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2011-04-21 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, April 21, 2011, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (°*) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. APPROVAL OF MINUTES - None 6. AWARDS AND PRESENTATIONS - None 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 -14 Rezoning Lot G -1, U.S. Survey 3218, From B- Business To R3- Multifamily Residential, and Lots D -2, H -1, H -2 and G -2, U.S. Survey 3218, From RR1 -Rural Residential One To R3- Multifamily Residential. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts - None. B. Resolutions 1. Resolution No. FY2011 -25 Authorizing the Borough Manager to Enter Into a Land Use License With the State of Alaska Allowing the Department of Fish and Game to Use a Portion of Tract B -1A U.S. Survey 4947 and Entering into a Lease Agreement Upon Recording of a Plat. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Local 486 -3231. Page 1 of 2 C. Ordinances for Introduction 1. Ordinance No. FY2011 -15 Amending Title 9 Public Peace, Morals and Welfare by Instituting Chapter 9.10 Fireworks Control to Restrict the Sale and Use of Fireworks in the Borough. D. Other Items 1. *Declaring a Seat on the Kodiak Workforce Regional Advisory Council Vacant. 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. Solid Waste Advisory Board Regular Meeting of March 9, 2011. B. Reports 1. Kodiak Island Borough January 2011 Financial Report. 2. Kodiak Island Borough School District Board of Education Special Meeting Summary of April 4, 2011. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Local 486 -3231. Page 2 of 2 KODIAK ISLAND BOROUGH AGENDA STATEMENT APRIL 21, 2011 REGULAR MEETING ITEM NO: 9.A TITLE: Ordinance No. FY2011 -14 Rezoning Lot G -1, U.S. Survey 3218, From B- Business To R3- Multifamily Residential, and Lots D -2, H -1, H -2 and G -2, U.S. Survey 3218, From RR1- Rural Residential One To R3- Multifamily Residential. SUMMARY: This case was originally requested by petitioners Bruce and Lila Beehler for the rezone of Lot G1, U.S. Survey 3218 from B- Business to R3- Multifamily Residential. After a public hearing at the January 19, 2011, regular meeting, the Planning and Zoning Commission moved to expand the scope of the request to consider the additional rezoning of Lots D -2, H -1, H -2 and G -2, U.S. Survey 3218, from RR1 -Rural Residential One to R3- Multifamily Residential. The KIB Planning and Zoning Commission held a second public hearing on March 16, 2011, for this rezone request to address the five (5) adjoining lots that were included in the expanded scope of this review. After the second public hearing, the commission moved to recommend the rezoning of Lot G -1, U.S. Survey 3218 from B- Business to R3- Multifamily Residential and Lots D -2, H -1, H -2 and G -2 from RR1 -Rural Residential One to R3- Multifamily Residential. In making the recommendation, the commission found that this area has been largely overlooked in the most recent comprehensive plan update and the land use designation for this area generally follows the pre- existing zoning from the 2005 zoning map. In considering the rezone the commission noted in findings that all of the lots adjacent to the rezone area are zoned B- Business while this area remains a rural residential enclave. A rezone to R3- Multifamily Residential will provide new development opportunities that are appropriate for this location along an arterial street and should be more compatible with the prevailing commercial zoning and development surrounding these five (5) lots considered for rezone. Thirty public hearing notices were sent out on April 11, 2011. APPROVAL FOR AGENDA: I c43 ," RECOMMENDED MOTION: Move to adopt Ordinance No. FY2011 -14. Introduced by: Borough Manager Requested by: CDD Director Drafted by: CDD Staff Introduced: 04/07/2011 1 Public Hearing: 04/21/2011 2 Adopted: 3 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2011 -14 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 9 REZONING LOT G -1, U.S. SURVEY 3218 FROM B- BUSINESS TO R3- MULTIFAMILY 10 RESIDENTIAL; AND, REZONING LOTS D -2, H -1, H -2 AND G -2 FROM RR1 -RURAL 11 RESIDENTIAL ONE TO R3- MULTIFAMILY RESIDENTIAL. (P &Z CASE 11 -014) 12 13 WHEREAS, Bruce and Lila Beehler requested the rezone of Lot G -1, U.S. Survey 3218 14 from B- Business to R3- Multifamly Residential; and 15 16 WHEREAS, the Planning and Zoning Commission held a public hearing on January 19, 17 2011, after which it increased the scope of review to include adjacent Lots D -2, H -1, H -2 and 18 G -2, U.S. Survey 3218 over concerns of possible "spot zoning" if Lot G -1 alone was 19 rezoned, and because the additional lots were all located in the RR1 -Rural Residential One 20 zoning district; and 21 22 WHEREAS, a second public hearing was held on March 16, 2011 to consider the possible 23 rezone of all five (5) lots to R3- Multifamily Residential; and 24 25 WHEREAS, Planning and Zoning Commission found a broader area in need of rezoning 26 to R3- Multifamily Residential in order to provide more development opportunities in the area 27 and to provide a better fit with the surrounding B- Business zoned lands; and 28 29 WHEREAS, the Commission finds the request to be generally consistent with the goals 30 and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update; and 31 32 WHEREAS, the Commission recommends that the Kodiak Island Borough Assembly 33 rezone Lot G -1, U.S. Survey 3218 from B- Business to R3- Multifamily Residential and Lots 34 D -2, H -1, H -2 and G -2, U.S. Survey 3218 from RR1 -Rural Residential One toR3- Multifamily 35 Residential. 36 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 37 BOROUGH that 38 39 Section 1: This ordinance is not of general application and shall not be codified. 40 41 Section 2: Lot G -1, U.S. Survey 3218 is hereby rezoned from B- Business to R3- 42 Multifamily Residential. 43 Kodiak Island Borough Ordinance No. FY2011 -14 Page 1 of 3 44 Section 3: Lots D -2, H -1, H -2 and G -2, U.S. Survey 3218 are hereby rezoned from RR1- 45 Rural Residential One to R3- Multifamily Residential. 46 47 Section 4: The findings of the Kodiak Island Borough Planning and Zoning Commission 48 are hereby confirmed as follows: 49 50 17.72.020 A. Findings as to the need and justification for a change or 51 amendment. 52 Four of the five lots in the rezone area are currently zoned RR1 -Rural 53 Residential One which is a large lot low density single - family residential 54 zoning district. This zoning appears to be out of place in the context of being 55 totally surrounded by B- Business zoned land. In addition, the lots are located 56 in the urban area along a developed arterial street with excellent access to 57 utilities, schools and services in the area. The fifth lot is zoned B- Business, 58 but developed as residential that is similar to the other lots in the 59 aforementioned RR1 zoning district. The petitioners of this fifth lot requested 60 the rezone initially, but good zoning practice would discourage the treatment 61 of this one lot to a different set of development standards than any of the 62 surrounding lots currently enjoy. 63 64 Changing the zoning of these five lots to R3 would not have a major impact 65 on the availability of either the RR1 -Rural Residential One or B- Business 66 zoned land. Generally, multi - family residential is considered a good fit with 67 commercially zoned land as it is an allowed use in some form in all urban 68 commercial zones where municipal water and sewer are available. There 69 may be some concerns about the mixed use nature of the area surrounding 70 the rezone area (B- Business zoned land). On the whole, however, the rezone 71 has more positive attributes than negative, hence the recommendation to 72 make the zoning change from RR1 -Rural Residential One and B- Business to 73 R3- Multi- family Residential. 74 75 17.72.020 B. Findings as to the Effect a Change or Amendment would have 76 on the Objectives of the Comprehensive Plan. 77 The 2008 Kodiak Island Borough Comprehensive Plan Update recommends 78 this area for Rural Residential for four of the five affected lots. The fifth lot is 79 recommended to remain Commercial /Business. While it is appropriate to give 80 the plan due deference in these matters, it is clear from review that these 81 designations are not fully consistent with the kinds of land uses currently 82 developed in the area and that the plan designation is largely derived from 83 the prior zoning map. Clearly no one was specifically concerned with the 84 zoning of this area at the time the last major plan update was being compiled. 85 86 Investigation of the rezone indicates a substantial disconnect between the 87 prevailing commercial zoning and development context of the rezone area. Kodiak Island Borough Ordinance No. FY2011 -14 Page 2 of 3 88 This can only be remedied by a deviation from the express designations of 89 the comprehensive plan. This, therefore, may be an exceptional situation 90 whereby the due deference accorded the plan must yield to the more 91 practical and realistic considerations pertaining to the rezone area and how 92 this area can be of benefit to the overall community in the light of future 93 development and use potential represented by these five lots. 94 95 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 96 THIS DAY OF 2011 97 98 99 KODIAK ISLAND BOROUGH 100 101 102 103 Jerome M. Selby, Borough Mayor 104 105 ATTEST: 106 107 108 109 Nova M. Javier, MMC, Borough Kodiak Island Borough Ordinance No. FY2011 -14 Page 3 of 3 Kodiak Island Borough z % "� %� Office of the Borough Clerk 5 710 Mill Bay Road m- s Kodiak, Alaska 99615 ,O' ka Phone (907) 486 -9310 Fax (907) 486 -9391 . -' njavierAkodiakak.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, April 21, 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 -14 Rezoning Lot G -1, U.S. Survey 3218, from B- Business to R3- Multifamily Residential, and Lots D -2, H -1, H -2 and G -2, U.S. Survey 3218, from RR1 -Rural Residential One to R3- Multifamily Residential. 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 njaviera(�kodiakak.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 April 21, 2011. Comments supporting and opposing are encouraged. If you have any questions, please call 486 -9310. Attachments: • Public hearing notice • Map • Public hearing form • Ordinance No. FY2011 -14 ASSEMBLW Ordinance No. FY2019 Rezoning Lot REGULAR @ aa @9D from B- Business APRIL � ' iJ o `L 9 a flOrgadf Residential, and Lots PUBLIC HEARING D -2, Mg IX142 and CA Moa acluv2V Meb Emma from RR1 -Rural Residential One a Re- Mate Residential. Fa arra% Er Ne y airre WO Ny k rie s ant � wise F ® a PION ® r Legend LIES I illia NM Subject Parcel ® / 6 44 st a 1 /5 : Tar r ailiK i lffll -, trerteA 4 a7 0 3 74V 4 kV 4, • - i I A . p - 0,10 ir S 411 SO- it# 0 OW ti A :0- Tisr ‘ stol et a USS 1682 ' � � 4 4 tat If kt," -61'70 r: Kodiak Island Borough GIS System W P E cy r. 0 225 450 900 '1,350 7 BFeet S This map was prepared Iran me Kodiak Island Bomugi a GIS System. It is aidomi for tie purpose et snowing the general Incatre or a properly within tie Kodiak Island Bomugl. ThIs map does net represent a survey. More Intamaion abom tte mapping data can oe bbpined try conbcting tie Kodiat Island Borough IT Oepadmert att90]) 4569333. PUBLIC HEARING FORM Ordinance No. FY2011 -14 Rezoning Lot G -1, U.S. Survey 3218, from B- Business to R3- Multifamily Residential, and Lots D -2, H -1, H -2 and G -2, U.S. Survey 3218, from RR1 -Rural Residential One to R3- Multifamily Residential. ❑ This is in support of the rezone. ❑ This is in opposition of the rezone. ❑ Other comments. Name: Residence Address: Mailing Address: Comments: Written comments may be submitted by email to njavierkodiakak.us, fax to 907 - 486 -9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, April 21, 2011. RALPH BORS RONALD PAINTER FAMILY TRUST JAMES EGGEMEYER PO BOX 805 3901 WOODLAND DR P 0 BOX 965 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DOUGLAS WATERBURY MELVIN BORTON RICK OLSON 3373 MELNITSA LN 265 NEVA WAY 305 NEVA WAY KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 RICHARD CARSTENS JUDITH WATERBURY DEBBRA EGGEMEYER P.O. BOX 2676 3373 MELNITSA LANE 3689 E. REZANOF DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 PATRICIA JACOBSON REVOCABLE LAWRENCE KEEGAN MICHAEL SHERMAN TRUST P.O. BOX 1956 PO BOX 67 P 0 BOX 8707 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 TERRY KACALSKI MILL BAY ENTERPRISES, LLC CHRIS KOSTELECKY PO BOX 2014 PO BOX 2183 PO BOX 2383 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JUAN J. DOMINGUEZ TAMIE FOGLE BRUCE BEEHLER 520 THORSHEIM ST 3251 KATMAI DR 3325 MILL BAY RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 GARY ROBERTS KODIAK ASSEMBLY OF GOD JAMES MORTON P.O. BOX 3208 P.O. BOX 747 PO BOX 44 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JOSEPH FRANCISCO BRETT LOUNSBURY DEAN WISE 3260 VIEWCREST LN PO BOX 8947 PO BOX 82 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ANDREW EATON CATHERINE MCCARTHY HOPE COTTAGES INC. PO BOX 8758 P 0 BOX 957 540 W INTERNATIONAL AIRPORT RD KODIAK, AK 99615 HOMER, AK 99603 ANCHORAGE, AK 99518 -1110 DUNCAN FIELDS MICHAEL RASMUSSEN LIVING TRUST SEVERIN REED PO BOX 25 PO BOX 2213 3241 MILL BAY RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 PUBLIC HEARING FORM Ordinance No. FY2011 -14 Rezoning Lot G -1, U.S. Survey 3218, from B- Business to R3- Multifamily Residential, and Lots D -2, H -1, H -2 and G -2, U.S. e , 3218 fromiRR1 =Rural Residential One to R3-Multifamily Residential. I Is u J L V This is in support of the rezone. I I, APR 1 8 2011 i i CI This is in opposition of the rezone. J ❑ Other comments. BOROUGH CLERK'S OFFICE Name: .Brtgcc. j r /a Bee, h - p / 1� ) Residence Address: 33? 37 5 M 7/h j / �1 / % oU q e , Ret.Skc ??6 • Mailing Address: 331 /7/ - l Comments: Lw/a R1� in --NIJ ,r // '1 f ,e_37 /7'Si- znni/7 / w! € an) -L ave �ol� fllna / oc ier QC nc-t_ and /Tn, i e.. 7'2 re -Are /1'i Yl4 c-1 e Pei Ou ✓ Curren] / / I/e- 7 . /r, 1/20./,` 7 /J //^^ L t r-/lin / LAP_ P / � Ina 7`,5 r C -lo C /a / — C Lr.S /!7mac{ ) l o [ f (' ` I re. Zov 9_1 /O X..3 /IC°CGl�16e GcJe_ / / /L�CIt� /-70 /flkn - 17 1-60T la1�t� /C7f/ �l // "S/ /�e,s S ,Dh / f�?/5�1 /JenAt! /he / A - o ic ci nN Siv c?S5 (V-I f%ls ,,1175yJekif / y./ / ocr/- /t roc„J /e c)j'e . //here qv� 2 /�r, e S On / �Lre_ �I <� / /, eciT c,J1 t!i 0/IC. Anc.2 /H 4/-1 •4 e / ' T N - -' .H.. , •., To r c ? rut., r //.rive_ 7 S /off Zot��J /C� / /` ,7- orJe TU A Q vr. 7 Aalicvr US nnf 7v yo ZoneN� a / %/�/ /� / v>ltS' dro!5eJ to //7r/ e Vr)7 ev' /or e_ /of3 / h� •tkS76 Written comments may be submitted by email to njavier(o�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, April 21, 2011. PUBLIC HEARING FORM Ordinance No. FY2011 -14 Rezoning Lot G -1, U.S. Survey 3218, from B- Business to R3- Multifamily Residential, and Lots D -2, H -1, H -2 and G -2, U.S. Survey 3218, from RR1 -Rural Residential One to R3- Multifamily Residential. K This is in support of the rezone. Cart Otr 'fOnc 1t_ r lE, 1 E —' 111 This is in opposition of the rezone. D • D ❑ Other comments. APR 2 5 2011 Name: Ddti.(.,lr fie Idi Up URUI)VII ri roU'C nFFICE. �r / Residence Address: l ie Z-Z. a-Ai e Mailing Address: /. d R'r Z,.5 Comments: /1 / Skid ` /1 / d ( <ki f j . u _ Pt .0' . _ « , c� r / / , ., .. „ / - '.. its ' • O I Mr.IS. i _ .1 a r I. .4 .• 1 • .•_. - 4 4v9a , rn Cs /gwu4 '° 14 / tar, rG /.,3 .' 2� %� 1 s ai l I 1 (.47 f A ds beh s - ./ t�s /4 rt , 5 % / j ✓ use p d o 1-h -e n N , i S _ L. 4 %. _ , /1L4 Si4 a / 4;12. >,l'a r i. . 1 L i <, ". .. . . - . yall cla G I Gt, Written comments may be submitted by email to njavierkodiakak.us, fax to 907- 486 -9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, April 21, 2011. Public Hearing Item 7 -A P&Z March 16, 2011 Image Overlay Request: A Rezone, according to KIBC 977. 205.030.A, p Case 3 941 a OD consider@ rezone CO DaM m GL39 Rural Residential Carob R3- Multifamily Residential, Bruce 8 Lila Beehler 00 IICII@Al from B- Business 00 Re- Multifamily Residential. Efl] located S 00 @WOW WICI, ` -. , 'n & 1 • �j ' r r a. . • \ s e a. .�y� r ,! 4 r, Iffs �, 1 v 4 �iY� ad, ,tk .9 it r C� iiii l /�r i b q .. 1 47ire„ 1 o f t e cc � i � rsi f , �n` 9 y 1� a , iir > - s .f tit ` . 4 '. r k C. y!' - /AI / i t /'" i J - " NI X • rt 4 i pf r S , . J , ,, ##,,�t� ' S r-c ' c• Y 'r d' . ", p 1 Sp f t. . .4 1 f . 14 att ' ... l N ? 4'> r -f .:w ] i < z � e.� ri ' i�y • .•` rt ! ; it C r r A Sao t,.; . , � a v I, ,7�_f S C�7.�, k ! � Q i a r j tp 1 �2_, r , r y r G \ , .. 'v r '- . , : { + fu, ,„ 0 v 4 Z: e . a �~ t d a , r y\ t r , /1,& i ", + R a k . -'1 4 7e ' . ... �a r;" ( iii ' ''� F i �'5k• � A ® l ( � :{ r l M, F v S r, i 1 ll 4 d i / 3z. ; �s i 4 ,, , _., t ., , , . r r, ` f�J" . "' � 4 .3' a y ' �.v ' ., , ,,,,, A a ... ,,,,,, ��' rI' r ✓. � �r{, u'N r ' r ," ai\r Z i r!e ?�(,( e wz a� _ • , �o-' , \ t a , e . , rl S/ _ e 1 ' , r7 3 <' 3 R i; Y tiZ 1jS r a p Kodiak Island Borough GIS System W r E .n_ 0 , R 170 ,,,.....b _�.m. 340 610 ..�.�...,,.. 680 � - Feet S This map was prepared from the Kodiak Island Borough's GIS System. It Is provided for the purpose;,3, r 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 ob t a ined dy ntacting the Kodi Island Borough IT Department at (90]) 6869333 Case No. 11 -014 Introduction - Page 1 of 4 Public Hearing Item 7 -A P8Z March 16, 2011 !1 Location Request: Q Rezone, according QD KIBC 97.205.030.A, QJ considerp rezone CQ( CA DM. nitei C)(§k'3 P e3& Case Q 99494 I °39 -Rur Residential ap t) R3- Multifamily Residential, Bruce 3 Lila Beehler ad from B- Business 60 R3- Multifamily Residential. a located S Ofi , M, re nil :; savh70.15 !k� 0 AP 1i ! _ W■'• �� ®, O P P Legend , ® 7 � � '� \ o a Parcel x Subject Pal di ' / p0`2 R l ✓ 0 3463 / ,� a , 04 ® 1 53248 O �� ® i 1� . ..