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2011-09-15 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, September 15, 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 (fib') are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There' will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. APPROVAL OF MINUTES A. Special Meeting of August 25, 2011. 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 A. AAC Presentation - Craig Campbell, President and Chief Operating Officer 9. PUBLIC HEARING A. Ordinance No. FY2012 -06 Rezoning a Portion of U.S. Survey 2735 From RR1 —Rural Residential 1 (One Acre) To RR2 —Rural Residential 2 (Two Acres) (Jay Johnston). B. Ordinance No. FY2012 -07 Rezoning an Unsubdivided Portion of Section 28, Township 29S Range 20 West Seward Meridian From C- Conservation To RR2 -Rural Residential Two Acres (Leisnoi, Inc.). C. Ordinance No. FY2012 -08 Rezoning Property in Akhiok From RNC -Rural Neighborhood Commercial To PL- Public Use Lands. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts 1. Contract No. FY2006 -41A Extension of Contract No. FY2006 -41 Auditing Services for the Kodiak Island Borough and Kodiak Island Borough School District for Fiscal Year 2011. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 1 of 2 B. Resolutions 1. Resolution No. FY2012 -11 Adopting a State Legislative Capital Improvement Projects Priority List for -the 2012 Legislative Session. C. Ordinances for Introduction - None. D. Other Items 1. *Declaring a Seat on the Parks and Recreation Committee Vacant. 2. *Approval of the October 4, 2011 Regular Municipal Election Workers. 14. EXECUTIVE SESSION 1. Matters Involving Negotiations with IBEW, a Labor Organization Representing Borough Employees. 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 1. Kodiak Island Borough School District Special Meeting Summary of August 8, 2011 and Regular Meeting Summary of August 22, 2011. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 2 of 2 KODIAK ISLAND BOROUGH Assembly Special Meeting August 25, 2011 A special meeting of the Kodiak Island Borough Assembly was held on Thursday, August 25, 2011 in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 9:18 p.m. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford and Clerk Nova Javier. CITIZENS' COMMENTS Trevor Dunbar spoke regarding the $2 Million worth of funding approved by the State for the improvement of Baranof Park. He encouraged the Assembly to support the rest of the funding to complete the project. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Resolution No. FY2012 -08 Designating State of Alaska Department of Environmental Conservation (ADEC) Grant Funds for the Project Entitled "Kodiak Landfill Lateral Expansion Project as the Number One Local State Funding Priority for Fiscal Year 2013. Kaplan moved to adopt Resolution No. FY2012 -08. Kodiak's current permitted landfill was estimated to reach its capacity in 2014. Expansion of the landfill required meeting new regulations mandated by Alaska Department of Environmental Conservation (ADEC) including construction of an impermeable liner to capture all leachate for processing. The new rules gave rise to much higher construction costs which created the need for increasing the revenues of the enterprise fund. ADEC provided a competitive Municipal Matching Grant program for such projects. If awarded this grant would serve to reduce the amount of revenue needed to cover construction costs for this project. Engineering and Facilities staff worked closely with ADEC to assure that the Kodiak Landfill Lateral Expansion Project qualifies for consideration for this funding. In order to qualify for the grant the municipality needed to list this project as the number one local state funding priority. The deadline for submission of this resolution to ADEC was August 26, 2011. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. Kodiak Island Borough Assembly Minutes August 25, 2011 Page 1 ADJOURNMENT FRIEND moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Austerman. The meeting adjourned at 9:27 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes August 25, 2011 Page 2 PV N c ti 0 ALASKA A RR "F -- _ `QP � AEROSPACE O p _ care 1 . q h Presentation To: Kodiak Island Borough Assembly -f_ September 15, 2011 J.0 NC 0. A C ALASKA Alaska Aerospace Corporation - Overview o C ' AEROSPACE • • Alaska Aerospace Corporation (AAC) was created in 1991 as a public corporation of the state r j' {G �W o• • AAC is a body corporate and politic located for ,• Aa . N85 a WS administrative purposes within the Department of f r ¢ E 130 . ♦ \ N75 — �K O. W )°• Military and Veterans' Affairs and affiliated with the f V University of Alaska but with a separate and . , '� t • :51r.4, { �. ° • f ,� �[ s6 ,�, .t • t+ " vi ''c ar' independent legal existence > /K7 \�' �'" " ; t N65, � c ` M a .d • Et70• �4 M fr / - i t r a wtt0• � • AAC operates as an independent corporation `ice a ;,mo,, n }, TA �\ • ' 1 4 i • under an 11 person board of directors, nine r u y NS�at`� `$ members appointed by the Governor, and two 4 \ 71,6 1,j 't' - `r vj y� ex officio legislative members G, • AAC 's mission is to develop aerospace related \\\ o * CvJ 4 ..,:r1 µ i ti, k z F?� FN 5 k '4 t4 / ' economic growth within the State of Alaska � t W. R6t,yx PtAr t. x ` vt'S'R ' 4% N35 ,2t �2r Y d t V • • The state provided the funding to perform launch � -!a� , 0' ,,< site selection and initial construction of the Kodiak Launch Complex (KLC), as well as, recent capital KLC — Launch Azimuths and Inclinations improvements and sustaining support Note Launch Azimuths between 110° and 124° will overfly California • Kodiak Island was selected because of its access landmass or off shore waterways. to the southern sky and its low risk to public safety • AAC employs approximately 50 personnel • AAC has facilities in Kodiak, Anchorage, and Cordova supporting launch activities at the KLC JpNCy C ALASKA 4 Kodiak Launch Complex - Mission Support History"( AEROSPACE Additional Details YEAR MONTH SPONSOR MISSION • AAC has demonstrated that KLC can support r 1998 NOV U SAF I AIT-1 I vehicle processing and launch operations year 1999 SEP USAF AIT -2 J round. 2001 MAR i; USAF QRLV -1 • KLC was originally run as a basic launch facility —__ requiring the customer to bring most of their own SEP NASA /USAF Kodiak Star equipment. NOV USASMDC I ' i STARS WCRRF Over time, AAC has taken ownership of most 2002 APR USAF QRLV -2 aspects of range operations to include : I - _ o Ground safety 2004 J DEC 1 MDA It IFT 13C I o Communications (Including Classified) 1 11 2005 FEB MDA IFT -14 o Meteorology 2006 I FEB P MDA IF FT04 -1 o Instrumentation i L - - __ 1 o Launch Operations SEP MDA FTG -02 o Governmental Coordination 2007 — - -__ MAY I I FTG -03 --` I MDA '- - - • One USAF Minotaur IV launch scheduled for 2nd SEP MDA FTG -03a Qtr CY2011 delivering a tactical satellite into 2008 jl JUL j' MDA P FTX -03 orbit. DEC MDA FTG -05 Denotes Winter Launches (-47% of total) i Note 2010 NOV I USAF STP S26 KLC served as a satellite ground station in support of the NFIRE -2B mission executed at Vandenberg Air Force Base. ✓ tTh0 A , CO ALASKA New Launch Opportunities 0�i 1t AEROSPACE • Lockheed Martin /ATK announced future launches of their Athena rocket from Kodiak, with the first launch scheduled for September 2013. Plans are for at least one every year. • Over 50 potential launches for KLC in next seven years. • AAC discussing with Orbital Sciences as primary customer for medium -lift operations at KLC. — AAC meets with Orbital numerous times — AAC leadership meets with Orbital leadership on March 2, 2011 — Governor Parnell invites Mr. Dave Thompson, Orbital President and CEO, to Alaska — AAC leadership meets again with Orbital leadership on June 15, 2011 — Mr. Thompson accepts Governor's invitation — AAC leadership visits Orbital operations, Wallops Flight Facilities, VA — AAC contacts BRPH Engineering to develop Medium -Lift Launch Pad 3 engineering plans, Orbital specific — AAC initiates draft Environmental Assessment (EA) — AAC initiates funding discussions with Alaska Industrial Development and Export Authority (AIDEA) — AAC meets with ADOT &PF to develop capital projects transportation plan for KLC — AAC developing capital improvements budget request for state 2013 capital budget • AAC awarded Spaceports 3 contract by Air Force Space and Missile Systems Command (SMC). • SMC verifies requirement that proposals for MRD 3 -3 and MRD -4 future missions must include a Kodiak launch option. • AAC contacted by IHI Corporation (Japan) concerning potential launches from KLC. In current discussions. DD r*r r , z Isi I I. f, 1 1. - 00 D� t�' ri �� + I II � nD • o r j � 11rc, , , ' s; i ;fly il rn J l r r 1 1 I r O ? \\ ' '►;n,!�i1' I (, ' ' p',' , z � ( ' t r+ yo 1' ` ,I I ` , , S SA D , F 1i, i R , , , I� i} !� y 0 " �� , \NA Ir r,r I t ,rr l.. i v I Lt r � ; n� p�, �t�),�� 1 6', � CD r e l 4 , lilt tli cro Ir r � to l�' k Jfr , i ' a_ R . � 1/ W i cril II r M,‘ I; , „��� i , ►. f r M !I ?dl` �. m I n.- g ID • 1 1 i CI) !o j p ,r , I ( ;.Er� r It i h,,,,, i I � I r , I � , , t , .00;� Ill ' .Ii + SP DD i - , I , r O Vi • D n ' ova ioDJSD n� �i m y n1��, • 4 f r Tr J �,� aF r 1 ° .v (D . p 'I , ° t' , ,,, r li t , : :14 1 t ! f 111. ,' S , f , 1 � . �. , k w� � Ili' V� ! 1 �s 11j � �( t I:.- a 1 g #... ppprrr��� V ik r F ( 1 )(4 1 4' � , F (� 1.1\ el „iv h .,, ' ' {r K F)( 1 it If: .::,,, i_ri : 1 I : 4, ,, P i ,,, . , s ‘:. , . i e, CD N '.DI ( k 1 k 11 r � { {, • i . �di _ �' �� 4 .�1� 1 � ( a od F �!� lS� - I if _sr � i ,t1 II` 11I' 4YYY�- 1�t A II.,i 1 ► 7. S ilitJ?. p UNCN C A ALASKA Composite Revenue History o AEROSPACE Y 1 • Federal Grants = $144,811,000 (46 %) • Launch Revenues = $134,348,000 (44 %) • State Investment = $30,629,000 ( >10 %) • Total = $309,788,000 • Figures reflect all revenues from 1993 to 2011 B UNCH C ALASKA Al Operational Funding Pursuits I AEROSPACE • Governor Parnell Includes $4.0 Million in 2012 budget. • AAC submits budget requests for $9.5 Million in federal support for FY 2012 through congressional delegation. • AAC develops Federal /State Cost - Sharing Partnership Point Paper and presents to senior Air Force leadership with an expectation of potential federal funding no earlier than FY2013. • AAC working with NASA on potential partnership, to include cost - sharing. • AAC requesting $8.0 Million for SY2013 operating budget. ALASKA /III JuNCN /Oo AEROSPACE 2011 Public Outreach o r p/ Y � • `4ar..: ..r: • Feb 16, 2011— Held Legislative Reception in Juneau in conjunction with Board of Directors Meeting. • March 2011— Updated public web site to increase transparency by adding: — 2011 -2016 Strategic Plan, — 2009 and 2010 Annual Reports, — 2011 Economic Benefits Report, and — Other information of public interest • March 15/16, 2011— Kodiak Rotary Club Presentations. • Apr 17, 2011— Hosted "Chamber After Hours" in Kodiak. • Jun 9, 2011— Hosted 120+ Space Professionals and Business Leaders in Day Tour of KLC. Representative Alan Austerman attends and addresses audience. • August 25, 2011— Alaska Aerospace Board Meeting held in Kodiak • August /September 2011— Public Tours offered of KLC UNfp ALASKA A Conclusion � AEROSPACE tip ' • AAC is a state -owned corporation. • When the Missile Defense Agency left KLC, federal operations and sustainment funding was terminated. • AAC is aggressively pursuing federal funding support of operations and sustainment requirements for KLC. • State of Alaska has been supportive of providing state funding to off -set some of the lost federal funding and to establish a long- term, cost - sharing partnership with the federal government. • New customer opportunities abound. • AAC has a revitalized public outreach program, with renewed focus on our neighbors in Kodiak. UNCN C ALASKA A AEROSPACE Thank you for your time Questions? Introduced by: Borough Manager Requested by: P &Z Commission Drafted by: CDD Director Introduced: 09/01/2011 2 Public Hearing: 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2012 -06 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 9 REZONING A PORTION OF U.S. SURVEY 2735 (OLD RENDEZVOUS SITE) FROM 10 RR1 RURAL RESIDENTIAL ONE ZONE TO RR2- RURAL RESIDENTIAL TWO ZONE 11 12 WHEREAS, this portion of U.S. Survey 2735 (The Old Rendezvous site) is a 1.14 acre 13 lot of record; and 14 15 WHEREAS, this parcel is a former business zoned lot that was rezoned for residential 16 purposes when the Rendezvous ceased operating; and 17 18 WHEREAS, the owner /petitioner is seeking to join this lot together with a 1.42 acre 19 unsubdivided portion of land to make a larger lot that will be 2.56 acres in size and extend 20 to the Chiniak Highway; and 21 22 WHEREAS, the 2008 Kodiak Island Borough Comprehensive Plan Update has identified 23 this area of Middle Bay for C- Conservation -5 acre minimum parcels; and 24 25 WHEREAS, the Planning and Zoning Commission held a properly noticed public hearing 26 on this request and is recommending that the Assembly approve the rezoning of this 27 parcel from RR1 —Rural Residential One Acres to RR2 —Rural Residential Two acres; and 28 29 WHEREAS, the Commission acknowledged that even though the joining of the two 30 adjacent properties creates a lot that falls short of the 5 acres requirement of parcels in the 31 C- Conservation zoning district, the residential density and the neighborhood character of 32 the area will not be increased. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 35 BOROUGH THAT: 36 37 Section 1: This ordinance is not of a general and permanent nature and shall not 38 become a part of the Kodiak Island Borough Code of Ordinances; 39 40 Section 2: A portion of U.S. Survey 2735 is rezoned from RR1 —Rural Residential One 41 Acres to RR2 —Rural Residential Two Acre. 42 43 44 Kodiak Island Borough Ordinance No. FY2012 - 06 Page 1 of 2 45 Section 3: The findings of the Kodiak Island Borough Planning and Zoning 46 Commission are hereby s limed .s follows: 47 } 48 . i.020 7 Fin .'rigs a to the Need and Justification for a Change or 49 Amendment. 50 The rezones are needed to consolidate the zoning of two parcels that are proposed 51 to be consolidated by an approved preliminary plat. With the borough's GIS based 52 zoning system it is difficult to map multiple zones on a single lot where there are no 53 property boundaries to associate with the zoning boundaries. It is also bad policy 54 to allow individual lots with multiple zoning districts. The acquisition of C- 55 Conservation zoned land between the Chiniak Highway combined with a Portion of 56 U.S. Survey 2735 (the Old Rendezvous site) moves the resulting site towards 57 conformity with the character of the surrounding area. The resulting parcel will 58 more than double in size to 2.56 acres with minimal change to the zoning and the 59 lot will then have frontage on the Chiniak Highway. 60 61 17.72.020 B. Findings as to the Effect a Change or Amendment would have 62 on the Objectives of the Comprehensive Plan. 63 The proposed replat in Case S11 -003 serves as the catalyst for these rezones 64 which will move the two parcels towards conformity with the overall character of the 65 surrounding area. The application of RR2 -Rural Residential Two zoning would not 66 allow future subdivision of the resulting lot and the list of permitted uses in the RR1 67 and RR2 zones are very similar. The petitioner has little chance of acquiring 68 additional acreage to create a five (5) acre site that would conform to the C- 69 Conservation zoning district. The RR2 zone therefore provides the best balance 70 between the character of the surrounding area and conformity with the 71 comprehensive plan designation for Conservation use. 72 73 74 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 75 THIS DAY OF 2011 76 77 78 KODIAK ISLAND BOROUGH 79 80 81 82 Jerome M. Selby, Borough Mayor 83 ATTEST: 84 85 86 87 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2012 -06 Page 2 of 2 KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 15, 2011 REGULAR MEETING ITEM NO: 9.A TITLE: Ordinance No. FY2012 -06 Rezoning a Portion of U.S. Survey 2735 From RR1 —Rural Residential 1 (One Acre) To RR2 —Rural Residential 2 (Two Acres) (Jay Johnston). SUMMARY: The Planning and Zoning Commission at its July 20, 2011 meeting held an advertised public meeting on Case 11 -027, and is recommending the rezoning of this parcel from RR1- Rural Residential 1 (one acre) to RR2 — Rural Residential 2 (two acres). This 1.14 acre tract of land will be combined with another parcel (owned by Leisnoi, Inc. currently before the Assembly) to create one larger lot that will be 2.56 acres in size and extending out to the Chiniak Highway. Action on this item will rezone this parcel and the Leisnoi parcel to create a single lot with one zoning designation. At one point, this parcel was known as the "Old Rendezvous Site." It was zoned B- Business and was one acre in size when it operated as a Bar /Restaurant: It was subsequently rezoned to RR1 when converted to a residential use by the Johnston family. Though it will not meet the required five acres minimum for residential lots in Middle Bay as identified in the Comprehensive Plan, the Commission's decision recognized that enlarging it would make it closer in size to the five acre requirement and there would be no change in the existing density nor the character of the surrounding area. FISCAL NOTES: N/A Account No.: Amount Budgeted: Expenditure Required: rie APPROVAL FOR AGENDAL isa �/ /J css2 RECOMMENDED MOTION: Move to adopt Ordinance No. FY2012 -06. .c Kodiak Island Borough Office of the Borough Clerk : 'j f , 710 Mill Bay Road ' ° ,t ` Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 njavier@kodiakak.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, September 15, 2011, at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on: Ordinance No. FY2012 -06 Rezoning a Portion of U.S. Survey 2735 From RR1 —Rural Residential 1 (One Acre) To RR2 —Rural Residential 2 (Two Acres) (Jay Johnston). If you do not wish to testify verbally, you may provide your comments in the attached public hearing form and fax it to (907) 486 -9391, Email to njavierkodiakak.us or hand deliver to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on September 15, 2011. Comments favoring and opposing are encouraged. If you have any questions, please call 486 -9310. Attachments: • Public hearing form • Map • Ordinance No. FY2012 -06 Ordinance gib, FY2012 -06 Rezoning a Portion CO fly, From RR1- Rural Residential 9 (One Acre) a RR2 -Rural Residential Q (Two Acres) apj Johnston). 0 0 Middle Bay t � i I I o .Y em, aD dile 6= Subject Q Properties 1 , Kodiak Island Borough GIS System N �4. ,, W +% E 10 1/2 I 0 1.200 2,400 4,800 7,200 9,60 e)t S This map was prepared hen the KodlaK Island BomuGes GIS System. It is prgvidai for the purpose or showing the geneal locaam or a property within the Kodiak Island 9orougr. This map does not represent a suvey. Mom lnformalon ahouttrw mooning oats can to o0bined by contacung the Kodiak Island Borough IT Departrn ert at (907)4136-9313. PUBLIC HEARING FORM Ordinance No. FY2012 -06 Rezoning a Portion of U.S. Survey 2735 From RR1 —Rural Residential 1 (One Acre) To RR2 —Rural Residential 2 (Two Acres) (Jay Johnston). ❑ This is in support of the rezone. ❑ This is in opposition of the rezone. ❑ Other comments. Name: Residence Address: Mailing Address: Comments: Written comments may be submitted by email to niavierkodiakak.us, fax to 907 - 486 -9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, September 15, 2011. would conform to the C- Conservation zoning district. The RR2 zone therefore provides the best balance between the character of the surrounding area and conformity with the comprehensive plan designation for Conservation use. ROLL CALL VOTE ON MOTION CARRIED 5 -1. The ayes were Alan Torres, Brent watkins, Bill Kersch, Alan Schmitt, and Rick Vahl. The noe was Casey Janz. B) Case 11 -028. Request Reconsideration of the vote for Case 11 -028 requesting 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 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. (Requested Commissioner Watkins and Commissioner Schmitt). COMMISSIONER SCHMITT MOVED to reconsider the vote on the main motion made in Case 11 -028 made at the June 15, 2011 regular meeting. I voted against this motion. CHAIR TORRES read the original motion into the record. Discussion ROLL CALL VOTE ON MOTION CARRIED 5 -1. The ayes were Alan Torres, Brent Watkins, Bill Kersch, Alan Schmitt, and Rick Vahl. The noe was Casey Janz. When asked if anyone wished to change their vote, Bill Kersch changed his vote from noe to aye. 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, 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 Reconsideration Memorandum dated May 25, 2011 as FINDINGS OF FACT for this case. Brief discussion. In response to CHAIR TORRES' inquiry about the rezone can't be finalized until the plat is recorded, Dvorak stated that's correct, the Old Rendezvous is only 1 acre and for the same reasons we don't recommend allowing a Conservation lot less than 5 acres to be created, we can't allow a 1 acre lot to be RR2 for the same sort of rationale. We recognize the way these cases are linked and the only reason we're addressing this is the proposal to join them together. They are coming from 2 different zoning districts and the approval of the preliminary plat did not specify a particular zone, it just said it had to be 1 zone. They will have 24 months to meet the conditions of approval or it becomes null and void. It would be possible with commission discretion to grant extensions of preliminary plat approval when unexpected circumstances like lawsuits or other reviews outside the developer's control by State or Federal agencies and those kinds of things are required and for whatever reason they don't come to fruition in the 24 month timeframe. In most cases, an extension of preliminary plat approval is a formality unless something significant has changed in the area or perhaps the code has changed. In response to COMMISSIONER SCHMITT'S inquiry of when the applicants present the final plat, Leisnoi will have to sign off on the plat or it will not go through, right, Dvorak said yes, Leisnoi and Johnston both will have to sign. 7/20/2011 P &Z Minutes Page 16 of 18 OLD BUSINESS COMMISSIONER BALDWIN requested to be recused from the two Old Business items due to a conflict of interest. A) Case 11 -027. Request Reconsideration of the vote for Case 11 -027 requesting a rezone, X 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. (Requested Commissioner Watkins and Commissioner Schmitt). Dvorak reported the 2 cases have 1 staff report. The commission held 2 public hearings on these last month and both cases were failed; votes were changed with the intent to give notice of reconsideration. A notice of reconsideration was filed the following day therefore; these cases come back for reconsideration. Staff provided you with a memorandum to step the commission through the process. COMMISSIONER SCHMITT MOVED to reconsider the vote on the main motion made in Case 11 -027 made at the June 15, 2011 regular meeting. 