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2011-08-04 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, August 4, 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. FY2012 -04 Amending Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.105. Planning and Zoning Commission Section 2.105.010 Created — Membership; Title 2 Administration and Personnel Chapter 2.145 Solid Waste Advisory Board Section 2.145.010 Created — Membership; Title 3 Revenue and Finance Chapter 3.35 Real Property Tax Section 3.35.050 Board of Equalization; and Title 7 Elections Chapter 7.20 Qualifications of Voters and Candidates Section 7.20.020 Candidate Qualifications.. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts — None. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Number :Local 486 -3231. Page 1 of 2 B. Resolutions 1. *Resolution No. FY2012 -05 Authorizing the Records Manager to Dispose of Certain Kodiak Island Borough Records. 2. Resolution No. FY2012 -06 Providing for the Issuance of Solid Waste Disposal Facility Revenue Bonds of the Borough for the Purpose of Providing Amounts to Acquire, Engineer, Design, and Construct Necessary Additions and Improvements to the Borough's Solid Waste Disposal Facility; and Providing for the Details Thereof. C. Ordinances for Introduction 1. Ordinance No. FY2012 -05 Rezoning Tract C, Block 2, Ouzinkie Townsite Subdivision (U.S. Survey 4871), From R1- Single Family Residential To PL- Public Use Land. D. Other Items 1. APPEAL TO THE ASSEMBLY — An Appeal of the Planning and Zoning Commission's Decision of Case No. S11 -014 on June 15, 2011, GRANTING Preliminary Approval, According to KIBC 16.40, to Amend Note(s) on Plat 2000 -8, Relating to Access and Front Yard Setback Calculations for Lots 7 Through 10 and 12, Block 2, Perez Estates Subdivision. Appellant: Amanda Breeden. 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 — None. B. Reports — None. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Number :Local 486 -3231. Page 2 of 2 KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 4, 2011 REGULAR MEETING ITEM NO: 9.A TITLE: Ordinance No. FY2012 -04 Amending Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.105 Planning and Zoning Commission Section 2.105.010 Created — Membership; Title 2 Administration and Personnel Chapter 2.145 Solid Waste Advisory Board Section 2.145.010 Created — Membership; Title 3 Revenue and Finance Chapter 3.35 Real Property Tax Section 3.35.050 Board of Equalization; and Title 7 Elections Chapter 7.20 Qualifications of Voters and Candidates Section 7.20.020 Candidate Qualifications. SUMMARY: This ordinance was requested by Assembly member Stutes to avoid the possible or perception of conflict of interest of employees serving on different boards. This sets the parameters on what those limitations are by keeping in mind that a Borough employee should not be denied the opportunity to serve as a member of a certain Borough board or commission solely by reason of being employed by the Borough. This ordinance provides the specific qualifications for board membership for the Planning and Zoning Commission, Board of Equalization, and Solid Waste Advisory Board. This also addresses that Borough employees should not be denied the opportunity to serve on Service Area Boards. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: - _ RECOMMENDED MOTION: Move to adopt Ordinance No. FY2012 -04. Introduced by: Borough Manager Requested by: Borough Assembly Drafted by: Borough Attorney 1 Introduced: 07/21/2011 2 Public Hearing: 08/04/2011 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2012 -04 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 9 AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 10 ADMINISTRATION AND PERSONNEL CHAPTER 2.105 PLANNING AND ZONING 11 COMMISSION SECTION 2.105.010 CREATED — MEMBERSHIP; TITLE 2 12 ADMINISTRATION AND PERSONNEL CHAPTER 2.145 SOLID WASTE ADVISORY 13 BOARD SECTION 2.145.010 CREATED — MEMBERSHIP; TITLE 3 REVENUE AND 14 FINANCE CHAPTER 3.35 REAL PROPERTY TAX SECTION 3.35.050 BOARD OF 15 EQUALIZATION; AND TITLE 7 ELECTIONS CHAPTER 7.20 QUALIFICATIONS OF 16 VOTERS AND CANDIDATES SECTION 7.20.020 CANDIDATE QUALIFICATIONS 17 18 WHEREAS, a Borough employee should not be denied the opportunity to serve as a 19 member of a Borough board or commission solely by reason of being employed by the 20 Borough, and except as limited by the specific qualifications for board membership provided 21 by ordinance; and 22 23 WHEREAS, the Planning and Zoning Commission and the Board of Equalization each 24 have the authority to make certain decisions binding on the Borough; and 25 26 WHEREAS, the Solid Waste Advisory Board makes advisory recommendations to the 27 Assembly; and 28 29 WHEREAS, decisions by these boards and commissions should be made on the prepared 30 record and evidence presented; and 31 32 WHEREAS, Borough employees should not be denied the opportunity to serve on service 33 area boards. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 36 BOROUGH THAT: 37 38 Section 1: This ordinance is of a general and permanent nature and shall become a part 39 of the Kodiak Island Borough Code of Ordinances. 40 41 Section 2: The Kodiak Island Borough Code of Ordinances Title 2 Administration and 42 Personnel Chapter 105 Planning and Zoning Commission Section 2.105.010 43 Created — Membership shall be amended to read as follows: 44 45 2.105.010 Created — Membership. 46 There is created pursuant to AS 29.40.020 a planning and zoning commission, which 47 shall consist of seven members appointed by the mayor subject to confirmation by the 48 assembly, except that a member from a home rule or first class city shall be selected from a 49 list of recommendations submitted by the council. Commission membership shall be Kodiak Island Borough Ordinance No. FY2012 -04 Page 1 of 3 50 apportioned so that the number of members from home rule or first class cities within the 51 borough reflects the proportion of borough population residing within those cities. 52 Commission membership shall be reapportioned according to the fluctuation of population 53 within the borough and its home rule and first class cities by resolution of the assembly at 54 the expiration of the terms of commission members. Borough employees may be 55 appointed to serve on the planning and zoning commission unless they are employed 56 by the community development department. Nothing in this section prevents the mayor 57 from appointing additional persons to serve in an advisory or ex officio capacity without 58 regard to apportionment of borough population. 59 60 Section 3: The Kodiak Island Borough Code of Ordinances Title 2 Administration and 61 Personnel Chapter 145 Solid Waste Advisory Board Section 2.145.010 62 Created — Membership shall be amended to read as follows: 63 64 2.145.010 Created — Membership. 65 There is created a solid waste advisory board that shall consist of seven borough 66 residents, inclusive of the city of Kodiak, who represent a cross- section of the social and 67 economic structure of the community. Preferably, two out of the seven seats shall be 68 designated to representatives from the construction and retail business community. All 69 members are appointed in accordance with KIBC 2.100.030 and shall meet the 70 qualifications of KIBC 2.100.040. Borough employees may be appointed to serve on the 71 solid waste advisory board unless they are employed by the engineering and facilities 72 department. There will be four nonvoting ex officio members, one of which shall be an 73 assembly member appointed by the mayor; one shall be a KIB staff member appointed by 74 the manager; one shall be representative from the United States Coast Guard appointed by 75 the ISC commanding officer; and one city of Kodiak staff member appointed by the city 76 manager. Each ex officio member may participate in all discussions. 77 78 Section 4: The Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance 79 Chapter 3.35 Real Property Tax Section 3.35.050 Board of Equalization is 80 hereby amended as follows: 81 82 3.35.050 Board of equalization. 83 2. Qualifications. Members and alternate members should be appointed on the basis of 84 their expertise in real and personal property appraisal, the real estate market, the personal 85 property market, and other fields related to their functions as board members. Each member 86 shall be a qualified voter of the borough and shall remain a resident of the borough while in 87 office. Borough employees may be appointed to serve on the board of equalization 88 unless they are employed by the finance or assessing departments. 89 90 Section 5: The Kodiak Island Borough Code of Ordinances Title 7 Elections Chapter 91 7.20 Qualifications of Voters and Candidates Section 7.20.020 Candidate Qualifications is 92 hereby amended as follows: 93 94 7.20.020 Candidate qualifications. 95 A. Candidates for mayor, assembly, and school board must be qualified voters of the 96 borough and residents of the borough for one year at the time of filing. Kodiak Island Borough Ordinance No. FY2012 -04 Page 2 of 3 97 B. A person may not serve simultaneously as mayor and as a member of the assembly, as 98 mayor and a member of the school board, or as a member of the assembly and member of 99 the school board. 100 C. No elected official of the borough, except members of service areas boards, may hold 101 any other compensated borough office or borough employment, or elected position in the 102 state or federal government, while in office. 103 D. No person shall be a candidate for more than one assembly seat at any election. 104 E. Candidates for service area boards must be qualified voters of the borough and residents 105 of the service area for at least 30 days immediately preceding filing for office. 106 F. Candidates shall provide proof that they are eligible, or shall be eligible by the date of the 107 election, to be recognized as a candidate for any election. 108 G. Write -in candidates for mayor, assembly, and school board shall file an Alaska Public 109 Offices Commission (APOC) official financial disclosure statement with the clerk as required 110 by the provisions of AS 39.50. 111 112 Section 6: This ordinance shall become effective upon adoption. 113 114 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 115 THIS DAY OF 2011 116 117 KODIAK ISLAND BOROUGH 118 119 120 Jerome M. Selby, Borough Mayor 121 122 ATTEST: 123 124 125 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2012 -04 Page 3 of 3 KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 4, 2011 REGULAR MEETING ITEM NO: 13.B.1 TITLE: Resolution No. FY2012 -05 Authorizing the Records Manager to Dispose of Certain Kodiak Island Borough Records. SUMMARY: Kodiak Island Borough Code 2.40.160 provides for the destruction of records which were certified by the clerk and attorney as having no legal or administrative value, or historical interest. The attached list of records is not of historical, legal, nor administrative value, and have met the minimum retention requirements. FISCAL NOTES: N/A Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Resolution No. FY2012 -05. Introduced by: Borough Clerk Requested by: Borough Clerk Drafted by: Records Manager Introduced: 08/04/2011 Adopted: 1 KODIAK ISLAND BOROUGH 2 RESOLUTION NO. FY2012 -05 3 4 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 5 AUTHORIZING THE RECORDS MANAGER TO DISPOSE 6 OF CERTAIN KODIAK ISLAND BOROUGH RECORDS 7 8 WHEREAS, Resolution No. 95 -01 and amendments provide the minimum retention 9 requirements for specific records; and 10 11 WHEREAS, the department directors have reviewed and authorized the destruction of the 12 specific records attached to this resolution; and 13 14 WHEREAS, Kodiak Island Borough Code 2.40.160(B) provides for the destruction of 15 records which were certified by the clerk and attorney as having no legal or administrative 16 value or historical interest; and 17 18 WHEREAS, Series FI -42 are not going to be included in the destruction because of 19 pending litigation; and 20 21 WHEREAS, the attorney found no other documents on the list which have unusual legal, 22 administrative, or historical interest. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 25 BOROUGH THAT: 26 27 Section 1: The attached lists of records are not of a historical, legal, nor administrative 28 value and have met the minimum retention requirements. 29 30 Section 2: These records may be destroyed as provided by Kodiak Island Borough 31 Code 2.40.160(D). 32 33 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 34 THIS OF 2011 35 36 KODIAK ISLAND BOROUGH 37 38 39 40 Jerome M. Selby, Borough Mayor 41 ATTEST: 42 Kodiak Island Borough Resolution No. FY2012 -05 Page 1 of 4 43 44 45 Nova M. Javier, MMC, Borough Clerk SERIES# E RECORD f COMMENTS x l LOCATIONS FY _ # 47F1 - 4� : t: y° �1 a< I YEAR DC -01 Parent Files Childcare family eligibility files J -6 -02 2004 DC -03 Financial Reporting Attendance and billing reports H -5 -14 2004 DC -04 Grant Administration Files Special needs and Child Care J -6 -02 2004 Connection DC -05 Child Care Provider Written agreement between grantee, H -2 -13 2004 Authorizations provider, and parent, S — T DC -05 Child Care Provider Written agreement between grantee, H -2 -14 2004 Authorizations provider, and parent, A — R DC -08 Provider Files Provider information J -6 -02 2004 DC -08 Provider Files Provider Information H -2 -13 2004 DC -09 Wait List Prioritized list of eligible families H -2 -13 2004 46 ,�., s T.Z:42* _ fl4`�-�`'�.,','�,`� tBOROUGHtCEERK -",W .... E 47N -s:,.' °; t ..,„ s SERIES# , RECORDISERIES � ` 4 ICOMME x NTS : iLO tr CATIO f FY 144 '- i te, t, `,ff.�xi'ai . ,4ft' , ..e. ,.°u°"z..` n ^;r .� .- - }.#r e, s. C'P. ,,Y,EARi BC -06 Assembly Meeting Tapes Video tapes E -3 -06 2006 BC -06 Assembly Meeting Tapes Audio tapes E -6 -02 2006 BC -09 Boards, Committees, and General information and applications Clerk's office 2008 Commissions BC -43 Liquor Licenses Applications for liquor licenses Clerk's office 2007 BC -46 Plat Log Plat log details, property owner, and plat Clerk's office 2008 location. Backup documentation. BC -51 Licenses, Games Games of chance and skill permit Clerk's office 2007 applications BC -61 Travel Accounting Documentation of travel for mayor, Clerk's office 2007 assembly, and clerk's office 47 i stnit.130R,Op i pAPLI ERI ELECTIONS.: '$° ': `' , , ; ' .: ,3SERIES# r* lRECORD3SERIE% "02 COMMENT t" i! } L'OCATION" FY ; E. t; SgAt a #N.. w ,r =: f;�'rc�vc ,.YEAR " EL -01 Voted Ballots Municipal election — October 2010 Clerk's office 2011 EL -02 Certificates of Election Copies of election certificates presented Clerk's office 2007 to candidates upon verification - October 2006 EL -04 Election Registers and Precinct registers and tally books Clerk's office 2007 Tally Books October 2006 EL -07 Declaration of Candidacy Declarations executed under oath Clerk's office 2007 October 2006 EL -08 Financial Disclosure Conflict of Interest — APOC statements Clerk's office 2004 Statements EL -11 Candidates List List of candidates — October 2006 Clerk's office 2007 Kodiak Island Borough Resolution No. FY2012 -05 Page 2 of 4 EL -13 Election Officials Records Recruitment materials, interest letters, Clerk's office 2007 training notes — October 2006 48 � ' --:. s ` COMMUNITY�4DEVELOPMENT�€gDEPARTMENT , ° "" " +" �.�r;.�*.ff#...s�_v_a �- .,.e- . ..A' P.' � _i a, ».,y.,. 1 .. r.P .�., .vs .,.a, rsa?S"; �1 .`.'; #SERIES# yff RECORDASERIESf ,,,ir : J .. :LOCATION FYj2 . `' , 4�'�' F3z z �[, _ . . . _`^ "'. 4 �-f "fie t"vc.r rtft -3�... c •.a -, � -i� , ?z �°. �..a+rx.. �?`+�: m. e�".v- ",.��' m YEAR CD -06 Coastal Zone Coastal Zone Management shelf files H -3 -04 2004 Management correspondence CD -11 Junk Removal Files Correspondence, reports, photos, and E -7 -07 2004 ownership, files 49 ITIP:` ' , - ., f . ; ; 1 ' sciMEN9INEERINGr pz! ftCILITI ' :gitagil;a ;_O , itil SERIES #, SRECORDISERIESaq i 3� ielacOMMENTS " wct LOCATION? FY ,= « i 52r, ,' . J "tt . e. , r t v a E4'..S'�` k �+o'is to �`r5a 'tt e .,, -, �,�.:� �^ _ _ _: x� ::.° .- , �., s �+�..,s...- .i�� r � �`: �. �_, _ : � ..' .1 y_ _ t ,. .YEAR: EF -08 Solid Waste Management Collection and disposal reports C -5 -03 2004 50 Alt € y±; - ° Rx. F'INANCEiDEPARTMENT , 4 C.7 'rf 1:61` •?SERIES# IRECORD'aSERIES4 4 `s2` t COMMENTS ; "1*" $ OCATION ;1FYY" .... .., t.i .. :22f.=...'v : U.. w. a 'v.* F iw:; s. _su ts:r -:. .ai ,. a =d -*�s . PEAR: FI -06 Journal Vouchers Accounting reports A -7 -02 2004 FI -07 Property Tax Accounting Tax billing, payments, and adjustments A -4 -04 2004 FI -09 Property Tax — Monthly reports A -5 -01 2000 Tax Foreclosure FI -09 Property Tax — Monthly reports A -6 -08 2001 Tax Foreclosure FI -09 Property Tax — Monthly reports B -7 -07 2001 Tax Foreclosure FI -11 Utility Monthly Reports Residential accounting reports (utility) A -1 -05 2004 FI -13 Accounts Payable Copies of invoices - A A -1 -07 2004 FI -13 Accounts Payable Copies of invoices— B - D A -1 -08 2004 FI -13 Accounts Payable Copies of invoices - E - J A -1 -09 2004 FI -13 Accounts Payable Copies of invoices - K - L A -1 -11 2004 FI -13 Accounts Payable Copies of invoices - M - S A -1 -12 2004 FI -13 Accounts Payable Copies of invoices A -2 -03 2004 FI -13 Accounts Payable Copies of invoices - S - Z A -2 -05 2004 FI -14 Accounts Receivable Daily cash receipts A -1 -01 2004 FI -15 Accounts Receivable Daily record of cash receipts A -1 -03 2004 FI -15 Accounts Receivable Daily record of cash receipts A -1 -04 2004 FI -15 Accounts Receivable Daily record of cash receipts A -1 -06 2004 FI -15 Accounts Receivable Daily record of cash receipts A -2 -01 2004 FI -15 Accounts Receivable Daily record of cash receipts A -2 -02 2004 Kodiak Island Borough Resolution No. FY2012 - 05 Page 3 of 4 FI -15 Accounts Receivable Daily record of cash receipts A -3 -01 2004 FI -15 Accounts Receivable Daily record of cash receipts A -3 -02 2004 FI -15 Accounts Receivable Daily record of cash receipts A -3 -03 2004 FI -19 Bank Reconciliation Statements of account activity A -6 -03 2004 Statements FI -19 Bank Reconciliation Statements of account activity A -6 -08 2001 Statements FI -33 Baler Monthly Acct. Invoice report and invoice copies, and A -1 -02 2004 Reports aging report FI -33 Baler Monthly Acct. Invoice report and invoice copies, and A -2 -04 2004 Reports aging report FI -33 Baler Monthly Acct. Invoice report and invoice copies, and A -4 -01 2004 Reports aging report FI -33 Baler Monthly Acct. Invoice report and invoice copies, and A -4 -02 2004 Reports aging report FI -34 Sanitation Monthly Acct. Consumption reports, aging, payments, A -3 -04 2004 Reports adjustments, billing register, and copy of bills FI -36 Fund Investment Records Buy /sell orders, confirmations, and A -6 -01 2004 ledgers FI -37 Grant Files Official documents for receipt of grant A -6 -04 2004 funds FI -39 Severance Taxes Official documents for receipt of grant A -6 -02 2004 funds FI -40 Request For Proposals Response to request for proposals — Clerk's office 2006 not selected FI -40 Request For Proposals Response to request for proposals — not Clerk's office 2007 selected *FI 12 JE Editc Cash rocoipts and chock rogictor by B 2 07 2908 detail 51 w` s .- o a ... s- ss r ; 'MANAGER S OFF.ICE ' x ; S ERIE alit . •RECORD SERIES* . ,= . CCOMMENTV - !OCAT,ION ;. FYr'' MG -04 Litigation Case Files Documents civil actions by or against the Hall 01 2001 borough — CONFIDENTIAL Doe /Roe vs KIB, Simeonoff, McNair MG -04 Litigation Case Files Documents civil actions by or against the Hall 03 2001 borough — CONFIDENTIAL Doe /Roe vs KIB, Simeonoff, McNair 52 7 j,, le$'MAYOR "1 011 9 /1 9 9x) a a¢ SERIES# RECORD;SERIES 4 s' F :;) %LocATioto i- FY . YEAR _^ MA-01 Mayor's Reading Files Copies of outgoing letters and E-1 -08 2001 memoranda arranged by date 53 Kodiak Island Borough Resolution No. FY2012 -05 Page 4 of 4 KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 4, 2011 REGULAR MEETING ITEM NO: 13.B.2 TITLE: Resolution No. FY2012 -06 Providing for the Issuance of Solid Waste Disposal Facility Revenue Bonds of the Borough for the Purpose of Providing Amounts to Acquire, Engineer, Design, and Construct Necessary Additions and Improvements to the Borough's Solid Waste Disposal Facility; and Providing for the Details Thereof. SUMMARY: This resolution allows the Borough to issue $3,640,000 of solid waste disposal revenue bonds to finance the initial architectural and engineering design work to enlarge the landfill (cell 1). At this time, we are planning on selling an additional $10,000,000 bonds to finish construction of cell 1 at the landfill. FISCAL NOTES: Account No.: Amount Budgeted: Not budgeted at this time. Expenditure Required: Annual payment will be approximately $324,000 for 15 years. APPROVAL FOR AGENDA: It RECOMMENDED MOTION: Move to adopt Resolution No. FY2012 -06 1 Introduced by: Borough Assembly 2 Requested by: Borough Assembly 3 Drafted by: Borough Attorney Introduced on: 08/04/2011 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2012 -06 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH PROVIDING FOR THE ISSUANCE OF SOLID WASTE 11 DISPOSAL FACILITY REVENUE BONDS OF THE BOROUGH FOR THE 12 PURPOSE OF PROVIDING AMOUNTS TO ACQUIRE, ENGINEER, 13 DESIGN, AND CONSTRUCT NECESSARY ADDITIONS AND 14 IMPROVEMENTS TO THE BOROUGH'S SOLID WASTE DISPOSAL 15 FACILITY; AND PROVIDING FOR THE DETAILS THEREOF 16 17 WHEREAS, the Kodiak Island Borough, Alaska, (the "Borough ") owns, operates and 18 maintains a solid waste disposal facility which is in need of certain additions, improvements 19 and extensions; and 20 21 WHEREAS, the Constitution and statutes of the State of Alaska and the ordinances of the 22 Borough permit the Borough to issue revenue bonds to finance any project which serves a 23 public purpose which bonds are secured only by the revenues of the project and which do 24 not constitute a debt or pledge of the faith and credit or taxing power of the Borough and 25 which may be authorized by the Assembly; and 26 27 WHEREAS, it is necessary to establish the form, conditions, covenants and method of sale 28 of such bonds and to make provision for establishing the amount, maturities, interest rates 29 and redemption rights and other terms; 30 31 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 32 BOROUGH, ALASKA: 33 34 Section 1. Purpose. The purpose of this resolution is to authorize the issuance and sale 35 of not to exceed $3,650,000 of solid waste disposal facility revenue bonds, to fix the form, 36 covenants and method of sale of the bonds, to provide for establishing the amount, 37 maturities, interest rates, redemption rights and other terms of the bonds and to fix the 38 conditions under which additional solid waste disposal facility revenue bonds may be issued 39 on a parity with the bonds. 40 41 Section 2. Definitions. As used in this resolution, unless a different meaning clearly 42 appears from the context: 43 Kodiak Island Borough Resolution No. FY2012 -06 Page 1 of 18 44 "Arbitrage and Tax Certificate" means the certificate executed and delivered by the 45 Borough at the time of issuance and delivery of the Bonds setting forth the Borough's 46 expectations as to the use of Bond proceeds. 47 48 "Annual Debt Service Requirement" means, with respect to any particular Fiscal 49 Year and to any specified bonds, an amount equal to (i) interest accruing during such Fiscal 50 Year on such bonds, except to the extent such interest is to be paid from deposits in the 51 Debt Service Subaccount from bond proceeds, (h) the principal amount of such bonds due 52 during such Fiscal Year for which no sinking fund installments have been established, plus 53 (iii) the unsatisfied balance of any sinking fund installment for such bonds due during such 54 Fiscal Year. 55 56 "Assembly" means the general legislative authority of the Borough, as the same may 57 be constituted from time to time. 58 59 "Bond Account" means the Solid Waste Disposal Revenue Bond Account created by 60 Section 12 of this resolution. 61 62 "Bond Register" means the registration books maintained by the Registrar containing 63 the names and addresses of the owners of the Bonds. 64 65 "Bonds" means the Kodiak Island Borough, Alaska, Solid Waste Disposal Facility 66 Revenue Bonds, 2011. 67 68 "Bond Year" has the meaning given such term in the Arbitrage and Tax Certificate. 69 70 "Borough" means the Kodiak Island Borough, Alaska, a municipal corporation 71 organized and existing under the Constitution and laws of the State of Alaska. 72 73 "Code" means the Internal Revenue Code of 1986, as amended, and all applicable 74 regulations thereunder. 75 76 "Consulting Engineer" means an independent consulting engineer or engineering 77 firm licensed to practice in the State of Alaska, retained and appointed pursuant to Section 78 15(F). 79 80 "Debt Service Subaccount" means the Debt Service Subaccount created in the Bond 81 Account by Section 12 hereof. 82 83 "Facility" means the Borough's solid waste disposal facility. 84 85 "Fiscal Year" means the 12 -month period commencing on July 1 each year through 86 and including June 30 of the following calendar year. Kodiak Island Borough Resolution No. FY2012 -06 Page 2 of 18 87 88 "Future Parity Bonds" means any solid waste disposal revenue bonds, notes or other 89 obligations of the Borough, other than the Bonds, issued under a resolution wherein the 90 Borough pledges that the payments to be made out of the Pledged Revenues into the Bond 91 Account and Reserve Subaccount therein to pay and secure the payment of the principal of 92 and interest on such revenue bonds, notes or other obligations will be on a parity with the 93 payments required by this resolution to be made out of such Pledged Revenues into such 94 Bond Account and Reserve Subaccount to pay and secure the payment of the principal of 95 and interest on the Bonds. 96 97 "Government Obligations" means direct obligations, or obligations on which the 98 payment of and interest on are unconditionally guaranteed by the United States. 99 100 "Loan Agreement" means the Loan Agreement between the Borough and the Alaska 101 Municipal Bond Bank. 102 103 "Net Revenues" means, for any Fiscal Year, all amounts received by the Borough 104 and deposited in the Solid Waste Disposal Fund and interest and profits derived from the 105 investment of moneys held in the Solid Waste Disposal Fund during such period, less 106 Operating Expenses for such period. 107 108 "Operating Expenses" means, for any Fiscal Year, the expenses incurred for 109 operation, maintenance or repair of the Facility. Operating Expenses shall not include any 110 allowances for depreciation or amortization or any principal, redemption price or purchase 111 price of, or interest on, any obligations of the Borough incurred in connection with and 112 payable from Pledged Revenues or any fee or charge in lieu of Borough taxes. 113 114 "Parity Bonds" means the Bonds and any Future Parity Bonds. 115 116 "Pledged Revenues" means Net Revenues and interest received and profits derived 117 from the investment of moneys obtained from moneys held in any fund solely to pay or 118 secure the payment of any Parity Bonds issued under this resolution. 119 120 "Registered Owner" means the person named as the registered owner of a Parity 121 Bond in the Bond Register. 122 123 "Registrar" means the Finance Director of the Borough. 124 125 "Reserve Subaccount" means the Reserve Subaccount created in the Bond Account 126 by Section 12 hereof. 127 128 "Reserve Subaccount Requirement" means an amount equal to the least of (i) 10% 129 of the initial principal amount of all outstanding Parity Bonds, (ii) 125% of the average Kodiak Island Borough Resolution No. FY2012 -06 Page 3 of 18 130 Annual Debt Service Requirement for all outstanding Parity Bonds, and (iii) the maximum 131 Annual Debt Service Requirement on all outstanding Parity Bonds. 132 133 Section 3. Authorization of Bonds and Purpose of Issuance. The Borough shall enter 134 into the Loan Agreement and issue and sell an issue of revenue bonds designated "Kodiak 135 Island Borough, Alaska Solid Waste Disposal Facility Revenue Bonds, 2011" (the "Bonds ") 136 in the aggregate principal amount of not to exceed $3,650,000. The proceeds of the Bonds 137 shall be used to pay the costs of certain additions, betterments and extensions of the Facility 138 consisting principally of design, engineering, reconstruction and installation of a portion of 139 the Borough's Facility. These projects serve a public purpose of the Borough. 140 141 Section 4. Date, Maturities, Interest Rates and Other Details of the Bonds. The Bonds 142 shall be dated on such dates, and mature on such dates not later than December 31, 2026, 143 and shall bear interest from their date payable on such dates, and at such rates, not 144 exceeding 6% per annum, as the Manager or Finance Director may fix and determine at or 145 prior to the time of sale of the Bonds. 146 147 The Bonds shall be fully registered as to both principal and interest, shall be in the 148 denomination of $5,000 each, or any integral multiple thereof, and shall be numbered 149 separately in such manner and with any additional designation as the Registrar deems 150 necessary for purposes of identification. 151 152 Section 5. Place and Medium of Payment. Both principal of and interest on the Bonds 153 shall be payable in lawful money of the United States of America. For so long as all 154 outstanding Bonds are registered in the name of the Alaska Municipal Bond Bank, payments 155 of principal and interest thereon shall be made as provided in the Loan Agreement. In the 156 event that the Bonds are no longer registered in the name of the Alaska Municipal Bond 157 Bank, interest on the Bonds shall be paid to the Registered Owners of the Bonds at the 158 addresses for such Registered Owners appearing on the Bond Register on the 20th day of 159 the month preceding the interest payment date. Principal of the Bonds shall be payable 160 upon presentation and surrender of the Bonds by the Registered Owners at the principal 161 office of the Registrar. 162 163 Section 6. Registration. 164 165 A. Bond Register. The Bonds shall be issued only in registered form as to both 166 principal and interest. The Registrar shall keep, or cause to be kept, a bond register. 167 168 B. Registered Ownership. The Borough and the Registrar, each in its discretion, 169 may deem and treat the Registered Owner of each Bond as the absolute owner thereof for 170 all purposes, and neither the Borough nor the Registrar shall be affected by any notice to 171 the contrary. Payment of any such Bond shall be made only as described in Section 5 172 hereof, but such registration may be transferred as herein provided. All such payments Kodiak Island Borough Resolution No. FY2012 -06 Page 4 of 18 173 made as described in Section 5 shall be valid and shall satisfy and discharge the liability of 174 the Borough upon such Bond to the extent of the amount or amounts so paid. 175 176 C. Transfer or Exchange. Bonds shall be transferred only upon the Bond 177 Register kept by the Registrar. Upon surrender for transfer or exchange of any Bond at the 178 office of the Registrar, with a written instrument of transfer or authorization for exchange in 179 form and with guaranty of signature satisfactory to the Registrar, duly executed by the 180 registered owner or its duly authorized attorney, the Borough shall execute and the 181 Registrar shall deliver an equal aggregate principal amount of Bonds of the same maturity of 182 any authorized denominations, subject to such reasonable regulations as the Registrar may 183 prescribe and upon payment sufficient to reimburse it for any tax, fee or other governmental 184 charge required to be paid in connection with such transfer or exchange. All Bonds 185 surrendered for transfer or exchange shall be cancelled by the Registrar. The Registrar 186 shall not be required to transfer or exchange Bonds subject to redemption during the 15 187 days preceding any principal or interest payment date or the date of mailing of notice of 188 redemption of such Bonds, or any Bond after such Bond has been called for redemption. 189 190 D. Registration Covenant. The Borough covenants that, until all Bonds have 191 been surrendered and cancelled, it will maintain a system for recording the ownership of 192 each Bond that complies with the provisions of Section 149 of the Code. 193 194 Section 7. Redemption. The Bonds maturing on or after September 1, 2022 are subject 195 to redemption on or after September 1, 2021, and may be redeemed at the times and in the 196 manner described in the Loan Agreement. When the Borough determines to redeem any 197 Bonds not owned by the Bond Bank: 198 199 A. The Borough shall give notice of such redemption, which notice shall state 200 the redemption date and identify the Bonds to be redeemed by reference to their numbers 201 and further state that on such redemption date there shall become due and payable upon 202 each such Bond the principal amount thereof plus the applicable premium, if any (the 203 "Redemption Price "), together with interest accrued to the redemption date, and that from 204 and after such date interest thereon shall cease to accrue. Such notice shall be given at 205 least thirty (30) days but not more than forty -five (45) days prior to the redemption date by 206 first class mail, postage prepaid, to the registered owner of any Bond to be redeemed at the 207 address appearing on the Bond Register. 208 209 B. Notice of Redemption having been given in the manner provided in this 210 Resolution, the Bonds so called for redemption shall become due and payable on the 211 redemption date stated in the notice at the applicable Redemption Price plus interest 212 accrued and unpaid to the redemption date upon presentation and surrender thereof, 213 together with a written instrument of transfer duly executed by the registered owner or the 214 owner's duly authorized attorney. 215 Kodiak Island Borough Resolution No. FY2012 -06 Page 5 of 18 216 Section 8. Form of Bonds. The form of the Bonds shall be substantially as follows: 217 218 No. $ 219 220 UNITED STATES OF AMERICA 221 222 KODIAK ISLAND BOROUGH, ALASKA 223 SOLID WASTE DISPOSAL FACILITY REVENUE BOND, 2011 224 225 REGISTERED OWNER: 226 227 PRINCIPAL AMOUNT: 228 229 The Kodiak Island Borough, Alaska (the "Borough "), a municipal corporation of the State of 230 Alaska, hereby acknowledges itself to owe and for value received promises to pay to the 231 Registered Owner identified above, or its registered assigns, from the sources stated herein, 232 the Principal Amount indicated above in the following installments on of each 233 of the following years, and to pay, from the sources stated herein, interest on such 234 installments from the date hereof, payable on , 2012 and semiannually 235 thereafter on the first days of each and of each year, at the 236 rates per annum as follows: 237 238 Maturity Principal Interest 239 Date Amount Rate 240 241 For so long as this Bond is owned by the Alaska Municipal Bond Bank (the "Bond 242 Bank "), payment of principal and interest shall be made as provided in the Loan Agreement 243 between the Bond Bank and the Borough. In the event that this Bond is no longer owned by 244 the Bond Bank, payment of principal of and interest on this Bond will be made by check or 245 draft mailed by first class mail to the registered owner at the address appearing on the bond 246 register of the Borough, provided that the final installment of principal and interest on this 247 Bond will be payable at the office of the Finance Director (the "Registrar ") upon surrender of 248 this Bond. Interest shall be computed on the basis of a 360 -day year composed of twelve 249 30 -day months. Both principal of and interest on this bond are payable in lawful money of 250 the United States of America solely out of the special fund of the Borough known as the 251 "Solid Waste Disposal Revenue Bond Account" created by Section 12 of Resolution No. FY 252 2012- . 253 254 This bond is one of an issue of bonds (the "Bonds ") of like date and tenor except as 255 to number, rate of interest, and date of maturity, aggregating the principal sum of 256 $ and is issued pursuant to the Constitution and statutes of the State of Alaska 257 and the duly adopted resolutions and ordinances of the Borough, including Resolution No. 258 FY 2012- (the "Bond Resolution "). The definitions contained in the Bond Resolution Kodiak Island Borough Resolution No. FY2012 -06 Page 6 of 18 259 shall apply to capitalized terms contained herein. The Bonds are being issued for the 260 purpose of financing certain design, engineering, and capital improvements to the Borough's 261 Solid Waste Disposal Facility. 262 263 Bonds owned by the Bond Bank, or its registered assigns, maturing on or after 264 , may be called for redemption on or after _ _, 20_on any 265 date, in whole or in part, at the option of the Borough at a price equal to 100% of the 266 principal amount thereof to be redeemed plus accrued interest to the date of redemption as 267 described in the Loan Agreement. 268 269 Bonds not owned by the Bond Bank maturing on or after September 1, 2022 may be 270 called for redemption by or on behalf of the Borough prior to maturity and upon notice as set 271 forth in the Bond Resolution as a whole on any date or in part on or after September 1, 2021 272 at a redemption price of 100% of the principal amounts thereof, together with interest 273 thereon to the redemption date. 274 275 The Borough does hereby pledge and bind itself to set aside out of Pledged 276 Revenues of the Borough and to pay into the Bond Account the various amounts required 277 by the Bond Resolution to be paid into and maintained in the Bond Account all within the 278 times provided in the Bond Resolution. 