„, is � ill , NS isiji sw ' r USS 1682 �_�� ® ® s o- w SS 3512 I A TBACTB wo - - ., WW C _ P R �cl�� oS S a TRACT A4�� ` ,fre a I ~P a Waikh �_ A ¢ Kodiak Island Borough GIS System N 0 .,►� 0 225 450 900 1,350 1,800 iFeet $ 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 the Kodiak Island Borough IT Department at (907) 486-9333. Case No. 11 -014 Introduction - Page 2 of 4 Public Hearing Item 7 -A P &Z March 16, 2011 N :, Kodiak Island Borough Zoning Map W alk t n il l; Community Development Department iii Zoning Request: Q Rezone, according 03 KIBC ig.205.030.A, OD consider p rezone 11Cfp 1: G;b9 - -Sit &a from p b Case 0 99cO414 Wa-Rural Residential are go R3- Multifamily Residential, Bruce 6 145 Beehler aid 1c4(§9 from B- Business QO R3- Multifamily Residential. located a 011,3a dui ru v MICI, m .,.. 0P 41'4' � co ti t M 0 r 125 250 500 I t r P ^ Feet Cf 7 ... O J 0 ^ '�� ro m 34 0 y P � nom Legend S 3463 330 PS' S 3218 �t s` CD 3259 IV m / ?6 > 1111 09 P - ^ I- Ca AN- ct 2 I 0 7 ^ ' 05 33 38 `r '0 N. 1 3 26 ' 3 30 0 r,P ,�Q- I �� ^ O �� ,, . 32 32 c O' as \ CD 5 3ti LL L 0 \)) ii 31a F ^' 3133 N n ^ • V ■ • 313Q X . , W — ,5 0 NE1 /2J o� L GA 4 rb /1/2J 1?- USS 1682 o 7 G n „ 4 . n Zoning Legend Public Use Lands I I Rural Residential 1 Multi Family Residential n Light Industrial ® Watershed n Rural Residential 2 I I Business I I Rural Neighborhood Commercial Conservation Single Family Residential In Retail Business Urban Neighborhood Commercial I I Rural Residential Two Family Residential I I Industrial Natural Use 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 the Kodiak Island Borough IT Department at (907)486-9333. Case No. 11 -014 Introduction - Page 3 of 4 . wv.r..• .vv -...v r Nine . ...... ••• •••• � .... 710 Mill Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 48 earing Item 7 -A www.kib.co.kodiak.ak.us a rch 16, 2011 Applicant Information Property Information 40332 6 joTr) : R /4/62 /o Property ID Number /s 33a mitt t y Rc6 Property owner's name / Pf -n ) at owe/Zia i la gP-P .4 /er l• 0 t -. ewax;,aa>alicw.i / ' 0. 31 /; Legal Description Property owner's mailing address / 2 ? .E MiZety 4 Current Zoning: C.- u S , n CSC City J State Zip Applicable Comprehensive Plan:. La ).; e Nas Mt< Year of Plan adoption: • Home phone Work Phone E -mail Addr. Present Use of Property: ReS, / Lon fit/ 07 -4fg 3;698, 9a7-`/97 hod Ana Agent's name (If applicable) NA Agent's mailing address Proposed Use of Property: (.5 perty: Ra S /c%. ... / ./, 4 1 r. / t tL / /S n e.nd IS • . /9 3 c.e. 4 #4 t. eu 5L City State Zip ) Home phone Work Phone E -mail Addr. (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. f7 Additional NNNNN t/ve/History /1 As -built Survey .i Photographs _ Maps _ Other �1t ion . n 11D/// /O/ // Property Owner's Signature Date Authorized Agent's Signature Date A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; cirdulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, ©1993 by Rutgers University) 7j C/6. STAFF USE ONLY 1A . l PAYMENT VERIFICATION Code Section(s) Involved: ( R M NOV 1 0 2011 *Zoning Change, Variance (KIBC 17.66.020) $250.00 • Fee Schedule: Conditional Use Permit (KIBC 17.67.020.B) $250.00 Kodiak Island Bo OUQtkr MB Assembly Resolution Other (appearance requeds, site plan review, etc.) $150.06inanCe De t artment Eft July 1, 2005) �( Zoning change from ?..1 ; to R3 /2 (KIBC 17.72.030 and 030. y� T , ■—L.es ham 1.75 .+350.00 / ! ,` '; t.76 to 5.f10 acres Application received by. " iy ', / 5.01 to 40.00 acres S1,000.00 1. 1/4 :/ j� 40.01 acres or more $1,500.011 Staff signature I I _ DELI Case No. 11 -014 Application - Page 1 of 14 Public Hearing Item 7 -A P&Z March 16, 2011 Nov. 7, 2010 We were asked to write concerning the history of the property, Lot G1 of subdivision of Lot G, US Survey No. 3218, which we purchased over 7 years ago. Doyle and Charlotte Hatfield were the previous owners who purchased the yellow, single story house from the Barker family in 1971. The property is approximately 'A acre and was used as residential property. At some point Mr. Hatfield thought the properties in the area were either to be annexed into the city or brought into compliance through rezoning. Lot GI was zoned commercial at Hatfield's request as they had moved on the property. Doyle Hatfield's daughter's family occupied the yellow house and were planning on building a much larger home on the GI property to house their growing family. A two story, 4,000 sq. ft. structure was built on the property. Mr. Hatfield's son- in-law, Steve McCormick hoped to turn the lower portion of the home into a auto garage after he retired. The lower area was never used as a business according to Mr. Hatfield's knowledge .McCormick's grown daughter lived in the downstairs mother -in -law apartment for awhile. During this period the McCormicks still lived in the upstairs of the home. They rented out the yellow house on the front of the property. The McCormick's moved out sometime in the 1990's. From the time the McCormick's moved out until we purchased the property in 2003, the Hatfields rented out both the large home and the small yellow house. When my wife and I purchased the homes we got permits and upgraded the houses to meet the residential loan requirements. This sums up the history of the property. We are requesting this property to be rezoned from commercial to .123. We request this on the fact that all properties bothering us have residential occupants. Also, the fact that this property has never been used commercially and we have no intent to use it in that manner for which it is presently zoned. Thank you for your attention and consideration in this matter. Respectfully, Bruce Beehler Case No. 11 -014 Application - Page 2 of 14 H t s,J- L c✓ to Ka f"Fr C. �� S Public Hearing Item 7 -A P82 March 16, 2011 a o , Kodiak Island ° {p ough o a R. 710 MILL BAY ROAD (, f , KODIAK, ALASKA 99615 -6340 > t �'r PHONE (907) 486-5736 I '^ti f • July 17, 1986 Doyle Hatfield 1516 Larch Street Kodiak, Alaska 99615 RE: CASE 86 -054. Request for an exception from Section 17.21.020 (Permitted Uses) of the Borough Code to permit a single- family dwelling unit to locate within an existing business building on a lot that already contains a separate single - family residence. Located in a B-- Business Zoning District on a Portion of Tract 0-1, U.S. Survey 3218; 3325 Mill Bay Road, Dear Mr. Hatfield: The Kodiak Island Borough Planning and Zoning Commission at their meeting on July 16, 1986, ranted your request for the exception cited above and adopted the following findings of fact in support of their decision: 1. That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A) endanger the public's health, safety or general welfare, (B) be inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the neighborhood. A. It appears that the proposed use will not endanger the public's health, safety or general welfare. The residence will be located within an existing building that was originally designed to accommodate a residential unit. The existing business and residential uses of the property will not change. The addition of one dwelling unit will not substantially increase traffic in the area or detract from the commercial land uses of the site and surrounding area. The addition of a residential unit will also require compliance with building, fire and plumbing codes. B. The proposed use should be consistent with the general purposes and intent of Title 17 and with the specific description and intent of Chapter 17.21, the Business District. The business use present on the property will remain. Exceptions are provided for in Title 17 to allow certain land uses to locate in districts where they are not normally allowed. It is interesting to note that apartments (more than three units) are permitted in the Case No. 11 -014 Application - Page 3 of 14 • Public Hearing Item 7 -A P &Z March 16, 2011 Kodiak Island Borough Doyle Hatfield July 17, 1986 Page Two B -- Business Zoning District and that a single - family residence is permitted through a conditional use permit, but two dwelling units or duplexes are not addressed at all. C. The proposed use does not appear as though it will adversely impact other properties or uses in the area. There is adequate area on the lot for two additional parking spaces and the immediately adjoining lots contain a duplex and a mobile home park. An appeal of this decision may be initiated by any person or party aggrieved by filing a written notice of appeal with the City Clerk within ten days of the date of the Commission's decision. The notice of appeal must -state the specific grounds for the appeal. Therefore, the Commission's decision will not be final and effective until ten days following the decision. Failure to utilize this exception within 12 months after its effective date shall cause its cancellation. Please bring this letter with you if you need to come into our office to obtain. zoning compliance for any construction on your lot. If you have any questions about the action of the Commission, please contact me. Sinc ely, Robert H. ederson, Associate Planner Community Development Department cc: Case File Case No. 11 -014 Application - Page 4 of 14 Public Hearing Item 7 -A P &Z March 16, 2011 N f 5 + //j O�U Pt z /'�rh 1-15 not interfere with safe traffic flow, visibility or off- street parking and because many other walls, fences and the like in Kodiak are located in rights-of-way. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Granting of the variance will not result in damage or prejudice to other properties in the area and will not be detrimental to public health, safety or welfare. The property on the side where the deck is proposed is a cemetery. The applicant has obtained permission from the City of Kodiak to place the wall in the right -of -way and as discussed above, this location will not interfere with safe traffic flow, visibility or access. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance will not be contrary to the objectives of the comprehensive plan which designates this area for residential development. A deck and a landscaping wall will not change the land use or permitted density. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. In this instance, actions of the applicant have not caused the conditions from which relief is being sought by a variance. The variance request will be decided prior to construction of the deck. 6. That the granting of the variance will not permit a prohibited land use in the district involved. A deck on a residential structure is permitted in this land use district. Landscaping is permitted in all land use districts. CHAIRMAN RENNELL recessed the meeting for ten minutes. CHAIRMAN RENNELL reconvened the meeting at 9:28 P.H. F) CASE 86 -054. Request for an exception from Section 17.21.020 (Permitted Uses) of the Borough Code to permit a single- family dwelling unit to locate within an existing business building on a lot that already contains a separate single-family residence. Located in a B-- Business Zoning District on a Portion of Tract C-1, U.S. Survey 3218; 3325 Mill Bay Road. (Doyle Hatfield) BOB PEDERSON indicated 28 public hearing notices were mailed for this case and 1 was returned that addressed the "old yellow house." Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT a request for an exception from Section 17.21.020 of the Borough Code to permit a single- family residence to locate in an existing business building on a lot in the B-- Business Zoning District that already contains separate single - family residential structure, a Portion of Tract G-1, U.S. Survey 3218 and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The motion was seconded and CARRIED by majority roll call vote. Commissioners Knudsen, Rennell and Knight voted "no." P 6 Z MINUTES 11 JULY 16, 1986 Case No. 11 -014 Application - Page 5 0'114 Public Hearing Item 7 -A P&Z March 16, 2011 FINDINGS OF FACT 1. That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A) endanger the public's health, safety or general welfare, (B) be inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the neighborhood. A. It appears that the proposed use will not endanger the public's health, safety or general welfare. The residence will be located within an existing building that was originally designed to accommodate a residential unit. The existing business and residential uses of the property will not change. The addition of one dwelling unit will not substantially increase traffic in the area or detract from the commercial land uses of the site and surrounding area. The addition of a residential unit will also require compliance with building, fire and plumbing codes. B. The proposed use should be consistent with the general purposes and intent of Title 17 and with the specific description and intent of Chapter 17.21, the Business District. The business use present on the property will remain. Exceptions are provided for in Title 17 to allow certain land uses to locate in districts where they are not normally allowed. It is interesting to note that apartments (more than three units) are permitted in the B— Business Zoning District and that a single - family residence is permitted through a conditional use permit, but two dwelling units or duplexes are not addressed at all. C. The proposed use does not appear as though it will adversely impact other properties or uses in the area. There is adequate area on the lot for two additional parking spaces and the immediately adjoining lots contain a duplex and a mobile home park. G) CASE 86 -055. Request for an exception from Section 17.33.020 (Permitted Uses) of the Borough Code to permit a two -story 40 -foot by 70 -foot Boy Scout Lodge containing a caretaker dwelling unit to locate in a PL— Public Use Lands Zoning District. A Portion of Lot 1A, Tract A, U.S. Survey 3465 containing approximately 4 acres and located along the south shore of Island Lake. (BPOE 01772 /Kodiak Island Borough) BOB PEDERSON indicated 59 public hearing notices were mailed for this case and 1 was returned, in favor of this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: EDWARD COE, representing BPOE 01772, appeared before the Commission and expressed support for this request. A discussion ensued amongst the Commissioners and Mr. Coe. Public Hearing Closed. • Regular Session Opened. COMMISSIONER ANDERSON MOVED TO GRANT a request for an exception from Section 17.33.020 of the Borough Coda to permit a two -story • 40 -foot by 70 -foot Boy Scout lodge containing a caretaker dwelling -unit to locate in a PL— Public Use Lands Zoning District on a portion of Lot LA. Tract A, U.S. Survey 3465 and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. P 6 Z MINUTES 12 JULY 16, 1986 - Case No. 11 -014 Application - Page 6 of 14 Public Hearing Item 7 -A dl I III I t ' r s \ 1'"1\ k \ h P x' „ 5, \CV Z - 2 ?. , 9 �,5 e F , \--:‘\ / w\ Z / d �-K N ii 9�5 ci` — \ N os c CS e A 1 \ v V r _ mil 1. \ '� FPOVE G4a<VD \ \ /; ran Mac p C \ "... ■ reu.ry roxy I •- i 0 F c v.: 1'M/K �\ I k \ I ¢_ V l lll W \ O, I \ S cnvK6 R9(d > e \ . .. `\ C \ Y . �� v a \ \ ,\ \ \ ,/ \ ' ' \ \ \ / � •, ..:: \ "\. ...........„ e ` a 42 n S ' el rircrri m � p Fe� � � � I'S rj6 FA Y COI 9 AS - BUILT SURVEY % - c w ^-.t r 11. I hereby e certify that ha. , the following described propectl V a e C � ir / 1 , L to G- . 3 s- c .12/- /c • ° '• ,t2 -•t !lumber ,F,4 -7 Kodia/c B t ay_c_in�c, e'r -.1 a. . x . 5 , 0 D,tsiric t': ' GtU H d ° • and that the improvements situated cherconare within the property lines ; , e••. ae and do not overlap or encroach on the property Iying adjacrn, thereto . oe l,.a no that no tnpro men n p roperty Iying a che ro en as o f1 : °y } e., °rr O at g o e Yi • p the pre s n yue nn and thar rher re n oadway., r ` I , ru ' ° n l I 0 ' n or other dc ibic e•seniems on :aid property a cept as imd ere Ls. 777 ^ P , ° cedh r ® 4 p v ,. t Dated j eon1 , �- - d.y of_rrSC 20 - I.G.BERGEE .. Registered Land Survc -or Sala'. /er = 30 7'e2' Drawn b : S. 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Case Na 1 1-014 Application - Page 10 of 14 Public Hearing Item 7 -A P &Z March 16, 2011 . r w _ .. .e.. _ J i s ..r. t _ — z c e r s �'' _ ; - ripy% III" !mlx.r (� 1 _^ �' ' k 'ter - i. v i f S 1 , _ ^. -. - - ._7- , , ,. _. — -, - ... i t -,. ,- : , A - , 7 y "" �. ' -t , 'z . { ; 8 010 1 7 - 59 ' :._,: 4+ -- 5 .- �. . F t; .'':e r a ...4 '4: .. 4 x ». _ , v f: ,. , fc x._ :. . . 1 Sill y �y /��+ r t sr' �. :lA { 'Y J-. . R 3 I,.'44;:',' : . .i rr b rT_I er y'J�p / �� cam! � A / t �a� . _ =,/ ' v I j W 6 Tit - 0 '. . 