1 voted against this motion. CHAIR TORRES read the original motion into the record. ROLL CALL VOTE ON MOTION CARRIED 4 -2. The ayes were Alan Torres, Brent Watkins, Alan Schmitt, and Rick Valli. The noes were Casey Janz and Bill Kersch. Dvorak stated he researched their questions from last week and found that regarding the status of sub - surface rights, he has a copy of the certificate to plat that was submitted with the preliminary plat. The related case that kind of preceded the rezoning or instigated the rezoning need and it states clearly that in the ANCSA conveyance of the Leisnoi parcel that they did not receive the sub- surface rights. With regards to ANCSA tax recapture Dvorak consulted with the Borough Assessing Department which gave him a 9 page Native Claims Settlement Act guidelines and there's a section in the back that talks about tax recapture upon subdivision plat recordation that basically allows the borough to go back 30 months from the time of recording at current property market values get what is referred to as tax recapture from these properties. On the final plat there's a certification block executed by the Borough Clerk's Office certifying that the taxes have been paid. In the case of tax recapture, the Assessing Department produces a special tax bill establishing a market value of the property and providing a year by year recapture analysis that is given to the native corporation property owner before they file their plat to ensure they really want to go through the process. The plat will not be recorded until or unless the tax recapture is paid. COMMISSIONER SCHMITT 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 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 Reconsideration Memorandum dated May 25, 2011 as FINDINGS OF FACT for this case. In response to CHAIR TORRES'S inquiry of what lot and how big was it that was sold previously, Dvorak stated it was 9.5 acre and it's from the same general area. Discussion regarding the RR2 zone versus Conservation zone and the Comp Plan, and moving toward conformity. In response to CHAIR TORRES' inquiry of is the next case not being requested to rezone to Conservation because you can't sell that small of a Conservation lot, Dvorak stated if you look at the map on page 5 of 6 there's an illustration of 2 little red parcels. The one in front between the Old Rendezvous site and the Right -Of -Way isn't a parcel, it just looks like it because he put red lines around it. Almost all other lots own the frontage up to the road Right -Of -Way except there is a gap here because there isn't a parcel there. There is no way to get 5 acres out of this parcel and Leisnoi isn't able to sell a part of the Right -Of -Way that's already been granted to the State. It's a landlocked parcel in a sense. Variances are reserved for when there is absolutely no other alternative, and in this case staff feels there is another alternative and moves as far as the Comp Plan as possible. It is moving more toward conformity with RR2 zoning and has moved as far as possible. EFFECTIVE CLAUSE The rezones approved for Case 11 -027 and 11 -028 shall not become effective until the filing of a final plat as approved with conditions in Subdivision Case S11 -003. FINDINGS OF FACT A. Findings as to need and iustification for a change or amendments. The rezones are needed to consolidate the zoning of two parcels that are proposed to be consolidated by an approved preliminary plat. With the borough's GIS based zoning system it is difficult to map multiple zones on a single lot where there are no property boundaries to associate with the zoning boundaries. It is also bad policy to allow individual lots with multiple zoning districts. The acquisition of C- Conservation zoned land between the Chiniak Highway combined with a Portion of U.S. Survey 2735 (the Old Rendezvous site) moves the resulting site towards conformity with the character of the surrounding area. The resulting parcel will more than double in size to 2.56 acres with minimal change to the zoning and the lot will then have frontage on the Chiniak Highway. B. Findings as to the effect a change or amendment would have on the obiectives of the comprehensive plan. The proposed replat in Case 511 -003 serves as the catalyst for these rezones which will move the two parcels towards conformity with the overall character of the surrounding area. The application of RR2 -Rural Residential Two zoning would not allow future subdivision of the resulting lot and the list of permitted uses in the RR1 and RR2 zones are very similar. The petitioner has little chance of acquiring additional acreage to create a five (5) acre site that would conform to the C- Conservation zoning district. The RR2 zone therefore provides the best balance between the character of the surrounding area and conformity with the comprehensive plan designation for Conservation use. ROLL CALL VOTE ON MOTION CARRIED 5 -1. The ayes were Alan Torres, Brent watkins, Bill Kersch, Alan Schmitt, and Rick Valli. The noe was Casey Janz. B) -. • 11 -028. Request Reconsideration of the vote for Case 11 -028 requesting a • -: e, according to :C 17.205.030 (C) (Manner of Initiation), to investigate t • • one of an unsubdivided portio : Section 28, Township 29 South and ' - • 20 West, Seward Meridian, from C- Conservation s. : ' 2 -Rural Residential T .:, or a parcel of land 1.42 acres in area. This parcel if rezoned will be . •• . ined an adjacent lot to create a 2.56 acre RR2 - Rural Residential Two zon • . i . = . ested Commissioner Watkins and Commissioner Schmitt). COMMISSIONER SC. ' . MOVED to reconsider the vote on the main motio • e in Case 11 -028 made at to- o e 15, 2011 regular meeting. I voted against this motion. Old Business Item 8 A &B P &Z July 20, 2011 RECONSIDERATION M E M O R A N D U M Date: July 6, 2011 To: Planning and Zoning Commission From: Community Development Department Subject: Information for the July 20, 2011 Regular Meeting Cases: 11 -027 & 11 -028 Applicant: Jay Johnston, Case 11 -027 Leisnoi, Inc., Case 11 -028 Agent: Carol Pagano, Sec./Treas. — Leisnoi, Inc. Request: (Case 11 -027) A Reconsideration of a failed motion to 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 to 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; and, (Case 11 -028) A reconsideration of a failed motion to 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. Location: 22077 Chiniak Hwy, Middle Bay (Case 11 -027); A Portion of Section 28, T29S R2OW, SM (Case 11 -028) Legal Description: A portion of U.S. Survey 2735 (Case 11 -027); A Portion of Section 28, T29S R2OW, Seward Meridian (Case 11 -028) Zoning: RR1 -Rural Residential One (Case 11 -027); C- Conservation Zoning District (Case 11 -028). COMMENTS Background At the June 15, 2011 regular meeting, the Commission failed two motions to recommend to the Borough Assembly that the two parcels in question be rezoned to RR2- Rural Residential Two Zoning District. These motions initially failed with 3 commissioners voting in favor of the rezones and 1 Commissioner voting against the rezones. The Commission's adopted by -laws (Article VI — Quorum and Voting Cases 11 -027 & 11 -028 Page 1 of 12 Old Business Item 8 A &B P &Z July 20, 2011 Requirements) states that "the affirmative votes of the majority (four) of the authorized members of the Commission are required to carry a question. When asked by the department secretary if there is a change of vote, two commissioners who were at first in favor of the rezone changed their "yes" vote to "no" in order to be on the prevailing side of the vote. The result of the change of vote did not change the outcome of the vote, but the commissioners who changed their vote made it clear during deliberations on the motion that their intent was to end up on the prevailing side in order to be able to have the motion reconsidered at a future meeting. After the final vote staff was asked the about the process to "reconsider" this vote. The direction to commissioners was to have a member who voted on the prevailing side to fill out the "reconsideration affidavit" found at the Borough Clerks Office by 5:00 P.M. the next day (June 16, 2011). Subsequently, the affidavit was signed by two commissioners and attested by the clerk's office. Copies of these affidavits are included in this packet. Note: Because your adopted by -laws do not provide any specific direction on how to proceed with a request to reconsider a commission vote, Article IX Procedure (B) of your by -laws states: In all matters of procedure not covered by rules adopted by the Commission, Roberts Rules of Order; Newly Revised (10` Edition) by Henry M. Robert, shall be applicable and shall govern (KIBC 2.100.150) These formal rules are provided for you in the appendix of this staff report. Reconsideration Motion The reconsideration process must be taken in two parts. The first order of business is to bring the main motion (that was defeated) back on the table for reconsideration, discussion and another vote. If that motion passes, the commission moves on to the second order of business and that is to vote on the main motion just as if the vote on June 15th did not occur. If the reconsideration motion does not pass the action taken at the June 15 P &Z meeting is upheld and confirmed. The commission will not need to take additional public testimony. That portion of the meeting has already occurred. In fact, the chairman closed the public hearing section of the meeting. That being said, there are no restrictions on the commission and each member has a right to debate the issue again regardless of the arguments made at June's meeting. For those Commissioners who were not in attendance for the June 15 work session, it is recommended that a review of that meeting (by listening to the recording of that meeting) to get an understanding of the issues posed by the public as well as knowledge about why your fellow commissioners voted the way that they did. That way, all commissioners are on even footing to address this case knowledgably if the case is brought back to the table for further deliberations Cases 11 -027 & 11 -028 Page 2 of 12 Old Business Item 8 A &B P &Z July 20, 2011 RECOMMENDED MOTIONS Motion #1 Reconsideration Motion — Case 11 -027 Jav Johnston A commissioner who signed the reconsideration affidavit makes the following motion: Move to reconsider the vote on the main motion made in Case 11 -027 made at the June 15, 2011 regular meeting. I voted against this motion. The Chair then states: A motion to reconsider the vote on the June 15 2011 vote on case 11 -027 has been moved and seconded. That motion reads: A motion to recommend a rezone from RR1 -Rural Residential One to RR2 -Rural Residential Two for a 1.14 acre parcel located near the Chiniak Highway in Middle Bay 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 Reconsideration Memorandum dated May 25, 2011 as FINDINGS OF FACT for this case. This motion can be debated and discussed before being voted upon. Motion #2 Vote on the Main Motion If the previous motion is approved the Chair states: Now that we have approved the reconsideration of this case, I will entertain a motion on the main question. APPROPRIATE MOTION Move 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 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 Reconsideration Memorandum dated May 25, 2011 as FINDINGS OF FACT for this case. This motion can be debated and discussed before being voted upon. Cases 11 -027 & 11 -028 Page 3 of 12 Old Business Item 8 A &B P &Z July 20, 2011 Motion #3 Reconsideration Motion — Case 11 -028 Leisnoi Native Corns A commissioner who signed the reconsideration affidavit makes the following motion: Move to reconsider the vote on the main motion made in Case 11 -028 made at the June 15, 2011 regular meeting. I voted against this motion. The Chair then states: A motion to reconsider the vote on case 11 -028 has been moved and seconded. That motion reads: Move to recommend a rezone from C- Conservation to RR2 -Rural Residential Two for a portion of Section 28, T29S, R20W, Seward Meridian, a 1.42 acre parcel generally located between the Chiniak Highway and a Portion of U.S. Survey 2735, 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 Reconsideration Memorandum dated May 25, 2011 as FINDINGS OF FACT for this case. This motion can be debated and discussed before being voted upon. Motion #4 Vote on the Main Motion If approved the Chair now states: Now that we have approved the reconsideration of this vote, I will entertain a motion on the main question: Appropriate Motion: Move to recommend a rezone from C- Conservation to RR2 -Rural Residential Two for a portion of Section 28, T29S, R20W, Seward Meridian, a 1.42 acre parcel generally located between the Chiniak Highway and a Portion of U.S. Survey 2735, 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 Cases 11 -027 & 11 -028 Page 4 of 12 Old Business Item 8 A &B P &Z July 20, 2011 Reconsideration Memorandum dated May 25, 2011 as FINDINGS OF FACT for this case. FINDINGS OF FACT Note: For your information, these findings are the identical ones found in the May 25, 2011 staff report Findings of Fact for Cases 11 -027 and 11 -028: A. Findings as to need and justification for a change or amendments. The rezones are needed to consolidate the zoning of two parcels that are proposed to be consolidated by an approved preliminary plat. With the borough's GIS based zoning system it is difficult to map multiple zones on a single lot where there are no property boundaries to associate with the zoning boundaries. It is also bad policy to allow individual lots with multiple zoning districts. The acquisition of C- Conservation zoned land between the Chiniak Highway combined with a Portion of U.S. Survey 2735 (the Old Rendezvous site) moves the resulting site towards conformity with the character of the surrounding area. The resulting parcel will more than double in size to 2.56 acres with minimal change to the zoning and the lot will then have frontage on the Chiniak Highway. B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan. The proposed replat in Case S11 -003 serves as the catalyst for these rezones which will move the two parcels towards conformity with the overall character of the surrounding area. The application of RR2 -Rural Residential Two zoning would not allow future subdivision of the resulting lot and the list of permitted uses in the RR1 and RR2 zones are very similar. The petitioner has little chance of acquiring additional acreage to create a five (5) acre site that would conform to the C- Conservation zoning district. The RR2 zone therefore provides the best balance between the character of the surrounding area and conformity with the comprehensive plan designation for Conservation use. Conclusion Should the commission approve the reconsideration, as stated in the motions, this action is a recommendation to the Borough Assembly to take under advisement as they deliberate the issues. Prior to this case e being taken up by the Assembly, public hearing notices will again be sent to adjacent property owners and another public hearing will occur at the future Assembly meeting. Cases 11 -027 & 11 -028 Page 5 of 12 Old Business Item 8 A &B P &Z July 20, 2011 Should the motion to reconsider, or the motion to approve the rezoning of these parcels fail and be denied, the Assembly can still "take up" the commission's action upon a request by the applicant within ten (10) days of the Commission's final action. Lastly, though staff has provided findings of fact for the instance that the rezone request is approved, should it be denied, it will be necessary for the commission to adopt findings of fact in the support of the denial. Cases 11 -027 & 11 -028 Page 6 of 12 Old Business Item 8 A &B tv P &Z July 20, 2011 RECONSIDERATION AFFIDAVIT I 13 rem 4 L. Wa-licsins , Planning and Zoning Commissioner, having voted on the prevailing side, file my intent to reconsider the vote taken at the Planning and Zoning Commission _k Q`5 Regular Meeting of June 15, 2011 on Case No. 11 -027 a rezone from RR1 -Rural Residential One t RR2 -Rural Residential Two for a Portion of U.S. Survey 2)35,! r-f p aC arcel located near the Chiniak Highway in Middle Bay 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 cas- The applicant is Jay Johnston (11 -027). / / •/ Signature SUBSCRIBED AND SWORN to before me this 16 of June, 2011. , 1KI III r j . A. I F Public In and For Alask J UF i i ` \\ `` ���� M �/ ommission Expires: I, (.4-1.- 677 , Planning and Zoning Commissioner, having voted on the -L prevailing side, file my intent to reconsider the vote taken at the _,Planning and Zoning Commissio r04 AV Regular Meeting of June 15, 2011 on Case No. 11- 027 /G' 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 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. The applicant is Jay Johnston (11 -027). Signature SUBSCRIBED AND SWORN to this 16 of June, 2011. KI O1.4f PO AR A • . ' 4 / 111 t ` \` My •mmissionExpir For Alaska & __,, • (ttl. FILED with the Kodiak Island Borough Clerk's office this 16 day of June 2011. ON (._ ! ims r a Pr l(S r Cite. io al Javier, MMC f _ r Boo ' h Clerk • C Cases 11 -027 & 11 -028 Page 7 of 12 Old Business Item 8 A &B P &Z July 20, 2011 (� q RECONSIDERATION AFFIDAVIT 1, QQceA - a L c9a -d,� 5 , Planning and Zoning Commissioner, having voted on the prevailing side, file my intent to reconsider the vote taken J at the Planning and Zoning Commission o vj P - Regular Meeting of June 15, 2011 on Case No. 11 -028)j r �ortP om 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 511 -003, and to adopt the findings in the staff report dated May 25 2011 as FINDINGS OF FACT for this case. The applicant is Leisnoi (11 -028). Signature SUBSCRIBED AND 5 tt{before me this 16 of June, 2011. 0 ► N - '•. I Pulic In and / /' ; / AipS M ommbssion Expires W met, 1 , A L&r L. 5 c. P-. , Planning and Zoning Commissioner, having voted on the 5 prevailing side, file my intent to reconsider the vote taken the �Planning and Zoning Commission l A"" Regular Meeting of June 15, 2011 on Case No. 11- 028fia'r�2'o"('e 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. The applicant is Leisnoi (11 -028), Signature SUBSCRIBED AND SWORN kcNt ff ty this 16 of June, 2011. 3 KILB0 i,,� AU � t1� II �/ /Th jt �``\ My s t �ommb n Expires: (,L ,id UM eV FILED with the Kodiak Island Borough Clerk's office this 16 day of June 2011. r 1` (viC R 3i&*u W&L No . Javier, M C Bo •ugh Clerk Cases 11 -027 & 11 -028 Page 8 of Old Business Item 8 A &B P &Z July 20, 2011 *� * ;y Kodiak Island f;` ®rough ., • /% Community Development Department =? r l y4 "� 710 Mill Bay Road l Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us June 16, 2011 Mr. Jay Johnston PO Box 2503 Kodiak, AK 99615 Re: Case 11 - 027. Request a rezone, in accordance with KIBC 17.205.030.0 (Manner of Initiation), ), to investigate the rezone of a portion of U.S. Survey 2735 (Old Rendezvous site) from RR1- Rural Residential One to 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. Dear Mr. Johnston: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on June 15, 2011 denied your rezone request cited above, but 2 commissioners have signed a Reconsideration Affidavit so your case will be on the July agenda under Old Business. The commission will vote to see if they will re -take the vote on your case motion or if they decide to open it up for further deliberations or public hearing. If a new public hearing is decided upon the case will be postponed to the August Planning and Zoning agenda and be re- advertised. If the case is only deliberated anew the commission could arrive at a different outcome from this last meeting on June 15` If the request is approved the case will be automatically forwarded to the Borough Assembly for further review. If the case is denied you will have 10 calendar days in order to ask the Assembly to take up the commission's action as explained below. According to KIBC 17.205.055.B: If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. For clarification, that 10 calendar day period begins once the commission has approved their Findings of Fact on the case. Should you choose to elevate the Commission's decision to the Borough Assembly after the reconsideration is decided, a $350.00 fee is required along with your written statement. Page 1 of 2 Cases 11 -027 & 11 -028 Page 9 of 12 Old Business Item 8 A &B P &Z July 20, 2011 Should you have any questions about the procedure, please call the Community Development Department at 486 -9363. Sincerely, Sz of io Bud Cassidy • Director CC: Rick Gifford, Manager Nova Javier, Borough Clerk Cases 11 -027 & 11 -028 Page 10 of 12 Old Business Item 8 A &B P &Z July 20, 2011 odiak Island ®rough Community Development Department �7= 710 Mill Bay Road , , . , .'� if Inc.., ` r `• ! Kodiak, Alaska 99615 at° Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us June 16, 2011 Carol Pagano 711 H Street Anchorage, AK 99503 Re: Case 11 - 028. Request 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. Dear Ms. Pagano: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on June 15, 2011 denied your rezone request cited above, but 2 commissioners have signed a Reconsideration Affidavit so your case will be on the July agenda under Old Business. The commission will vote to see if they will re -take the vote on your case motion or if they decide to open it up for further deliberations or public hearing. If a new public hearing is decided upon the case will be postponed to the August Planning and Zoning agenda and be re- advertised. If the case is only deliberated anew the commission could arrive at a different outcome from this last meeting on June 15` If the request is approved the case will be automatically forwarded to the Borough Assembly for further review. If the case is denied you will have 10 calendar days in order to ask the Assembly to take up the commission's action as explained below. According to KIBC 17.205.05513: If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. For clarification, that 10 calendar day period begins once the commission has approved their Findings of Fact on the case. Page 1 of 2 Cases 11 -027 & 11 -028 Page 11 of 12 Old Business Item 8 A &B P &Z July 20, 2011 Should you choose to elevate the Commission's decision to the Borough Assembly after the reconsideration is decided, a $350.00 fee is required along with your written statement. Should you have any questions about the procedure, please call the Community Development Department at 486 -9363. Sincerely, An/ -- eio-o/ Bud Cassidy Director CC: Rick Gifford, Manager Nova Javier, Borough Clerk Cases 11 -027 & 11 -028 Page 12 of 12 Public Hearing hems 7 -E & 7 -F Request: 'F (K) rezones, according ft KIBC W205.030 (�,c Image Overlay CQ Initiation), Q0 investigate (( lnp rezone del portion pf3Y3C D D ill 027 b 028 o o Rendezvous I O from o Rural Applicant: c Johnston (0217) Residential m RR'2 -Rural Residential Two; �i oiR� Applicant: Leisnoi, (028) Investigate MEG rezone CQ� portion co Section Township South dual Range Seward Meridian, from C- C ►onservation QO RR -2 -Rural Residential Two CO , }. J +8t, 6 , a, x 4- !I.:* y�e i 1$ s 4 . - x p :{ ci. S " I -,'i U , - , 3 w'� '' , _ d w 4. ., N e. 6. iv "� 4,444 4 Imo? r ,y � i y. I � � � I � h` - g #- � } t. v "" k c•,' 7f. e r a "' , a ! m,., y a • � t P t r t " a, � ] r � . 4..1:1; a . r '�' $I � f, `a. 1 � a�� s r, t i . p t 4 � e. ' s y 4 \ 1 L { � t {{ s.*ZSi f" y "Y 14 >G : . t I, .,,w '' M . ��� �rM, 41i 1 'ST +T �`� ',tr. .a �+'r . . , � " - ' r . Gtr -,t. _ -. 4 � .,A._— a Kodiak Island Borough GIS System N " - 0 95 190 380 570 760 Feet S This map was prepared from the Kodiak Island BorougM1s GIS System. It Is provided for the purpose of showing the general Ionlion 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 me Kotliak Island Borough IT Deparvnenl at (9g]) 486 -9333. Introduction - Page 1 of 6 Public Hearing Items 7 -E & 7 -F —I J (1 H b !I 2 � �C 'V C \\JJ J I 1 CM 1 i : r ,-- ii <7 1F* 6 -----3\ H , \\ L. L L .. -9 ; .L �� A. is ! , K >�, _, r Introduction - Page 2 of 6 Public Hearing Items 7 -E & 7 -F Request: Wm rezones, according m KIBC 9'7.205.0301 @gi 3 Location (iii Cfl Initiation) Qua investigate Da rezone del portion Pf32@ogaO -02y7 8 CgO CQ 011a &Noy o o Rendezvous 03 from POI. Rural Applicant: azipy Johnston (027) Residential @ Op RR2 -Rural Residential Two; Egli0 Applicant: Leisnoi, a (028) investigate fib rezone CQEW unsubdivided portion co Section a Township South Eel Range a0Wale, Seward Meridian, from C- Conservation m RR2 -Rural Residential Two I P/ lt t i Middle Bay ( e / . / \ N ...-- SSA, 1 o A 41 o ► � o 0 ISO" o Subject ■ , Ar Q Properties N to Kodiak Island Borough GIS System 2 e',. w' ftI� y E ' 0 1.200 2400 4,1300 7,200 9,6 0 I!' e ;t S f 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 wihtin the Kodiak Island Borough. This map does not represent a survey. Mare information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 488 -9333. Introduction - Page 3 of 6 Public Hearing Items 7 -E & 7 -F — 1 !, �! Q„,.)) A� \�� n��1 �- � \��11 h /f\ \�1 %"1�fil � /// I, , i , �, I /- , ; \, ∎, - " _ ' I -�< ' r ;1, U I I J HI r' Introduction - Page 4 of 6 Public Hearing Items 7 -E & 7 - *1'1)4 Kodiak Island Borough Zoning Map W - Al - E �ti Community Development Department 8wW 5 Request: T1/0 rezones, according Ql KIBC 97.205.030 (c t Remo Zoning a Initiation) OD investigate t nib rezone de) portion CO PbIIC oo�99d!�k)t3 t (COI Rendezvous �D from W.Rural Applicant: 9 Johnston (027) Residential Oil; lip R'R2 -Rural Residential Two; . n oltb Investigate tint- rezone CQEII1 unsubdivided portion CQ Section Applicant: Leisnoi, ha (028) Township ag South ad Range ffijW20,, Seward Meridian, from C- ®onservation in RR -Rural Residential Two 0 625 1,250 2.5001 1 t t t f r t t t I l i "/ Feet N. ■ 1*$ .. 6,0 p Subject Properties Zoning Legend Public Use Lands I Rural Residential 1 I Multi Family Residential = : ";_ Light Industrial r LI Watershed _ Rural Residential 2 I I Business I I Rural Neighborhood Commercial Conservation Single Family Residential 1 1 Retail Business Urban Neighborhood Commercial Rural Residential Two Family Residential IIIIIIIII, Industrial I 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 5 of 6 Public Hearing Items 7 -E & 7 -F - = r J f l - -,x - -,1 c (i I-- -'.. r -, II Ir( I 1 /7 I \ ��_ \ ; _ i � _ � ��� � 1 � ilk i ; i - : , i Introduction - Page 6 of 6 Public Hearing Items 7 -E & 7 -F KODIAK ISLAND BOROUGH - COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Rd., Room 205, KODIAK, AK 9 9615 -6398 (907) 486 -9363 - FAX (907) 486 -9396 www.kib.co.kodiak a k. u s 22077 rhi01nk kW y' Applicant Information Property Information Property ID Number's 4- PC�� Di 0 F- y owner's I Propert ow name f b 2'503 vS,S J'i,kJ t 2.-7,TS Legal Description Property owner's mailing address .a0 it �� • � Current Zoning: a City q fate Zi Applicable Comprehensive Plan: 4 S g- ctr — 9() Year of Plan adoption: Home phone Work Phone E -mail Addr. Present Use of Property: S' Agent's name (If-applicable) . • Agent's mailing address j n / Proposed Use of Property: t i / Cit / / State Zip - 7 -6 R 2 - -PDAA:— .. — ,, - L.:W i.O 3 O FD Home phone Work Phone it E -mail Addr. � 424 ,kGZ • • itlt ts.. _:<Q1 (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/Hi t. - As-built Survey Photographs ' / — Maps Other te /- • Property Ow - r w `snature a te AuZtt 6rized Agent's Signature Date 1 A develop ent 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, 01993 by Rutgers University) STAFF USE ONLY PAYMENT VERIFICATION • • Code Section(s) Involved: l 7. 20 C • Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KIBC 17.67.020.8) $250.00 !cr , ;,,;, Other (appearance requests, site plan review, etc.) $150.00 Zoning change from tee/ to real (KIBC 17.72.030 and 030.C)* Appli received by: Staff signature t 1 027 MAY 0•2 2017 • /, /t/ 'S Kggi gsiand Boroug�r� S - - Applicat - Pag t'Inance Denartmonr ck_-t S4k Public Hearing Items 7 -E & 7 -F } ii €1 j il ��� ( , � 1 i -� ( _ _ J � I \\ \ I, H LI � ' I`�� I ! �.t ! ��%11 L, ��1�is � f -' i ��I 1 1 6 1 /� I ' Application - Page 2 of 10 IH cl .. ..� ONNENSNG Afton •,- tn ' • i' 1 ' ` I • • �'ta 1 as MI WO +l. • •.I�e.w.nm.um � - t .: U. S. / S U R V E Y 2 7 3 �' : Ne..' ."..v a� • }. I. r " � 1 I �+wn m.+wrwaa ,. sa. wla , . r3 ^� O4r °°o ��e+ a or ni�O .10111 WS F . ' - A I TRACT 1 . a I «I_a ._,. f a . 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MASK. 00414 - - 4' IA Public Hearing Items 7 -E & 7 -F May 18, 2011 Kodiak Island Borough Community Development Department Planning and Zoning Commission 710 Mill bay road Kodiak, Alaska 99615 Dear Commissioners, I have written this letter to help support the request for rezone cases ##11 -027 and #11- 028. My wife and I purchased the property in the case 11 -027 at 22077 Chiniak Hwy and at the time, developed an easement for legal access from the highway. Shortly after that we began negotiations with Leisnoi Inc to purchase the property as described in case ##11- 028 to insure that no one would ever build between us and the highway. It has taken since 1993 for Leisnoi to get clear title to this property so they could sell to us. This commission rejected our previous request to rezone Leisnoi's property to RR 1 believing that this would lead to increased density in a "C" Conservation zone. These two rezone requests to RR2 will allow us to make this purchase actually reducing the current density without allowing the possibility for subdivision. Our lot is currently RRl and 1.14 acres. By allowing these rezones the borough will end up with a larger lot ( 2.56 acres) closer to "C " zoning size than our existing RR 1 lot. Please consider allowing these rezones, as the result will reduce density in the area without changing the characteristics of the use. Sincereli J � • a + -1st. Stephanie Love 1 1 MAY 2 0 2011 LI - COMMUNITY DEVELOPMENT DEPARTMENT Application - Page 4 of 10 Public Hearing Items 7 -E & 7 -F _ 7 r �� I J J C' ii i -, < � y 1 ( p :1 -)i 1 ,-__--. -,----, . 1 ,� Application - Page 5 of 10 Public Hearing Items 7 -E & 7 -F May 02 11 10:06a Clarion Fax 9074863909 p.2 • • KODIAK ISLAND BOROUGH - COMMUNITY DEVELOPMENT DEPARTMENT 710 Mt Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 486 -9363 • FAX (907) 486 -9396 • w • vnv, kip. co. k od is k• a k. u s . I Applicant Information I Property Information C 15Aj0 1 i / . ID Numberls poRspc,j Of Se_rI J Property owner's name / � I _ 78 'T2t C a 2 f7Q9 (27,e ,,2 itiGut Legal teescription ' / Property owner's mailing address / / A ,Q' (� J , 9�?lo�,� I Current Zoning: ✓fr' ZL ✓�J�' City `J Stale yip Applicable Comprehensive Plan: 4&O —4'o /o — 4f f f Year of Pien adoption: Home phone Work Phone E-mail Addr. � Present Use of Property: ✓me- Agent's name (If applicable) Agent's mailing address I • I Proposed Use of Propery. City State Zip �6� 1 �R v7) .4 s d�inJii er Horne phone Work Phone E -mail Addr. 4�'�..