279 280 The pledge of Pledged Revenues contained herein and in the Bond Resolution may 281 be discharged by making provision, at any time, for the payment of the principal of and 282 interest on this Bond in the manner provided in the Bond Resolution. 283 284 The pledge of amounts to be paid into the Bond Account is hereby declared to be a 285 lien and charge upon the Pledged Revenues superior to all other charges of any kind or 286 nature and equal in rank to the lien and charge thereon for amounts pledged to the payment 287 of any Future Parity Bonds hereafter issued. 288 289 The Borough has further bound itself to maintain the Facility in good condition and 290 repair, to operate the same in an efficient manner and at a reasonable cost, and to 291 establish, maintain and collect fees for as long as any Parity Bonds are outstanding that will 292 provide Pledged Revenues in an amount equal to at least 1.25 times the maximum Debt 293 Service Requirement for such year on all outstanding Parity Bonds. 294 295 It is hereby certified that all acts, conditions and things required by the Constitution 296 and statutes of the State of Alaska and the resolutions of the Borough to be done precedent 297 to and in the issuance of this bond have happened, been done and performed. 298 299 IN WITNESS WHEREOF, the Kodiak Island Borough, Alaska, has caused this bond 300 to be executed with the manual or facsimile signature of its Mayor and to be countersigned Kodiak Island Borough Resolution No. FY2012 -06 Page 7 of 18 301 with the manual or facsimile signature of its Clerk and the official seal of the Borough to be 302 impressed or imprinted hereon, as of this day of , 2011. 303 304 KODIAK ISLAND BOROUGH, ALASKA 305 306 307 308 Jerome M. Selby, Borough Mayor 309 310 ATTEST: 311 312 313 314 Nova M. Javier, MMC, Borough Clerk 315 316 Section 9. Execution of Bonds. The Bonds shall be executed on behalf of the Borough 317 with the manual or facsimile signature of the Mayor of the Borough, attested by the manual 318 or facsimile signature of the Clerk. The official seal of the Borough shall be impressed or 319 imprinted on each Bond. The execution of a Bond on behalf of the Borough by persons that 320 at the time of the execution are duly authorized to hold the proper offices shall be valid and 321 sufficient for all purposes, regardless of whether any such person shall have ceased to hold 322 office at the time of issuance and delivery of the Bond or shall not have held office on the 323 date of the Bond. 324 325 Section 10. Mutilated, Destroyed, Stolen or Lost Bonds. Upon surrender to the Registrar 326 of a mutilated Bond, the Borough shall execute and deliver a new Bond of like maturity and 327 principal amount. Upon filing with the Registrar of evidence satisfactory to the Borough that 328 a Bond has been destroyed, stolen or lost and of the ownership thereof, and upon furnishing 329 the Borough with indemnity satisfactory to it, the Borough shall execute and deliver a new 330 Bond of like maturity and principal amount. The person requesting the authentication and 331 delivery of a new Bond pursuant to this section shall comply with such other reasonable 332 regulations as the Borough may prescribe and pay such expenses as the Borough may 333 incur. Any Bonds issued pursuant to this section in substitution for Bonds alleged to be 334 destroyed, stolen or lost shall constitute original additional contractual obligations on the part 335 of the Borough, whether or not the Bonds alleged to be destroyed, stolen or lost be at any 336 time enforceable by anyone, and shall be equally and proportionately secured with all other 337 Bonds issued hereunder. 338 339 Section 11. Priority of Use of Pledged Revenues. Pledged Revenues are hereby pledged 340 to and shall be used only for the following purposes and in the following order of priority: 341 Kodiak Island Borough Resolution No. FY2012 -06 Page 8 of 18 342 First, to make all payments, including sinking fund payments, required to be made 343 into the Debt Service Subaccount for the payment of the principal of and interest on Parity 344 Bonds; 345 346 Second, to make all payments required to be made into the Reserve Subaccount; 347 348 Third, to make all payments, including sinking fund payments, required to be made 349 into a subordinate lien debt service account for the payment of the principal of and interest 350 on any subordinate lien bonds; 351 352 Fourth, to make all payments required to be made into a reserve account for 353 subordinate lien bonds; and 354 Fifth, to pay the costs of additions, betterments, improvements and repairs to and 355 extensions and replacements of the Facility, to purchase or redeem Facility improvement 356 revenue bonds or notes of the Borough, or for any other proper purpose in connection with 357 the operation of the Facility. 358 359 Section 12. Solid Waste Disposal Revenue Bond Account and Subaccounts Therein. 360 There is hereby created a special restricted account within the Solid Waste Fund of the 361 Borough known as the "Solid Waste Disposal Revenue Bond Account" (the "Bond 362 Account "), which account is to be drawn upon for the sole purpose of paying the principal of 363 and interest and premium, if any, on all Parity Bonds. The Bond Account consists of two 364 subaccounts, the Debt Service Subaccount and the Reserve Subaccount. Amounts 365 pledged to be paid into the Bond Account are hereby declared to be a lien and charge upon 366 Pledged Revenues superior to all other charges of any kind or nature and equal in rank to 367 the charge thereon to pay and secure the payment of the principal of and interest on all 368 Parity Bonds. 369 370 From and after the time of issuance and delivery of the Bonds and as long thereafter 371 as any of the same remain outstanding, the Borough hereby irrevocably obligates and binds 372 itself to set aside and pay the following each month into the Debt Service Subaccount out of 373 Pledged Revenues on or before the date due: 374 375 A. Such amounts, in approximately equal monthly installments, as will be 376 sufficient to accumulate the amount required to pay the interest scheduled to become due 377 on Parity Bonds on the next interest payment date; and 378 379 B. Such amounts, in approximately equal monthly installments, as will be 380 sufficient to accumulate (i) the principal amount of all Parity Bonds due for which no sinking 381 fund installments have been established, plus (ii) the unsatisfied balance of any sinking fund 382 installment for Parity Bonds, in each case during the next 12 months. 383 Kodiak Island Borough Resolution No. FY2012 -06 Page 9 of 18 384 C. For so long as Parity Bonds are held by the Bond Bank, the Borough will pay 385 such amounts into the Debt Service Subaccount out of Pledged Revenues as may be 386 required by the Loan Agreement. 387 388 Moneys in the Debt Service Subaccount may be held in cash or invested in 389 accordance with Borough policy such that investments will mature prior to the time such 390 money is required for the payment of the principal of or interest on the Parity Bonds. All 391 interest earned on and profits derived from such investments shall remain in and become a 392 part of the Debt Service Subaccount. 393 394 Section 13. Reserve Subaccount. The Borough hereby covenants and agrees that it will 395 at the time of issuance of the Bonds cause amounts to be paid into the Reserve Subaccount 396 such that the total amount in the Reserve Subaccount will be equal to the Reserve 397 Subaccount Requirement. 398 399 The Borough further covenants and agrees that it will set aside and pay into the 400 Reserve Subaccount amounts from Pledged Revenues, commencing with the first month 401 following the closing and delivery of the Bonds, so that the amount on deposit in the 402 Reserve Subaccount will at all times be at least equal to the Reserve Subaccount 403 Requirement. 404 405 The Borough further covenants and agrees that in the event it issues any Future 406 Parity Bonds hereafter it will provide in each resolution authorizing the same that at the time 407 of issuance of such Future Parity Bonds payments will be made into the Reserve 408 Subaccount such that the total amount of such payments together with the money already in 409 the Reserve Subaccount will be equal to the Reserve Subaccount Requirement. 410 411 The Borough further covenants and agrees that it will at all times maintain therein an 412 amount at least equal to the Reserve Subaccount Requirement until there is a sufficient 413 amount in the Bond Account and Reserve Subaccount to pay the principal of, premium, if 414 any, and interest on all outstanding Parity Bonds in the manner set forth in Section 19 415 hereof , at which time the money in the Reserve Subaccount may be used to pay such 416 principal, premium, if any, and interest; provided, however, that moneys in the Reserve 417 Subaccount may be withdrawn, or set aside in a special account in the Bond Account 418 pursuant to Section 19 of this resolution, to pay (with or without other available funds) the 419 principal, premium, if any, and interest on all of the outstanding Parity Bonds of any single 420 issue or series payable out of the Bond Account, so long as the moneys remaining on 421 deposit in the Reserve Subaccount are at least equal to the Reserve Subaccount 422 Requirement on all of the remaining outstanding Parity Bonds. The Borough may, from time 423 to time, transfer from the Reserve Subaccount to the Debt Service Subaccount amounts in 424 excess of the Reserve Subaccount Requirement. 425 Kodiak Island Borough Resolution No. FY2012 -06 Page 10 of 18 426 In the event there shall be a deficiency in the Debt Service Subaccount for meeting 427 maturing installments of either principal of or interest on Parity Bonds, such deficiency shall 428 be made up from the Reserve Subaccount by the withdrawal of cash therefrom. Any 429 deficiency created in the Reserve Subaccount by reason of any such withdrawal shall then 430 be made up from Pledged Revenues first available therefor after making necessary 431 provision for the required payments into the Debt Service Subaccount. 432 433 All money in the Reserve Subaccount may be kept in cash or invested in accordance 434 with the Arbitrage and Tax Certificate. Such investments shall mature not later than the last 435 maturity of Parity Bonds outstanding at the time of their purchase. Interest on any such 436 investments and /or any profits realized from the sale thereof shall be deposited in and 437 become a part of the Debt Service Subaccount. 438 439 Section 14. Investment of Certain Accounts. Moneys held in the Bond Account and in the 440 Reserve Subaccount shall be invested and reinvested to the fullest extent practicable in 441 accordance with Borough policy, such investments to mature not later than at such times as 442 shall be necessary to provide moneys when needed for payments to be made from such 443 Accounts, and in the case of the Reserve Subaccount not later than November 1, 2026. 444 445 Nothing in this resolution shall prevent any Government Obligations from being 446 issued or held in book -entry form on the books of the Department of the Treasury of the 447 United States. 448 449 Obligations purchased as an investment of moneys in any Account or Subaccount 450 created under this resolution shall be deemed at all times to be a part of such Account or 451 Subaccount and any profit realized from the liquidation of such investment shall be credited 452 to such Account or Subaccount and any loss resulting from the liquidation of such 453 investment shall be charged to the respective Account or Subaccount. 454 455 Section 15. Specific Covenants. The Borough hereby covenants with the owners of each 456 of the Parity Bonds for so long as any of the same remain outstanding as follows: 457 458 A. The Borough will establish, maintain, and collect Facility fees and Net 459 Revenues in each Fiscal Year that will provide Pledged Revenues in an amount equal to the 460 amount of the Annual Debt Service Requirement for such year on all outstanding Parity 461 Bonds. For so long as the Parity Bonds are held by the Alaska Municipal Bond Bank, the 462 Borough will establish, maintain, and collect Facility fees and Net Revenues as required by 463 the terms of the Loan Agreement, and the Finance Director will provide a certificate annually 464 to the Bond Bank as to compliance with this covenant. 465 466 B. The Borough will at all times maintain, preserve and keep the Facility and 467 every part and parcel thereof in good repair, working order and condition; will from time to 468 time make or cause to be made all necessary and proper repairs, renewals and Kodiak Island Borough Resolution No. FY2012 -06 Page 11 of 18 469 replacements thereto so that the business carried on in connection therewith may be 470 properly and advantageously conducted; and will at all times operate the Facility in an 471 efficient manner and at a reasonable cost. 472 473 C. The Borough will at all times carry such forms of insurance on such of the 474 buildings, equipment, and property of the Facility as are ordinarily insured in such amounts 475 and with such deductibles as under good business practice are ordinarily carried on such 476 facilities. All such insurance shall be carried with responsible insurers and the policies shall 477 be payable to the Borough. 478 479 D. The Borough will keep and maintain proper books and accounts with respect 480 to the operation of the Facility in such manner as prescribed by any authorities having 481 jurisdiction over the Facility; will cause its books and accounts to be audited annually be a 482 certified public accountant not later than 210 days following the end of each Fiscal Year, 483 copies of which audits shall, upon request, be furnished to the owners of the Parity Bonds. 484 The audit shall show whether or not the Borough has in all respects performed and complied 485 with the covenants set forth in this resolution, including the payments into the Debt Service 486 Subaccount and Reserve Subaccount provided for herein. 487 488 E. All employees and agents of the Borough collecting or handling money of the 489 Borough in connection with the management and operation of the Facility shall be bonded in 490 an amount commensurate with the funds they handle and in an amount sufficient to protect 491 the Borough from loss. 492 493 F. The Borough will not sell or otherwise dispose of the Facility unless 494 contemporaneously with such sale or disposal there shall be paid into the Bond Account a 495 sum sufficient to pay the principal of and interest on all Parity Bonds then outstanding to the 496 date or dates on which they first may be redeemed, nor will it sell or otherwise dispose of 497 any part of the Facility which is material to the production of Pledged Revenues unless, in 498 the opinion of a Consulting Engineer, the remaining Facility will generate Pledged Revenues 499 sufficient to enable the Borough to comply with the requirements of this resolution and each 500 resolution authorizing the issuance of Future Parity Bonds. 501 502 G. The Borough will not at any time create or permit to accrue or exist any lien or 503 other encumbrance or indebtedness upon the Facility or the Pledged Revenues, or any part 504 thereof, or upon any Account or Subaccount created hereunder, prior or superior to the lien 505 thereon for the payment of the Parity Bonds, and will pay and discharge, or cause to be paid 506 and discharged, any and all lawful claims for labor, materials or supplies which, if unpaid, 507 might become a lien or charge upon the Pledged Revenue, or any part thereof, or upon any 508 Account or Subaccount in the hands of the Borough, prior or superior to the lien of the Parity 509 Bonds, or which might impair the security of the Parity Bonds. 510 Kodiak Island Borough Resolution No. FY2012 -06 Page 12 of 18 511 H. The Borough will not expend any of the Pledged Revenues or the proceeds 512 of any indebtedness payable from Pledged Revenues for any additions, betterments or 513 improvements to the Facility which are not economically sound and which will not properly 514 and advantageously contribute to the conduct of the business of the Facility in an efficient 515 and economical manner. 516 517 1. At any and all times the Borough shall, as far as it may be authorized by law, 518 make, do, execute, acknowledge, and deliver all further resolutions, acts, deeds, 519 conveyances, assignments, transfers, and assurances as may be necessary or desirable for 520 better assuring, conveying, granting, pledging, assigning, and confirming all and singular the 521 rights, revenues, and other funds, moneys, and securities pledged or assigned under the 522 resolution, or intended so to be, or which the Borough may become bound to pledge or 523 assign. 524 525 J. The Borough is duly authorized under all applicable laws to create and issue 526 the Bonds and to adopt this resolution and to pledge the Pledged Revenues and other 527 funds, moneys, and securities purported to be pledged by this resolution in the manner and 528 to the extent provided in this resolution. The Pledged Revenues and other funds, moneys, 529 and securities so pledged are and will be free and clear of any pledge, lien, charge, or 530 encumbrance thereon or with respect thereto prior to, or of equal rank with, the pledge and 531 assignment created by this resolution, and all corporate or other action on the part of the 532 Borough to that end has been and will be duly and validly taken. The Bonds and the 533 provisions of this resolution are and will be the valid and legally enforceable obligations of 534 the Borough in accordance with their terms and the terms of this resolution. 535 536 K. The Borough has, and will have so long as any Parity Bonds are outstanding, 537 good right, and lawful power to operate, maintain, and repair the Facility and to fix and 538 collect rates, fees, and other charges related to the Facility. 539 540 L. The Borough shall do and perform or cause to be done and performed all 541 acts and things required to be done or performed by or on behalf of the Borough under 542 applicable laws and this resolution. 543 544 Section 16. Parity Bonds. As described in this Section 16, the Borough may issue Parity 545 Bonds. The Borough hereby covenants with the owners of each of the Parity Bonds for so 546 long as the same remain outstanding that it will not issue any bonds having a greater or 547 equal lien on Pledged Revenues to pay and secure the payment of the principal of and 548 interest on such bonds than the lien created thereon to pay and secure the payment of the 549 principal of and interest on the Parity Bonds except that the Borough reserves the right to 550 issue future Parity Bonds as follows: 551 552 A. For the purpose of acquiring, constructing and installing additions, 553 betterments and improvements to and extensions of, acquiring necessary property and Kodiak Island Borough Resolution No. FY2012 -06 Page 13 of 18 554 equipment for, or making necessary replacements or repairs to the Facility, for funding 555 interest and reserves and for the purpose of refunding at or prior to their redemption or 556 maturity any outstanding revenue bonds or notes of the Borough that have a lien on 557 Pledged Revenues for the payment of the principal thereof and interest thereon junior and 558 inferior to the lien on Pledged Revenues for the payment of the principal of and interest on 559 the Bonds and upon compliance with the following conditions: 560 561 (1) The Borough will covenant in each resolution authorizing the issuance of 562 Future Parity Bonds that it will pay into and maintain in the Reserve Subaccount the 563 amounts required by Section 13 of this resolution to be paid into and maintained in the 564 Reserve Subaccount in the event Future Parity Bonds are issued. 565 566 (2) At the time of the issuance of such Future Parity Bonds the Borough shall 567 have on file a certificate of the Finance Director showing that the "annual income available 568 for revenue bond debt service," as hereinafter set forth, shall be at least equal to 1.25 times 569 the maximum Annual Debt Service Requirement on all outstanding Parity Bonds and the 570 Future Parity Bonds being issued. 571 572 Such "annual income available for revenue bond debt service" shall be determined 573 by adding the following: 574 575 (i) The historical Pledged Revenues for any 12 consecutive 576 months out of the 24 months immediately preceding the month of delivery of the Future 577 Parity Bonds being issued. 578 579 (ii) The estimated annual Pledged Revenues to be derived from 580 the operation of any additions or improvements to or extensions of the Facility under 581 construction but not completed at the time of such certificate and not being paid for out of 582 the proceeds of sale of such Future Parity Bonds being issued, and which Pledged 583 Revenues are not otherwise included in any of the sources of Pledged Revenues described 584 in this subsection (2). 585 586 (iii) The estimated Pledged Revenues to be derived from the 587 operation of any additions and improvements to or extensions of the Facility being paid for 588 out of the proceeds of sale of such Future Parity Bonds being issued. 589 590 The computation of "annual income available for revenue bond debt service" shall be 591 adjusted to reflect the Facility fees effective on the date of such certificate or approved by 592 the regulatory authority with jurisdiction to become effective thereafter if there has been any 593 change in such rates and charges put into effect or so approved during or after such 12- 594 consecutive -month base period. 595 Kodiak Island Borough Resolution No. FY2012 -06 Page 14 of 18 596 Notwithstanding the preceding provisions of this subparagraph (2), the certificate 597 referred to above shall not be required if one -half of Pledged Revenues, verified from certain 598 financial statements of the Facility, for a period of any consecutive two out of the three 599 Fiscal Years immediately preceding the issuance and delivery of such Future Parity Bonds, 600 was equal to at least 1.25 times the maximum Annual Debt Service required to be paid in 601 any Fiscal Year succeeding the date of issuance of such Future Parity Bonds on all 602 outstanding Parity Bonds and the Future Parity Bonds being issued. 603 604 Further, notwithstanding the preceding provisions of this subparagraph (2), Future 605 Parity Bonds may be issued if the Borough shall have on file a certificate stating that the 606 Pledged Revenues for the next full Fiscal Year after the initial operation of any additions or 607 improvements to or extensions of the Facility being paid for out of the proceeds of the 608 Future Parity Bonds will be at least equal to [1.25] times the maximum Annual Debt Service 609 Requirement on all outstanding Parity Bonds and the Future Parity Bonds being issued; and 610 that at the time of the issuance of such Future Parity Bonds there is no deficiency in the 611 Debt Service Subaccount or Reserve Subaccount. 612 613 B. For the purpose of refunding at or prior to their redemption or maturity any 614 part or all of the then outstanding Parity Bonds if the issuance of such refunding Future 615 Parity Bonds does not require a greater amount to be paid out of Pledged Revenues for 616 principal and interest over the life of such refunding Future Parity Bonds being refunded, 617 and if the conditions required in subsections (a)(1) and (a)(3) of this section are complied 618 with. 619 620 Proceeds of Parity Bonds to be used to fund interest or reserves shall be deposited 621 in the Debt Service Subaccount or the Reserve Subaccount, as the case may be. 622 623 Section 17. Subordinate Lien Bonds. Nothing contained herein shall prevent the Borough 624 from issuing revenue bonds or notes which are a charge upon Pledged Revenues 625 subordinate or inferior to the payments required herein to be made therefrom into the Debt 626 Service Subaccount and Reserve Subaccount, or from issuing solid waste disposal revenue 627 bonds to refund maturing bonds for the payment of which moneys are not otherwise 628 available. 629 630 Section 18. Covenants Regarding Arbitrage and Private Activity Bonds. The Borough 631 hereby covenants that it will not make any use of the proceeds of sale of the Bonds or any 632 other funds of the Borough which may be deemed to be proceeds of such Bonds pursuant 633 to Section 148 of the Code which will cause the Bonds to be "arbitrage bonds" within the 634 meaning of such section and the regulations applicable thereunder. The Borough will 635 comply with the requirements of Section 148 of the Code (or any successor provision 636 thereof applicable to the Bonds) and the applicable regulations thereunder throughout the 637 term of the Bonds. 638 Kodiak island Borough Resolution No. FY2012 -06 Page 15 of 18 639 The Borough further covenants that it will not take any action or permit any action to 640 be taken that would cause the Bonds to constitute "private activity bonds" under Section 141 641 of the Code. The Borough will take any action determined by the Borough, after 642 consultation with its bond counsel, to be legal and practicable and required to be taken by 643 the Borough under future federal laws or regulations in order to maintain the exemption of 644 the interest on the Bonds from federal income taxation. 645 646 Section 19. Defeasance. In the event that money and /or Government Obligations 647 maturing at such time or times and bearing interest to be earned thereon in amounts 648 sufficient to redeem and retire any or all of the Bonds in accordance with their terms are set 649 aside in a special restricted account in the Bond Account to effect such redemption or 650 retirement and such money and the principal of and interest on such obligations are 651 irrevocably set aside and pledged for such purpose, then no further payments need to be 652 made into the Bond Account for the payment of the principal of and interest on such Bonds, 653 and such Bonds shall cease to be entitled to any lien, benefit or security of this resolution 654 except the right to receive the funds so set aside and pledged, and such Bonds shall be 655 deemed not to be outstanding hereunder or under any other resolution authorizing the 656 issuance of Future Parity Bonds. 657 658 Section 20. General Authorization to Municipal Officials. After the sale of the Bonds, the 659 proper officials of the Borough are hereby authorized and directed to do everything 660 necessary to complete such sale and to deliver the Bonds to the purchaser thereof upon 661 payment of the purchase price thereof. 662 663 Section 21. Amendatory and Supplemental Resolutions. 664 665 A. The Assembly from time to time and at any time may pass a resolution or 666 resolutions supplemental hereof, which resolution or resolutions thereafter shall become a 667 part of this resolution, for any one or more of the following purposes: 668 669 (1) To add to the covenants and agreements of the Borough contained in 670 this resolution, other covenants and agreements thereafter to be observed, or to surrender 671 any right or power herein reserved to or conferred upon the Borough. 672 673 (2) To make such provisions for the purpose of curing any ambiguities or 674 of curing, correcting or supplementing any defective provision contained in this resolution or 675 in regard to matters or questions arising under this resolution as the Assembly may deem 676 necessary or desirable and not inconsistent with this resolution and which shall not 677 adversely affect the interest of the owners of Parity Bonds. 678 679 Any such supplemental resolution of the Assembly may be adopted without the 680 consent of the owner of any Parity Bonds at any time outstanding, notwithstanding any of 681 the provisions of subsection B of this section. Kodiak Island Borough Resolution No. FY2012 -06 Page 16 of 18 682 683 B. With the consent of the owners of not less than 60% in aggregate principal 684 amount of Parity Bonds at the time outstanding, the Assembly may pass a resolution or 685 resolutions supplemental hereto for the purpose of adding any provisions to or changing in 686 any manner or eliminating any of the provisions of this resolution or of any supplemental 687 resolution; provided, however, that no such supplemental resolution shall: 688 689 (1) Extend the fixed maturity of any of the Parity Bonds, or reduce the 690 rate of interest thereon, or reduce the amount or change the date of any sinking fund 691 installment requirement, or extend the time of payments of interest from their due date, or 692 reduce the amount of the principal thereof, or reduce any premium payable on the 693 redemption thereof, without the consent of the owner of each Parity Bond so affected; or 694 695 (2) Reduce the aforesaid percentage of owners of Parity Bonds required 696 to approve any such supplemental resolution without the consent of the owners of all of the 697 Parity Bonds then outstanding; or 698 699 (3) Remove the pledge and lien of this resolution on Pledged Revenues. 700 701 It shall not be necessary for the consent of the owners of Parity Bonds under 702 this subsection B to approve the particular form of any proposed supplemental resolution, 703 but it shall be sufficient if such consent shall approve the substance thereof. 704 705 C. Upon the passage of any supplemental resolution pursuant to the provisions 706 of this section, this resolution shall be deemed to be modified and amended in accordance 707 therewith, and the respective rights, duties and obligations of the Borough under this 708 resolution and all owners of Parity Bonds outstanding hereunder shall thereafter be 709 determined, exercised and enforced thereunder, subject in all respects to such modification 710 and amendment, and all the terms and conditions of any such supplemental resolution shall 711 be deemed to be part of the terms and conditions of this resolution for any and all purposes. 712 713 D. Parity Bonds executed and delivered after the execution of any supplemental 714 resolution adopted pursuant to the provisions of this section may bear a notation as to any 715 matter provided for in such supplemental resolution, and if such supplemental resolution 716 shall so provide, new Parity Bonds so modified as to conform, in the opinion of the 717 Assembly, to any modification of this resolution contained in any such supplemental 718 resolution, may be prepared by the Borough and delivered without cost to the owners of 719 Parity Bonds then outstanding, upon surrender for cancellation of such Parity Bonds in 720 equal aggregate principal amounts. 721 722 Section 22. Disposition of the Proceeds of Sale of the Bonds. The proceeds received 723 from the sale of the Bonds (exclusive of accrued interest, if any, which shall be paid into the 724 Debt Service Subaccount) shall be deposited into the fund of the Borough designated by the Kodiak Island Borough Resolution No. FY2012 -06 Page 17 of 18 725 Finance Director and shall be used to pay all costs allocable to the issuance of the Bonds 726 and to undertake improvements authorized by Section 3 of this resolution. 727 728 Section 23. Loan Agreement. The Manager and Finance Director are each authorized to 729 enter into a Loan Agreement with the Alaska Municipal Bond Bank providing for and relating 730 to the sale of the Bonds to the Alaska Municipal Bond Bank and the Manager and Finance 731 Director are authorized to cause the same to be executed and delivered on behalf of the 732 Borough. 733 734 Section 24. Continuing Disclosure. The Borough acknowledges that, under Rule 15c2 -12 735 of the Securities and Exchange Commission (the "Rule ") the Borough may now or in the 736 future be an "obligated person" with respect to the Bond Bank bonds. In accordance with 737 the Rule, and as set forth in the Loan Agreement, the Borough shall undertake to provide 738 certain annual financial information and operating data and execute a continuing disclosure 739 agreement. Notwithstanding any other provision of this Resolution, failure of the Borough to 740 comply with the continuing disclosure obligations shall not be considered a default of the 741 Borough's obligations under this Resolution or the Parity Bonds; however the beneficial 742 owner of any Parity Bond may bring an action for specific performance, to cause the 743 Borough to comply with its continuing disclosure obligations under the Rule. 744 745 Section 25. Severability. If any one or more of the covenants or agreements provided in 746 this resolution to be performed on the part of the Borough shall be declared by any court of 747 competent jurisdiction to be contrary to law, then such covenant or covenants, agreement or 748 agreements shall be null and void and shall be deemed separable from the remaining 749 covenants and agreements in this resolution and shall in no way affect the validity of the 750 other provisions of this resolution or of the Bonds. 751 752 Section 26. Effective Date. This resolution shall become effective immediately. 753 754 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 755 756 THIS DAY OF , 2011. 757 758 KODIAK ISLAND BOROUGH 759 760 761 762 ATTEST: Jerome M. Selby, Borough Mayor 763 764 765 766 Nova M. Javier, MMC, Borough Clerk 767 Kodiak Island Borough Resolution No. FY2012 -06 Page 18 of 18 KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 4, 2011 REGULAR MEETING ITEM NO: 13.C.1 TITLE: Ordinance No. FY2012 -05 Rezoning Tract C, Block 2, Ouzinkie Townsite Subdivision (U.S. Survey 4871), From R1- Single Family Residential To PL- Public Use Land. SUMMARY: The Kodiak Kenai Cable Company requested permission to erect a microwave communication tower on Tract C of the Ouzinkie in order to extend broadband voice and data services to Ouzinkie and Port Lions. This service will be comparable to the services that were brought to the Kodiak road system by the submarine fiber -optic cable which connected Kodiak with the mainland. The tower will be located on a parcel of land that is part of the school which houses houses the community's 250,000 gallon water tower. This location is also the access road to this facility. It is this area's elevation overlooking the community that makes it important for utilities like water tanks and communications tower. The future goal is to separate this area from the rest of the school site and dispose of this parcel to the City of Ouzinkie. The action to dispose of this land will occur at one of your future meetings. In the meantime, the PL- Public Use Zone is the proper zoning district for all the facilities located at this location as well as improvements at the school. The commission held a public hearing on this request at the July 20, 2011, meeting and is recommending approval of this rezone. FISCAL NOTES: N/A Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: 6/i ( I RECOMMENDED MOTION: Move to adopt Ordinance No. FY2012- 05 in first reading to advance to public hearing at the next regular meeting of the Assembly. Introduced by: Borough Manager Requested by: Community Development Department Drafted by: CDD Director 2 Introduced: 08/04/2011 3 Public Hearing: Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2012 -05 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 9 REZONING TRACT C, BLOCK 2, OUZINKIE TOWNSITE SUBDIVISION (U.S. SURVEY 10 4871), FROM R1- SINGLE - FAMILY RESIDENTIAL TO PL- PUBLIC USE LAND 11 12 WHEREAS, the Kodiak Kenai Cable Company has requested permission to erect a 13 microwave communication tower on Tract C in order to extend broadband voice and data 14 services to Ouzinkie and Port Lions comparable to the services that were brought to the 15 Kodiak road system by the submarine fiber -optic cable which connected Kodiak with the 16 mainland; and 17 18 WHEREAS, Tract C is currently the site of Ouzinkie Community School and a 250,000 19 gallon water storage tank that was permitted by zoning Exception in 1987 and which was 20 accompanied by a disposal of interest in borough land for a portion of Tract C in order to 21 accommodate the water tower, access road and electrical utilities associated with the water 22 storage tank use; and 23 24 WHEREAS, schools are permitted use in the R1- Single- family Residential zoning district 25 and the water storage tank is now a nonconforming use, but a new tower for communication 26 purposes cannot be allowed in the R1 zone without a rezone to a more appropriate zone; 27 and 28 29 WHEREAS, the 2008 KIB Comprehensive Plan Update designates this parcel for public 30 use and the PL- Public Use Land zone is the typical zoning district of choice to implement 31 plan designations of this sort; and 32 33 WHEREAS, the commission held a properly noticed public hearing on this request at the 34 July 20, 2011, regular meeting and is recommending that the Assembly approve the request 35 to rezone Tract C, Block 2, Ouzinkie Townsite Subdivision from from R1- Single- family 36 Residential to PL- Public Use Land; and 37 38 WHEREAS, this request was found by the commission to be consistent with the borough's 39 comprehensive plan. 