. It is located directly across from the lot in question. Further, students and pedestrians use the crosswalk to reach the bike trail and the bus stop. As a result of the addition of another business we will, without question, witness increased congestion. The impact on the property values of those in the neighborhood who live near the end of Woodland Drive will be great. It is currently zoned residential and should remain so. It is not appropriate to change a zoning after people have purchased property next to a lot that was residential at the time of their purchase. None of the people who bought their property on Woodland Drive had any desire to live next to, or close to, an office building. They had no desire to live next to a parking lot filled with cars and asphalt. This is all in an area that is currently beautiful with trees and bushes that provide a barrier between our neighborhood and the traffic and businesses that already exist on the other side. Another home on this lot would be appropriate and fitting. While considering a request for rezoning we should be keenly aware of the impact on the good things of a neighborhood. This needs to be the most important consideration; not the personal interests of a few who would benefit financially from such a change. More cars, more congestion, more accidents at the intersection are not in the best interest of the people of this neighborhood. We want to continue the walks we enjoy taking on Woodland Drive, crossing over to as Rezanof with our kids and dogs in tow, to access the bike trail. We do not want these crossroads to be the location of Kodiak's next traffic light. It makes me sad to think that this rezoning request could probably be approved. It just doesn't seem right to me. First we lose our legal beach access at one end of the road by the same applicants, and now we have to accept that at the other end of our road could be the site of an office building rather than a residence as it was originally designated to be. As you weigh the cons and pros of this decision, decide as if you lived in our neighborhood. PUBLIC HEARING FORM Ordinance No. FY2011 -10 Rezoning Lot 3, Block 1, Woodland Acres Subdivision — 3694 Rezanof Drive East, From RR — Rural Residential To B — Business (Painter Family Trust). ®• This is in support of the rezone. _ ❑ This is in opposition of the rezone. (Il '1 s C C 'W ❑ Other comments. n fit �� 1 ,11 JAN 2 1 2011 Name: ,Dt>AA Jt(X15 I 1 1 E Residence Address: 1 i4 4 ),- 3 v- r - z A I V; BOROUGH CLERK'S OFFICE Mailing Address: 1" p • O. i301_ 1 :5 ) �, ,,..( A I, ? y. L c - Comments: / � 1 Cmhi w�nq Ts- ye"..., ! e c x (ti / e. / / sca � /�yj.A 4' ke. (0 _,AA t %4/.. p arro! /IF - re tfr,f.. J,,. as A/41 4 a , ,, eL a,n_ d rt v.. n,n1• cf,�Mnn /�s �r� e -�i�h �A ✓ ,� F 791 r 'i 11 c 3 c r. try 4(, (),,,la 1L,e �us;t�ey (, 1 `l - A 1 rnu 14 flArf hr QA j 4/ 4 _ 1 / :t • I U I JAN 21 NCO I J I 7011 1 , , .1 , g .,, , r - .I ENT; • Written comments may be submitted by email to niavier(a,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, January 20, 2011. KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 20, 2011 REGULAR MEETING ITEM NO: 13.A.1 TITLE: Contract No. FY2011 -21 Architectural Design Services for the Kodiak High School Renovation Project. SUMMARY: The Kodiak Island Borough solicited proposals to provide architectural /engineering services for the Kodiak High School Renovation and Addition Project in accordance with KIB Code 3.30.070. Seven proposals were received and short- listed to four by the Architectural Review Board (ARB). Four live presentations were made at public meetings. The proposals and presentations were scored by the ARB. Jensen Yorba Lott was selected for negotiations. Staff negotiated scope, schedule, and price with Jensen Yorba Lott resulting in the attached *contract. Price negotiations employed Washington State's Guidelines for Determining Architect/Engineer Fees for Public Works Building Projects. Basic fees are calculated as a percentage of construction cost plus additional services required for each specific project. The basic services fee in the contract will be set at 7.12 6.95% of the estimated construction cost after concepts are determined. Additional services for this project are estimated at $788,793 $908,467. The current budgeted estimate for construction is $60,800,000. Total estimated NE fee is estimated at $5,014,393 $5,134,067. Proposed funding source is the FY 2011 -A General Obligation Bond. Staff recommends approval of the contract in an amount not to exceed $5,011,39300 $5,134,067.00. FISCAL NOTES: Account No.: 460 533 452 140 10021 -4 Amount Budgeted: $6,024,800 Expenditure Required: $ 5,014,393 $5,134,067.00 APPROVAL FOR AGENDA: .. 640/ - RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY 2011 -21 Architectural Design Services for the Kodiak High School Renovation Project with Jensen Yorba Lott Inc. of Juneau, Alaska in an amount not to exceed $5 $5,134,067. z^` KO HHAK ISLAND ®ROUGH � ENGINEERING /FACILITIES DEPARTMENT t E. ge't MEMORANDUM DATE: 1 -19 -2011 FROM: Woody Koning, Director TO: Rick Gifford, Borough Manager CC: Ken Smith, Project Manager RE: Summary of Negotiations for Contract 2011 -21 The following outlines key points in the contract negotiations between KIB and JYL: e Both parties agreed to employ the Washington State "Guidelines for Determining A/E Fees for Public Works Building Projects" to determine the fee. The manual provides a guide to arrive at a fair value for A/E services expressed as a percentage of construction cost. The starting point in the guide is a table indicating appropriate factors for the type and size of building to be designed. This table represents fees for basic (bare bones) A/E services starting with schematic design. What is the amount of construction cost? At this point in the process we don't have an accurate cost estimate because we don't yet know enough about what form the building will take i.e. rehab, new construction, total finished size, etc. When Pre - Design and Concept Design decisions are completed, we will have a much more accurate construction cost estimate from which to calculate final design fees. e For the purposes of executing this contract we will use the estimated budget amounts approved by the voters in the bond issue, which will be adjusted at the conclusion of the Schematic Design phase. TOTAL PROJECT COST 76,000,000 PROJECT SOFT COST @ 20% 15,200,000 CONSTRUCTION COST 60,800,000 o The Fee Schedule in the guide allows the fee for basic services for a building of this type and size as follows: BASIC A/E SERVICES 5.70% of construction cost ADD FOR RENOVATION 1.00% of construction cost ADD FOR PHASING 0.25% of construction cost TOTAL BASIC SERVICES FEE 6.95% of construction cost o Additional Services by phase (not included in the "bare bones" basic services) allowance are: PRE- DESIGN 378,857 CONCEPTUAL DESIGN 164,390 ADDITIONAL SCHEMATICS 31,340 ADDITIONAL DESIGN