�'� a (Note: Use additional sheets, If needed, to provide a complete I+ description of the proposed request.) Applicant Certification /hereby corti.ry as the atonally owneneauthorbred agent that this applica tion 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 kodlak Island Borcugh Code, which includes a detailed site plan' tor variance and conditional use requests and which may ' Mende optional supporting documentation as Indicated below. • L ition al Narrative/Nlstory Ps -built Survey Photographs -ps Other .sue 6 21/ �. '��li z / I Property Owner's Signature / Cate Awed Ag r. ":'gn •u re Date • • ' ' A aevetoprr,ent pion for one or more lots on which is shown the existing and proposeb conditions of die lot 'including topc :3ra0y, • - I vegetation, drainag a, ileed plains. wetlands, and wa landscaping and open spacers: walk means Of ingress and ?,tress: circulation: ¢pity senites; svuctures and buildings; s ig ns and lighting; berms. buffers, anc screening ievices; surround:no deseiopment: . and any other infcrma that reasonably may be required in order that an Informed decision can be rnade by the approving autYority. IL (Source: The New iaustrateo Book of Dew/cement DeSnitions. ®1993 by Rutgers University) . STAFF USE ONLY • • PAYMENT V?RIFICATION Code Section(s) Involved: /7 ZOS • • Variance (KIBC 17.66.020) $250.00 I { Conditional Use Permit (KIBC 17.67.020.6) 5250.00 Other (appearance requests, she pllAn view, etc.) 1150.00 r/ Zoning change from C I to A (KIBO 17.72.030 and 03C.C)" d • /J 1, n San a APPiicatiq+fQeceiv by: I . Staff signature - (I u (/ k'Ji it __ A 4IP Aegees MAY 022011 9 5 -2 -1I Kodiak Island Borough COS SL b j Finance Department Application - Page 6 of 10 Public Hearing Items 7 -E & 7 -F i�� '1 r` !- -- % 1 ) ' ' 1 i \ n L. ' . ' l ,� I '�- / -1 Application - Page 7 of 10 i '� E 1 T �� —�„�, .)- - / q L ,y OWNERSNW , 1Ef10.4N1 J ; r " SS an mama n a ms.Irswl marmr ,': . I U.S. S U E Y ���:: b�� . ��. R �' > . � ; i R V 2 7 �L awa ;y ,: ; #.. ' - f.' `.I TRACT I .. r 1 �®.R_,..b.,_ la Mc am Siam :+rte .{ it ).r>ti .; [] I ."''>.ia.` real. 1 sv m.uas AIM rf 1 f Jr; O I .' i bf. N . mvta. i . +�.n _ V * I � \ \\ nape �l le R ®>M r10_i_Omgm s El wf {„y ) } )" �F TOTAL ACRAAOS I JO ..� r m msaa M wuumoars + c m..ama ma ' " z .' j r 3 10.773 ACRES I 5 I TEE pea 'rmr.aa.va Ma m..bm �UB,299.9 S FT I I I C� ,s VINCINIiY MAP Q g 4 I ° - s w Ma et recure It I I I TRACT Hz ~"" -,^ ` n 6 _e k a _ worulr na awiEOCUExr 1 I I C —'I " 1 r b� J .p,eA• ®O al 6 . MN•m __cm sr a• Y.S wort t)]S xb 1 iQ �C T .PN • T CD O / o aaln 1 Me a o, n ", _ •rra a ea 1 11 i - � ° o r U K l Ma / /. 3-I /f B.A3f ao `°'° 1 nR °n'wr I I 1 b ! ,e • { l U Q w ,m ®..a R • a• • V Z � / W.IR4M 'IHI $W bi'L. H, ... // _ P MRa. �1 'in 1M LM 40 3 .. AI a 1.1 l I J / ) Y � / / \ • I 1 1 6� r. B! I Q aab,tw Cc 3 I O + t r - SKY 1)]b 111 / r `� , © �I 1 II xn r AI Q >e ®OQb RO1Na.OJ b . Ira S ' .:e g unva,trao IN • Iv I 1 _ °•••� soon4 awe TAX CFR11FlG1TE� N , • 1 I / m �uiK r - r' 1 .... h _ 0.I U.S AIyyE:• j 1 ra •8 1 + I ..� .. I ))56 rm40a.r v_ e cm N Y I I I �/ _ �, - aft: . 1 " wa `:, n. r .m.�.viIDOSVVS� iue ®w® is Et ~. o £ S I 11 : were .�a /1 � ; Y r ..r_. µ L Y O R iAm.t�__. U so. % IF 1111470 SQ e ill \ lee ACRES 'I� / I G vr�,_ ma me mom we me mem l � p 66 i CD . \ ;r lS I \ 31 ; .I j wn lAriEA PLAT APPROYALJ 1 : I 1 �e Rmw M ;G o A oar iSnor.".. nor.".. I 1 r'1 t ' ai \ \ \ a i y I I : V 3 �y wen ow OS IOea �IVt • 7 _I R CM' r set RR( m 11_a v MOM SaP Meer s r.na amewm RCM aela_may � I 1 I l4'I 6 S ,� r.>•e . `_ .r. .R MAY Oat ®epR Of Mt MEt ant Mr r1MI t WM Ma• al My* ROM mm / / 1 / / ; IIRa a J KO 00111-9 MOM • V O_ 110106 C Mal I / / r , e _m . LICLND / \ mean MUMS a0.l — 7 0 SIT Y *worm CM 1:". J` 1 \ _f_� ` \ ° K� . \ soar wu[ e• • iOIM IOM y, t .r. • �� sor �..rers o /CAM t -I n' w+r w w k � ` � � 4 ' 8� ' 'S m . 6 . :� �. 010140D Y KavaN1 w �_Ra / / s ® r4UD a_I /4 .e \ k. "'a\ !D ♦ r ........... ._. t� T TO q I vt pQ _ •A I, / s_ w . .� �.�_ c m el 2 Y. Use Or MAMC- /R-� _ '7 ^ I '�'s:S. 3 w111N .W[OfM/ MM1V N. ^1 wt.� to �' `I' 0 MET (d1IGR RIIUUK \ ��� `z W V iv \ -- A 1 CE16F m . m UDRe. � ` _ �y Ta �/��(R� © v O �` i c yp D I C�l PORTION OF V.S. SLIMY eras a or. III. PO. 4J?) - 9, 1 I • $r n s ant PC MO A xAR 040/ESSMAL M EelEM PRELIMINARY RE,L1♦.1I N R Y " ' + _rlvavwmra,a f _ �TOWNSN/POAD SOUTH. RAncl SECTION IL f 3 ∎•1 ■ I. 1Y A VAR O LLAMA MAOISEM 40114101. SEWARD YlR10 N 1 .y+ SUBJECT TO 41 lGr w1T01A TOMDgE'S, [ARw[NR, COVENANTS. w[sUlvAlls.. R{SnIMCwWS AND RMCN15 a war d RECORD. KODIAK �^' \ news? GAfPARW MA ALASKA (ASNI ]. A m ` \ II NNS MM eM 5)IMIMIf bY( M *r 0 -10 -1010 SC ANC. [: 1'- ]p' I (237 RAaw w1'; V eA H ImbIIK R ALar IIIIS ST. 1 LIY SUT(MxO MC. w11,:M ,r41 70 bY4 -- ' 1.1! �'y{�•�.���/yC .+ f.� l Y... V:F'x��+^FyW� Public Hearing Items 7 -E & 7 -F May 18, 2011 Kodiak Island Borough Community Development Department Planning and Zoning Commission 710 Mill bay road Kodiak, Alaska 99615 Dear Commissioners, I have written this letter to help support the request for rezone cases #11 -027 and #11- 028. My wife and I purchased the property in the case 11 -027 at 22077 Chiniak Hwy and at the time, developed an easement for legal access from the highway. Shortly after that we began negotiations with Leisnoi Inc to purchase the property as described in case #11- 028 to insure that no one would ever build between us and the highway. It has taken since 1993 for Leisnoi to get clear title to this property so they could sell to us. This commission rejected our previous request to rezone Leisnoi's property to RRI believing that this would lead to increased density in a "C" Conservation zone. These two rezone requests to RR2 will allow us to make this purchase actually reducing the current density without allowing the possibility for subdivision. Our lot is currently RR1 and 1.14 acres. By allowing these rezones the borough will end up with a larger lot ( 2.56 acres) closer to "C " zoning size than our existing RR I lot. Please consider allowing these rezones, as the result will reduce density in the area without changing the characteristics of the use. Sincerei J a • 1st.' Stephanie Love D _ Li MAY 202011 COMMUNITY DEVELOPMENT DEPARTMENT Application - Page 9 of 10 Public Hearing Items 7 -E 8 7 -F �J • 1 ^ i r--.! ; ' I l I ' I 1 k- C \\,, ,_ -___/:,1 ' 1 , L m \S H I 1 ' L.; t ■ , / I (71- — � , 1 I IL C I r I -�\ �\ ! l� � ; ,1, L-9J © , U L;( \ \ Application - Page 10 of 10 Public Hearing Items 7 -E & 7 -F Request a rezone, according to KIBC 17.205.030 (C) (Manner Current Location of Initiation), to investigate the rezone of a portion of U.S. 22077 Chiniak Hwy Survey 2735 (Old Rendezvous site) from RR1- Rural Residential One to RR2 -Rural Residential Two, for a parcel of P & Z Case 11 -027 land 1.14 acres in area. This parcel, if rezoned, will be Jay Johnston combined with an adjacent parcel to create a single 2.56 acre RR2- Rural Residential Two zoned lot. U / \ Z ^ , i i t , 7.-j„.„i di . . " Kodiak Island Borough GIS Legend 4d , .1 I / 0 Feet Subject Parcel w �� - E � 0 650 1 1 , loo t 2.600 ® N o tificati o n Area s This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general bcadon 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 IT Gepainent at (907) 486 -9333. Public Comment - Page 1 of 8 Public Hearing Items 7 -E 8 7 -F KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 May 5, 2011 Public Hearing Rem 7 -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, June 15, 2011. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 11 - 027 APPLICANT: Jay Johnston 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 RR I- Rural Residential One to RR2 -Rural Residential Two, for a parcel of land 1.14 acres in arca. This parcel, if rezoned, will be combined with an adjacent parcel to create a single 2.56 acre RR2- Rural Residential Two zoned lot. LOCATION: 22077 Chiniak Hwy, Middle Bay ZONING: RR1 -Rural Residential One 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 31, 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 your comments to ssmith(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, June 8, 2011 a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room 01121), 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 8 Public Hearing Items 7 -E & 7 -F TODD HINER MARILYN L. GUILMET LIVING JAY JOHNSTON P.O. 130X 671 TRUST PO BOX 2503 KODIAK, AK 99615 P O BOX 625 KODIAK, AK 99615 KODIAK, AK 99615 NATHANIEL WALES ETAL LEISNOI, INC P O BOX 1786 2713 N. 63RD ST KODIAK, AK 99615 MESA, AZ 85215 Public Comment - Page 3 of 8 Public Hearing Items 7 -E & 7 -F � f_ 1 rt r o re---:s) I "II :TN) 1 I / 11 IFI �) `1c��]� I \,\ / -1 (J ' f =_; i. i 1 L I -- I i TL K ii Public Comment - Page 4 of 8 Public Hearing Items 7 -E & 7 -F Current Location Request rezone, according to KIBC 17.205.030 (C) (Manner Portion of Section 28 of Initiation), to investigate the rezone of an unsubdivided T29S R2OW Seward portion of Section 28, Township 29 South and Range 20 West, Seward Meridian,from C- Conservation to RR2 -Rural Meridian Residential Two, for a parcel of land 1.42 acres in area. P & Z Case 11 -028 This parcel if rezoned will be combined with an adjacent lot to Leisnoi create a 2.56 acre RR2 — Rural Residential Two zoned lot. N .-, .--/ / 7 Il i . .... . jpilM Subject Parcel C ) -- . . C) Kodiak Island Borough GIS N - , �1 Ita Legend w e 9116 �9 Feet r `�' }i 4TF 0 500 1 1,000 1 2,000 Notification Area S This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More Information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907)486-9333. Public Comment - Page 5 of 8 Public Hearing Items 7 -E 8 7 -F KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill 13ay Road, Kodiak, Alaska 99615 (907) 486-9363 May 6, 2011 Public Bearing Item 7 -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, June 15, 2011. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 11 -028 APPLICANT: Leisnoi, Inc. AGENT: Carole Pagano REQUEST: 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 4 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. LOCATION: Portion of Section 28, T29S R2OW, Seward Meridian ZONING: C- Conservation This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm on Tuesday, May 31, 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 your comments to ssmith(,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, June 8, 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 6 of 8 Public Hearing Items 7 -E & 7 -F MARILYN L. GUILMET LIVING Tom HINER WILLIAM WREN TRUST P.O. BOX 671 P O BOX 8284 P O BOX 625 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 PAUL PENA JAMES GRAHAM NATHANIEL WALES ETAL PO BOX 1966 P O BOX 3147 P O BOX 1786 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 LEISNOI, INC 2713 N. 63RD ST. MESA, AZ 85215 • Public Comment - Page 7 of 8 Public Hearing Items 7 -E 8 7 -F - i 1 i r Li( ilu 1 ,iii• u 'LL \�� u i! IL`s l l \K- ' J �_ 1 J! 1 V r 1 CL i 1 I Public Comment - Page 8 of 8 Public Hearing Items 7 -E 8 7 -F MEMORANDUM Date: May 25, 2011 To: Planning and Zoning Commission From: Community Development Department Subject: Information for the June 15, 2011 Regular Meeting Cases: 11 -027 & 11 -028 Applicant: Jay Johnston, Case 11 -027 Leisnoi, Inc., Case 11 -028 Agent: Carol Pagano, Sec./Treas. — Leisnoi, Inc. Request: (Case 11 -027) 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 to 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; and, (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 IQ 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. Location: 22077 Chiniak Hwy, Middle Bay (Case 11 -027); A Portion of Section 28, T29S R2OW, SM (Case 11 -028) Legal Description: A portion of U.S. Survey 2735 (Case 11 -027); A Portion of Section 28, T29S R2OW, Seward Meridian (Case 11 -028) Zoning: RR1 -Rural Residential One (Case 11 -027); C- Conservation Zoning District (Case 11 -028). Five (5) public hearing notices related to Case 11 -027 were mailed on May 5, 2011. Seven (7) public hearing notices related to Case 11 -028 were mailed on May 6, 2011 Date of site visit: No Site Visit Conducted — Borough GIS Consulted Zoning History: These parcels were zoned C- Conservation in 1977 as part of KIB Ord. No. 77 -15 -0. The Portion of U.S. Survey 2735 was then rezoned from C- Conservation to B- Business in 1983 (Case 83 -134). This same parcel was then subsequently rezoned from B- Business to RR1 -Rural Residential One in 1993 (Case 93 -031). Staff Report - Page 1 of 8 Public Hearing Items 7 -E & 7 -F Lot Size: Parcel 1, Case 11 -027 1.14 acres Parcel 2, Case 11 -028 1.42 acres Existing Land Use: Parcel 1- Single- family Residential Parcel 2 - Vacant Surrounding Land Use and Zoning: North: Tract C -1, U.S. Survey 2735 Use: Single- family Residential Zoning: C- Conservation South: Unsurveyed portion of T29S, R2OW, Seward Meridian Use: Chiniak Highway/Vacant Land Zoning: C- Conservation East: Portion of Lot 1, Section 28, T29S, R2OW, Seward Meridian Use: Vacant Zoning: C- Conservation West: Portion of Tract C -1, U.S. Survey 2735 Use: Single- family Residential Zoning: C- Conservation Comprehensive Plan: The 2008 Kodiak Island Borough Comprehensive Plan identifies this area as Conservation land. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: Title 17 Zoning KIBC 17.10.020 Reference and use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. The applicable comprehensive plan is the 2008 Kodiak Island Borough Comprehensive Plan Update. KIBC 17.205.030 Manner of initiation. Changes in this title (request for a rezone) may be initiated in the following manner: A. By petition of one (1) or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development department, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. Staff Report - Page 2 of 8 Public Hearing Items 7 -E 8 7 -F KIBC 17.205.055 Submission to assembly. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment; its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. 17.205.020 REPORT FROM PLANNING AND ZONING COMMISSION. The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner in which such change is initiated and such report shall find: A. Findings as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and C. Recommendations as to the approval or disapproval of the change or amendment. Coastal Management Applicable Policies 4.4 Enforceable Policies Staff has not identified any enforceable policies of the adopted coastal management plan that would be applicable or relevant to this request. COMMENTS The owner of Parcel 2 in this case (Leisnoi, Inc.) is willing to sell a 1.4 acre portion of C- Conservation zoned land located adjoining Parcel 1, a Portion of U.S. Survey 2735. Parcel 1 is currently 1.14 acres in size and is historically referred to as the "Old Rendezvous" site. Since 1993 the Old Rendezvous site has been zoned RR1 -Rural Residential One and has been redeveloped for single - family residential purposes. The owner of the Old Rendezvous site (Parcel 1) wishes to acquire from the owner of Parcel 2 a 1.4 acre parcel located between their lot and the Chiniak Highway in order to have a larger site that includes Chiniak Highway frontage rather than an access easement to the road. The owner of Parcel 1 has submitted an abbreviated plat and obtained preliminary approval to acquire and consolidate Parcel 2 with Parcel 1, however the preliminary plat approval (Case S11 -003) requires a condition of approval that both parcels be combined into one zoning classification. It is best if the resulting parcel can be remain in a conforming zoning district and split -lot- zoning can be avoided as a result of this planning action. Hence the need for this rezone request. Staff Report - Page 3 of 8 Public Hearing Items 7 -E & 7 -F A similar case (Case 11 -017) was previously submitted requesting to rezone what staff is referring to as "Parcel 2" in this report. This case was denied a rezone from C- Conservation to RR1 -Rural Residential One by the Planning & Zoning Commission at the February 16, 2011 regular meeting. The petitioners have now submitted two new cases requesting the rezone of two adjoining parcels in the RR1 -Rural Residential One and C- Conservation zoning districts to a common zoning of RR2 -Rural Residential Two. The petitioner's goal remains the same however, which is to join the two parcels together as a single parcel as indicated in the abbreviated plat for subdivision Case S11 -003. A condition of approval from that subdivision review requires the petitioner to reconcile the two disparate zoning districts into one common zone before the plat can be granted final approval. In Case 11 -017, staff had recommended RR2 zoning as the best compromise to apply in this situation. This recommendation was made because the end result of the consolidation would not be a five (5) acre lot that would conform to the C- Conservation zoning district, but it would get the property closer to the five (5) acre lot standard in the surrounding area. In addition, the application of RR1 -Rural Residential One zoning as requested in that original case could have allowed for re- subdivision to occur in this area, which could be viewed as incompatible with the Conservation designation applied to this area by the 2008 Comprehensive Plan Update. The RR2 zoning district has a list of permitted uses very similar to the existing RR1- Rural Residential One zoning district that now applies Parcel 1. RR2 zoning would be more appropriate to the combined lot resulting from the consolidation of parcels 1 & 2 because it has a two (2) acre lot minimum size and it would not permit further subdivision of the resulting lot. As indicated in the report for Case 11 -017, staff will continue to recommend the RR2 zoning district as the best zoning recommendation for this case. Although the rezone requests for Parcel 1 and Parcel 2 were made in two separate applications, staff will be addressing both cases together in one staff report. In addition, staff will provide two separate motions, one for each case, however it will be up to the commission whether they want to hold two separate hearings or one combined public hearing for both parcels. So long as the commission gives each case appropriate consideration it is a matter of discretion how the commission wishes to deal with these cases procedurally. Staff sees these cases as being inextricably linked together and will suggest an effective clause that will ensure they remain linked both from the zoning perspective and the subdivision perspective. CONFORMANCE WITH THE COMPREHENSIVE PLAN: Comprehensive Plan Staff typically recommends, and KIBC 17.10.020 requires, that the commission give due deference to the recommended land uses described in the most recent comprehensive plan update. In this case however, staff sees in the 2008 Kodiak Island Borough Comprehensive Plan Update that there is a recommendation for residential (Conservation) land use in this general area which cannot easily be applied to the subject parcel. This is because the combined lot approved in platting case S11 -003 will Staff Report - Page 4 of 8 Public Hearing Items 7 -E & 7 -F only total about 2.4 acres, which is substantially less than the five (5) acres minimum lot size required in the C- Conservation zoning district. That said, the Old Rendezvous site has long been considered a unique case given the history of the site as an eating and drinking establishment. This history goes back to a time before zoning rules and regulations applied in this area. In 1983 the site was zoned B- Business in recognition of the Old Rendezvous commercial use of the site. When the Old Rendezvous burned down the site was purchased and converted to a residential use. Because single - family residential use is not by itself a permitted use in the B- Business zone, the approximately one (1) acre site was rezoned to RR1 -Rural Residential in order to make it a conforming use on the lot. While it may not be possible to continue the C- Conservation zoning for Parcel 2 after it is combined with Parcel 1, it is possible to make a compromise by balancing the constraints of surrounding property boundaries and road right -of -way with the Conservation designation in the adopted plan. Staff believes that the RR2 -Rural Residential Two zoning district would more closely conform to the intent of the Residential /Conservation designation under these circumstances. The list of uses permitted for both RR1 and RR2 are quite similar except that the RR2 zone has a minimum lot size requirement of two (2) acres. A rezone to RR2 would ensure that the density of the area is maintained at a level closer to one (1) dwelling unit per five (5) acres by restricting the proposed new lot from ever being re- subdivided. For this reason staff recommends the RR2 zoning be applied to Parcels 1 & 2 in this case. This zoning district would ensure that the resulting site continues to be appropriate for one (1) dwelling unit on 2.5 acres which is closer to the residential density required in the C- Conservation zone. ZONING /USE: The general area is zoned C- Conservation. Most of the surrounding lots are larger than the minimum five (5) acres required in the C- Conservation zoning district although there are several more recent lots that are just five (5) acres in size. The exceptions are the RR1 zoned parcel for the Old Rendezvous site and an un- platted parcel along the highway (zoned C- Conservation) that is only 3.02 acres in area. An alternative might be to rezone the proposed subdivision lots to C- Conservation. This would require a variance instead of a rezone and would be difficult to meet the variance standards because this is about a use change not a dimensional or density adjustment. In addition to allowing Conservation uses on a lot only half the minimum size required in the C- Conservation district, it would also hamstring the lot with a nonconforming status under KIBC 17.140 (Existing Nonconforming Uses and Structures). Increasing the size of existing developed lot moves towards conformity with the plan description, however, and should be encouraged. At least one property owner has contacted staff to express concerns about the potential for fireworks stand use in the RR2 zone which is allowed as a conditional use. Staff would note that the use is already permitted as a conditional use in the existing RR1 zoning district which applies to Parcel 1. Nevertheless, staff can see where this use could encourage the proliferation of fireworks in the surrounding area even though Staff Report - Page 5 of 8 Public Hearing Items 7 -E & 7 -F typically they are not allowed to be fired in close proximity to the fireworks stand itself. This concern is particularly aimed at the apparent conflict between fireworks use and the negative impact the use has had on agricultural livestock being raised and grazed in the surrounding agricultural lands. Because the RR1 and RR2 zones are so similar, it's not like a new use is being introduced in the area. At the bottom line the petitioner really just wants to increase the size of their residential site and have some ownership of frontage along the Chiniak Highway. Given that fireworks stands are a conditional use, there would not be a fireworks stand at this location without substantial public hearing review before the Planning & Zoning Commission. In this regard, the commission could deny such a use if it was seen to be disruptive to the surrounding area and would cause real harm to agricultural users such that no conditions of approval could reasonably bring the use into conformity with the character of the surrounding area. In the alternative, because there is also a plat still awaiting final approval, a covenant by plat note could be placed on the new plat that would prohibit fireworks stand use on the resulting parcel. This action would require the petitioner to voluntarily make this change however, by adding a note to the plat. It is not something that staff would consider that the petitioner should be compelled to do. Staff also notes a distinction between the Conditional Use Permit of allowing fireworks stand in the RR2 zoning district and the relatively unrestricted use of the fireworks for entertainment and celebratory purposes within the Kodiak Island Borough. Historically, it has been the right of people to shoot off fireworks in the borough at any time of the year. The borough assembly however, has recently enacted new regulations that would substantially limit the times of the year when fireworks can be used by consumers. Whether the assembly has adequately addressed these concerns remains to be seen but it is clear that this action was not related to zoning but was more of health, safety and welfare issue in the community. In this regard, inhibiting a fireworks stand location on these Middle Bay parcels where there has never been a fireworks stand may not address the concerns that were expressed to staff, but then neither would the denial of this rezone request. LAND SUITABILITY: Parcels 1 and 2 are suitable for all land uses permitted in the RR2 zoning district. RECENT DEVELOPMENT TRENDS IN THE AREA: Parcel 1 was originally developed for business purposes and in 1993 it was rezoned from B- Business to RR1 -Rural Residential One and redeveloped for residential purposes. The surrounding area has been developed for a number of land uses over the years. Tract A, U.S. Survey 2735 has been used as a fish processing plant in the past. Tract B and adjoining parcels are used for agriculture and residential. Several lots have been created over the years that are 5 acres in area and developed primarily for residential purposes. Since the Leisnoi Native Corporation is now able to sell land after settling its legal issues, several property owners in the area have acquired the land between their U.S. Survey 2735 holdings and the nearby Chiniak Highway right -of -way. Staff Report - Page 6 of 8 Public Hearing Items 7 -E & 7 -F TRAFFIC IMPACTS: No major traffic impact is expected to occur from this rezone action, regardless of which zone is ultimately determined to be most appropriate in this situation. The Chiniak Highway is a state road with adequate improvements and maintenance support to sustain a substantial increase in traffic. Such an increase is not projected to occur from this request. RECOMMENDATION Staff recommends that the Commission forward these requests to rezone Parcel 1 and Parcel 2 to the borough assembly with a recommendation for approval of both rezones. An effective clause is also recommended that would make the zoning become effective upon the filing of a final plat for Case S11 -003 which would help to ensure that the replat goes to completion and that the mapping of the new zoning boundaries will coincide with the creation of those same boundaries by plat. APPROPRIATE MOTIONS Should the Commission agree with the staff recommendation, the appropriate motions are: Motion Parcel #1 Move 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 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. Staff recommends that the preceding motion be APPROVED. Motion Parcel #2 Move 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 511- 003, and to adopt the findings in the staff report dated May 25, 2011 as FINDINGS OF FACT for this case. Staff recommends that the preceding motion be APPROVED. Staff Report - Page 7 of 8 Public Hearing Items 7 -E 8 7 -F Effective Clause for Cases 11 -027 and 11 -028: The rezones