'frr t G �' - t {'`,'14 f dr i b„ e ,,..4,,t- 5- ' ,t ' 1, r -1 ,4 ` ..' — '� 7 "r�� ta t �l tf , ' r L ,r ^ ;4;7. "..4... i " #9 v` Case No. 11 -014 Application - Page 11 of 14 Public Hearing Item 7 -A P &Z March 16, 2011 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; 1. Fraternal organizations and private clubs; J. Funeral parlors; 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; — 3 -Palo, I '� ?i . t I 1, ! n U. Museums; Ol_ h, o r c V. Offices; aft 1 : 1 Al i i Case No. 11 -014 Application - Page 12 of 14 Public Hearing Item 7 -A P &Z March 16, 2011 • §17.21.060]. • This page of the Kodiak Island Borough Code is current through Code Publishing Company Ordinance FY2009 -13, passed December 18, 2008. Voice: (206) 527 -6831 Disclaimer: The Borough Clerk's Office has the official version of the Kodiak Fax: (206) 527 -8411 island Borough Code. Users should contact the Borough Clerk's Office for Email: CPC @codepublishing.com ordinances passed subsequent to the ordinance cited above. Borough Website: http: / /www.kodlakak.us/ - Telephone number: (907) 486 -9310 • ail D, Case No. 11 -014 Application - Page 13 of 14 Public Hearing Item 7 -A P &Z March 16, 2011 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486 -9363 February 9, 2011 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, March 16, 2011. The meeting will begin at 6:30 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 - 014 APPLICANT: Bruce & Lila Beehler APPLICANT: K1B Planning & Zoning Commission REQUEST: A Rezone, according to KIBC 17.205.030.B & C (Manner of Initiation), to consider the rezone of Lots D -2, H - I, 1 - 2, G - and G -I, U.S. Survey 3218 from B- Business (Lot G -1), and RRl -Rural Residential One (Lots D -2, H -1, 14-2 and G -2), to R3- Multi family Residential. (This scope of this case was expanded from Lot G -1 by the commission at the January 19, 2011 meeting to include Lots D -2, H -1, H -2 and C -2.) LOCATION: 3241, 3265, 3283, 3303 and 3325 Mill Bay Road ZONING: B- Business (G -1) and RRI -Rural Residential One (D -2, H -1, H -2 and G -2) 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, March 1, 2011 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. One week prior to the regular meeting, on Wednesday, March 9, 2011, a work session will be held at 6:30 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 -014 Public Comment - Page 1 of 8 Public Hearing Item 7 -A P &Z March 16, 2011 Current Location Request a Rezone, according to KIBC 17.205.030.B & C (Manner 3241, 3265, 3283, 3303, of Initiation), to consider the rezone of Lots D -2, H -1, H -2, G -2 and & 3325 Mill Bay Road G -1, U.S. Survey 3218 from B- Business (Lot G -1), and RR1 -Rural P & Z Case 11 -014 Residential One (Lots D -2, H -1, H -2 and G -2), to R3- Multi- family Bruce & Lila Beehler & Residential. (This scope of this case was expanded from Lot G -1 KIB Planning & Zoning by the commission at the January 19, 2011 meeting to include Lots Commission D -2, H -1, H -2 and G -2.) ilg • Mr 11 NEVA WAY F � # t l 41 i pet e .. 0P i 3268 l Pfr AS- � � l I a, 0‘, • 1 f it® 1 , 1, , Irk c: c\Y % % , , Ce o 1 J 0 5 S ' . A 4 9�a Z Q 4 9 �VtJ ® ry A ° pP. a w P E /2J R �J l P ^ "14.34 3 405 el I T 314 ' A ,P USS 1682 s al '� TRACT B C / <e TRACT A -1 � � J 18 -474 • t a" �• co N kit e gP I N T1; - Kodiak Island Borough GIS Legend N r , _.._... 7�' I i Subject Parcels W al Feet .�'� — i ■ 225 , 450 I 9W ® Notification Area S 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 the Kodiak Island Borough IT Department at (907) 486 -9333. Case No. 11 -014 Public Comment - Page 2 of 8 Public Hearing Item 7 -A P8Z March 16, 2011 TIMOTHY ABENA FRANK ABENA III MICHAEL ANDERSON, LLC 3103 MILL BAY RD 590 PLEASANT AVE PO BOX 2310 KODIAK, AK 99615 SANTA ROSA, CA 95403 KODIAK, AK 99615 BRUCE BEEHLER RALPH BORS MELVIN BORTON 3325 MILL BAY RD PO BOX 805 265 NEVA \VAY KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 BRECHAN ENTERPRISES INC RICHARD CARSTENS JUAN J. DOMINGUEZ P.O. BOX 1275 P.O. BOX 2676 520 THORSHEIM ST KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ANDRE \V EATON JAMESEGGEMEYER DEBBRAEGGEMEYER PO BOX 8758 P 0 BOX 965 3689 E. REZANOF DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DUNCAN FIELDS TAMIE FOGLE JOSEPH FRANCISCO PO BOX 25 3251 KATMAI DR 3260 VIEWCREST LN KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 HOPE COTTAGES INC. PATRICIA JACOBSON REVOCABLE TERRY KACALSKI 540 W INTERNATIONAL AIRPORT TRUST PO BOX 2014 RD P 0 BOX 8707 KODIAK, AK 99615 ANCHORAGE, AK 99518-1110 KODIAK, AK 99615 LAWRENCE KEEGAN KODIAK AREA NATIVE ASSOC KODIAK ASSEMBLY OF GOD P.O. BOX 1956 3449 REZANOF DR E P.O. BOX 747 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK ISL HSG AUTHORITY CHRIS KOSTELECKY LETSNOI VILLAGE 3137 MILL BAY RD PO BOX 2383 3248 MILL BAY RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 BRETT LOUNSBURY MAUDEAN MAGNUSON CATHERINE MCCARTHY PO BOX 8947 3181 MILL BAY RD P 0 BOX 957 KODIAK, AK 99615 KODIAK, AK 99615 HOMER, AK 99603 MILL BAY ENTERPRISES, LLC JAMES MORTON RODNEY MURDOCK PO BOX 2183 PO BOX 44 3272 MILL BAY RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 1l - OIL Case No. 11 -014 Public Comment - Page 3 of 8 Public Hearing Item 7 -A P8Z March 16, 2011 RICK OLSON RONALD PAINTER FAMILY TRUST JAMES PEARSON 305 NEVA \VAY 3901 WOODLAND DR 118 \V. HILLCREST ST KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 MICHAEL RASMUSSEN LIVING SEVERIN REED GARY ROBERTS TRUST 3241 MILL BAY RD P.O. BOX 3208 PO BOX 2213 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 MICHAEL SHERMAN JUDITH WATERBURY DEAN WISE PO BOX 67 3373 MELNITSA LANE PO BOX 82 KODIAK, AK 99615 KODAK, AK 99615 KODIAK, AK 99615 PO BOX 8985 KODIAK, AK 99615 Case No. 11 -014 Public Comment - Page 4 of 8 FROM: TO:9P4869396 03/01/2011 09:26:46 #1005 P.001/002 Public Hearing Item 7 -A P8Z March 16, 2011 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907)486.9363 February 9, 2011 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will he held on Wednesday, March 16, 2011. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Ray Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: I 1 -014 APPLICANT: Bruce & Lila Bcchier APPLICANT: KIB Planning & Zoning Commission REQUEST: A Rezone, according 10 KIBC 17.205.030.B & C (Manner of Initiation), to consider the rezone of Lots D -2, H -I, H - 2, 0-2 and O -I. U.S. Survey 3218 from B- Business (Lot CA-1 ), tad RRI -Rural Residential One (Lois 0-2, H -1, H -2 and 0-2), .to R3- Multi- family Residential. (This scope of this case was expanded from Lot GI by the commission at the January 19, 2011 meeting to include Lots D -2, H -I, H -2 and G -2.) LOCATION: 3241, 3265, 3283, 3303 and 3325 Mill Bay Road ZONING: B- Business (G -I) and RRI -Rural Residential One (D -2. H -I, H -2 and 0-2) This notice is being sent to you because our records indicate you are a properly 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 most be received by 5 um, March 1, 2011 to be considered by the commission. If you would like to fax your comments to us, our fax number is: 1907) 486 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. One week nrinr to the recular needing. on Wednesday. Month 9 201 I. a work sresinn will he held nr f.y0 is m in the Kodiak Island Borough Conference Room (812 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. pp qJ Your Name: /f Se v. /feet" Mailing ,tddrecu__ J2 V/ // (7ry ,4 Your property destrription•. tot D" Z 32 47 4f'// 9° td / Commend: - Sr _ N .9 41. 4, - Case No. 11 -014 Public Comment - Page 5 of 8 FROM: TO:9P4869396 03/01/2011 09:27:12 #1005 P.002/002 Public Hearing Item 7 -A P&Z March 16, 2011 Dear P &Z Commission I am opposed to the rezoning of lots D -2, H- 1,14 -2, G -2, to R3 multi- family. 1 am sympathetic with Mr. Beehler's situation and I have no opposition to rezoning just his Lot to R3 or R2. My concern for the rest of the lots mentioned is I do not want to have a developer come in and build a huge apartment complex next door. Better yet two complexes next door after they subdivide. It is my opinion that this sort of development would greatly reduce the resale value of my house. A house I have invested a lot of time and money in. I have lived in this house for 37 years. In that time, I have seen many changes in the neighborhood. My neighbor's house burned down and a storage facility was built in its place All the trees were cut down behind my house and a Trailer rnnrt was built where they once stood. I personally don't' think any of these things have helped the resale value of the houses left on my road and definitely not the view. The existing single - family homes located on the lots in question are the only things left that still make this feel like a neighborhood. I do not think we all should have our lots rezoned because one lot needs to be changed. If I remember correctly Mr. and Mrs. Beehler's lot was once zoned RRI like the rest of lots being discussed. It should not be impossible to rezone it again back to something the Beehlcrs can work with. 1 would like to ask you to put your self in my family's shoes when you discuss this rezoning. Look out the window of you own home and visualize an apartment complex next door. I am sure there is another solution available to help Mr. and Mrs. Beehler while at the same time limiting the development of the neighborhood. Sincerely, Sev, Brandy, Logan, and Kalin Reed 3241 Mill Bay Road Lot D -2 Kodiak, AK 99615 (907) 486 -0868 rHie ECG I �'. PGA Case No. 11 -014 Public Comment - Page 6 of 8 Public Hearing Item 7 -A y \ P&Z March 16, 2011 F -C E �ME , 1 1 1 i KODIAK ISLAND BOROUGH CO UNITY DEVELOPMENT DEPARTMENT U L JAN 21 F J 710 Mill Bay Road, Kodiak, Alaska 99615 ZbI I (907) 486 -9363 t Public Hearing Item 7 -E IUNITY DEVELOPMENT DEPARF' I BLIC HEARING NOTICE A public hearing will be held on Wednesday, January 19, 2011. 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 -014 APPLICANT: Bruce & Lila Beehler REQUEST: A Rezone, according to KIBC 17.205.030.0 (Manner of Initiation), to consider a rezone of Lot G -1, a Portion of U.S. Survey 3218 from B- Business to R3- Multifamily Residential. LOCATION: Lot G -I, Ptn. U.S. Survey 3218, 3325 Mill Bay Road ZONING: B- Business This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments must be received by 5 pm, January 4, 2011 to be considered by the commission. You may fax your comments to (907) 486 - 9396. To testify via telephone, please call in during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, January 12, 201 1 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: s 'AI.4..< .r� //}} 1'q CIS yy Mailing Address: P1t/• IJ4y .S' Your property description: 'C). -Wt( t - ( `J- F 7 Comments: 4- �7i7. �F . 1 p (Pees -Q,si s,1,k LL ,, four.. '�n. \1?c A (trAi - Nr c tS ' -P 64 A 4; 1 trd. tln Sp ��.. •k... se .s 4.. • f:.. i _ . V`Q .... • &V,A t3;d4A., �� QA•b,0,1. \S7ns, Ifs)-• WO... 4_ int • - r. I • 1 t - ..�..' i •... 01 t • MB _ l1 Case No. 11 -014 Public Comment - Page 7 of 8 Public Hearing Item 7 -A P &Z March 16, 2011 REVISED MEMORANDUM Date: March 3, 2011 To: Planning and Zoning Commission From: Community Development Department Subject: Information for the March 16, 2011 Regular Meeting Case: 11 -014 Applicants: KIB Planning & Zoning Commission Bruce & Lila Beehler Request: A Rezone, according to KIBC 17.205.030.A (Manner of Initiation), to consider the rezone of Lots D -2, H -1, H -2, G -2 and G -1, U.S. Survey 3218 from B- Business (Lot G -1), an RR1 -Rural Residential One (Lots D -2, H -1, H -2 and G -2), to R3- Multi- family Residential. (This scope of this case was expanded from Lot G -1 by the commission at the January 19, 2011 meeting to include Lots D- 2, H -1, H -2 and G -2.) Location: 3241, 3265, 3283, 3303, and 3325 Mill Bay Rd. Zoning: B — Business Zoning District. Forty (40) public hearing notices related to this request were mailed on February 11, 2010. Date of site visit: Various 1. Zoning History: The 1968 Comprehensive Plan identified this area as Residential Unclassified. Ordinance 79 -26 -0, August 2, 1979, rezoned the property to B — Business Zoning District. 2. Lot Size: Lot D -2 21,725 square feet (0.50 acres) Lot H1 30,220 square feet (0.69 acres) Lot H2 14,533 square feet (0.33 acres) Lot G2 23,233 square feet (0.53 acres) Lot G1 23,167 square feet (0.53 acres) 3. Existing Land Use: Lot D -2 Single- family Residential Lot H1 Single- family Residential Lot H2 Single- family Residential Lot G2 Two (2) Single- family Dwellings Lot G1 Two (2) Single- family Dwellings Case No. 11 -014 Staff Report - Page 1 of 10 Public Hearing Item 7 -A P&Z March 16, 2011 4. Surrounding Land Use and Zoning: North: United States Survey 3218; Tract V, Tract W Use: Mobile Home Park Zoning: B — Business Zoning District South: United States Survey 3218; Tract E -1A, Tract E -1B1, Tract E -1B2 and Tract E -2A Use: Business Zoning: B — Business Zoning District East: United States Survey 3218 Tract W Use: Mobile Home Park Zoning: B — Business Zoning District West: United States Survey 3218 Lot D -1 Use: Mini - storage Zoning: B- Business Zoning District. 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 identifies the proposed future land use of the proposed rezone area as Rural Residential (Lots D -2, H -1, H -2 and G -2) and Commercial / Business (Lot G- 1). 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. KIBC 17.205.030 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 Case No. 11 -014 Staff Report - Page 2 of 10 Public Hearing Item 7 -A P&Z March 16, 2011 the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change ( emphasis mine). KIBC 17.205.055 Submission to assembly. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment; its action shall be final unless the initiating party, within ten 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 4.4 Enforceable Policies B. Coastal Development Policy B -1: Multiple Use a. Structures or dredged or fill material placed in coastal waters shall be designed to minimize the need for duplicative facilities. Consistency: Not Applicable. The rezone will not involve the placement of structures, dredge or fill material in coastal waters! b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to siting of facilities in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. Consistency: Not Applicable. The rezone location is not adjacent to or within coastal waters! Policy B -3: Dredge and Fill Activities a. An applicant for a project that will place structures or discharge dredge or fill material into coastal waters must include in the project description measures that will limit the extent of direct disturbance to as small an area as possible. Consistency: Not Applicable. The rezone location is not adjacent to or within coastal waters! b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to placement of structures in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. Consistency: Not Applicable. The rezone location is not adjacent to or within coastal waters! C. Natural Hazards Policy C -1: Erosion and Landslides a. Proposed development and resource extraction activities in designated erosion hazard areas shall: 1. Minimize removal of existing vegetative cover, and Case No. 11 -014 Staff Report - Page 3 of 10 Public Hearing Item 7 -A P8Z March 16, 2011 2. Stabilize soils and re- vegetate with native species for areas where development necessitates removal of vegetation, unless re- vegetation activities would cause more damage. Consistency: Not Applicable. The rezone location is not located in a designated erosion hazard area) b. Subsection a applies to areas designated as erosion hazards under 11 AAC 114.250(b) as described in Section 4.5.2. Consistency: Not Applicable. The rezone locationis not located in a steep slope area or identified as within an erosion hazard areal D. Coastal Habitats and Resources Policy D -5: Wind Generation and Bird Habitat a. The applicant shall incorporate measures into the project description regarding the siting of wind generation projects to minimize mortality to birds. These measures shall include, but are not limited to, installation of turbines on the tallest towers practicable for the site, configuration of towers to reduce the likelihood of bird strikes, and use of tubular towers, fully enclosed nacelles or other appropriate technology that has been demonstrated to reduce bird mortality from wind turbines. Consistency: Not Applicable. The rezone does involve a wind generation project? b. This policy applies to uses and activities related to the Energy Facilities Standard 11 AAC 112.230. Consistency: Not Applicable. The proposed rezone does not involve an energy facility? H. Recreation Policy H -1: Protection of Recreation Resources and Uses a. On public lands and waters used for recreation activities within designated recreation areas or on private lands and waters within designated recreation areas where the landowner has granted formal permission for recreational activities, non - recreational projects and activities shall be located, designed, constructed and operated to avoid significant adverse impacts to recreation resources and activities, including access and scenic views unless a comparable alternative recreational opportunity can be provided that would not decrease the quality of the recreation experience in another area. Consistency: Not Applicable. This rezone will not be located on public land) b. Access through water bodies shall be maintained. 