DEVELOPMENT 110,200 ADDITIONAL CONSTRUCTION DOCUMENTS 148,000 ADDITIONAL CONSTRUCTION ADMIN 75,680 TOTAL ADDITIONAL SERVICES 908,467 NOTE: See Article 4 in the Agreement for a list of Additional Services o Summary total of estimated A/E services: BASIC SERVICES (6.95% of 60,800,000) 4,225,600 ADDITIONAL SERVICES 908,467 TOTAL ESTIMATED A/E FEE 5,134,067 Please note that the totals are estimates based on budgeted amounts for construction. Final amounts will be calculated based on the cost estimates for construction of approved Conceptual Design. In this contract KIB is agreeing to scope of services, additional services amounts, and the factor (6.95 %) for calculating the basic services fee. Con f a' No en pvgt/a � ` I A Document BIOITM - 2007 Standard Form of Agreement Between Owner and Architect I AGREEMENT made as of the 12th day of January in the year 2011 (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, legal status, address and other information) Kodiak Island Borough This document has important 710 Mill Bay Road legal consequences. Kodiak, Alaska, 99615 Consultation with an attorney is encouraged with respect to its completion or modification. and the Architect: (Name, legal status, address and other information) Jensen Yorba Lott Inc., General Corporation 522 W. 10th St. Juneau Alaska Telephone Number: 907 586 1070 for the following Project: (Name, location and detailed description) Kodiak High School Addition and Renovation 710 Mill Bay Road Kodiak, Alaska Project includes Renovation and Addition to Kodiak High School site and campus The Owner and Architect agree as follows. AIA Document 6101 — 2007 gormerly 13151' — 1997). Copyright ®1974, 1978. 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of 1 this NO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible / under the law. This document was produced by AIA software at 13:57:34 on 01/12/2011 under Order No. 6656208149_1 which expires on 04/14/2011, and is not for resale. User Notes: (1514231861) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT EXHIBIT A INITIAL INFORMATION ARTICLE 1 INITIAL INFORMATION § 1.1 This Agteement is based on the Initial Information set forth in this Article I and in optional Exhibit A, Initial Information: (Complete Exhibit A, Initial Information, and incorporate it into the Agreement at Section 13.2, or state below Initial Information such as details of the Project's site and program, Owner's contractors and consultants, Architect's consultants. Owner's budget for the Cost of the Work, authorized representatives , anticipated procurement method and other information relevant to the Project) The work to be accomplished under this contract shall be as described in the attached Request For Proposal dated July 2010, the proposal prepared by Jensen Yorba Lott,lnc in response to the Request for Proposal, the Draft Education Specification for Kodiak High School prepared by DeJong Richter and Associates, as well as the draft scope of work memorandum dated December 29, 2010. Full scope of work to be accomplished under this agreement shall be confirmed during the Pre - desi and Conceptual Design Phases. Procurement method for construction, phasing, number of bid packages and fees for Schematic, Design Development, Construction Documents, Bidding, Construction Administration and Closeout services shall be determined at the conclusion of the Conceptual Design Phase. Fees shall he calculated following the Washington State Guidelines for Determining Architect/Engineer Fees for Public Works Building Projects in effect after July 1, 2009 and the accompanying AlE Fee Schedule in effect July I, 2007 § 1.2 The Owner's anticipated dates for cormnencement of construction and Substantial Completion of the Work are set forth below: .1 Commencement of construction date: to be determined .2 Substantial Completion date: kit reserved. Document 8101' — 2007 `formerly B151 °' — 1997). Copyright t 1974, 1978, 1987, 1997 and 2007 by The American Institute of Archilecis. All rights roserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 2 this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:57:34 on 01/12/2011 under Order No.5656208149_1 which expires on 04/14/2011. and is not for resale. User Notes: (1514231861) to be determined § 1.3 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect's services and the Architect's compensation. ARTICLE 2 ARCHITECTS RESPONSIBILITIES § 2.1 The Architect shall provide the professional services as set forth in this Agreement. § 2.2 The Architect shall perform its services consistent with One professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect sh^.�.,..,".- identi -a presentative (<uth..:ieed has identified Tony Yorba to act on behalf of the Architect with respect to the Project. § 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.5 The Architect shall maintain the following insurance for the duration of this Agreement. If any of the (1dentifr types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if any.) .1 General Liability See the attached Certificate of Liability Insurance dated 1/21/2010 issued by Shattuck and Grommet Insurance for Jensen Yorba Lott Inc. .2 Automobile Liability See the attached Certificate of Liability Insurance dated 1/21/2010 issued by Shattuck and Grommett Insurance for Jensen Yorba Lott Inc. .3 Workers' Compensation See the attached Certificate of Liability Insurance dated 1/21/2010 issued by Shattuck and Grommctt Insurance for Jensen Yorba Lott Inc. .4 Professional Liability See the attached Certificate of Liability Insurance dated 1/21/2010 issued by Shattuck and Grummett Insurance for Jensen Yorba Lott Inc. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structual, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Additional Services. § 3.1.1 The Architect shall manage the Architect's services, consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information Init. NA Document 8101' — 2007 `fonnerty 8151 — 1997). Copyright 0 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. NI rights reserved. WARNING: This NA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 3 this NA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AR software at 13:5714 on 01/12/2011 under Order No 6656208149_1 which edsires on 04114/2011, and is not for resale. User Notes: (1514231861) furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution made without the Architect's approval. § 3.1.5 The Architect shall, at appropriate times, contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project. In designing the Project, the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services. § 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of govemme tal authorities having jurisdiction over the Project. 3.1.7 The Architect shall prepare concept plans for determining the extent of renovation and demolition of existing facilities as required to accomplish the Owner's Program as refined during the Pre - Design phase. 