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 42 BOROUGH THAT: 43 44 Section 1: This ordinance is not of a general and permanent nature and shall not 45 become a part of the Kodiak Island Borough Code of Ordinances; and 46 47 Section 2: Tract C, Block 2, Ouzinkie Townsite Subdivision is hereby rezoned from R1- 48 Single- family Residential to PL- Public Use Land. 49 Kodiak Island Borough Ordinance No. FY2012 -05 Page 1 of 2 50 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission 51 are hereby confirmed as follows: 52 53 17.205.020 A. Findings as to the Need and Justification for a Change or Amendment. 54 55 The residents of Ouzinkie and Port Lions will benefit from this rezone if it allows the 56 development of new communications infrastructure that could make data and voice 57 communications less expensive and more capable thank current services. The extension of 58 these services may also benefit other areas around the community and marine vessels 59 transiting close to the community. Improving communications to and from the community 60 could also provide additional public safety benefits similar to those enjoyed on the Kodiak 61 road system where wire line communications are not currently available. 62 63 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the 64 Objectives of the Comprehensive Plan. 65 The Comprehensive Plan mentions the need and desire for economic diversity and 66 economic opportunity in the community. The comprehensive plan designates this area for 67 Public Use. A rezone from R1- Single- family Residential to PL- Public Use Land is consistent 68 with this designation which will make this site suitable for conforming government and 69 infrastructure uses in addition to the existing community school use, while eliminating the 70 nonconforming status associated with the existing public water storage tank and related 71 facilities. 72 73 17.205.020.C. Recommendations as to the approval or disapproval of the change or 74 amendment. 75 76 The commission recommends to the Borough Assembly approval of said rezoning of this 77 parcel. 78 79 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 80 THIS DAY OF 2011 81 82 KODIAK ISLAND BOROUGH 83 84 85 86 ATTEST: Jerome M. Selby, Borough Mayor 87 88 89 90 91 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2012 -05 Page 2 of 2 FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value. spirit. character and integrity of the surrounding area. Similar communication and utility facilities on Pillar Mountain and other locations such as the one connecting Narrow Cape and Pasagshak have existed for many years serving the Kodiak community with minimal conflicts. Conditions of approval to address aesthetic and visual concerns will preserve the value, spirit, character and integrity of the surrounding area. Natural vegetation is required to be maintained around the facility. Colors of structures and equipment will be subdued to blend in with the surrounding natural environment. If the facility is abandoned, the site will be cleared of equipment and structures and returned to a natural state. Any change of technology that would require new or different equipment that would change the essential visual character of the site or safety characteristics of the operation of the facility must be reviewed and approved by the Commission at public hearing prior to installation. Future conditional use reviews in this area will be based upon the cumulative impact of all established conditional uses in the area. 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The conditional use will fulfill all the requirements of the C- Conservation zoning district. The site is above groundwater recharge areas and natural vegetation is required to be preserved to the maximum extent possible. In addition, all required setbacks will be maintained within the Ouzinkie Native Corporation exterior ownership boundary, which is far in excess of the minimum five (5) acre lot area requirement. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety. convenience and comfort. This facility will be constructed and maintained in accordance with all applicable federal, state and local requirements. All construction will meet standards of the Uniform Building and Fire Codes, and communication equipment will be installed and operated in conformance with applicable FCC regulations. 17.67.05 D. That sufficient setbacks, lot area buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The site is well separated by distance, topography and vegetation from residential areas. The contiguous land ownership of the Ouzinkie Native Corporation far exceeds the minimum of area of five acres required by the C- Conservation zoning district. Natural vegetation will be maintained as a condition of approval to preserve, to the extent feasible, the visual continuity of the surrounding area. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER KERSCH MOVED to recess for 5 minutes at 8:22 p.m. VOICE VOTE CARRIED UNANIMOUSLY CHAIR TORRES reconvened the meeting at 8:30 p.m. G) Case _12-006': Request a Rezone, in accordance with KIBC 17.205 to consider a change in zoning for Tract C, Block 2, U.S. Survey 4871 (Ouzinkie Townsite), from R1- Single- family Residential to PL- Public Use Land; and, 7/20/2011 P &Z Minutes Page 10 of 18 A prospective Variance in accordance with KIBC 17.195 & 17.130.060 (Building Height) to allow a 13 by 13 foot: microwave communications tower (and related facilities) 70 feet in height which will exceed. the 50 foot maximum building height in the zone by an additional 20 feet; and, A Site Plan review in accordance with KIBC 17.130.020, which requires a commission review of all permitted uses and structures in the PL- Public Use Land zoning district. The applicant is the Kodiak Island Borough and the agent is Dave Burns, Kodiak -Kenai Cable Company, LLC. The location is TractC, Block 2, U.S. Survey 4871 and the zoning is R1- Single - family Residential. Dvorak reported 45 public hearing notices were sent out and no replies were received. There are multiple requests; a rezone, a variance, and a site plan review. The zoning appeared out of synch with allowing for utilities. Schools are permitted ih the R1 zone; the community school is located on this 13 acre site, in addition there's a 200,000 gallon water storage tank that was allowed in 1987 by an Exception procedure. The Assembly approved a disposal of land for a large easement to encompass the storage tank, access 'road, and utilities'that would serve this. The easement was never recorded and when the Exception went away the water tank became a non - conformity in the R1 zone. It's grandfathered but it can't be expanded or added onto. This new tower proposal is an expansion of a utility use which isn't allowed in the R1 zone and that's why staff recommended this land be rezoned to Public Use Land. We've looked at the Ouzinkie Comprehensive Plan and believe this request -to be consistent with the plan. Staff recommends the commission forward this request to the Assembly with a favorable recommendation. There is also a request for a tower height Variance that is based on an assumption that the zone will changeto Public Use Land and we've looked at it that way. The PL zone has a maximum structure height allowance. They have proposed a tower that will be 70 feet tall, 20 feethigher than the allowable 50 foot. This path chosen to serve Ouzinkie and Port Lions utilized lower elevations over all but also requires strategic location taller tower. Dvorak stated he didn't see it until right before the meeting but there's an email between Dave Burns and Herman Squartsoff referring to a 25 foot setback of variance. Staff is recommending postponement of the Tower Height Variance and Site Plan to expand the scope of review to include the setback Variance so it can be advertised properly and bringit back to you at your August meeting. The commission was in consensus of a special mailing to get this into play and not mess up the timing of the project. Dave Burns stated he appreciates the concern and the rezone will be going to the Assembly August 18th and this would only push us back to getting the Height Variance and the Setback Variance to build inside the 25 feet. He doesn't see a major impact. COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Tract C, Block 2, U.S. Survey 4871 from R1 - Single Family Residential to PL- Public Use Land, subject to the findings contained in the staff report dated June 8, 2011 as "Findings of Fact" for this case. The public hearing was opened. Public testimony was given by: Bob Scholze stated he represents the applicant, the Kodiak Island Borough, and this is the only case that is taking place on borough property. He stated the variance issue is best to be postponed, the City of Ouzinkie has passed by resolution,a ;request to make a disposal for less than fair market value but it has not been approved by the Assembly yet therefore, it still remains borough property at this time. 7/20/2011 P &Z Minutes Page 11 of 18 Herman Squartsoff stated KKCC and Ouzinkie are in favor of the request. He also stated Sharatine Mountain has not been abandoned yet, we have an insurance claim on it, and we left it out for another year to see if it will build up ice like it did the first year, and it did which it ruined the tower. We are also OK with the postponement. Dave Burns stated regarding Sharatine, in addition to seeing the conditions and putting in an insurance claim providing we get clearance this summer when we have construction equipment we plan to pull the structures down to restore that site. We'll probably come back to ask permission to leave the foundation in place in case something changes in the type of technology we can put up there but that would just be low footings that you wouldn't be' able to see them unless - you are on top of them. It would be in a,sense of returning it to its natural state but we will.go back to rectify that according to the requirements of the conditional use in the future as ,needed. Dan Clarion stated the City of Ouzinkie has been waiting for cell phone service for a long time and we feel it's crucial to public safety because we deal with issues all the time. If this tower doesn't go up the whole thing falls apart. It will serve the village of Port Lions and. Ouzinkie. We often respond to emergency sinking boats and boats hitting rocks. Ouzinkie narrows is one of the most travelled water routes on.Kodiak Island for shipping and recreational use. We encourage commission and assembly to approve this request. Discussion REZONE FINDINGS OF FACT U17.72.020 A. Findings as to the Need and lustificationfor a (haute or Amendment. The residents of Ouzinkie and Port Lions will benefit from this rezone if it allows the development of new communications infrastructure that could make data and voice communications less expensive and more capable that current services. The extension of these services may also benefit other areas around the community and marine vessels transiting close to the community. Improving communications to and from the community could also provide additional public safety benefits similar to those enjoyed on the Kodiak road system where wire line communications are not currently available. U17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Comprehensive Plan mentions the need and desire for economic diversity and economic opportunity in the. community. The comprehensive plan designates this area for Public Use. A rezone from R1- Single - family Residential to PL- Public Use Land is consistent with this designation which will make this site suitable for conforming government and infrastructure uses in addition to the existing community school use while eliminating the nonconformity of the existing public water storage tank and related facilities. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER SCHMITT MOVED to postpone to the August 17, 2011 regular meeting of the Planning &Zoning Commission the variance and site plan request for this case. COMMISSIONER SCHMITT requested that it be noted that the intent is to postpone the 25 foot side yard setback variance which is what requires the supplemental mailing, and the commission will allow comments to be submitted after the comment deadline. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY 7/20/2011 P &Z Minutes Page 12 of 18 Public Hearing Item 7 -G N teatic Kodiak Island Borough Zoning Map W . ^ SS 4, Community Development Department • ►y ii Request: &Rezone according OD KIBC MK@ 43 consider p change 07 zoning fty Tract C Block a, @IIIITGOCIa Zoning Ma48r71 from R1- Single - family Residential p e CK 2_006 m PL- Public Land; OJb prospective variance Owner; KIB accordance KIBC 9ar,9gg b9ao930.060 (Building Height) QD allow O 943!? J 9134Di microwave Agent: Dave Burns, OM communications tower fio Q Bin height; ad (5 git) RIM Review h accordance ccla KIBC 9770930.020 °(tea n txdl 011.-mst USS 4871 0 380 760 1,521 v,r ,v I r I I I 1 r 1 I 0° Feet ate' 8 4 , U5: 467 #44 11117 "; . . 114 li j I , *. 4 N. N. k_.4sitt"&a-h-.. 44 •Z2 ' ' 04. '--- a % lir -40 .11 ------„,.., c ,... 0 , ,i2A, , USS 316a Zoning Legend Public Use Lands I I Rural Residential 1 Multi Family Residential ogi Light Industrial IV / I Watershed I I Rural Residential 2 Business I I Rural Neighborhood Commercial Conservation Single Family Residential [ - 1 Retail Business Urban Neighborhood Commercial Rural Residential Two Family Residential 11111 Industrial Natural Use This map was prepared from the Kodiak Island Borough's GIS System. It is provided tar the purpose of showing the general location of a properly 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 [t' Department at (907) 486 -9333. Introduction - Page 1 of 4 Public Hearing Item 7 -G T P 0gc _ _ . ,. f O _ '-. ■ _,efFt i ),„) Sa � Introduction - Page 2 of 4 Public Hearing Item 7 -G Request Rezone, in accordance with KIBC 17.205 to consider a change Current Location in zoning for Tract C, Block 2, U.S. Survey 4871 (Ouzinkie Townsite), Ouzinkie Townsite, from R1- Single- family Residential to PL- Public Use Land; and, Tract C, Block 2 A prospective Variance in accordance with KIBC 17.195 & 17.130.060 P & Z Case 12 - 006 (Building Height) to allow a 13 by 13 foot microwave communications Kodiak Island tower (and related facilities) 70 feet in height which will exceed the 50 Borough foot maximum building height in the zone by an additional 20 feet; and, A Site Plan review in accordance with KIBC 17.130.020, which requires a commission review of all permitted uses and structures in the PL- Public Use Land zoning district. 00,010P \.: USS 4871 Sib, 3 TRACT eaver 4� ® % ,A4k, i Ilk 0 , 5 7111 is , ,Q.0:, o r 4 a USS 3888* ® ® • © ® ®® ��% % 0 # \© Ik.ra o ®° 0 4 4 4 * 4 K k 5 S > USS 3169 Kodiak Island Borough GIS Legend N 0 .1h. A eet 1 1 Subject Parcel W � 'af E Mr 0 360 720 1,440 1 1 1 t 1 1 1 i Parcels selection S This map was prepared from the Kodak 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 Informallon about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 - 9333. Introduction - Page 3 of 4 4 J b abed - uoponpoJlul il p _ 1 g [ B r j • _ j - f:%4 i 7 0 e 0 0 (r 7 — _ \•...- [ q 0-1 wall 6uIJeaH oggnd Public Hearing Item 7 -G KODIAK ISLAND BOROUGH - COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 486 -9396 www.kib.co.kodiak.ak.us Applicant Information Property Information Kodiak Island Borough 1 g y , Property ID Number /s . Property owner's name Portion of Block 2, Tract C, USS 4871 Legal Description Property owner's mailing address Current Zoning: Utility Easement for Water Tower City State Zip Applicable Comprehensive Plan: Year of Plan adoption: Home phone Work Phone E -mail Addr. Present Use of Property: Water tower and water transmission lines. KKCC Communications but Agent's name (If applicable) previously installed but not actively used. Agent's mailing address Install a loft tower to Proposed Use of Property: support terrestrial telecommunications service City State Zip to the villages of Ouzinkie and Port Lions 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. Additional Narrative/History As -built Survey _ Photographs _ Maps _ Other �� f� / 4 4 9 a / Property Owner's Date Authorized A s Signature // Date 1 A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, ©1993 by Rutgers University) STAFF USE ONLY PAYMENT VERIFICATION Alt fl- O C - 'Mitt Code Section(s) Involved: J/y� w Variance (KIBC 17.66.020) •250.Or Q ,1 "ftes 9.6 ,0 ' p11.'. Conditional Use Permit (KIBC ..7.0 1.:)$250.00 ,l- —2 1,:. Ip<tr Kitt r.4QWi) h,)<e.''. Other (appearance es requts, sit-..1- _ r- iew, etc.) 0 S` d' t ? {`'R JUN' �1�. �}l Zoning change from (KIBC 17.72.030 and 030.C) "/ 5,4,93tu I. ± � odiakisiand Borottghv Application received by: i r C Z - ^= �,�'I. Staff signature I _ -��- • '„ ('T' t 2 -oc'(o I Application - Page 1 of 26 Public Hearing Item 7 -G KKCC Site Narrative - Ouzinkie May 31, 2011 To whom it may concern, Kodiak -Kenai Cable Company, LLC (KKCC) is requesting the Kodiak Borough Planning & Zoning Commission grant all necessary zoning and permit /s for the construction of a 70' tower adjacent to the existing KKCC communication hut in Ouzinkie adjacent to the water tower and shed. KKCC has been developing the Kodiak Microwave System over the past several years in order to further expand the terrestrial telecommunication capability provided by the Kodiak Undersea Fiber Optic Cable to outlying villages around Kodiak Island. The original project plans utilizing Sheratin Mountain as a relay site for serving Ouzinkie and Port Lions encountered technical difficulties and alternative plans have been developed. In reviewing previous project activity, the plan was to install a small mast on the water tower with a small dish that would provide the necessary bandwidth to Ouzinkie. The new paths incorporate larger microwave dishes on taller tower infrastructure which forms the basis for this zoning/variance request. Just recently the Board of Directors for KKCC approved the new project plan and we are moving forward with construction and implementation. There is currently an existing KKCC communication hut near the water tower and shed, which was previously installed by KKCC, and will be utilized with the communication tower proposed to be installed to accommodate the microwave antennas and links from Mill Bay to Ouzinkie and Ouzinkie to Port Lions. These links will be supported by passive repeaters installed at Mt Herman and Course Point. As additional background info regarding the existing hut, KKCC staff indicates that an exhaustive title search was conducted and that the company was able to obtain title insurance on the property near the water tower. It appears that during the search the deed for this property may have been transferred to the City of Ouzinkie. We are working to obtain this documentation and will provide the details to the Community Development Department once they are available. Additionally, it has been brought to our attention that until recently, there was no official position of Borough Land Resource Manger (currently held by Bob Scholze), which may have been a complicating factor related to the lack of documentation during the original KKCC communication hut installation and site planning. It is understood that there may be a rezoning issue as we move forward regarding installation of the proposed 70' tower, but we are currently following all recommendations from the Kodiak Island Borough Community Development Department staff and Land Resource Manager to implement the proposed KMS site plans. At this juncture, it is requested that necessary zoning and permitting be considered for installation of a 70' high, 4 leg, 13' face, 'box' tower adjacent to the east end of the existing communication hut, as well as a section of icebridge approximately 2' wide and 12' long, which will support/protect the RF transmission line to be routed from the hut to the tower. Tower manufacturer drawings provided with this submittal are very similar to what the actual design will be, though the Ouzinkie tower will be 70' high as opposed to the 60' high tower drawings and there will be no wind turbines and /or propane tanks, as seen in the attached drawing. The tower foundation that was developed based on geotechnical survey findings and consideration for minimal environmental impact, will consist of four 3' x 3' concrete piers that are 4' high each (tops of piers exposed approximately 3' above grade, leaving 1' approximately below grade) and spaced approximately 13' apart to accommodate the tower size. In addition to the four 3' x 3' x 4' piers, eight rebar anchor bolts per concrete pier are to be embedded 8' Application - Page 2 of 26 Public Hearing Item 7 -G beyond the base of the concrete piers and secured utilizing non - shrink grout, total depth below graded breached being approximately 12' amongst (32) 2" wide drilled holes. The above detailed proposed installation plan is preferred, but if during the ongoing process it is deemed more time efficient and cost feasible to relocate the site and install the tower in an existing ROW area, we are willing to expeditiously revise and resubmit a detailed package to include the necessary changes. Due to technical difficulties encountered previously, we are attempting to perform this project on an expedited timeline and plan to have all communication infrastructure installed to accommodate future telecommunications capability to Ouzinkie and Port Lions by the 4 quarter of 2011. KKCC is jointly owned by Old Harbor and Ouzinkie Native Corporations. The service we are providing is expected to have the same positive impact on the communication infrastructure as was provided to the City of Kodiak. We thank you for considering the necessary request for permits and look forward to working with the Kodiak Island Borough on this and many future planned projects. Sincerely, Cad W. Dave Burns KMS Program Manager Kodiak -Kenai Cable Company, LLC 2702 Denali St, Suite 100 Anchorage, AK 99503 (407- 925 -6751) Application - Page 3 cf 26 ' ! _ Public' Hearing la N 7 -G . • 40.,,:\ Q a r o t •;• A �`` 1 ,,- !-*-", ,. b ' ',o P Ouzinkie KMS Tower Location- r e jA, � tr °� . } i. . . ` ''Herman Y ' ' iA r. '' i. • •' r < . F, • tinP • j�"�1� r f 'J'_q' �j " it i • t • om " L' i - \ \ " t r9 ` ' :. Y s;5�� t z g c K4r ' � 5 « 51 y +�i'; Tt1 `? 1 i e,. d • y '.,. - � \ii, E o :Mll Bay � i ,: 4tbf. i rr' f a' y� „rY P I ( ! P • I ' •• w , : t .:1'n,„ J FP :. ttli r � o Dl D9� +' . r ` w! l ; r ' t'Y caiwaC-0 at T r.. i ct ct!U,(°] . t { ? t^ r CLn rvr, •us ti.,...A( y: r%,. 3FT yP,[_$6. " r r '�'. y f9!59 ;N t53 clm 94C It • EYa aa. 25, 33�mi 0 KMS (Kodiak Microwave Site) Proposed Microwave ( Liiiinks yry } I < St ,-, .. 4 `4M�, tr4', � -- 4 � a.. ,Y n ..e. rr O SR P ) YV 5T �. � '•N ' h � .1 � l • ; � sf J ;' , . f„ � j It r tp'', \ .�, 14 0; � ' r i r j<' e— t `�.;i a P. rte. Fri . -, r3" Proposed Ouzlnkle K G ';} ^',A, 4• ^�"" r y.: a Site near water tower & « r � +a r `,j • existing KKCC comms but ° " . ;24 4y;« � ; e r ` v � . ; x of - a , "* 4 '; & �� a • tir rk ,� 4 ,1t • • � vf j Application - Page 4 of 26 ?CV; x :" 7 'FAT k., , �. • . ;He g . - i iw � i S'ki t .,4,.,'. is y' i�r p i i\ t ' �.� �B , h t V 44! f 1 CT F' 3 ° . ;w. -- ST". - '4,i, S , t ... e ♦ ! vxa lt,,i".r'tT+ �. ` }4 16 �� y r �9 . ` .. ' d � 4u li'S ' N.--.11 . vii - 4v'.ww 4s..� �e `,l s. 4i . t ' . `'1�"' ` • i ,•• .z. ti, • e • a s � . "4 : a . e tt. l 1 ..t>'''' , �* Proposed Ouzinkie KM5 "T r r ; ;. �!'� , � t f�+ Site near water tower& .yp t <A /a r ry` 0 .c it?: %V - - ` existing KKCC comms but .1 1' x �...° l'`"r . . wad: . y^" . '''Alit • . . 7 ' .t hr J- a (TractC_ Block2) Kodiak GIS Image (Plot & Parcel Overlays Not Accurate) arrw V F- t ,# t , 1 '5 . - tft ,, Q .. 11- ✓ 'y,, a q°t t 4 • h i ,, ", , ' r � 4,- -i F kb '^`X° N �. e . ay , yy 5 �* ' y '4 l? t "i W + tl a. • 41" y. • 1 • o /Lit 4 f >. Y Y tY , T 1 h qN r_r "�° �` ' a � 1 „,� .Ftt t t f1 `§„ .'f., ' 4 1F.,r 1 p , i sfi, • S" r , y R [ y 1 � .uT r y 4 l r }{ V Y •t " ( dlµ J•: F A (1 r \ •• ,- - si r ' �°A''iy'n 'q. ''l\ ' . j .' . .. ir S §S§S§ 1 )) •. r ` t . ' Proposed Ouzinkie •, Location :4 , , i Microwave paths xvi to /from Mt Herman & �' d' Course Pt •"'• i Gong e psi a s trxk' 3 -f ... c�ctvcrrvnn4�n .: :r- r- r�ar�mt�a.r., --4 "— Microwave Link Bearings To /From Mt Herman & Course Pt Application - Page 5 of 26 0 n c i t ) 0j ,r '� . m p G 46 ; '. ' ( ` ',.5 ( tC ma p y✓ l�r \ r` , 1. 1 ,. 1 `Trc. t .jr "Pr d [q.. itn , „,. ♦' ' tilt-- C S C '"- Y 4 �.. \ L n • L. � a b T ,. t t . � xf y„ t' Existing utility easement (apparently no recorded u " � t / 1 • data of this from Kodiak ti ' 447 t V � x Y J - � ), v � ' � f v Borough or KKCC) 1 y " .• y � 4 c ) pp ` 4 � -A 9 x° ,f" y� t &[sting water tower &shed µ,µpw« •5 ' - +C.-Z c t" �, tc r s'`‘,52. xa 1,21Ra t a h J v . i 4 � y! 000 „•• r ,. N l [7r � �,y '.' 4.' , .f c 41S ,,'1 T . Pro o 70' K tower location sr. \ 4 Y Y µ? b p �Cr� - adjacent [o KKCC but y p t? �t • '. T ®t v'.•f' 'M,p 'F 3x"' v'� • x• 0 ,. ' r rr a`R r 731..-1 t : Existing KKCC communication t ‘.S• ` tit a t L c -.0-,* F r ' hut (currently don't have :}et r y y. � '. + records of permits or details ,n' X 75�+' ...1�Ror. J,' F Yi / •r , 1 4 P r ^E• " � � +. .. Q s . Aa , SA- t Ir ,,p Chamlink fence tobeinstalled .f '{} around KMS Site • • 4 Proposed 70'tower location (not ° to-scale but proportionately ` 1 % drawn for rough idea 4 r ., Approximaoordinates: 57 55 16.38 te c N i 152 30 25.59 W o f � ) + i "` .1 4..1 . A } ( ., ,r r , T n 'take'," . I . :w E - Existing KKCC communication hut / i 7 h , ,j 7 x' (not to scale but proportionately • •. • ' _ .• i r - ( t; dr awntor rough idea) Application - Page 6 of 26 Public Hearing Item 7 -G • N , re 4 'Y 5) Y'.3% � r . . , !� r � J Ti AI r r a . ( b; i • t d "� 7 fi r°. `9 � . `3 { � � a,� r i. „. r• F' r 4._ « ° " w , .n�_ . * ' ‘ r .,. 1” r Y i 14, r . .rd } i 7 rit r i ✓ %1 a f r y -� f , s R� {`,� � ` ,,4_, r l'. , . e 66 NOTES . ' .': r , +.c c.a -nr: - eAw_Ew,, -- -.-.4-.vv mu.y4.. .., rm:W.I I-.. w.ef.n w•••... -ti •.4 -. .. n.., ...rtr.+. • � + ... +n LEGEND wl `......,.Lm. i.a ..,,.,....�.,..... „.,, -- ......m 01 Il l W Sire .. ..s.. •_ I up n.. .._.. .. . ._.,. +.... I S u.Wba•.24 FIG.! Sheet from GeoTechnical Report Application - Page 7 of 26 '� -. � ? ♦ �; ra t tr d . . r�I I'fp }� ' �p r r f bhc He ng tem. i�! / fJ 4 ,q ,`�,��' , �. p i ' �,i�� , rf .{ a p . -a , ' j i , 3 , 5. `� ' r fi t . . . �q, 'v ' - f, If 1 4. i . e , I\ ''. y G .t « �, 1 pp � r .'I�� (7 re ? . 0 ° } Cr i_, , } •a " I � / s S.r � T ilk e r ` : r ♦ f I - . } h . -' -_ n ` fir' 0,, i { e •l, y �° a , 1 r +,, 4 f y . 1 x ✓'�� # S . � vcs 1 y -'' 1¢A, �Y '- I a.. W _ , 2.4„n 1/ ii ', 'tor, sc 010, - ) - v -t c '"42 : ,71 - / +t r I , I r A 1, L Y 4 I 5 � 'r Y r ..� i e/4 s /' t a _ .., �.a'� a - %••••,,, 1/2, L % 7 T it' t`�.�.'°j+✓'4^+`'�� .�i ;q " . y. < 4 x" } " . „3. TAt �.y 51 i q i f 'a a f . " ' r �A�! ■r {y. t * 1 * i t •. \ 4X 9 :�' -y l . VY F ,. P . J w �, 1 1� _ 7) r rti se' f,� ` l �J t • I L - AppI.r .inn - Pege h of -26 '' - - �" - `rv°�r C-,..4 F• i ./. ;? 4 -71 1 S it* t i 4 4 ; !it Y .. 1 t' ea 7111q - . . %9 i• ( t °Si it t °�, t f w( 2 J/+R' it _ +' r i" fir„ '' +_ tt.� .y .F r s. ) t tra7t7 ti ./.3--. • 8; 4 • I g P ,!, , ' �v` f jYn } #' , +1� 0..., K + a F� j.:c r f+ l�` �` .. _ ,�iy /r r tai' t ft - fi ? „,,,,,,,, . A �i��ii l � r Y A iy� p • s. I s 1Y = /4 ° j jj , i ; gg4 4J. %.a 3 � V • re° +) i Cyq i }mac t w ig- t ! � /! e ',‘,,,„/ n f t .451r, s t fi t 1 i a } ,,,)/411.;t. � ... �i�N ‘ e7-041P * a �t ilt 1 Y .11 it4 y �. i k w e 6 ' i ei ,f t` �� p r( r rgt's:4 t} i`I ”' a w � �+ ` R 1 , WA' i ' t t ; o `* 7 a , .4 ,s 11 su # .,"://. + � � .: a � .� � Y � � t ,,yy � . fig 'r • i 4 Flit ' w "' ' , ,• @ t i + , ,,, �' k c ` iV , i l w ,Jr � r w ++a.`J.3 t•. "' ,; . * i� liter t ` ) { 4 t i F Y ' h'.�a l ,..4 t t xw f S5" 't T k"' L • � }i ' f ° ,�� ne A li e i X 0. i µ y f t a d. ' . t ■ i / — t s i r _ 1 a i YTi w 'l yes , • 1.k -^ ` ,,�..��jjj}�(+++ t ]L { ' 1 + � 4k '1 .yh�y� ^t�.r 4 ' P' ! f • J ` $ : 1.,'" ( , , ,i v ! p±e:ir. t " n . ( ' � s '�v`, fi i f t ' f � " F . ' � " ro 4, "3.. `'� . , S i .0) f rt ♦ c'0. a ' it 1� .11.44 K' is i} ri �/ Y a c s. �.. -, • 4 'I ^6 Cl . , e ` - # ;.�` - •ra+ • • ` t "' ' . ' �. • 1 ," �pp600tan• >Page . IT '{Sretibhc Helene Item 7 -G Li' ` 1:•.,.., y , Wiz { ., ;. r G. ' o � . ti C Y ry d 5 Y 5e 3 A L" t s 1 '$ . { 1 'P w ?!s k+, a r 'f x r r a h "` � t P . t ti, R+X �3 B, - .„... - le Xh • Y t 'i.A I • I .„ . tSk 1� { { 1 [ 11' r : "Yi t "--.4' ' ( i' , ' j KT i'- ! JJ r ° �4 t P F 'k o - w fi ` ti ti � t 71`.4. , g, % tr -, .� e d' U " y 3434(7 ! f a $ - r. ✓ 'N s§, `f? a .t { P 4 Y yt h it 5 r d.1' .: Public Hearing Item 7 -G OUZINKIE NATIVE CORPORATION P.O. Box 89 t ` `pp Ouzinkie, Alaska 99644 O 'at, Ph: (907) 680 -2208, Fax: (907) 680 -2268, Email: salmoolaker@yahoo.com June 1, 2011 To: Whom It May Concern Subj: Letter of Support for the Kodiak Microwave System Project Dear Sir/Madam: The Kodiak -Kenai Cable Company (KKCC) is jointly owned by the Old Harbor and Ouzinkie Native Corporations. Over the past several years, KKCC has been developing the Kodiak Microwave System as a means to supply terrestrial telecommunications capability to outlying villages around the Island of Kodiak. This microwave system will finally fulfill our long term goal of bringing much faster and more reliable communications than via satellite to the smaller communities in the Kodiak area. Initial plans to utilize a relay site on Sharatin Mountain have encountered technical difficulties and KKCC has recently approved alternative plans to provide service to Ouzinkie and Port Lions using alternative paths that include towers in Ouzinkie and Mill Bay as well as passive repeaters on Mt. Saint Herman and at Course Point. Ouzinkie Native Corporation strongly supports KKCC's project plans and concurs with the zoning, permitting and variance requests being submitted in conjunction with this project. Best regards, Michael G. O'Connor, President & CEO Ouzinkie Native Corporation Application - Page 11 of 26 CAP HAY Be POPPED ic¢si cx. ' o [w �r� \ / \� µ0111e ei r PLATE I a cw u' GENERAL o NOT ROCK ANCHOR n m 3 All „OCT fee th03 hue 0 „0717 norpTePe we 7 0 41 \ �\\ • / / 1/ DRAIN PLATE INSTALLATION ihe H Fe 101 CAPE 500,0 5E TAKEN 10 .■9913„ IhAT A11. 0 UM 0 101„ per Me 000„7„ Prop. 00 IAS111 „PPP \ °\r" �s 17.xr..x�,.O ERECTION V I.° oxra CA„ ... .. . . ....!a. o. �. ,. ».. ». — C11. „MCP POLINOATVI j \\ _ _..a_ " iE .; r ° j s Cr LEVEL WITH "" o . „s �ooa7 CF // Av �� Y> —I� �� P 'MI ��1 e °y LC) - -- -- CLIMBING LADDER FOUNDATION LADDER m.X^eC p' ',B. ox w • FOUNDATION PLAN IA V �� wOU PLAN NO sure FACE LEVIER St P :ova - "P " "PP 1I Pr "PPP" . ..,., � V ` O AAA., p �= RE •c 1.» REINFORC CME NT STEEL SCHEDULE SEE NNE •5 FDUNDATION P1 AI NO SCALP � 'W'QS V . I . ,,rE., 0" .. T°, .3. .. » E. ,, . e<r.w, ; _ milscAt SE C C� I __ OUTSIDE 11073 0513100(17 or SECTION F -F •, __ I I — Illr n •E N,. E<. Reber Lop Splice Ernie , As, 60 PPbpr .II AAA AJ �� tae _ 1112. , y ' SECTION A -A _ _ v _ ` 3 I� I Nr . Air 0 f r �_ — i«..Leo I _ __ .x ,.... . ..,......., �w. ,a..M W , z .. w. .z� Cam» »» ...,o,_., 3 cot scxa ROCK ANCHOR FOUNDATION '""'"''''''"" o.o�r �...: a..,, x.. a °° E 'A:=. " "" ROCK ANCHOR EOVNOATCN LAYOUT E 02 urc USE 01071307E Me "'^ ^ E w w nn SAGE SYSTEMS STE ()VENICE OK D 29189 D- 132024 P' , or ' 1 PARTS LIST ®,A u.lwnl,w,,,,.. o,. – ,... wa,.,.a ® o I a noe cm team Luca mum 1 03I 11,10 " 1221 As um.. emec acts CI m WWW ❑ AnIt Ann GPI m s o ,< o Lgg ag pg gag . en7 PPE D.P. A Au SPL TWO ILItaalOT I= 1:011 a .... ,....... b 1 .., „ p-N 11.4 n,I POPS PPE DAM. Se. 4100 PI. fan EPI An„ Ann I o :a., :NE 4 m „„ Ia.— arrow ... 2C1 a nada CD OM ¢ 1 HARDWARE LIST I al— -' � Y r— ` I Ann m © 'fi O ' Lf ... _ !t Ea; ... .. _ .• e —_ • w e Krra ma . m 1.o.x, o � f o Id..o�t m i d n tl A. ,.... ,,.., .o� ISSMBOL •� Q ,° O O L ®I a . tim A " I'aem, I� 4 i ® MACE ¢, • I t 'ea' .al 1 s ` © ® Sn V° 1On" GROUNDING PLAN 0 .„0,„ ma,. I.o,yl [caul__ _Ipr m0:11 •0 . NASTEP FPECTEN 15641560-60 um aura. sot i A N Mnw KODAK KENAI CABS COPAN. f -o- i I. " 221 ¢ cP.W,rn b 5 1,E KCO AK ISLeNCA _ w REFERENCE DRAWINGS: GROUNDING LIST ELEVATION �, e A tin V o A ten, n nA. us !um sun bill ME to DE F p Eli _ ; ¢ ,., .,o, N P:� a a ¢ �CK 5n o:,r,..s...,. „,..52, A . ..w. , 0-125855-1 ru,.,. : %1'nr DATE 7EPoe ..v.,.., .,._s...a...,.�.....,�.< LSO 1m7 -O2NL 5¢xt:. 0 2 a.z .s, - 04010. BOO- EK l••• li Y 1 IS ERECTED L [TED GENERA NOTES: ROCK ANCHOR • 1 . 'c > �� 1 1 wnm,dwon a a,.....a.. \ T DRAIN PLATE INSTALLATION .- ... . ,... ....-.... Ma ..Conk ..�R °M clAk _ Cr InUCATION 'tor PO MALI .4 . LEVEL SOS Aft LEVEL 41111 PEWEE! "0 Fern . in Ph. tonati, arann in win non .... sh„ „ so... X / Fronenl Kn., of Ltaw Ilan nnnen, 1.„ inn „Owen 12. mot / la tn. Pa • „Inn• . Ill. ...nth. inelnly Of eerwoo...... ; - - -- -- CLIMBING ON D FOUNDATION P LADDER SECTION } C „C ,, „, „,....e.N. .. o. , .. . >.a. FOUNA PLAN N ' V rs °..> c 'T REINFORCEMENT STEEL SCHEDULE CI FOI INpATT N PI AN o,[0....„ I 4 p'0 I 1 • o „.,,.. � � �� m ,m SECTION A -A i �_,� .r 7 „�.N :. T a„5,,,,,,,./ - + SECT O sc kfect” 31 ■ ■I■ u.. �d�. ° ...erne � . � . MINIM Rebar Lap Spl ice Grade 6D Reber S v bs,,, rii ,,...., 1--�J I� ie c. � '” icon,.. m PEE,. NMI RE LE•Oln Fan TYPICAL PIER PLAN -VIEW V2 f ) - "'" """'"" P 0 n 74 au p E .^ . ^• EOCK ANCHOR FOUNDATION " R Cr% A.N[N� F0.NOATM LAY0.rt ;y5 q °" u W. K0.RAK KBIU COiE COMPANY 0 ••m• N 01. , SIME: (OGAN I4MV. AK • 66 - 0 29169 D- 125592 The meihod used to analyze this tower structure Is based upon a computerized direct element stiffness matrix technique (Ref. 1). This Technique assumes elostic moteriol properties and Is based upon the following ;onnulaliens (El - (2) (XI where IP) = applied nodal loads IK] = struclurol stiffness matrix IX) - nodal displacements This equation is solved for IX) by means of a mcdtfiea Gauss- Jordon elimination technique. Tne nodal displacements are then utilized to calculate member end forces and moments. Micro( lect's implementation of this technique allows for inree- cimensional frames with nodal loads_ Truss members may be input by specifying beam member ene moment releases. Supports and /or sup0crt seldements may be input by specifying nodal displacements. The resulting computer cutout consists of nodal displacements. member end farces and moments, and support reactions. Ref. b MATRIX METHODS OF STRUCTURAL ANALYSIS. 2nd Edition, Chu -Kia Wong, International Textbook Co.. Scranton, Pennsylvania, 1970 LOAD CALCULATIONS FOR CRITICAL MEMBERS MEri. SECTION TYPE L r KU, AREA F BOLTS MEMBER E.S. 10 ALLOW. LOAD 1 SEARING SHEAR AXIAL LOAD AISC (In) tin) (In :Kips) OTY -pIA, ALLOW. ALLOW. (Kips) ALLOW LEG MEMBERS: F9L1 PIPE 4.500 od x 0.237e 60.0 1.51 39.'7 317 102 I 3.69 27.5 FVL2 PIPE 4.500 od x 0.2379 60.0 151 39.7 3.17 102 13.0 I 7.62 FVL3 ?PE 4.500 od x 0.237w 60.0 1.51 397 3.17 102 198 5.13 FVL4 PIPE 4.500 od x 0.237w 60.0 1.51 39.7 3.17 102 507 2.00 FVLS (PIPE 5563 od x 0258s 600 158 32.0 4.30 143 700 203 EVL6 PIPE 5.563 od x 0.2589 84.0 1.88 44.7 4.30 134 80.5 166 FVL7 PIPE 5563 od x 0 258w 36.0 1.88 19.2 4.30 150 906 1 DIAGONAL MEMBERS FV01 PIPE 2375 od x 0151w 94.0 787 119 107 15.0 1 - 5/8' 1/2 217 24. 646 232 0902 PIPE 2375 od x 0154w 94.0 787 119 107 15.0 1 - 5/8' 1/2 21.7 24.5 7. 75 153 00 PIPE 2.375 od x 0 151w 94.0 787 119 1.07 15.0 1 - 5/8" 1/2 21.7 24.5 8:18 1.83 0904 PIPE 2.375 od x 0.154w 94.0 787 119 107 15.0 1 - 5/8" 1/2 21.7 24.5 9.23 1.62 0905 PIPE 2.375 od x 0.154w 94.0 .787 119 107 150 1 - 5/8' 1/2 217 24.5 10.7 1.40 F9D6 PIPE 2.375 od x 0.154w 94.0 .787 119 107 15.0 1 - 5/8' 1/7 21.7 24.5 11.9 1.26 FV07 IPIPE 2.575 od x 0 203w 105 947 116 1.70 25.1 1 - 5/8' 1 1/2 I 217 24.5 15 143 FV08 PIPE 2.675 od x 0.203w 520 947 866 1.70 384 I 1 - 5/8' 1/2 217 24.5 12.2 1.77 GIRT MEMBERS: I I F901 2L's 7.00092000x0125 745 .626 119 .969 I 13.2 I 1 - 5/8' 1/4 10.9 21.5 .228 477 FVL2 2L's 2.000x2.000/0125 745 .626 119 I .969 13.2 1 - 5 /5' 1/4 10.9 24.5 7.12 1.52 FVG3 2L's 2.00022.00020125 74.5 626 119 .969 13.2 1 - 5/8' 1/4 10.9 24.5 791 13 0904 2L's 2.00022.00020.125 74.5 .626 119 .969 132 1 - 5/8" 1/4 10.9 245 .628 17.3 5905 2L's 2.000/2000x0125 74.5 .626 119 .969 13.2 1 - 5/8' 1/4 109 24.5 6.60 161 5V06 2L's 2.000x2.000x0: 125 74.5 620 I 119 .969 13.2 1 - 5/8' 1/1 109 21.5 .533 204 0V07 2L's 7.000x2 000x0.125 74.5 .626 119 .969 132 1 - 5/8' 1/4 10.9 24.5 524 20.8 9VE8 2L 's 2 000x2 000x0125 74.5 .626 119 .969 13 2 1 - 5/8" 1/4 10.9 24 5 533 20.5 9V69 W6212 74.5 .918 811 3.55 71 2 - 5/8" 1/4 215 24.5 101 2.16 31 .370 96212 745 .918 81.1 3.55 71.9 2 - 5 /8' 1/4 21.8 24.5 109 I 200 I NOTE. ALLOWABLE STRESS INCREASE FACTOR (PER EIA /TIA 222 -9. SECT. 3.1.1.1) = 1333 O N st m STRESS ANALYSIS ` z t - SAGE SYSTEMS • 0 SITE: OUZINKIE. AK , 9 < valm ontV BY C z w z 5 MICROFLECT LK JE } HI DATE 21JUN11 3575 25TH STREET SE. SALEM. CR 97302 6E11 . 15031363-5267 245.1503)316-2040 50. 156530 -1 x Application - Page 150126 BASE REACTIONS TOWER OVERTURNING MOMENT = 1741 kin -0 TOWER BASE WIDTH = 13 freer TOTAL TOWER SHEAR = 43.6 kips TOWER HEIGHT - 65 feet TOWER WEIGHT = 375 kips LEAST LEG FACTOR OF SAFETY = MAX. SHEAR PER LEG - 11 kips NUMBER OF LEGS - 4 Base moment x Leg F.S. Tower 51 Uplift = - Bose width x 1414 4 Base moinenl x Leg F.S. Tower W4 Download = - Bose width x 1.414 4 Base moment x (Leo F -1i Shear = Leg Shear - 4 x Tower Hr. FACTORED OVERTURNING MOPIENT = 1741 kip-fl FACTORED TOWER SHEAR = 43.6 kips MAXIMUM UPLIFT PER LEO = 85.3 kips MAXIMUM 'DOWNLOAD 050 LEG - 104.1 kips MAXIMUM SHEAR PER LEG - 115 kips ANCHOR BOLTS : Refs ENGINEERING JOURNAL /AISC, 2nd Olr, 1983. p5a MATERIAL _ ASTM 01554 Or 55 (Fy = 55 ksi min/ ALLOWABLE STRESS INCREASE FACTOR = 1.333 USE 4 - 1.25 in. dio. bolls /leg on o 12 in. boll circle 85.3 - 755 x 11.5 E_ - 27.5 ksi • 4 x 0.969 ALLOWABLE ANCHOR BOLT TENSILE STRESS - 40.3 ksi >- 275 ksi - -OK BASE PLATE : Ref: 'Formulas for Stress and Slrcin', Stn Edition. ROARK 8 YOUNG AEC 91n Edition, minimum edoe distance per table J3 5 MATERIAL, ASTM A36 IFy = 36 ksil ALL OWABLE STRESS INCREASE FACTOR = DIAMETER OF BASE LEG = 55625 in. CONCRETE BEARING DESIGN STRENGTH 2100 psi FOR DOWNLOAD CONDITION, MINIMUM THICKNESS (by Formula 2D 0.99 in FOR UPLIFT CONDITION, MINIMUM THCKNESS )by Formula below) 1.21 in. USE FLAIL' : 15.25 in dip. x 175 in. Ihiok, Fy = 36 ksi 3 x Uplifr x 10 - BI 1/2 - 2xNxB% 75xFy x Su' x SIN M80/1‘1) where I = required oase p!o;e thickness Up!ill = applied ual!I' resclion D - radios of bolt circle B - radius of pipe leg N = numoer of anchor balls /lee Fy - base piste yield strength 52 = stress increase facial • O U M STRESS ANALYSIS Cl Z SAGE SYSTEMS g. w SITE: OUZINKIE, AK m to 7 M < ° r DI7 rraoa2oPzr3Q4 CK .EGt\ m 3575 25TH STREET SE. 56005. OR 97302 DATE 21JUN11 MAIN '5531303-9267 FAa 6031516 -2040 5 0. 