1. Fences shall not be constructed across streams, 2. Bridges must be constructed at least four feet above the ordinary high water mark, 3. Structures, other than weirs, shall not impede travel by watercraft along waterways, and 4. Weirs shall be constructed to allow for small boat passage over or around the structures, and warning signs shall be placed at least 25 yards upstream of the weirs. Consistencyy of applicable. The rezone is not located along a water body used for recreation purposes' c. This policy applies to areas designated for recreation under 11 AAC 114.250(c) as described in Section 4.5.1, and it applies to all uses and activities that could affect recreational values described in the resource inventory and analysis. Consistency: applicable. This area is not specifically identified or reserved for recreational use under 11 AAC 114.250(c)) 1. Archaeological and Historic Resources Policy I -1: Consultation and Surveys a. For projects within the historic and prehistoric designation area, the applicant shall submit with the consistency review packet an assessment of potential impacts to historic and prehistoric resources and a Case No. 11 -014 Staff Report - Page 4 of 10 Public Hearing Item 7 -A P&Z March 16, 2011 plan for the protection of those resources. As part of the assessment, the applicant shall consult with the KIB, tribal entities and the Alutiiq Museum. Consistency: Not applicable. The rezone location is not known to be located in an area identified as a historic or prehistoric resource area r b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(i) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. Consistency: Not applicable. The rezone is not located in an area identif as a historic or prehistoric resource areal Policy 1 -2: Resource Protection a. For projects within the historic and prehistoric designation area, if previously undiscovered artifacts or areas of historic, prehistoric or archaeological importance are encountered during development, an artifact curation agreement will be developed between the landowner, appropriate state of federal preservation authorities, and the curation facility if artifacts are discovered on the project site. Consistency: _ Not applicable. The rezone is not located within anundesignated historic or prehistoric area b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(i) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. Consistency: Not applicable. The rezone is not located in an area identified for the study understanding or illustration of history and prehistory under 11 AAC 114.250(i)) K. Mineral Extraction and Processing Policy K -1: Siting of Material Sources a. Sources of sand and gravel shall be authorized in the following priority; 1. Upland sites, including river terraces above historic high water, 2. Areas of low habitat value, including river bars, 3. Streams which do not provide fish habitat, and 4. Other habitats. Consistency: Not Applicable. The project does not involve extraction of sand and gravel resources! b. This policy applies to the sand and gravel standard (11 AAC 112.260). Consistency: Not Applicable. The project does not involve extraction of sand and gravel resources! Case No. 11 -014 Staff Report - Page 5 of 10 Public Hearing Item 7 -A P &Z March 16, 2011 4.5 Designated Areas N/A 4.5.1 Recreation Areas N/A 4.5.2 Natural Hazard Areas N/A 4.5.3 Important Habitat Areas N/A 4.5.4 Historic and Prehistoric Resource Areas N/A 4.5.5 Commercial Fishing and Seafood Processing Facilities N/A 4.5.6 Subsistence Areas N/A 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 ". Staff typically recommends that the commission give due deference to the recommended land uses provided in the comprehensive plan. In this case however, staff sees that there is a recommendation for rural residential land use in this general area which appears to be somewhat inconsistent with the overwhelmingly commercial zoning surrounding this residential enclave. The plan recommends "Rural Residential" use Lots D -2, H -1, H -2 and G -2 and Business /Commercial on Lot G -1. The seemingly inconsistent mixing of rural Case No 11 -014 Staff Report - Page 6 of 10 Public Hearing Item 7 -A P &Z March 16, 2011 residential with commercial may point out one of the limitations of the comprehensive plan as a generalized policy document. The plan does not look at specific parcels (or even small enclaves of isolated zoning) unless specifically addressed at some point during the planning process. A note on the 2008 Comprehensive Plan Future Land Use Map notes that the map is generally based on the 2005 zoning map unless otherwise noted. Rural Residential use along Mill Bay Road would appear to be a legacy zoning designation that harks back to a much earlier time in the development of the community. As the surrounding commercial area continues to develop over time, it would appear that the Rural Residential zoning will continue to become more out of character with the predominantly B- Business zoning context. As expressed in other zoned areas in the City of Kodiak, near downtown and elsewhere along Mill Bay Road it would appear that R3- Multi- family Residential zoning would be a better fit with surrounding B- Business zoning and uses, while allowing existing uses to continue until they are redeveloped. ZONING /USE: The general area is zoned a combination of B- Business and RR1 -Rural Residential One. The five subject parcels are zoned RR1 -Rural Residential One (Lots D -2, H -1, H- 2 and G -2) and B- Business (Lot G -1). The area is a mixture of residential and commercial uses, however the area does not seem to be conducive to higher end commercial uses perhaps due to the topography of the area and the limited area that is on grade with Mill Bay Road. Because the rezone area now comprises five (5) lots there is less of a concern about the prospect of spot zoning wherein one or more lots are provided a set of zoning standards that are substantially out of sync with the surrounding zoning and development. As mentioned in the original staff report for this case, if only one lot in this area were considered for R3- Multi- family Residential zoning a case for spot zoning could easily be made that the granting of said zoning was an arbitrary and capricious exercise of zoning authority to meet the desires of a single lot owner. For that reason, staff recommended and the commission agreed to expand the scope of this rezone investigation. The RR1 -Rural Residential One zoning district is a large lot, low density single - family residential zoning district that is typically intended for suburban and rural areas where municipal water and sewer may not be available. In locations where municipal water and sewer does become available, the zone has a flex provision that allows minimum lot areas down to 20,000 square feet and similarly scaled back lot width and side yard setback requirements. At least two of the lots in the rezone investigation area are currently exceeding the single - family residential density requirements which would be made conforming in the R3- Multi - famkly Residential zoning district. Staff notes that although much of the land around this rezone area is zoned B- Business, a considerable area along the rear of the lots is currently developed for Mobile Home Park (a residential use) which is a conditional use in the B- Business zone. Case No 11 -014 Staff Report - Page 7 of 10 Public Hearing Item 7 -A P82 March 16, 2011 LAND SUITABILITY: The parcels subject to this rezone investigation are topographically constrained in the rear yard area so that only the fronts of these lots are generally on grade with Mill Bay Road. Although structures can be demolished or relocated over time to support commercial use, the existing layout of structures on the site may be a constraint on conversion to a commercial use or even to multi - family residential use due to the limitations imposed on parking availability and maneuvering area. The area is well served by roads and utilities, each lot having direct access to an arterial class street and all lots being served by water, sewer and all manner of electrical and communication utilities. As a result, the lots are well situated to support a higher density of residential or commercial development whether that density is realized by re- subdivision of land or by the development of higher density residential structures on the existing lots. The subject parcels are located fairly close to shopping areas, schools, and another arterial street (Rezanof Drive). RECENT DEVELOPMENT TRENDS IN THE AREA: This area has been zoned a combination of RR1 -Rural Residential One and B- Business for many years. The RR1 zoned lots are all developed with single - family Residential except for Lot G -2 which has a two- family residence. The one B- Business lot is likewise developed with two - family residential according to borough assessing records. The surrounding area is a mixed use commercial area with several office and retail conversions, mini - storage and outdoor storage uses. In addition, as previously alluded to in this report a substantial area surrounding these lots though zoned B- Business is in reality devoted to Mobile Home Park use. TRAFFIC IMPACTS: Uses in the R3- Multi- family Residential zoning district have parking and traffic generation characteristics very similar to uses in the B- Business zone. Staff would not anticipate any major increase in traffic potential from this site as a result of the change of zoning. The proposed change of zoning from RR1 -Rural Residential One is likely to increase the number of average daily trips in the area over time if the area develops as multi - family residential or professional offices over time. This additional traffic can be easily accommodated by the arterial class street which has pedestrian sidewalk/path improvements on both sides, curbs and gutters and an integrated 2 -way left turn lane in the center of the road. COMMENTS Typically R3- Multifamily Residential and B- Business zoned lands are located in close proximity to one another. The B- Business zone permits multi - family residential uses and the R3- Multi- family zone permits a number of commercial /institutional uses. The rezone area contains a number of existing residential uses and structures as well as being in close proximity to a large mobile home park. Case No 11 -014 Staff Report - Page 8 of 10 Public Hearing Item 7 -A P &Z March 16, 2011 The idea of R3- Multi- family Residential may not be universally accepted in this area by all affected property owners who may want to maintain the status quo. From looking at the zoning map and the comprehensive plan map however it is clear that this area has been bypassed during prior zone changes all around it so that the RR1 zoning now appears to be out of place for urban land within the City of Kodiak corporate limits that is well served for access, utilities and close proximity to schools and commercial services. As staff indicated last month, it is difficult to envision the rezoning a single lot to R3 because it would likely be considered a spot zoning. It is equally difficult to envision a decision to rezone some of the lots and not others. These lots share many similar attributes given the nature of the existing residential development and it would be best if all the lots were treated equally in a single zone. Staff believes that best fit would be the R3 zone, but it could also be the B- Business zone or even R1 or R2 zoning would be an improvement over the RR1 zone in this context. As staff has noted, the plan identifies Rural Residential Use for four out of the five lots in the rezone area. To a certain degree this may be explained by a note on the map as follows: "Modified from the Kodiak Urban Area Zoning Map, prepared by the Kodiak Island Borough Community Development Department, 2005." What this means is that unless specific areas were identified for different designations through the planning process, the existing zoning pattern was generally carried over to the future land use map without change. in this case, it appears to be perpetuating a legacy zoning for this area that may be out of place in the largely commercial context within which the lots are now located. RECOMMENDATION Staff recommends that the Commission recommend the rezone of Lots D -2, 11-1, H -2, and 0-2, U.S. Survey 3218, from RR1 -Rural Residential One to R3- Multifamily Residential, and the rezone of Lot G -1, U.S. Survey 3218, from B- Business to R3- Multi- family Residential and to forward that recommendation to the borough assembly for approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend the rezone of Lots D -2, H -1, H -2 and G -2, U.S. Survey 3218, from RR1 -Rural Residential One to R3- Multi- family Residential, and the rezone of Lot G -1, U.S. Survey 3218, from B- Business to R3- Multi- family Residential, and forward this case to the borough assembly with a recommendation for approval, and; To adopt the findings contained in the staff memorandum dated March 3, 2011, as "findings of fact" for this case. Staff recommends that this motion be approved by the commission. Case No 11 -014 Staff Report - Page 9 of 10 Public Hearing Item 7 -A PAZ March 16, 2011 FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The four of five lots in the rezone area is currently zoned RR1 -Rural Residential One which is a large lot low density single - family residential zoning district. This zoning appears to be out of place in the context of being totally surrounded by B- Business zoned land. In addition, the lots are located in the urban area along a developed arterial street with excellent access to utilities, schools and services in the area. The fifth lot is zoned B- Business but developed as residential that is similar to the other lots in the aforementioned RR1 zoning district. The petitioners of this lot have requested the rezone initially, but good zoning practice would discourage the treatment of this one lot to a different set of development standards than any of the surrounding lots currently enjoy. Changing the zoning of these five lots to R3 would not have a major impact on the availability of either the RR1 -Rural Residential On or B- Business zoned land. Generally, multi - family residential is considered a good fit with commercially zoned land as it is an allowed use in some form in all urban commercial zones where municipal water and sewer are available. There may be some concerns about the mixed use nature of the area surrounding the rezone area (B- Business zoned land). On the whole, however, the rezone has more positive attributes than negative, hence the recommendation to make the zoning change from RR1 -Rural Residential One and B- Business to R3- Multi- family Residential. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 2008 Kodiak Island Borough Comprehensive Plan Update recommends this area for Rural Residential for four of the five affected lots. The fifth lot is recommended to remain Commercial /Business. While it is appropriate to give the plan due deference in these matters, it is clear from review that these designations are not fully consistent with the kinds of land uses currently developed in the area and that the plan designation is largely derived from the prior zoning map and the fact that no one was specifically concerned with the zoning of this area at the time the plan was being compiled. Investigation of the rezone indicates a substantially disconnect between the prevailing commercial zoning and development context of the rezone area which can only be remedied by a deviation from the express designations of the comprehensive plan. This, therefore, may be an exceptional situation whereby the due deference accorded the plan must yield to the more practical and realistic considerations pertaining to the rezone area and how this area can be of benefit to the overall community in the light of future development and use potential represented by these five lots. Case No. 11 -014 Staff Report - Page 10 of 10 Kodiak Island Borough, Alaska PROPERTY APPRAISAL INFORMATION 2011 Entities Values PROPERTY 16334 R OWNER ID MCCARTHY CATHERINE 1 100% IMPROVEMENTS 96,800 Legal Description 12613 P O BOX 957 100 100% LAND MARKET + 71.600 USS 3218 LT H -1 MILL BAY RD HOMER, AK 99603 US CITY 100% OWNERSHIP OVER 100% MARKET VALUE = 168,400 100.00% PRODUCTIVITY LOSS - 0 R1452080010 ACRES: .6900 APPRAISED VALUE = 168,400 I 111111111111111M111111111111 HS CAP LOSS - 0 SITUS 3265 MILL BAY RD KODIAK, AK 99615 APPR VAL METHOD: Cost ASSESSED VALUE = 168,400 GE NERAL SKETCH for Improvement #1 (RESIDENTIAL) EXEMPTIONS UTILITIES LAST APPR. TOPOGRAPHY LAST APPR. YR 2007 ROAD ACCESS LAST INSP. DATE as ZONING RR1 NEXT INSP. DATE NEXT REASON PICTURE y; !r REMARKS The property is in overall average to good condition � �• ' ,, � '' tr - �r: for the neighborhood. 0 913 } I N CD BUILDING PERMITS ISSUE DT PERMIT TYPE PERMIT AREA ST PERMIT VAL 08601/1982 RADN 0 A 2,936 .. : Mika I . 11 1 . il ° AL GRANTOR DEED INFO E DT PRICE '' 1 �r.IA l; I: ".l ", 1111 1 ... ' 1 S - ! I) i —on 1 � � I ^ 1 P m 14 • — . x �f _ t %BD: USS 3218 100.00% NBHD:MLBY 100.00% IMPROVEMENT INFORMATION IMPROVEMENT FEATURES .IEETYPE DESCRIPTION MTHD CLASS /SUBCL AREA U PR BUILT EFF YR CORD V DEPR PNYS FCON FUNC COMP ADJ A VALUE Exterior Wall 03 OBAS SASE AREA R 05/ 912.0 140.001 1977 1980 AVE 127,700 70% 100% 103% 100% 100% 0.70 89.400 Interior Finish 02 - M/DAVONood Deck R 05/ 300.0 11.251 0 1990 AVE 3,400 81% 103% 100% 100% 100% 0.81 2.700 Roof Style 01 OWDST Woodstove R 05/ 1.0 3.003.001 0 1990 AVE 3,000 81% 100% 103% 100% 100% 0.81 2,400 Flooring 05 Gr p PRCHCVRDPORCH -AV R 05/ 64.0 45.001 0 1990 AVE 2900 81% 100% 100% 100% 100% 0.81 2.300 Number of Baths 100 1. RES STCD: Al 1,277.0 Homesite: N 131.000 96,800 Heating /Cooling 02 Fireplace WSF1 Appliance SFFG Number of Bedrooms 03 _________0 vv K Ti d = B m SUED: USS 3218 100.00% NBHD:MLBY 100.00% LAND INFORMATION IRR Wells:0 capacity: 0 I RR Acre 0 Oil Wells: ono P N: roB 1. SFR RR1 MBRDRES Cif DESCRIPTION S:LS TART F Al N S 11it METH 30.220.0000 SIOPSS IINR PRICE GROSS 71,600 11 1.00 1.00 A 71.600 NO 0.00 MASS A DJ VAL SRC M KT VAL AC APPI Y A G CI ASH AG TART F AG U NIT PRC AaygL9 3 Al O 30.220.0000 SO 2.37 71,600 1.00 A SFR 71,600 0 D Page 1 of 1 Effective Date of Appraisal: January 1 Date Printed: 01/26/2011 11:54:20AM by ASCLR2 True Automation. Inc. Kodiak Island' Borough, Alaska PROPERTY APPRAISAL INFORMATION 2011 Entities Values PROPERTY 16335 R OWNER ID WISE DEAN KATHY 1 100% IMPROVEMENTS 153,300 Legal Description 19145 PO BOX 82 100 100% LAND MARKET + 44,900 USS 3218 LT H -2 MILL BAY RD KODIAK, AK 99615 US CITY 100% OWNERSHIP OVER 100% MARKET VALUE = 198,200 100.00% PRODUCTIVITY LOSS - 0 R1452080020 ACRES: .3300 APPRAISED VALUE = 198,200 111111111E111111 0111111111111111 HS CAP LOSS - 0 SITUS 3283 MILL BAY RD KODIAK, AK 99615 APPR VAL METHOD: Cost ASSESSED VALUE = 198,200 GENERAL SKETCH for Improvement #1 (RESIDENTIAL) EXEMPTIONS UTILITIES LAST APPR. TOPOGRAPHY LAST APPR. YR 2007 ROAD ACCESS LAST INSP. DATE ZONING RR1 NEXT INSP. DATE 1° ' NEXT REASON tit eAS2 PICTURE • 256 15 t ,4r a • REMARKS The property is in overall average condition for the �^ ,D y � .