3.1.8 Other services to be provided by the Architect during the Ike-Design and Concept Design phases include:life cycle cost analysis of the existing KHS Classroom and Voc Ed wings, gymnasium area and commons/cafeteria/library areas for the purpose of determining the cost effectiveness of renovation/demolition of these areas; Extent of new and renovation construction; Phasinp and building area as it relates to DEED reimbursement rates; Assistance with preparation of DEED project application for debt reimbursement; Assistance with determining the type of project delivery method to be used for construction; Produce and manage a web based project information tool; Preparation of Building Information Modeling (BIM) plan. § 3.2 SCHEMATIC DESIGN PHASE SERVICES § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's services. § 3.2.2 The Architect shall preparea preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, Phasing Plan and the proposed procurement or delivery method and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (I) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project, including the feasibility of incorporating environmentally responsible design approaches. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 31.4 Based on the Project's requirements agreed upon with the Owner, the Architect shall prepare and present for the Owner's approval a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. AIA Document 8101 — 2007 ormedy 8151 — 1997). Copyright 0 1974. 1978, 1987, 1997 and 2007 by The American Institute of Architects. MI rights Init. reserve. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 4 this MA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:57:34 on 01/12/2011 under Order No.6656208149 1 which expires on 04/142011, and is not for resale. User Notes: (1514231861) § 3.2.5.1 The Architect shall consider environmentally responsible design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain other environmentally responsible design services under Article 4. § 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner's program, schedule and budget for the Cost of the Work. § 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3. § 12.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's approval. 3.2.8 The Architect shall assist the Owner to perform a Life Cycle Cost Analysis (LCC) as part of the Schematic Design phase. LCC shall be used to select exterior envelope assemblies and Mechanical/Electrical primary assemblies § 3.3 DESIGN DEVELOPMENT PHASE SERVICES § 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and such other elements as may be appropriate. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.3.2 The Architect shall update the estimate of the Cost of the Work. § 3.3.3 The .Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner's approval. 3.3.4 The Architect shall assist the Owner to perform a Value Engineering/Constructability Review to be conducted in Kodiak. Purpose of this review is to identify potential constructability problems and refine the details to mitigate them. The Value Engineering review will take place early in the Design Development phase. § 3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES § 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the • construction of the Work. The Owner and Architect acknowledge that in order to construct the Work the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project. § 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (I) bidding and procurement information that describes the time, place and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). MA Document 13101"' — 2007 11 f oonerly B151 — 1997). Copyright m 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This MA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 5 this NA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 1357:34 on 01/1212011 under Order No. 6656208149_1 which expires on 04/14/2011, and is not for resale. User Notes: (1514231861) The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. § 3.4.4 The Architect shall update the estimate for the Cost of the Work. § 3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner's approval. § 3.5 BIDDING OR NEGOTIATION PHASE SERVICES § 3.5.1 GENERAL The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's approval of the Construction Documents, the Architect shall assist the Owner in (I) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and. (4) awarding and preparing contracts for construction. § 3.5.2 COMPETITIVE BIDDING § 3.5.2.1 Bidding Documents-Documents, Documents, if a traditional Design -Bid Build procurement process is selected, shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by A procuring the reproduction of Bidding Documents for distribution to prospective bidders; .2 distributing the Bidding Documents to prospective bidders, requesting their return upon completion of the bidding process, and maintaining a log of distribution and retrieval and of the amounts of deposits, if any, received from and returned to prospective bidders; .3 organizing and conducting a pre -bid conference for prospective bidders; .4 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda; and .5 organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. .6 preparing multiple bid packages if phased or multiple construction contracts are desired. § 3.5.2.3 The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. . ts-s'. • . .., : ..... ., :r: . Y... .. '... .:.:. - .: • •. : - , it the - ' - ::: : D : , § 3.6 CONSTRUCTION PHASE SERVICES § 3.6.1 GENERAL § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set :. ....... ... , , e ... - . ,. ... ,.... .below. . b � ' MA Document 6101'" —2007 fffonnedy 6151 ° — 1997). Copyright 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. MI rights init. reserved. WARNING: This MA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 6 this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:57:34 on 01/12/2011 under Order No.6656208149_1 which expires on 04/142011, and is not for resale. User Notes: (1514231861) § 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates . • : - .... • • - . - • • • nal-Getrifieate f,^ >t - once the contractor has requested substantial completion inspection. Closeout Services commence with the contractor request for substantial completion inspection. . § 3.6.2 EVALUATIONS OF THE WORK § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (I) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect Owner has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the • Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and &eider recommend matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith, The Arehiteet's- decisions -u» mutters- telating-to • • :. • .: . :.. ••• .. • • • • , - - Contract Documents. „�. i d t_ Ares_ Are = _ .... r .. .. - .. - • § 3.6.