156530 -1 x Application -Page 16 of 26 ROCK ANCHOR FOUNDATION (4 REO'D) REACTIONS: UPLIFT - 85.3 K DOWNLOAD = 104 K LEG SHEAR = 11.5 K DESIGN USE 4 010 BARS (GR. 60) EXTENDING 13 FT BELOW TOE OF SOLID ROCK. USE 30 DEG 'UPLIFT CONE FOR SOLID ROCK SOLID .ROCK IS CONSIDERED TO WEIGH 125 PCF 1350 FIB 0.125 K /FT 63 FT% 0 .15 K /FT UPLIFT RESISTANCE _ - 91 4155 OK 2.00 1.25 ROCK CONCRETE OVERTURNING MOMENT = 11.5 K x 50 ' - 690 IN -K (4) 1.25 DAM. ANCHOR BOLTS 14) e 10 BARS GR. 60 8.5' ANCHOR BOLT PROJECTION \ ON30' CIRCLE 4 FT 8 -v4 CIRCULAR TIES DIAM 04 CIRCULAR TIE DBL. THE R TOP — 1 1��m , in Q lu / ®�IIlIU — Z 1 ) LL 4' C_R 0_ F z • i A m , mu ® A - LL ANCHOR BOLTS IC w o _ SOLID ROCK Y. SECTION A -A ll - 0 � F 5 I BARS = (4 /I 1271118) � o ��r 1 I BARS 921 IN 4 _ _ I Z 4 LL Z' _ 5 BARS' 921 N - 48 IN w '�� 19 IN =Ho £m FO L -310 VERT. BARS lGR.60) w ! J IN 3' E MIN. 1 0 MAX 1 DRILLED HOLES (USE NON- SHRINK, HIGH PERFORMANCE GROUT, FIVE STAR OR EO'JAL) (USING 57RENGTH DESIGN) MAX STRESS PER BAR - 1 x 690 IN -K 1.7 x 853 K = 529 KSI < 0.91601(4:3) 48 IN 3 4 x 127 IN 4 - 72 KSI OK CHECK BOND BETWEEN GROUT AND REBAR FUSE WORKING BOND STRESS 07 30 P51) ALLOWABLE BOND -( 3 x Ti It 144 "1(30 550(1 /1000) = 41 K /3AR MAX. TENSION PER BAR = 52.9 KSI x 1 IN = 40 K < 41 K OK 17 SHEAR FRICTION = (_ _ V •N = 1.7 x 115 K • 3.8 KSI 'VU DAVE :10 4)( 1.27 ) COMBINED LOADING - 52.9 KSI 3.8 KSI - 0.79 < 1.0 OK 0.9160 450(4/3) 0.85)60 450(4/37 �7 STRESS ANALYSIS z m SAGE SYSTEMS Ti ° SITE. DUZIINKIE, AK - m IP m w -n vaimont, 51 CWB I Z N MICROFLECT ' EG \- VI s DATE 21JUN1'i 35I6 STH STREET SE. SALEM. OR 97E02 MAIN 15031363 -9247 FAX• 15031310 -2040 5.0. 155530 - a APP'iraSon - Page 17 o126 1 1 ::::-V-71- -71. ' ::-;-:1;;;;F---- 17.7- :T.,__.--.,:-.7,-ri I i I y , =" - 1 I - `t .1 ,: - e ICI '9 -_ _ -- ___ —._ . I .. . i ''',11 Public Hearing It m 7 -G KODIAK ISLAND BOROUGH RESOLUTION N0, 87 -41 -R A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE DISPOSAL OF CERTAIN BOROUGH LANDS III OUZINKIE. • WHEREAS, the U.S. Public Health Service (PHS) is assisting the City of Ouzinkie in upgrading.and enlarging its community utility system, including water and sewer lines; and WHEREAS, due to favorable topographic conditions, PHS requests a ■ utility easement across Borough -owned property for the siting of a water storage tank and water transmission line; and WHEREAS, this use of Borough land will serve to enlarge and improve infrastructure needs of the community of Ouzinkie to allow for future growth and development; and WHEREAS, the Planning and Zoning Commission at the June 17, 1987 ■ meeting held an advertised and noticed public hearing and recommends approval 1 of this request. NOW, THEREFORE, BE IT RESOLVED that the Kodiak Island Borough Assembly authorizes a utility easement across a Portion of Block 2, Tract C, I U.S.S. 4871 Ouzinkie School Site. PASSED AND APPROVED this 7 day of July , 1987 by the I I Kodiak Island Borough Assembly. KODIAK ISLAND BOROUGH • ough Mayor ! \ ■ Y ■ Ppelldlnq Officer • � I ATTEST; A RY A;. eon& Clerk 1 Application - Page 19 of 26 oss mn MAR MOT 13“ c � c - ( m o , � L! A ;; ) .« „toot <ct m qR ° 1:141r h "9j. 1 N �71,4� E At *We \Oa* ® �O , A 0 #0, , , „as 3 Atf, r ir r-,, * ®® 44 44 . , „ • ® ®® ® ®• 44 41fr' 1 4 1/4 4 4 14 a t ' * UM 31fiP OUMENECIE A _ v Ja / LEGEND MOSTENO MAP - R -2 TWO FAMILY RESIDENTIAL P m. i. 7 N< INI2: IN MC iO»Kf N1M Y.I.B. OPgNMCE )) -19 -0. NL LANOS mix.. ME y [C3`EF17E LxnR Of d12NFE /AE PE1OKO 70 P -1 VNLESS OIKBMSE SNf 0*1 1x5 20mPL NM. vs., ossstss Mop Off To Roue Beim w etsu i rls k ipe WM E.r „k ups Bus ____ rTr 1 Sooro.mots Reuling et MI, Tunk Sim)) EimteusCutis tettous Round • . \ 4, ester Ism 1 Cable Attaches • y Grovel Easement Ivan. Lewv.. ivnx IIII Il,l (Appro. 91, W de) R SAGE SYSTEMS TECHNOLOGIES Anclunse Musts. Kodiak Microwave System (KMS) Appro.. 6 • • _ < 2 , • • • • • • } O 0 e O _ 1— II o r � 35' 8' _i 3 10' -3' 21' -11' 3J C 7 G I 12 2 I Vl'Alty Grovel Easement (Approx. 911 Wide) f SAGE SYSTEMS TECHNOLOGIES corwov Aa�.AK 503 2) Kodiak Microwave System (KMS) 1.„ve.„ nn i t .ra, .� X N ' ..�A 1 ,. .,,,,,,, ot root, 4. oot4o.4 iotw000 woo [nnn �i m oP off to 0000 ,.n. o e o 0 0 0 0 2' 0 o o 0 0 is — o r O t,. I_ - . --1 T lxenn Sn .niY 24,0, Caen , eeC Eqe la & .k,.oroek I�nO,.n wtn w.nr. ' cn toot u,on a.mn O�.n.) I 4 mmwei..nunn o " n >' 0 cr , i � Notes: gisk drawing n..o-n 0 -132024 and 0 -132023 for SAGE SYSTEMS TECHNOLOGIES 2702 Ik-nal3 St Kodiak Microwave System (KMS) (Wink. - Layout ou. , -fry 1 ,cale . iv—, [ sn.a,nr. 1 .... 't' 4_j i r e. 4 y \ N:' � Pi "%\S v6. AREA -2425 50. FT. uMn DETAIL o VICINITY MAP Z p Z ' mm c v ■ AA N \ \ 4 W QO. O \\ 0 £ f m \ \'. U.S. 4871 f EZISTING TRACT C a m WATER T • • ,r BLOCK 2 COO Z + -1 a � � - � 1 'o N 54 '52'22 " E 699.32 �%r - _` - -- --.�GRAVEI. DRNE is n RI a �rrST1E�E�D BT 01 `fir o _ _____ _ THIRD STR EET ___ ml� 0 m �___ (60' WIDE — 1 A — ________ GRAVE ROAO� -_T o LEGAL DESCRIPTION TRACT A - _____ < I m U.S. 4671 � r r__' BEGINING AT A POINT: SAID POINT BEING; THE SOUTHWEST CORNER OF I I I TRACT C. BLOCK 2 OF U.S. SURVEY 4871, SAID POINT ALSO i 5,I BEING THE NORTHWEST CORNER OF TRACT A OF U.S. SURREY L_3 4871. THENCE N 54'52'22"E A DISTANCE OF 699.32' TD THE TRUE POINT OF OWNING: THENCE N 56•07'24" E A DISTANCE 0F60.02'; THENCE N 3522',r W A DISTANCE 0E39.65'; THENCE 5 54'37'43' W A DISTANCE 0F60.00'; THENCE S 35'22'17" E A DISTANCE 0F39.65'; 0 100 200 300' TO THE TRUE POINT OF BEGINNING EIAVING AN AREA OF --` 2426 50. FT 0.056 ACRES MN MI=MI "` a -=] SURCOR CFAIF1G11E Legal Description: PLAT OF I IOW CO iT 1611161 WPM COWED NO mom PART OF TRACT C BLK 2 OF U.S. SURVEY 4871 IE(HlD (F AURA 10 MIRE l R SIAM NM SPX ,1w r . m .a -, s 9a 6 .aImesllrsxtrlumL m lE ala6wworaa ` / ,S '4_, • ; OW B DEMO 60 9w a wears No one was OUZINKIE ALASKA Ntl 4 loamY '' mum eY airs AT - PENS PIPE lg•, rm,o19T A ` • -, IU - m 40(.0 ass. 02-94_06 Anux RstaanINO n o r - ... w - OVER HEAD POO ° A . H1uiii 0 -- ' ' Ipp 1 ADD' ri7 Mat NO. 3 IMO 1 - CIWN IOW( FENEE PRBPARSD FOR: �l c3 OLD HARBOR NATIVE CORP. ST. DINKY SURVR7R0 INC SET TO N.L COMMONS smuts. EMOIBT(S congas, RE3M7:1EW, RES/MOMS AND RIGHTS OF NAY OF RECORD. to kW MA ANAL Auaai MIS (tor) Oar - +Loa Public Hearing Item 7-G • --- '-o•-•1" 'yr-toile's"! 4 . • i• - - 1 stl• V- •C•a.^.41.P.Hlt.tr--•vit:.'74.6•4;k:4;--N '..CAHZ•iiirkliaH":4:75-1114:** '-f-1-64tt-'1: k Vi .4;4; laf,S-1.4-•::: - ;/ tifl: Yr: . - 2- 1 .< ''`';''`..- - -ri.'" ''' '' '' n .....- '' ) tr - til`•.''',, rirt74 Extend Fence 4 .4."24: :11e<47:T4r/a -- '- - ---- -- — -- -'1: Id i 14;'%4E O To Allow 7 - ...eig9 — . ., ac .. a , y .t... 45 _ t-i.%-...;;.-Aa. it ... .t ou w , 67,, ,r - .t icir st . ; : „. ... ; ; 7.3 ::: ; ;..... :. .. Water Tank Utility 1 ."4,.. i i NA Fo o r y T ed ow o e v r e T r o t q Easement .0* 40 1- -7 ..± - -. • . Fr . ..--- , - ...",s ..... As Not To .. ! .t.;4t- r....47}Vtvo.t.-I,--c :IAN' •*j .lefe° 4‘ %- r Ate • ' , -` '7 4 ,,G; , Interfere With The 5r.-! W.,1 W:3* .' . .41', viiii.,.',.4•Ttre 1 s : ... 1/4 1•.1/4 4k4" 1%.1,4b....„ars., t d W h O fick„.. %,"A"'%■ reir-4.),VX.: ' Lt. t'Es') ''' x ' 't.';47Ctrf'tF. a: •-4.4%..,,l'ia H.,(4 Overhead ',.•'• ::74 - .3 - 3,z• w . :‘ :T.. ottrit,54.2.,W,EN:,:ri, , ' -..., --:.c.,.e.a., :.,,,‘, __,,;s4E,..,,Ec• .,„ 4 t .:•.„..- a ..., .,: „.,- t444e, , .4„:".k....4. 4 .4. , - ' ' Tank Cable ... - T • • •••- , e4 • .‘••• 4 -'• 4 ‘.4 4 . -- k• .t" • . / -.4* 4 ":'. t'ig-14,14%tit• ,...,,f."...a't.,"---Iint " s t•-. 411 •,,,-,•-.---A- .1.::•""_,J.; ..N4r.t4fr.114.1 \ •;,..ft."4:ee'c'St% '''% t• O kisclar.c;.tr.taiistil . s•-• --.., ,•tv" 74- 9 71 ,- tedit„,...c-t.. ti,4,1 • Water lw..... 1 .,,....tr.„.s.:, 3,:c-r 7 „ ..-, -3_ Tank Cable 13.7k-- ,-41...-4-4-4,1%. i „ St c ,,- ,-. ' .„ :: I. . 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C . -4.1141:04-1' tv :II \ '11,-;#1tgr1/4.Vtlyt.-‘41.41«A' at e ",,, r „...,kfp._ \,.. it' .. - 1 ' . t ; 4, ,, i° *6 .s.; - ^"' N e , - -,,,,Ity-te 4 C - „i.,:: , •;•:" 4 2-. ,p Ar5.4:-_-ts ,, - .•-• * c ‘-s - At t.• - a 4 , 4.: .s.'...e*-- ez.:•:,. ' .V" ae 3...c., • oirt it , e f..... - '--iti -..-0..,„,..r^e„,• .. .4,- , , i- c.•• ' ,-..c.•-,. 2.y: ,'. ,, ''''' hi" * il•-•:•r....e.a- Tower ,.. ,4.0„,,..." , _• s r, i ..,:, %OD° .-ii.,i.w.f.m.,441; wil,mf.,..??.0.,:ivik--,7it., Iv:4,...,1:r '. w ft., ay:. ,4,"e,r'''.," .. 4 '.;i4 `......a,:w. ,,O, 4 -4t. s7 7";,a , c .., • Foundation ,- .. c.); .,, --.,„ ,. atofi4 c•Syty0,-,0 ,..- r ' 7., drq:, ••• Ai tz,„-'1,4f,q147,_-1. ms,tt,,,41 ' ' - V;47 'I ; 14- •' -vc ft'ait - V, ii NA," e- ';' ...1 -% ]:" 1 % c. % , r4 .a.'.A Piers (To Be f,.. ...t,T.',...‘ (;•-...k....,,,y..AL:?.S.,1.7.,.. . ,- nt; ;4- " . "‘ • v• . it e c •.-- ./ 4. .44., 4 1'4.1. 4 40.19 6 ,t, r•IZ' - •• ••,`; • •■ .: '4.:•11/44,- ,•74-fiiiti., ' ttit.: • , Further 'i 4 ci 4 - lk,4- ''',.-tc1;;;:k-,v1iPA v ; . tt r ..1 . 04 \c` t44 " 1 / 4 :' oti lor „ec ..... - ' A / - '%-% 4 % '' it n ' - ' - T r .'' attet't ..•,..,,,qtxt..:4..12-difi. ±!;:„...,-:, 4 Right From - 4v42,7: .-.-; .. .,,,,, r , ‘,,:,i,:.-1, ',..,,,-,.,*-., ' ' e`e,..-zt.Siitc,4•V't "°,.: ' 1 *" -- -,6 1- "Nr•:,-, ,.... si 1 Markings k..- ..‘7 -- i rc e2P.). t 7F4': ' k":7 --,- 4 ; ,0- "tri .. - -- -, •••Psw - 74,-.•fl.•••••. i t. hl:c.r.;';%;% a p..t.;.• \ -, C ", ."1,r ..'er cl -. * 4 4 \ Here Once .1,, ,, .. ,,... 1 ,,„ ..;,&,..., i.LA .2,,.. ti,4 • • fi • •• 71; .. 4.44•( - *, „ ,.•.•. 1 :1 44 • .1: rt..t Fence Is ; ! -.... :,;- ,.., ,: ,', p- 1 :7. - ,.-,, Extended :; t" • „:-,, Water Tank ' 1.• Outward 4' ": ' 11 (Behind KKCC Hut) -r. ma ''' . • ' 4; t ': a-4 I i'' 4- ::or7: ' ' 4'.:: ?,, r:it-ir' - _ . -.....,,,..- jr -;:fr:' :-, s b - 1 ts.,,,k,- A.40-..,•.rrtti.,s,:vi,ea.t% "' v .5 , j ..,vii. , ::• , :. ,, f , //;s6 ,. d r IA 4 Existing KKCC L _ -- ,t„,.... 1. ; . .;%., 7'". '' t' t al s ....tte il l - t r i i" j 7 1%2 ': '' ' * .. 24 ''',.. 0 :' •kri."--4 Commu_nicationNut 1 4.*.4-€:.; ;‘,;', b v 'At ' --tr-..-1 yo , ch i 4 ; ....-1.4 .1 ' '1 t i kilV.L., Vit••••7 4 Application - Page 25 of 26 Public Hearing Item 7 -G Th ! s C) u OM i N 0 it F ILD)); [ a I. ri, , ,... , Application - Page 26 of 26 Public Hearing Item 7 -G Request Rezone, in accordance with KIBC 17.205 to consider a change Current Location in zoning for Tract C, Block 2, U.S. Survey 4871 (Ouzinkie Townsite), Ouzinkie Townsite, from R1- Single- family Residential to PL- Public Use Land; and, Tract C, Block 2 A prospective Variance in accordance with KIBC 17.195 & 17.130.060 P & Z Case 12 - 006 (Building Height) to allow a 13 by 13 foot microwave communications Kodiak Island tower (and related facilities) 70 feet in height which will exceed the 50 Borough foot maximum building height in the zone by an additional 20 feet; and, A Site Plan review in accordance with KIBC 17.130.020, which requires a commission review of all permitted uses and structures in the PL- Public Use Land zoning district. \ CV uss 4871 c .anti c aLDCKt , ® , 4‘ 4 10 at. -05 1 e USS 3885 4 fr © T�` \ 1 ° ° ®o®® • 4406> USS 3169 Kodiak Island Borough GIS Legend N Al,.." n ". `. \\ I 6 Subject Parcel � I � � l E Feel . 4 01 0 360 720 1 ® Parcels selection I 1 1 1 t i 1 1 ( S This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location or 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 Public Comment - Page 1 of 4 Public Hearing Item 7 -G KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 June 10, 2011 Public Hearing Item 7 -G PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, July 20, 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: 12 -006 APPLICANT: Kodiak Island Borough AGENT: Dave Bums, Kodiak -Kenai Cable Company, LLC REQUEST: A Rezone, in accordance with KIBC 17.205 to consider a change in zoning for Tract C, Block 2, U.S. Survey 4871 (Ouzinkie Townsite), from RI- Single - family Residential to PL- Public Use Land; and, A prospective Variance in accordance with KIBC 17.195 & 17.130.060 (Building Height) to allow a 13 by 13 fool microwave communications tower (and related facilities) 70 feet in height which will exceed the 50 foot maximum building height in the zone by an additional 20 feet; and. A Site Plan review in accordance with KIBC 17. 130.020. which requires a commission review of all permitted uses and structures in the PL- Public Use Land zoning district. LOCATION: Tract C, Block 2, U.S. Survey 4871 (Ouzinkie Townsite) ZONING: RI- Single - family Residential This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department Written comments must be received by 5 pm, July 5, 2011 to be considered by the commission. It' you would like to fax your comments to us, our fax number is: (907) 486 -9396, or you may entail your comments to ssmith(a,kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting. on Wednesday, July 13, 2011 a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Rooni ( #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: flailing Address: Your property description: Comments: Public Comment - Page 2 of 4 Public Hearing Item 7 -G ALEX AMBROSIA EMIL ANDERSON ESTATE JAMES ANDERSON ETAL PO BOX 36 P.O. BOX 50 9499 BRAYTON DR #86 OUZINKIE, AK 99644 OUZINKIE, AK 99644 ANCHORAGE, AK 99507 CHRISTOPHER &c SHARON TERRIE BOSKOFSKY GALE BOSKOFSKY BOSKOFSKY PO BOX 22 PO BOX 33 3811 W. 74TH ST„ APT. C OUZINKIE, AK 99644 OUZINKIE, AK 99644 ANCHORAGE, AK 99502 ZACK CHICHENOFF LOVE CHICHENOFF- PANAMARIOFF ANDREW CHRISTOFFERSON P.O. BOX 75 PO BOX 15 PO BOX 8701 OUZINKIE, AK 99644 OUZINKIE, AK 99644 KODIAK, AK 99615 ANDY CHRISTOFFERSON SR CITY OF OUZINKIE DANNY CLARION 1516 E. REZANOF DR. P.O. BOX 109 PO BOX 29 KODIAK, AK 99615 OUZINKIE, AK 99644 OUZINKIE, AK 99644 MEREDITH EATON MICHAEL EISENBAUMER WILLIS GARNER P.O. BOX 74 221 DENALI ST. #2 P.O. BOX 68 OUZINKIE, AK 99644 ANCHORAGE, AK 99501 OUZINKIE, AK 99644 ARTHUR HAAKANSON ROGER JOHNSON NICHOLAI KATELNIKOFF PO BOX I P O BOX 66 PO BOX 170 OUZINKIE, AK 99644 OUZINKIE, AK 99644 OUZINKIE, AK 99644 KODIAK BAPTIST MISSION KODIAK ISL MSG AUTHORITY KODIAK ISL MSG VELORIA CHEEK, ESQ. 3137 MILL BAY RD AUTHORITY/THEOD NATIONAL MINISTRIES KODIAK, AK 99615 3137 MILL BAY RD VALLEY FORGE, PA 19482 KODIAK, AK 99615 KODIAK ISLAND BOROUGH SHEILA LEINBERGER MT. MCKINLEY FAMILY TRUST 710 MILL BAY RD PO BOX 1230 2428 GLENWOOD KODIAK, AK 99615 BETHEL, AK 99559 ANCHORAGE, AK 99508 JACKIE MULLER VICKIE L NOVAK HANS OLSEN JR GENERAL DELIVERY 3304 IOWA ST #5 1221 W. KOUSKOV ST OUZINKIE, AK 99644 ANCHORAGE, AK 99517 KODIAK, AK 99615 MUNICIPALITY OF OUZINKIE OUZINKIE TRIBAL COUNCIL TIM PANAMARIOFF JR PO BOX 109 PO BOX 130 P.O. BOX 54 OUZINKIE, AK 99644 OUZINKIE, AK 99644 OUZINKIE, AK 99644 Public Comment - Page 3 of 4 Public Hearing Item 7 -G CLIFFORD PANAMARIOFF SR JOHN PESTRIKOFF NICK PESTRIKOFF P 0 BOX 74 P.O. BOX 266 GENERAL DELIVERY OUZINKIE, AK 99644 KODIAK, AK 99615 OUZINKIE, AK 99644 NICHOLAS PESTRIKOFF JANELLE SHANAGIN TRICIA SQUARTSOFF P.O. BOX 49 PO BOX 64 PO BOX 150 OUZINKIE, AK 99644 OUZINKIE, AK 99644 OUZINKIE, AK 99644 THEODORE SQUARTSOFF MARTIN SQUARTSOFF HERMAN SQUARTSOFF P.O. BOX 77 PO BOX 51 PO BOX 189 OUZINKIE, AK 99644 OUZINKIE, AK 99644 OUZINKIE, AK 99644 JOHN SQUARTSOFF PETER SQUARTSOFF ETAL TRACIE SQUARTSOFF MINOR PO BOX 117 C/0 HERMAN SQUARTSOFF BIA OUZINKIE, AK 99644 PO BOX 70 P 0 BOX 77 PORT LIONS, AK 99550 OUZINKIE, AK 99644 PO BOX 28 i Kodiak Island School District Kodiak Island School District OUZINKIE, AK 99644 I Attention: Stuart McDonald Attention: Scott Williams 722 Mill Bay Road 722 Mill Bay Road i Kodiak, AK 99615 Kodiak, AK 99615 Public Comment - Page 4 of 4 Public Hearing Item 7 -G MEMORANDUM DATE: July 8, 2011 TO: Planning and Zoning Commission SUBJECT: Information for the July 20, 2011 Regular Meeting CASE: 12 -006 APPLICANT: Kodiak Island Borough AGENT: Dave Burns, Kodiak -Kenai Cable Company REQUEST: A Rezone, in accordance with KIBC 17.205 to consider a change of zoning for Tract C, Block 2, U.S. Survey 4871 (Ouzinkie Townsite), from R1- Single- family Residential to PL- Public Use Land; and, A prospective Variance in accordance with KIBC 17.195 & 17.130.060 (Building Height) to allow a 13 by 13 foot microwave communications tower 70 feet in height which will exceed the 50 foot maximum building height in the PL zone by an additional 20 feet.; and A Site Plan review in accordance with KIBC 17.130.020, which requires a commission review of all permitted uses and structures in the PL- Public Use Land zoning district. LOCATION: Tract C, Block 2, U.S. Survey 4871 (Ouzinkie Townsite) ZONING: R1- Single- family Residential Forty -five (45) public hearing notices relating to this request were mailed on June 10, 2011 Date of site visit: None Made — KB GIS Consulted 1. Zoning History: The site was rezoned to R1- Single- family Residential by Ordinance 77 -19 -0. 2. Lot Size: 13.24 acres. 3. Existing Land Use: Community School; Public Water Storage Tank Staff Report - Page 1 of 12 Public Hearing Item 7 -G 4. Surrounding Land Use and Zoning: North: Lot 1, Block 3 Ouzinkie Townsite Sub. Use: Single- family Residential Zoning: R1- Single- family Residential South: Lot 1, Block 1; Lots 1 — 6, Block 2, Lots 1 & 2, Block 3; and in Ouzinkie Townsite Sub. Use: Three lots — SFR, the rest are Vacant Zoning: R1- Single- family Residential East: Unsurveyed & Unsubdivided Land Use: Vacant Zoning: R1- Single- family Residential West: Lots 1 & 10, Block 9, Ouzinkie Townsite Sub. Use: Single- family Residential Zoning: R1- Single- family Residential 5. Comprehensive Plan: The 2008 KIB Comprehensive Plan Update designates this area for Public Use 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.10.020 REFERENCE AND USE. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.10.030 COMPREHENSIVE PLAN. For the purpose of this title, the Kodiak Island Borough comprehensive plan consists of the following documents: A. Kodiak Island Borough comprehensive plan update dated December 6, 2007, prepared by Cogan, Owens, Cogan and the Kodiak Island Borough; ... 17.205.030 MANNER OF INITIATION. Changes in this title may be initiated in the following manner: A. The assembly upon its own motion; `B. The commission upon its own motion; and C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development department, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. Staff Report - Page 2 of 12 Public Hearing Item 7 -G 17.205.055 SUBMISSION TO ASSEMBLY. A. Within 30 days after the commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the assembly, the assembly shall act in accordance with this chapter, and notice shall be issued as provided in KIBC 17.205.070 by the clerk. B. If the commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within 10 days, files a written statement with the clerk requesting that the commission's action be taken up by the assembly. 17.90.040 BUILDING HEIGHT The maximum building height allowed is fifty (50) feet. 17.195.030 INVESTIGATION. An investigation of the variance request shall be made and a written report provided to the commission by the community development department. The findings required to be made by the commission shall be specifically addressed in the report. 17.195.040 PUBLIC HEARING AND NOTICE. The commission shall hold a public hearing on each properly submitted application for a variance within 50 working days after the date of the next available meeting agenda deadline. The applicant shall be notified of the date of such hearing. The community development department shall send to each owner of property within a minimum distance of 300 feet of the exterior boundary of the lot or parcel of land described in the application, notice of the time and place of the public hearing, a description of the property involved, its street address, and the action requested by the applicant. For the purposes of this chapter, "property owner" means that land owner shown on the latest tax assessment roll. Notice shall also be provided in accordance with state law by legal publication in local newspapers. 17.195.050 APPROVAL OR DENIAL. Within 40 days after the filing of an application, the commission shall render its decision, unless such time limit has been extended by common consent and agreement of the applicant and the commission. A. Approval. If it is the finding of the commission, after consideration of the investigator's report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted: 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; Staff Report - Page 3 of 12 Public Hearing Item 7 -G 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare; 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; 5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and 6. That granting the variance will not permit a prohibited land use in the district involved. B. Denial. If the commission finds, after consideration of the investigator's report and receipt of testimony at the public hearing, that it cannot make all of the required findings in subsection A of this section it shall deny the variance. 17.195.060 CONDITIONS. The commission, in granting the variance, may establish conditions under which a lot or parcel of land may be used or a building constructed or altered; make requirements as to architecture, height of building or structure, open spaces or parking areas; require conditions of operations of an enterprise; or make any other conditions, requirements or safeguards that it may consider necessary to prevent damage or prejudice to adjacent properties or detrimental to the borough. When necessary, the commission may require guarantees in such form as deemed proper under the circumstances to ensure that the conditions designated will be complied with. 17.195.070 EFFECTIVE DATE. The decision of the commission to approve or deny a variance shall become final and effective 10 days following such decision. 17.195.080 CANCELLATION. Failure to utilize an approved variance within 12 months after its effective date shall cause its cancellation. 17.195.090 APPEALS. An appeal of the commission's decision to grant or deny a variance may be taken by any person or party aggrieved. Such appeal shall be taken within 10 days of the date of the commission's decision by filing with the board of adjustment through the city or borough clerk a written notice of appeal specifying the grounds thereof. Staff Report - Page 4 of 12 Public Hearing Item 7 -G 17.195.100 STAY PENDING APPEAL. An appeal from a decision granting a variance stays the decision appealed from until there is a final decision on the appeal. COMMENTS - GENERAL This request was initiated by the Kodiak -Kenai Cable Company (KKCC) as part of a series of requests to create a microwave communications network to connect Ouzinkie and Port Lions with the submarine fiber -optic cable system previously constructed by the KKCC. The submarine fiber -optic cable currently serves the Kodiak road system and was instrumental in providing faster Internet services, providing greater bandwidth at a lower price point than satellite based systems and eliminating the latency (lag time) that was noticeable in voice calls to and from the island. An extension of these same broadband services to the villages would carry with it many of these same advantages. The KKCC had previously considered this site for a tower location in Ouzinkie as part of a prior attempt to connect the communities over Sharatin Mountain (Case 09 -004). That location proved to be challenged by extreme climate conditions. As a result a new series of relay sites and repeaters have been designed to function at lower elevations which appears to be a little more complex but which should make the operation and maintenance of the system more convenient and cost effective. In order to achieve the necessary "line -of- sight" with the overall lower elevations may require an increase in tower height at strategic locations in order for the system to work as intended. This case will consider three separate issues. First, a rezone is required to allow for the consideration of utility infrastructure development on the Ouzinkie Commuity School site. Schools are a permitted use in the R1 zone but utility infrastructure other than for service connections is not specifically allowed. Staff recognizes that most schools and utility installations are typically accommodated in the PL- Public Use Land zone where both uses are allowed as permitted uses. The City of Ouzinkie is predominantly zoned R1- Single- family Residential due to the broad brush application of the zone going back to 1977. Now that the community is seeing some new development this single zone approach is not serving the community as well as can be. The second request is a tower height variance. This is being referred to as a prospective variance because it is being considered under the PL- Public Use Land zoning standards which will not apply until the commission and assembly have taken some affirmative action on the above request. While staff believes this will be likely to occur, it is not a foregone conclusion until the assembly adopts the zoning amendment by ordinance. Hence, the prospective nature of this request. Staff will recommend that the variance does not become effective until such action occurs. And lastly, the PL zone requires a site plan review for all permitted uses in the zone. It is not required that the site plan review be a public hearing, but staff has included the review here so that the commission can see all aspects of the request in once case and take public testimony on all aspects at one time. Because the commission is asked to Staff Report - Page 5 of 12 Public Hearing Item 7 -G consider a tower height variance, staff believes that the site information in support of that request is adequate to serve also for the site plan review requirement. COMMENTS-REZONE This case was initiated by the KKCC with the approval of the borough administration to bring this case forward. The site is currently developed with a school a public water supply storage tank. The school is a permitted use in the R1 zone but the 250,000 gallon water storage tank was permitted as a zoning Exception back in 1987. The Exception process is no longer a part of the code and project approved under those provisions have all become nonconforming uses. In this case, staff deemed that a rezone to bring the tank into conformity and to allow the consideration of new infrastructure to serve the community would be best accomplish in the proper zoning district. The PL- Public Use Land zoning district allows utility facilities and substations as a permitted use, subject to a detailed site plan review. When the Exception was granted in 1987 there was also a land disposal approved by the assembly which was intended to create a substantial utility easement for the public water storage tank, underground water mains and providing access to the site separate from the community school access. While the tank and other related improvements were eventually developed staff cannot find any evidence that the utility easement proposed as part of the Exception or Land Disposal processes was ever completed. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The proposed rezone to PL- Public Use Land zoning is consistent with both the 1984 Ouzinkie Comprehensive Plan and the 2008 Kodiak Island Borough Regional Comprehensive Plan Update. Both plans identify this area for Public Use. The 2008 plan has several goals that talk about diversified economic development in the community. In addition, there were several goals and objectives that talked about improving the manner in which the borough interacts with the community on a range of issues, presumably including how the borough regulates land use and zoning. This rezoning process, therefore, is an opportunity to work with the community to create some beneficial two -way communication. Although this case alone may not justify a meeting to be held within the community, the Commission and staff should be sensitive to the idea of ensuring the people of Ouzinkie are fully and meaningfully included in the process. The rezone would have the benefit of moving the existing water storage tank out of its current nonconforming status and allow for the development of new utility infrastructure to sever the Ouzinkie (and Port Lions) community on borough property in a way that will conform to the appropriate zoning standards. It should be noted that staff was unable to make a site visit in this case and therefore was not able to investigate this case as thoroughly as other cases here on the Kodiak Staff Report - Page 6 of 12 Public Hearing Item 7 -G road system. Nevertheless, the KIB GIS was consulted as well as other secondary sources of information. RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Tract C, Block 2, U.S. Survey 4871 from from R1 - Single Family Residential to PL- Public Use Land, subject to the findings contained in the staff report dated June 8, 2011 as "Findings of Fact" for this case. 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 residents of Ouzinkie and Port Lions will benefit from this rezone if it allows the development of new communications infrastructure that could make data and voice communications less expensive and more capable that current services. The extension of these services may also benefit other areas around the community and marine vessels transiting close to the community. Improving communications to and from the community could also provide additional public safety benefits similar to those enjoyed on the Kodiak road system where wire line communications are not currently available. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Comprehensive Plan mentions the need and desire for economic diversity and economic opportunity in the community. The comprehensive plan designates this area for Public Use. A rezone from R1- Single- family Residential to PL- Public Use Land is consistent with this designation which will make this site suitable for conforming government and infrastructure uses in addition to the existing community school use while eliminating the nonconformity of the existing public water storage tank and related facilities. Staff Report - Page 7 of 12 Public Hearing Item 7 -G COMMENTS - VARIANCE This case is related to an earlier project to extend broadband communications to the outlying communities of Kodiak Island. In 2009, the Kodiak Kenai Cable Company (KKCC) had obtained a CUP (Case 09 -004) for a microwave tower on top of Sharatin Mountain which would be positioned to provide broadband services to Ouzinkie and Port Lions by using microwave communications. Unfortunately, that location proved to be unsuitable due to extreme weather conditions that could exceed the capability of the tower and related communications equipment. The Kodiak Kenai Cable Company has re- engineered the project as a series of microwave connections at lower elevations. The new system being designed at a much lower elevation will typically require higher tower elevations at certain key points in the system in order to function properly. Tract C is the location chosen in Ouzinkie for a receiving and relay tower because the topography provides the best exposure to other planned relay sites and because it will minimize the need for a tower taller than 70 feet. The purpose of the proposed microwave communications system is to connect the outlying communities of Ouzinkie and Port Lions to the same submarine fiber -optic cable which currently connects the Kodiak road system to the mainland of Alaska and the Internet as a whole. The proposed tower will be of similar design to the towers that were to be erected on Sharatin Mountain and at Swampy Acres. The tower dimensions are proposed to be 13 by 13 feet by 70 feet tall. This last dimension is the reason for the variance request as the maximum building height in the PL- Public Use Land zoning district is 50 feet. Utility facilities and communication facilities are a permitted use in the PL- Public Use Land zoning district, so this case is strictly focused on the request for an additional 20 feet of tower height. Of course the site is not currently zoned for a communications tower which is why this request is referred to as "prospective ". Staff will recommend a condition of approval that the variance will become effective only if the commission and assembly act favorably on the rezone request discussed above. In addition to this condition of approval staff will also be recommending other conditions of approval that are similar to those typically attached to communications towers permitted by Conditional Use Permit so that any incidental impacts of the proposed development on the surrounding community will be minimized. The petitioner has provided an overview of the project in the application cover letter dated May 31, 2011 which is located in the "Application" section of this packet. Staff Report - Page 8 of 12 Public Hearing Item 7 -0 RECOMMENDATION Staff believes that this request meets all the conditions necessary, as reflected in the findings of fact, for a variance to be granted under Chapter 17.195 (Variances) of the Borough Code, with the adoption of specific conditions. APPROPRIATE MOTION - VARIANCE: Move to grant a variance, in accordance with KIB 17.195 & 17.130.060 (Building Height), to allow construction of a 13 by 13 foot microwave communications tower 70 feet in height on Tract C, U.S. Survey 4871, which will exceed the 50 foot maximum building height in the PL- Public Use Land zoning district by an additional 20 feet, subject to six (6) conditions of approval contained in the staff report dated July 6, 2011, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. The color of structures and equipment will be subdued to blend in with the natural environment surrounding the facilities; and natural vegetation immediately surrounding the facilities will be preserved to the maximum extent possible to preserve visual aesthetics. 2. The site developer will minimize the disturbance of natural vegetation and will ensure that natural vegetation is restored to the site within two growing seasons. 3. Should the site be abandoned for any reason including the future advance of communications technology or development of alternative communications facilities, the site will be cleared of all improvements within one year of abandonment and returned to a natural state. 4. Should the exterior of the facility require modification to accommodate new or different equipment, which would substantially alter the visual impact of the facility, the modifications must be reviewed and approved by the Commission, as an amendment to this case, subject to payment of a new fee for public hearing review of a variance. 5. In reviewing this request, the Commission has substantially relied upon the project description and site plan and application for this case submitted by the Kodiak -Kenai Cable Company. The variance, therefore, is specifically limited to the facilities and operational parameters set forth therein. 6. The variance will not become effective until both the commission and assembly have acted favorably on a rezone from R1- Single- family Residential to PL- Public Use Land for this site. Staff Report - Page 9 of 12 Public Hearing Item 7 -G FINDINGS OF FACT 17.66.050 A.1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. The exceptional physical circumstances or conditions applicable to this property are not typical for a variance, but this site is strategically located on high ground that is close to the communities existing infrastructure systems. In addition, this site can, with an additional 20 feet of tower height over what would normally be allowed, can provide a line of sight to other relay stations thereby making a microwave communication link to Ouzinkie and Port Lions possible. 17.66.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance, restricting tower height to fifty (50) feet, would result in practical difficulties or unnecessary hardships which might make it economically unfeasible to provide the proposed broadband communication links to the villages of Ouzinkie and Port Lions. The result could result in a denial of broadband communication services and benefits similar to those enjoyed on the Kodiak road system. 17.66.050 A.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. The proposed 70 foot tower will be a substantial structure which may create some visual or aesthetic impact along the Third Street corridor. For this reason staff has recommended the inclusion of certain conditions which are similar to those typically applied to towers allowed by conditional use permit on Pillar Mountain and in other exposed locations on the road system. By applying these conditions of approval there should be no material damage or prejudice to other properties in the vicinity of the tower site or detriment to the public health, safety and welfare as a result of increasing the maximum height of this tower by 20 feet. 17.66.050 A.