approved for Case 11 -027 and 11 -028 shall not become effective until the filing of a final plat as approved with conditions in Subdivision Case S11 -003. Findings of Fact for Cases 11 -027 and 11 -028: A. Findings as to need and justification for a change or amendments. The rezones are needed to consolidate the zoning of two parcels that are proposed to be consolidated by an approved preliminary plat. With the borough's GIS based zoning system it is difficult to map multiple zones on a single lot where there are no property boundaries to associate with the zoning boundaries. It is also bad policy to allow individual lots with multiple zoning districts. The acquisition of C- Conservation zoned land between the Chiniak Highway combined with a Portion of U.S. Survey 2735 (the Old Rendezvous site) moves the resulting site towards conformity with the character of the surrounding area. The resulting parcel will more than double in size to 2.56 acres with minimal change to the zoning and the lot will then have frontage on the Chiniak Highway. B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan. The proposed replat in Case S11 -003 serves as the catalyst for these rezones which will move the two parcels towards conformity with the overall character of the surrounding area. The application of RR2 -Rural Residential Two zoning would not allow future subdivision of the resulting lot and the list of permitted uses in the RR1 and RR2 zones are very similar. The petitioner has little chance of acquiring additional acreage to create a five (5) acre site that would conform to the C- Conservation zoning district. The RR2 zone therefore provides the best balance between the character of the surrounding area and conformity with the comprehensive plan designation for Conservation use. Staff Report - Page 8 of 8 Old Business Item 8 A &B P &Z Meeting July 20, 2011 Old Business Item VII B P & Z January 20, 2010 I * * * * ** EXAMPLE OF PAST SIMILAR ACTION * * * * * *I RECONSIDERATION MEMORANDUM DATE: January 8, 2010 TO: Planning and Zoning Commission FROM: Bud Cassidy, Community Development Department SUBJECT: Information for the January 20, 2010 Regular Meeting CASE: 10 -007 — Reconsideration of previous Commission decision to deny a rezone request) APPLICANT: Kodiak Island Borough Planning & Zoning Commission. REQUEST: Reconsideration of the Commission's vote to recommend denial on an investigation, according to KIBC 17.205, of a rezone from RR1- Rural Residential One to B- Business, for Lot 4, Block 5, Miller Point Alaska Subdivision. LOCATION: 4210 Otmeloi Way ZONING: RR -1 Rural Residential Zoning District. Authority: This request for reconsideration is brought forth under the auspices of the adopted Bylaws of the Kodiak Island Borough Planning & Zoning Commission. Article IX section B of the Bylaws of the Commission provides: "In all manners of procedure not covered by rules adopted by the Commission, Robert's Rules of Order, Newly Revised (10P Edition) by Henry M. Robert, shall be applicable and shall govern." Robert's Rules of Order Chapter IX section 37 discusses Reconsiderations. Procedure: The action required for reconsideration of a previous decision is for a member of the prevailing side of the original vote and another member to file a "Reconsideration Affidavit" with the Borough Clerk's Office before 5:00 P.M. the day after the action was taken. This effort was made by Commissioner Ryser (who sat on the prevailing side of the vote) and Commissioner King (See Affidavit). Cases 11 -027 & 11 -028 Appendix Page 1 of 3 Case 10- 007 /Reconsideration SR Page 1 of 2 P & Z: January 20,2010 Old Business Item 8 A &B P &Z Meeting July 20, 2011 Old Business Item VII B P & Z January 20, 2010 As a result, the action the Commission will consider at your January 20 meeting is to first vote on the issue of reconsideration. That happens with the commission approving the following motion: RECOMMENDED MOTION Move to reconsider the action taken on Case No. 10 - 007 Discussion should focus on the reasons for filing the reconsideration. As the filer for the reconsideration, Member Ryser should speak first stating reasons that the membership should reconsider their previous vote.. ROLL CALL VOTE ON THE MOTION TO RECONSIDER If the motion to reconsider fails, the original action taken at the last meeting stands. The findings of fact that were adopted at the previous meeting are valid. That completes any commission's action in this case. If the motion to reconsider passes, the motion: "Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of lot 4, Block 5, Miller Point Subdivision from RR1 -Rural Residential One to B- Business is automatically before the Commission as if the original vote had not taken place. Debate on the motion occurs and a roll call vote on the motion is taken. Should the motion to rezone the parcel in question pass, findings of fact supporting the commission decision should be developed. Section 17.205.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.205.020 A. Findings as to the Need and Justification for a Change or Amendment. 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. Cases 11 -027 & 11 -028 Appendix Page 2 of 3 Case 10- 007 /Reconsideration SR Page 2 of 2 P & Z: January 20,2010 Old Business Item 8 A &B P &ZWeletiGg July 20, 2011 Case 10 -007 RECONSIDERATION AFFIDAVIT - Wandersee I, J /'r, 12V er , Planning and Zoning Commissioner, having voted on the prevailing side, fire my intent to reconsider the vote taken at the Planning and Zoning Commission Regular Meeting of December 15, 2009 on Case No. 10 -007, an investigation, according to KIBC 17.205, of a rezone from RR1 -Rural Residential One tW B- Business, for Lot 4, Block 5, Miller Point Alaska Subdivision. The applicant is Dayton Wandersee. ,2 J Signature SUBSCR s r 1pttfb[$ S to before me this 17 of Decem� x, Q 4' r _ 6') Notary Public In and For Alas _ k,- '4.f = My Commission Expires: , � I, 14 '1' , . i . i S n c , Planning and Zoning Commissioner, having voted on the prevailinmy intent o reconsider the vote taken at the Planning and Zoning Commission Regular Meeting o December 15, 2009 on Case No. 10 -007, an investigation, according to KIBC 17.205, of a rezone from RR1 -Rural Residential One 14 B- Business, for Lot 4, Block 5, Miller Point Alaska Subdivision. The applicant is Dayton Wandersee. , e . 2tt Signature SUBSCRIBED AND igefore me this of December, 2009. st.-1/4/0.1";.... et: Fi g: .„,,,..or - Nota i c In and Fa Alaska pug My Commission Expires: �l/,c 02.51 x FILED with the Kodiak Island Borough Clerk's office this 17 day of December 2009. 4 1 I Nova . avier, MMC Borough Clerk ` Cases 11 -027 & 11 -028 Appendix Page 3 of 3 NIA f4T,N KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 15, 2011 REGULAR MEETING ITEM NO: 9.B TITLE: Ordinance No. FY2012 -07 Rezoning an Unsubdivided Portion of Section 28, Township • 29S Range 20 West Seward Meridian From C- Conservation To RR2 -Rural Residential Two Acres (Leisnoi, Inc.). SUMMARY: The Planning and Zoning Commission at its July 20, 2011, meeting held an advertised public meeting on Case 11 -028, and is recommending that this unsubdivided parcel be rezoned from C- Conservation to RR2 - Rural Residential Two Acres. This parcel, if this rezone request is approved, will be enlarged by combining it with an adjacent parcel known as the "Old Rendezvous Site" which is also being considered by the Assembly for rezoning. A single larger parcel (2.56 acres in size) will be created. This larger parcel will extend to the Chiniak Highway. This combination of two parcels into one larger parcel still remains short of the minimum 5 -acre area requirement under the comprehensive plan for this neighborhood. The Commission's decision recognizes that by enlarging the parcel, it comes closer to meeting the area requirements and conforming with the comprehensive plan than if it is not joined. The Commission also recognizes that this rezone action, as well as combining the two lots into one lot, will not increase the residential density that currently exists for the area. APPROVAL FOR AGENDA: d ie SW RECOMMENDED MOTION: Move to adopt Ordinance No. FY2012 -07. Introduced by: Borough Manager 1 Requested by: P &Z Commission 2 Drafted by: CDD Director Introduced: 09/01/2011 3 Public Hearing: 4 Adopted: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2012 -07 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 10 A PORTION OF SECTION 28, TOWNSHIP 28 SOUTH, RANGE 29 WEST, SEWARD 11 MERIDIAN FROM C- CONSERVATION TO RR2- RURAL RESIDENTIAL TWO 12 13 WHEREAS, this unsubdivided portion Section 28, T28S R29W Seward Meridian is a strip 14 of land that sits between the Old Rendezvous site (portion of US Survey 2735) and the 15 Chiniak Highway; and 16 17 WHEREAS, the owners of the former Rendezvous site negotiated the purchase of this 18 additional land and are seeking to increase the acreage of their existing lot from 1.14 acres 19 to 2.56 acres and create a parcel that has frontage on to the Chiniak Highway; and 20 21 WHEREAS, this subdivision has been approved subject to both properties having the 22 same zoning district designation 23 24 WHEREAS, the 2008 Kodiak Island Borough Comprehensive Plan Update has identified 25 this area of Middle Bay for C- Conservation — 5 acre minimum parcels; and 26 27 WHEREAS, the commission's decision held that though the joining of these two pieces of 28 land falls short of the required minimum lot size in the Conservation zone, the density of the 29 area will not be increased by this action and there is public interest in the owner gaining 30 direct access to the Chiniak Highway; and 31 32 WHEREAS, the commission held a properly noticed public hearing on this request and is 33 recommending that the Assembly approve the rezone of the unsubdivided parcel identified 34 above From C- Conservation To RR2 — Rural Residential Two acres with an effective clause 35 that states this action will not become effective until a final plat joining these two parcels 36 (Case 511 -003) is filed and recorded. 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 39 BOROUGH THAT: 40 41 Section 1: This ordinance is not of a general and permanent nature and shall not 42 become a part of the Kodiak Island Borough Code of Ordinances; 43 44 Section 2: A portion of Section 28, Township 28 South, Range 29 West, Seward 45 Meridian is rezoned from C- Conservation to RR2 — Rural Residential Two. 46 47 Section 3: This approval will not become effective until a final plat joining the properties 48 (Case 511 -003) is filed and recorded. 49 Kodiak Island Borough Ordinance No. FY2012 -07 Page 1 of 2 50 Section 4: The findings of the Kodiak Island Borough Planning and Zoning Commission 51 are hereby confirmed as follows: 52 53 17.72.020 A. Findings as to the Need and Justification for a Change or 54 Amendment. 55 The rezones are needed to consolidate the zoning of two parcels that are proposed 56 to be consolidated by an approved preliminary plat. With the borough's GIS based 57 zoning system it is difficult to map multiple zones on a single lot where there are no 58 property boundaries to associate with the zoning boundaries. It is also bad policy to 59 allow individual lots with multiple zoning districts. The acquisition of C- Conservation 60 zoned land between the Chiniak Highway combined with a Portion of U.S. Survey 61 2735 (the Old Rendezvous site) moves the resulting site towards conformity with the 62 character of the surrounding area. The resulting parcel will more than double in size 63 to 2.56 acres with minimal change to the zoning and the lot will then have frontage 64 on the Chiniak Highway. 65 66 17.72.020 B. Findings as to the Effect a Change or Amendment would have on 67 the Objectives of the Comprehensive Plan. 68 The proposed replat in Case S11 -003 serves as the catalyst for these rezones which 69 will move the two parcels towards conformity with the overall character of the 70 surrounding area. The application of RR2 -Rural Residential Two zoning would not 71 allow future subdivision of the resulting lot and the list of permitted uses in the RR1 72 and RR2 zones are very similar. The petitioner has little chance of acquiring 73 additional acreage to create a five (5) acre site that would conform to the C- 74 Conservation zoning district. The RR2 zone therefore provides the best balance 75 between the character of the surrounding area and conformity with the 76 comprehensive plan designation for Conservation use. 77 78 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 79 THIS DAY OF 2011 80 81 82 KODIAK ISLAND BOROUGH 83 84 85 86 Jerome M. Selby, Borough Mayor 87 88 ATTEST: 89 90 91 92 Nova M. Javier, MMC, Borough Clerk. 93 Kodiak Island Borough Ordinance No. FY2012 -07 Page 2 of 2 Kodiak Island Borough sl `qN Office of the Borough Clerk t• 710 Mill Bay Road A 4. foc Kodiak, Alaska 99615 ' ^ - < Phone (907) 486 -9310 Fax (907) 486 -9391 njavier@kodiakak.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, September 15, 2011, at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on: Ordinance No. FY2012 -07 Rezoning an Unsubdivided Portion of Section 28, Township 29S Range 20 West Seward Meridian From C- Conservation To RR2 -Rural Residential Two Acres (Leisnoi, Inc.). If you do not wish to testify verbally, you may provide your comments in the attached public hearing form and fax it to (907) 486 -9391, Email to niavier@kodiakak.us or hand deliver to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on September 15, 2011. Comments favoring and opposing are encouraged. If you have any questions, please call 486 -9310. Attachments: • Public hearing form • Map • Ordinance No. FY2012 -07 Ordinance FY2012 -07 Rezoning fpii Unsubdivided Portion CQ Section Township gg Range 2213 IMO Seward Meridian From C- C- onservation TE1 RR2- Rural Residential Two Acres (Leisnoi, 0 0 / ,J Middle Bay impRev f 1 �� Q o , Subject Q Properties Kodiak Island Borough GIS System W: , — � E n , 0 1.200 2,400 4,800 7,200 9,60 t $ This map was prepared ?run the Kodlak Island Borough's GIS System. It is po forme purpose R showing Inc general lotat on of a property within tie Kodiak Island Borough. tuffs map does nct represent a svaey. More Informalon about taw mapping data can to (Unified try contacting taw Kodiak Island Borough IT *partner( at(907) 488-9333. PUBLIC HEARING FORM Ordinance No. FY2012 -07 Rezoning an Unsubdivided Portion of Section 28, Township 29S Range 20 West Seward Meridian From C- Conservation To RR2 -Rural Residential Two Acres (Leisnoi, Inc.). ❑ This is in support of the rezone. ❑ This is in opposition of the rezone. ❑ Other comments. Name: Residence Address: Mailing Address: Comments: Written comments may be submitted by email to niavierna kodiakak.us, fax to 907- 486 -9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, September 15, 2011. EFFECTIVE CLAUSE The rezones approved for Case 11 -027 and 11 -028 shall not become effective until the filing of a final plat as approved with conditions in Subdivision Case S11 -003. FINDINGS OF FACT C. 'i•'i! . • 1••1..•1'_ .c._i, • - ,.t•eo .ueidue t The rezones are needed to consolidate the zoning of two parcels that are proposed to be consolidated by an approved preliminary plat. With the borough's GIS based zoning system it is difficult to map multiple zones on a single lot where there are no property boundaries to associate with the zoning boundaries. It is also bad policy to allow individual lots with multiple zoning districts. The acquisition of C- Conservation zoned land between the Chiniak Highway combined with a Portion of U.S. Survey 2735 (the Old Rendezvous site) moves the resulting site towards conformity with the character of the surrounding area. The resulting parcel will more than double in size to 2.56 acres with minimal change to the zoning and the lot will then have frontage on the Chiniak Highway. D. Findings as o he effect a change or amendment would have on the obiectives of the comprehensive plan, The proposed replat in Case S11 -003 serves as the catalyst for these rezones which will move the two parcels towards conformity with the overall character of the surrounding area. The application of RR2 -Rural Residential Two zoning would not allow future subdivision of the resulting lot and the list of permitted uses in the RR1 and RR2 zones are very similar. The petitioner has little chance of acquiring additional acreage to create a five (5) acre site that would conform to the C- Conservation zoning district. The RR2 zone therefore provides the best balance between the character of the surrounding area and conformity with the comprehensive plan designation for Conservation use. ROLL CALL VOTE ON MOTION CARRIED 5 -1. The ayes were Alan Torres, Brent Watkins, Bill Kersch, Alan Schmitt, and Rick Vahl. The noe was Casey Janz. NEW BUSINESS COMMUNICATIONS A) Letter of Courtesy & Advisory re: unpermitted construction B) Appeal to the Assembly re: Case S11 -014 C) Letter of Courtesy & Advisory re: a junkyard in the R2 zoning district D) Letter of Courtesy & Advisory re: a fence encroaching on State Right -Of -Way E) Letter of Courtesy & Advisory re: fence encroachment on State Right -Of -Way and delivery of firewood and cutting of firewood on borough property STAFF REPORT Recommended motion: Move to accept communications as presented. VOICE VOTE ON MOTION 11. REPORTS A) Meeting Schedule: a August 10, 2011 work session at 6:30pm in the KIR Conference Room. o August 17, 2011 regular meeting at 6:30pm in the Assembly Chambers. 7/20/2011 P &Z Minutes Page 17 of 18 Old Business Item 8 A &B P &Z July 20, 2011 RECONSIDERATION M E M O R A N D U M Date: July 6, 2011 To: Planning and Zoning Commission From: Community Development Department Subject: Information for the July 20, 2011 Regular Meeting Cases: 11 -027 & 11 -028 Applicant: Jav Johnston, Case 11 -027 Leisnoi, Inc., Case 11 -028 Agent: Carol Pagano, Sec./Treas. — Leisnoi, Inc. Request: (Case 11 -027) A Reconsideration of a failed motion to 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 to 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; and, (Case 11 -028) A reconsideration of a failed motion to 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 Q 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. Location: 22077 Chiniak Hwy, Middle Bay (Case 11 -027); A Portion of Section 28, T29S R2OW, SM (Case 11 -028) Legal Description: A portion of U.S. Survey 2735 (Case 11 -027); A Portion of Section 28, T29S R2OW, Seward Meridian (Case 11 -028) Zoning: RR1 -Rural Residential One (Case 11 -027); C- Conservation Zoning District (Case 11 -028). COMMENTS Background At the June 15, 2011 regular meeting, the Commission failed two motions to recommend to the Borough Assembly that the two parcels in question be rezoned to RR2- Rural Residential Two Zoning District. These motions initially failed with 3 commissioners voting in favor of the rezones and 1 Commissioner voting against the rezones. The Commission's adopted by -laws (Article VI — Quorum and Voting Cases 11 -027 & 11 -028 Page 1 of 12 Old Business Item 8 A &B P &Z July 20, 2011 Requirements) states that "the affirmative votes of the majority (four) of the authorized members of the Commission are required to carry a question. When asked by the department secretary if there is a change of vote, two commissioners who were at first in favor of the rezone changed their "yes" vote to "no" in order to be on the prevailing side of the vote. The result of the change of vote did not change the outcome of the vote, but the commissioners who changed their vote made it clear during deliberations on the motion that their intent was to end up on the prevailing side in order to be able to have the motion reconsidered at a future meeting. After the final vote staff was asked the about the process to "reconsider" this vote. The direction to commissioners was to have a member who voted on the prevailing side to fill out the "reconsideration affidavit" found at the Borough Clerks Office by 5:00 P.M. the next day (June 16, 2011). Subsequently, the affidavit was signed by two commissioners and attested by the clerk's office. Copies of these affidavits are included in this packet. Note: Because your adopted by -laws do not provide any specific direction on how to proceed with a request to reconsider a commission vote, Article IX Procedure (B) of your by -laws states: In all matters of procedure not covered by rules adopted by the Commission, Roberts Rules of Order; Newly Revised (10� Edition) by Henry M. Robert, shall be applicable and shall govern (KIBC 2.100.150) These formal rules are provided for you in the appendix of this staff report. Reconsideration Motion The reconsideration process must be taken in two parts. The first order of business is to bring the main motion (that was defeated) back on the table for reconsideration, discussion and another vote. If that motion passes, the commission moves on to the second order of business and that is to vote on the main motion just as if the vote on June 15th did not occur. If the reconsideration motion does not pass the action taken at the June 15 P &Z meeting is upheld and confirmed. The commission will not need to take additional public testimony. That portion of the meeting has already occurred. In fact, the chairman closed the public hearing section of the meeting. That being said, there are no restrictions on the commission and each member has a right to debate the issue again regardless of the arguments made at June's meeting. For those Commissioners who were not in attendance for the June 15 work session, it is recommended that a review of that meeting (by listening to the recording of that meeting) to get an understanding of the issues posed by the public as well as knowledge about why your fellow commissioners voted the way that they did. That way, all commissioners are on even footing to address this case knowledgably if the case is brought back to the table for further deliberations Cases 11 -027 & 11 -028 Page 2 of 12 Old Business Item 8 A &B P &Z July 20, 2011 RECOMMENDED MOTIONS Motion #1 Reconsideration Motion — Case 11 -027 Jay Johnston A commissioner who signed the reconsideration affidavit makes the following motion: Move to reconsider the vote on the main motion made in Case 11 -027 made at the June 15, 2011 regular meeting. I voted against this motion. The Chair then states: A motion to reconsider the vote on the June 15 2011 vote on case 11 -027 has been moved and seconded. That motion reads: A motion to recommend a rezone from RR1 -Rural Residential One to RR2 -Rural Residential Two for a 1.14 acre parcel located near the Chiniak Highway in Middle Bay 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 Reconsideration Memorandum dated May 25, 2011 as FINDINGS OF FACT for this case. This motion can be debated and discussed before being voted upon. Motion #g Vote on the Main Motion If the previous motion is approved the Chair states: Now that we have approved the reconsideration of this case, I will entertain a motion on the main question. APPROPRIATE MOTION Move 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 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 Reconsideration Memorandum dated May 25, 2011 as FINDINGS OF FACT for this case. This motion can be debated and discussed before being voted upon. Cases 11 -027 & 11 -028 Page 3 of 12 Old Business Item 8 A &B P &Z July 20, 2011 /Notion #3 (Reconsideration Motion - Case 11 -028 l.eisnoi Native Corps A commissioner who signed the reconsideration affidavit makes the following motion: Move to reconsider the vote on the main motion made in Case 11 -028 made at the June 15, 2011 regular meeting. I voted against this motion. The Chair then states: A motion to reconsider the vote on case 11 -028 has been moved and seconded. That motion reads: Move to recommend a rezone from C- Conservation to RR2 -Rural Residential Two for a portion of Section 28, T29S, R20W, Seward Meridian, a 1.42 acre parcel generally located between the Chiniak Highway and a Portion of U.S. Survey 2735, 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 Reconsideration Memorandum dated May 25, 2011 as FINDINGS OF FACT for this case. This motion can be debated and discussed before being voted upon. Motion #4 Vote on the Main Motion If approved the Chair now states: Now that we have approved the reconsideration of this vote, I will entertain a motion on the main question: Appropriate Motion: Move to recommend a rezone from C- Conservation to RR2 -Rural Residential Two for a portion of Section 28, T29S, R20W, Seward Meridian, a 1.42 acre parcel generally located between the Chiniak Highway and a Portion of U.S. Survey 2735, 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 Cases 11 -027 & 11 -028 Page 4 of 12 Old Business Item 8 A &B P &Z July 20, 2011 Reconsideration Memorandum dated May 25, 2011 as FINDINGS OF FACT for this case. FINDINGS OF FACT Note: For your information, these findings are the identical ones found in the May 25, 2011 staff report Findings of Fact for Cases 11 -027 and 11 -028: A. Findings as to need and justification for a change or amendments. The rezones are needed to consolidate the zoning of two parcels that are proposed to be consolidated by an approved preliminary plat. With the borough's GIS based zoning system it is difficult to map multiple zones on a single lot where there are no property boundaries to associate with the zoning boundaries. It is also bad policy to allow individual lots with multiple zoning districts. The acquisition of C- Conservation zoned land between the Chiniak Highway combined with a Portion of U.S. Survey 2735 (the Old Rendezvous site) moves the resulting site towards conformity with the character of the surrounding area. The resulting parcel will more than double in size to 2.56 acres with minimal change to the zoning and the lot will then have frontage on the Chiniak Highway. B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan. The proposed replat in Case S11 -003 serves as the catalyst for these rezones which will move the two parcels towards conformity with the overall character of the surrounding area. The application of RR2 -Rural Residential Two zoning would not allow future subdivision of the resulting lot and the list of permitted uses in the RR1 and RR2 zones are very similar. The petitioner has little chance of acquiring additional acreage to create a five (5) acre site that would conform to the C- Conservation zoning district. The RR2 zone therefore provides the best balance between the character of the surrounding area and conformity with the comprehensive plan designation for Conservation use. Conclusion Should the commission approve the reconsideration, as stated in the motions, this action is a recommendation to the Borough Assembly to take under advisement as they deliberate the issues. Prior to this case e being taken up by the Assembly, public hearing notices will again be sent to adjacent property owners and another public hearing will occur at the future Assembly meeting. Cases 11 -027 & 11 -028 Page 5 of 12 Old Business Item 8 A &B P &Z July 20, 2011 Should the motion to reconsider, or the motion to approve the rezoning of these parcels fail and be denied, the Assembly can still "take up" the commission's action upon a request by the applicant within ten (10) days of the Commission's final action. Lastly, though staff has provided findings of fact for the instance that the rezone request is approved, should it be denied, it will be necessary for the commission to adopt findings of fact in the support of the denial. Cases 11 -027 & 11 -028 Page 6 of 12 Old Business Item 8 A &B tr/ P &Z July 20, 2011 RECONSIDERATION AFFIDAVIT I, 11 t en 4 L. LOa t . nS Planning and Zoning Commissioner, having voted on the prevailing side, file my intent to reconsider the vote taken at the Planning and Zoning Commission-, NO Regular Meeting of June 15, 2011 on Case No. 11 -027 a from RR1 -Rural Residential One t RR2 -Rural Residential Two for a Portion of U.S. Survey 2735,Wac arcel located near the Chiniak Highway in Middle Bay 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 cas- The applicant is Jay Johnston (11 -027). / / ' / r / c ae% Signature SUBSCRIBED AND SWORN to before me this 16 of June, 2011. ��� wi O 7j ��i • a Or g Q '. • ▪ _' E 'e • ▪ 4 s3/4. • • was, : ' • Public In and For Alask � M ommission Expires: (� I, ALA.