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR § 3.6.3.1 The Ar chitect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract MA Document 8101 — 2007 formerly 8151 *" — 1997). Copyright ®1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init reserved. WARNING: This AAA � Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 7 this NAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:57:34 on 01/12/2011 under Order No,6656208149_1 which expires on 04 /14/2011, and is not for resale. User Notes: (1514231861) Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 SUBMITTALS § 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to penult adequate review. § 3.6.4.2 In accordance with the Architect- approved submittal schedule, the Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear such professional's seal and signature when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to the provisions of Section 4.3, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth in the Contract Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If approph late, the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6.5 CHANGES IN THE WORK § 3.6.5.1 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to the provisions of Section 4.3, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. Init. AlA Document 8101" —2007 gonnsrly 8151 " - 1997). Copyright 45 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. MI rights reserved. WARNING: This MA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 8 this ALA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 13:57:34 on 01/12/2011 under Order No 6656208149_1 which expires on 04/142011, and is not for resale. User Notes: (1514231861) § 3.6.6 PROJECT COMPLETION § 3.6.6.1 When notified by the Contractor that the work is substantially complete the Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of fmal completion; issue Certificates of Substantial Completion; receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor; and issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 3.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. (Designate the Additional Services the Architect shall provide in the second column of the table below. In the third column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit, identify the exhibit.) Additional Services Responsibility Location of Service Description (Architect, Owner (Section 4.2 below or in an exhibit or attached to this document and Not Provided) identified below) § 4.1.1 Pl ugramming Architect § 4.1.2 Multiple preliminary designs Architect § 4.1.3 As Built Drawings of existing buildings Architect § 1 t 3 1MeDs,,.,•,1 L_... § 4.1.4 Site survey Consistent with Section 5.4 Architect x facilities surveys § 4.1.5 Geotechnical Investigation consistent with Architect section 5.5 § 4.1.6 Building information modeling Architect § 4.1.7 Civil engineering Architect § 4.1.8 Landscape design Architect § 4.1.9 Architectural Interior Design (B252" 2007) Architect § 4.1.10 Value Analysis(B204Tm 2007) Architect § 4.1.11 Detailed cost estimating Architect § 4.1.12 On -site project representation Architect § 4.1.13 Conformed construction documents Architect § 4.1.14 As- Designed Record drawings Architect § 4.1.15 As- Constructed Record drawings Architect Init. AlA Document B101^' — 2007 g(ormerly 8151 ^ — 1997). Copyright ®1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This NA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 9 this AlA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 13:57:34 on 01/122011 under Order No.6656208149_1 which expires on 04/1472011, and is not for resale. User Notes: (1514231861) § 4.1.16 Post occupancy evaluation Not Provided § 4.1.17 Facility Support Services (B210Tm-2007) Not Provided § 4.1.18 Tenant - related services Not Provided § 4.1.19 Coordination of Owner's consultants Not Provided § 4.1.20 Additional Electrical Services (Security System. Architect Sound System , and Telecommunications /Data system design) § 4.1.21 Food Service D Architect 290.7) § 4.1.22 Coaunissioning (}32 -11TH 2007X Owner § 4.1.23 Extensive environmentally responsible design Not Provided § 4.1.24 LEF,D Certification (B214TM_2007) Not Provided § 4.1.25 Fast -track design services Not Provided § 4.1.26 Historic Preservation (B205TM_2007) Not Provided § 4.1.27 Furniture, Furnishings, and Equipment Design Architect (4253n 20073 41.28 Web based project information and Architect information management services. § 4.2 Insert a description of each Additional Service designated in Section 4.1 as the Architect's responsibility, if not fiathet described in an exhibit attached to this document. Description of additional services are described in the attached scope of work dated December 29, 2010. It is anticipated that extent of services, including Construction Administration and Construction Observation Services, will be modified after Pre- Desilm and Concept Design is completed. § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Projcct including, but not limited to, size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the Owner's request for extensive environmentally responsible design alternatives, such as unique system designs, in -depth material research, energy modeling, or LEED® certification; .3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations or official interpretations; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .5 Preparing digital data for transmission to the Owner's consultants and contractors, or to other Owner authorized recipients; .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Pr eparation for, and attendance at, a public presentation, meeting or hearing; .8 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; AIA Document B101"' — 200711 B151". — 1997). Copyright ®1974. 1978. 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This NA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 70 this NA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taw. This document was produced by AIA software al 13:57:34 on 01112/2011 under Order No.6656208149 1 which expires on 04/14/2011. and is not for resale. User Notes: (1514231861) .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or § 4.3.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt written notice to the Architect, and the Owner shall have no further obligation to compensate the Architect for those services: .1 Reviewing a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner - provided information, Contractor - prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders and Construction Change Directives the • .. • .. . ': • : . • ... 1 's requested by the Owner or for the convenience or benefit of the Contractor ; • .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom; or .6 To the extent the Architect's Basic Services are affected, providing Construction Phase Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion idcattified in Initial Information, whichever is earlier. § 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall noti the Owner: .1 two ( 2) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor .2 :: .., .