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 objectives of the Comprehensive Plan as utility facilities and communications sites are permitted in the PL- Public Use Land zoning district subject to approval of the related rezone request. Staff Report - Page 10 of 12 Public Hearing Item 7 -G 17.66.050 A.5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. No action of the applicant caused special conditions or financial hardship necessitating the variance. 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. Granting of the variance will not permit a prohibited land use as utility facilities and communication facilities are routinely allowed in the PL- Public Use Land. COMMENTS - SITE PLAN Staff believes that the site plan review in this case is subsidiary and incidental to the more substantial rezone and variance requests. Nevertheless it is a requirement that must be dealt with under the code, assuming that the rezone is approved by the commission and assembly. Staff has reviewed the site plan and already recommended conditions of approval for the variance case which are comparable to those applied to other communication towers that are approved by conditional use permit. Staff therefore recommends approval of this request with minimal findings as to the consistency of the site plan with approved plans and proposed change in zoning as previously outlined in this case. RECOMMENDATION Staff believes that this request meets all the conditions necessary for approval of a site plan to be granted under Chapter 17.130.020 (Permitted Uses) of the Borough Code APPROPRIATE MOTION - SITE PLAN: Move to grant site plan approval, in accordance with KB Code Section 17.130.020 (Permitted Uses), allowing establishment of a microwave communication tower on Tract C, Block 2, U.S. Survey 4871, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. FINDINGS OF FACT 1. The proposed communications tower and related facilities have been reviewed in the context of a variance request and subject to meeting the conditions of approval associated with that request the use and structure will be consistent with all relevant borough codes. Staff Report - Page 11 of 12 Public Hearing Item 7 -G 2. The proposed communications tower has been reviewed in the context of a rezone of Tract C, Block 2, U.S. Survey 4871 and based on that review it is clear the proposed use is consistent with applicable comprehensive plan recommendations for this site. 3. Assuming that all related requests for this project are approved, there will still be an additional site plan review for zoning compliance purposes to ensure compliance with required conditions of approval or other relevant codes not specifically cited in this case review. Staff Report - Page 12 of 12 4871 uss —� o � BA Y TRACT OF 'PACT � _�' t' N1Ag , USS 4871 / k N TRACT c ® � L� �r TR ACT 1 ,. ,. ® �a® 'fir 1 n >a 0 4 err 1® s ■10,1IN uss 3811110* ' 0 tike 4 ,4 * o \ ®aP 2 C y ��i , � K oz o .4 6 ® uss te7 �t��yw , was at a ) , ,-,,,t t 4 © 4 10 , :100 I +) r USS 3169 O ZIIrN Y ,IrE A REJA , 1702 / LEGEND ZONING G 'MAP \ / U a R -2 TWO FAMILY RESIDENTIAL c NOTE: IN ACCORDANCE WITH N.I.B. ORDINANCE 77-19 -0. ALL LANDS WITHIN THE o 'Op am . 5m I Fin UMITS OF OUZINKIE ARE REZONED i0 R -1 UNLESS OTHERWISE SHOWN ON THIS ZONING MAP. — B- Business W O / N � Pte. « l MA ®® a 9 G4 FA �® a 6" � t 4,„, C IL1 P re -Z v ® ®� ® ®� °� stint ruolongQ r O ,� ;:. O resi. :ntla �ofresidential ® Nillr< t / ' >a el . ahem .p ��O d r s i d a t t arti CD a 1 .^n aoE m it ® ®� ®k ev O ` � ..�.. m3 sit -44.0. 7..„ c-l'amia A ,47,_ 44 , m _ -__ �►� „s9 W ,w. ` E -13 E • Q Kodiak Island Borough - Ouzinkie: Proposed Future Land Use To 1 u N O N in Conservation n Mixed Use /Commercial/ Residential ,r E WaterfronUResidential i cc c m pin Kodia Industrial n Public Use /Religious ,.. w BOROUGH - —' comprehensive Ran update — ^^ Source: Kodiak Island Borough GIS, 2006 a N L U Public Hearing Item 7 -G Excerpt: KIB 2008 Comp Plan Update Coal Os, GPoDuoo®s Omig msairR it000t ctDons Many of the following goals, policies and implementation actions correspond to the issues . identified above and/or were identified in the Ouzinkie Community Plan prepared through a community process that took place over several months. ' Land Use Policy A Provide Flexibility in zoning to allow for lodges or cabins and home occupations, cemeteries and industrial areas. • Parks and Recreation Goal: Support efforts to develop parks and recreation - facilities. Implementation Actions * Assist the City in developing the empty space behind the school into a ball field. * Maintain facilities at the City pork at Sourdough Flats. • • Transportation Goal: Improve access to Ouzinkie. • Policy A Improve roads. • Implementation Actions * Increase roads inventory . - - * Resurface current roods . * Develop a community transportation facilities plan. * Build a new rock - filled sheet pile dock with necessary equipment that can accommodate the Alaska Marine Highway's Ocean -going terries and commercial expeditors. * Build a new airstrip developed in accordance with existing project design. * Develop access to the Alaska Monne Highway. _ Kodiaklsland Chapter ( j; Local Communities BOROUGH +�` } ' r +F.r fr " Pale 49' JnJanuary 2008 • pompmnensive Iran UpGVte - ; t '£ K;': `v =" ;' ,`^*'. .' Appendix - Page 3 of 4 Public Hearing Item 7 -G i Pb . h [ntcrton0 II .cp_J)---)f.ti , ) , 1 _ ...., 0,) 1 a 1 , k Appendix - Page 4 of 4 Windows Live Hotmail Print Message Public Hearing Ikge P &Z July 20, 2011 Ouzinkie Site Layout From: David Burns (dhurns @saaealaska.com) Sent: Thu 7/14/11 1:29 PM lo: Herman Squartsoff (sicharters@hotmail.com) (sichartersCr hotmail.com) 1 attachment Quzinkie - 1ov. Layoutpdf (47.6 KB) Herman, As discussed, we do need to ensure that the Planning and Zoning Committee is aware of and planning to approve the variance of the 25ft setback currently in place for Right of Way along the SE border of the property. As noted in the attached, we are looking to relocate the existing fence approximately 4 ft to the SE to provide sufficient room to install the tower without interfering with the overhead wire that is routed to the water tower. This version also moves the fence next to the fence which will provide better access for grounding work we still need to accomplish to properly integrate the tower and hut grounds. Let me know if you have any questions and I appreciate your assistance in working the Kodiak Island Borough to rectify these last few items. Regards, Dave rm David Burns DI Iti l=' 'g V Manager, Technical Solutions Division —_ JUL 1 5 2011 SAGE Systems Technologies, LLC C(311 .,, .NT DFAJft q 0:407- 302 -2645 C: 407 -925 -6751 F: 407- 302 -2646 Email: dburns @sagealaska.com Additional Information - Page 1 of 2 http: / /sn 111 w.snt 111.mail.live.com/ mail /PrintMessages.aspx ?cpids =51 aba996- ae60 -1 I e0 -... 7/15/2011 KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 4, 2011 REGULAR MEETING ITEM NO: 13.D.1 TITLE: APPEAL TO THE ASSEMBLY - An Appeal of the Planning and Zoning Commission's Decision of Case No. S11 -014 on June 15, 2011, GRANTING Preliminary Approval, According to KIBC 16.40, to Amend Note(s) on Plat 2000 -8, Relating to Access and Front Yard Setback Calculations for Lots 7 Through 10 and 12, Block 2, Perez Estates Subdivision. Appellant: Amanda Breeden. SUMMARY: 16.90.070 Appeal hearing. A. The assembly shall hold an appeal hearing on the appeal at its first regular meeting, 30 days after the appeal record has been completed. 16.90.090 Decision. A. The assembly shall either affirm or reverse the decision of the commission in whole or in part. If the assembly fails to approve the reversal of the commission's decision, that decision is affirmed. Where the assembly decides that a finding of fact by the commission is not supported by substantial evidence, it shall make its own finding on the factual issue based upon the evidence in the record. B. Every decision of the assembly to affirm or reverse an action of the commission shall be based upon findings and conclusions adopted by the assembly. Such findings must be reasonably specific so as to provide the community and, where appropriate, reviewing authorities a clear and precise understanding of the reason for the decision. C. The assembly's decision affirming or reversing the decision of the commission shall be mailed to the parties to the appeal within 10 working days after the appeal decision and approval of findings of fact. Eighty -one appeal notices were mailed. Returned notices will be provided. APPROVAL FOR AGENDA: ) RECOMMENDED MOTION: Move to affirm (in whole or in part) the Planning and Zoning Commission's decision on Case No. S11 -014 on June 15, 2011, Granting Preliminary approval, according to KIBC 16.40, to amend note(s) on Plat 2000 -8, relating to access and front yard setback calculations for Lots 7 Through 10 and 12, Block 2, Perez Estates Subdivision. Appellant: Amanda Breeden. Note: If the Assembly fails to affirm, a motion to reverse is in order. OR RECOMMENDED MOTION: Move to reverse (in whole or in part) the Planning and Zoning Commission's decision on Case No. S11 -014 on June 15, 2011, Granting Preliminary approval, according to KIBC 16.40, to amend note(s) on Plat 2000 -8, relating to access and front yard setback calculations for Lots 7 Through 10 and 12, Block 2, Perez Estates Subdivision. Appellant: Amanda Breeden. Note: If the Assembly fails to reverse, the decision is affirmed. Kodiak Island Borough qr N Office of the Borough Clerk 1 , 710 Mill Bay Road 011)4-- . 8, r Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 njavier@kodiakak.us NOTICE OF APPEAL HEARING This notice is being sent to you because our records indicate that you are entitled to notice of the original Planning and Zoning Commission's proceeding regarding Case No. S11 -014, Granting preliminary approval, according to KIBC 16.40, to amend plat notes A.1 and A.2 on Plat 2000 -8, by eliminating a restriction on Lots 7 through 10 and 12, requiring driveway /vehicle access only from Wilton White Way and requiring the front yard setback to be calculated only from that side of the lot and instead substituting plat notes that will allow for driveway /vehicle access to either Wilton White Way or Sharatin Drive such that the front yard setback will be determined to be whichever side has the access drive, subject to the following conditions of approval which may also be converted to plat notes for the sake of clarity, and to adopt the finding contained in the staff report for this case dated June 1, 2011, as Findings of Fact for this case. (Appellant: Amanda Breeden). The Kodiak Island Borough Planning and Zoning Commission, at its meeting on June 15, 2011, adopted Findings of Fact in support of granting preliminary approval and the vacation of the above referenced case. This case is going to be heard before the Kodiak Island Borough Assembly on Thursday, August 4, 2011, at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Written argument supporting or opposing the appeal may be submitted by email to niavier(a)kodiakak.us, faxed to 907- 486 -9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, August 4, 2011. All written comments submitted on this appeal shall become part of the appeal record. Per KIBC 16.90.070(B) At the hearing before the assembly, only persons who have submitted written argument on the appeal or testified before the commission, or submitted written comments to the commission, may present oral argument. The following may present oral argument before the board: persons who have submitted written argument on this appeal, or submitted timely written comments to the commission, or testified before the commission. Per KIBC 16.90.050(C) The appeal record shall be completed within 10 working days of filing of appeal. The appeal record shall include the draft minutes of the proceedings before the commission, the commission's written decision, and any written documents considered by the commission. Any party to an appeal from a commission decision may cause the appeal record to include a verbatim transcript of the proceedings before the commission by filing a request therefore, accompanied by a cash deposit in the amount of the estimated cost of preparing the transcript. Within 10 working days of notice of completion of the transcript, the person requesting it shall pay the actual cost thereof or the deposit shall be forfeited to the borough. A request by the borough for a transcript is not subject to the deposit or refund provisions of this subsection. The borough shall bear the cost of preparing the remainder of the record. Per KIBC 16.90.050(E) A copy of the appeal record shall be available for public inspection at the clerk's office. Any person may obtain a copy of the record upon payment of the appropriate fee. For any questions regarding this appeal, please call the Borough Clerk's Office at 486 -9310. Attached are the following: Appeal Hearing Form Appellants' Notice of Appeal APPEAL HEARING FORM An Appeal to the Assembly of the Planning and Zoning Commission's decision on Case No. S011 -014 GRANTING preliminary approval, according to KIBC 16.40, to amend plat notes A.1 and A.2 on Plat 2000 -8, by eliminating a restriction on Lots 7 through 10 and 12, requiring driveway /vehicle access only from Wilton White Way and requiring the front yard setback to be calculated only from that side of the lot and instead substituting plat notes that will allow for driveway /vehicle access to either Wilton White Way or Sharatin Drive such that the front yard setback will be determined to be whichever side has the access drive, subject to the following conditions of approval which may also be converted to plat notes for the sake of clarity, and to adopt the finding contained in the staff report for this case dated June 1, 2011, as Findings of Fact for this case. (Appellant: Amanda Breeden). ❑ This written argument is in support of the appeal. ❑ - This written argument is in opposition of the appeal. Name: Residence Address: Mailing Address: Comments: • Written argument supporting or opposing the appeal may be submitted by email to njavierkodiakak.us, faxed to 907 - 486 -9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, August 4, 2011. All written comments submitted on this appeal shall become part of the appeal record. N r _______ Th ECEOVED1 JUL 2 1 2011 APPEAL HEARING FORM E _ _� c BOROUGH CLERK'S OFFIC An Appeal to the Assembly of the Planning and Zoning Commission's d eci§ion — on - Case -No-S0 — -014 GRANTING preliminary approval, according to KIBC 16.40, to amend plat notes A.1 and A.2 on Plat 2000 -8, by eliminating a restriction on Lots 7 through 10 and '12, requiring driveway /vehicle access only from Wilton White Way and requiring the front yard setback to be calculated only from that side of the lot and instead substituting plat notes that will allow for driveway /vehicle access to either Wilton White Way or Sharatin Drive such that the front yard setback will be determined to be whichever side has the access drive, subject to the following conditions of approval which may also be converted to plat notes for the sake of clarity, and to adopt the finding contained in the staff report for this case dated June 1, 2011, as Findings of Fact for this case. (Appellant: Amanda Breeden). A T This written argument is in support of the appeal. ❑ This J written argument is in opposition of the appeal. Name: A46/ ` R0Se loaf / pd,,, � � "�7� / / ?t7 y� Residence Address: Q � /l1 S Alt ion 1,� i cic 10 (vv/ /� Mailing Address: PO. 6 et 711 /� c(i(_t-aL t �� _ 996/5 ,/5 Comments: Written argument supporting or opposing the appeal may be submitted by email to niavier0.kodiakak.us, faxed to 907 - 486 -9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, August 4, 2011. All written comments submitted on this appeal shall become part of the appeal record. ' '' f Kodiak Island Borough * e Office of the Borough Clerk ti; " ze ;; 710 Mill Bay Road ' , ,, Kodiak, Alaska 99615 ` % N'r Phone (907) 486 -9310 Fax (907) 486 -9391 Email: niavier(ahkodiakak.us Website: www.kodiakak.us August 5, 2011 Amanda Breeden 3265 Wilton White Way Kodiak, AK 99615 Dear Ms. Breeden: The Kodiak Island Borough Assembly, at its meeting on Thursday, August 4, 2011, adopted the findings of fact and conclusions supporting its decision to affirm in whole the Planning and Zoning Commission's decision on: Case No. S11 -014 on June 15, 2011, GRANTING Preliminary Approval, According to KIBC 16.40, to Amend Note(s) on Plat 2000 -8, Relating to Access and Front Yard Setback Calculations for Lots 7 Through 10 and 12, Block 2, Perez Estates Subdivision. The decision of the Assembly was based upon the following findings of fact and conclusions: FINDINGS OF FACT 1. Lots 7 through 10 and 12, Block 2, Perez Estates Subdivision are constrained by topography such that it justifies a deviation from KIBC 16.40.050.B.2, but prior attempts to limit access to just one side of the lots or the other have not been helpful in the development of these lots. 2. The decision to access Lots 7 through 10 and 12, Block 2, Perez Estates Subdivision from either Sharatin Road or Wilton White Way should be made by the property owner or developer based on the specific design of the proposed dwelling and related site plan on a lot by lot basis. 3. As recommended by staff in the past, and acknowledged by the commission, the front yard setback should conform to the access drive location, however this provision should not be used for setback averaging unless it is based upon comparison of front yard setbacks regardless of each adjoining lots access and setback orientation. Dear Kodiak Planning Borough, Eliminating restrictions to lots 7 through 10 and 12 would cause increased traffic on Sharatin which is already a high traffic street. This would not only create a hazard to those planned homes with Sharatin as their access but also all those currently living on Sharatin and those with using Sharatin as an access road. Many people use Sharatin as a walk way and for bike riding, adding more traffic would increase the likelihood of an accident. These lots are also located close to Rezanof which is a major road that many enter and exit from onto Sharatin. Placing the back side of a home onto an established neighborhood would also change the structure of the street and the community atmosphere. We would like to express our appreciation for the opportunity to state real concerns to the proposed building plan by Mr. Arndt for lots: 9, 10 and 12. We are sorry we can not attend in person due to prior travel arrangements. 1. Traffic: Neither Perez nor Wilton White Way has side walks and many children play on these roads and adults walk these roads. These roads are narrow and short and would become a hazard if these roads became high traffic streets. 2. Property values and community atmosphere: A duplex on the already developed Wilton White Way could decrease property values and lose its sense of community. At this time all the homes on Wilton White Way are single family homes and there is already a plan for another single family home on the street. These homes are resident owned. When they have sold they have always increased in value because it is a safe neighborhood with a cul -de -sac which is safe for children. Placing a duplex in the neighborhood would increase this little streets traffic and decrease property values. Mr. Arndt had even said himself he would not want a duplex in his neighborhood if he lived on the street. 3. Trash and Noise: The number of cars for the multi unit dwellings increases the noise level, for each unit has one or more car. With a high turn over rate in multi unit dwellings there would be large amounts of trash, such as furniture, carpet, and large items which at times are placed in and around the dumpster. If the Borough was to switch to trash cans the number of cans would be unmanageable on such a narrow short street. 4. Lack of space: Wilton White Way with its short narrow road can not support large parking lots for multi unit dwellings. It is difficult for just a single family home to have a get together and find enough space for friends or family to park. If a duplex was to be built on the existing Wilton White Way development parking would be difficult. We encourage growth and look forward to single family neighbors. We would like to keep the neighborhood atmosphere and property values stable. Alan and Rose Wolf P.O. Box 791 Wilton White Way Lot #20 Kodiak, Alaska 99615 nrienel et Sasso :. Stoop Monks, DP Ott .. a.,.. — F O 0 0 ` 0 0 0 0 0 0 0 0 0 F II I os pct. I— •'—�1 El. w..pv D o. es,* KISCO n -c —fTt 1 Mu 0 CD ICI ro,.,.. r o - -...----..... — _ g o' • m m L N O N (� pp pp '0 — 0 _.� a.. D �Vv��V I � a „M . ,..boor 0- 13,02. «.,02023 b JUL 1 5 2011 a) N N O m. N CO SAGE, SYSTEMS TECHNOLOGIEW _ _ COMMUNITYOEVELOPMFNTCEP4 wo m Kodiak Microwave System (KMS) V 6 u. , ,,...,... y 1 ..boor,„ As a family with young children, we moved to this neighborhood because of the single family homes and the minimal traffic in the cul -de -sac. Prior to moving to this neighborhood, we rented a place on a busy thoroughfare. It was then that we had a very near miss with our two year old daughter, who was almost hit by a passing car. The lack of traffic is the biggest reason we moved here. It is our concern that if multi - family dwellings are built, it would exponentially increase the amount of traffic on this quiet street. Sincerely, William and Janet Amnld _ ,;24/// Cast I - `_ - �, IuJ J24 _ 1Sl / if 1 L — _2011 BL UN CLERt!'S GFFICr 33oo EA); l k-a:n 1 J Li : 4 Z I JaY Kodiak , A 99' rgnuE U I JUN 2 4 2011 COMMUNOY DEVELOPMENT DEPARTMENT APPEAL HEARING FORM An Appeal to the Assembly of the Planning and Zoning Commission's decision on Case No. SO11 -014 GRANTING preliminary approval, according to KIBC 16.40, to amend plat notes A.1 and A.2 on Plat 2000 -8, by eliminating a restriction on Lots 7 through 10 and 12, requiring driveway /vehicle access only from Wilton White Way and requiring the front yard setback to be calculated only from that side of the lot and instead substituting plat notes that will allow for driveway /vehicle access to either Wilton White Way or Sharatin Drive such that the front yard setback will be determined to be whichever side has the access drive, subject to the following conditions of approval which may also be converted to plat notes for the sake of clarity, and to adopt the finding contained in the staff report for this case dated June 1, 2011, as Findings of Fact for this case. (Appellant: Amanda Breeden). ❑ This written argument is in support of the appeal. ►,� This written argument is in opposition of the appeal. Name: Fear Vhu:. ahcdot e h Residence Address: kcz* v*s L c^ Mailing Address: T •Q.BmL LO4 - Kcd arc - (a K. ''46 [5 � J Comments: r r = _ c c c v - Lk \ r ca &0,ortS5 �cvnci� ca t-rca4acL CO t ko W C Q Wu, 11 r k I �. Jul 2 9 2011 ' L BOROUGH CLERK'S UriIUL I Written argument supporting or opposing the appeal may be submitted by email to niaviera(�kodiakak.us, faxed to 907 -486 -9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, August 4, 2011. All written comments submitted on this appeal shall become part of the appeal record. 6 APPEAL HEARING FORM An Appeal to the Assembly of the Planning and Zoning Commission's decision on Case No. SO11 -014 GRANTING preliminary approval, according to KIBC 16.40, to amend plat notes A.1 and A.2 on Plat 2000 -8, by eliminating a restriction on Lots 7 through 10 and 12, requiring driveway /vehicle access only from Wilton White Way and requiring the front yard setback to be calculated only from that side of the lot and instead substituting plat notes that will allow for driveway /vehicle access to either Wilton White Way or Sharatin Drive such that the front yard setback will be determined to be whichever side has the access drive, subject to the following conditions of approval which may also be converted to plat notes for the sake of clarity, and to adopt the finding contained in the staff report for this case dated June 1, 2011, as Findings of Fact for this case. (Appellant: Amanda Breeden). UEH11 1 , ❑ i This written argument is in support of the appeal. j D n— I �/ This written argument is in opposition of the appeal. I AUG - 4 2011 �, Name: c 'I • /_i i 02, I I �/ I BOROUGH CLERK'S OFFICE Residence Address: 3 cr--0 `(4- `// t . -K6ck is f f �� r G /� Mailing Address: b, l 4 7 n X t c k' 1e / F i t Comments:d , 7 -1-S— or- k6 • � t /. s,. act{ See 4ui t ,_ _ .)-Q 2 . Awteuitick). i , ��- ' sck. pp /./ 4- 2 cr.,. ?Ica 2c36 — S , --Co LRa_ AmCtgaL 3 p_eJ 'ap sew F� i ICY LX-i CA ?M.t ccess s ,. .h , s ';list..: ca 1 ' / — I . , 1 .. ' : / + I • _- n -CY C.tn , . . I � f �� i . • 1 1.. , _ ■ :. : i loo h 9 AK r -l'.. 4 •—a.". . -cor o1.e`� 4)5 A) iLt- —e..i - Written argument supporting or opposing the appeal may be submitted by email to niavier(a�kodiakak.us, faxed to 907- 486 -9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, August 4, 2011. All written comments submitted on this appeal shall become part of the appeal record. APPEAL HEARING FORM An Appeal to the Assembly of the Planning and Zoning Commission's decision on Case No. 5011 -014 GRANTING preliminary approval, according to KIBC 16.40, to amend plat notes A.1 and A.2 on Plat 2000 -8, by eliminating a restriction on Lots 7 through 10 and 12, requiring driveway /vehicle access only from Wilton White Way and requiring the front yard setback to be calculated only from that side of the lot and instead substituting plat notes that will allow for driveway /vehicle access to either Wilton White Way or Sharatin Drive such that the front yard setback will be determined to be whichever side has the access drive, subject to the following conditions of approval which may also be converted to plat notes for the sake of clarity, and to adopt the finding contained in the staff report for this case dated June 1, 2011, as Findings of Fact for this case. (Appellant: Amanda Breeden). ❑ This written argument is in support of the appeal. ` u ❑ This written argument is in opposition of the appeal. � n'I AUG 3 - 2011 Li ` .b1 4 41 ei ( 1 —, Name: I < e4 - `VV1 �-1 I L r 1 Residence Address: 556 5 Perez W ay L - '- — IGE' Mailing Address: SGw♦t2. / Comments: W e 4,t 1.71 - AA/0 - r 1)-1 rz, Z I S (LQ at i lfn - -Ii -n cJ ,rn/ hah ` -e e - s % _ 0 a �a l ii hi� a d-Oa / r/ t&Ai l tekeJ 4r emirs e-n (.t' LL �i ■a_. a" k) 4 ,4 mile e . J 1 l 1 ' / , e A/ / , a cc�SS . .. '.ice./ AIfi A. i ' '. 4 -SLR :// — /Li - `/ -e- w 0-<,r,1 /,_ / r'k-e 46 S- e.-e_ / - c ce - 7_ c t ad /r� I 1,71. t LU ,4I r�- (Dri j (_ Q LoC,t( 2 // ) -- { - c /� ) s 4 / 7 .2 - / � ' O p /'- Z in �?r4�.t e ' #c /1'1 /y - i �JaL //tie._ /l�lci' a f 77�y 1 // - Lori ' 2 ♦ �. / .. .......A ` / � � � . � / so' i G)h/r cu%l (1 ( - 4 4-1 L cis c7 /-&rfi it T i -I Arrg44 j w?r rtS, /1j. c 7'7 c \N 1 i• • . 2 a' e 4 S !tinmven4pd1-.4j Pn.7 jn r i / 02 MO Written argument supporting or opposing the appeal may be submitted by email to niavierkodiakak.us, faxed to 907 - 486 -9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, August 4, 2011. All written comments submitted on this appeal shall become part of the appeal record. This is in reference to Case No. S11 -014 After reviewing the original request for change and the appeal, We are of the firm belief that all the lots in question should have access to Sharatin Drive only. Our main concern, with access via Wilton White Way only, is the increase vehicle traffic to both Wilton White and Perez Way. Both Wilton White and Perez Way are secondary roads. There are a number of small children living in the area. Though, there is a road sign stating the speed zone of 20mph, and notifying drivers that children may be present, it is often ignored and never enforced. In addition, we already are experiencing on the road parking, both of passenger and recreational vehicles, often times illegally. Sharatin Drive does not have the issue of on the road parking. The traffic increase to Sharatin would be minimal, since the residents of Perez Estates already use Sharatin Drive to access numerous destinations throughout Kodiak. Another point of concern is the topography of the lots. It appears that the topography would be better suited for access to Sharatin Drive, rather than Wilton White Way. Sincerely, Peter M. Lyse l j AUG 1 - 2011 Eileen M Lyse I I 566 Perez Way Kodiak, AK 99615 { BOROUGH CLERK'S OFFICE APPEAL APPLICATION _ .., KIBC 16.90.020 - A written decision of the Commission granting or denying a� a r�f C pp Igori V E .` a waiver from the requirements of this title may be appealed by the I [-- t II ) (1) applicant; or U (2) any person who was sent a written notice (Commission level) or 1 JUN 2 4 2011 I — (3) submitted timely written comments before the Commission or (4) gave oral testimony at the public hearing before the Commission. L Based on the reasons above, please state the reason why you are eititiicrc tmJ I°eaI RK'S OFFICE Appellant(s) (print): Mailing address: y Amo1Nck 7 5(eede N ?y�loS �;1 +0� �h',k� d Phone: wk: qR9 •S1S } hm• Sid-ON/ CeIl:k - tk- ( 0"+19 fax: Signs re(s): E-mail .1.n,4- n,M,1 -, Are cjpNnuSG./h' /h0.P�� nr 4 r- Q-- Date: (.n 1-2y I t Case /Decision of the Commission that you are appealing: -311 — hl 1- , Provide the physical address, property owner, and property I.D. # related to the Case /Decision that you are appealing: et'_ e \14c,(\ I y.eN'1-- Specifically state the reasons for the appeal: So QMegak.tvket.4 — Specifically state the relief being sought: pP (3k 0 .ekiVI eNl— You may use a separate sheet if you need more space. If you are not going to use this form please make' — sure that the notice you are going to submit is in compliance with KIBC 16.90.030. Your ap peal must b' ✓ accompanied by appropriate fee. If there are more than one appellant, please be aware that KIP 1 6.90.070 limits the appellant's oral testimony to 10 minutes. P age 3 of 3 ■ i ,v / / s ie �, rt "'mod I} 3 yP { aw n f ici u r T� .z 5 3 z 9 T sc x ."u a ;.t 'a a 'Y sv x . �� qy +1. t mS 3 J r�i 9 x t ` a ;s -"�� Y m l } `d " 3r n d* + t u r st e nit'-?4,;:t A E. " r i �� s , -:' , '-'1":h .+ i, ; v , r 3 '4ts.' ""t2 1i 'tom t- X tt �`t -- y 3 � .. €i `4 m k 4 ss a 1 x . -2 4 Is `i- a 4 'r fe ' k ' a yew , v y t 1 �R`gu- 's�s 3.,�' � � ' t.S � '��+ ' �.�� ac ,t i: �` p "'7 _ W ' t �. �:�;'; `u.~ � . ,r.., `� i;4': ^ �y.u f. 9.ce... a . S e 'i v b_2kuS" � . 7 KIBC 16.90.020 C n. to� p ...___ r� The Perez Estates community wishes to appeal the decision made by th i>i p--_ 's Case number si\ _ 0I 1 f l 1_.' —,I Amanda and Mark Breeden Hm# 512 -0991 1 JUN 2 4 2011 I 3265 Wilton White Way Cell# 540- 226 -0719 ; Email: amanda.1.breeden ( uscg.mil 24June2011 BOROUGH G CL ER!t'S OFFICE Following the meeting held on June 15, 2011, Mr. Kevin Ardnt, Mr. and Mrs. Wolf (Lo t 20), and myself (Lot 11) met and we learned that construction on the duplexes are scheduled to begin next month. The construction will start on lots 9 &10. Mr. Arndt proceeded to inform us that the driveways to those multi -unit dwellings would be accessible thru Wilton White Way. Perez Estate community is asking the Borough to evaluate the R3 zoning for lots where access would be entered using Wilton White Way. Residents of Perez Estates have concerns regarding this matter. Here are a few concerns that were not appropriately addressed during the meeting. 1. Traffic- Without adequate access for additional traffic with multi -unit dwellings homes being built on the lots there is a potential for between 8 -20 additional families traveling on our street. Neither Perez nor Wilton White Way has sidewalks and many children play on these roads. Sharatin also does not have sidewalks and multi -unit dwellings greater than a duplex would increase the traffic on Sharatin which is already a high traffic street. Placing multi- unit dwellings with access to Sharatin would create traffic close to the entrance of Rezenoff, this could become highly dangerous. 2. Trash disposal -The two dumpsters located at the corner of Perez and Wilton White Way are hardly adequate for the homes already living in the neighborhood. The amount of trash commonly around the dumpsters will continue to grow as more families move in. There are currently 3 multi - dwelling units with a large turnover rate which creates large amounts of trash such as; furniture, carpet, and auto parts. 3. Hone Value - Although we have no desire to prevent construction on these lots, single homes would continue to add value to the existing homes while keeping with the environment already set in this neighborhood. Mr. Arndt himself had even said he would not want a duplex in his neighborhood. 4. Parking- Wilton White Way with its short narrow road cannot support large parking lots for multi unit dwellings. It is difficult for just a single family home to have a get together and find enough space for friends or family to park. If a duplex was to be built on the existing Wilton White Way side parking would be difficult. If duplexes were to be built on the south side of Wilton White Way planning could occur to allow for more parking. Parking on Sharatin would be a danger. 4m1 t. a rc‹,c/tJ '. — ��PA��ENTOATE Kodiak Island Borough BATCH NO. 06/24/2011 / [-------- 710��i||�� Fld 2011'00000045 COLLECTION STATION Kodiak, AK 6� -- ` RECEIPT NO. (�CASHIER �CASHIER ! c= v « u= U M L� � 2011'08001704 RECEIVED FROM - ` i / CASHIER AMANDA BREEDEN Teresa Medina DESCRIPTION BO CLERICS OFELH 1 3285 WILTON WHITE WAY ��`-�� ttei ~^ - ��`��pi ��W ~~~"` ^~~~°,,°°^�^",°°.,"~``.."=`~�° -�^",==x Other or Misc Other or Miscellaneous $200.O0 | APPEAL FEE KIBC 16.100 CASE#S11 614 i _____________ Payments: ymon: Type Detail Amount Check 1655 $200 00 Total Amount: I $200.00 Printed by: Teresa Medina Page 1 of 1 06/24/2011 03:59:22 PM Public Hearing Item 7 -8 mage Overlay ezino 4opo p b B Case 69 g399c94 Request: Preliminary approval, according Qjo KIBC 16 40, op amend anote(s) coo Pea 2000 -8, relating access f.3a1LGQ} Al setbacks. Kodiak WOtn Gi C 3 ha �$ i �1a 11 rl j 1` It' 111 � l ® k i ' t o v P fti t� � � T S ;I S? _ �� ss r f K ' �' .. ♦ hair f r � 4y • rA c 1 .:�(Ir c r !/w � � V7I ; d. �vr�(1; , / ,=y.. . 1 j . „ , ,,.,.., akti : ° I ; -'. . 16*. V. 0 ' . r. . f. ..,: cr : - --: ., :i i „......„ t., ci,::: l'Ok; yi 1, l i( 10:: . 1 : Jr . ,,vc ly / /f/ti; 0 4,""el_ F .i.,544 tg ' ' __.4 ' . ( -1 t Cr* 7... ... .9 41` 4,- 4,1, • 0,,..,'" , : ' . -',/ N a& it" ' .4-"ii 71 7 tae-17 2 - ,/ oe_lifi dila -, s M Y 1 - x e p.. ,-, ir A w , 7 - . ...., . -41 Y } y\1 ° , 'd\�� , t r fir ' r i / . f , r g 1 ' i gre-.—i.J..2,: t 4, 17.t.crt,i# .. :• . -,crict .: -t i t o , 1 I ' t S 0 re . 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Introduction - Page 1 of 8 Public Hearing Item 7 -B Introduction - Page 2 of 8 Public Hearing Item 7 -B Location Request: Preliminary approval, according ao KIBC 96.40, p gE Case 0 @99e94 Co amend ® note(s)Cfnl G.(3 2000 -8, relating OD accesses Kodiak WG6116ta [ES, OES, front WO setback calculations. TRACT A -1 , N N h 11 y c, s . Gi p 4 , Qg co co (/) Cf) Viet 1 14# a 1/24 / ,' USS 3218 ® ®�� p� USS 3469 ®� �� it � ° t o 707 *I G F � ® ' tt • , P 9 .4•:. 'Ft ./ , va, . Legend �� Subject Parcels ANNA WA All O 4411IS J 1® 17,7r-A. j Kodiak Island Borough GIS System W E n. . 0 220 440 880 1,320 1,760 Feet s This map was prepared from the Kodiak Island Boroughs 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 Introduction - Page 3 of 8 Public Hearing Item 7 -B Introduction - Page 4 of 8 Public Hearing Item 7 -B Image Overlay Request: Preliminary approval, according m KIBC 16.40, CD e B ease 13 giii19c0i14 go amend ® note(sDGURU 2000 -8, relating Q3 access £:?s Kodiak WS3 W. front gad setback calculations. FP Y . .- �� ° ` /f-r'n ' A ` A b r • a f . " o ur ) : ' .1 ^7 (.p r ' " t ". V � T, y. • ( rt4 , �. • ' Y ,e; t l .� lb !: r YT ( • + ^,N f \ • a r i d �r / ' 4 , u, a i . • b f i ' 0, � • {V�` ; ! 41N j / / : W fl 4 , r33i � � '. , 4,4 44, ( 1 `» fit , , , , i t . • l * 1, , r• I : :it ,i . - 1--,. : o N 2 - r t • / F 1 t 4 � r ' ti -Jr 1 * -* °" / r � 1 ' ' Legend. £ 414 t 4 ,� a ,: r „.. ` a . f , it' t, , „ e N � ` P •_% f ~ �o ✓, � • f K ?•�n� J ' L ! 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Introduction - Page 5 of 8 Public Hearing Item 7 -8 Introduction - Page 6 of 8 Public Hearing Item 7 -8 Kodiak Island Borough Zoning Map y " *'° Community Development Department 'W ( Urim Zoning Request: Preliminary approval, according Q] KIBC 16.40, P b E Case p X99 o Ila op amend p note(s)COD NEE 2000 -8, relating 03 access g front 1. o setback calculations. Kodiak WGGALIM W N , Feet , ® 0 205 410 820 M M �� 1 , r , r 1 N 0 N N � 7S# rt per eyT J .. N ® "�. 40, se Se; trat#4,101 USS 3218 ®�• �� a L S S , 0 USS 3469 Aa . le oI' o^ ®� �® OO• A S4 °' : !_SI ® s ® L , i °:. A� °`0 4 Legend � Subject Parcels n `'�ti P ANNA WA ^• O O` S ® � lik ,1/44- O tt° . F o eb Zoning Legend a Public Use Lands I I Rural Residential 1 Multi Family Residential I `t..' = q Light Industrial i n Watershed I I Rural Residential 2 I I Business I I Rural Neighborhood Commercial Conservation Single Family Residential I I Retail Business r, ; Yx Urban Neighborhood Commercial I Rural Residential I 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. Introduction - Page 7 of 8 Public Hearing Item 7 -B Introduction - Page 8 of 8 Public Hearing Item 7 -B • SUBDIVISION APPLICATION KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD, KODIAK, ALASKA 99615 - (9071486-9363 APPLICANT INFORMATION Applicant's name: max! L l/c rJ li,GCS. �c . Applicant's mailing address: / ?LJ. ,. /O 6, Cc, City: !d,�t ,E. State: /(/C ZIP: 9 9/o / s Home phone: Work phone: S - G 4' /t ' 9 co If applicable, agent's/surveyor's name: Er. /4 J 'Agent's/surveyor's mailing address: Z. �/ 41 8 City: / CO G/ State: //. ZIP: 9 96 'Home phone: 53 9 -25C0 Work phone: i/84,• PROPERTY INFORMATION Property ID Number /s: Current legal description: : e17s 7 , t.cl /Z 7° t 7 E.s.