-1 Cta^n t� , Planning and Zoning Commissioner, having voted on the A'S prevailing side, file my intent to reconsider the vote taken at th�e, and Zoning Commissio t ►• Regular Meeting of June 15, 2011 on Case No. 11- 027 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 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. The applicant is Jay Johnston (11 -027). • Signature SUBSCRIBED AND SWORN t ,Iemi this 16 of June, 2011. ` q KIT O q� i S : aO A R ' • • /, ,, ,• AP' s ' My Expires: F r Alaska ; � J/ � FILED with the Kodiak Island Borough Clerk's office this 16 day of June 2011. Aiii,SANT Cl o a 1 . Javier, MMC Boo .h Clerk Cases 11 -027 & 11 -028 Page 7 of 12 Old Business Item 8 A &B P &Z July 20, 2011 RECONSIDERATION AFFIDAVIT I, ren-1 C c 4.9a4L,v, s , Planning and Zoning Commissioner, having voted on the prevailing side, file my intent to reconsider the vote taken t the Planning and Zoning Commission Regular Meeting of June 15, 2011 on Case No. 11 -0283 rrfor om 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. The applicant is Leisnoi (11- 028). Signature SUBSCRIBED AND 5 V6tatti before me this 16 of June, 2011. ,# c . A• 1 3V /50 8LIC 'S , A I S*`\` , • a Public In and For Kaska t�fT(i i 0 v M ' ommission Expires: pi C� 1, (a LAA , Planning and Zoning Commissioner, having voted on the prevailing side, file my intent to reconsider the vote takenS the fflanning and Zoning Commission* ^ A,5 8fia Regular Meeting of June 15, 2011 on Case No. 11- 02 'r€i2'd'+le �om 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 511 -003, and to adopt the findings in the staff report dated May 25, 2011 as FINDINGS OF FACT for this case. The applicant is Leisnoi (11 -028). 1 Signature SUBSCRIBED AND SWORN tQ■tfftlpy this 16 of June, 2011. • • %`ny -"*••••••.... BUG S �1� 1' � // % AS S``\ My � ommbsson Expi�es UN{ ( FILED with the Kodiak Island Borough Clerk's office this 16 day of June 2011. Os I No . Javier, M C Bo •ugh Clerk Cases 11 -027 & 11 -028 Page 8 of Old Business Item 8 A &B P &Z July 20, 2011 j Kodiak Isl t ; i d rough / gacl Community Development Department �r.. 6(//31` 710 Mill Bay oad " 'OP � n� y Kodiak, Alaska 99615 - Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us June 16, 2011 Mr. Jay Johnston PO Box 2503 Kodiak, AK 99615 Re: Case 11 - 027. Request a rezone, in accordance with KIBC 17.205.030.0 (Manner of Initiation), ), to investigate the rezone of a portion of U.S, Survey 2735 (Old Rendezvous site) from RR1- Rural Residential One to 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. Dear Mr. Johnston: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on June 15, 2011 denied your rezone request cited above, but 2 commissioners have signed a Reconsideration Affidavit so your case will be on the July agenda under O1d Business. The commission will vote to see if they will re -take the vote on your case motion or if they decide to open it up for further deliberations or public hearing. If a new public hearing is decided upon the case will be postponed to the August Planning and Zoning agenda and be re- advertised. If the case is only deliberated anew the commission could arrive at a different outcome from this last meeting on June 15 If the request is approved the case will be automatically forwarded to the Borough Assembly for further review. If the case is denied you will have 10 calendar days in order to ask the Assembly to take up the commission's action as explained below. According to KIBC 17.205.055.B: If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. For clarification, that 10 calendar day period begins once the commission has approved their Findings of Fact on the case. Should you choose to elevate the Commission's decision to the Borough Assembly after the reconsideration is decided, a $350.00 fee is required along with your written statement. Page 1 of 2 Cases 11 -027 & 11 -028 Page 9 of 12 Old Business Item 8 A &B P &Z July 20, 2011 Should you have any questions about the procedure, please call the Community Development Department at 486 -9363. Sincerely, Bud Cassidy Director CC: Rick Gifford, Manager Nova Javier, Borough Clerk Cases 11 -027 & 11 -028 Page 10 of 12 Old Business Item 8 A &B P &Z July 20, 2011 • ** * ,,;%;; Kodi"k Island I ®rough * * c „: Community Development Department Y ,%1" ' 710 Mill Bay Road 3 4'Ili1 rc '¢ r' „ Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us June 16, 2011 Carol Pagano 711 H Street Anchorage, AK 99503 Re: Case 11 -028. Request 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. Dear Ms. Pagano: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on June 15, 2011 denied your rezone request cited above, but 2 commissioners have signed a Reconsideration Affidavit so your case will be on the July agenda under Old Business. The commission will vote to see if they will re -take the vote on your case motion or if they decide to open it up for further deliberations or public hearing. If a new public hearing is decided upon the case will be postponed to the August Planning and Zoning agenda and be re- advertised. If the case is only deliberated anew the commission could arrive at a different outcome from this last meeting on June 15` If the request is approved the case will be automatically forwarded to the Borough Assembly for further review. If the case is denied you will have 10 calendar days in order to ask the Assembly to take up the commission's action as explained below. According to KIBC 17.205.055.B: If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. For clarification, that 10 calendar day period begins once the commission has approved their Findings of Fact on the case. Page 1 of 2 Cases 11 -027 & 11 -028 Page 11 of 12 Old Business Item 8 A &B P &Z July 20, 2011 Should you choose to elevate the Commission's decision to the Borough Assembly after the reconsideration is decided, a $350.00 fee is required along with your written statement. Should you have any questions about the procedure, please call the Community Development Department at 486 -9363. Sincerely, pC Bud Cassidy • Director CC: Rick Gifford, Manager Nova Javier, Borough Clerk Cases 11 -027 & 11 -028 Page 12 of 12 Public Hearing Items 7 -E & 7 - Request: I o rezones, according OD KIBC 9x.205.030 glap Image Overlay ilIkib lfirGotli Initiation), Qt investigate Da rezone CQp portion fP 1 c o0 0247 C Q NJefl. l€ " Rendezvous �DfromMO.Rural Applicant: c Johnston (0247) Residential �f RR2-Rural Residential Two; EEO Applicant: Leisnoi, (028) ` ° investigate f rezone JJ unsubdivided portion c2 Section go Township South aid Range � g Seward Meridian, from C- Conservation OD RR2-Rural Residential Two i. 1,y - 44 . Vskr 11 1I } 1,, i e °` u nr ¢ 4 ' '7 w r A ' . r. i a 4 k W 1 k a . 47, 2, < f � r . , r .. t} f a M ; 'r k . fK' _ 't. t �' -- ' P L #ic ' . J � `. �. �'�"� `� ✓��y� .'� tai `+'. v l '..t r .ry ¢ `` T " ': `$ ' ..?.• * � > P" o .. . .1. , rry.,„,410:04,5 , 4: d #"‘ Y ` a � ri 'J 5 a >r r'1� i r I : r F U fi ri . .1 e r n s _ J„ > ' ' , +4 '`{ .. - {-., 4 - i k a T •P t .. r . Fir l'S ,$ 4 Iv y` 5 s ,rte rvY -- ys Ji 8 . Y x u arse ' L � ! y� '� rs ly a � .. ... ■ yj� T l ,. • ' � x , aett.h, e ? • '�� vi _r^_ ^eye 4 i J "`F t i1 J z R y 't. �rlut.j � •.� " � c„,749-, kr . .Rr * 3 x ‘. i all as 15 i°F -L.' a ,r74,74q 'x` ' q i ,r, ,, f 4 e_ y - .3 � t ' .r+^ � - s crip s ( , tom_. .a 71 ,'" - � ' � fl - _ _ Kodiak Island Borough GIS System N aft l le ( 1 . 0 95 190 380 570 760 Feet S This map was prepared from the Kodiak Island Borough's GIS System. It is provided for purpose wi Uti a md in the Kodiak Island Borough This map does not represent a survey. More Infor mation aboutthe mapping data can be ob tained by contact sho ng ng the e Kotl general Islantl lora Borou of gh p IT pe Department y w at (907) 486 -9333 Introduction - Page 1 of 6 Public Hearing Items 7 -E & 7 -F I _I L t i ,A-� I J V� �� i. "* � (r n hi " 11 ins jam)lr )� i I1 I � L 11 �I �� 1, L \ :9 a ._ � ��, _ .., ._ . . 1 (1 I r �� I r_____, J ' v�1� 1� J I = J © L! _ LC Introduction - Page 2 of 6 Public Hearing Items 7 -E & 7 -F er K r, ` Request: rezones, according ; 977 205.030 Location CQ Initiation), to investigate I nom rezone de) portion ff S `e 02776 , -` d a brow R76Z @ad Rendezvous OD from mil= Rural Applicant: Jay Johnston (029) Residential ii pQj RR'2 -Rural Residential Two; ffild OD Applicant: , Leisnoi, a. Okla (028) investigate (p rezone d unsubdivided portion CO Section Township? ° South aiti Range 10 t Seward Meridian, from C-®onservation m RR•2- Rural Residential Two 0 P,,- r ja IF i Middle Bay e o f 0 1 U 0 o al di P °Ili I I I r 0 o Subject Properties I ,440 1 ° ., . Kodiak Island Borough GIS System W �; ' 0 1,200 2 4 7 9 V I. E eat S This map was prepared from the Kodak Island Borough's GIS System. It a provided for the purpose of showing the general location of a property within the Kodak 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 3 of 6 Public Hearing Items 7 -E & 7 -F : ;1 J /C /—1 n in iJ u Kc; ! ! L. ! G J Co 1 J . CTh (6,1 it f� 1/K u L I Introduction - Page 4 of 6 Public Hearing Items 7 -E & 7 -F _: Kodiak Island Borough Zoning Map y . F •ibt- Community Development Department N. Request: o rezones, according QD KIBC 9x.205.030 (c (Manner CO Initiation), in investigate tip rezone die) portion &One Zoning CO Q ((CE Rendezvous CO from M. Rural pt3Y3 ease 0(11 -027 d 028 Residential Owe OD RR-2-Rural Residential Two End t Applicant: c fty Johnston (027) investigate 'kg rezone €QEfii) unsubdivided portion CO Section Applicant: Leisnoi, IM (028) Township South aid Range amts. Seward Meridian, from C- Conservation m RR2 -Rural Residential Two. 0 625 1,250 2,500 I r 1 1 1 t t r Feet N . 4 WI gh 11411 1 I g I 0 411 EH il i iiii Ir lAW 1 14 V . p Subject Properties Zoning Legend Public Use Lands I I Rural Residential 1 Multi Family Residential ® Light Industrial �� Watershed IIIIII■ Rural Residential 2 [ I Business I Rural Neighborhood Commercial Conservation Single Family Residential I Retail Business Urban Neighborhood Commercial I Rural Residential Two Family Residential I Industrial Natural Use This map was prepared from the Kodiak Island Borough's GI5 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 infonnaeon about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907)486 -9333. Introduction - Page 5 of 6 Public Hearing Items 7 -E & 7 -F I: nL a ri , I L C(111S) P, F -1 [ . if -1 pl ft 1:3) r (7--Th ryTh CM, 1 i pp ' d L Introduction - Page 6 of 6 Public Hearing Items 7 -E & 7 -F 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. k odiak. a k. us Applicant Information 22077 rhW,tnkj -ko j Property Information Property ID Number /s 4- dJrerna 0 Property owner's name p "6 . 2503 V5S SO42.1I421 z Legal Description Property owner's mailing address de ,0 i . A / ` • Current Zoning: �. City tale ? Zi Applicable Comprehensive Plan: - 4660— 3S1& — 3 90t:; Year of Plan adoption: Home phone / / Work Phone E -mail Addr. Present Use of Property: Agent's name (If,ap" plicable) Agent's mailing address / ` i � Proposed Use of Property: i t v ' City z State Zip s R , 2 ' �— . .,. .. —, ( -: 1. j ot t -J i t.) Cr-- Home phone Work Phon E -mail Addr. vs ��) � = i . most _.w (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification 1 hereby certify as the property owner /authorized agent that this application for Planning and Zoning Commission review is true and complete to the best of my knowledge and that it is submitted In accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plan' for variance and conditional use requests and which may i • nclude optional supporting documentation as Indicated below. - Additional Narrative/Hi t. - As -built Survey _ Photographs / / _ Maps _ Other Property Ow •r' :nature a te Au rized Agent's Signature Date • I A develop ent 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 Code Section(s) Involved: l 7. 2 p S Variance (KIBC 17.66.020) $250.00 ..:............ Conditional Use Permit (KIBC 17.67.020.6) $250.00 h:: y1, ::•.;...:.:...b. Other (appearance requests, site plan review, etc.) $150.00 l... , Zoning change from r('/ to .eZ (KIBC 17,72.030 and 030.C)* I APPli re ived by: Staff signature t I - 027 MAY 0.2 2011 • G V /, /,mss Applicat - P K g di dsla�ntl Borougfr S -1 -1 � Finance npnartman+ c -t S4t!, Public Hearing Items 7 -E & 7 -F r Ir - I T ,, 1-- I I LI _____I ° I Li i r ) o _� Application - Page 2 of 10 I \ • ° r 'h 1 �"" - mo w-' 1 OMiE (SHp *mom /f ' J. I �' i� U 3 • 1 I iwumr. <rb...•,. ........ :rr3y_� „ I �S U R V E Y 2 >> na� p p � • /I. ...: . YI. �' TRACT • .fJAI. 1 r A 1r. If r 1 ...... m ... .. , •..............,.......... a ..h T , ( .� .. ,r. B I ....':» o mra.r ..m+, web ...t.,4:0...; R •' / p � 91.. I _ , °al ... ,..._ I ""1". .°r" a.ww.eross .wmmt { 'h^ r f 1 67 1 ' jt_ M• •' TOTAL ACREACL 1 I I ,, j \ ry _ tab.( t. sit J0.773 ACRES 1 III VA �� £` •mm �. s �� , �� VINCINITY MAP ABB,23D.R Sp. FT. i I I OO o Ida la 1m.,r j • I I T • C T Sr- " a ea NOTARY ACNNOWLEDCIkNT m D mma SURVEY >.0 m...a.+. .. I I / C ) : 4 i . g � 4'/ moon a. RI•r__ar. if � � wi'.�,°s"AI'as M n.' n I / / J / ���',R ° 1 . A tit U- .,,, - ?. SOWN ONE /� ""'^^4YY' iJ 4� k F I F p yen NI t: DI �!».N I 4 di 0 'r �tlAr ' -- ~f ) b�»• 1 r:N) 4 \ N \`�, r —] (�} 1-� IO..Rvw• 1 IC ,tD I I 1 / n 1 a, / -2 ° 1 } R e R I , n . i i ` �oKm^ n•. NI Ili ' . ' U s aq' »f UX RC12 I' } / I I �/ , ^ i i •i rye » . •r frl1 ))aJ b ®C£ReFni�u•'. /Y r i �� • I 1 1! �� . r. ]O' kyl I ` \, �I x � � •® .V / '1 / 1 c w IL IM -• 'In iL• W I bI. M. ACRES 1 ao D • SAY-- 4 � n y� S \_ ., .u r l I'l l d •1 ur. R.rrft, NAT APPROVAL em eb 6 Q I; 1, Y - O. b.1/ I I ' Ram be Rae toe ' � Y S Army I meta .m0 M®•Cm•WS, t n _ I Mk!! •\ C 9 � �e.MOn,a /9rv6 ORMOZoapp le IR 07.11180 J� Ia Rit111-0 NK ®MONO Itaa / / I / l / , I' a \ 6S Ba� t�b• = i LICOZND D 41 T tN.MIN w - \ - / I i /" �Oi \ __1'ty_--- • ramp aDN. - o CAP \ . 41111, � , p N � "°" : a. N ' 4 P i•; t e \ 41 meow "'rte- �I'rL_ : w . ; c • rams , -Rh w.w,u. w \ , A t /.O 73 -CI ,• ."/r, �,.r ,.. . . or . `L / / C ..�.r ....A .�D • Q�; ' 4 m :. �# �Jt-P'Q' ;;1>` -°•. II 7 Eli COMO 3-1/4 Sins UP Q ANpA ' \- .:: s NDIT! 1 CEIv. CREATING KOStO,[D Minn i R I IS R O p Iltl "yv� i [ "9Ku! WS tor + � ll.1 r e A V PORTION OP U.S. warn / TM (DX. 2. PC. Adr) f m A It A STIR fl 4 S K MIMEO By L R Y - `� AND I sg; p 29 D U tI S 1 cr Rsr m T. MAO TO All \ .'r°r^!r°'�+� TDNNSx /r 11 s /vTR, PANGS 20 Dlsr 0. 3 r$ COCOONS. SOMNp('i 4f<rIMR, NvIN,W Iq OI3GYI \ MUD YlR/DGN .I .•..1 M. RISINICMM'S AND ROHM d MAY or rFfA110. NAY(T PREPARED POE ADDIAK m IOPN,NrO WYE A � »_D - "-ta 0 - r " '• 'Cr DRAWS In' Mint KODIAK IL4Sta ONUS ‘C __ __, ••• . •.O. 0011 JO• MOCWI. M••■• MIS it Public Hearing Items 7 -E & 7 -F May 18, 2011 Kodiak Island Borough Community Development Department Planning and Zoning Commission 710 Mill bay road Kodiak, Alaska 99615 Dear Commissioners, I have written this letter to help support the request for rezone cases #11 -027 and #11- 028. My wife and I purchased the property in the case 11 -027 at 22077 Chiniak Hwy and at the time, developed an easement for legal access from the highway. Shortly after that we began negotiations with Leisnoi Inc to purchase the property as described in case #11- 028 to insure that no one would ever build between us and the highway. It has taken since 1993 for Leisnoi to get clear title to this property so they could sell to us. This commission rejected our previous request to rezone Leisnoi's property to RR I believing that this would lead to increased density in a "C" Conservation zone. These two rezone requests to RR2 will allow us to make this purchase actually reducing the current density without allowing the possibility for subdivision. Our lot is currently RR1 and 1.14 acres. By allowing these rezones the borough will end up with a larger lot ( 2.56 acres ) closer to "C " zoning size than our existing RR1 Ioi. Please consider allowing these rezones, as the result will reduce density in the area without changing the characteristics of the use. Sincerel ,� a • nstr Stephanie Love SCIIIMIE _ Li MAY 2 p 2011 COMMUNITY DEVELOPMENT DEPARTMENT Application - Page 4 of 10 Public Hearing Items 7 -E & 7 -F ',--/----- - 8 1 l_ 1? Ca [ .J !. f [ nts 1 flth _ __ : L, iri) I D O r ( Application - Page 5 of 10 Public Hearing Items 7 -E & 7 -F May 02 11 10:06e Clarion Fax 9074863909 p • KODIAK ISLAND BOROUGH - COMMUNITY DEVELOPMENT DEPARTMENT 710 Mil Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 466 -9363 - FAX (907) 466 -9396 • www us Applicant Information Property Information L. .� 1 5do J / Property ID Number /s poasp 1 o ♦ C 3 [� Property owners name !+r V - 7 ! I 14. S , R.QCTa 2 'T2� � / 1 - 2-1,C !� �? v/, ? c ilo4,04 mail Legal Description / Property owner's marling address An 4. �/ - 994 Current Zoning: C — fek•r/cJ-r r i f City v / Stale Zip Applicable Comprehensive Plan: 4 &O -4e)(9 - ¢ 21) Year of Pion adoption: ` 1 Home phone Work Phone E -mail Addr. . Present Use of Property: V 4 4477 “ o ng,yd /I Agent's name !If applicable) • • Agent's mailing address , Proposed Use of Property; • City State Zip �t W- 4 R 7 V7) • / Home phone Work Phone E -mail Addr. /.t►'! LJs '- Are .� (Note: Use additional sheets, If needed, to provide a complete description of me proposed request) • • Applicant Certification • l hereby eerti.5r as the property own edeuthorized agent that this applied don for Planning and Zoning Commission review is true and cemp!ete to the best of my knowledge and that It is submitted in accordance with the requirements of the appdcable 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 be low. • L y4 i L? idonal Narrahve/Hisiory As -buih Survey : Photographs ps _ Other �"' 2 it �fIfi it t z r • Property Owner's Signatu • Cate Atr Ag> "rgn -re Date I 'A development purl for one or more lots on which is shown the existing and proposed conditions of the Jot, including topography, vegetation, drainage, food plains, wetlands, and waarways: landscaping and open spaces; wag :ways; means of ingress and egress: • circulation; unary ser4tes: s7uctures and buildings; signs and lighting; berms. buffers, anc screening devices: surrounding deralapmerd: - , 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 1.1ustratea Book of Development Deinitions, ®1993 by Rutgers University) • STAFF USE ONLY i PAYMENT VERIFICATION I Ccde Section(s) Involved. 77 ZOS' • Variance (KIBC 17.66.020) 5250.00 _ Conditional Use Peal (RISC 17.67.020,8) 5250.00 I Other ( appearance requnts, site plAnayiew, etc.) 1150.00 I �( - ✓ Zoning change from C I to A" (MSG 17.72.030 and 03C.Cy ADPliceti tics v ; by: _ • ,, Staff signature • I 1 - 02 •C � /r 4'7, e'eeS MAY kk 2 11 2011 Q SRSO 5 - Z -II Kodiak Island Borough C3c S4 6 j Finance Department Application - Page 6 of 10 Public Hearing Items 7 -E 8 7 -F P a o Fin r 11 r i r r Ki- p L I\ f i -: Th riFTh Application - Page 7 of 10 ac y, i, wits v•SYry »o we 800 a. No ps..wns uwlp IS va.• Ann, Nr.aal H ;,r au n rb nowt .0( . :.3hos [ 0104 - 0L -01 . LN RAM JIN.Mdf[S W. NOISNbW A• ^ \ S K. 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I .-f j/:: mtl 10lI CYY YEYl 0 904 Y. � I1f01001 1 I / 3: ' - ; 4 ill03.351 4AHStl3NY I _ { T • 1 _ 1; Public Hearing Items 7 -E & 7 -F May 18, 2011 Kodiak Island Borough Community Development Department Planning and Zoning Commission 710 Mill bay road Kodiak, Alaska 99615 Dear Commissioners, I have written this letter to help support the request for rezone cases #11 -027 and #11- 028. My wife and 1 purchased the property in the case 11 -027 at 22077 Chiniak Hwy and at the time, developed an easement for legal access from the highway. Shortly after that we began negotiations with Leisnoi Inc to purchase the property as described in case #11- 028 to insure that no one would ever build between us and the highway. It has taken since 1993 for Leisnoi to get clear title to this property so they could sell to us. This commission rejected our previous request to rezone Leisnoi's property to RRI believing that this would lead to increased density in a "C" Conservation zone. These two rezone requests to RR2 will allow us to make this purchase actually reducing the current density without allowing the possibility for subdivision. Our lot is currently RRl and 1.14 acres. By allowing these rezones the borough will end up with a larger lot ( 2.56 acres ) closer to "C " zoning size than our existing RR 1 lot. Please consider allowing these rezones, as the result will reduce density in the area without changing the characteristics of the use. Sincere' • aster Stephanie Love • • TIECEIIB LJ _L MAY 2p 2011 COMMUNITY DEVELGPMENT DEPARTMENT Application - Page 9 of 10 Public Hearing Items 7 -E & 7 -F L— J i__ fl_. 11 S IH l _ � c..? (:), ,:), : I n - rt t r ir'i ir-- ri- (r-D i 1 Kc./7 H ' HI '_ L [I a i [ 1 9 , Bl Application - Page 10 of 10 Public Hearing Items 7 -E & 7 -F Request a rezone, according to KIBC 17.205.030 (C) (Manner Current Location of Initiation), to investigate the rezone of a portion of U.S. 22077 Chiniak Hwy Survey 2735 (Old Rendezvous site) from RR1- Rural Residential One to RR2 -Rural Residential Two, for a parcel of P & Z Case 11-027 land 1.14 acres in area. This parcel, if rezoned, will be Jay Johnston combined with an adjacent parcel to create a single 2.56 acre RR2- Rural Residential Two zoned lot. : N / v---Z- III CI Kodiak Island Borough GIS Legend ^ a �� Feet I Subject Parcel W �� E °_': 0 650 1,300 2,600 ® Notification Area � 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 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 8 Public Hearing Items 7 -E & 7 -F KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 May 5, 2011 Public Hearing Item 7 -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, June 15, 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 thc following request: CASE: 11 - 027 APPLICANT: Jay Johnston 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 RRl- Rural Residential One to 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. LOCATION: 22077 Chiniak Hwy, Middle Bay ZONING: RRl -Rural Residential One 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 thc space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, May 31, 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 your comments to ssmith @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 -47S -5736. One week prior to the regular meeting, on Wednesday, June 8, 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 8 Public Hearing Items 7 -E & 7 -F TODD HINER MARILYN L. GUILMET LIVING JAY JOHNSTON P.O. BOX 671 TRUST PO BOX 2503 KODIAK, AK 99615 P O BOX 625 KODIAK, AK 99615 KODIAK, AK 99615 NATHANIEL\VALES ETAL LEISNOI, INC P 0 BOX 1786 2713 N. 63RD ST KODIAK, AK 99615 MESA, AZ 85215 Public Comment - Page 3 of 8 Public Hearing Items 7 -E & 7 -F F \ 1 s 1 L ) C?" (?--------) n 17 L it Li l ) 9 Lan _ � Public Comment - Page 4 of 8 Public Hearing Items 7 -E & 7 -F Current Location Request rezone, according to KIBC 17.205.030 (C) (Manner Portion of Section 28 of Initiation), to investigate the rezone of an unsubdivided T29S R2OW Seward portion of Section 28, Township 29 South and Range 20 West, Seward Meridian,from C- Conservation to RR2 -Rural Meridian Residential Two, for a parcel of land 1.42 acres in area. P & Z Case 11 -028 This parcel if rezoned will be combined with an adjacent lot to Leisnoi create a 2.56 acre RR2 — Rural Residential Two zoned lot. N 7/ / 1 plIM 11:: Subject Parcel .. icL -) . CD Kodiak Island Borough GIS e �� r-- a Legend w F : +°'L Feet '� o 500 000 t 2,000 Notification Area s This map was prepared from the Kodak Island Borough's GI5 System. It Is provided for the purpose of showing the general locator) of a property within the Kodak 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 5 of 8 Public Hearing Items 7 -E & 7 -F KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486 -9363 May 6, 2011 Public Hearing Item 7 -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, June 15, 2011. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 11 - 028 APPLICANT: Leisnoi, Inc. AGENT: Carole Pagano REQUEST: 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. LOCATION: Portion of Section 28, T29S R2OW, Seward Meridian ZONING: C- Conservation This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. if you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm on Tuesday, May 31. 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 your comments to ssmith 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, June 8, 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 6 of 8 Public Hearing Items 7 -E & 7 -F MARILYN L. GUILMET LIVING TODD1-IINER WILLIAM WREN TRUST P.O. 130X 671 P 0 130X 8284 P O 130X 625 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 PAUL PENA JAMES GRAHAM NATHANIEL WALES ETAL PO ROX 1966 P 0 130X 3147 P 0 BOX 1786 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 LEISNOI, INC 2713 N. 63RD ST. MESA, AZ 85215 Public Comment - Page 7 of 8 Public Hearing Items 7 -E 8 7 -F r.: 1 Pr S LI D _..z_ r ,, 1 it r(---t-, 0 7- r ri 1 . 1 na©a (r ,--.) r ir r -, Thl L I _ Ls L, \.