•, neighborhood. IA ^ 'i T- �• : 4. i. -- 15 . T -.4..-As ms' s"`•' ®_. D n 1 ' 11) J1 m BUILDING PERMITS AS D AS -� - I0UE DT PERMIT TYPE PERMIT AREA ST PERMIT VAL 05706/1983 RADN 0 A 9,599 f y 6 v x d � 1 c 01#01/1971 RREM 0 A 0 ."—"Illiiriiif ( '�" �� , l tni r ha S$L.E DT . PRICE GRANTOR DEED INFO 027/2007 YAKISH WD / 2007 / 557 V m 25 o or S UED: USS 3218 100.00% NBHD:MLBY 100.00% IMPROVEMENT INFORMATION IMPROVEMENT FEATURES IMm I1'PE DESCRIPTION MTHD CLASS /SUBCL AREA UNIT PRICEUNITS BUILT EFF YR COND. VAL DEPR PJ.'I' yam I=CON FIJNC COMP ADJ ADJ VALUti Exterior Wall 1 03 mBAS BASE AREA R 05/ 1,086.0 132.901 1968 1983 AVE 144,300 74% 100% 100% 100% 100% 034 106.800 Interior Finish 1 01 r,CPRCHSoIid WaII P R 05/ 40.0 45.00 1 1985 AVE 1,800 76% 100% 100% 100% 100% 0.76 1,400 Roof Style 1 01 oWOAVGNood Deck R 05/ 804.0 11.001 1990 AVE 8,800 81% 100% 100% 100% 100% 0.81 7,200 Flooring 1 05 — WDST Woodstove R 05/ 1.0 3,000.001 1985 AVE 3.000 76% 100% 100% 100% 100% 0.76 2,300 ° Number of Baths 1 100 ENCL Enclsd Shop/ R 05/ .0 0.00 1985 AVE 5.000 100% 100% 100% 100% 100% 1.00 5,000 Baths 1 02 WBA Wood Balcony R 05/ 128.0 35.001 1985 AVE 4.500 76% 100% 100% 100% 100% 0.76 3,400 Heating/Cooling BANYA BANYA R 05/ .0 0.001 1985 AVE 2.000 76% 100% 100% 100% 100% 0.76 2,000 Fireplace 1 WSF1 BAS2 BASE AREA 2N R / 256.0 132.901 1985 34.000 74% 100% 100% 100% 100% 0.74 25.200 Appliance 1 SFFG 1. RES STCD: Al 2,315.0 Homesile: N 203,400 153,300 Number of Bedrooms 1 03 .__Q vv 00c N Q K n m I a co SUBD: USS 3218' 100.00 %., NBHD:MLBY 100.00% LAND INFORMATION IRR Wells: 0 Capacity: 0 IRR Acres: 0 Oil Wells: 0 a' ` Lk DESCRIPTION C&B TABLE $ HS METH DIMENSIONS UNIT PRICE GROSS VAI HF 6Qj MASS ADJ VAI SRC MKT VAL AG APPI Y AG Cl AS AG TAB! F AG UNIT PRC AG VAL 1. SFR RR1 MBRDRES Al N SO 14,533.0000 SO 3.09 44,900 1.00 1.00 A 44,900 NO 0.00 A 3 SFR 44,900 0 D Page 1 of 1 Effective Date of Appraisal: January 1 Date Printed: 01/26/2011 11:5428AM by ASCLR2 True Automation, Inc. i Kodiak Island•Borough, Alaska PROPERTY APPRAISAL INFORMATION 2011 Entitles Values PROPERTY 16332 R OWNER ID BEEHLER BRUCE LILA 1 100% IMPROVEMENTS 234,100 Legal Description 3549 3325 MILL BAY RD 100 100% LAND MARKET + 60,900 USS 321 B PIN LT 0-1 MILL BAY'RD KODIAK, AK 99615 US CITY 100% OWNERSHIP OVER 100% MARKET VALUE = 295,000 100.00% PRODUCTIVITY LOSS - 0 APPRAISED VALUE = 295,000 R1452070010 ACRES: .5300 111111111111 III1111111111101 HS CAP LOSS - 0 SIMS 3325 MILL BAY RD KODIAK. AK 99615 APPR VAL METHOD: Cost ASSESSED VALUE = 295,000 GENERAL SKETCH for Improvement #1 (RESIDENTIAL) EXEMPTIONS UTILITIES LAST APPR. TOPOGRAPHY LAST APPR. YR 2007 ROAD ACCESS LAST INSP. DATE n± i ZONING BUS NEXT INSP. DATE NEXT REASON u y . PICTURE AB 192 Sul 1Y (-- - - - _ 21Y 1 REMARKS The two story house is in average condition for the 2 - neighborhood, the single story residence is in average to fair condition for the neighborhood.. 12 u 12 i. ?•..2,- o ... 0) BUILDING PERMITS ,7 ' IS DT PERMIT TYPE PERMIT AREA ST PERMIT VAL ♦ fl. BIG -A 32 Xr _ SC1ZYSi. 1 1 2192 SBLE DT PRICE GRANTOR DEED INFO �" { HATFIHATFIELD WD/2003/2249 12 u ; 4 "— 'T� - � 4 � p . 7 12 a K I. S BD:. USS 3218 100.00% NBHD:MLBY 100.00% IMPROVEMENT INFORMATION IMPROVEMENT FEATURES Irla1TYPE DESCRIPTION MTHD CLASS/SUBCL AREA UNIT PRICEUNITS BUILT EFF YR COND. VALUE DEER PHYS ECON FUNC COMP ADJ ADJ VALUE Exterior Wall 03 -to BAS BASE AREA R 051 2,192.0 114.041 1987 1987 AVE 250,000 78% 100% 80% 90% 80% 0.45 112,300 Interior Finish 01 r. BIG -A B/I GARAGE A R 05/ 2,192.0 44.79 1 1987 1987 AVE 98,200 78% 100% 80% 90% 80% 0.45 44,100 Roof Style 01 oWBA ORIG CODE: W R 05/ 500.0 27.501 0 1987 AVE 13800 78% 100% 80% 90% 80% 0.45 6.200 Flooring 04 1 mRES STCD: Al 4,864.0 Homesite: N 362,000 162,600 Number of Baths 200 LARGER HOME DETACHED DUPLEX WHICH IS MODIFIED MBH. MEETS ZONING IF LOWER LEVEL OF MAIN HOME IS USED AS COMMERCIAL PER ORIG BLDG PERMIT. Heating /Cooling 02 LOWER LEVEL PARTIALLY FINISHED WITHOUT PERMIT. ECONOMIC IS ADJUST FOR LACK OF FINANCIABILfTY DUE TO ZONING COMPLIANCE. _ Appliance SFAG Number of Bedrooms 04 ________Q vv po c N Q 5) n rs 2 3 m r2 SUED: USS 3218 100.00% NBHD:MLBY 100.00% LAND INFORMATION IRR Wells: 0 Capacity:0 IRR Acres: 0 Oil Wells: 0 - °'t° _ 1,* DESCRIPTION as: TABI F HS METH DIMENSIONS UNIT PRICE GROSS VALUE POJ MASS AOJ VAI SRC MKT VAL AG APPLY AG CLASS AG TABLE AG 11NIT PR AG VALI. r 1. SMA BUS MBRORES Al N SO 23,167.0000 SO 2.63 60,900 1.00 1.00 A 60,900 NO 0.00 St 3 9999 60,900 0 D Page 1 of 2 Effective Date of Appraisal: January 1 Date Printed: 01/26/2011 11:54:36AM by ASCLR2 True Automation, Inc. • Kodiak'Island Borough, Alaska _ PROPERTY APPRAISAL INFORMATION 2011 Entities Values PROPERTY 16333 R J OWNER ID MORTON JAMES 1 100% IMPROVEMENTS 177.000 Legal Description 13177 PO BOX 44 100 100% LAND MARKET + 61,100 USS 3218 PTN LT G-2 MILL BAY RD KODIAK, AK 99615 US CITY 100% OWNERSHIP OVER 100% MARKET VALUE = 238,100 100.00% PRODUCTIVITY LOSS - 0 APPRAISED VALUE = 238,100 R1452070020 ACRES: .5300 111111111111111111111 NH HS CAP LOSS - 0 SITUS 3303 MILL BAY RD KODIAK, AK 99615 APPR VAL METHOD: Cost ASSESSED VALUE = 238,100 GENERAL SKETCH for Improvement #1 (RESIDENTIAL) EXEMPTIONS UTILITIES LAST APPR. TOPOGRAPHY LAST APPR. YR 2007 ROAD ACCESS LAST INSP. DATE M ZONING RR1 NEXT INSP. DATE DETC -A NEXT REASON 6 00 PICTURE REMARKS The property is in overall average to good condition �: w - ;;' l 11 for the neighborhood. 2 4 r 4 0 r r . i uASZ = a1 i 1255 . CRPI O u 4n t r + - . _ . \�. : : f CD BUILDING PERMITS ; I ISRUE DT PERMIT TYPE PERMIT AREA ST PERMIT VAL .. ®1 vi 01///10/1990 RRPR 0 A 3,450 10104/1976 RADN 0 A 10,000 2 1s a S$LE DT PRICE GRANTOR DEED INFO BAR 7 v � , ` D KAMAI JR. WD120041 .... 9 - -... 12 -z9 / 1J '' SUED: USS 3218 100.00% NBHD:MLBY 100.00% IMPROVEMENT INFORMATION IMPROVEMENT FEATURES I#?E DESCRIPTION MTHO CLASS /SUBCL AREA UNIT PRICFI INIT$ BUILT EFF YR COND. VALISE DEPR PHYS ECON FUNC COMP ADJ ADJ VALUE Exterior Wall 2 03 io BAS BASE AREA R 05/ 1,255.0 112.451 1963 1979 AVE 141,100 69% 100% 80% 100% 100% 0.55 77,900 Interior Finish 2 01 e.CRPT CARPORT R 05/ 437.0 27.421 1963 1990 AVE 2.500 81% 100% 80% 100% 100% 0.65 2,500 Roof Style 2 01 DWDST Wocdstove R 05/ 1.0 3,000.001 0 1990 AVE 3.000 81% 100% 80% 100% 100% 0.65 1,900 Flooring 2 04 VETG- Detached She R 05/ 600.0 50.001 1965 1980 AVE 30,000 70% 100% 80% 100% 100% 0.56 16.800 Number of Baths 2 250 o 'BA52 BASE AREA 2N R '1 1,255.0 112.451 0 1985 1411100 69% 100% 80% 100% 100% 0.55 77.900 Heating/Cooling 2 50 02 1. RES STCD: Al 3,548.0 Homesite: N 317,700 177,000. Fireplace 2 WSAI Appliance 2 DPAG Number of Bedrooms 2 06 _.a -a -0 Q. c N Cr D m = a ID s SUED: USS 3218 100.00% NBHD:MLBY 10000% LAND INFORMATION iRR Wells: 0 Capacity: 0 IRR Acres: 0 Oil Wells: 0 o CO L# DESCRIPTION Cl. TABLE SS U$ METH DIMENSIONS UNIT PRICE GROSS VALUE A MASS ADJ VAL SRC MKT VAL AO APPLY AG CLASS AG TABLE AG UNIT PRC AG V -$ 1. SMA RR1 MBRDRES Al N SO 23.233.000050 2.63 61,100 1.00 1.00 A 61,100 NO 0.00 § 3 S/M ` 61,100 0 Page 1 of 1 Effective Date of Appraisal: January 1 Date Printed: 01/26/2011 11:54:51AM by ASCLR2 True Automation, Inc. Kodiak island' Borough, Alaska PROPERTY APPRAISAL INFORMATION 2011 Entitles Values PROPERTY 16325 R OWNER ID REED SEVERIN 1 100% IMPROVEMENTS 155,100 Legal Description 15439 3241 MILL BAY RD 100 100% LAND MARKET + 58,400 USS 3218 TR D -2 MILL BAY RD KODIAK, AK 99615 US Cr1Y 100% OWNERSHIP OVER 100% MARKET VALUE = 213,500 100.00% PRODUCTIVITY LOSS - 0 APPRAISED VALUE = 213,500 R1452040020 ACRES: .5000 IIIIIII IIIII IIIII IIVIIIIII III I1I HS CAP LOSS - 0 SITUS 3241 MILL BAY RD KODIAK, AK 99615 APPR VAL METHOD: Cost ASSESSED VALUE = 213,500 _ GENERA L SKETCH for Improvement #1 (RESIDENTIAL) EXEMPTIONS UTILITIES LAST APPR. TOPOGRAPHY LAST APPR. YR 2007 ROAD ACCESS LAST INSP. DATE 02/12/2002 ZONING RR1 NEXT INSP. DATE 2s NEXT REASON 3 .BA . PICTURE 12 o23 45 ' �:.�..a r'>' 4 •`." REMARKS UPDATE T ;(; '. ' Y'S a F " - L f � ' b +r r 8155 �.� fit ( k 1 II35 4� q l � , t" - w ry s ® S +l BSM 5 I rLEOht T --3-7 :s \`r • rti to BUILDING PERMITS e ase I I � '�q rn 16 I UE DT PERMIT TYPE PERMIT AREA ST PERMIT VAL '° 00105/2007 DEMO 0 A 0 n 06f05/2007 RRPR 0 15 5,398 It 576 1 o ma 1 � - o S &E DT PRICE GRANTOR DEED INFO ° 1 .2 a 15 '' ,- * T - -oo Z 2.1 .�F ~Y � - 5'6x m z .te is 'c' ice * ` ° ' g 1� a a SUE " D: USS 3218 100.00% NBHD:MLBY 100.00% IMPROVEMENT INFORMATION IMPROVEMENT FEATURES • hI R YYC DESCRIPTION MTHD CLASS /SIIBCL AREA UNIT PRICEUNITS ¢UILZ F.FF YR COND, VALUE DEPR PHYS ECON FUNC COMP ADJ VALUE Exterior Wall 03 oBAS BASE AREA R 04/ 1,155.0 128.63 1965 100% 100% 100% 100% 100% 1.00 Interior Finish 01 crKWP KNEE WALL PO R 04/ 56.0 0.00 1965 100% 100% 100% 100% 100% 1.00 Roof Style 01 oWBA ORIG CODE: W R 041 552.0 0.00 1965 100% 100% 100% 100% 100% 1.00 Flooring 04 ^BSM BASEMENT R 04/ 975.0 0.00 1965 100% 100% 100% 100% 100% 1.00 Baths 200 B Number of a ° bETG DETACHED GAR R 04/ 864.0 0.00 1965 100% 100% 100% 100% 100% 1.00 Nu /o B 02 CARPT CARPORT R 04/ 288.0 0.00 1965 100% 100% 100% 100% 100% 1.00 Heating /Cooling WBA Wood Balcony R 04/ .0 0.00 0 100% 100% 100% 100% 100% 1.00 Fireplace WSA1 WOST Woodstove R 04/ .0 0.00 0 100% 100% 100% 100% 100% 1.00 Appliance SFAG WDSTRWood Stairs R 04/ .0 0.00 0 100% 100% 100% 100% 100% 1.00 Number of Bedrooms 03 SWP Solid Wall P R 04/ .0 0.00 0 100% 100% 100% 100% 100% 1.00 1. RES STCD: Al 3,890.0 Homesite: N 155,100 (Flat Values) 0 0O Er " m m = n m SUED: USS 3218 100.00% NBHD:MLBY 100.00% LAND INFORMATION IRR Wells: 0 Capacity: 0 IRR Acres: 0 Oil Wells: 0 O `o L4 DELCRIPTION CLS TABLE SC H5 METH DIMENSIONS UNIT PRICE GROSS VALUE ADJ MASS ADJ VAL SRC MKT VAI AG APPLY AG CLASS AG TABLE AG UNIT PRC 8..gyAL m 1. SFR RR1 MBRORES Al N SO 21,725.0000SQ 2.69 58,400 1.00 1.00 A 58,400 NO 0.00 ft 2 SFR 58,400 0 D Page 1 of 1 Effective Date of Appraisal: January 1 Date Printed: 01/26/2011 11:55:06AM by ASCLR2 Two Automation, Inc. 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'b;, \ k -f ,� t + � ,i ._ s �.'` t ~ .. muifib ' eke' :elik-.;;;1..1;r4,4*11.. s MILL . w a V < $ p�� a : - ° w; `�e 4011.1 \ S � -l__. _ c a `�I 4 0 0gr L° ' - "4`c � can MONASHKA ,�„ 3 V .._ �, , .,. . tir tr ,. . .'*."4610:41.11:* • � e M e a t A A aAll �- 0 ✓ i w .at ) _ fre Kodiak Island Borough - Kodiak Urban Area: Proposed Future Land Use Q Commerciat/Business Q Public Facilities/Ownership Conservation Q Rural Residential O Future Special Planning Area Urban Residential g Q Industrial /Light Industrial 1/ '1 Watershed 9 x Q Open Space /Recreation ° Kodia I sland' moan ' � I� map, prepared the Kodiak Island Borough from the Kodiak Urb Area rou - B R 0 U G H ' °- --^^'� el rou y ...n.. w.. un °-•°^- Community Development Department, 2005 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION MINUTES March 16, 2011 6:30 p.m. in the Assembly Chambers CALL TO ORDER CHAIR TORRES called to order the March 16, 2011 regular meeting of the Planning and Zoning Commission at 6:34 p.m. PLEDGE OF ALLEGIANCE CHAIR TORRES led the pledge of allegiance. ROLL CALL Commissioners present were Dave King, Brent Watkins, Casey Janz, Bill Kersch, Alan Torres, Jay Baldwin, and Alan Schmitt. A quorum was established. Community Development Department staff present was Bud Cassidy, Director and Sheila Smith, Secretary. APPROVAL OF AGENDA COMMISSIONER JANZ MOVED to approve the March 16, 2011 Planning & Zoning Commission agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER JANZ MOVED to approve the February 16, 2011 Planning & Zoning Commission minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments and appearance requests. PUBLIC HEARINGS A) Case 11 -014. Request a Rezone, according to KIBC 17.205.030.B & C (Manner of Initiation), to consider the rezone of Lots D -2, H -1, H -2, G -2 and G -1, U.S. Survey 3218 from B- Business (Lot G -1), and RR1 -Rural Residential One (Lots D -2, H -1, H -2 and G -2), 14 R3- Multi- family Residential. (The scope of this case was expanded from Lot G -1 by the commission at the January 19, 2011 meeting to include Lots D -2, H -1, H -2 and G -2.) The applicants are Bruce & Lila Beehler. The location is 3241, 3265, 3283, 3303 and 3325 Mill Bay Road, and the zoning is B- Business (G -1) and RR1 -Rural Residential One (D -2, H -1, H -2, and G -2.) Cassidy reported the commission postponed this case last month and moved to enlarge the rezone area due to concern about spot zoning. RR1 is a rural residential district and probably inappropriate on Mill Bay Road. R3- Multifamily Residential zoning makes more sense than Business because of topography concerns that exists on the backs of those lots. These folks that live there will be grandfathered in their current nonconforming use so they can exist as is. 3/16/2011 P &Z Minutes Page 1 of 8 Forty public hearing notices were sent out with 2 returned; one in favor of the rezone and one opposing. COMMISSIONER KING MOVED to recommend the rezone of Lots D -2, H -1, H -2 and G -2, U.S. Survey 3218, from RR1 -Rural Residential One to R3- Multi - family Residential, and the rezone of Lot G -1, U.S. Survey 3218, from B- Business to R3- Multi- family Residential, and forward this case to the borough assembly with a recommendation for approval, and; To adopt the findings contained in the staff memorandum dated March 3, 2011, as "findings of fact" for this case. Close regular meeting & open public hearing: There was no public testimony. FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The four of five lots in the rezone area is currently zoned RR1 -Rural Residential One which is a large lot low density single - family residential zoning district. This zoning appears to be out of place in the context of being totally surrounded by B- Business zoned land. In addition, the lots are located in the urban area along a developed arterial street with excellent access to utilities, schools and services in the area. The fifth lot is zoned B- Business but developed as residential that is similar to the other lots in the aforementioned RR1 zoning district. The petitioners of this lot have requested the rezone initially, but good zoning practice would discourage the treatment of this one lot to a different set of development standards than any of the surrounding lots currently enjoy. Changing the zoning of these five lots to R3 would not have a major impact on the availability of either the RR1 -Rural Residential One or B- Business zoned land. Generally, multi - family residential is considered a good fit with commercially zoned land as it is an allowed use in some form in all urban commercial zones where municipal water and sewer are available. There may be some concerns about the mixed use nature of the area surrounding the rezone area (B- Business zoned land). On the whole, however, the rezone has more positive attributes than negative, hence the recommendation to make the zoning change from RR1 -Rural Residential One and B- Business to R3- Multi- family Residential. 17.72.020 B. Findin • s as to the Effect a Chan • e or Amendm • nt would have on the Objectives of the Comprehensive Plan. The 2008 Kodiak Island Borough Comprehensive Plan Update recommends this area for Rural Residential for four of the five affected lots. The fifth lot is recommended to remain Commercial /Business. While it is appropriate to give the plan due deference in these matters, it is clear from review that these designations are not fully consistent with the kinds of land uses currently developed in the area and that the plan designation is largely derived from the prior zoning map and the fact that no one was specifically concerned with the zoning of this area at the time the plan was being compiled. Investigation of the rezone indicates a substantial disconnect between the prevailing commercial zoning and development context of the rezone area which can only be remedied by a deviation from the express designations of the comprehensive plan. This, therefore, may be an exceptional situation whereby the due deference accorded the plan must yield to the more practical and realistic considerations pertaining to the rezone area and how this area can be of benefit to the overall community in the light of future development and use potential represented by these five lots. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY 3/16/2011 P &Z Minutes Page 2 of 8 KODIAK ISLAND BOROUGH AGENDA STATEMENT APRIL 21, 2011 REGULAR MEETING ITEM NO: 13.B.1 TITLE: Resolution No. FY2011 -25 Authorizing the Borough Manager to Enter Into a Land Use License With the State of Alaska Allowing the Department of Fish and Game to Use a Portion of Tract B -1A U.S. Survey 4947 and Entering into a Lease Agreement Upon Recording of a Plat. SUMMARY: Kodiak Island Borough Code section 18.20.030 stipulates that, after review and recommendation by the Planning and Zoning Commission, disposals of borough land not subject to approval by ordinance are subject to approval by assembly reslolution specifying terms and conditions upon which the disposal will be offered. KIBC 18.20.170 defines "disposal" as ... "any transfer of real property...," and further defines a "leasehold interest" as real property. This lease will be a disposal at less than fair market value to a qualifying government agency as specified in KIBC 10.20.100.8 allowing the use of the land for a public purpose beneficial to the Borough. Terms of the lease will be one dollar ($1.00) per year for fifty -five (55) years renewable. The license, for a term of not longer than eighteen (18) months, will allow the State to initiate preconstruction activity and proceed with construction while preliminary plat review culminating in the creation a new lot defining the lease area is in process. At the time that the plat creating that lot is recorded, the License Agreement will extinguish and the Land Lease become effective. Plat 2010 -8 created Tract B -1A by consolidating Borough property on Near Island with unsurveyed adjacent City of Kodiak property (2.6 acres) specifically transferred to the Borough by Ctiy Resolution No. 09 -06 for the purpose of construction of the ADF &G office and laboratory facilty. Following P &Z recommendation (Case 11 -019), the Assembly adopted Ordinance No. 2011 -13 at the April 7, 2011 meeting rezoning this 2.6 acres portion from C- Conservation to PL- Public Use Land to accommodate the development. The detailed site plan (Case 11 -022) was approved by the Commission at the March 16, 2011 meeting, and this disposal of borough land (Case 11 -021) will be recommended by the P &Z Commission for Assembly approval at the April 20, 2011 Commission meeting. APPROVAL FOR AGENDA: - f -: /� RECOMMENDED MOTION: Move to Adopt Resolution No. FY2011 -25. 1 Introduced by: Borough Manager 2 Requested by: KIB Assembly 3 Drafted by: Borough Attorney Introduced on: April 21, 2011 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY 2011 -25 8 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 10 AUTHORIZING THE BOROUGH MANAGER TO ENTER INTO A LAND USE LICENSE 11 WITH THE STATE OF ALASKA ALLOWING THE DEPARTMENT OF FISH AND GAME 12 TO USE A PORTION OF TRACT B -1A U.S. SURVEY 4947 AND ENTERING INTO A 13 LEASE AGREEMENT UPON RECORDING OF A PLAT 14 15 WHEREAS, the Kodiak Island Borough has been working with the Alaska Department of 16 Fish and Game (ADF &G), as well as the City of Kodiak and other State agencies, toward 17 development of a new research and administration building on Near Island, adjacent to the 18 federal Kodiak Fisheries Research Center; and 19 20 WHEREAS, the City of Kodiak conveyed land to the Kodiak Island Borough (City 21 Resolution No. 09 -06), at no cost to the Borough, to be utilized for a fisheries research and 22 administration facility; and 23 24 WHEREAS, a new ADF &G research and administration building is intended to compliment 25 and expand upon the existing Kodiak Fisheries Research Center, currently occupied by the 26 University of Alaska, NOAA Marine Fisheries, and ADF &G; and 27 28 WHEREAS, State funding is procured for the construction and lease of the project; and 29 30 WHEREAS, the Kodiak Island Borough Planning and Zoning Commission recommended 31 rezoning the property to Public Use from Conservation and, following a public hearing, the 32 Borough Assembly adopted ordinance No. FY2011 -13 rezoning the land to PL- Public Use 33 Zoning; and 34 35 WHEREAS, the fisheries resources and the fisheries industry are important to the citizens 36 of the Kodiak Island Borough; and 37 38 WHEREAS, the land previously owned by the Borough as well as the land acquired from 39 the City of Kodiak are now zoned public use lands allowing offices for local, state, and 40 federal governments; and 41 42 WHEREAS, use of the land by means of a temporary license and long term lease by 43 ADF &G will continue the concept of a multi- agency research campus on Near Island; and 44 45 WHEREAS, the license and lease to ADF &G are consistent with the objectives of the 46 Kodiak Island Borough's 2008 Comprehensive Plan. 47 Kodiak Island Borough Resolution No. FY2011 -25 Page 1 of 2 48 NOW, THEREFORE BE IT RESOLVED, BY THE ASSEMBLY OF THE KODIAK ISLAND 49 BOROUGH that 50 51 Section 1. The Borough Manager is authorized to execute and deliver on behalf of the 52 Kodiak Island Borough a License Agreement and Land Lease to be entered into between 53 the Borough and the State of Alaska, in substantially the form as presented at this meeting. 54 In accordance with the terms of the agreements, the License Agreement is temporary and 55 will terminate upon recording of a plat to be developed in accordance with Borough 56 ordinances, and the Borough Manager will then be authorized to execute and deliver the 57 Land Lease. 58 59 Section 2. Based upon the above recitals, which are incorporated herein by reference, we 60 find that a license and lease to the State of Alaska, under the terms of the agreements 61 presented at this meeting, will allow the use of the land for public purpose beneficial to the 62 Borough, and that the transfer of Borough land by lease to the State of Alaska for less than 63 fair market value is hereby approved pursuant to Section 18.20.100.B of the Borough Code 64 of Ordinances. 65 66 Section 3. This resolution shall be effective immediately upon adoption. 67 68 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 69 THIS DAY OF 2011 70 71 KODIAK ISLAND BOROUGH 72 73 74 75 ATTEST: Jerome M. Selby, Borough Mayor 76 77 78 79 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2011 -25 Page 2 of 2 LICENSE AGREEMENT FOR USE OF KODIAK ISLAND BOROUGH PROPERTY THIS LICENSE AGREEMENT, effective the day of , 20 , is made and entered into by and between the Kodiak Island Borough, a municipal corporation, organized and existing under the laws of the State of Alaska, whose address is 710 Mill Bay Road, Alaska 99615 -6340, hereinafter referred to as "Borough" and the State of Alaska Department of Fish and Game, whose address is P.O. Box 1 1 5526, Juneau, Alaska 99811-5526, hereinafter referred to as "Licensee "; 1. Premises. Borough hereby grants to Licensee a license to occupy and use, subject to all of the terms and conditions hereinafter stated, a portion of the following- described premises as further identified on a drawing attached hereto as Exhibits "A -1" and "A -2 ": Tract B -1 A, U.S. Survey 4947, Plat 2010 -8, recorded in the records of the Kodiak Recording District, Third Judicial District, State of Alaska. 2. Purpose. The purpose of this license agreement is to allow the Licensee use of the above described land to construct a research and administration facility until Licensee records an approved plat delineating the premises. The parties agree to the terms of the Land Lease attached hereto as Exhibit `B." Upon recording the plat, this License Agreement shall terminate and the Land Lease shall become effective. 3. Use. The premises may be occupied and used by Licensee solely for the purpose of constructing, maintaining and operating a building for research, administration and related purposes. 4. Term. The term of this License Agreement shall begin on , 2011 and continue for 18 months unless earlier terminated. The use of the land granted to Licensee is temporary. 5. Consideration. In consideration for license, Licensee shall comply with all Lessee covenants and obligations described in the Lease Agreement. Such covenants and obligations are incorporated herein by reference and are in effect for the term of this License Agreement. Licensee shall keep its operations in good order, and shall maintain clear public access to the surrounding area. 6. Installations. The building to be placed upon the above - described land shall be constructed in accordance with all required building codes. The building will be the property of Licensee and may be removed therefrom by Licensee at any time provided that Licensee shall not damage or impair the Borough's property while installing or removing Licensee's equipment or improvements. All work related to the building shall be accomplished by Licensee at its sole cost and expense and in such a manner as will, at all times, enable Borough and members of the general public reasonable access to the areas generally used by the public. Page I of 3 \ \dove\Departments\MA \U- Manager \U -State of Alaska \ADFG \Near Island License Agreement(2).docx 7. Liability and Indemnity. Borough makes no representations regarding the suitability of the site for Licensee's intended use. Except and to the extent solely caused by Borough's own negligence or intentional misconduct, Borough shall not be liable for damages to property or injuries to persons, including death, arising from the construction, operation, maintenance, removal or activity of Licensee, its principals, officers, employers, associates, agents, representatives, successors, heirs or assigns, licensees or invitees. The Licensee assumes responsibility for any negligent acts of its officers and employees, in the scope of employment, incident to this License Agreement. Any requirement for the payment or obligation of funds by the Licensee shall be subject to the availability of appropriated fiends. By acceptance hereof, the Licensee assumes full responsibility for the activities, equipment, and personnel incident to this License Agreement. 8. License. This license is personal to the Licensee, and is not assignable. IN WITNESS WHEREOF, the parties hereto have executed this document by and through their duly authorized officials. KODIAK ISLAND BOROUGH, ALASKA STATE OF ALASKA Department of Fish and Game Rick L. Gifford, Borough Manager John White, Procurement Officer ATTEST: Nova Javier, CMC, Borough Clerk (Borough Seal) Page 2 of 3 \\ dove \Departments \MA \U - Manager \U -State of Alaska\ADFG \Near Island License Agreement(2).docx STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2011, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Rick L. Gifford, known to me and to me known to be the Borough Manager for the Kodiak Island Borough, Alaska, and authorized to execute documents on behalf , and is the individual named in and who executed the foregoing document on behalf of the Kodiak Island Borough for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year hereinabove written. Notary Public in and for Alaska My commission expires: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 2011, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared , known to me and to me known to be the , and authorized to execute documents on its behalf, and is the individual named in and who executed the foregoing document on behalf of the State of Alaska Department of Fish and Game for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year hereinabove written. Notary Public in and for Alaska My commission expires: Page 3 of 3 \\ dove \Departments\MA \U - Manager \U -State of Alaska \ADFG \Near Island License Agreement(2).docx y OF T y� ��17i , LAND LEASE 4,0 -- BETWEEN THE iritittur STATE OF ALASKA DEPARTMENT OF FISH AND GAME Op AL ASY AND KODIAK ISLAND BOROUGH This Lease is made and entered into this day of , 2011, by and between Kodiak Island Borough, whose mailing address is 710 Mill Bay Road, Kodiak, Alaska 99615 -6340, hereinafter referred to as Lessor, and the State of Alaska, Department of Fish and Game, whose mailing address is P.O. Box 115526, Juneau, Alaska, 99811-5526, hereinafter referred to as Lessee. The parties agree as follows: Premises Leased: 1. Lessor and Lessee enter into this Land Lease Agreement ( "Lease ") for the rent and upon the terms and conditions set out. Lessor does lease to Lessee, and Lessee does lease from Lessor, the land described as: [PLAT IS NEEDED] [A southwesterly portion of Tract B -lA, US Survey 4947 (Plat #2010 -8) in the Kodiak recording District, Kodiak, Alaska. This site will consist of approximately 2 -4 acres, to be described by recorded plat consistent with the standards of Kodiak Island Borough Code Title 16.] 2. The Premises are approximately depicted in Exhibit "A -1" and "A -2" attached to the LICENSE AGREEMENT, which are attached to and made a part of this Lease. Page 1 of 11 Covenants to Perform: 3. This Lease is made upon the above and the following terms and conditions, each of which the party bound by such covenants and conditions agrees to perform, irrespective of whether the particular provision is in the form of a covenant, an agreement, a condition, a direction, or otherwise, and each party agrees to provide the other party with documents or further assurances as may be required to carry out the expressed intentions. Lessor's Representations: 4. Lessor represents and warrants that Lessor, alone, has the right, power, and authority to make and enter into this Lease. Lessor represents and warrants that, at the date of this Lease, there are no restrictions, covenants, easements, rights - of -way, or uses which would prevent Lessee from building an office /laboratory building on the Premises. Rent and Term: 5. This lease shall be for a term of fifty -five (55) years commencing on the day of , 2011, and ending on the day of , 2066. A rent of $1.00 per year, will be made payable in advance commencing on the of , 2011. 6. The payment of rent by Lessee is subject to the availability of appropriations for the purpose of this Lease. These appropriations are authorized by the Legislature of the State of Alaska and this Lease may be terminated by Lessee due to lack of such appropriation by giving Lessor not less than thirty (30) days notice in writing. Terms and Conditions: 7. Lessee has the right to use the surface estate of the Premises for the construction, utilization, and operation of an research laboratory and administration building ( "Facility"). Page 2 of 11 8. The cost of any construction, reconstruction, demolition, or of any changes, alternations or improvements, shall be borne and paid for by Lessee. The Premises shall at all times be kept free of mechanic's and materialmen's liens. 9. Lessee may neither assign nor sublet, either by grant or implication, the whole or any part of the Premises, or use for a purpose other than indicated in Section 7 without the written consent of Lessor, provided that such consent shall not be unreasonably withheld by Lessor if the assignee or sublessee agrees to use the Premises for the same or similar purpose as Lessee, and agrees to such further conditions that are reasonable or necessary for entities that are not instrumentalities of the State of Alaska. Lessee shall: 10. Use and occupy the Premises in a lawful and proper manner in conformance with all federal, state and local laws and regulations including provisions of K1B code dealing with Buildings (Title 15), Platting (Title 16), Zoning (Title 17), and Real Property (Title 18), and will maintain the facility at its own expense throughout the life of the Lease; 11. Be responsible for and pay all utility and services bills which may arise with respect to the Premises during the term of this Lease, including but not limited to water, sewer, electric, refuse disposal, snow removal and landscaping within the Premises as well as an allocated portion of snow removal on the access road (Research Court); and 12. Timely pay any applicable local property taxes. The State of Alaska is exempt from local property taxes. Ingress /Egress: 13. Lessor covenants and agrees that ingress /egress to the Premises shall be guaranteed across a portion of Tract A, U.S Survey 4947 (the road known as Research Court) as delineated in the Easement Agreement between the University of Alaska and the Kodiak Island Borough, recorded in Book 0163, Page 775 through 779, Kodiak Recording District. The Lessor covenants and agrees that the access easement may be utilized by any person or the general public for ingress and egress to the Premises, and for Page 3 of 11 the purpose of general public vehicular and pedestrian use and access, and for the Fire Department, Police and emergency use in, along, upon and across said easement. Lessor retains right of reasonable access over the Premises for existing trails and to other Lessor property outside of the Premises southwest of the Facility. Lessee Improvements: 14. Lessee may, at Lessee's expense, with Lessor's approval, construct additional improvements necessary to operate and maintain the Facility. Such improvements shall remain the property of Lessee for the duration of the Lease. 15. All fixtures and equipment of whatever nature that have been installed on the Premises by Lessee, whether permanently affixed or otherwise, shall continue to be the property of Lessee, and may be removed by Lessee at the expiration or termination of this Lease. 