$ S&.5 5 < P/d 9 zlss 8Si.2. i ✓ Proposed legal description: ,e,g )9117), Syr 0 00, r4o J 1 STAFF USE ONLY Subdivision Pees Payable in Cashier's Office Room m N N 104 04 Preliminary plat (up to 12 Lots) KIBC 16.4Q�I6VV�� A ® Fee Schedule: Abbreviated plat KIBC 16.30 (per KIB Assembly Resolution Vacation KIBC 16.60 ere July 1, 2005) Waiver 16.10.050 MAR 2 2011 Abbreviated PIa t 5300.00 Application received by: Kodiak Island Borough Preliminary Plat S35(1.00yr Vacation 5:150.00 Staff signature Finance Department waiver. 575,00 Date: f29/po // 5l 1 O I \\ Dove\ departments\ CD \Templates\form \ComDevWorms\F- Revised Subd Application 7_13_05.DOC 7/13/2005 Application - Page 1 of 6 Public Hearing Item 7 -B KODIAK VENTEP ES Inc. P.O. Box 1066 Kodiak, AK. 99615 Fax 907 -486 -6778 Phone 907 -486 -6966 3 -25 -2011 Kodiak Island Borough 710 Mill Bay Kodiak, AK. 99615 Re: Re -Plat of Lots 7, 8 and 12 Perez Estates Subd. Attn: Mr. Cassidy, Director of P &Z Mr. Cassidy, We are requesting P & Z approval of our application to change the lot access of Lots 7, 8 and 12 of the Perez Estate Subd. from Wilton White Way to Sharatin Dr. due to accessibility issues. This would allow the development of these lots due to the bluff access they current have off Wilton White Way. We realize this change will require a new plat so with this application we have included a new one with the plat note change for your review. Lots 5 thru 12 originally were required to access off Wilton White Way as public water had not yet been available off Sharatin Dr. to accommodate a fire hydrant which is required to be with -in a certain distant from lot accesses. There is now a hydrant at the corner of Katmai Dr. and Sharatin Dr. that would qualify these properties for Sharatin Dr. access and allow development to proceed. We will be available to attend both P & Z work session and board meeting for the month of May if so scheduled, and look forward to discussing this request. Please call in the meantime if you have any questions or concerns to this application. Respectfully, % Kevin Arndt KODIAK VENTURES, INC. Application - Page 2 of 6 ® = /RO/✓ P IPE i orrurnent recovered this 54./r✓ey. (B,L.M) ii Corr+m ul >$ = 9" 8RAS5 celm rnonurnent recovered this survey-(OZ ivi) Dave /op AMENI ED PLAT ,i % • c 17 MARCH 20 1 O , 4 e, DATE , REVISION V17/00 et. NO9t /and 2 OA/ OR/GM/44 PLAT REV /5E0 To READ q TAX G, A5 FO(kLOWS .: "cSat o f 1 G {vewvey /✓eh4c% act. ac ea %o Cots 5 Mroidg* /2 , &too* 2, / hereb) is res/r,ctdd +o Wr /ton k✓hit War. I !•rod /ek 2.TYi, Tmn/ A we sefbscE andstroe/ addVessinyTer GaAs g q alns7 thr u gh / , e/aek 9,,wi /be determine+! Aar), M //on While 9 °a D W y . 0 aorU9 3//7 /� � iv.d b xk 2, f ' 6 0 de n/ ¢es s se.nonf yar axc /use �eN� Dated ni v use allot •ftsnd 4 end u // / //y easement fir Me exclusive ^ d ooO -s p ao us e of Go75t 'J 5 d 6" !o read: lmO /06 ACLESS ANO � REGDISi a0_ w UM iT y E'A5dMEh 4, an FOR EYCLUS /VE U5 E OF LOTS 3; 4, g.WP • The shove reviS /on5 are per Book /7/ ,Page 2 /1 ,frediak , ;mne_ /O_ 5 M Recorllrr,g District. I /t- J // /GO C. Cormled Mai of hWe block • `Cteatiny Loft 8 Ahry Zo and ; ,,„ _ — _ - - — 7 t / /{ / " fo read: CREATING LOTS 2 ti r:. /3, L,07S /7ahn. GtO ' . a AA/o 7d?ACT A- /, BLOCK 2 L- --- --- _ • .1 SIJflVt=%,° SL c priFIGAi lc p1 .a.REO rt l ath 3,.a / hereby certify at / am proper /y resist-err-4/ and /he. ensed • ®�. A /.) 7 practice /and , rvey /ny in the State of Alaska and Mot � ,. ®o this plat rept cents a survey made by me or ander my dtneet `'� O q( ..Supervision, an drat the m evunnen7s s her a ctua //y oa "' $ d 1 N07e A a.) and that all dfinensiona/ and other details exert as shown, details r a - art , Correct. // //// p ,« .» m 4C1., zi c ' 1 —,.. , 4. Al lie.* J..190 fad: ° Z '- . - e m li NN N Nas gag &�! t D 'rivew'ay /vehic/e access -to Lots 5 tf roach /3, b/cr✓k 2 , is / herab' restricted fo Shara fin Road. /0 pra t eThe "non/ y ard setback for Lots 5 throcgh /3, block 2 wi%/ this p/a cao) be ca/cu /aid fore Sher:n tin superVJd exist 2. an COI Reg /ste Reyistr ar Pe a gb - 6 J 1 ke • . \ ' \ \/ AR 'l ,,, g / .; �p � o : ' \ . / // \\ `` < \ : • , VICwITV MAP ,• =Woo' _ a'Y,r . '' 6' ` N Bs s. -; 6. / .-w." "'s... gar 0 „ 0 / / / r •\ / '� :> ''.,."s - 4e a / �- y 5 i f � q / o / /\ \�R . 1 / * ”.. Tm4r d ,, O / // gy p . 9 tot. / .; a' • d � 9 4 t'O' a + \ / / G // / ° r 4° ! / /4 , ,, , f 4 & /. ,,p l „ .4 8 N / Z ° /°' .p., 4� '. /- ` . 0%TFR911P NINOTOITl o / i et. / v. , i / ' e. Lie e \ / .. q $' I.m llm au..Rm..aox nv // / / // B. / ° y 'B O T' P msocco. mt wt PM I'CEEB \-../ / 1” ..4. „T / ♦ � Y / ry ° \ ..rxTrm -�- • VNOCRL� x0 fo.[R n OP , i d ' 9 44 Y I n0 .. >u a �/ �' o E A / a % 48 ,5% , L \ - _ NOTARY ACIfNOWLEORJEM – I.. – - ]ANRAl5 ii � / / • B, § � ,, a , " f, M1,. '',y' a ^S 4 '.. .c 4 I*4 o.ow4.. al D S O �. R w/ ? a , ry < I }d w n '/----Cr. . , � / . / - i &�\. 'C 0 / \ .....ue�.......°...00m aT 1 In /8. a bi / e' nu, ur. r6 Mx A . /.°° / ems 6 / / R `+�\ -`/ Jo / OA �� B 4'4' .yp�J,> fP ° TP i ! / � • \ G,/ mar _..._.. i / y B 4 " �/ / a o � / 4".. " \� // �__ _— PLAT APPROVAL CV v TO lo 0Cdc ms - z, .En 7,0 ° 6 a a'� / / " 'r y y,y } `. ♦ /\\ Q \ m r 0. WOO:OM ISTMC SCRUMS:WRAC WOO 4 a / - �, C �) . r . . r,.[mw 91 YI Pf .M[XIIS'RI IE LL 1P AW l3: / ( 'pal/ , \� 0 R EC 1E IV E.D .0 xto( fM , n APP ACOW gvC WORDS) CGRp6) Y' mom v / C' / o \ 4 IW x6o ¢.9s 0' DUA.0 P,A1 AD. :DTM. B 'S' ^ o ' A a � - 'C . u \ E' Imimanol m a NV °� - h uR r . . ..wo u3 21#RA'l 3, l av i w i L :o - or is rs.ic D ' o 7 o � j `` ® an r- ..'° a man me lam mum m rams lar Asa. NM RUMEN 11 I R[fv«D IA 1M OM 08.46 DURV. •^ �� , Q ,0 + 0 /e9rll READ AS l f DOL.OWS- on wlxn[D Pfr (zaoD - ra ' 1 _` NNW C<P0D 16 M AW NLCIX3I! DISIRSI. i RRAT 113111807 9[-6 REC090 0 M ME IOW AECCAT C IMMO Q - \ `p \ n O M ' � �. ev rre. UMBER <DDD a Iacal® 16 DM Ronw tt P I. I . ORM WAY/vl ] Y. '.SE ACCESS TO LOTS ]. 8 AND 12. BLOCK 31 SECOND AMENDMENT PAT WIDER RAT MMus Z ]IXn 1 ME ROWAN HCal4W %MPoCI_ ° \ � m 4. •5 RESIPRED IC STORM-II MO. PUT Iw11pE4 2034-7 RECORDED IR 16fGMIG CI:T4C'r y - A i • r �` 3. R v " ME FRONT 3, 6 0 TARO 12 :. 4(301 AND STREET ON' RES - RIG FOR LOTS >. D vn6 IP Y \ LOIS \ 6 18 60 BLOCK 2. MEL BE DETERMINED FRCP P£ME ESTATES SUBDIVISION NOTES .. • �., +� \ \\ 0 - r.IBll B REVISED NOTE W 190! 161 05ER PORTIONS OF ROIL ), ., 5 PUT 98 -6, U.S. SUNYXY 3562 I. sumar TO W LCMTMS, :P SADDER. WIM:M11 W£NWR, \ \ AIM 6. WOO 2: 6D FEEL WIDE ACCESS AND 011014( M A W RESTRICTIONS MO RUNTS OF Mt Of ROW. f •� \ 095ENEM FOR EXCLDS19E USE OF L055 J, 4, 5 AND 6' II CR➢GC ACCORDING DISTRIS p WA6 WIPES API PLR Oho m4f0M.: the c.A4g.[ `. 'r \ \• TO READ "60 FEET WIDE ACCESS EASERER1 FOR .. CT ROOMS wM 40 UYMhQ y TM'LUG 40101 YID LOGTtl6'M[ FOR '�" EXCLUSIVE 011 OF LOIS ] MD A, AND MUM A IYA XOOIAX [ III SCI $714/6 (fRWL SO9CMU ONLY MC 40T 10 K USED FOR 0081630T644 OR 06500091 FOR THE EXCURSIVE USE 0' LOTS 5. A. 5 _ NMIRM: PMPOUS ft fan Menni' NW At me ME UMU Rune am. m,..6mi Er co LO 0 9 V co Public Hearing Item 7 -B Application - Page 6 of 6 Public Hearing Item 7 -B KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 April 4, 2011 Public Hearing Item 7 -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, 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: S11 -014 APPLICANT: Kodiak Ventures, Inc. REQUEST: Preliminary approval, according to KIBC 16.40, to amend a note on Plat 2000 -8, restricting Driveway /Vehicle Access to Wilton White Way for Lots 5 to 12, Block 2, Perez Estates Subdivision and instead restricting Driveway /Vehicle Access exclusively to Sharatine Road for Lots 7, 8 and 12, Block 2, Perez Estates Subdivision; and amending a note on Plat 2000 -8 that requires the Front Yard Setback to be calculated from Wilton White Way for Lots 5 to 12, Block 2, Perez Estates Subdivision and requiring that the front yard setback and street address be restricted to Sharatine Road for Lots 7, 8 and 12, Block 2, Perez Estates Subdivision; and, To amend a note on Plat 2000 -8 providing for exclusive use of a 60 foot wide access and utility easement from Wilton White Way by Lots 3, 4, 5 and 6, Block 2, Perez Estates Subdivision, by eliminating a 20 foot access casement to Lots 5 and 6, Block 2, Perez Estates so that the amended easement will provide for exclusive use of the full 60 foot width for utilities by Lots 3, 4, 5 and 6, Block 2, Perez Estates Subdivision and exclusive access easement by Lots 3 and 4, Block 2, Perez Estates Subdivision for the 40 foot remainder of the access easement covering the back -to -back flag stem drives connecting to Wilton White Way. LOCATION: 3084 and 3052 Wilton White Way and NI-IN assigned for remainder of lot generally located between Sharatine Road and Wilton White Way. ZONING: R3-Multi-family Residential This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, May 18, 2011 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 - 9396 or you may email them to ssmith(rdkodiakak.us. 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, May 11, 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: Public Comment - Page 2 of 6 Public Hearing Item 7 -B Current Location 3084 & 3052 Wilton White Way & NHN assigned for remainder of lots generally Notification Area Map located between Sharatine Rd. and Wilton White Way P & Z Case S11 -014 Kodiak Ventures ) n > 1rwt1M - 6 b a .l t 4 / O n o +, ' s > 3 OJ N 47:', 0. °e ±� . S ., 4 to p r ;0. N s „,,,ip a 9 ,C3G K fh M ® 9kOR• 890 co St n �.A / t - n co ll pP gI . '. ° P ° O ^rL Qs 8810 v 1 , ,fl .5 t o 1 4 6 � � ® !; <.l OZ4 ®a * ONA 20 r USS 3218 I ` Me ik re G , 3338 ° °0 1 0 'C 1- R �� jr ^90 p t ,_ ei # :. it L. �O / e '441 41 , t , QOPO , ' 4 . 1 ill I itli*:' UP AI 1 ' y Q SS - Kodiak Island Borough GIS Legend Ai& .. E - j Notification Area N �� - Feet 000 0 250 500 t t t r ( i Subject Parcels S This map was prepared from the Kodiak Island Borough's G15 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. Public Comment - Page 1 of 6 It , VICINITY MAP : 1' = 400' �� ij/ • '4 ' / o' \ \ 4 •/ / . °J / /f ( c \ . ' X89.' '.� ql : o 5... 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KOOLR, A(15EA .........1..7X..x,. 1.... _..Z 0O- DI .., o 00 i 3 v co J i I.O 1 Li Public Hearing Item 7 -B ACOSTA RENTALS, LLC JAMES ARNESON WILLIAM ARNOLD PO BOX 723 3092 SPRUCE CAPE ROAD 3300 WILTON WHITE WAY KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JOSEPH BAILOR JASON BALL JOHN BARKLOW 3535 SITKINAK DR PO BOX 9057 3254 KATMAI DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ROBERT BARTON ERIC BEATTIE HOWARD BODI PO BOX 8995 3248 KATMAI DR. 3031 SPRUCE CAPE RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 MARK BREEDEN JUSTIN BROWN JILL BUNTING 3265 WILTON WHITE WAY 620 PEREZ WAY PO BOX 8586 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JOHN BURNETT LAURA CARRASCO JOSE CASTRO PO BOX 8535 3019 SPRUCE CAPE RD PO BOX 2246 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 KENNETH CHRISTIANSEN CITY OF KODIAK KENNETH DUNN 1849 MARMOT DR P.O. BOX 1397 PO BOX 8781 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ENERGY PLUS HOMES, INC DONALD ERDMAN FLP BRANDON HALES PO BOX 1066 PO BOX 1912 PO BOX 1972 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 TEENA HALL JOHN HALL DAN J HELM 4232 150TH ST SW #5B 3227 KATMAI DR PO BOX 4074 LYNNWOOD, WA 98037 KODIAK, AK 99615 KODIAK, AK 99615 CHRISTIAN HICKS ETAL ROBERT E HILLIS III DOUGLAS HOGEN 612 PEREZ WAY PO BOX 847 3099 SPRUCE CAPE RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JERRY HOLT JOHN HUSTER GRACE HWANG P.O. BOX 763 PO BOX 1029 PO BOX 190396 KODIAK, AK 99615 KODIAK, AK 99615 ANCHORAGE, AK 99519 Public Comment - Page 4 of 6 Public Hearing Item 7 -B CHRISTOPHER JOHNSON JAMES KENNEDY GARRY KERNAN 590 PEREZ WAY 3023 SPRUCE CAPE RD 1315 ISMAILOV ST. KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK CHRISTIAN EDUCATION KODIAK ISL HSG AUTHORITY KODIAK ISLAND BOROUGH PO BOX 49 3137 MILL BAY RD 710 MILL BAY RD KODIAK, AK 99615 WOODSIDE MANOR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK VENTURES, INC. DUSTIN KRUG DIANE LANGFITT PO BOX 1066 PO BOX 1971 565 PEREZ WAY KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DANE LARSEN JOHN LARSEN ETAL ROBERT B LINDSEY PO BOX 29 3231 KATMAI DR 3162 SPRUCE CAPE RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 LOUIS LINDSEY LIVING TRUST CHARLES LORENSON GENE LORENSON 3825 324TH AVE SE P.O. BOX 1947 1014 THORSHEIM ST. FALL CITY, WA 98024 KODIAK, AK 99615 KODIAK, AK 99615 ANDREW LUNDQUIST ETAL PETER LYSE JOSE MADRID PO BOX 589 566 PEREZ WAY PO BOX 363 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ROBERTSON MARQUARDT MK ENTERPRISES, LLC MARK MOORE 3243 KATMAI DR PO BOX 2338 409A POLARIS AVE KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 BRIAN MULLEN EMIL NORTON II MARY OCAMPO 1815 SINIEONOF ST PO BOX 4304 PO BOX 8688 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 TAKESHI OKI LARRY OLSEN ROBERT & HEATHER ONDERS PO BOX 2077 P O BOX 1926 3258 KATMAI DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 MICHAEL O'NEAL GREGORY PENNINGTON MICHAEL PESTRIKOFF 992 ALAMEDA AVE P.O. BOX 439 18860 TALIRIK DR ASTORIA, OR 97103 KODIAK, AK 99615 EAGLE RIVER, AK 99577 Public Comment - Page 5 of 6 Public Hearing Item 7 -B SHARON PORTER ETAL JAMES POULOS DAVID & LEEANNA PUTMAN 3247 KATMAI DR 3064 SPRUCE CAPE RD PO BOX 1541 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 MARTHA RANDOLPH MICHAEL REUTER LEONARD R ROBERSON PO BOX 414 PO BOX 1489 3130 SPRUCE CAPE RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 RICHARD ROHRER CARLOS SANCHEZ PENALOZA STAN SARGENT PO BOX 2219 3155 SPRUCE CAPE RD PO BOX 574 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ERIC SCHNEIDER ARTHUR SCHULTZ BRENDA SCHWANTES PO BOX 311 3580 SITKINAK DR PO BOX 275 KODIAK, AK 99615 KODAK, AK 99615 KODIAK, AK 99615 CLAYTON SKONBERG ST PAUL LUTHERAN CHURCH STEVEN TIDWELL 3600 SITKINAK DR P O BOX 102 PO BOX 8904 KODIAK, AK 99615 KODAK, AK 99615 KODIAK, AK 99615 ANTHONY TROUT CAMI WARNER WARNER ENTERPRISES, LLC 3214 KATMAI DR PO BOX 8773 PO BOX 4324 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 RICHARD WHITNEY ALAN WOLF JON YOUNG PO BOX 793 PO BOX 791 585 PEREZ WAY KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 3251 KATMAI DR KODIAK, AK 99615 Public Comment - Page 6 of 6 Public Hearing Item 7 -B MEMORANDUM DATE: June 1, 2011 TO: Planning and Zoning Commission FROM: Community Development Department SUBJ: Information for the June 15, 2011 Regular Meeting CASE: S11 -014 APPLICANT: Kodiak Ventures, Inc REQUEST: Preliminary approval, according to KIBC 16.40, to amend a note on Plat 2000 -8, restricting DrivewayNehicle Access to Wilton White Way for Lots 7 to 12, Block 2, Perez Estates Subdivision and instead restricting Driveway/Vehicle Access exclusively to Sharatine Road for Lots 7, 8 and 12, Block 2, Perez Estates Subdivision; and amending a note on Plat 2000 -8 that requires the Front Yard Setback to be calculated from Wilton White Way for Lots 5 to 12, Block 2, Perez Estates Subdivision and requiring that the front yard setback and street address be restricted to Sharatine Road for Lots 7, 8 and 12, Block 2, Perez Estates Subdivision; and, LOCATION: NHN assigned for applicable lots generally located in 3200 block of Sharatin Road. ZONING: R -3 Multi - Family Residential Zoning District. Eighty two (82) public hearing notices were mailed on April 4 , 2011. This case was postponed by commission motion on May 18, 2011 and the constructive mail out notice to the public goes back to the original mailing on April 4, 2011. Date of site visit: April 26, 2011 1. Minimum lot size: 7,200 square feet Compliance: Yes 2. Minimum lot width: 60 feet Compliance: Yes 3. Existing land uses: No Compliance: Not Applicable 4. Existing structure(s) on the property: No Compliance with setbacks: Not Applicable Compliance with other zoning regulations: Yes Encroachments: No Staff Report - Page 1 of 10 Public Hearing Item 7 -B 5. Topography: Provides good building sites: Yes (See Comments) Provides good parking areas: Yes (See Comments) Allows driveway construction to meet maximum slope requirement: Yes (See Comments) 6. Physical Features: Wetlands, streams, drainage courses: Yes (See Comments) Need for driveway /access restrictions: Yes (See Comments) Adequate line of sight: No (See Comments) Adequate access for additional traffic volume: Yes (See Comments) Adequate access from a safety standpoint: Yes Neighborhood character: Mixed Density Residential Double frontage lots: Yes Flag lots: Yes Adequate access for fire apparatus: Yes (See Comments) Utility installation meets Title 13: Not Applicable Common wall or zero -lot line: No Frontage on dedicated public right -of -way: Yes (See Comments) Other road and utility improvements required before final approval: No 7. Existing Plat Restrictions: Yes (See Comments) Compliance: Yes 8. Applicable Regulations: The following sections of Title 16 (Subdivisions) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: Kodiak Island Borough Title 16 (Subdivisions) 16.10.010 Purpose. The purpose of this title is to: A. Provide minimum standards for survey accuracy and proper preparation of plats. B. Promote and protect the public health, safety, and general welfare. C. Provide reasonable consideration of adopted borough plans and regulations in order to provide the best subdivision of land. 16.10.040 Alteration or replat petition. A recorded plat may not be altered or replatted except by the platting authority on petition of the state, the borough, a public utility, or the owners of a majority of the land affected by the alteration or replat. The Staff Report - Page 2 of 10 Public Hearing Item 7 -B petition shall be fled with the platting authority and shall be accompanied by a copy of the existing plat showing the proposed alteration or replat. 16.40.050 Lot design and improvements — Required procedure. A. The size and shape of lots shall be such as to provide usable building sites appropriate for the locality in which the subdivision is located. The following items, among others, may be taken into consideration by the commission in determining the appropriateness of the subdivision for the locality in which the subdivision is located: 1. Adequacy of access for additional traffic volume; 2. Adequacy of access from a safety standpoint (e.g., road grades, line of sight considerations); 3. Potential drainage problems; 4. Neighborhood character (e.g., existing development characteristics, including the size and shape of existing lots, the extent of existing development, and the topography in the neighborhood); and 5. The commission shall also take into consideration the adopted policies of the Kodiak Island Borough coastal management program that relate to the proposed subdivision and based on these policies may require conditions of approval, where feasible and prudent, to implement the policies of the Kodiak Island Borough coastal management program. B. Lots shall also meet, at a minimum, all of the following criteria: 1. Minimum lot sizes and widths shall conform to the requirements of the borough zoning ordinance unless a variance from the zoning requirements is granted by the commission; 2. Double frontage lots shall not access onto designated collector or arterial streets and will generally only be allowed where topography allows no reasonable alternative; Coastal Management Applicable Policies 4.4 Enforceable Policies Staff has not identified any enforceable policies of the adopted coastal management plan applicable or relevant to this request. Review Agency Comments Alaska Communications Systems - Engineering Dept. — Kenai: No Objection City of Kodiak — Building Officials: No Comment Submitted City of Kodiak — Public Works Dept.: No Comment Submitted Fire Marshal: No Comment Submitted Staff Report - Page 3 of 10 Public Hearing Item 7 -6 Bayside Fire Dept.: The Uniform Fire Code requires a fire hydrant with 400 feet of the property. The hydrant needs to be on the road providing access to the property. The nearest hydrant on Sharatin Road is located at the intersection of Katmai and Sharatin, further than 400 feet from the (majority of) properties (requested for plat note amendment). The hydrants on Wilton White Way cannot be considered because they are not on the access road to the (majority of) lots in question. GC! Cable, Inc.: No Comment Submitted Kodiak Island Borough — Engineering & Facilities Dept.: No Comment Submitted Kodiak Electric Association — Engineering Dept.: No Comment Service District #1 — Board of Supervisors: No Comment Submitted United States Postal Service: No Comment Submitted Kodiak Island Borough — Information Technology Dept.: No Comment Submitted BACKGROUND Plat 98 -6 was originally granted preliminary approval in 1991. At that time the property owner /developer had several different concepts put forward for the development of this area. Although the Sharatin Road right -of -way was evident on the plats, it was not constructed to borough standards and it did not appear that these issues of access to the double frontage Tots were a main focus of the review. The plat was finalized in at least three phases, the last phase coming in the 1997 -1998 time frame. At about the time of the last extension of preliminary approval in 1995, a final plat was presented to the Commission because it differed substantially from the original plat granted preliminary approval. In the staff report for that case, it was recommended that Lots 7, 8 and 9 only should be allowed to access from Sharatin Staff Report - Page 4 of 10 Public Hearing Item 7 -B Road. All other double front lots, including Lots 5, 6, 10, 11 and 12 were recommended to remain limited for access to Wilton White Way. The 1995 review was based on the incremental progress that was being made by the developer and the incremental improvements being made to Sharatin Road and Carroll Way by the borough and other developers in the area. With the roads roughed -in and grades fairly well established, it was now possible to analyze the conditions of the double frontage lots for access. The case was postponed from the July 1995 regular meeting so that the commission could schedule an onsite work session in order to review the property in person. On August 23, 1995, the commission granted final approval to Phase III of Perez Estates Subdivision and in particular conditions of approval were added as follows: ...1. Place plat notes stating: "Access to Lots 5 through 13, Block 2, is restricted to Wilton White Way or the sixty (60) foot wide access easement ", and "The front yard setback for Lots 5 through 13, Block 2, will be calculated from Wilton White Way or the sixty (60) foot wide easement ". 2. Provide a private road or access agreement between Lots 3, 4, 5, & 6 for detailing maintenance and snow plowing responsibilities and administration for the portion of Wilton White Way that extends into the access easement across these properties. A subsequent memo to the file dated April 2, 1997, from KIB Engineering /Facilities Department to Matt Holmstrom, City of Kodiak Engineer, addressed the question why the access was restricted for all double frontage lots in Perez Estates Subdivision Block 2 as follows: "The Borough's Engineering /Facilities Department had, under our preliminary plat review comments, recommended that Lots 5 -7 and 11 -13 access be restricted solely to Wilton White Way to minimize congestion on the collector class road, Sharatin Road. It was noted that access off of Wilton White Way to Lots 8 -10 was not practical due to steep topography on this side of the lots; especially when the building bench was closer to the Sharatin Road elevation. Apparently in discussing this proposed access concern, P &Z believed it was better to extend the plat note access restriction to Lots 8 -10, since if the Sharatin Road side of these lots was used to calculate the 25 feet front yard setback, the buildable pocket of these lots would be pushed over the steep face of the Wilton White Way side of the lots where the rear yard setback would be only 10 feet. As a result the plat note restriction was extended to Lots 8 -10 also. In July 1997, the developer applied for an appearance request before the KIB Planning & Zoning Commission to request the removal of the condition of approval requiring a plat note restricting access to Wilton White Way for Lots 5 -13, Block 2, Perez Estates Subdivision. The commission had indicated a willingness to consider this request in 1995 prior to the completion of ongoing road development. In making recommendation on the case staff suggested that the commission again visit the site and that it should Staff Report - Page 5 of 10 Public Hearing Item 7 -B only consider the movement of access in conjunction with the decision to relocate the front yard setbacks as well. On August 20, 1997, the commission completely reversed the intention of the two plat notes referenced in condition of approval #1 from the 1995 grant of final plat approval. The two notes relating to access and setbacks on Lots 5 -13, Block 2, Perez Estates Subdivision, now read: 1. "Place plat notes stating: Driveway /vehicle access to Lots 5 through 13, Block 2, is restricted to Sharatin Road. The front yard setback for Lots 5 through 13, Block 2 will be calculated from Sharatin Road." Findings of Fact were subsequently adopted in support of this action as follows: 1. "KIBC 16.40.050.B.2 directs that double frontage lots shall not access onto designated collector or arterial streets and will generally only be allowed where topography allows no reasonable alternative. Lots 5 through 13, Block 2, Perez Estates Subdivision are subject to topographic constraints, and Sharatin Road is not designated as either a collector or arterial street. 2. As a result of topographic characteristics, Lots 5 through 13, Block 2, Perez Estates Subdivision generally have better vehicle access from Sharatin Road. 3. Requiring the front yard setback to be calculated from Sharatin Road will provide property between any building site and the front lot line to accommodate required off - street parking. 4. Off - street parking, as required by the Borough code, will provide the sight distance needed to limit the potential conflict between through traffic on Sharatin Road, and traffic entering the roadway from Lots 5 through 13, Block 2, Perez Estates Subdivision. 5. Limiting access to one roadway will provide a consistent development framework for Lots 5 through 13, Block 2, Perez Estates Subdivision. In December 1999, a prospective buyer of Lot 11, Block 2, Perez Estates Subdivision made a request to amend the plat notes on Plat 98 -6 restricting access to Sharatin Road and requiring the front yard setback to be calculated from that side (Case 2000- 002). The petitioner requested this amendment only for the purposes of Lot 11, which they proposed to develop. The petitioner believed that access could best be provided from Wilton White Way in the context of the development they were planning for the site. In the process of reviewing this new request, staff picked up on a letter that had been placed on file in November 1998 from then Fire Marshal Joe Hart. In this letter, which was addressed to the building official, Chief Hart requested that no future building permits be issued for housing on Sharatin (Perez Estates Sub.) Lots 5 through 13, Staff Report - Page 6 of 10 Public Hearing Item 7 -B Block 2. The letter goes on to note that adequate fire hydrant coverage does not exist along Sharatin Road to provide for these lots. The hydrants that were installed in Wilton White Way were intended to serve these lots and his interpretation of the fire code indicated that the access should be directed to the frontage that could provide compliance with these requirements. A later letter in January 2000 from Fire Marshal Andy Nault verified these requirements but added that "all driveway access should be limited to Wilton White Way until a hydrant system is installed on Sharatin Road ". On February 16, 2000, the commission considered a staff recommendation to make access to Lots 5, 6, 11 and 12 optional from either Wilton White Way or Sharatin Road subject to the front yard setback and address assignment conforming to that access. In addition, another note was proposed to indicate that no lots under this review would be allowed to access Sharatin Road until the water system was extended to provide fire hydrants along this stretch of Sharatin Road. The commission substituted their own motion to restrict all lots 5 through 12 to Wilton White Way and requiring the front yard setback to be calculated from that same side. Another motion made and approved at that time was a motion to initiate investigation of rezone for all lots in Block 2 Perez Estates Subdivision from R3- Multifamily Residential to R2- Two - family Residential. It does not appear that the rezone investigation was ever acted upon however. The commission deferred findings -of -fact until the next regular meeting on March 15, 2000, at which time they adopted the following findings: ... "1. These modifications to the plat notes advance traffic safety since the revisions provide for fewer vehicle entry points directly onto Sharatin Road. As a result of intense development over the past few years, Sharatin Road has become a busy collector road drawing traffic from many residential neighborhoods in the area. As high- density build -out continues, traffic along Sharatin Road will increase. As a result, it is preferable that the identified lots be accessed from Wilton White Way, the local service road. 2. A condition of approval for subdivision development was that the developer install fire hydrants on Wilton White Way, due to the lack of available water service for hydrants along Sharatin Road. The Fire Marshal confirmed that since the hydrants were available on Wilton White Way and not along Sharatin Road, access and addressing for E911 response purposes should correspond with the location of the hydrants. 3. A corresponding rezone of properties on Wilton White Way in Block 2 of Perez Estates (Case 2000 -002) from R3 to R2, as agreed to at the February, 2000 Commission meeting by property owners there, will reduce potential density on Perez Way, which was a particular concern of those residents. Staff Report - Page 7 of 10 Public Hearing Item 7 -8 CURRENT REQUEST At this time the petitioner has requested to remove the last note on Plat 2000 -8 restricting access for Lots 5 through 12 to Wilton White Way and suggesting instead a mixture of further changes that would restrict Lots 5, 7, 8 and 12 to Sharatin Road, and allow Lots 6, 9 and 10 to be accessed from either side. In verbal comments with staff (and apparently in verbal comments to the commission at the May 11 packet review worksession) the petitioner has indicated no desire to change the plat notes and other agreements pertaining to Lots 5 and 6 which are provided access and utility frontage through Wilton White Way. Lots 5 and 6 are currently bound with Lots 3 and 4 to be provided with access and utilities through a 60 foot wide easement leading to Wilton White Way and this easement also provides for adequate public safety vehicle turning as required in the 1991 Uniform Fire Code. Many things that have changed since the first review of this preliminary plat in 1991 and the last review of the final plat in 2000. The area along and beyond Sharatin Road has continued to build out resulting in Sharatin Road carrying collector street traffic levels. In that regard, Sharatin Road has been paved in recognition of its collector road status without requiring the formation of a Local Improvement District (LID) to be formed and assessments of the paving cost to be allocated to adjoining (and benefitted) property owners. A representative of the road service district has expressed substantial concerns about the difficulty of developing adequate fill parking pads or parking decks on below grade lots. Single- family and duplex residential are allowed to back out into the right -of -way which can degrade the capacity and safety of a collector street. More importantly to the service district however is a concern that minimal off - street parking pads or decks cannot handle overflow parking when residents are hosting a social function or when a large family with several drivers occupies the property. The use of the collector street for off - street parking can also inhibit road maintenance in addition to slowing traffic and reducing safe sight distances along the right -of -way. That said, staff would note that restrictions on driveways for double frontage lots as required by KIBC 16.40.050.B.2 do not apply to single frontage lots. There are a number of double frontage lots along Sharatin in Woodland Acres which are restricted by plat note, but there are many more single frontage lots which back onto Sharatin Road. This may owe to the fact that the commission and staff did not fully recognize the collector street destiny of Sharatin Road when those subdivisions were done, but it is readily apparent now. Even though this case focuses on the amendment of plat notes, staff notes that the vicinity map does not accurately represent the lots proposed to be affected by this request. In addition, staff will also propose a condition of approval to better conform the title block to be describe the decision ultimately rendered by the commission for this case. After discussion with the petitioner it appears to staff that the requests will only affect Lots 7, 8, 9, 10 and 12. This staff has been modified to those expressed parameters, although no written follow -up was submitted by the petitioner to formally amend the ment to the or Staff Report - Page 8 of 10 Public Hearing Item 7 -8 Staff has reviewed the case history in depth and noted that the commission has widely swung back and forth on the issue of access to these double frontage lots from one side of the lots, and one street, to the other on several occasions. Staff also notes that only two lots in this original double frontage portion of Block 2 of Perez Estates Subdivision have been developed in the nearly 4 years that have elapsed since the subdivision was created. Staff believes that there is room to consider both streets as reasonable alternatives for Lots 7 through 12 so long as the setbacks are oriented to whichever street is chosen for access and that each lot is adequately served by fire hydrant on whichever side the access is taken. In regard to fire safety, the local service district Fire Chief has indicated that a 400 foot distance is required between fire hydrants and lots to be developed. This access is not typically measured with circles, but is based on the most direct route to the lot as would be driven by a fire truck deploying hose. Lots 7 and 8 are not currently served by fire hydrant on Sharatin Way. Staff would suggest a note that would allow the development of Lots 7 and 8 only with approval of the local Fire Chief, presumably when fire hydrant distances are determined to be in compliance with adopted fire code. Lots 7 through 10 and 12 are topographically constrained and staff believes that instead of limiting access to one side or the other, the best recommendation would be to allow access from either side, subject to the front yard setback being calculated on that frontage and subject to Fire Chief approval for fire hydrant access prior to issuance of zoning compliance. RECOMMENDATION Staff recommends preliminary approval of the request as verbally amended by the petitioner subject to several conditions of approval. APPROPRIATE MOTION Should the Commission agree with Staff's recommendation, the appropriate motion is: Move to grant preliminary approval, according to KIBC 16.40, to amend plat notes A.1 and A.2 on Plat 2000 -8, by eliminating a restriction on Lots 7 through 10 and 12, requiring driveway /vehicle access only from Wilton White Way and requiring the front yard setback to be calculated only from that side of the lot and instead substituting plat notes that will allow for driveway /vehicle access to either Wilton White Way or Sharatin Drive such that the front yard setback will be determined to be whichever side has the access drive, subject to the following conditions of approval which may also be converted to plat notes for the sake of clarity, and to adopt the finding contained in the staff report for this case dated June 1, 2011, as Findings of Fact for this case. Staff Report - Page 9 of 10 Public Hearing Item 7 -B CONDITIONS OF APPROVAL 1. This approval is intended to allow access on only one side of each affected lot. 2. The Fire Chief of record will be required to grant approval of each lot proposed for development as being adequately served by fire hydrants in the area before zoning compliance will be issued for any of the lots affected by action. 3. The front yard setback and street address will follow the decision to locate a driveway /vehicle access on one side of the affected lots, however setback averaging for the lots, if applicable, will only be made on the basis of comparing the building line in front yards on adjoining lots regardless of their orientation for access to either Sharatin Road or Wilton White Way. 4. Correct the vicinity map to conform to this decision. 5. Correct the title block to conform to this decision. 