• ..:.. i.• : :•N mbcrof site visits will be negotiated prior to the start of construction. .3 - =: : •:..': -- • • irements Number of site visits will be negotiated prior to the start of construction. .4 : - :: : . . c- •- - • :. .. . - =:• umber of site visits will be negotiated prior to the start of construction. § 4.3.4 If the services covered by this Agreement have not been completed within fortyeight (48) months of the date of this Agreement. through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a writtcn program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request from the Architect, thc Owner shall furnish the requested information as necessary and relevant for thc Architect to evaluate, give notice of or enforce lien rights. § 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (I) the budget fur the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. Init. AMA Document B101' - 2007 `ormerly B151 - 1997). Copyright a 1974, 1978, 1987, 1997 and 2007 by The American hlslitute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 11 this Ng Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:57:34 on 01/12/2011 under Order No 6656208149_1 which expires on 04/14/2011, and is not for resale. User Notes: (1514231861) § 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.4 The Owner Architect shall fumish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights -of -way, restrictions, casements, encroachments, zoning, decd restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.5 The Owner-Architect shall fumish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. "The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. § 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.10 Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor and the Architect's consultants through the Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Architect of any direct communications that may affect the Architect's services. § 5.11 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights -of -way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared AJA Document 8101° - 2007 tonnerly 8151° - 1997). Copyright ® 1974, 1978, 1987. 1997 and 2007 by The American Institute of Architects. All rights 'nit reserved. WARNING: This MA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 12 this MA Document, or any portion of a, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software al 13:57:34 on 01/12/2011 under Order No. 58206149_1 which expires on 04114/2011, and is not for resale User Notes: (1514231861) by the Architect, represent the Architect's judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. Architect will adust the score of the work and assist with re- bidding if lowest r- ronsible base bid is more that 10% above the Owners budget for construction. § 6.31n preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. The Architect's estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requests detailed cost estimating services, the Architect shall provide such services as an Additional Service under Article 4. § 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, through no fault of the Architect, the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. § 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .5 implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, without additional compensation, shall modify the Conshuction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. § 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of .. . . n' adding to "- Projco', Service, provided that the Owner substantially performs its obligations, including prompt Init. AMA Document 8101' n —2007 gonerly B151' — 1997). Copydghl © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All dghts reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction ordistdbution of . this AIA Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software al 13 :57:34 on 01/12/2011 under Order No.6656208149_1 which expires on 04 /14/2011, and is not for resale. User Notes: (1514231861) payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub - subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Serviee- solely § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section ... • • . - -- . . • .tion 7.3.1 shall not apply -i° • e- Own --- .• - .......: - :. 1 .•.7.3.1.. § 7.4 . , - ... ..:..: . •- i .. :.. ; : -shal6 ,��r i.nplled .:.: - : ' . _ .. . .... .. :. ign,- delegates .. -.. . . .. - �°..` " *, ' � r• .. .. • ... - itheu ::::: .... x ...... • .. .. ' -.. Any Nnaatherized - use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. 7.5 Owner and Aichitect agree to negotiate use of Building Information Modeling (BIM) materials in a separate agreement using AIA E202. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 GENERAL § 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. Goadi tiens•of- the-C-enaact- for-C. :... :. •. ; • . - - ..:: ': - .' • eniensted- hereiy. § 8.1.3 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 MEDIATION § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days init.. AIA Document 8101' (formerly — 2007 8151 ^' — 1997). Copyright © 1974, 1978. 1987. 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 14 this AIA Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible underthe law. This document was produced by AIA software at 13:57:34 on 01/12/2011 under Order No.6656208149_1 which expires on 041142011. and is not for resale. User Notes: (1514231861) from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 823 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Owner and Architect do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will he resolved in a court of competent jurisdiction) [ X ] Arbitration pursuant to Section 8.3 of this Agreement [ ] Litigation in a court of competent jurisdiction [ ] Other (Specify) § 8.3 ARBITRATION § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction industry Arbitration Rules in effect on the date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. § 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 8.3.2 The totegoing agreement to atbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 8.3.4 CONSOLIDATION OR JOINDER § 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the parry sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. Init. AJA Document 8101 "' — 2007 bfonnerly B151 "' — 1997). Copyright 0)1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AJA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 15 this MA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software al 13:57:34 on 01/12/2011 under Order No. 6656208149_1 which expires on 94114/2011, and is not for resale. User Notes: (1514231861) • § 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments without reasonable justification to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted:adjusted as agreed by both parties. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the tens of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. § 9.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses dhectly attributable to termination for which the Architect is not otherwise :: ° , :::, : • • , - :. - - - .,. _... . _ .. - - .. . . . - . . . • - . ompensated,. § 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 11.9. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law • • : • • ' • • .• • • : ' : • :• : • - in place as interpreted, governed, and enforced by the laws of the State of Alaska, and the codes of Kodiak Island Borough,except that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Alaska Arbitration Act shall govern Section 8.3. § Terms in this Agreement . • : • ::: :... . ..:.: a : - .. . - • t • , ::.1 § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. AM Document 8101" -2007 ``formerly B151"- 1997). Copyright 1974, 1978. 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AJA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 1 6 this PIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AMA software at 13:57:34 on 01/12/2011 under Order No. 6656208149_1 which expires on 04/14/2011, and is not for resale. User Notes: (1514231861) § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The At chitect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 10.8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or "business proprietary." the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include NimiIar restrictions on the use of confidential information. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: (Insert amount ql,, or basis /or, compensation) The basis of compensation for basic services shall be the Washington State Guidelines for Determining Architect/Engineer Fees for Public Works Building Projects, effective July 1, 2009, including Exhibit A, A/E Fee Schedule effective July 1, 2007, The attached fee proposal describes the anticipated basic services fees, Actual Basic services fees shall be determined after Concept Design and this contract will be amended as required. § 11.2 Fur Additional Services designated in Section 4.1, the Owner shall compensate the Architect as follows: ( Inser7 amount of or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) The basis of compensation for additional services shall be the Washington State Guidelines for Determining Architect/Engineer Fees for Public Works Building Projects, effective July I, 2009, including Exhibit A, A/E Fee Schedule effective July 1, 2007, The attached fee proposal describes the additional services fees for Pre - Design and Concept Design. Actual additional services fees shall be determined after Concept Design and this contract will be amended as requited. § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation) as negotiated § 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus ten percent ( 10 %), or as otherwise stated below: • Init. MA Document 8101' — 2007 (ttonnerly B151' • — 1997). Copyright 0 1974, 1978. 1987. 1997 and 2007 by The Anted can Institute of Architects. All rights reserved. WARNING: This NA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 17 this MA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible / under the law. This document was produced by AMA software at 13:57:34 on 01/12/2011 under Order No.66562081491 which expires on 04/14/2011, and is not for resale. User Notes: (1514231861) § 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows: Schematic Design Phase twenty percent ( 20 %) Design Development Phase twenty percent ( 20 %) Construction Documents twenty-nine percent ( 29 %) Phase Bidding or Negotiation Phase two percent ( 2 %) Construction Phase twenty-seven percent ( 27 %) Close -out two 2 Total Basic Compensation one hundred percent ( 100 %) § 11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 11.5 based on (1) the lowest bona tide hid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent estimate of the Cost of the Work for such portions of the Project. The Architect shall be entitled to compensation in accordance with this .Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (I/ applicable, attach an exhibit of hourly bil ling rates or insert them below.) Billing rates are attached Employee or Category Rate § 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES § 11.8.1 Reimhui sable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect :mil the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out -of -town travel and subsistence; .2 Long distance servioes, dedicated data and communication services, teleconferences, Project Web sites. and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, models, mock -ups, professional photography, and presentation materials requested by the Owner; .8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project- related expenditures. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus percent ( %) of the expenses incurred. § 11.9 COMPENSATION FOR USE OF ARCHITECTS INSTRUMENTS OF SERVICE ..... .... .... r .. a .. . • .. .. - - fee -n5 -. r , .. : - fellewsr AIA Document 0101' — 20071formerly F3151 — 1997). Copyright ® 1974, 1978, 1987, 1997 and 2001 by The American Institute of ArcNtects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 18 this NO Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software al 13:57:34 an 01/12/2011 under Order No.6656208149_1 which expires on 04/14/2011, and is not for resale. User Notes: (1514231861) I § 11.10 PAYMENTS TO THE ARCHITECT § 11.10.1 An initial payment of ($ ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. A me unpaid ( invoice once any reasonable corrections have been completed. Amounts unpaid thirty (30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) 1 14—five o,'0 5% § 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be .. .. . :: • !• °- - -. -.: .:- - - - • l-- :..provided with invoices. ARTICLE 12 SPECIAL TERMS AND CONDRIONS Special terms and conditions that modify this Agreement are as follows: ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all piior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. § 13.2 This Agreement is comprised of the following docmnents listed below: .1 AIA Document BI OITm -2007, Standard Form Agreement Between Owner and Architect .2 AIA Document T201TM 2007, E20ITM -2008, Digital Data Protocol Exhibit, if completed, or the following: .3 Other documents: (List other documents, if any, including Exhibit A, Initial Information, and additional scopes of service, if airy, forming part of the Agreement) Request For Proposal dated July 2010, Proposal prepared by Jensen Yorba Lott,lnc in response to the Request for Proposal. Washington State Guidelines for Determining Architect/Engineer Fees for Public Works Building Projects in effect after July 1, 2009 and the accompanying A/E Fee Schedule in effect July 1, 2007 Final Scope of Work and Schedule