16. Upon termination or expiration of the Lease, Lessor shall have the option to accept return of the Premises in its original condition, or in the alternative, to accept the Premises with any and all improvements existing thereon at the time of termination or expiration. If the Lessor accepts the Premises with the improvements thereon, Lessee shall convey the improvements to Lessor. If the Lessor accepts the Premises in its original condition, Lessee, at its own expense, will remove the improvements, and will fill all holes resulting from the removal and will grade the affected area to a reasonably smooth and regular surface in such a manner that it will drain properly and be left in a clean and safe condition. Mineral Rights /Waste: 17. No mineral rights accrue to the Lessee by operation of this lease. Lessee shall not commit waste or injury upon the Premises. Maintenance of Premises: 18. Lessee shall, at all times, keep and maintain the Facility and the entire Premises in good repair and in neat, orderly and safe condition. Lessee shall not cause or Page 4 of 1 1 permit any litter, debris, scrap or other materials not having a recognized commercial value, or usable by Lessee in its business, including refuse, to be accumulated or stored upon the Premises. Lessee agrees to not store any items on the Premises which do not belong to Lessee. Holding Over: 19. All conditions and covenants of this Lease shall remain in effect during any extension of this Lease. Any holding over after the expiration date of this Lease shall be construed to be a tenancy from month to month, at the same monthly rental and on the terms and conditions specified in this Lease, so far as applicable. Renewal Options: 20. This Lease can be renewed upon mutual consent of both Lessor and Lessee in writing. It is a condition precedent to any renewal that (1) written notice of intent to renew must be given to Lessor at least 180 days prior to the expiration of the term of the lease, and (2) Lessee must not be in default of any condition of this Lease. Liability: 21. Lessor and Lessee shall each be responsible for its own acts or omissions (and those of its officers, agents, and employees); and each party to this Lease agrees to indemnify, defend and hold harmless the other, to the maximum extent allowable under Alaska law, from any claim or liability (of whatever kind, including attorney fees) for damages to property or injury to persons occasioned by each party's own acts or omissions in connection with the use and occupancy of the Premises described in this Lease. 22. The parties agree to notify each other of any claim, demand, or lawsuit arising out of or affecting Lessee's occupation or use of the Premises. Both parties will fully cooperate in the investigation and litigation of any claim, demand, or lawsuit affecting the Premises. Insurance: Page 5 of 11 23. The State of Alaska and its agencies are covered for property liability exposures through major worldwide insurance programs with large self - insured retentions. Losses are covered by the financial resources of the State and are administered under the self - insured claims program handled by the Division of Risk management. 24. The State of Alaska, through its Division of Risk Management, provides comprehensive liability insurance coverage through our program of self - insurance for the activities and operations of its agencies. Environmental Concerns, 25. Use of Hazardous Materials on the Site. a. Lessee shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Premises except for such Hazardous Material as is necessary to conduct Lessee's authorized use of the Premises. b. Any Hazardous Material permitted on the Premises as provided in this paragraph, and all containers therefor, shall be used, kept, stored and disposed of in a manner that complies with all Environmental Laws or other laws or regulations applicable to such Hazardous Material. c. Lessee shall not discharge, leak or emit, or permit to be discharged, leaked or emitted, any material into the atmosphere, ground, ground water, sewer system or any body of water, if such material (as reasonably determined by Lessor, or any governmental authority) does or may, pollute or contaminate the same, or may adversely affect the (a) health, welfare or safety of persons, whether located on the Premises or elsewhere; or (b) condition, use or enjoyment of the Premises or any other area or personal property. d. Lessee hereby agrees that it shall be fully liable for all costs and expenses related to the use, storage and disposal of Hazardous Material kept or brought on the Premises by Lessee, its authorized representatives and Page 6 of I I invitees, and Lessee shall give immediate notice to Lessor of any violation or potential violation of the provisions of this subparagraph. 26. Operator. For all purposes, Lessee shall be deemed the operator on the Premises. 27. Hazardous Material Defined. As used in this Lease, Hazardous Material is any substance which is toxic, ignitable, reactive, or corrosive or which is regulated by any Environmental Law. Hazardous Material includes any and all material or substances which are defined as industrial waste hazardous waste, extremely hazardous waste or a hazardous substance under any Environmental Law. Notwithstanding any statutory petroleum exclusion, for the purposes of this Lease, the term Hazardous Material includes, without limitation, petroleum, including crude oil or any fraction thereof, petroleum soaked absorbent material and other petroleum wastes. 28. Environmental Law Defined. As used in this Lease, Environmental Laws include any and all local, state and federal ordinances, statutes, and regulations, as now in force or as may be amended from time to time, relating to the protection of human health and the environment, as well as any judgments, orders, injunctions, awards, decrees, covenants, conditions, or other restrictions or standards relating to same. Environmental Laws include, by way of example and not as a limitation of the generality of the foregoing, Alaska Statutes Title 46, the Resource Conservation and Recovery Act of 1976, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Clean Water Act, and the Superfund Amendments and Reauthorization Act of 1986. 29. Lessee shall obtain all permits or approvals required by any applicable law or regulation. Right of Refusal: Page 7 of 11 30. Lessor agrees that at the termination of this Lease or any subsequent extensions, he or his designees will not lease the parcel to any other party without first giving Lessee the opportunity to renew this land lease on terms, conditions and rental no less favorable to Lessee than those offered any other party. Right to Occupy: 31. Lessee shall have the right to possession of the Premises from and after the effective date of the Lease subject to the herein described terms. 32. Lessor agrees to make any sale of the Premises during the term of the Lease, or an extension thereof, subject to this Lease. This also applies to any sales as a result of an encumbrance on the property that existed prior to the extension of this Lease. Default: 33. In the event of default by Lessee, Lessor must send a written notice to Lessee which specifies the particular alleged default. If Lessee fails to cure the default within sixty (60) days after receiving the written notice or begin to diligently pursue a cure if it will take longer than 60 days, Lessor may cancel this Lease. Notices: 34. All notices, demands or requests required or allowed hereunder or otherwise, shall be sent by mail, certified or registered, postage prepaid, or faxed, or delivered by hand to the addresses below. Notice shall be deemed to have been made at the time of delivery if delivered, faxing if faxed, and mailing if mailed. Either party must notify the other in writing of any change in address: Lessor: Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 -6340 ATTN: Kodiak Island Borough Manager Lessee: Alaska Department of Fish and Game Division of Administration Procurement Section P.O. Box 115526 Page 8 of 11 Juneau, AK 9981 1 -5526 ATTN: Lands and Leasing Coordinator Effect on Successors: 35. This Agreement is binding upon, and shall inure to the benefit of the parties themselves, as well as their respective representatives, successors, permitted assigns, heirs and estates. Applicable Laws: 36. Both parties consent to the jurisdiction of the Superior Court of the State of Alaska and shall be bound by the laws of Alaska with respect to any dispute under this Lease. Time is of the Essence: 37. Time, whenever expressed herein, shall be deemed to be of the essence in this Lease. Partial Invalidity: 38. If any provision or covenant of this Lease is declared to be invalid by a court of competent jurisdiction, the remaining provisions and covenants will continue in full force. Amendment: 39. No amendment or extension of this Lease shall be effective unless expressed in writing executed by both parties. Entire Agreement: 40. This Lease contains all the terms, conditions, and agreements of the parties and supersedes any previous understanding or agreements regarding the Premises whether oral or written. This writing constitutes the total lease agreement between Lessor and Lessee. Page 9 of 11 IN WITNESS THEREOF, the parties hereto have hereunto set their hands on the day and year written below. LESSOR: Kodiak Island Borough Rick L. Gifford, Borough Manager Date Federal Tax ID# ATTEST: Nova Javier, Borough Clerk STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the day of , 20 , before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared Rick Gifford, Borough Manager, Kodiak Island Borough, and acknowledged to me that s /he signed the foregoing Agreement freely and voluntarily for and on behalf of the Kodiak Island Borough, for the use and purpose therein mentioned. Notary in and for Alaska My commission expires: LESSEE: STATE OF ALASKA, Department of Fish & Game Page 10 of 11 Signature Printed name Title Date STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the day of , 20, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared , , Alaska Department of Fish and Game, and acknowledged to me that s/he signed the foregoing Agreement freely and voluntarily for and on behalf of the State of Alaska, Department of Fish and Game, for the use and purpose therein mentioned. Notary in and for Alaska My commission expires: PLEASE DIRECT ALL CORRESPONDENCE REGARDING THIS LEASE TO: Alaska Dept of Fish & Game P.O. Box 115526 Juneau, Alaska 99811 -5526 Attn: Lands & Leasing Coordinator, Procurement Section Page I I of 1 I Kodiak Island Borough t • * } � , r ' ,; Community Development Department )�lfy t 710 Mill Bay Road _ Kodiak, Alaska 99615 ra Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us Air Memorandum Date: April .21,.201I To: Rick Gifford, Borough Manager From: Bud Cassidy, Director RE: Transmittal of Planning and Zoning Commission Resolution recommending the disposal of about 2,88 acres of land to the State of Alaska for less than fair market value. The attached resolution was adopted by the KIB Planning and Zoning Commission on April 20, 2011 as part of Case 11- 021. The commission review was conducted under the auspices of KIBC 18.20.030 in order to designate about 2.88 acres of land for a land disposal at less than fair market value to the State of Alaska. The 2.88 acre parcel will be used to develop a new ADF &G office building on Near Island, near to and on the same site as the Kodiak Fisheries Research Center (KFRC). Because the new ADF &G office facility, and the ground it will sit on, is intended to be disposed of to the State of Alaska under a combination of license (for construction) long term lease agreement for the use, operation and maintenance of the facility, it is necessary to review this as a disposal of interest in real property as required by relevant sections of KIBC Title 18. The commission adopted the attached resolution after a public hearing held at the April 20, 2011 meeting. By this transmittal memorandum the recommendation of the commission is hereby forwarded to the borough assembly for further consideration. Enc. Signed KIB P &Z Commission Resolution adopted April 20, 2011 as excerpted from Staff Memorandum Land Description as prepared by DOWL HKM A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION, RECOMMENDING DISPOSAL BY LEASE FOR LESS THAN FAIR MARKET VALUE OT THE STATE OF ALASKA OF APPROXIMATELY FOUR (4) ACRES OF BOROUGH LAND LOCATED WITHIN LOT B -1A, U.S. SURVEY 4947 AS DEPICTED ON PLAT 2010 -8, FOR THE PURPOSE OF DEVELOPING A NEW STATE OF ALASKA OFFICE BUILDING. WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each disposal of borough land to be reviewed by the Planning & Zoning Commission before submission to the Assembly; and, WHEREAS, the Planning & Zoning Commission is required under KIBC 18.20.030 to make a recommendation on the disposal by resolution before the case can be forwarded to the Borough Assembly; and, WHEREAS, the principal purpose of the Commission's recommendation is to determine whether the land is considered to be surplus to the Borough's need; and, WHEREAS, the Planning & Zoning Commission held a public hearing on April 20, 2011 to consider the land disposal request made by the Kodiak Island Borough on behalf of the State of Alaska for a disposal of land by lease for less than fair market value; NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION THAT: Section 1: The Kodiak Island Borough Planning & Zoning Commission, in accordance with KIBC Title 18, Chapter 20, recommends the Assembly approval of a disposal of approximately 2.88 acres of land within Lot B1 -A, U.S. Survey 4947, and generally located on Near Island overlooking Trident Basin, by a long term lease for less than fair market value to the State of Alaska. Section 2: Findings 1. The disposal is consistent with the 1987 Near Island Comprehensive Plan and the 2008 Kodiak Island Borough Comprehensive Plan update. 2. A portion of the land to be disposed of was obtained from the City of Kodiak specifically for this project when it was considered to be a borough development project, • 3. The lease area will not unnecessarily interfere with the public's right to access and the public trails to and through this area. 4. The exact boundaries of the disposal area, along with any needed reservations for public access will be determined by plat process as part of the ongoing disposal and development processes. ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION, THIS TWENTIETH DAY OF APRIL, 2011. KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION Alan Torres, Chair ATTEST By: t(22.. Ol,]� L Sheila Smith Community Development Department Public Hearing Item 7 -C P &Z April 20, 2011 LAND DESCRIPTION The description hereon was prepared by DOWL HKM on April 15, 2011 at the request of the Kodiak Island Borough for the purpose of describing a lease lot parcel. The authorized user of this description is the Kodiak Island Borough. Unauthorized use of this description is prohibited. DOWL HKM will not he responsible for errors committed by others if this description is not reproduced exactly as written below. The author of this description is Corey L. Rice, PLS Alaska No. 12038 -S. Portion of Tract B -1A, U.S. Survey No. 4947, Plat 2010.8 Lease Lot A parcel of land located in Tract B -IA U.S. Survey No. 4947, filed as Plat No. 2010 -8 in the Kodiak Recording District, Third Judicial District, State of Alaska, being more particularly described by metes and bounds as.fotlows: Commencing at C -2 of Tract B -1 A of the Replat to Tract B -1A of U.S. Survey No. 4947, Plat No. 2010 -8; thence N31 °38'34 "E 141.91 feet to C -I thereof and being the True Point of Beginning for this description; thence N25 °44'08 "W 300.16 feet; thence N49 °16'33 "E 287.86 feet; thence S40 °43'27 "E 124.17 feet; thence S06 °43'27 "E 53.50 feet to the point of curvature of a non- tangent curve concave to the east having a radius of 44.38 feet a chord bearing of S28 °04'48 "E and a chord distance of 40.37 feet; thence southerly on said curve through a central angle of 54 °06'23" 41.91 feet; thence N83 °16'33 "E 46.74 feet; thence S40 °43'27 "E 165.00 feet; thence S49 °16'33 "W 243.00 feet to the W,C, at the angle point of the southerly and westerly lines of said Tract B -IA; thence on the southerly line thereof N89 °01'56 "W 16403 feet to the True. Point of Beginning. Said lease lot embraces an area of 2.88 acres.more or less as calculated from said courses and distances. This lease lot is subject to an access easement more, described as follows: Requested by Commission - Case 11 -021 - Page 1 of 4 Public Hearing Item 7 -C P &Z April 20, 2011 Commencing at C -2 of Tract B-1 A of the Replat to Tract B -I'A of U.S. Survey No. 4947, Plat No. 20[0 -8 thence N31 °38'34"E 141.91 feet to C -1 thereof; thence N25 °4408 "W 300.16 feet; thence N49 °16'33 "E 287.86 feet; thence S40 °43'27 "E 91.14 feet to the True Point of Beginning for this description; thence S40 °43'27 "E 33.03 feet; thence S06 °43'27 "E 53.50 feet; thence S77 °36'31 "W 48.17 feet; thence N58 °09'54 "W 19.84 feet; thence N26 °12'09 "E 59.51 feet to the point of curvature of a non- tangent curve concave, to the northwest having a radius of 155.49 feet, a chord bearing ofN21 °43'24 "E, and a chord distance of 26.52 feet; thence northeasterly on said curve through a central angle of 9°47'01" a distance of 26.55 feet to the True Point of Beginning. Said access easement embraces an area of 3,251 square feet more or less as calculated from said courses and distances. w or • r M 1 iz L 'Si , -r; ( iI '? { - 12 . ' ✓ �r, )<"7.1... C i•' t,� /`179 /t ' f h <; t T.."A �T Requested by Commission - Case 11 -021 - Page 2 of 4 Public Hearing Item 7 -C P &Z April 20, 2011 LINE TABLE TRACT B - LINE LENGTH BEARING Plat No. 97 -19 L1 33.03 S40'43'27 "E L2 53.50 SO6'43'27 "E L3 48.17 577'36'31 "W , L4 19.84 N58`09'54 "W N L5 59.51 _N26'12'09 "E / s � A O r TRUE POINT �/y� , / 5- OF BEGINNING L� / 8 �R \C1 C ' 7 c hP/ v / V��' N b � �O/ S-C4,4 N88T:23 "E a / 4i- 44.38 (RAD) < C N83'16'33 "E S x \ 46.74 \ cr - ,s VI a\ J.S.S. 4947 s vF M � TRACT B -1 A \ o �i \ Plot No. 2010 -8 co \ / ■ B \ / ryk �. \ 79 3 GRAPHIC SCALE Tra 16403' S 100 0 50 100 re Y - . _Tram D p i 1€ a CURVE TABLE CURVE RADIUS DELTA LENGTH CHORD BEARING Cl 155.49 9'47'01" 26.55 26.52 N21'43'24 "E C2 44.38 54'06'23" 41.91 40.37 524'08'48 "E = EASEMENT AREA = +/- 3,251 S0. FT. N ° < KODIAK.ADF &G to to RESEARCH FACILITY LEASE SITE EXHIBIT 'B' D C7 W L H KM A PARCEL OF LAND LYING WITHIN TRACT 8 -1A, REPLAT OF U.S.S. 4947 DATE: 04-15-11 : DOW_ W.O. SCALE: AS . RECORDED UNDER. PLAT NO.2010 -8, i 60402.01 1" =100' KODIAK REC. DIST. STATE OF ALASKA. Access Esmt. a Requested by Commission - Case 11 -021 - Page 3 of 4 Public Hearing Item 7 -C P &Z April 20, 2011 -- S. o 0 7. in A= 7'11'04" IC R= 530.00 F L= 66.46' s sr R P srs, co N 46.80' TRACT B -2 1 S31'58'10 "W Plat No: 97 -19 Z , . S. S. 4947 � 0 5 0� TRACT B -1 A N Plat No. 2010 -8 'n 1, 1: 01 N N ‘e S S06'43'27 "E o. 53.50' R ,?. N88'5823"E y 5 2Q , .