6. Lots 5 & 6, Block 2, Perez Estates Subdivision are specifically excluded from this amendment as they are not topographically constrained and because they are linked by certain fire safety and private road concerns affecting Lots 3, 4, 5 & 6 collectively. FINDINGS OF FACT 1. Lots 7 through 10 and 12, Block 2, Perez Estates Subdivision are constrained by topography such that it justifies a deviation from KIBC 16.40.050.B.2, but prior attempts to limit access to just one side of the lots or the other have not been helpful in the development of these lots. 2. The decision to access Lots 7 through 10 and 12, Block 2, Perez Estates Subdivision from either Sharatin Road or Wilton White Way should be made by the property owner or developer based on the specific design of the proposed dwelling and related site plan on a lot by lot basis. 3. As recommended by staff in the past, and acknowledged by the commission, the front yard setback should conform to the access drive location, however this provision should not be used for setback averaging unless it is based upon comparison of front yard setbacks regardless of each adjoining lots access and setback orientation. 4. In order to ensure that all fire codes are met the local Fire Chief of record should be consulted and certify that the lots proposed for development are adequately served by fire hydrants in order to ensure that the resulting development is a benefit to the community and not a potential liability. 5. Every effort should be made through applicable code provisions to ensure that the parking and driveways serving Lots 7 through 10 and 12 do not interfere with collector street safety or traffic capacity. Staff Report - Page 10 of 10 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION MINUTES June 15, 2011 6:30 p.m. in the Assembly Chambers CALL TO ORDER CHAIR TORRES called to order the June 15, 2011 regular meeting of the Planning and Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE CHAIR TORRES led the pledge of allegiance. ROLL CALL Bill Kersch requested to be excused due to being on vacation. COMMISSIONER WATKINS MOVED to excuse Bill Kersch and Jay Baldwin. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER JANZ MOVED to approve the June 15, 2011 Planning & Zoning Commission agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER WATKINS MOVED to approve the May 18, 2011 Planning & Zoning minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were none. PUBLIC HEARINGS A) Case S11 -010. Request preliminary approval, according to KIBC 16.40, of the subdivision of Lot 2A, Block 1, Holland Acres lst Addition creating Lots 2A -1, 2A -2, 2A -3, 2A -4, 2A -5, 2A -6, 2A -7, and 2A -8, Block 1, Holland Acres 1st Addition. (Postponed from the May regular meeting). The applicants are Art & Arlene Zimmer. The location is 170 Island Lake Road and the zoning is B- Business. Cassidy gave a brief report stating staff recommends approval of this request subject to 9 Conditions of Approval and Findings of Fact. COMMISSIONER JANZ MOVED to approve a request for preliminary approval, according to KIBC 16.40, of a subdivision of Lot 2A, Block 1, Holland Acres 1st Addition creating Lots 2A -1, 2A -2, 2A -3, 2A -4, 2A -5, 2A -6, 2A -7, and 2A -8, Block 1, Holland Acres 1st Addition subject to the following conditions of approval and to adopt findings as Findings of Fact for case S11 -010. The public hearing was opened & closed: There was no public testimony. CONDITIONS OF APPROVAL 1. The 20 x 20 shed on Lot 2A -2 is closer than the 10'setback required in the building code. This shed shall be removed or moved to meet building code setbacks. 6/15/2011 P &Z Guidelines Page 1 of 11 2. One of the two warehouses must have a fully functioning accessible restroom approved by the building official. 3. All other occupy -able buildings must have functioning sanitary facilities approved by the building official 4. All utilities (water, sewer and electrical) crossing adjoining lots must be in dedicated easements and approved by the City of Kodiak and KEA. 5. Each of the newly created lots in this proposed subdivision would need individual water and sewer services to each lot approved by the City of Kodiak 6. Structures with existing shared utilities, e.g. sewer and water, shall be separated as part of the subdivision requirements. This reduces future property problems over maintenance and repair needs. Request for new utility connections would originate through the City Building Department with the appropriate permits and utility application. 7. The storage of wrecked and impounded cars should be clean up and there be proper disposal and clean- up of hazardous waste materials once cars stored on the lot are removed. 8. There is a concern about (having) adequate water supply for the current and possible increases in business use on these lots. The Fire Marshall will review and sign off that there is sufficient water flow to each of the proposed lots and a determination made that another fire hydrant is not required. 9. A determination by CDD staff will be made to determine if any conditional use permits, variance and required parking plans are required based on uses now occurring that are not grandfathered. All variances and conditional uses must be granted by the commission. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) Case S11 -014. Request preliminary approval, according to KIBC 16.40, to amend a note on Plat 2000 -8, restricting Driveway /Vehicle Access to Wilton White Way for Lots 5 to 12, Block 2, Perez Estates Subdivision and instead restricting Driveway /Vehicle Access exclusively to Sharatin Road for Lots 7, 8 and 12, Block 2, Perez Estates Subdivision; and amending a note on Plat 2000 -8 that requires the Front Yard Setback to be calculated from Wilton White Way for Lots 5 to 12, Block 2, Perez Estates Subdivision and requiring that the front yard setback and street address be restricted to Sharatine Road for Lots 7, 8 and 12, Block 2, Perez Estates Subdivision; and, To amend a note on Plat 2000 -8 providing for exclusive use of a 60 foot wide access and utility easement from Wilton White Way by Lots 3, 4, 5 and 6, Block 2, Perez Estates Subdivision, by eliminating a 20 foot access easement to Lots 5 and 6, Block 2, Perez Estates so that the amended easement will provide for exclusive use of the full 60 foot width for utilities by Lots 3, 4, 5 and 6, Block 2, Perez Estates Subdivision and exclusive access easement by Lots 3 and 4, Block 2, Perez Estates Subdivision for the 40 foot remainder of the access easement covering the back -to -back flag stem drives connecting to Wilton White Way.(Postponed from the May regular meeting). The applicant is Kodiak Ventures, Inc. The location is 3084 and 3052 Wilton White Way and NHN assigned for remainder of lot generally located between Sharatin Road and Wilton White Way and the zoning is R3- Multi - family Residential. 6/15/2011 P &Z Guidelines Page 2 of 11 Dvorak gave report stating 82 public hearing notices were sent out with no replies returned. He explained how this is a difficult case and staff recommends approval subject to Conditions of Approval and Findings of Fact. COMMISSIONER SCHMITT MOVED to grant preliminary approval, according to KIBC 16.40, to amend plat notes A.1 and A.2 on Plat 2000 -8, by eliminating a restriction on Lots 7 through 10 and 12, requiring driveway /vehicle access only from Wilton White Way and requiring the Tront`yard setback to be calculated only from that side of the lot and instead substituting plat notes that will allow for driveway /vehicle access to either Wilton White Way or Sharatin Drive such that the front yard setback will be determined to be whichever side has the access drive, subject to the following conditions of approval which may also be converted to plat notes for the sake of clarity, and to adopt the finding contained in the staff report for this case dated June 1, 2011, as Findings of Fact for this case. Close regular meeting & open public hearing: Kevin Arndt stated for clarification is that on Lots 9 & 10 there are plans to put duplexes on which will alleviate some traffic accessing Wilton White Way. Amanda Breeden stated she's in favor of moving access for Lot 12 to Sharatin but she doesn't support the other lots access being moved because it would decrease their property value on Wilton White Way. Alan Wolf stated he lives across the street from Lot 11 and he agrees with Breedon. Close public hearing & open regular meeting: Brief discussion CONDITIONS OF APPROVAL 1. This approval is intended to allow access on only one side of each affected lot. 2. The Fire Chief of record will be required to grant approval of each lot proposed for development as being adequately served by fire hydrants in the area before zoning compliance will be issued for any of the lots affected by action. 3. The front yard setback and street address will follow the decision to locate a driveway /vehicle access on one side of the affected lots, however setback averaging for the lots, if applicable, will only be made on the basis of comparing the building line in front yards on adjoining lots regardless of their orientation for access to either Sharatin Road or Wilton White Way. 4. Correct the vicinity map to conform to this decision. 5. Correct the title block to conform to this decision. 6. Lots 5 & 6, Block 2, Perez Estates Subdivision are specifically excluded from this amendment as they are not topographically constrained and because they are linked by certain fire safety and private road concerns affecting Lots 3, 4, 5 & 6 collectively. FINDINGS OF FACT 1. Lots 7 through 10 and 12, Block 2, Perez Estates Subdivision are constrained by topography such that it justifies a deviation from KIBC 16.40.050.B.2, but prior attempts to limit access to just one side of the lots or the other have not been helpful in the development of these lots. 2. The decision to access Lots 7 through 10 and 12, Block 2, Perez Estates Subdivision from either Sharatin Road or Wilton White Way should be made by the property owner or developer based on the specific design of the proposed dwelling and related site plan on a lot by lot basis. 6/15/2011 P &Z Guidelines Page 3 of 11 3. As recommended by staff in the past, and acknowledged by the commission, the front yard setback should conform to the access drive location, however this provision should not be used for setback averaging unless it is based upon comparison of front yard setbacks regardless of each adjoining lots access and setback orientation. 4. In order to ensure that all fire codes are met the local Fire Chief of record should be consulted and certify that the lots proposed for development are adequately served by fire hydrants in order to ensure that the resulting development is a benefit to the community and not a potential liability. 5. Every effort should be made through applicable code provisions to ensure that the parking and driveways serving Lots 7 through 10 and 12 do not interfere with collector street safety or traffic capacity. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C) Case 11 -024. Request a Variance, according to KIBC 17.90.040 (Building Height) in order to allow a 65 foot cellular communication tower to exceed the maximum 50 foot building height allowable in the B- Business zoning district. (Postponed from the May regular meeting). The applicant is Brechan Enterprises, Inc. The location is 3174 Mill Bay Road and the zoning is B- Business. Cassidy gave a brief report stating staff recommends approval of this request. COMMISSIONER WATKINS MOVED to grant A Variance, according to KIBC 17.90.040 (Building Height) in order to allow a 65 foot cellular communication tower to exceed the maximum 50 foot building height allowable in the B- Business zoning district; subject to no conditions of approval contained in the staff report dated June 3, 2011, and to adopt the findings in that staff report as "Findings of Fact" for Case 11 -024. The public hearing was opened & closed: There was no public testimony. Brief discussion In response to COMMISSIONER JANZ' inquiry about the noise, Bill Freimuth, GCI agent, stated there will be 2 cabinets on the site and each cabinet has its own climate controlled fans and he believes they will be at the 45 - 50 decibels maximum, similar to a home cooling unit. In response to COMMISSIONER SCI- IMITT'S inquiry of the motion makes reference to it being for cellular communication but is it going to be microwave also, Greimuth stated no, it will be for cellular, and there will be 6 panel mounted antennas below the 65' level on top of the tower. FINDINGS OF FACT 17.66.050 A.1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. This property (location) is particularly well suited to support the intended use; the location and elevation are especially conducive to signal transmissions consistent with the description and intent of the B- Business zoning district to provide efficient retail service activities. 17.66.050A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance, restricting tower height to fifty (50) feet, would frustrate effective transmission of signals to enhance cellular phone service for benefit of the public. 6/15/2011 P &Z Guidelines Page 4 of 11 17.66.050A.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. No material damages or prejudice to other properties in the vicinity or detriment to public health, safety and welfare will result from installation of the tower. 17.66.050A.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 objectives of the Comprehensive Plan as business /service use is permitted in this zoning district. 17.66.050A.5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. No action of the applicant caused special conditions or financial hardship necessitating the variance. 17.66.05046. That the granting of the variance will not permit a prohibited land use in the district involved. Granting of the variance will not permit a prohibited land use as retail service activities are permitted in the B- Business zoning district, and, in fact, are specifically encouraged by description and intent of that zoning district. ROLL CALL VOTE' ON MOTION CARRIED UNANIMOUSLY D) Case 11 -026. Request a rezone according to KIBC 17.205.030 (B) (Manner of Initiation), to investigate the rezone of Tracts A, B, and C, Ouzinkie Harbor Subdivision from R1 - Single Family Residential to I- Industrial to allow harbor and dock activities and expansion. The location is Ouzinkie and the zoning is R1- Single Family Residential. Dvorak gave a report stating this case was initiated by the Planning & Zoning Commission at the request of the mayor of Ouzinkie. Thirty seven public hearing notices were sent out with one returned requesting additional information. Staff recommends approval of this request. CHAIR TORRES MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of proposed Tracts A, B, and C, Ouzinkie Harbor Subdivision r m R1 - Single Family Residential to I- Industrial to allow harbor expansion and to link this approval to the filing of a revised plat as an effective clause to ensure the rezone is forever linked with the Ouzinkie harbor redevelopment project, subject to the findings contained in the staff report dated May 24, 2011 as "Findings of Fact" for this case. The public hearing was opened & closed: There was no public testimony. Brief discussion FINDINGS OF FACT 17.72.020 A. Findin • s as to the Need and ustification for a Chan !e or Amendment. The land owners, City of Ouzinkie and the Ouzinkie Native Corporation, need this rezone in order to redevelop the Ouzinkie water front dock area and related tidelands. The site has historically been used for all manner of commercial and water front industrial uses for many years. The structures and activities in this area have until now been nonconforming and this requested change of zoning will provide for the further redevelopment of new waterfront industrial structures and activities that will meet the needs of and benefit the Ouzinkie community. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. 6/15/2011 P &Z Guidelines Page 5 of 11 The Comprehensive Plan mentions the need and desire for economic diversity and economic opportunity in the community. The comprehensive plan designates this area for Mixed Use / Commercial /Waterfront /Residential. At the time the borough does not have a "Mixed Use" zone so it is necessary to zone for the most intensive uses and most appropriate uses that the site might be required to provide for. At the present time this is the I- Industrial zone. The plan also speaks to the need to maintain good two -way communication between the Kodiak Island Borough and the City of Ouzinkie. This need also applies to the related native corporations and tribal councils serving the community as well. The rezone will eliminate certain zoning nonconformities that have pre- existed on the rezone site for many years and will encourage the kind of re- development that is consistent with both past use and planned future development. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY E) Case 11 -027. Request a rezone, according to KIBC 17.205.030 (C) (Manner of Initiation), to investigate the rezone of a portion of U.S. Survey 2735 (Old Rendezvous site) from RR1- Rural Residential One t4 RR2 -Rural Residential Two, for a parcel of land 1.14 acres in area. This parcel, if rezoned, will be combined with an adjacent parcel to create a single 2.56 acre RR2- Rural Residential Two zoned lot. The applicant is Jay Johnston. The location is 22077 Chiniak Hwy, Middle Bay and the zoning is RR1- Rural Residential One; and, F) (Case 11 -028) A rezone, according to KIBC 17.205.030 (C) (Manner of Initiation), to investigate the rezone of an unsubdivided portion of Section 28, Township 29 South and Range 20 West, Seward Meridian, from C- Conservation to RR2 -Rural Residential Two, for a parcel of land 1.42 acres in area. This parcel if rezoned will be combined with an adjacent lot to create a 2.56 acre RR2 - Rural Residential Two zoned lot. The applicant is Leisnoi, Inc. and the agent is Carole Pagano. The location is a portion of Section 28, T29S R20W, Seward Meridian and the zoning is C- Conservation. Dvorak reported 5 public hearing notices were sent out for Case 11 -027 and 7 public hearing notices were sent out for Case 11 -028. No comments were received prior to tonight's public hearing. The applications for these cases were submitted separately and each parcel is currently zoned in a different classification even though they are both being requested to be rezoned to the RR2 zoning district. This request is related to a preliminary plat that was approved several months ago. You've already reviewed 1 rezone case on this and there is a condition of approval. When staff reviewed the subdivision we observed there was a need to take these 2 parcels in different zoning districts and make sure they end up in 1 district. The old Rendezvous site has been residential since 1993 and at that time it was rezoned from Business to RR1 in order to facilitate the redevelopment of the site as single family residential. The last request was to extend the RR1 zoning to the additional 1.14 acre parcel along the road frontage that they were looking to acquire and thereby making both lots the same zoning district which was denied. Staff feels RR2 zoning is the best fit and moves toward conformity with the Conservation designation in the plan. There isn't an opportunity to create a conforming lot out of these 2 lots in the Conservation zone. Staff recommends approval the RR2 zone and forward to the Assembly with a recommendation for approval. In response to COMMISSIONER SCHMITT'S inquiry of the parcel owned by Leisnoi, is it on the tax roll now, Dvorak stated typically ANCSA lands are not on the tax roll until they are developed. COMMISSIONER WATKINS MOVED to recommend a rezone from RR1 -Rural Residential One to RR2 -Rural Residential Two for a Portion of U.S. Survey 2735, a 1.14 acre parcel located near the Chiniak Highway in Middle Bay formerly known as the Old Rendezvous site, and to 6/15/2011 P &Z Guidelines Page 6 of 11 forward the case to the Borough Assembly with a recommendation for approval, subject to an effective clause that the rezoning will not become effective until a final plat is filed for Case S11 -003, and to adopt the findings in the staff report dated May 25, 2011 as FINDINGS OF FACT for this case. Close regular meeting & open public hearing: Sara Thayer stated the commission shouldn't even be considering this case because Johnston doesn't even have 2 acres. She stated the last time this was before the commission Mr. Watkins declared a conflict of interest and was excused from voting because he'd worked for Johnston and now it's a definite conflict of interest again. Two acre lots don't belong in Middle Bay. Middle Bay is not in any Comprehensive Plan and it's zoned Conservation with a minimum lot size of 5 acres. Marilyn Guilmet stated went through the history of agriculture in Middle Bay. She understands that RR1 and RR2 allow fireworks and she has lost animals due to fireworks. You can't mix residential zones with farming. The 5 acre parcels in Middle Bay were not made primarily for residential living. Whenever this type of zoning is introduced to agricultural communities what happens is you lose agricultural lands. Marie Rice stated it seems out of order to be discussing making it an RR2 pieces that don't constitute that much acreage. It's bad policy to have mixed zoning but what's wrong with someone owning 2 separate lots. To even start zoning this in a way that could encourage Leisnoi's properties continue on with developments like this. Agriculture is really hurting in this state. Middle Bay is choice and has a flat acreage and can be used that way. It is improper for both parties to even consider this. In response to COMMISSIONER SCHMITT'S inquiry of parcel 2, the land between the road and the old Rendezvous site, is that currently being farmed, Rice said no. Jay Johnston stated he requests approval of these requests. Changing the zoning designations won't change anything regarding fireworks. This land is not going to be farmed so we aren't going to increase or decrease the farming in the area, and it won't change how it functions. We want to ensure nothing in front of us will be going on there. It can't be subdivided further if it is RR2. Todd Hiner stated the law reads in Middle Bay that no one can sell a parcel less than 5 acres. Is the borough trying to change the codes in the area or to set a precedence. Does 2 illegal lots of different zonings make a legal lot, no it doesn't. Laws and codes are put into place for us to follow. Stephanie Love stated they bought the old Rendezvous in 1990 do her and Johnston could make a home out of it. She said they didn't have anything to do with the size of that lot and at that time it was zoned Business. We asked for a rezone to residential and at that time we paid to have the easement go across the lot in front of our house. We have always wanted access to that lot in front of our house so that no one else would build in front of us or put up a fireworks stand. We have no intentions of opening a fireworks stand. She requested approval of this rezone so their lot is a little larger than it is. We just want a little larger space. Close public hearing & open regular meeting: COMMISSIONER JANZ stated is conformity more important than the intent of the Comp Plan and she is more in support of rezoning the 2 lots to Conservation with a variance. Part of her concern comes from other cases where spot zoning has happened. The Comp Plan tells us to look at that as Conservation. 6/15/2011 P &Z Guidelines Page 7 of 11 During discussion, COMMISSIONER WATKINS clarified that there are several people who work for several companies in the course of the year and what they have worked out with the current and past chair and members of the assembly is that he declares a conflict of interest for 6 months after completion of the job. The last meeting was on, what he thought, the cusp of six months but it was actually past the 6 months. He stated we have asked for Johnston to come to a more conforming resolution and he has. In response to CHAIR TORRES'S inquiry of the far right lot on the north corner on the zoning map if the parcel is zoned Industrial and is the southwest corner lot 5 acres, Dvorak stated it is a 5 acre Industrial lot and the southwest corner lot is 5 acres also. Pretty much all of the road frontage is spoken for except for just this one 1.14 acre parcel. In response to CHAIR TORRES'S inquiry of how different is the usage between the Industrial lot and Conservation lots, Dvorak stated historically, this site has served a number of different purposes but is largely due to its shoreline location been oriented towards seafood processing or slaughterhouse so it's been a multi -use site in the past. CHAIR TORRES stated there is a lot of mixed zoning in the area already that he can see and we aren't losing any farmland and if both these cases go through it would be increasing the lot size and it couldn't be subdivided. ROLL CALL VOTE ON MOTION FAILED DUE TO A LACK OF QUORUM. 3 -2. The noes were Casey Janz, Brent Watkins, and Alan Schmitt. The aye was Alan Torres. Brent Watkins and Alan Schmitt changed their vote from aye to no. COMMISSIONER SCHMITT asked a parliamentary procedural question. COMMISSIONER SCHMITT MOVED to recommend a rezone from C- Conservation to RR2 -Rural Residential Two for a portion of Section 28, T29S, R2OW, Seward Meridian, a 1.42 acre parcel generally located between the Chiniak Highway and a Portion of U.S. Survey 2735 formerly known as the Old Rendezvous site, and to forward the case to the Borough Assembly with a recommendation for approval, subject to an effective clause that the rezoning will not become effective until a final plat is filed for Case S11 -003, and to adopt the findings in the staff report dated May 25, 2011 as FINDINGS OF FACT for this case. Close regular meeting & open public hearing: Sarah Thayer stated it would give them more land in front of the old Rendezvous but this is about zoning. Conservation is 5 acre minimum and the land that Leisnoi wants to sell is 1.42 acres. They shouldn't even be allowed to sell it. On the Leisnoi parcel eastern portion, that would block a secondary future access to our property. Marilyn Guilmet stated all the farmland has been run out by residential in Homer, Palmer, and Pt. McKenzie. You are doing the same thing that you have done in Bells Flats. A farm is a service to the community. Jay Johnston stated by allowing this it would be increasing the size and it would be bigger, quieter, and less dense. He doesn't understand how it would be setting a precedence by allowing this. This RR1 property is not going away, changing it to RR2 doesn't change that or much of what we could do on our property. He feels you would be doing a disservice by not putting more property on the tax rolls. Todd Hiner stated Johnston has an easement that he purchased from Leisnoi so he will never be landlocked. He's not losing anything and all he's going to do is making a bigger lot by using a piece of Conservation combining it into one lot. Why open up a can of worms and let Leisnoi 6/15/2011 P &Z Guidelines Page 8 of 11 sell off a 1 acre parcel when they have many acres across the road. By setting a precedence it's really going to affect the community out there. Discussion of not losing any farmland and COMMISSIONERS SCHMITT, TORRES, and WATKINS spoke in support the rezones, and Casey Janz is opposed to RR2 but open to Conservation due to the area being identified as agricultural in the Comp Plan. Close public hearing & open regular meeting: ROLL CALL VOTE ON MOTION FAILED DUE TO A LACK OF QUORUM. The noes were Brent Watkins, Casey Janz, and Alan Schmitt. The aye was Alan Torres. Brent Watkins and Alan Schmitt changed their vote from aye to no. G) Case S11 -015. Request preliminary approval, according to KIBC 16.40, of a subdivision of U.S. Survey 3100, Lot 9 and creating Lots 9A, 9B, 9C, and 9D, U.S. Survey 3100. The applicant is Kodiak Ventures, Inc. and the agent is Kevin Arndt. The location is 3241 Spruce Cape Road and the zoning is R2 -Two Family Residential. Cassidy reported Recommended Motion:COMMISSIONER SCHMITT MOVED to grant preliminary approval, according to KIBC 16.40, of a subdivision of U.S. Survey 3100, Lot 9 and creating Lots 9A, 9B, 9C, and 9D, U.S. Survey 3100, subject to one (1) condition of approval contained in the staff report dated June 3, 2011, and to adopt the findings in that staff report as "Findings of Fact" for case S11 -015. Close regular meeting & open public hearing: Read phone number: Local: 486 -3231. Limited to 3 minutes per speaker. State your name for the record, and sign and print your name on the sign in sheet. Close public hearing & open regular meeting: Discussion - Amendments may be offered at this time. CONDITIONS OF APPROVAL 1. The subdivider is required to record an "Access and Utility Easement Maintenance Agreement ", acceptable to the Director of the Community Development Department, in the form of a subdivision covenant. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY H) Case S11- 016. Request preliminary approval, according to KIBC 16.40, of a subdivision of Lot 1, Block 4, U. S. Survey 4926 and creating lots 1A and 1B, Block 4, U.S. Survey 4926. The applicant is the City of Akhiok and the agent is SL Denny Surveying. The location is Akhiok and the zoning is R1- Single Family Residential. STAFF REPORT Recommended Motion: Move to grant preliminary approval, according to KIBC 16.40, of a subdivision of Lot 1, Block 4 , U. S. Survey 4926 and creating lots 1A and IB, Block 4, U.S. 6/15/2011 P &Z Guidelines Page 9 of 11 Survey 4926, subject to one condition of approval, and to adopt the findings in that staff report dated June 3, 2011 as "Findings of Fact" for case S11 -016. Close regular meeting & open public hearing: Read phone number: Local: 486 -3231. Limited to 3 minutes per speaker. State your name for the record, and sign and print your name on the sign in sheet. Close public hearing & open regular meeting: Discussion - Amendments may be offered at this time. CONDITIONS OF APPROVAL 1. Proposed Lot 1A and Lot 1B Block 4 United States Survey 4296 must be rezoned to an appropriate zoning district prior to final plat recording. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. ROLL CALL VOTE ON MOTION - If approved, read Conditions & Findings of Fact into the record OLD BUSINESS NEW BUSINESS COMMUNICATIONS REPORTS A) Meeting Schedule: • July 13, 2011 work session at 6:30pm in the KIB Conference Room. • July 20, 2011 regular meeting at 6:30pm in the Assembly Chambers. B) Minutes of Other Meetings • April 12, 2011 Parks & Recreation Committee minutes • April 26, 2011 Parks & Recreation Committee minutes C) Abbreviated and Final Approval - Subdivisions STAFF REPORT Recommended motion: Move to accept reports as presented. VOICE VOTE ON MOTION AUDIENCE COMMENTS Read phone numbers: Local: 486 -3231. Limited to 3 minutes per speaker. State your name for the record, and sign and print your name on the sign in sheet. COMMISSIONER'S COMMENTS ADJOURNMENT Recommended motion: Move to adjourn. 6/15/2011 P &Z Guidelines Page 10 of 11 VOICE VOTE ON MOTION CHAIR TORRES adjourned the meeting at p.m. 6/15/2011 P &Z Guidelines Page 11 of 11 Kodiak Island Borough cf. Office of the Borough Clerk `'. 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 - -- njavier@kodiakak.us NOTICE OF APPEAL HEARING This notice is being sent to you because our records indicate that you are entitled to notice of the original Planning and Zoning Commission's proceeding regarding Case No. S11 -014, Granting preliminary approval, according to KIBC 16.40, to amend plat notes A.1 and A.2 on Plat 2000 -8, by eliminating a restriction on Lots 7 through 10 and 12, requiring driveway /vehicle access only from Wilton White Way and requiring the front yard setback to be calculated only from that side of the lot and instead substituting plat notes that will allow for driveway /vehicle access to either Wilton White Way or Sharatin Drive such that the front yard setback will be determined to be whichever side has the access drive, subject to the following conditions of approval which may also be converted to plat notes for the sake of clarity, and to adopt the finding contained in the staff report for this case dated June 1, 2011, as Findings of Fact for this case. (Appellant: Amanda Breeden). The Kodiak Island Borough Planning and Zoning Commission, at its meeting on June 15, 2011, adopted Findings of Fact in support of granting preliminary approval and the vacation of the above referenced case. This case is going to be heard before the Kodiak Island Borough Assembly on Thursday, August 4, 2011, at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Written argument supporting or opposing the appeal may be submitted by email to njavier@kodiakak.us, faxed to 907 - 486 -9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, August 4, 2011. All written comments submitted on this appeal shall become part of the appeal record. Per KIBC 16.90.070(B) At the hearing before the assembly, only persons who have submitted written argument on the appeal or testified before the commission, or submitted written comments to the commission, may present oral argument. The following may present oral argument before the board: persons who have submitted written argument on this appeal, or submitted timely written comments to the commission, or testified before the commission. Per KIBC 16.90.050(C) The appeal record shall be completed within 10 working days of filing of appeal. The appeal record shall include the draft minutes of the proceedings before the commission, the commission's written decision, and any written documents considered by the commission. Any party to an appeal from a commission decision may cause the appeal record to include a verbatim transcript of the proceedings before the commission by filing a request therefore, accompanied by a cash deposit in the amount of the estimated cost of preparing the transcript. Within 10 working days of notice of completion of the transcript, the person requesting it shall pay the actual cost thereof or the deposit shall be forfeited to the borough. A request by the borough for a transcript is not subject to the deposit or refund provisions of this subsection. The borough shall bear the cost of preparing the remainder of the record. Per KIBC 16.90.050(E) A copy of the appeal record shall be available for public inspection at the clerk's office. Any person may obtain a copy of the record upon payment of the appropriate fee. For any questions regarding this appeal, please call the Borough Clerk's Office at 486 -9310. Attached are the following: Appeal Hearing Form Appellants' Notice of Appeal r PPEAL ¶JJAS MBI Y oG j appeal Cgag Planning ERO Zoning Commission's 0 ecislon €Q€M06 S11 -014 Cpduimi ig 2011, • GRANTING Preliminary Approval, According (OC@ 16.40, Oj Amend Note(s) Cal CAN 20004, Relating GD Access aid Front Yard Setback Calculations Lots a through 90199 Block 2? Gtr .f iSubdivision. Appellant: Amanda Breeden z ^ rb e Lil " ) kP 4 • ��co 325 3 259 dry �� 6,.., ' � . S (.1, .4 S � r1/ rh �n � � q frp 0. Co , o 846 �f1a o o 0 2 , ^ ^ Q � O � i SS • Cc N Q N c b o�co ^ G 0 ch Co Cb P. e ll I N 322 l `� (1, �� ti 1�� 3 �� °' s `L N �P o 3 a co 9)101 • .. 