__._,::: L i d C) h 7 cl u u L (11, L[ , J L Public Comment - Page 8 of 8 Public Hearing Items 7 -E & 7 -F MEMORANDUM Date: May 25, 2011 To: Planning and Zoning Commission From: Community Development Department Subject: Information for the June 15, 2011 Regular Meeting Cases: 11 -027 & 11 -028 Applicant: Jay Johnston, Case 11 -027 Leisnoi, Inc., Case 11 -028 Agent: Carol Pagano, Sec./Treas. — Leisnoi, Inc. Request: (Case 11 -027) 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 to 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; and, (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. Location: 22077 Chiniak Hwy, Middle Bay (Case 11 -027); A Portion of Section 28, T29S R2OW, SM (Case 11 -028) Legal Description: A portion of U.S. Survey 2735 (Case 11 -027); A Portion of Section 28, T29S R2OW, Seward Meridian (Case 11 -028) Zoning: RR1 -Rural Residential One (Case 11 -027); C- Conservation Zoning District (Case 11 -028). Five (5) public hearing notices related to Case 11 -027 were mailed on May 5, 2011. Seven (7) public hearing notices related to Case 11 -028 were mailed on May 6, 2011 Date of site visit: No Site Visit Conducted — Borough GIS Consulted Zoning History: These parcels were zoned C- Conservation in 1977 as part of KIB Ord. No. 77 -15 -0. The Portion of U.S. Survey 2735 was then rezoned from C- Conservation to B- Business in 1983 (Case 83 -134). This same parcel was then subsequently rezoned from B- Business to RR1 -Rural Residential One in 1993 (Case 93 -031). Staff Report - Page 1 of 8 Public Hearing Items 7 -E & 7 -F Lot Size: Parcel 1, Case 11 -027 1.14 acres Parcel 2, Case 11 -028 1.42 acres Existing Land Use: Parcel 1- Single- family Residential Parcel 2 - Vacant Surrounding Land Use and Zoning: North: Tract C -1, U.S. Survey 2735 Use: Single- family Residential Zoning: C- Conservation South: Unsurveyed portion of T29S, R2OW, Seward Meridian Use: Chiniak Highway/Vacant Land Zoning: C- Conservation East: Portion of Lot 1, Section 28, T29S, R2OW, Seward Meridian Use: Vacant Zoning: C- Conservation West: Portion of Tract C -1, U.S. Survey 2735 Use: Single- family Residential Zoning: C- Conservation Comprehensive Plan: The 2008 Kodiak Island Borough Comprehensive Plan identifies this area as Conservation land. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: Title 17 Zoning KIBC 17.10.020 Reference and use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. The applicable comprehensive plan is the 2008 Kodiak Island Borough Comprehensive Plan Update. KIBC 17.205.030 Manner of initiation. Changes in this title (request for a rezone) may be initiated in the following manner: A. By petition of one (1) or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development department, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. Staff Report - Page 2 of 8 Public Hearing Items 7 -E 8 7 -F KIBC 17.205.055 Submission to assembly. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment; its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. 17.205.020 REPORT FROM PLANNING AND ZONING COMMISSION. The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner in which such change is initiated and such report shall find: A. Findings as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and C. Recommendations as to the approval or disapproval of the change or amendment. Coastal Management Applicable Policies 4.4 Enforceable Policies Staff has not identified any enforceable policies of the adopted coastal management plan that would be applicable or relevant to this request. COMMENTS The owner of Parcel 2 in this case (Leisnoi, Inc.) is willing to sell a 1.4 acre portion of C- Conservation zoned land located adjoining Parcel 1, a Portion of U.S. Survey 2735. Parcel 1 is currently 1.14 acres in size and is historically referred to as the "Old Rendezvous" site. Since 1993 the Old Rendezvous site has been zoned RR1 -Rural - Residential One and has been redeveloped for single - family residential purposes. The owner of the Old Rendezvous site (Parcel 1) wishes to acquire from the owner of Parcel 2 a 1.4 acre parcel located between their lot and the Chiniak Highway in order to have a larger site that includes Chiniak Highway frontage rather than an access easement to the road. The owner of Parcel 1 has submitted an abbreviated plat and obtained preliminary approval to acquire and consolidate Parcel 2 with Parcel 1, however the preliminary plat approval (Case S11 -003) requires a condition of approval that both parcels be combined into one zoning classification. It is best if the resulting parcel can be remain in a conforming zoning district and split -lot- zoning can be avoided as a result of this planning action. Hence the need for this rezone request. Staff Report - Page 3 of 8 Public Hearing Items 7 -E & 7 -F A similar case (Case 11 -017) was previously submitted requesting to rezone what staff is referring to as "Parcel 2" in this report. This case was denied a rezone from C- Conservation to RR1 -Rural Residential One by the Planning & Zoning Commission at the February 16, 2011 regular meeting. The petitioners have now submitted two new cases requesting the rezone of two adjoining parcels in the RR1 -Rural Residential One and C- Conservation zoning districts to a common zoning of RR2 -Rural Residential Two. The petitioner's goal remains the same however, which is to join the two parcels together as a single parcel as indicated in the abbreviated plat for subdivision Case S11 -003. A condition of approval from that subdivision review requires the petitioner to reconcile the two disparate zoning districts into one common zone before the plat can be granted final approval. In Case 11 -017, staff had recommended RR2 zoning as the best compromise to apply in this situation. This recommendation was made because the end result of the consolidation would not be a five (5) acre lot that would conform to the C- Conservation zoning district, but it would get the property closer to the five (5) acre lot standard in the surrounding area. In addition, the application of RR1 -Rural Residential One zoning as requested in that original case could have allowed for re- subdivision to occur in this area, which could be viewed as incompatible with the Conservation designation applied to this area by the 2008 Comprehensive Plan Update. The RR2 zoning district has a list of permitted uses very similar to the existing RR1- Rural Residential One zoning district that now applies Parcel 1. RR2 zoning would be more appropriate to the combined lot resulting from the consolidation of parcels 1 & 2 because it has a two (2) acre lot minimum size and it would not permit further subdivision of the resulting lot. As indicated in the report for Case 11 -017, staff will continue to recommend the RR2 zoning district as the best zoning recommendation for this case. Although the rezone requests for Parcel 1 and Parcel 2 were made in two separate applications, staff will be addressing both cases together in one staff report. In addition, staff will provide two separate motions, one for each case, however it will be up to the commission whether they want to hold two separate hearings or one combined public hearing for both parcels. So long as the commission gives each case appropriate consideration it is a matter of discretion how the commission wishes to deal with these cases procedurally. Staff sees these cases as being inextricably linked together and will suggest an effective clause that will ensure they remain linked both from the zoning perspective and the subdivision perspective. CONFORMANCE WITH THE COMPREHENSIVE PLAN: Comprehensive Plan Staff typically recommends, and KIBC 17.10.020 requires, that the commission give due deference to the recommended land uses described in the most recent comprehensive plan update. In this case however, staff sees in the 2008 Kodiak Island Borough Comprehensive Plan Update that there is a recommendation for residential (Conservation) land use in this general area which cannot easily be applied to the subject parcel. This is because the combined lot approved in platting case S11 -003 will Staff Report - Page 4 of 8 Public Hearing Items 7 -E & 7 -F only total about 2.4 acres, which is substantially less than the five (5) acres minimum lot size required in the C- Conservation zoning district. That said, the Old Rendezvous site has long been considered a unique case given the history of the site as an eating and drinking establishment. This history goes back to a time before zoning rules and regulations applied in this area. In 1983 the site was zoned B- Business in recognition of the Old Rendezvous commercial use of the site. When the Old Rendezvous burned down the site was purchased and converted to a residential use. Because single - family residential use is not by itself a permitted use in the B- Business zone, the approximately one (1) acre site was rezoned to RR1 -Rural Residential in order to make it a conforming use on the lot. While it may not be possible to continue the C- Conservation zoning for Parcel 2 after it is combined with Parcel 1, it is possible to make a compromise by balancing the constraints of surrounding property boundaries and road right -of -way with the Conservation designation in the adopted plan. Staff believes that the RR2 -Rural Residential Two zoning district would more closely conform to the intent of the Residential /Conservation designation under these circumstances, The list of uses permitted for both RR1 and RR2 are quite similar except that the RR2 zone has a minimum lot size requirement of two (2) acres. A rezone to RR2 would ensure that the density of the area is maintained at a level closer to one (1) dwelling unit per five (5) acres by restricting the proposed new lot from ever being re- subdivided. For this reason staff recommends the RR2 zoning be applied to Parcels 1 & 2 in this case. This zoning district would ensure that the resulting site continues to be appropriate for one (1) dwelling unit on 2.5 acres which is closer to the residential density required in the C- Conservation zone. ZONING /USE: The general area is zoned C- Conservation. Most of the surrounding lots are larger than the minimum five (5) acres required in the C- Conservation zoning district although there are several more recent lots that are just five (5) acres in size. The exceptions are the RR1 zoned parcel for the Old Rendezvous site and an un- platted parcel along the highway (zoned C- Conservation) that is only 3.02 acres in area. An alternative might be to rezone the proposed subdivision lots to C- Conservation. This would require a variance instead of a rezone and would be difficult to meet the variance standards because this is about a use change not a dimensional or density adjustment. In addition to allowing Conservation uses on a lot only half the minimum size required in the C- Conservation district, it would also hamstring the lot with a nonconforming status under KIBC 17.140 (Existing Nonconforming Uses and Structures). Increasing the size of existing developed lot moves towards conformity with the plan description, however, and should be encouraged. At least one property owner has contacted staff to express concerns about the potential for fireworks stand use in the RR2 zone which is allowed as a conditional use. Staff would note that the use is already permitted as a conditional use in the existing RR1 zoning district which applies to Parcel 1. Nevertheless, staff can see where this use could encourage the proliferation of fireworks in the surrounding area even though Staff Report - Page 5 of 8 Public Hearing Items 7 -E & 7 -F typically they are not allowed to be fired in close proximity to the fireworks stand itself. This concern is particularly aimed at the apparent conflict between fireworks use and the negative impact the use has had on agricultural livestock being raised and grazed in the surrounding agricultural lands. Because the RR1 and RR2 zones are so similar, it's not like a new use is being introduced in the area. At the bottom line the petitioner really just wants to increase the size of their residential site and have some ownership of frontage along the Chiniak Highway. Given that fireworks stands are a conditional use, there would not be a fireworks stand at this location without substantial public hearing review before the Planning & Zoning Commission. In this regard, the commission could deny such a use if it was seen to be disruptive to the surrounding area and would cause real harm to agricultural users such that no conditions of approval could reasonably bring the use into conformity with the character of the surrounding area. In the alternative, because there is also a plat still awaiting final approval, a covenant by plat note could be placed on the new plat that would prohibit fireworks stand use on the resulting parcel. This action would require the petitioner to voluntarily make this change however, by adding a note to the plat. It is not something that staff would consider that the petitioner should be compelled to do. Staff also notes a distinction between the Conditional Use Permit of allowing fireworks stand in the RR2 zoning district and the relatively unrestricted use of the fireworks for entertainment and celebratory purposes within the Kodiak Island Borough. Historically, it has been the right of people to shoot off fireworks in the borough at any time of the year. The borough assembly however, has recently enacted new regulations that would substantially limit the times of the year when fireworks can be used by consumers. Whether the assembly has adequately addressed these concerns remains to be seen but it is clear that this action was not related to zoning but was more of health, safety and welfare issue in the community. In this regard, inhibiting a fireworks stand location on these Middle Bay parcels where there has never been a fireworks stand may not address the concerns that were expressed to staff, but then neither would the denial of this rezone request. LAND SUITABILITY: Parcels 1 and 2 are suitable for all land uses permitted in the RR2 zoning district. RECENT DEVELOPMENT TRENDS IN THE AREA: Parcel 1 was originally developed for business purposes and in 1993 it was rezoned from B- Business to RR1 -Rural Residential One and redeveloped for residential purposes. The surrounding area has been developed for a number of land uses over the years. Tract A, U.S. Survey 2735 has been used as a fish processing plant in the past. Tract B and adjoining parcels are used for agriculture and residential. Several lots have been created over the years that are 5 acres in area and developed primarily for residential purposes. Since the Leisnoi Native Corporation is now able to sell land after settling its legal issues, several property owners in the area have acquired the land between their U.S. Survey 2735 holdings and the nearby Chiniak Highway right -of -way. Staff Report - Page 6 of 8 Public Hearing Items 7 -E & 7 -F TRAFFIC IMPACTS: No major traffic impact is expected to occur from this rezone action, regardless of which zone is ultimately determined to be most appropriate in this situation. The Chiniak Highway is a state road with adequate improvements and maintenance support to sustain a substantial increase in traffic. Such an increase is not projected to occur from this request. RECOMMENDATION Staff recommends that the Commission forward these requests to rezone Parcel 1 and Parcel 2 to the borough assembly with a recommendation for approval of both rezones. An effective clause is also recommended that would make the zoning become effective upon the filing of a final plat for Case S11 -003 which would help to ensure that the replat goes to completion and that the mapping of the new zoning boundaries will coincide with the creation of those same boundaries by plat. APPROPRIATE MOTIONS Should the Commission agree with the staff recommendation, the appropriate motions are: Motion Parcel #1 Move 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 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 511 -003, and to adopt the findings in the staff report dated May 25, 2011 as FINDINGS OF FACT for this case. Staff recommends that the preceding motion be APPROVED. Motion Parcel #2 Move to recommend a rezone from C- Conservation t4 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 511- 003, and to adopt the findings in the staff report dated May 25, 2011 as FINDINGS OF FACT for this case. Staff recommends that the preceding motion be APPROVED. Staff Report - Page 7 of 8 Public Hearing Items 7 -E & 7 -F Effective Clause for Cases 11 -027 and 11 -028: The rezones approved for Case 11 -027 and 11 -028 shall not become effective until the filing of a final plat as approved with conditions in Subdivision Case S11 -003. Findings of Fact for Cases 11 -027 and 11 -028: A. Findings as to need and justification for a change or amendments. The rezones are needed to consolidate the zoning of two parcels that are proposed to be consolidated by an approved preliminary plat. With the borough's GIS based zoning system it is difficult to map multiple zones on a single lot where there are no property boundaries to associate with the zoning boundaries. It is also bad policy to allow individual lots with multiple zoning districts. The acquisition of C- Conservation zoned land between the Chiniak Highway combined with a Portion of U.S. Survey 2735 (the Old Rendezvous site) moves the resulting site towards conformity with the character of the surrounding area. The resulting parcel will more than double in size to 2.56 acres with minimal change to the zoning and the lot will then have frontage on the Chiniak Highway. B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan. The proposed replat in Case S11 -003 serves as the catalyst for these rezones which will move the two parcels towards conformity with the overall character of the surrounding area. The application of RR2 -Rural Residential Two zoning would not allow future subdivision of the resulting lot and the list of permitted uses in the RR1 and RR2 zones are very similar. The petitioner has little chance of acquiring additional acreage to create a five (5) acre site that would conform to the C- Conservation zoning district. The RR2 zone therefore provides the best balance between the character of the surrounding area and conformity with the comprehensive plan designation for Conservation use. Staff Report - Page 8 of 8 Old Business Item 8 A &B P &Z Meeting July 20, 2011 Old Business Item VII B P & Z January 20, 2010 I ****** EXAMPLE OF PAST SIMILAR ACTION * * * * * *I RECONSIDERATION MEMORANDUM DATE: January 8, 2010 TO: Planning and Zoning Commission FROM: Bud Cassidy, Community Development Department SUBJECT: Information for the January 20, 2010 Regular Meeting CASE: 10 -007 — Reconsideration of previous Commission decision to deny a rezone request) APPLICANT: Kodiak Island Borough Planning & Zoning Commission. REQUEST: Reconsideration of the Commission's vote to recommend denial on an investigation, according to KIBC 17.205, of a rezone from RR1- Rural Residential One to B- Business, for Lot 4, Block 5, Miller Point Alaska Subdivision. LOCATION: 4210 Otmeloi Way ZONING: RR -1 Rural Residential Zoning District. Authority: This request for reconsideration is brought forth under the auspices of the adopted Bylaws of the Kodiak Island Borough Planning & Zoning Commission. Article IX section B of the Bylaws of the Commission provides: "In all manners of procedure not covered by rules adopted by the Commission, Robert's Rules of Order, Newly Revised (10 Edition) by Henry M. Robert, shall be applicable and shall govern." Robert's Rules of Order Chapter IX section 37 discusses Reconsiderations. Procedure: The action required for reconsideration of a previous decision is for a member of the prevailing side of the original vote and another member to file a "Reconsideration Affidavit" with the Borough Clerk's Office before 5:00 P.M. the day after the action was taken. This effort was made by Commissioner Ryser (who sat on the prevailing side of the vote) and Commissioner King (See Affidavit). Cases 11 -027 & 11 -028 Appendix Page 1 of 3 Case 10- 007 /Reconsideration SR Page 1 of 2 P & Z: January 20,2010 Old Business Item 8 A &B P &Z Meeting July 20, 2011 Old Business Item VII B P & Z January 20, 2010 As a result, the action the Commission will consider at your January 20 meeting is to first vote on the issue of reconsideration. That happens with the commission approving the following motion: RECOMMENDED MOTION Move to reconsider the action taken on Case No. 10 - 007 Discussion should focus on the reasons for filing the reconsideration. As the filer for the reconsideration, Member Ryser should speak first stating reasons that the membership should reconsider their previous vote.. ROLL CALL VOTE ON THE MOTION TO RECONSIDER If the motion to reconsider fails, the original action taken at the last meeting stands. The findings of fact that were adopted at the previous meeting are valid. That completes any commission's action in this case. If the motion to reconsider passes, the motion: "Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of lot 4, Block 5, Miller Point Subdivision from RR1 -Rural Residential One to B- Business is automatically before the Commission as if the original vote had not taken place. Debate on the motion occurs and a roll call vote on the motion is taken. Should the motion to rezone the parcel in question pass, findings of fact supporting the commission decision should be developed. Section 17.205.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.205.020 A. Findings as to the Need and Justification fora Change or Amendment. 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. Cases 11 -027 & 11 -028 Appendix Page 2 of 3 Case 10- 007 /Reconsideration SR Page 2 of 2 P & Z: January 20,2010 Old Business Item 8 A &B P &ZWetigg July 20, 2011 Case 10 -007 RECONSIDERATION AFFIDAVIT Wandersee 1, L'ri Asgr , Planning and Zoning Commissioner, having voted on the prevailing side, fire my intent to reconsider the vote taken at the Planning and Zoning Commission Regular Meeting of December 15, 2009 on Case No. 10 -007, an investigation, according to KIBC 17.205, of a rezone from RR1 -Rural Residential One B- Business, for Lot 4, Block 5, Miller Point Alaska Subdivision. The applicant is Dayton Wandersee. t - A. /. Signature J SUBSCR : r 4*Ni .. " to before me this 17 of Decembe 2009. \ • 'Q • y O rf i U V u /VV 0 _ �a r _ 6) O Notary Public In and For Alas _ "�' "•K = My Commission Expires: I, 9 11 4,i ' . i n r , Planning and Zoning Commissioner, having voted on the prevailin ', my intent o reconsider the vote taken at the Planning and Zoning Commission Regular Meeting o December 15, 2009 on Case No. 10 -007, an investigation, according to KIBC 17.205, of a rezone from RR1 -Rural Residential One to B- Business, for Lot 4, Block 5, Miller Point Alaska Subdivision. The applicant is Dayton Wandersee. �e.2! Signature SUBSCRIBED AND aVIIYV t q�efore me this 117 of December, 2009. „pee - Nota is In and F4 Alaska r My Commission Ex is s lu -1 °2O / P� Y PP•,� FILED with the Kodiak Island Borough Clerk's office this 17 day of December 2009. Nova J avierM Borough Clerk Cases 11 -027 & 11 -028 Appendix Page 3 of 3 KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 15, 2011 REGULAR MEETING ITEM NO: 9.0 TITLE: Ordinance No. FY2012 -08 Rezoning Property in Akhiok From RNC — Rural Neighborhood Commercial To PL- Public Use Lands, SUMMARY: The Planning and Zoning Commission at its July 20, 2011 meeting held an advertised public meeting on Case 12 -007 and is recommending that the identified parcel be rezoned from RNC — Rural Neighborhood Commercial to PL — Public Use Lands. The Borough provides a "teacherage" (a dwelling unit) for the teacher and their family in Akhiok. The house is an older Pan Abode Cedar home. The Borough is in the process of fixing this structure including the removal of asbestos siding. It was discovered that it is presently in a zoning district that is not appropriate for the use. This change of zoning from RNC —Rural Neighborhood Commercial to PL— Public Use Lands will make this building as well as the Akhiok community building consistent with the zoning. APPROVAL FOR AGENDA: c RECOMMENDED MOTION: Move to adopt Ordinance No. FY2012 -08. Introduced by: Borough Manager 1 Requested by: P &Z Commission Drafted by: CDD Director 2 Introduced: 09/01/2011 3 Public Hearing: 4 Adopted: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2012 -08 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 REZONING LOT 1, BLOCK 2, U.S. SURVEY 4926 FROM RNC- RURAL 11 NEIGHBORHOOD COMMERCIAL TO PL- PUBLIC USE LANDS 12 13 WHEREAS, this rezone request is for a site that is the location of two public facilities: the 14 Akhiok Community Building owned by the City of Akhiok and the residential housing unit 15 provided for Akhiok's teaching staff owned by the Kodiak Island Borough; and 16 17 WHEREAS, this lot has recently been subdivided creating two parcels: one parcel 18 includes the teacherage and generator shed and the other parcel includes the Akhiok 19 community building and former BIA fuel tanks; and 20 21 WHEREAS, it is the intent to transfer ownership of the parcel that the Akhiok teacherage 22 sits upon to the Kodiak Island Borough; and 23 24 WHEREAS, the 2008 Kodiak Island Borough Comprehensive Plan Update has identified 25 this area for public uses; and 26 27 WHEREAS, the commission held a properly noticed public hearing on this request and is 28 recommending that the Assembly approve the rezone of the above described parcel from 29 RNC —Rural Neighborhood Commercial to PL- Public Use Lands; and 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 32 BOROUGH THAT: 33 34 Section 1: This ordinance is not of a general and permanent nature and shall not 35 become a part of the Kodiak Island Borough Code of Ordinances; 36 37 Section 2: Lot 1, Block 2, U.S. Survey 4926 is rezoned from RNC- Rural Neighborhood 38 Commercial to PL- Public Use lands; 39 40 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission 41 are hereby confirmed as follows: 42 43 17.72.020 A. Findings as to the Need and Justification for a Change or 44 Amendment. 45 The rezone of Lot 1, Block 4, U.S. Survey 4926, Akhiok Townsite from RNC Rural 46 Neighborhood Commercial to PL- Public Use Zoning District will eliminate 47 nonconformity while more appropriately supporting the public use of the existing 48 facilities on the property Kodiak Island Borough Ordinance No. FY2012 -08 Page 1 of 2 49 17.72.020 B. Findings as to the Effect a Change or Amendment would have on 50 the Objectives of the Comprehensive Plan. 51 The rezone of Lot 1, Block 4, US Survey 4926 Akhiok Townsite from RNC Rural 52 Neighborhood Commercial to PL- Public Use Zoning District will not have a negative 53 impact upon the current comprehensive plan. A rezone to PL- Public Use Zoning 54 District recognizes, and advances the objectives of the Kodiak Island Borough 2008 55 Comprehensive Plan Updates as it relates to the Village of Akhiok. 56 57 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 58 THIS DAY OF 2012 59 60 KODIAK ISLAND BOROUGH 61 62 63 64 65 Jerome M. Selby, Borough Mayor 66 67 ATTEST: 68 69 70 71 72 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2012 -08 Page 2 of 2 Kodiak Island Borough * *,;,;i Office of the Borough Clerk • se-<;;;Z 710 Mill Bay Road b " Kodiak, Alaska 99615 • Phone (907) 486 -9310 Fax (907) 486 -9391 njavierAkodiakak.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, September 15, 2011, at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on: Ordinance No. FY2012 -08 Rezoning Property in Akhiok From RNC -Rural Neighborhood Commercial To PL- Public Use Lands. If you do not wish to testify verbally, you may provide your comments in the attached public hearing form and fax it to (907) 486 -9391, Email to niavierkodiakak.us or hand deliver to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on September 15, 2011. Comments favoring and opposing are encouraged. If you have any questions, please call 486 -9310. Attachments: • Public hearing form • Map • Ordinance No. FY2012 -08 Ordinance No FY201208 Pro perty;in Akhiok From ,tRNC- Rura Neighborhood C ommercial ToaPL�- PublicUseL d e ' '. .R.n{f 3'V �i4�ivi .N *4 V..r " �?' .