dated December 29, 2010 Draft Education Specification prepared by Deiong Richter and Associates for Kodiak High School. Fee Proposal for Pre - Design services and Conceptual Design services Estimation of fees for all services through Closeout (actual fees to be confirmed after conceptual design). Current Design Team fee schedules. Init. AIA Document 8101 ° — 2007 6tormerly B151' ® —1997). Copyright 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 19 this MA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible t under the law. This document was produced by AIA software at 13:5734 on 01/12/2011 under Order No 6656208149 1 which expires an 04/14/2011, and is not for resale. User Notes: (1514231861) This Agreement entered into as of the day and year first written above. OWNER ARCHITECT (Signature) (Signature) Rick Gifford, KIB Manager Tony Yorba, Corp Sec (Printed name and title) (Printed name and title) AIA Document B101"' — 2007 `formerly 6151 — 1997). Copyright ® 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Ind reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 20 this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:57:34 on 01/12/2011 under Order No 6656208149_1 which expires on 04/14/2011, and is not for resale. User Notes: (1514231861) Certification of Document's Authenticity AIA® Document D401 — 2003 1. Antonio V. Yorba, AIA, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with this certification at 13:57:34 an 01/12/2011 under Order No. 6656208149_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA' Document B 101'*' — 2007, Standard Form of Agreement Between Owner and Architect, as published by the AIA in its software, other than changes shown in the attached final document by underscoring added text and striking over deleted text. (Signed) (Tide) (Dated) AIA Document D401^ —2003. Copyright 13 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.B. Copyright Law and International Treaties. Unauthodzed reproduction or distribution of this AIA Document, or any portion of ft, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by ALAsoflware at 13:57:34 an 01/12/2011 under Order No.6656208149_1 which expires an 04114/2011, and is not for resale. User Notes: (1514231861) KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 20, 2011 REGULAR MEETING ITEM NO: 13.C.1 TITLE: Ordinance No. FY2011 -11 Amending Title 2 Administration And Personnel Chapter 2.20 Borough Mayor Section 2.20.040 Duties and Chapter 2.25 Borough Assembly By Instituting Section 2.25.040 Representation Of Assembly Position to Require Assembly Discussion or Approval Before Stating or Announcing the Position of the Borough In Any Written or Electronic Communication or Giving Testimony Before Any Legislative or Regulatory Body as a Representative of The Kodiak Island Borough. SUMMARY: This ordinance would amend KIBC 2.20.040 and institute KIBC 2.25.040 requiring both the Borough Mayor and Assembly members to obtain Assembly approval before stating or announcing the position of the Borough on a given issue in writing or electronic form to avoid or reduce the potential for confusion and misunderstanding. Clerk's note: This ordinance was requested by Assembly member Stutes. It was placed on the agenda on November 4, 2010 addressing Mayoral communication only. During packet review, the Assembly gave direction to the Clerk to address assembly members also. The attached revision was sent to the Borough attorney for legal review and there was no objection to the proposed revisions. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: i RECOMMENDED MOTION: Move to adopt Ordinance No. FY2011 -11 in first reading to advance to public hearing at the next Assembly regular meeting. %, a Introduced by: Assembly member Stutes Requested by: Assembly member Stutes Drafted by: Assembly member Stutes 1 Introduced: 01/20/2010 2 Public Hearing: 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2011 -11 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 9 AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.20 BOROUGH 10 MAYOR SECTION 2.20.040 DUTIES AND CHAPTER 2.25 BOROUGH ASSEMBLY BY 11 INSTITUTING SECTION 2.25.040 REPRESENTATION OF ASSEMBLY POSITION TO 12 REQUIRE ASSEMBLY DISCUSSION OR APPROVAL BEFORE STATING OR 13 ANNOUNCING THE POSITION OF THE BOROUGH IN ANY WRITTEN OR ELECTRONIC 14 COMMUNICATION OR GIVING TESTIMONY BEFORE ANY LEGISLATIVE OR 15 REGULATORY BODY AS A REPRESENTATIVE OF THE KODIAK ISLAND BOROUGH 16 17 WHEREAS, the Mayor acts as a ceremonial head of the Borough and neither the Mayor 18 nor individual Assembly members has authority to determine or establish policy on issues of 19 interest to the Borough; and 20 21 WHEREAS, the Assembly is responsible for establishing Borough policy by ordinance, 22 resolution, or other actions; and 23 24 WHEREAS, communications initiated or signed by the Mayor which appear to announce 25 the Borough's policy or position on issues of public interest could be misleading or 26 prejudicial to the Borough's interest if the Assembly has not discussed the issues or 27 established a policy or position on the issue in question; and 28 29 WHEREAS, requiring the Mayor or Assembly members to obtain Assembly discussion or 30 approval before stating or announcing the position of the Borough on a given issue would 31 avoid or reduce the potential for confusion or misunderstanding; 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 34 BOROUGH THAT: 35 36 Section 1: This ordinance is of a general and permanent nature and shall become a 37 part of the Kodiak Island Borough Code of Ordinances; 38 39 Section 3: Title 2 Administration and Personnel Chapter 2.20 Borough Mayor Section 40 2.20.040 Duties is hereby amended as follows: 41 42 2.20.040 Duties. 43 A. The mayor shall act as ceremonial head of the borough. The mayor shall preside at all 44 assembly meetings, and sign ordinances and other documents on the borough's behalf 45 upon assembly authorization. The failure of the mayor to sign an ordinance or resolution 46 does not invalidate them. 47 B. Before claiming to speak for the borough, borough assembly, and /or borough 48 residents or announcing the position of the borough in any written or electronic Kodiak Island Borough Ordinance No. FY2011 -11 Page 1 of 2 49 communication, the mayor must obtain authorization from the assembly or base such 50 communication on a good faith belief that the mayor is speaking on behalf of the 51 assembly. This subsection shall not be interpreted as restricting the mayor's right to 52 state his or her personal opinion on any issue. Official borough letterhead shall not 53 be used for any personal communications by the Mayor or any Assembly member. 54 BC. Members of boards, committees, and commissions, except for members of the board of 55 adjustment, members of the board of equalization, and elected service area board 56 members, are appointed by the mayor and confirmed by the assembly in accordance with 57 KIBC 2.100.030. 