0 56 6 5 6 6 I� C O Q I ry ._4 :, b' 5`90 • oj1 ` 113- Legend `� rb I Parcels (Oct �P Q ^ � v. ^ � o ,AA �; Kodiak Island Borough GIS System N x7. p W '� �, ' • - 0 85 170 340 510 680 f - . w 7IFeet 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 vnthln 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 Bepadment at (907)486-9333. APPEAL HEARING FORM An Appeal to the Assembly of the Planning and Zoning Commission's decision on Case No. SO11 -014 GRANTING preliminary approval, according to KIBC 16.40, to amend plat notes A.1 and A.2 on Plat 2000 -8, by eliminating a restriction on Lots 7 through 10 and 12, requiring driveway /vehicle access only from Wilton White Way and requiring the front yard setback to be calculated only from that side of the lot and instead substituting plat notes that will allow for driveway /vehicle access to either Wilton White Way or Sharatin Drive such that the front yard setback will be determined to be whichever side has the access drive, subject to the following conditions of approval which may also be converted to plat notes for the sake of clarity, and to adopt the finding contained in the staff report for this case dated June 1, 2011, as Findings of Fact for this case. (Appellant: Amanda Breeden). ❑ This written argument is in support of the appeal. ❑ This written argument is in opposition of the appeal. Name: Residence Address: Mailing Address: Comments: Written argument supporting or opposing the appeal may be submitted by email to niavier(o)kodiakak.us, faxed to 907- 486 -9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, August 4, 2011. All written comments submitted on this appeal shall become part of the appeal record. ACOSTA RENTALS, LLC JAMES ARNESON WILLIAM ARNOLD PO BOX 723 3092 SPRUCE CAPE ROAD 3300 WILTON WHITE WAY KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JOSEPH BAILOR JASON BALL JOHN BARKLOW 3535 SITKINAK DR PO BOX 9057 3254 KATMAI DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ROBERT BARTON ERIC BEATTIE HOWARD BODI PO BOX 8995 3248 KATMAI DR. 3031 SPRUCE CAPE RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 MARK BREEDEN JUSTIN BROWN JILL BUNTING 3265 WILTON WHITE WAY 620 PEREZ WAY PO BOX 8586 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JOHN BURNETT LAURA CARRASCO JOSE CASTRO PO BOX 8535 3019 SPRUCE CAPE RD PO BOX 2246 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 KENNETH CHRISTIANSEN CITY OF KODIAK KENNETH DUNN 1849 MARMOT DR P.O. BOX 1397 PO BOX 8781 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ENERGY PLUS HOMES, INC DONALD ERDMAN FLP BRANDON HALES PO BOX 1066 PO BOX 1912 PO BOX 1972 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 TEENA HALL JOHN HALL DAN J HELM 4232 150TH ST SW #5B 3227 KATMAI DR PO BOX 4074 LYNNWOOD, WA 98037 KODIAK, AK 99615 KODIAK, AK 99615 CHRISTIAN HICKS ETAL ROBERT E HILLIS III DOUGLAS HOGEN 612 PEREZ WAY PO BOX 847 3099 SPRUCE CAPE RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JERRY HOLT JOHN HUSTER GRACE HWANG P.O. BOX 763 PO BOX 1029 PO BOX 190396 KODIAK, AK 99615 KODIAK, AK 99615 ANCHORAGE, AK 99519 CHRISTOPHER JOHNSON JAMES KENNEDY GARRY KERNAN 590 PEREZ WAY 3023 SPRUCE CAPE RD 1315 ISMAILOV ST. KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK CHRISTIAN EDUCATION KODIAK ISL HSG AUTHORITY KODIAK ISLAND BOROUGH PO BOX 49 3137 MILL BAY RD 710 MILL BAY RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK VENTURES, INC. DUSTIN KRUG DIANE LANGFITT PO BOX 1066 PO BOX 1971 565 PEREZ WAY KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DANE LARSEN JOHN LARSEN ETAL ROBERT B LINDSEY PO BOX 29 3231 KATMAI DR 3162 SPRUCE CAPE RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 LOUIS LINDSEY LIVING TRUST CHARLES LORENSON GENE LORENSON 3825 324TH AVE SE P.O. BOX 1947 1014 THORSHEIM ST. FALL CITY, WA 98024 KODIAK, AK 99615 KODIAK, AK 99615 ANDREW LUNDQUIST ETAL PETER LYSE JOSE MADRID PO BOX 589 566 PEREZ WAY PO BOX 363 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ROBERTSON MARQUARDT MK ENTERPRISES, LLC MARK MOORE 3243 KATMAI DR PO BOX 2338 409A POLARIS AVE KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 BRIAN MULLEN EMIL NORTON 11 MARY OCAMPO 1815 SIMEONOF ST PO BOX 4304 PO BOX 8688 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 TAKESHI OKI LARRY OLSEN ROBERT & HEATHER ONDERS PO BOX 2077 P 0 BOX 1926 3258 KATMAI DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 MICHAEL O'NEAL GREGORY PENNINGTON MICHAEL PESTRIKOFF 992 ALAMEDA AVE P.O. BOX 439 18860 TALARIK DR ASTORIA, OR 97103 KODIAK, AK 99615 EAGLE RIVER, AK 99577 SHARON PORTER ETAL JAMES POULOS DAVID & LEEANNA PUTMAN 3247 KATMAI DR 3064 SPRUCE CAPE RD PO BOX 1541 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 MARTHA RANDOLPH MICHAEL REUTER LEONARD R ROBERSON PO BOX 414 PO BOX 1489 3130 SPRUCE CAPE RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 RICHARD ROHRER CARLOSSANCHEZPENALOZA STAN SARGENT PO BOX 2219 3155 SPRUCE CAPE RD PO BOX 574 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ERIC SCHNEIDER ARTHUR SCHULTZ BRENDA SCHWANTES PO BOX 311 3580 SITKINAK DR PO BOX 275 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 CLAYTON SKONBERG ST PAUL LUTHERAN CHURCH STEVEN TIDWELL 3600 SITKINAK DR P O BOX 102 PO BOX 8904 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ANTHONY TROUT CAMI WARNER WARNER ENTERPRISES, LLC 3214 KATMAI DR PO BOX 8773 PO BOX 4324 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 RICHARD WHITNEY ALAN WOLF JON YOUNG PO BOX 793 PO BOX 791 585 PEREZ WAY KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 �',. w l Kodiak Island I °rough 'T t `, fi / 'er r. A grt Office of the Borough Clerk ' ' 7 � :�� ' 710 Mill Bay Road gt Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 DATE: June 28, 2011 MEMO TO: Bud Cassidy, CDD Director FROM: Nova M. Javier, MMC RE: Preparation of Appeal Record Case S11 -014 Attached is an appeal to the Assembly on the Planning and Zoning Commission's decision on Case No. S11 -014. The appellant is Amanda Breeden. Please prepare the appeal record pursuant to Kodiak Island Borough Code Title 16 and submit it to this office by Monday, July 11, 2011. KIBC 16.90.050C: "The appeal record shall be completed within ten (10) working days of filing of appeal. The appeal record shall include the draft minutes of the proceedings before the commission, the commission's written decision, and any written documents considered by the commission." Also, please supply a list of the names and addresses of each person who is entitled to a notice of the original commission proceeding. Thank you. . J'l • T_ APPEAL APPLICATION _ _ KIBC 16.90.020 - A written decision of the Commission granting or denying a� of f ai4orf _�!I a waiver from the requirements of this title may be appealed by the U� r (1) applicant; or (2) any person who was sent a written notice (Commission level) or ■I JUN 2 4 2011 (3) submitted timely written comments before the Commission or (4) gave oral testimony at the public hearing before the Commission. i. Based on the reasons above, please state the reason why you are ehtir!t ∎ 11y/e@r 'S OFFICE • Appellant(s) (print): Mailing address: yjr1(0 S , � 1 bra +vA e_ 0.r, ,A qm a, N �l � r< <c I E i� Phone: wk: tr S3S "1- hm: cj -Griq/ Celltk) ( 01-19 fax: Signa re(s) ) E -mail �r(, »r�:,,;�r1, L, r�rpe �rlPN�'C�jt.�r,MI L- � � r�1 t\ ... ..( Date: (.) Liu{ I t ` Case /Decision of the Commission that you are appealing: Provide the physical address, property owner, and property I.D. # related to the Case /Decision that you are appealing: ce ;C,"} Specifically state the reasons for the appeal: Sok a 3E40, CIA.0Ao N -- • Specifically state the relief being sought: Lpp Guar °.6 evte You may use a separate sheet if you need more space. If you are not going to use this form, please make /sure that the notice you are going to submit is in compliance with KIBC 16.90.030. Your appeal must be ✓ accompanied by appropriate fee. If there are more than one appellant, please be aware that KIBC 16.90.070 limits the appellant's oral testimony to 10 minutes. Page 3 of 3 KIBC 16.90.020 r,_ The Perez Estates community wishes to appeal the decision made by th¢�C�r�mrtrsro C • Tit Case number S i \ d (� t j Amanda and Mark Breeden Hm# 512 -0991 u I JU N 2 2017 3265 Wilton White Way Cell# 540- 226 -0719 • Email: amanda.l.breeden("rr useg.mil 24June2011 r;:ru • ' Following the meeting held on June 15, 2011, Mr. Kevin Ardnt, Mr. and Mrs. Wolf (Lot 20), and myself (Lot 11) met and we learned that construction on the duplexes are scheduled to begin next month. The construction will start on lots 9 &10. Mr. Arndt proceeded to inform us that the driveways to those multi -unit dwellings would be accessible thru Wilton White Way. Perez Estate community is asking the Borough to evaluate the R3 zoning for lots where access would be entered using Wilton White Way. Residents of Perez Estates have concerns regarding this matter. Here are a few concerns that were not appropriately addressed during the meeting. I. Traffic- Without adequate access for additional traffic with multi -unit dwellings homes being built on the lots there is a potential for between 8 -20 additional families traveling on our street. Neither Perez nor Wilton White Way has sidewalks and many children play on these roads. Sharatin also does not have sidewalks and multi -unit dwellings greater than a duplex would increase the traffic on Sharatin which is already a high traffic street. Placing multi- unit dwellings with access to Sharatin would create traffic close to the entrance of Rezenoff, this could become highly dangerous. 2. Trash disposal -The two dumpsters located at the comer of Perez and Wilton White Way are hardly adequate for the homes already living in the neighborhood. The amount of trash commonly around the dumpsters will continue to grow as more families move in. There are currently 3 multi - dwelling units with a large turnover rate which creates large amounts of trash such as; furniture, carpet, and auto parts. 3. Home Value - Although we have no desire to prevent construction on these lots, single homes would continue to add value to the existing homes while keeping with the environment already set in this neighborhood. Mr. Arndt himself had even said he would not want a duplex in his neighborhood. 4. Parking- Wilton White Way with its short narrow road cannot support large parking lots for multi unit dwellings. It is difficult for just a single family home to have a get together and find enough space for friends or family to park. If a duplex was to be built on the existing Wilton White Way side parking would be difficult. If duplexes were to be built on the south side of Wilton White Way planning could occur to allow for more parking. Parking on Sharatin would be a danger. 9m �A L. %,reed ',v PAYMENT DATE Kodiak Island Borough BATCH NO. 06/24/2011 710 Mill Bay Rd,__ 2011-00000945 COLLECTION STATION Kodiak, AK Ogi.iq,.: 1 ,3 i rZ L RECEIPT NO. CASHIER 1' ' i := ' '- I U E ;; 1' 2011-00001704 H ; RECEIVED FROM 1 i ! I CASHIER AMANDA BREEDEN ) I' JUN 2 4 2011 . , ..,i I Teresa Medina DESCRIPTION 3265 WILTON WHITE WAY 1 :,"-',. .: :il'AWEINifigs5DE 1 .. • J 1 ' : ' aRf'A:tkAC Other or Misc Other or Miscellaneous $200.00 .. . I APPEAL FEE KIBC 16 100 CASE#S11 614 . . . . _ .. ..... _ .. . ... Payments: Type Detail Amount Check 1655 $200 00 Total Amount: $200.00 Printed by: Teresa Medina Page 1 of 1 06/24/2011 03:59:22 PM • Kodiak Island Borough tz, - �ly Office of the Borough Clerk es 710 Mill Bay Road y ` t , Kodiak, Alaska 99615 ;64 , , ' , k 7 . Phone (907) 486 -9310 Fax (907) 486 -9391 njavier(2i kodiakak.us DATE: June 28, 2011 MEMO TO: Mayor and Assembly Members FROM: Nova M. Javier, MMC RE: Appeal to the Assembly Case S11 -014 This is to inform you that an appeal to the Assembly has been submitted appealing the Planning and Zoning Commission's decision on: Case No. S11 -014. Request preliminary approval, according to KIBC 16.40, to amend a note of Plat 2000 -8, restricting DrivewayNehicle Access to Wilton White Way for Lots 5 to 12, Block 2, Perez Estates Subdivision and instead restricting DrivewayNehicle Access exclusively to Sharatin Road for Lots 7, 8, and 12, Block 2, Perez Estates Subdivision; and amending a note on Plat 2000 -8 that requires the Front Yard Setback to be calculated from Wilton White Way for Lots 5 to 12, Block 2, Perez Estates Subdivision and requiring that the front yard setback and street address be restricted to Sharatin Road for Lots 7, 8, and 12, Block 2, Perez Estates Subdivision; and, To amend a note on Plat 2000 -8 providing for exclusive use of a 60 -foot wide access and utility easement from Wilton White Way by Lots 3, 4, 5, and 6, Block 2, Perez Estates Subdivision, by eliminating a 20 -foot access easement to Lots 5 and 6, Block 2, Perez Estates so that the amended easement will provide for exclusive use of the full 60 -foot wide for utilities by Lots 3, 4, 5, and 6, Block 2, Perez Estates Subdivision and exclusive access easement by Lots 3 and 4, Block 2, Perez Estates Subdivision for the 40 -foot remainder of the access easement covering the back -to -back flag stem drives connecting to Wilton White Way. (Appellant: Amanda Breeden). KIBC 16.90.070(A) Appeal hearing states: The Assembly shall hold an appeal hearing on the appeal at its first regular meeting, 30 days after the appeal record has been completed. A request has been submitted to the Community Development Department to provide the Clerk's office with the appeal record by Monday, July 11, 2011. The appeal hearing date will be tentatively scheduled for the regular meeting of August 18, 2011. Attachment: Appeal Letter FC- �� k (/ , /6. (00) �. APPEAL APPLICATION ( 1 KIBC 16.90.020 - A written decision of the Commission granting or denying a[yakf plfor� a waiver from the requirements of this title may be appealed by the -- —, l (1) applicant; or (2) any person who was sent a written notice (Commission level) or JUN 2 4 2011 (3) submitted timely written comments before the Commission or 1 I ! (4) gave oral testimony at the public hearing before the Commission. j ' Based on the reasons above, please state the reason why you are e�W ERK'$ OFFICE Appellant(s) (print): Mailing address: . ,4mo -tNclo 7.)reEc.11E Phone: wk: qQ1 -; }S "} hm: 51)- Oc•Y;/ Cell: yip a(, Din fax: Signe re(s): E- mail / t mr+t;;, J},1-, ( ec e Ns i �G, Date: Co 14)4 I t Case /Decision of the Commission that you are appealing: • Sll Provide the physical address, property owner, and property I.D. # related to the Case /Decision that you are appealing: e acl�me�U I Specifically state the reasons for the appeal: Ct- ehrvvs • • Specifically state the relief being sought: a 1kC e.kiv1E You may use a separate sheet if you need more space. If you are not going to use this form, please make / sure that the notice you are going to submit is in compliance with KIBC 16.90.030. Your appeal must be • ✓ accompanied by appropriate fee. If there are more than one appellant, please be aware that KIBC 16.90.070 limits the appellant's oral testimony to 10 minutes. Page 3 of 3 KIBC 16.90.020 The Perez Estates community wishes to appeal the decision made by thl tti Case number i k — b ILA Way i s 3265 n Wilton White Wa den Cell# 540 - 0226-0719 L_ SUN ? 2t)11 1` ( -; r Email: amanda.l.breeden(7//uscg.mil 24June2011 1 �J;(�C� .". .,7-- ---- � Following the meeting held on June 15, 2011, Mr. Kevin Ardnt, Mr. and Mrs. Wolf (Lot 20), and myself (Lot II) met and we learned that construction on the duplexes are scheduled to • begin next month. The construction will start on lots 9 &10. Mr. Arndt proceeded to inform us that the driveways to those multi -unit dwellings would be accessible thru Wilton White Way. Perez Estate community is asking the Borough to evaluate the R3 zoning for lots where access would be entered using Wilton White Way. Residents of Perez Estates have concerns regarding this matter. Here are a few concerns that were not appropriately addressed during the meeting. 1. Traffic- Without adequate access for additional traffic with multi -unit dwellings homes being built on the lots there is a potential for between 8 -20 additional families traveling on our street. Neither Perez nor Wilton White Way has sidewalks and many children play on these roads. Sharatin also does not have sidewalks and multi -unit dwellings greater than a duplex would increase the traffic on Sharatin which is already a high traffic street. Placing multi- unit dwellings with access to Sharatin would create traffic close to the entrance of Rezenoff, this could become highly dangerous. 2. Trash disposal -The two dumpsters located at the corner of Perez and Wilton White Way are hardly adequate for the hones already living in the neighborhood. The amount of trash commonly around the duinpsters will continue to grow as more families move in. There are currently 3 multi - dwelling units with a Large turnover rate which creates large amounts of trash such as; furniture, carpet, and auto parts. 3. Home Value - Although we have no desire to prevent construction on these lots, single homes would continue to add value to the existing homes while keeping with the environment already set in this neighborhood. Mr. Arndt himself had even said he would not want a duplex in his neighborhood. 4. Parking- Wilton White Way with its short narrow road cannot support large parking lots for multi unit dwellings. It is difficult for just a single family home to have a get • together and find enough space for friends or family to park. If a duplex was to be built on the existing Wilton White Way side parking would be difficult. If duplexes were to be • built on the south side of Wilton White Way planning could occur to allow for more parking. Parking on Sharatin would be a danger. • AMA" v l,JA- L. ./ •L eci /v/ • PAYMENT DATE Kodiak Island Borough BATCH N. 06,24/2011 710 Mill Bay_Rd._ 2011-00000945 COLLECTION STATION Kodiak, AK fl 5g 9961 , ._ _-_-- — RECEIPT NO. CASHIER li :: 1 -i= -1 L': li \''/ „.,,__ __ _ L j, ; 2011-00001704 i,‘, ' ' -- 7ll I ' RECEIVED FROM . ;, , i . i i it CASHIER AMANDA BREEDEN . i ; pi !, JUN 2 4 2011 ' 0,1 Teresa Medina DESCRIPTION 3265 WILTON WHITE WAY ; L- ; . ol ;'' t .C . PAYIIIIENT - CODE P .:; ( 1 3 !' !:'4 . NTilANIACifidisi*IoTitsitti:, Other or Misc Other or Miscellaneous $200 00 APPEAL FEE KIBC 16.100 CASE#S11 614 Payments: Type Detail Amount Check 1655 $200.00 Total Amount: $200.00 Printed by: Teresa Medina Page 1 of 1 06/24/2011 03:59:22 PM fi "..��, Kodiak Island Borough t *A t. Office of the Borough Clerk X1 -- , , , r 710 Mill Bay Road r' M ,: ' ' - ' -s- . ` Kodiak, Alaska 99615 ". - . Phone (907) 486 -9310 Fax (907) 486 -9391 DATE: June 28, 2011 MEMO TO: Planning and Zoning Commissioners FROM: Nova M. Javier, MMC RE: Appeal to the Assembly Case S11 -014 KIBC 16.90.050(A) states: "Upon timely commencement of an appeal, the clerk shall schedule the appeal hearing, mail notice of the appeal, request the community development department director to prepare the appeal record, and notify the commission of the appeal." This is to inform you that an appeal application has been received appealing the Commission's decision on: Case No. S11 -014. Request preliminary approval, according to KIBC 16.40, to amend a note of Plat 2000 -8, restricting DrivewayNehicle Access to Wilton White Way for Lots 5 to 12, Block 2, Perez Estates Subdivision and instead restricting DrivewayNehicle Access exclusively to Sharatin Road for Lots 7, 8, and 12, Block 2, Perez Estates Subdivision; and amending a note on Plat 2000 -8 that requires the Front Yard Setback to be calculated from Wilton White Way for Lots 5 to 12, Block 2, Perez Estates Subdivision and requiring that the front yard setback and street address be restricted to Sharatin Road for Lots 7, 8, and 12, Block 2, Perez Estates Subdivision; and, To amend a note on Plat 2000 -8 providing for exclusive use of a 60 -foot wide access and utility easement from Wilton White Way by Lots 3, 4, 5, and 6, Block 2, Perez Estates Subdivision, by eliminating a 20 -foot access easement to Lots 5 and 6, Block 2, Perez Estates so that the amended easement will provide for exclusive use of the full 60 -foot wide for utilities by Lots 3, 4, 5, and 6, Block 2, Perez Estates Subdivision and exclusive access easement by Lots 3 and 4, Block 2, Perez Estates Subdivision for the 40 -foot remainder of the access easement covering the back -to -back flag stem drives connecting to Wilton White Way. (Appellant: Amanda Breeden). A request has been submitted to the Community Development Department to provide the Clerk's office with the appeal record by Monday, July 11, 2011. The appeal hearing date will be tentatively scheduled for the regular meeting of August 18, 2011. Attachment: Appeal Information ),/ Cc: CDD Director CDD Secretary I • • • • APPEAL APPLICATION KIBC 16.90.020 - A written decision of the Commission granting or denying ail a6f l4oro V E a waiver from the requirements of this title may be appealed by the J I — -- — —� (1) applicant; or ' I, (2) any person who was sent a written notice (Commission level) or I i JUN 2 4 2011 (3) submitted timely written comments before the Commission or I (4) gave oral testimony at the public hearing before the Commission. j Based on the reasons above, please state the reason why you are e4 ;f? laP Mt:RK S OFFICE Appellant(s) (print): Mailing address: .,am GI o %r � f ��l e .95a Phone: wk: ysz1 'S }S"} hm: c),4- C.` G / U CellttloPC oin fax: Signe re(s): E -mail j,r,rvc,M,L. Date: Co k Lt 1 t Case /Decision of the Commission that you are appealing: 511 6 `4 Provide the physical address, property owner, and property I.D. # related to the Case /Decision that you are appealing: P u- cl rp - Specifically state the reasons for the appeal: S°_e a j r i c a C_vivke Specifically state the relief being sought: You may use a separate sheet if you need more space. If you are not going to use this form, please make /sure that the notice you are going to submit is in compliance with KIBC 16.90.030. Your appeal must be ✓ accompanied by appropriate fee. If there are more than one appellant, please be aware that KIBC 16.90.070 limits the appellant's oral testimony to 10 minutes. Page 3 of 3 KIBC 16.90.020 2 The Perez Estates community wishes to appeal the decision made by t11l� liIuii = io [ ( r �.,�t Case number i \ - 1y �� —�_. _ � f j ( f iu ) I ' JUN 2 4 ' ` Amanda and Mark Breeden Hm# 512 -0991 � 20)j 3265 Wilton White Way Cell# 540- 226 -0719 Email: amanda.1.breeden 24June2011 B�F UrriLL Following the meeting held on June 15, 2011, Mr. Kevin Ardnt, Mr. and Mrs. Wolf (Lot 20), and myself (Lot 11) met and we learned that construction on the duplexes are scheduled to begin next month. The construction will start on lots 9 8c10. Mr. Arndt proceeded to inforni us that the driveways to those multi -unit dwellings would be accessible thru Wilton White Way. Perez Estate community is asking the Borough to evaluate the R3 zoning for lots where access would be entered using Wilton White Way. Residents of Perez Estates have concerns regarding this matter. Here are a few concerns that were not appropriately addressed during the meeting. 1. Traffic- Without adequate access for additional traffic with multi -unit dwellings homes being built on the lots there is a potential for between 8 -20 additional families traveling on our street. Neither Perez nor Wilton White Way has sidewalks and many children play on these roads. Sharatin also does not have sidewalks and multi -unit dwellings greater than a duplex would increase the traffic on Sharatin which is already a high traffic street. Placing multi- unit dwellings with access to Sharatin would create traffic close to the entrance of Rezenoff, this could become highly dangerous. 2. Trash disposal -The two dumpsters located at the corner of Perez and Wilton White Way are hardly adequate for the homes already living in the neighborhood. The amount of trash commonly around the dumpsters will continue to grow as more families move in. There are currently 3 multi- dwelling units with a large tumover rate which creates large amounts of trash such as; furniture, carpet, and auto parts. 3. Home Value - Although we have no desire to prevent construction on these lots, single homes would continue to add value to the existing homes while keeping with the environment already set in this neighborhood. Mr. Arndt himself had even said he would not want a duplex in his neighborhood. 4. Parking- Wilton White Way with its short narrow road cannot support large parking lots for multi unit dwellings. It is difficult for just a single family home to have a get together and find enough space for friends or family to park. If a duplex was to be built on the existing Wilton White Way side parking would be difficult. If duplexes were to be built on the south side of Wilton White Way planning could occur to allow for more parking. Parking on Sharatin would be a danger. knA- 1\,6 L. arc ecf . rJ PAYMENT DATE Kodiak Island Borough BATCH NO. 06/24/2011 710 Mill Bay_Rd, -_. 2011- 00000945 COLLECTION STATION Kodiak, AK 99615 I ` 1,72 r i II // 2 .F RECEIPT NO. CASHIER _ ; �— __ lL I r° 2011- 00001704 RECEIVED FROM , i i i 1 i I i CASHIER AMANDA BREEDEN ) L JUN 2 4 2011 ; Teresa Medina DESCRIPTION 3265 WILTON WHITE WAY E n , l , ' „ I , r • ..,__hi L i t: " ,'4 . 1):0 8,;!':!. . RECEIPraigsCRIPTIONc,�m', teitiaiti �7TRANSACTION AMOUNTc_ `' Other or Misc I Other or Miscellaneous $200.00 APPEAL FEE KIBC 16.100 CASE #S11 614 Payments: Type Detail Amount Check 1655 $200.00 Total Amount: l $200.00 Printed by: Teresa Medina Page 1 of 1 06/24/2011 03:59:22 PM yes Kodiak Inlaid Borough A. n n ...0/ 4 Com munity Development Department t ; tr ' F , <!- '°' 710 Mill Bay Road ,0 Kodiak, Alaska 99615 ;_ Phone (907) 486 -9363 Fax (907) 486 -9396 June 16,2011 1 i . JUN 1 7 2011 Mr. Kevin Arndt FEE: $ gy). I (I Kodiak Ventures, Inc. FINDINGS ADOPTED ON: Lei16 PO Box 1066 APPEAL BY: ,, . ✓, b(1 I 6/2= Kodiak, AK 99615 STATE DAYS: 1 We Re: Case S1.1 -014. Request preliminary approval, according to KIBC 16.40, to amend a note on Plat 2000 -8, restricting Driveway /Vehicle Access to Wilton White Way for Lots 5 to 12, Block 2, Perez Estates Subdivision and instead restricting Driveway /Vehicle Access exclusively to Sharatin Road for Lots 7, 8 and 12, Block,2, Perez Estates Subdivision; and amending a note on Plat 2000 -8 that requires the Front Yard Setback to be calculated from Wilton White Way for Lots 5 to 12, Block 2, Perez Estates Subdivision and requiring that the front yard setback and street address be restricted' to Sharatin Road for Lots 7, 8 and 12, Block 2, Perez Estates Subdivision; and, - _s To amend a note on Plat 2000 -8 providing for exclusive use of a 60, foot wide access and utility easement from Wilton White Way by Lots 3, 4, 5-and 6,: Block 2, Perez Estates Subdivision, by eliminating a 20 Foot access easement to Lot's 5 6, Block 2, Perez Estates so that the amended easement will provide for exclusive use of the full 60 foot width for utilities by Lots 3, 4, 5 and 6, Block 2, PcrersEstates_Subdivision and exclusive access easement by Lots 3 and 4, Block 2, Perez Estates Subdivision for the 40 foot remainder of the access easement covering the back- to- back'flag stem drives connecting to Wilton White Way. Dear Mr. Arndt: The Kodiak Island Borough Planning and Zoning Commission at their meeting on June 15, 2011 granted preliminary approval to the request referenced above subject to the following conditions, as well as the requirements of Chapter 16.50 [Final Plat] of the Borough Code: CONDITIONS OF APPROVAL 1. This approval is intended to allow access on only one side of each affected lot. 2. The Firc Chief of record will be required to grant approval of each lot proposed for development as being adequately served by fire hydrants in the area before zoning compliance will be issued for any of the lots affected by action. 3. The front yard setback and street address will follow the decision to locate a driveway /vehicle access on one side of the affected lots, however setback averaging for the lots, if applicable, will only be made on the basis of comparing the building line in front yards on adjoining lots regardless of their orientation for access to either Sharatin Road or Wilton White Way. 4. Correct the vicinity map to conform to this decision. 5. Correct the title block to conform to this decision. 6. Lots 5 & 6, Block 2, Perez Estates Subdivision are specifically excluded from this amendment as they are not topographically constrained and because they are linked by certain fire safety and private road concerns affecting Lots 3, 4, 5 & 6 collectively. Once these conditions have been met, please instruct your surveyor to complete the final plat and submit it to this office for final review. We suggest the use of a final "check plat" for this purpose. Once the check plat has been reviewed and approved it is your responsibility to obtain all the signatures required on the plat prior to submitting to the Kodiak Island Borough for recording. A current certificate to plat from a licensed title company should accompany the final plat. The approval of this preliminary plat shall be effective for twenty - four (24) months from the date of approval, notwithstanding the provisions of any subsequent change in the subdivision ordinance, zoning ordinance or zoning districts. After this time, the preliminary plat shall become null and void unless an extension of time is granted, at the request of the subdivider, by the commission prior to the expiration of the preliminary plat. A time extension will only be granted if a re- evaluation of the preliminary plat indicates that conditions are substantially the same as when the preliminary plat was originally approved. Approval of this plat by the Kodiak Island Borough Planning and Zoning Commission does not necessarily mean that development of the property complies with State and federal regulations, which may also be applicable. According to KIBC 16.90.030 An appeal of the commission's decision may be initiated by; 1) the applicant, or 2) any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the Commission, by filing a written notice of appeal with the Borough Clerk within ten (10) working days of the date of the Commission's decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and is accompanied by the appropriate appeal fee. Therefore, the Commission's decision will not be final and effective until ten (10) working days following the decision. The Planning and Zoning Commission adopted the following finding of fact in support of their decision: FINDINGS OF FACT 1. Lots 7 through 10 and 12, Block 2, Perez Estates Subdivision are constrained by topography such that it justifies a deviation from KIBC 16.40.050.B.2, but prior attempts to limit access to just one side of the lots or the other have not been helpful in the development of these lots. 2. The decision to access Lots 7 through 10 and 12, Block 2, Perez Estates Subdivision from either Sharatin Road or Wilton White Way should be made by the property owner or Page 2 of 4 developer based on the specific design of the proposed dwelling and related site plan on a lot by lot basis. 3. As recommended by staff in the past, and acknowledged by the commission, the front yard setback should conform to the access drive location, however this provision should not be used for setback averaging unless it is based upon comparison of front yard setbacks regardless of each adjoining lots access and setback orientation. 4. In order to ensure that all fire codes are met the local Fire Chief of record should be consulted and certify that the Lots proposed for development are adequately served by fire hydrants in order to ensure that the resulting development is a benefit to the community and not a potential liability. 5. Every effort should be made through applicable code provisions to ensure that the parking and driveways serving Lots 7 through 10 and 12 do not interfere with collector street safety or traffic capacity. If you have any questions about the action of the Commission, please feel free to contact the Community Development Department at 486 -9363. Sincerely, Sheila Smith, Secretary Community Development Department Page 3 of 4 Kodiak Island Borough Assembly Regular Meeting Guidelines August 4, 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 Sergeant Major Dave Blacketer 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 members Austerman and Jeffrey who are absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*e) 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: 1. *Resolution No. FY2012 -05 Authorizing the Records Manager to Dispose of Certain Kodiak Island Borough Records. 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 number: 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 August 4, 2011 Page 1 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2012 -04 Amending Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.105 Planning and Zoning Commission Section 2.105.010 Created — Membership; Title 2 Administration and Personnel Chapter 2.145 Solid Waste Advisory Board Section 2.145.010 Created — Membership; Title 3 Revenue and Finance Chapter 3.35 Real Property Tax Section 3.35.050 Board of Equalization; and Title 7 Elections Chapter 7.20 Qualifications of Voters and Candidates Section 7.20.020 Candidate Qualifications. Recommended motion: Move to adopt Ordinance No. FY2012 -04. Staff Report — Manager Gifford Open public hearing. Read phone number: 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. FY2012 -05 Authorizing the Records Manager to Dispose of Certain Kodiak Island Borough Records. Kodiak Island Borough Assembly Guidelines August 4, 2011 Page 2 2. Resolution No. FY2012 -06 Providing for the Issuance of Solid Waste Disposal Facility Revenue Bonds of the Borough for the Purpose of Providing Amounts to Acquire, Engineer, Design, and Construct Necessary Additions and Improvements to the Borough's Solid Waste Disposal Facility; and Providing for the Details Thereof. Recommended motion: Move to adopt Resolution No. FY2012 -06. Staff report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. C. Ordinances for Introduction 1. Ordinance No. FY2012 -05 Rezoning Tract C, Block 2, Ouzinkie Townsite Subdivision (U.S. Survey 4871), From R1- Single Family Residential To PL- Public Use Land. Recommended motion: Move to adopt Ordinance No. FY2012 -05 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. D. Other Items Kodiak Island Borough Assembly Guidelines August 4, 2011 Page 3 APPEAL TO THE ASSEMBLY An Appeal of the Planning and Zoning Commission's Decision of Case No. S11 -014 on June 15, 2011, GRANTING Preliminary Approval, According to KIBC 16.40, to Amend Note(s) on Plat 2000 -8, Relating to Access and Front Yard Setback Calculations for Lots 7 Through 10 and 12, Block 2, Perez Estates Subdivision. Appellant: Amanda Breeden. Clerk's Note: 81 notices of the appeal hearing were mailed. Responses are attached on bluff paper. Please announce: The Assembly shall decide the appeal upon the appeal record and the written and oral argument presented on the appeal. Per KIBC 16.90.070: At the hearing before the assembly, only persons who have submitted written argument on the appeal, or testified before the commission, or submitted written comments to the commission may present oral argument. Mayor please announce: The following persons may present oral argument on the appeal: Persons who have submitted written argument on the appeal: Amanda Breeden Peter and Eileen Lyse Martha Randolph Rick and Diane Langfitt Alan and Rose Wolf Michael W. Reuter William and Janet Arnold Testified before the Commission: Kevin Arndt Amanda Breeden Alan Wolf Submitted written comments to the Commission: None The order of oral argument is as follows: 1. Borough staff, including commission representatives: 10 minutes to present the decision and to set forth the evidence and reasons relied upon for the decision. 2. Appellant: 10 minutes - (Amanda Breeden) PLEASE ASK THOSE SPEAKING TO IDENTIFY THEMSELVES, SIGN, AND PRINT THEIR NAMES ON THE SIGN -IN SHEET. It is recommended that questions for the testifiers not be asked during their testimony. If further clarification on their testimony is needed, please ask the Mayor to call the person back to the podium during the debate. Kodiak Island Borough Assembly Guidelines August 4, 2011 Page 4 Read phone numbers: Local is 486 -3231 3. Private person supporting the appeal: 10 minutes per person 4. Private person opposing the appeal: 10 minutes per person 5. Appellant, for rebuttal: 10 minutes - (Amanda Breeden) Clarification: Rebuttal may be limited to new evidence and testimony brought forward during private person comments. Per KIBC 16.90.070: Failure to observe the above procedures in a hearing shall not affect the validity of the decision so long as the appellant has had a reasonable opportunity to be heard. Assembly discussion. The Assembly may convene into executive session for deliberation as a quasi - judicial board function to reach a decision in an adjudicatory proceeding and to deliberate on any essential findings -of -fact. If an executive session is desired: Recommended motion: Move to convene into executive session for deliberation as a quasi - judicial board. ROLL CALL VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION. After the vote, Mayor Selby invites the Manager, Community Development Department Staff and Clerk's office staff to join the executive session and recesses the Appeal to the Assembly. Upon returning from the executive session, Mayor Selby reconvenes the Appeal to the Assembly. DISCUSSION ON FINDINGS OF FACT - The findings of fact will be based on this discussion -- please give staff clear direction on the findings of fact. Per KIBC 16.90.090 Decision. A. The Assembly shall either affirm or reverse the decision of the Commission in whole or in part. If the Assembly fails to approve the reversal of the Commission's decision, that decision is affirmed. Recommended motion: Move to Affirm - IN WHOLE OR IN PART - the Planning and Zoning Commission's Decision of Case No. S11 -014 on June 15, 2011, GRANTING Preliminary Approval, According to KIBC 16.40, to Amend Note(s) on Plat 2000 -8, Relating to Access and Front Yard Setback Calculations for Lots 7 Through 10 and 12, Block 2, Perez Estates Subdivision. Appellant: Amanda Breeden. OR Recommended motion: Move to Reverse - IN WHOLE OR IN PART - the Planning and Zoning Commission's Decision of Case No. S11 -014 on June 15, 2011, GRANTING Kodiak Island Borough Assembly Guidelines August 4, 2011 Page 5 Preliminary Approval, According to KIBC 16.40, to Amend Note(s) on Plat 2000 -8, Relating to Access and Front Yard Setback Calculations for Lots 7 Through 10 and 12, Block 2, Perez Estates Subdivision. Appellant: Amanda Breeden. Clerks Note: If the Assembly fails to affirm, a motion to reverse is in order. If the Assembly fails to reverse, the decision is affirmed. ROLL CALL VOTE ON MOTION. Recommended motion: Move to postpone the Findings -of -Fact of the Borough Assembly on the Planning and Zoning Commission's Decision of Case No. S11 -014 on June 15, 2011, GRANTING Preliminary Approval, According to KIBC 16.40, to Amend Note(s) on Plat 2000 -8, Relating to Access and Front Yard Setback Calculations for Lots 7 Through 10 and 12, Block 2, Perez Estates Subdivision to the next regular Assembly meeting. Appellant: Amanda Breeden. ROLL CALL VOTE ON MOTION. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone number: 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 Assembly work session scheduled on Thursday, August 11, 2011, and the regular meeting scheduled on Thursday, August 18, 2011 have been cancelled. The next Assembly work session will be held on Thursday, August 25, 2011, at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly is scheduled on Thursday, September 1, 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. 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