�Aa d • 1, -' 1 �5 T t IC • F- of. tare, z''' � Tth c ( !a -- I. -n n. .t g F. . .L S 4- 1'a . .; nfi t t-.n 4 3 v ,W r `-.. .. a . .. • USS 4926 fi ' ; �� `'., r "h , .u, ' _ .. • l• ; fi e• 4 .• 'C.. / { a S.c r �i - h c t > •` T S -„� •‘_,..41, : - . • • I-. 's% { V ca .. 'S I `t * ' t '"e E-" .. ••-••.:P•:. - p. , d k-+ ' .a 4. ,, ... e. 4 . 4, „E„ V. 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More information anwl the mapping date can OaoelalMO by cOnlasl✓gIheKWias k4MB a la Is Cretwarenlal(>b1)486.3i3B Bawgh PUBLIC HEARING FORM Ordinance No. FY2012 -08 Rezoning Property in Akhiok From RNC -Rural Neighborhood Commercial To PL- Public Use Lands. ❑ This is in support of the rezone. ❑ This is in opposition of the rezone. ❑ Other comments. Name: Residence Address: Mailing Address: Comments: Written comments may be submitted by email to niavierkodiakak.us, fax to 907- 486 -9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, September 15, 2011. Discussion COMMISSIONER WATKINS MOVED TO AMEND motion to add a 2nd condition of approval that reads "All trails on this plat be shown by GIS coordinates." COMMISSIONER WATKINS stated we do have public trails crossing this lot in upland areas and close to the road. Several trails that have not been identified on the plat and we've been informed that that there is no expertise in staff in locating these trails. The borough has the equipment and the staff to get these coordinates to get these trails locked in. The public has been trying to get these Near Island trails locked in in for 20 years and this seems like a good opportunity. CONDITIONS OF APPROVAL 1. The applicant must provide updated parking plans for departmental review prior to final plat recording. 2. All trails on this plat be shown by GIS coordinates. 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 TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY I.) Case 12 -007. Request a Rezone, according to KIBC 17.205, of Lot 1, Block 4, U.S. Survey 4926 (Akhiok Townsite) from RNC -Rural Neighborhood Commercial to PL- Public Use Land. The applicant is the City of Akhiok, and the agent is Bob Scholze, KIB Resource Management Officer. The location is Lot 1, Block 4, U.S. Survey 4926, Akhiok Townsite, and the zoning is RNC -Rural Neighborhood Commercial. Dvorak stated this case is an ongoing effort by the City of Akhiok to convey to the Kodiak Island Borough a home in Akhiok that's been used as a teacherage. It wasn't owned by the borough and in the process of doing the plat and the conveyance it was discovered the property is zoned RNC that has a 2 acre minimum lot size which makes the subdivision proposed unable to be completed in this proposed configuration. The rezone would make the zoning of this parcel Public Use Land which would conform the use of the property. Staff recommends forwarding this to the Assembly with a recommendation of approval. COMMISSIONER BALDWIN MOVED to recommend that the Kodiak Island Borough Assembly approve a Rezone, according to KIBC 17.205, of Lot 1, Block 4, U.S. Survey 4926 (Akhiok Townsite) from RNC -Rural Neighborhood Commercial to PL-Public Use Land, and to adopt the "Findings of Fact" in the staff report dated July 8, 2011as Findings of Fact for Case No. 12 -007. The public hearing was opened & closed: There was no public testimony. FINDINGS OF FACT _.12 1 4 ' i e'I : a i • t " I I , . , a i . • 4 II . • m j - 7/20/2011 P &Z Minutes Page 13 of 18 The rezone of Block 4 Lot 1 Akhiok Townsite from R -1 Single Family Residential Zoning District to PL- Public Use Zoning District will eliminate a nonconformity while more appropriately supporting the public use of the existing facilities on the property. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensiv Plan. The rezone of Block 4 Lot 1 Akhiok Townsite from R -1 Single Family Residential Zoning District to PL- Public Use Zoning District will not have a negative impact upon the current comprehensive plan. A rezone to PL- Public Use Zoning District recognizes, and advances the objectives of the Kodiak Island Borough 2008 Comprehensive Plan Updates as it relates to the Village of Akhiok. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY ULU BUSINESS COMMISSIONER BALDWIN requested to be recused from the two Old Business items due to a conflict of interest. A) Case 11 -027. Request Reconsideration of the vote for Case 11 -027 requesting 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 to 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. (Requested Commissioner Watkins and Commissioner Schmitt). Dvorak reported the 2 cases have 1 staff report. The commission held 2 public hearings on these last month and both cases were failed; votes were changed with the intent to give notice of reconsideration. A notice of reconsideration was filed the following day therefore; these cases come back for reconsideration. Staff provided you with a memorandum to step the commission through the process. COMMISSIONER SCHMITT MOVED to reconsider the vote on the main motion made in Case 11 -027 made at the June 15, 2011 regular meeting. l voted against this motion. CHAIR TORRES read the original motion into the record. ROLL CALL VOTE ON MOTION CARRIED 4 -2. The ayes were Alan Torres, Brent Watkins, Alan Schmitt, and Rick Vahl. The noes were Casey Janz and Bill Kersch. Dvorak stated he researched their questions from last week and found that regarding the status of sub - surface rights, he has a copy of the certificate to plat that was submitted with the preliminary plat. The related case that kind of preceded the rezoning or instigated the rezoning need and it states dearly that in the ANCSA conveyance of the Leisnoi parcel that they did not receive the sub - surface rights. With regards to ANCSA tax recapture Dvorak consulted with the Borough Assessing Department which gave him a 9 page Native Claims Settlement Act guidelines and there's a section in the back that talks about tax recapture upon subdivision plat recordation that basically allows the borough to go back 30 months from the time of recording at current property market values get what is referred to as tax recapture from these properties. On the final plat there's a certification block executed by the Borough Clerk's Office certifying that the taxes have been paid. In the case of tax recapture, the Assessing Department produces a special tax bill establishing a market value of the property and providing a year by year recapture analysis that is given to the native corporation 7/20/2011 P &Z Minutes Page 14 of 18 Public Hearing Item 7 -1 P &Z July 20, 2011 &UtR J1 Location Request:& Rezone, according t KIBC P & g Base p 92 -007 cif ace 9 Block q, gia. agm2g 4926 from RN® -Rural Cy diAkhiok Neighborhood Commercial ib PL- Public Land. Agent: Bob Scholze ,` �' a w e d ` ] , / /� r � ■ y t 1 r o fife- }. '� + ,, j / ' s '# • USS"4926 * ` a J f .k is . /� ,Ir i ' ., . T' t v c� ..,1. sr . 4 r,1 Ce 1 .1 ° \'t4. ��`� Fir er h 'F L. ' *. 1 e. f 1 ? x , y y i. ', a ' 'A ® o r s RESUBD U SS'4 9 • W •<> - ,.` ' 4 . . ' # mss v, .� C 4 e �G qk '< tl k ®� - ® �. Plat \ No 486-23' ,: , - x � - tc" ® t b �4 4 mod' t r , � y �'TVN L . C 7T 51 T; ) ar .. ], - � wt-9:„ ..•'' , , • . � ,„ * n..l ter: it , V ® ® ® -k A r ill 1�� 7 t ✓ sI . k >4. 1 T at. 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More information about Te mamma data can be obtained by centering the Kodak Island Bwplgh IT Depaemenl al �90]14B6- 9133, Case No. 12 -007 Introduction Page 1 of 4 Public Hearing Item 7 -1 P &Z July 20, 2011 C\ v D 0 \ C". 0 0 0 0 O 0 1 Case No. 12 -007 Introduction Page 2 of 4 Public Hearing Item 7 -1 P &Z July 20, 2011 Image Overlay Request:A Rezone, according 03 KIBC 9x.205, p F:3 tCop©p 92 -007 d La 9 Block 4 Una, kr,ftRy 4926 from RNC -Rural C CQAhkiok Neighborhood Commercial 50 PL- Public Nb0 Land. Agent: Bob Seholze t • ia. 'r . ¢ it . "55:` ' � '9 • + 7. ' ";" ` `� •Yr• , t , } � E r 9 , :M s .1 nt i' ' k ' � `V ' A';'71-4,.• _ g r 2 y 'N; ,� t 3 ¢ tt +, 4 f' t t y �.r3 « f7 t a S '"7. r . `.7d , �1 r t t +s r. = y, w aX 9 4 � +. {L• f fry .� "+ (,} , '. ;, f'r t� \ � � �' . J 1 x t :, 7 t t9 r a t t '4,,,,: ° ,1 N 0 l F k . . o .1'�r� o `'�� { ,, f E, , t39" t �9 - - ' W r st a a ; . 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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 Kodak Island Borough IT Department at (907) 486 -9333. Case No. 12 -007 Introduction Page 3 of 4 Public Hearing Item 7 -1 P &Z July 20, 2011 C( v ° O 0 O D k \C\ Case No. 12 -007 Introduction Page 4 of 4 Public Hearing Item 7 -1 P &Z July 20, 2011 KODIAK ISLAND BOROUGH - COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 486.9363 - FAX (907) 486 -9396 wvnl.kib.co. kodrak,ak. us Applicant Information Property Information • 077 f7F M VJii ie Z.D19`j Property ID Numbers Propert owner's name f o. r�r;� S�CSO t. +55 G I e I1O�V Legal De oription Property owner's ma address fP1 t A}{¢}SI[/-1 'ei G,1� Current Zoning: �f City State Zip Applicable Comprehensive Plan: • q ( 6 -)-)--2-47 Year of Plan adoption: None phone Wotk Phone E -mail Addr. Present Use yo o e f �� 1 Property: eo i rIn to r Agent's name (If applicable) • Agent's mailing address Proposed Use of Property: 9t City State Zip • • Home phone Work Phone E-mail Addr. (Note: Use additional sheets, if needed, to provide a complete descri.tion 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 oprionaf supporting documentation as indicated below. Additional Narrative/History ! - As -built Survey _ Photographs Maps Other • A fh ' operty wner's Signature Date Authorized Agent's Signature Date A development plan for one or more lots on wNch is shown the existing and proposed conditions of the lot, Including topography, • vegetation, drainage, Rood gains, wetlands, and waterways: landscaping and open spaces: walkways; means of ingress and egress; drculation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any ether information that reasonably may be required In order that an Informed derision can be made by the approving authority. • (Source: The New Illustrated Book of Cove:opulent Definitions, ©1993 by Rutgers University) • STAFF USE ONLY PAYMENT VERIFICATION Code S Involved: / 1 it 3- Variance (KIBC 17.66.020) 5250.00 Conditional Use Permit (KIBC 17.67.020.9) $250.00 Other (appearance re ests, site plan review, etc.) $150.00 - Zoning change from A)f to f (KIBC 17.72.030 and 030.C) Application received by Staff signature - _ __- • yet 6W9£8/.06 Ao!4AVJo A!p 9 1.£:60 11 CO mil" Case No. 12 -007 Application Page 1 of 4 Public Hearing Item 7 -1 P &Z July 20, 2011 1 *, � Kodiak Island Borough . 11 � BaQe' Resource Management .. y (, � i 710 Mill13ay Road - ` Kodiak, .Alaska 99615 Phone (907) 486.9351 Fax (907) 486 -9395 F _ �i E -mail: rscholze@ kodiakakus To : Planning and Zoning Commission From : Bob Scholze, Resource Management Office rd Date : June I, 2011 yy Re : Rezone: Lot 1, Bk. 4, Akhiok Townsite, U. S. Survey 4926, This rezone request is companion to Case S11 -016, which was considered by the Commission at its June, 2011 meeting. That subdivision case proposed to divide a property owned by the City of Akhiok into two lots in order to isolate the teacherage supporting the Akhiok school on an individual lot. However, as was pointed out in the staff report for that case, the existing Rural Neighborhood Commercial (RNC) zoning is not appropriate for a couple of reasons. The minimum lot size in the RNC zoning district is two (2) acres. When this 1.77 acre lot was rezoned from R1 to RNC in 1995, the minimum lot size for RNC was one acre. The lot became nonconforming as a result of an ordinance change in 2000 that increased the RNC lot minimum from one to two acres. This nonconformity would only be exacerbated by a subdivdision which now would create even smaller lots. As further noted in the staff report for 511 -016, the existing community building, which will remain on proposed Lot 1 A, falls neatly within the description and intent (KIBC 17.130.010.A) of the PL Public Use zoning district identifying lands owned by govemments for a public purpose. The teacherage, which will remain on proposed I,ot 113, will also serve a public purpose as accessory to the public education function of the school. The language of the City of Akhiok resolution ( #2011 -06) restricts future use of this residence to teacher housing. This rezone will eliminate a nonconformity while more appropriately supporting the public use of the existing facilities on the property. Case No. 12 -007 Application Page 2 of 4 Public Hearing Item 7 -1 P &Z July 20, 2011 May 031110:18a City of Akhiok 9078362209 p.1 City of Akhiok P.O. Box 5050 Akhiok, Alaska 99615 Ph: (907)836 -2229 Fax: (907)836 -2209 Resolution 2011 -06 WHEREAS, the City of Akhiok is a recognized Second Class City of the State of Alaska, NOW THEREFORE BE IT RESOVED, by a duly appointed quorum of the City Council that the City of Akhiok resolves to quit claim deed to the Kodiak Island Borough the proposed lot- Block 4, lot -1B -survey 49 -26 for the sole purpose to be used as the teacher's housing from this day forward. ma/f, ihmde Apr 2/a ZUl/ Linda Amodo, Mayor of Akhiok Date Roger McCoy, City Manager Date Case No. 12 -007 Application Page 3 of 4 Kodiak Island 11.•- Journal Edit Journal Reclassification Department Number Type Sub Ledger G/L Date DescripH.o Source Reference Journal Type 120 - Finance 2011 - 00002589 JE GL 06/01/2011 AKHIO.'. v CHAN( G/L Date G/L Account Number Account Description Description Source Debit Amount Credit Amount 06/01/2011 100 101.100 Cash In Bank -Wells Fargo AKHIOK 7,0' 750.00 06/012011 100 -000 322.170 Zoning Change Fee AKHIOK ZO 750.00 utrics: 2 5750.00 8750.00 n v (0 CD Z 0 O O v o' CD CD A 0 20 N n C = N O 7. NCO O — 1 C 3 User: Marilyn Ordal 1' 6/1/2011 4:05:46 PM Public Hearing Item 7 -1 P &Z July 20, 2011 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 June 9, 2011 Public Hearing Item 7 -1 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 -007 APPLICANT: City of Akhiok AGENT: Bob Scholze, KIB Resource Management Officer REQUEST: A Rezone, according to KIBC 17.205, of Lot I, Block 4, U.S. Survey 4926 (Akhiok Townsite) from RNC -Rural Neighborhood Commercial to PL- Public Use Land. LOCATION: Lot 1, Block 4, U.S. Survey 4926, Akhiok Townsite ZONING: RNC -Rural Neighborhood Commercial 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. If you would like to fax your comments to us, our fax number is: (907) 486 -9396, or you may email 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 Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Mailing Address: Your property description: Comments: - Case No. 12 -007 Public Comment Page 1 of 4 Public Hearing Item 7 -1 P &Z July 20, 2011 Current Location Request a Rezone, according to KIBC Akhiok Townsite, Block 4, 4, 17.205, of Lot 1, Block 4, U.S. Survey , Lot Lot 1 1 P & Z Case 12 -007 4926 (Akhiok Townsite) from RNC -Rural City of Akhiok/ Neighborhood Commercial to PL- Public Bob Scholze Use Land. 6 -1 , / (Cl \ c7D f d it-A 7 - r �/ t Approximate Location / / I J n 0 N tr Kodiak Island Borough GIS w.4.& E 4$ S i f Feet r I - 0 480 960 1'920 ( I r r ( r I Legend s This map was prepared from the Kodiak Island Borough's GIS System. It Is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodak Island Borough IT Department at (907)485-9333. Case No. 12 -007 Public Comment Page 2 of 4 Public Hearing Item 7 -1 P &Z July 20, 2011 CITY OF AKHIOK NICK PETERSON SR FRED COYLE PO BOX 5050 AKHIOK, AK 99615 PO BOX 2071 AKHIOK, AK 99615 KODIAK, AK 99615 RENA COHEN WALTER SIMEONOFF SR EST/BIA NINA DEMIDOFF AKHIOK RURAL STATION C/0 BIA 1207 4TH AVE, APT 3 AKHIOK, AK 99615 1675'C' ST. KENAI, AK 99611-7665 ANCHORAGE, AK 99501 -5198 STEVEN FARSOVITCH RALPH ELUSKA SR EPHRA PETERSON ESTATE ETAL C/0 ANDREW CHRISTOFFERSON 5028 MILLS DR. C/0 BIA 1516 E. REZANOF DR ANCHORAGE, AK 99508 1675 'C' ST KODIAK, AK 99615 ANCHORAGE, AK 99501 BIA/ESTATE OF VERA INGA ALLAN BREITZMAN TRUSTEE JUDY ELUSKA ETAL C/0 BIA ANCHORAGE REALTY 701 C ST C/0 BIA ANCHORAGE REALTY 3601 C STREET, SUITE 1100 ANCHORAGE, AK 99513 3601 C STREET, SUITE 1100 ANCHORAGE, AK 99503 -5947 ANCHORAGE, AK 99503 -5947 EPHRAZINNIA PETERSON ESTATE NIARTHA ROZELLE GARY ROZELLE SR AKHIOK RURAL STATION PO BOX 5033 PO BOX 5033 AKHIOK, AK 99615 AKHIOK, AK 99615 AKHIOK, AK 99615 JUSTIN PHILLIPS ALLAN BREITZMAN TRUSTEE OLGA SIMEONOFF ESTATE OF MINEY AGNOT 701 C ST PO BOX 5025 PO BOX 5014 ANCHORAGE, AK 99513 AKHIOK, AK 99615 AKFIIOK, AK 99615 PAUL RAIDMAE KELLY COYLE SENAFANT ZEEDAR PO BOX 1604 C/O BIA AKHIOK RURAL STATION VALDEZ, AK 99686 1675 'C' STREET AKHIOK, AK 99615 ANCHORAGE, AK 99501 -5198 - KODIAK ISL HSG AUTHORITY BILLY RASTOPSOFF NINA PHILLIPS 3137 MILL BAY RD PO BOX 5001 P 0 BOX 5005 KODIAK, AK 99615 AKHIOK, AK 99615 AKHIOK, AK 99615 LAURIE SIMEONOFP ALBERT SIMEONOFF SR COSTIA INCA JR PO BOX 8775 PO BOX 5038 PO BOX 5061 KODIAK, AK 99615 AKHIOK, AK 99615 AKHIOK, AK 99615 PHYLLIS ANION) EDWIN ANDERSON III JOHN NIURRAY PO BOX 5069 PO BOX 2174 PO BOX 206 AKHIOK, AK 99615 KODIAK, AK 99615 ASOTIN, \VA 99402 Case No. 12 -007 Public Comment Page 3 of 4 Public Hearing Item 7 -1 P &Z July 20, 2011 KODIAK ISL HSG AUTHORITY SPERIDON SIMEONOFF ROBERT SIMEONOFFJR. 3137 MILL BAY RD PO BOX 5008 8441 BERRY PATCH RD KODIAK, AK 99615 AKHIOK, AK 99615 ANCHORAGE, AK 99502 MARY PETERSON PO BOX 5015 AKHIOK, AK 99615 Case No. 12 -007 Public Comment Page 4 of 4 Public Hearing Item 7 -1 P &Z July 20, 2011 MEMORANDUM DATE: July 8, 2011 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the July 20, 2011 Regular Meeting CASE: 12 -007 APPLICANT: City of Akhiok AGENT: Bob Scholze REQUEST: A Rezone, according to KIBC 17.205, of Lot 1, Block 4, U.S. Survey 4926 (Akhiok Townsite) from RNC -Rural Neighborhood Commercial to PL- Public Use Land. LOCATION: Lot 1 Block 4 United States Survey 4926 (Akhiok Townsite) ZONING: Rural Neighborhood Commercial. Thirty seven (37) public hearing notices were mailed on June 9, 2011. Date of site visit: None 1. Zoning History: The 1968 Comprehensive Plan did not address this area. Ordinance 1977 -15 zoned all previously unclassified lands within the Borough to Conservation. Ordinance 1977 -19 zoned all lands within the corporate limits of the Borough villages from Conservation to R -1 Single Family Residential Zoning District. Ordinance 1995 -11 rezoned the subject property to Rural Neighborhood Commercial. 2. Lot Size: 77,326 square feet (1.78 acres). 3. Existing Land Use: Single Family Residence & Community building. 4. Surrounding Land Use & Zoning: North: Block 3 Lots 6 thru 10 Use: Vacant Zoning: R -1 Single Family Residential Zoning District South: Block 7 Lots 1 thru 3 Use: Vacant Zoning: R -1 Single Family Residential Zoning District (municipal reserve) East: Block 5 Lot 1 & Block 6 Lot 1 Use: Vacant Zoning: R -1 Single Family Residential Zoning District (municipal reserve) Appendix page 1 of 8 Case No. 12 -007 Staff Rpt Page 1 of 6 Public Hearing Item 7 -1 P &Z July 20, 2011 West: Block 4 Lot 2 Use: Single Family Residence Zoning: R -1 Single Family Residential Zoning District West: Block 9 Lot Lots 1 thru 4 Use: Single Family Residence & vacant Zoning: R -1 Single Family Residential Zoning District 5. Comprehensive Plan: The 1968 Comprehensive Plan does not address this area. The Kodiak Island Borough 2008 Comprehensive Plan Update depicts this area as PL- Public Use Zoning District. 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: KODIAK ISLAND BOROUGH TITLE 17 - ZONING KIBC 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The borough assembly upon its own motion; B. The planning commission upon its own motion; C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development office, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. KIBC 17.72.055 Submission to assembly. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken Up by the borough assembly. KODIAK ISLAND BOROUGH TITLE 17.130 Public Lands Zoning District The Appendix to this staff report contains the complete recitation of the applicable zoning district. COASTAL MANAGEMENT APPLICABLE POLICIES Staff has not identified any portion of the Coastal District's management program applicable to this request. 2 Appendix page 2 of 8 Case No. 12 -007 Staff Rpt Page 2 of 6 Public Hearing Item 7 -1 P &Z July 20, 2011 STAFF COMMENTS This is the companion action to Case No. S11 -016 decided by the Commission at the regular meeting of June 15, 2011. The commission approved the subdivision of Block 4 Lot 1, Akhiok Townsite subject to one condition of approval that required a rezone prior to final plat recording. The applicants have submitted this request for rezone in order to comply with that condition of approval. Conformance with the Comprehensive Plan: The Kodiak Island Borough 2008 Comprehensive Plan Update and the 1986 Akhiok Comprehensive Plan are seemingly at odds with each other when addressing this particular location. As noted earlier, the KIB 2008 Plan depicts the locale as PL- Public Use Zoning District. The Akhiok 1986 Plan states a preference for "a centrally located commercial and business enterprise core district with mixed residential use." This inconsistency may partially explain the zoning anomaly brought to light by the recent subdivision action. The 1995 rezone of this property to Rural Neighborhood Commercial was presumably for the purpose of supporting the enterprise core district and allowing for the residential teacherage. Reconciling the two goals is not impossible. There is apparently sufficient land area along the northern portion of the subject property to allow for a future subdivision of land dedicated to business use, should the opportunity present itself in the future. Zoninq /use: The PL- Public Use Zoning District is established as a land use district for publicly owned land containing recreational, educational and institutional uses. Dedicated as a teacherage, the dilapidated residence (scheduled for renovation) is supporting the local educational efforts. The community building serves a variety of functions. According to the 2008 Village profile, this building houses the Tribal Council, Post Office, and community store. A PL- Public Use Zoning District designation _ is the most appropriate zoning district option and preserves the greatest flexibility for local decision makers. Land Suitability: The subject property contains sufficient land area to support the current use(s). The subject property is served by municipal water and sewer services. Bounded on all four sides by public rights -of -way, access is assured. 3 Appendix page 4 of 8 a Appendix page 6 of 8 Case No. 12 -007 Staff Rpt Page 3 of 6 Public Hearing Item 7 -1 P &Z July 20, 2011 Recent Development trends in the area: Development within the Townsite of Akhiok has been negligible for many years. The trend will continue as population declines continue for all Kodiak Island Borough villages. Traffic impacts: No additional traffic impacts are anticipated as a result of this action to rezone. 5 Appendix page 7 of 8 Case No. 12 -007 Staff Rpt Page 4 of 6 Public Hearing Item 7 -1 P &Z July 20, 2011 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 a Rezone, according to KIBC 17.205, of Lot 1, Block 4, U.S. Survey 4926 (Akhiok Townsite) from RNC -Rural Neighborhood Commercial to PL- Public Use Land, and to adopt the "Findings of Fact" in the staff report dated July 8, 2011as Findings of Fact for Case No. 12 -007. CONDITION OF APPROVAL None FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezone of Block 4 Lot 1 Akhiok Townsite from R -1 Single Family Residential Zoning District to PL- Public Use Zoning District will eliminate a nonconformity while more appropriately supporting the public use of the existing facilities on the property. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The rezone of Block 4 Lot 1 Akhiok Townsite from R -1 Single Family Residential Zoning District to PL- Public Use Zoning District will not have a negative impact upon the current comprehensive plan. A rezone to PL- Public Use Zoning District recognizes, and advances the objectives of the Kodiak Island Borough 2008 Comprehensive Plan Updates as it relates to the Village of Akhiok. Case No. 12 -007 Staff Rpt Page 5 of 6 Public Hearing Item 7 -1 P &Z July 20, 2011 O O \ C"S1/4 O O k .\\ O � ' Case No. 12 -007 Staff Rpt Page 6 of 6 Public Hearing Item 7 -1 P &Z July 20, 2011 , y } s ^� i t ; rJ^>NEsusa U$$ } 4628 �+'" F as lrf e, y k ' I I v a` ' } { v �'v � Plat. 23` (if.-::::c3,. � `. F` ° 4 t ea, o r , „ a �' ft .., i t ""t° s t x supi �,, r' D / VhyS? g a f 1 921-1 i' . � a y i {`�, z�.� Wit ��� 4r"r c�!T gt u I t 1 V L, t o t k ,« ;. I .,; . D SNSr l 1i ! !i ' '' 1 f ! 1 r A t .A! � "tea b r a 1 : 11 n '` ,a o f i 8 4�2T • Y�i�,.. • ,$ r - 1; ihn p 0 4 t....± ? . 7, iv, a' 1 + , V Ri f`. cair al; dA a ." . rc,,, t 2 c . � e , 'tT to n, 1 . o i g, ti I. arreST d y, fry i r - --:.. �' fir ' �- ► % * liar] . ar:_k�' +t t- ' • > \' , e . i 0. � 1 ". � f J 1 - ,I U "` x e ' - ti IZ' It Y[ qigl ,.,E - I ° 4aa t b+, '' e.... t1 1 . 4 ' ill r - S I rib P ) t -Al .,, 71,4: -dr a pp C , , r; z -n t / a A NOtittry -n:. . 4 . l tiSS 49 t x s 1:\\,■1.-tt/j.:{766..1‘... "...artirliZ19,11917,30, . ° i " / 194 j � � � d , - , . " �.i' y :•t a7"A -, / L Y ® �. � !'' s � \ � ` "t r .. • a f t � i,- .41 .. y• •,, 2 ; ktO y . e '"IVY!! x'3, — \ � �L4 V �� `-` -•� f T • _ W xra. � � �..� te - e z -e, TStiolfs■d to " =• Y� a ......:.a , a 6k OT. — 1A Q a y ~ K t'j`i . ar� i ; F.t ` � � - ♦t - r + .f D •, 71 a e. ' }C. ), �1._6_l. Case No. 12 -007 Appendix Page 1 of 8 Public Hearing Item 7 -1 P &Z July 20, 2011 Chapter 17.130 PL — PUBLIC USE LANDS DISTRICT Sections: 17.130.010 Description and intent. 17.130.020 Permitted uses. 17.130.030 Conditional uses. 17.130.040 Area requirements. 17.130.050 Yards. 17.130.060 Building height limit. 17.130.010 Description and intent. The PL public use lands zoning district is established as a land use district for publicly owned land containing recreational, educational and institutional uses. For the public lands district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To identify lands owned by governments that are used for public purposes; B. To prohibit residential, commercial and industrial land uses and any other use of the land which would interfere with the development or continuation of public services in the district; and C. To encourage the discontinuance of existing uses that are not permitted under this chapter. [Ord. 83- 18-0 §2, 1983. Formerly §17.33.010]. 17.130.020 Permitted uses. The following land uses are permitted in the public lands district subject to the approval of a detailed site plan by the commission: A. Cemeteries; B. Community buildings and halls; C. Fire stations; D. Gymnasiums; E. Hospitals; F. Libraries; G. Museums; H. Nursing homes; I. Offices for local, state and federal governments; J. Open air theaters; K. Parks, playgrounds, playfields, and open space; L. Recreation centers; M. Sanitariums; N. Schools, public and private; 0. Swimming pools; and P. Utility installations. [Ord. 83 -18 -0 §2, 1983. Formerly §17.33.020]. 