>, 44.38' (RAD) x x w co Li CO 1• N8316133 "E 0, q $ R= 44.38' 46.74' ^ .15 D N to 6= 54'06'23" A 5 _ L= 41.91' 6S\rr� 2 u ., CB= 524'04'48 "E ' % o.. e ° • -\ co \o C =40.37 0 ,,, J R s? R iP j, o co, ° ' LEASE LOT � T � 7s y i cs S \,gyp, Trail p a nj r1,. s 164.03' '' 5 L ` TRUE POINT ' 89'01'56 "W s OF BEGINNING 76 ti N46'21 "W cc z Y M 141.91 i S31'38'34 "W GRAPHIC SCALE o TRACT F 200 0 100 200 U .- Plot No. worm, _. i 2008 -17 = .. LEASE LOT AREA = +/- 2.88 Ac. ° 14 KODIAK ADF &G EXHIBIT 'N 0 VI RESEARCH FACILITY LEASE SITE D O W L H K M A PARCEL OF LAND LYING WITHIN DATE: 04 -15 -11 15 TRACT B -1A, REPEAT OF U.S.S. 4947 2 DOWL W.O. SCALE: AS RECORDED UNDER PLAT NO.2010 -8, i 60402.01 1" =200' KODIAK REC, DIST. STATE OF ALASKA. Lease Lot a Requested by Commission - Case 11 -021 - Page 4 of 4 KODIAK ISLAND BOROUGH AGENDA STATEMENT APRIL 21, 2011 REGULAR MEETING ITEM NO: 13.C.1 TITLE: Ordinance No. FY2011 -15 Amending Title 9 Public Peace, Morals and Welfare by Instituting Chapter 9.10 Fireworks Control to Restrict the Sale and Use of Fireworks in the Borough. SUMMARY: There is no restriction on the sale or use of fireworks in the borough and many residents have contacted Borough officials expressing concern about noise, litter, and safety created by the use of fireworks throughout the year. This ordinance would restrict the sale and use of fireworks in the Borough to a limited number of days before and after the popular holidays that feature fireworks, 4 th of July and New Year's Eve. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Ordinance No. FY2011 -15 in first reading to advance to public hearing at the next meeting of the Assembly. Introduced by: Manager Gifford 1 Requested by: Borough Assembly 2 Drafted by: Special Projects, Christiansen Introduced: 04/21 /2011 3 Public Hearing: 4 Adopted: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2011 -15 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 AMENDING TITLE 9 PUBLIC PEACE, MORALS AND WELFARE BY 11 INSTITUTING CHAPTER 9.10 FIREWORKS CONTROL TO 12 RESTRICT THE SALE AND USE OF FIREWORKS IN THE BOROUGH 13 14 WHEREAS, there is no restriction on the sale or use of fireworks in the borough; and 15 16 WHEREAS, many residents have contacted Borough officials expressing concern about 17 noise, litter, and safety created by the use of fireworks throughout the year; and 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 20 BOROUGH THAT: 21 22 Section 1: This ordinance is of a general and permanent nature and shall become a part 23 of the Kodiak Island Borough Code of Ordinances; 24 25 Section 2: The Kodiak Island Borough Code is hereby amended by adopting a new 26 chapter 9.10 as follows: 27 28 Chapter 9.10 29 FIREWORKS CONTROL 30 31 9.10.010 Applicability 32 9.10.020 Definitions 33 9.10.030 Sales prohibited 34 9.10.040 Use prohibited 35 9.10.050 Permissible uses 36 9.10.060 Penalty 37 38 9.10.010 Applicability. 39 This chapter applies in all areas of the borough outside of the cities of Kodiak, Ouzinkie, 40 Port Lions, Larsen Bay, Akhiok and Old Harbor. 41 42 9.10.020 Definitions. 43 In this chapter, unless the context otherwise requires: 44 A. "Dangerous fireworks" means all fireworks not otherwise defined as saleable fireworks. 45 46 B. "Saleable fireworks" means fireworks defined as such in AS 18.72.100 as amended from 47 time to time. 48 49 50 Kodiak Island Borough Ordinance No. FY2011 - 15 Page 1 of 2 51 9.10.030 Sales prohibited. 52 A. Except as provided in this chapter, it is unlawful for any person to sell or display or offer 53 to sell fireworks within the corporate limits of the Kodiak Island Borough. 54 55 B. The sale of fireworks defined as saleable under AS 18.72.100 shall be allowed annually 56 without permit during the period of June 15 to July 15, and December 26 to December 31. 57 58 9.10.040 Use prohibited. 59 A. Except as provided in this chapter, it is unlawful for any person to discharge fireworks 60 within the corporate limits of the Kodiak Island Borough. 61 62 B. The discharge of fireworks defined as saleable under AS 18.72.100 shall be allowed 63 annually without permit during the period of June 15 to July 15, and December 26 to 64 January 1. 65 66 C. Permission to discharge fireworks will not apply during any period when the State of 67 Alaska Division of Forestry has a ban on open burning in effect. 68 69 9.10.050 Permissible uses. 70 Nothing in this chapter shall be construed to prohibit: 71 A. The use of fireworks by transportation agencies for signal purposes or illumination; 72 B. The sale or use of blank cartridges for a show or theater; 73 C. The use of fireworks for signal or ceremonial purposes in athletic events or parades; 74 D. Use by military organizations; 75 E. The use of fireworks when authorized by a state or federal agency for wildlife control. 76 77 9.10.050 Penalty. 78 Penalties for violations of this chapter are as provided in Chapter 1.20. 79 80 Section 3: This ordinance shall take effect upon adoption. 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, Alaska Ordinance No. FY2011 -15 Page 2 of 2 ALASKA STATUTES REFERENCE Sec. 18.72.100. Definitions. In this chapter and fireworks regulations adopted in the state fire safety code, (1) "dangerous fireworks" includes all fireworks that are not defined as salable fireworks; (2) "fire safety code" means the fire safety code of the state adopted and administered by the division of fire prevention of the Department of Public Safety; (3) "fireworks" means salable fireworks or dangerous fireworks; (4) "salable fireworks" are 1.4 G fireworks, as defined by the National Fire Protection Association, and, more specifically, shall include and be limited to the following: (A) roman candles, not exceeding 10 balls spaced uniformly in the tube, total pyrotechnic composition not to exceed 20 grams each in weight, any inside tube diameter not to exceed 3/8 inch; (B) skyrockets with sticks, total pyrotechnic composition not to exceed 20 grams each in weight, and the inside tube diameter not to exceed 1/2 inch, with the rocket sticks being securely fastened to the tubes; (C) helicopter type rockets, total pyrotechnic composition not to exceed 20 grams each in weight, and the inside tube diameter not to exceed 1/2 inch; (D) cylindrical fountains, total pyrotechnic composition not to exceed 75 grams each in weight, and the inside tube diameter not to exceed 3/4 inch; (E) cone fountains, total pyrotechnic composition not to exceed 50 grams each in weight; (F) wheels, total pyrotechnic composition not to exceed 60 grams for each driver unit or 240 grams for each complete wheel, and the inside tube diameter of driver units not to exceed 1/2 inch; (G) illuminating torches and colored fire in any form, total pyrotechnic composition not to exceed 100 grams each in weight; (H) dipped sticks, the pyrotechnic composition of which contains chlorate or perchlorate, that do not exceed five grams, and sparklers, the composition of which does not exceed 100 grams each and that contains no magnesium or magnesium and a chlorate or perchlorate; • K,r= (I) mines and shells of which the mortar is an integral part, total pyrotechnic composition} P ,j; not to exceed 40 grams each in weight; • (J) firecrackers with soft casings, the external dimensions of which do not exceed one and one -half inches in length or one - quarter inch in diameter, total pyrotechnic composition not to exceed two grains each in weight; (K) novelties consisting of two or more devices enumerated in this paragraph when approved by the Bureau of Explosives. 1 KODIAK ISLAND BOROUGH AGENDA STATEMENT APRIL 21, 2011 REGULAR MEETING ITEM NO: 13.D.1 TITLE: Declaring a Seat on the Kodiak Workforce Regional Advisory Council Vacant. SUMMARY: On April 11, 2011, Ms. Marjorie DeGreef submitted a notice of resignation from the Health and Sports Fitness seat on the Kodiak Workforce Regional Advisory Council for a term to expire December 2013. 2.100.070 Vacancies. A. Other than by expiration of the member's term, the assembly shall declare a seat vacant when a member: 2. Resigns and the resignation is accepted; D. In the event of a vacancy on a board, committee, or commission for any reason other than normal expiration of a term of office, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. The appointing authority shall appoint a new member for the remaining unexpired term in accordance with KIBC 2.100.030. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: ci � RECOMMENDED MOTION: Move to accept, with regret, the resignation of Ms. Marjorie DeGreef from the Health and Sports Fitness seat on the Kodiak Workforce Regional Advisory Council for a term to expire December 2013 and direct the Borough Clerk to advertise the vacancy per Borough Code. Jessica Kilborn From: Degreef, Marge [ Marjorie .Degreef ©providence.org] Sent: Friday, April 08, 2011 4:46 PM To: Jessica Kilborn Cc: Rush, Donald; Zawacki, Brenda Subject: RE: Appts to KWRAC Jessica, I am not sure who I should be sending notice to so if it is not you could you please point me in the right direction. I am leaving the Island later this month and need to resign from the Kodiak Workforce Regional Advisory Council. It was my understanding that in my position I would be representing Providence Kodiak Island Medical Center on the Council and the position could be filled by another persons from our hospital if I were unable to attend. Could you please advise us as to how we should proceed. With the hospital being one of the larger employers on Kodiak we would like to retain a seat at the table. Thank you, Marge Marjorie Degreef, RN Assistant Administrator - Patient Services Providence Kodiak Island Medical Center 1915 East Rezanof Drive Kodiak, Alaska 99615 phone (907)486 -9567 fax (907)486 -2336 marjorie .degreefa,providence.org Our future is our choice. Those decisions we make today arc a choice up until tomorrow arrives, then they become our reality. From: Jessica Kilborn fmailto:ikilbornCalkodiakak.usl Sent: Friday, April 08, 2011 2:57 PM To: AIMEE KNIAZIOWSKI; ALISHA DRABEK; BONNIE BAKER; BRIAN HIMELBLOOM; JACQUELINE MADSEN; LORRAINE STEWART; Degreef, Marge; MAUREEN BUTLER; PATRICK MCELLIGATT; PEGGY RAUWOLF; QUENTIN FONG; ROBERT BANKS; SONNY VINBERG; S I LWART MCDONALD; TREVOR BROWN; TUCK BONNEY Subject: Appts to KWRAC Good afternoon, At its regular meeting of April 7, 2011, the Kodiak Island Borough Assembly confirmed the appointments of Tuck Bonney and Alisha Drabek to the Kodiak Workforce Regional Advisory Council. Attached you will find an updated roster and copies of the appointment letters. Tuck /Alisha, Appointment letters and enclosures have been mailed to you. If there are any questions, please feel free to contact the Clerk's office. Have a good weekend! /�� €,eoocca /1 6 - 2 Assistant Clerk i rap Kodiak Island Borough /4 KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — April 4, 2011 SUMMARY MOTION FAILED: Motion to approve a second, full -year certificated leave of absence for Kodiak High School Teacher Katrina Stewart for the 2011/2012 school year. APPROVED: Motion to approve Increase to Purchase Order Number 01051006, GC', Inc. in the amount of $6,300 for additional bandwidth for Internet access for a total purchase order amount of $1,207,210.92. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's website at www.kodiakschools.org. Kodiak Island Borough Assembly Regular Meeting Guidelines April 21, 2011, 7:30 p.m., Borough Assembly Chambers Please announce: Please remember to turn off ringers on your cell phones or put them on vibrate. 1. INVOCATION Captain John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse Assembly member Fulp who is absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Summary of Consent Agenda Items: *Declaring a Seat on the Kodiak Workforce Regional Advisory Council Vacant. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES — None. 6. AWARDS AND PRESENTATIONS — None.. 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone numbers: Local is 486 -3231. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking Kodiak Island Borough Assembly Guidelines April 21, 2011 Page 1 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2011 -14 Rezoning Lot G -1, U.S. Survey 3218, From B- Business To R3- Multifamily Residential, and Lots D -2, H -1, H -2 and G -2, U.S. Survey 3218, From RR1 -Rural Residential One To R3- Multifamily Residential. Recommended motion: Move to adopt Ordinance No. FY2011 -14. Staff Report — Manager Gifford Clerk's Note: Attached on ree paper are the public hearing responses received by the Clerk's office. 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 — None. B. Resolutions 1. Resolution No. FY2011 -25 Authorizing the Borough Manager to Enter Into a Land Use License With the State of Alaska Allowing the Department of Fish and Game to Use a Portion of Tract B -1A U.S. Survey 4947 and Entering into a Lease Agreement Upon Recording of a Plat. Recommended motion: Move to adopt Resolution No. FY2011 -25. Staff Report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines April 21, 2011 Page 2 C. Ordinances for Introduction 1. Ordinance No. FY2011 -15 Amending Title 9 Public Peace, Morals and Welfare by Instituting Chapter 9.10 Fireworks Control to Restrict the Sale and Use of Fireworks in the Borough. Recommended motion: Move to adopt Ordinance No. FY2011 -15 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. D. Other Items 1. *Declaring a Seat on the Kodiak Workforce Regional Advisory Council Vacant. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone numbers: Local is 486 -3231. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 15. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby The Borough Assembly will hold its Annual Board Members, Commissioners, Committee Members, and Volunteers Reception on Friday, April 29, 2011, 5:30 p.m. to 7:30 p.m., January 22, 2010, 7 to 9 p.m., at the Old Powerhouse Restaurant. All Board Members, Commissioners, Committee Members, Volunteers, and their guests are invited to attend. The next Assembly work session will be held on Thursday, April 28, 2011, at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly is scheduled on Thursday, May 5, 2011, at 7:30 p.m. in the Borough Assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines April 21, 2011 Page 3 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET dp Regular t/ Special Date: 51/02/020// Convened: p , y Recessed: Reconvened: Adjourned: BY: `KU,{),Cj1en BY: / ; � BY: J � / % , , BY 2 , BY: 2 %iectrl SECOND:9r SECOND: . / SECOND: p SECOND: /( 9 1 44c, SECOND / 4gcee etze 4exiti dfitied Ate46- d-i-e-e--e-gt gaitzete4-,t) -4fiteettd 11\1;11)1_47 C9020//-/, . "0 Y ES , ' NO . YES NO • ` *,' .. YES . NO -. ;. t , ` ' YES "' NO ,• YES' "NO . Ms. Austerman / Ms. Austerman Ms. Austerman , Ms. Austerman / Ms. Austerman / Mr. Friend V Mr. Friend Mr. Friend it / Mr. Friend / Mr. Friend Ms. Fulp / • Ms Fiilp Ms -Fr,lp Ms. Fulp Ms. Jeffrey Ms. Jeffrey Ms. Jeffrey / Ms. Jeffrey A Ms. Jeffrey / Mr. Kaplan Mr. Kaplan Mr. Kaplan / Mr. Kaplan / Mr. Kaplan $ 7 Ms. Lynch ✓ Ms. Lynch Ms. Lynch / Ms. Lynch / Ms. Lynch 1 I / Ms. Stutes Ms. Stutes I Ms. Stutes / Ms. Stutes V Ms. Stutes CHANGE OF VOTE? HANGE OF VOTE ?,CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ?`. TOTAL: TOTAL: \ TOTAL: //[[,//,, () TOTAL: 6 0 TOTAL: ( n The mayor may not vote except in the case wherVonly six members of the asse bly 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 V Special Date: '3 / d/ " i 4 9 Convened: U . „.).0 ? • /'h ' Recessed: Reconvened: Adjourned' OP ' BY: i, , BY: BY: BY: BY: SECON / SECOND: SECOND: SECOND: SECOND: . ' YES NO ''YES NO • _ ' YES NO - YES NO YES NO Ms. Austerman / Ms. Austerman Ms. Austerman Ms. Austerman Ms. Austerman Mr. Friend Z Mr. Friend Mr. Friend Mr. Friend Mr. Friend Ms. Fulp Ms. Fulp Ms. Fulp Ms. Fulp Ms. Fulp Ms. Jeffrey 7 Ms. Jeffrey Ms. Jeffrey Ms. Jeffrey Ms. Jeffrey Mr. Kaplan Mr. Kaplan Mr. Kaplan Mr. Kaplan Mr. Kaplan Ms. Lynch / Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch Ms. Stutes I Ms. Stutes Ms. Stutes Ms. Stutes Ms. Stutes JCHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE1 TOTAL: 0 TOTAL: TOTAL: 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 REGULAR MEETING Regular Meeting of: 1 -//02/ /i Please PRINT your name Please PRINT you name $\. \ f+L-p \--\\\ s ell t < Ne. ‘$ e »\ V \\I