58 59 Section 3: Title 2 Administration and Personnel Chapter 2.25 Borough Assembly is 60 hereby amended by instituting Section 2.25.040 Representation of assembly 61 position as follows: 62 63 2.25.040 Representation of assembly position. 64 A. The official position of the assembly is that taken as a result of debate and vote, 65 with the prevailing majority forming the official position. 66 B. Views and opinions of individual members of the assembly are not the official 67 position of the assembly. 68 C. The assembly may authorize a member of the assembly to serve as the official 69 assembly spokesperson on a given issue. 70 D. Before claiming to speak for the borough, borough assembly, and /or borough 71 residents or announcing the position of the borough in any written or electronic 72 communication, any assembly member must obtain authorization from the assembly. 73 74 Section 3: This ordinance shall become effective upon adoption. 75 76 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 77 THIS DAY OF 2010 78 79 80 KODIAK ISLAND BOROUGH 81 82 83 84 Jerome M. Selby, Borough Mayor 85 86 ATTEST: 87 88 89 90 Nova M. Javier, MMC, Borough Clerk 91 92 Kodiak Island Borough, Alaska Ordinance No. FY2011 -08 Page 2 of 2 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET p 0 Regular t /Special Date: 0 ho ICxO 1 ) Convened: l> Recessed: Reconvened: Adjourned: 1 BY: BY: (A flLa, BY: BY: 0 ! BY: d fi((/ SECOND: SECOND: v � `v SECOND: • 1 1 SECOND: , T f SECOND: \ T / r, t 14 1f , ��(� n 0,5 f'(1�V�- aliiM` � �tl c ‹ A n \I out ty n YES NO YES NO YES NO YES NO : "YES NO M s. Austerman / Ms- Austeunan Ms_Austermar _MsrAuster -man— Ms— Austerman Mr. Friend / Mr. Friend Mr. Friend 7 Mr. Friend _k, V Mr. Friend >✓ Ms. Fulp ✓ Ms. Fulp Ms. Fulp – lc V Ms. Fulp ✓ Ms. Fulp Ms. Jeffrey / Ms. Jeffrey Ms. Jeffrey / Ms. Jeffrey Ms. Jeffrey V Mc Kaplan V Mr. Kaplan Mr. Kaplan V Mr. Kaplan / Mr. Kaplan ✓ Ms. Lynch V Ms. Lynch Ms. Lynch ✓ Ms. Lynch ✓ Ms. Lynch Ms. Stutes V Ms. Stutes Ms. Stutes ✓ Ms. Stutes ✓ Ms. Stutes •_; f CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE 1 _ TOTAL: TOTAL: TOTAL: to D TOTAL: t 0 0 TOTAL: (L/ The mayor may of 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. Mayor Selby « Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular / Special Datet /r�` I at 1 Q om! Dt. !� Convened: Recessed: Reconvened: Adjourned: b _ �2 ✓ nt BY: ot BY: %C"C BY: i BY: BY: SECOND: , it SECOND: '�i SECOND: SECOND: SECOND: T i • YES NO r YES NO • YES NO YES NO • .' YES NO Ms—Austerman Ms er _—JNs._Austerrraan— Ms— Austerman Ms. Austerman _ Mr. Friend ✓ Mr. Friend Vie Mr. Friend V Mr. Friend Mr. Friend Ms. Fulp ✓ Ms. Fulp Ms. Fulp < / Ms. Fulp Ms. Fulp Ms. Jeffrey , / Ms. Jeffrey ✓ Ms. Jeffrey Ms. Jeffrey Ms. Jeffrey Mr. Kaplan �i / 1 Mr. Kaplan 17 Mr. Kaplan Mr. Kaplan Mr. Kaplan Ms. Lynch Ms. Lynch * 7 Ms. Lynch / Ms. Lynch Ms. Lynch Ms. Stutes ✓ Ms. Stutes V Ms. Stutes �/✓ Ms. Stutes Ms. Stutes .CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE _ VOTE? CHANGE OF VOTE? CHANGE OF VOTE ?' . TOTAL: (n 0 TOTAL: Le Q TOTAL: ID TOTAL: TOTAL: 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. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby Kodiak Island Borough Assembly Regular Meeting Guidelines January 20, 2011, 7:30 p.m., Borough Assembly Chambers 1. INVOCATION Captain John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Please announce: Please remember to turn off ringers on your cell phones or put them on vibrate. 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 Austerman who is absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA Recommended motion: Move to approve the agenda. Recommended motion: Move to amend the agenda by adding Item 6.A Student of the Month for January 2011 and removing Item 6.0 Proclamations. ROLL CALL VOTE ON MOTION TO AMEND THE AGENDA. ROLL CALL VOTE ON MAIN MOTION AS AMENDED. 5. APPROVAL OF MINUTES — None. 6. AWARDS AND PRESENTATIONS A. Student of the Month — Mayor Selby • Katie Strong, Port Lions School — January 2011 B. Employee of the Quarter — Manager Gifford C. Longevity Award — Manager Gifford 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. Please ask speakers to sign in and state their name for the record. 8. COMMITTEE REPORTS Kodiak Island Borough Assembly Guidelines January 20, 2011 Page 1 9. PUBLIC HEARING A. Ordinance No. FY2011 -10 Rezoning Lot 3, Block 1, Woodland Acres Subdivision - 3694 Rezanof Drive East, From RR —Rural Residential To B— Business (Painter Family Trust). Recommended motion: Move to adopt Ordinance No. FY2011 -10. Clerk's Note: 41 public hearing notices were sent out on January 7, 2011. Attached on yellow paper are the public hearing notices returned to our office. Staff Report — Manager Gifford Open public hearing. Read phone numbers: Local is 486 -3231. 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. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts 1. Contract No. FY2011 -21 Architectural Design Services for the Kodiak High School Renovation Project. Recommended motion: Move to authorize the manager to execute Contract No. FY2011 -21 with Jensen Yorba Lott of Juneau, Alaska for the Architectural Design Services for the Kodiak High School Renovation Project in an amount not to exceed $5,134,067. Staff report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION. B. Resolutions — None. Kodiak Island Borough Assembly Guidelines January 20, 2011 Page 2 C. Ordinances for Introduction 1. Ordinance No. FY2011 -11 Amending Title 2 Administration And Personnel Chapter 2.20 Borough Mayor Section 2.20.040 Duties and Chapter 2.25 Borough Assembly By Instituting Section 2.25.040 Representation Of Assembly Position to Require Assembly Discussion or Approval Before Stating or Announcing the Position of the Borough in Any Written or Electronic Communication or Giving Testimony Before Any Legislative or Regulatory Body as a Representative of the Kodiak Island Borough. Recommended motion: Move to adopt Ordinance No. FY2011 -11 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff report — Clerk Javier Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. D. Other Items — None. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone numbers: Local is 486 -3231. Please ask speakers to sign in and state their name for the record. 15. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby The Borough Assembly and the City Council will meet in a Joint Work Session on Tuesday, January 25, 2011, at 7:30 p.m. in the Borough Assembly Chambers. The next Assembly work session will be held on Thursday, January 27, 2011, at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly is scheduled on Thursday, February 3, 2011. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines January 20, 2011 Page 3 KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: X19140.0 Please PRINT your name Please PRINT your name cZ s'--, K :k Lt . P,OtA t (411 : 1" Sotiker n // /7 /) /ll\