17.130.030 Conditional uses. The following land uses may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Airports; B. Correctional facilities; C. Dormitories; D. Governmental maintenance and service facilities and storage yards; E. Natural resource extraction; F. Solid waste disposal sites; and G. Radio and television transmitters. [Ord. 83 -18 -0 §2, 1983. Formerly §17.33.030]. Case No. 12 -007 Appendix Page 2 of 8 Public Hearing Item 7 -1 P &Z July 20, 2011 17.130.040 Area requirements. A. Lot Area. The minimum lot area required is 7,200 square feet. B. Lot Width. The minimum lot width required is 60 feet. [Ord. 83 -18 -0 §2, 1983. Formerly §17.33.040J. 17.130.050 Yards. A. Front Yard. The minimum front yard required is 25 feet. B. Side Yard. The minimum yard required on each side of a principal building is 10 percent of the lot's width but need not exceed 25 feet. The minimum required side yard on the street side of a corner lot is 25 feet. C. Rear Yard. The minimum rear yard required is 25 percent of the lot's depth but need not exceed 25 feet. [Ord. 83 -18 -0 §2, 1983. Formerly §17.33.050]. 17.130.060 Building height limit. The maximum building height is 50 feet. [Ord. 83 -18 -0 §2, 1983. Formerly §17.33.060]. Case No. 12 -007 Appendix Page 3 of 8 -DRAFT - 6/12/2007 A. gt t 41Ir >' N -------------- ,.._______--1-----401111‘ cn z aa��o� °o® d o ° °�� � � 0 O N O O -.1 ® O r l D � �,� U CD �e , � s o 0 X School co _. co 0 4 10re il® O wv x, IL h T . Po c \ Ncr . . N v , --- - -� X -° 7 N Z.I Kodiak Island Borough - Akhiok: Proposed Future Land Use o g V Conservation n Mixed residential /commercial /open space - KOdIakISlaIIC� n Public Use Q Mixed use (residential and commercial) BORO comprehanalve Plan Upd ate "`°t Source: Kodiak Island Borough GIS, 2006 Public Hearing Item 7 -1 P &Z July 20, 2011 • • .KHIK • COMPREHENSIVE PLAN • Y'. Y L . .. ti .Z."- ",.:.+a. -_, ;[f • t i i i Case No. 12 -007 Appendix Page 5 of 8 Public Hearing Item 7 -1 P &Z July 20, 2011 LAND USE GOAL To maintain the general pattern of existing land uses while providing suitable land use areas for future community growth. Objective 1: Encourage the Kodiak Island Borough to establish and adopt a mixed use zoning district that will allow flexibility in locating new land uses supported by the community. Objective 2: Encourage the Kodiak Island Borough to give preference to locally developed land use plans as a guide for future land use decisions. Objective 3: Designate and provide for additional industrial growth areas for development of the mariculture industry. Objective 4: Direct residential expansion towards higher elevations to the north and northwest of the existing residential areas to minimize the potential for damage from catastrophic events. (Objective 52 (Maintain a centrally located commercial and business (enterprise core district with mixed residential use: Objective 6: Protect historically and archaeologically significant lands. AKHIOK COMPREHENSIVE PLAN & CIP 67 SEPTEMBER 1986 Case No. 12 -007 Appendix Page 6 of 8 Public Hearing Item 7 -1 KODIAK ISLAND BOROUGH P&Z Jul 20, 2011 POPULATION FIGURES July Alaska Population Estimate 2019 2018 2017 2016 2015 2014 2013 2012 2011 2010 Ak ok� 1712 _ Aleneva 37 Chiniak - 47 Kar luk 37 Kodiak - USCG Base _1;30 Larsen Bay - - - 87 Old. Harbor _ _ _ _ 218 _ Ouzinkie 161 Port [ions 194 Womens Bay 719 Rem_ ainder of Borough - 4,590 TOTAL 13,592 - Alaska Population Estimate 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 rkhiok 51 Q ••36 141' r42 -57 '.51 419 .577 ,80 Aleneva 67 57 61 _ 46 46 44 59 96_it _ 68 Chiniak 48 44 44 41 52 50 49 56 53 50 Karluk 38 38 40 34 35 32 28 27 29 27 Kodiak 6,626 6,541 5,796 5,670 6,139 6,210 6,109 6,100 6,173 6,334 _ USCG Base 1,321 _ 2;235 1,974 1,887 1;977 1,764 2,189 1,939 1,758 1,840 Larsen Bay 79 68 89 83 97 96 95 107 113 115 Old'Harbot 193 185. 201 _ _179 200 198 211 '226 236 237 Ouzinkie 170 168 166 172 189 187 172 189 204 225 Part Lions. 200 191 193 196 220 240 233 227 246 256 Womens Bay 740 792 747 759 704 689 681 684 683 690 . Remainder of Borough 4,327 4;587 4,317 4,349 3,992. 4,006' 3,940 3;943 4,025 3;991 TOTAL 13,860 13,954 13,664 13,457 13,693 13,573 13,817 13,643 13,565 13,913 Alaska Population Estimate 1999 1998 1997 1996 1995 1994 1993 1992 1991 1990 rkhiok QOP 1109_: 101' 84' '80 86 178 1777 177 193 Aleneva 0 0 0 0 0 0 0 6 0 0 - Chiniak 75 75 71 75 83 143 75 150 150 0 • - Karluk ` 41 48 48 . 57 58 65 74 71 71 82 Kodiak 6,893 6,859 6,749 6,869 7,620 7,428 7,581 7,229 7,229 6,787 USCG Base },837 1;703 1,746 1,871 2,049 2;066 2,016 2;129 2;129 '2129 Larsen Bay 137 127 120 127 130 153 144 147 147 149 OltlHarbor, 276 297 301 316 . 310 311 307 284. 284 322 ' Ouzinkie 256 252 246 259 259 221 210 209 209 216 ' _ Port_Lions 243 - 242 239 264 263 264 259 222 222 300 Womens Bay 675 674 662 672 749 746 674 843 843 0 Remainder of Boioygh 3;461 3;462 3;898 3,464 3;799 4;092 3,827, 4;174_ 4174 __ _5;601 TOTAL 13,989 13,848 14,181 14,058 15,400 15,575 15,245 15,535 15,535 15,679 \ \ Dove \departments \CD \U -CD -19 Econ Data \Census \2010 Census Data.xlsx 1 oft Case No. 12uOO7dA}3//e71dix Page 7 of 8 r Public Hearing Item 7 -1 KODIAK ISLAND BOROUGH P &Z July 20, 2011 POPULATION FIGURES Alaska Population Estimate 1989 1988 1987 1986 1985 1984 1983 1982 1981 1980 A hiok 93 .123 109 X103 '103 ■103' 103' 203' n/a n/a AleneQa 0 0 0 0 0 0 0 0 n/a -n /a _ _ Chiniak 0 0 0 0 0 0 0 185 n/a n/a Kaduk 82 107 102 102 102 102 102 107 n/a n/a Kodiak _ _6,774 6,774 6,681 6,668 6,602 6,469 6,072 5,873 n/a n/a USCG_ Base _1,995 1,995 14995 1,995 1,995 1,995 1,995 1,995 n/a n/a Larsen Bay 149 _ 169 217 180 180 180 180 180 n/a n/a Old Harbor 322 380 380 355 355 355 355 355 n/a _ n/a Ouzinkie _ _204 204 235 233 233 233 233 _233 n/a n/a _Port Lions _ _3_00 296 302 291 291 2 2 291 n/a _ _ n/a Womens Bay 0 0 0 0 0 0 0 521 n/a n/a ,Remainder of Borough 5;639 _5,527 4,187 4,025 3,887 3,661 _ 3,748 2;876 _ n/a n/a • TOTAL 15,558 15,575 14,208 13,952 13,748 13,389 13,079 12,714 n/a n/a Federal Census 2040 2030 2020 2010 2000 1990 1980 rkliiok - - - , _ '80 .77� $0 Aleneva _ _ _ 37 68 0 0 _ Chiniak 47 50 69 0 __ _Kailuk _ _ _ _ _ _ 37 27 _ 71 _ 96 __ _ Kodiak 6,130 6,334 6,365 4,756 USCG Base .1,30 1,840 _ . 2;025 1,370 _ Larsen Bay 87 115 147 168 Old 218 _ 237 284 340_ _ __ Ouzinkie 161 225 209 173 Port Lions 194 256 222 . 215_ Womens Bay 719 690 620 0 Remainder of Borough 4;590 3,991 3,220 2,716 TOTAL 13,592 13,913 13,309 9,939 \ \ Dove \ departments \CD \U -CD -19 Econ Data \Census \2010 Census Data.xlsx 2 af 2 Case No. 12 Page 8 of 8 KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 15, 2011 REGULAR MEETING ITEM NO: 13.A.1 TITLE: Contract No. FY2006 -41A Extension of Contract No. FY2006 -41 Auditing Services for the Kodiak Island Borough and Kodiak Island Borough School District for Fiscal Year 2011. SUMMARY: This amendment would extend the contract the Borough has with Altman, Rogers, and Co. to audit the financial statements of the Kodiak Island Borough and the Kodiak Island Borough School District for 1 year. This extension is due to staff turnover in the Borough Finance Department. It is important to have stability from the auditors due to the staff turnover. The school district agreed with continuing with the current auditors. This contract will be $19,200 under the budgeted amount. FISCAL NOTES: Account No.: 100 -165 432 -100 and acct number 201 -201 432 -000 Amount Budgeted: $120,000 Expenditure Required: $100,800. APPROVAL FOR AGENDA RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2006 -41A Extension of Contract No. FY2006 -41 with Altman, Rogers, and Co. .for Auditing Services for the Kodiak Island Borough and Kodiak Island Borough School District for Fiscal Year 2011 in the amount of $100,800 plus additional costs including, but not limited to, accounting assistance and support services for one year. Altman Rogers o. I «RI-CtUN P ERT IC ACCOUNTANTS August 12, 2011 Karlton Short, Finance Director Kodiak. Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Dear Mr. Short: Enclosed is the engagement letter to provide audit services for the year ended June 30, 2011. This letter is addressed to the Audit Committee or Borough Assembly; however, they may authorize anyone to sign this contract. A separate engagement letter has been sent to Luke Fulp, Business Manager at the Kodiak Island School District. Total fees for audit services including out -of- pocket costs were S33,800. Please feel free to contact me with any questions at (907) 274 -2992. Sincerely, ALTMVIAN, OGERS & CO. Karen I. Rogers, CPA Principal Enclosures 425 G Street Suite 500 Anchorage. Alaska 99501 Phone 907- 274 -2992 Fax 907- 274 -2993 Offices in Junenu and Soldotna A Professional Co pora ?ion ltry'xan, Rs ED Vaa PUBLIC, FCCOUN'rANTs August 12, 2011 Audit Committee or Chairman of the Board of Directors • Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Dear Audit Committee or Chairman: We are pleased to confirm our understanding of the services we are to provide Kodiak Island Borough for the year ended June 30, 2011. We will audit the financial statements of the governmental activities, the business -type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements, of Kodiak Island Borough as of and for the year ended June 30, 2011. Accounting standards generally accepted in the United States provide for certain required supplementary information (RSI), such as managements discussion and analysis (MD &A), to supplement Kodiak Island Borough's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to Kodiak Island Borough's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with managements responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1) Management's Discussion and Analysis. Supplementary information other than RSI also accompanies Kodiak Island Borough's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in 425 6 Street Suite 500 Anchorage, Alaska 99501 Phone 907- 274 -2992 Pax 907-274-2993 Offices in Juneau and Sotdotna A Professional Corporation Kodiak Island Borough Page 2 of 9 accordance with auditing standards generally accepted in the United States of America and will provide an opinion on it in relation to the financial statements as a whole: 1) Schedule of expenditures of federal awards. 2) Schedule of state financial assistance 3) Additional supplemental information The following information accompanying the basic financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and for which our auditors' report will disclaim an opinion: 1.) Transmittal letter. 2.) Statistical section. Audit Objectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. The objective also includes reporting on— • Internal control related to the financial statements and compliance with laws, regulations; and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. • Internal control related to major programs and an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations and the State of Alaska Audit Guide arid Compliance Supplement for State Single Audits. The reports on internal control and compliance will each include a statement that the report is intended solely for the information and use of management, the body or individuals charged with governance, others within the entity specific legislative or regulatory bodies, federal and state awarding agencies, and if applicable, pass- through entities and is not intended to be and should not be used by anyone other than these specified parties. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of OMB Circular A -133 and the State of Alaska Audit Guide and Compliance Supplement for State Single GASB 34 Govemmental – Letter #2 – Federal and State Single Audit Kodiak Island Borough Page 3 of 9 Audits, and will include tests of accounting records, a determination of major program(s) in accordance with OMB Circular A -133 and the State of Alaska Audit Guide and Compliance Supplement for State Single Audits, and other procedures we consider necessary to enable us to express such opinions and to . render the required reports. If our opinions on the financial statements or the Single Audit compliance opinions are other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. Management Responsibilities Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. Management is also responsible for identifying government award programs and understanding and complying with the compliance requirements, and for preparation of the schedule of expenditures of federal awards in accordance with the requirements of OMB Circular A -133 and the preparation of the schedule of state financial assistance in' accordance with the State of Alaska Audit Guide and Compliance Supplement for State Single Audits. As part of the audit, we will assist with preparation of your financial statements, schedule of expenditures of federal awards, and related notes. You are responsible for making all management decisions and performing all management functions relating to the financial statements, schedule of expenditures of federal awards, schedule of state financial assistance and related notes and for accepting full responsibility for such decisions. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements, the schedule of expenditures of federal awards and the schedule of state financial assistance and that you have reviewed and approved the financial statements, schedule of expenditures of federal awards, schedule of state financial assistance and related notes prior to their issuance and have accepted responsibility for them. Further, you are required to designate an individual with suitable skill, knowledge, or experience to oversee any nonaudit services we provide and for evaluating the adequacy and results of those services and accepting responsibility for them. Management is responsible for establishing and maintaining effective internal controls, including internal controls over compliance, and for evaluating and monitoring ongoing activities, to help ensure that appropriate goals and objectives are met and that there is reasonable assurance that government programs are administered in compliance with compliance requirements. You are also responsible for the selection and application of accounting principles; for the fair presentation in the financial statements of the respective financial position of the governmental activities, the business -type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of the Kodiak Island Borough and the respective changes in financial position and, where applicable, cash flows in conformity with U.S. generally accepted accounting principles; and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is also responsible for making all financial records and related information available to us and for ensuring that management and financial information is reliable and properly recorded. Your responsibilities also include identifying significant vendor relationships in which the vendor has GASB 34 Governmental — Letter #2 — Federal and State Single Audit Kodiak Island Borough Page 4 of 9 responsibility for program compliance and for the accuracy and completeness of - that information. Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible -for the design and implementation of programs and controls to prevent and detect • fraud, and for informing us about all known or suspected fraud or illegal acts affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in _communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws, regulations, contracts, agreements, and grants. Additionally, as required by OMB Circular A -133 and the State of Alaska Audit Guide and Compliance Supplement for State - Single Audits, it is management's responsibility to follow up and take corrective action on reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action plan. The summary schedule • of prior audit findings should be available for our review on the first day of audit fieldwork. You are responsible for the preparation of the supplementary information in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to present the supplementary information with the audited financial statements OR make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous financial audits, attestation engagements, performance audits, or other studies related to the objectives discussed in. the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective - actions, for the report, and for the timing and format for providing that information. Audit Procedures — General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting GASt3 34 Governmental – Letter #2 – Federal and State Single Audit Kodiak Island Borough Page 5 of 9 on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements or noncompliance may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or major programs. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential, and of any material abuse that comes to our attention. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors' is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors'. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding - sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about the financial statements and related matters. Audit Procedures — Internal Controls Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. As required by OMB Circular A -133 and the State of Alaska Audit Guide and Compliance Supplement for State Single Audits, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal and state award programs. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to OMB Circular A -133 and the State of Alaska Audit Guide and Compliance Supplement for State Single Audits. GASB 34 Governmental– Letter #2 – Federal and State Single Audit Kodiak Island Borough Page 6 of 9 An audit is not designed to provide assurance on internal control or to identify significant deficiencies. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards, Government Auditing Standards, OMB Circular A -133 and the State of Alaska Audit Guide.and Compliance Supplement for State Single Audits. Audit Procedures— Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of Kodiak Island Borough's compliance with applicable laws and regulations and the provisions of contracts and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. OMB Circular A -133 and the State of Alaska Audit Guide and Compliance Supplement for State Single Audits requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major programs. Our procedures will consist of tests of transactions and other applicable procedures described in the OMB CircularA -133 Compliance Supplement, the. State of Alaska Audit Guide and Compliance Supplement for State Single Audits and related addenda for the types of compliance requirements that could have a direct and material effect on each of Kodiak Island Borough's major programs. The purpose of these procedures will be to express an opinion on Kodiak Island Borough's compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to OMB Circular A -133 and the State of Alaska Audit Guide and Compliance Supplement for State Single Audits. Engagement Planning and Approach Karen I. Rogers is the engagement principal and is responsible for supervising the engagement and signing the report or authorizing another to sign it. We expect to begin our audit fieldwork in Summer of 2011 and to issue our reports by December 1, 2011. Our planned approach includes system documentation and testing of internal control over the following - systems; cash receipts, cash disbursements, payroll, year -end closing and journal entries. Audit Administration, Fees and Other We may from time to time, and depending on the circumstances, use third -party service providers in servicing your account. We understand that the Borough has the right to approve third party and independent contractors used on their audit. We may share confidential information about you with these service providers, but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality of GASH 34 Govemmental – Letter #2 – Federal and State Single Audit Kodiak Island Borough • Page 7 of 9 your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have the appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third -party service provider. Furthermore, we will remain responsible for the work provided by any such third -party service providers. If you desire no independent contractors be authorized to work on your audit, you must notify us in writing of this fact. We understand that your employees will prepare all cash, accounts receivable or other confirmations we request and will locate any invoices selected by us for testing, along with those items in the Client preparation packet, which will be provided before the start of the audit field work. At the conclusion of this engagement, we will complete the appropriate sections of and sign the Data Collection Form that summarizes our audit. findings. We will provide copies of our reports to Kodiak Island Borough; however, it is management's responsibility to submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors' reports, and a corrective action plan) along with the Data Collection Form to the designated federal clearinghouse and if appropriate, to pass- through entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of the auditors' report or nine months after the end of the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for audits, At the conclusion of the engagement, we will provide information to management as to where the reporting packages should be submitted and the number to submit. The audit documentation for this engagement is the property of Altman, Rogers & Co. and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to your cognizant or oversight federal agency for audit or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Altman, Rogers & Co. personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of seven years after the report release date or for any additional period requested by the federal or state cognizant or oversight agencies. If we are aware that a federal or state awarding agency, pass- through entity, or auditee is contesting an audit finding, we will contact the parties contesting the audit finding for guidance prior to destroying the audit documentation. GA SB 34 Governmental — Letter #2 — Federal and State Single Audit Kodiak Island Borough Page 8 of 9 Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 60 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out -of- pocket costs through the date of termination. The estimated fee for our services will be $65,500 including out -of- pocket costs. This estimate is based on anticipated cooperation from your personnel, your preparation of the financial statements, the assumption that unexpected circumstances will not be encountered and that significant deficiencies and /or material weaknesses will not be discovered during the audit. Additionally, if significant deficiencies or material weaknesses are found, our fees developing and writing deficiencies are estimated to be between $500 and $1,000 for each. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. You may request that we perform additional services not contemplated by this engagement letter. If this occurs, we will communicate with you regarding the scope of the additional services and the estimated fees. We also may issue a separate engagement letter covering the additional services. in the absence of any other written communication from us documenting such additional services, our services will continue to be governed by the terms of our proposal and this engagement letter. Our audit engagement ends on delivery of our audit report. Any follow -up services that might be required wit be a separate, new engagement. The terms and conditions.of that new engagement will be governed by a new, specific engagement letter for that service. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our 2009 peer review report accompanies this letter, We appreciate the opportunity to be of service to Kodiak Island Borough and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Sincerely, ALTMAN, ROGERS & CO. .a/iiii)211-e i Karen 1. 'ogers, CPA Principal GASS 34 Governmental - Letter #2 - Federal and State Single Audit • Kodiak Island Borough Page 9 of 9 RESPONSE: This letter correctly sets forth the understanding of Kodiak Island Borough for estimated audit fees of $ 65,500 including out -of- pocket costs for the year ended June 30, 2011. A rate schedule for potential additional engagement is also attached and is included as part of this agreement. Officer's Signature: Title: Date: • GASB 34 Govemmental - Letter #2 - Federal and State Single Audit • KODIAK ISLAND BOROUGH 710 Mill Bay Road Kodiak, AK 99615 EXTERNAL AUDIT SERVICES FOR THE KODIAK ISLAND BOROUGH AND THE KODIAK ISLAND BOROUGH SCHOOL DISTRICT RATE SCHEDULE FOR POTENTIAL ADDITIONAL ENGAGEMENT (S) 2011 Proposed Actual Staff Category Partner 275 325 Manager 225 275 Supervisor 180 200 Senior/In-charge 130 150 Staff 100 110 I : I t 0 r i d 9 r SO II ANDERSON ZURM L'EHLEN & CO. PC CERTIFIED PUBLIC ACCOU NTANTS & BJSINESS ADVISORS ZURMUEHLEN MEMBER: AaERIGAW''NSi;TU - GF CF. friIREDPUHl IC ASCOL'RTA M5I GLOEAL ALLIFlNCL INDEPCNOEA9MEMBER FIRM 0 5 r 0 0 0 p J r m O In s N System Review Report F 3 0 2 v i 3 To the Shareholders of o 0 Altman Rogers & Co and ce o r • Ti the Califomia Administering Peer Review Committee c x N. o m O to o x We have reviewed the system of quality control for the accounting and auditing practice of LL Altman Rogers & Co (the Firm) in effect for the year ended December 31, 2009. Our peer N review was conducted in accordance with the Standards for Performing and Reporting on o Peer Reviews established by the Peer Review Board of the American Institute of Certified N Public Accountants. The Firm is responsible for designing a system of quality control and complying with it to provide the Firm with reasonable assurance of performing and z ° reporting in conformity with applicable professional standards in all material respects. Our s responsibility is to express an opinion on the design of the system of quality control and 0 the firm's compliance therewith based on our review. The nature, objectives, scope, m limitations of, and the procedures performed in a System Review are described in the standards at www.aicpa.org/prsummary. As required by the standards, engagements selected for review included audits performed under Government Auditing Standards and audits of employee benefit plans. In. our opinion, the system of quality control for the accounting and auditing practice in effect for Altman Rogers & Co. for the year ended December 31, 2009, has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass, pass with deficiency(ies) or fail. Altman Rogers & Co. has received a peer review rating of pass. %4d7 A Butte, Montana April 27, 2010 KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 15, 2011 REGULAR MEETING ITEM NO: 13.B.1 TITLE: Resolution No. FY2012 -11 Adopting a State Legislative Capital Improvement Projects Priority List for the 2012 Legislative Session. SUMMARY: This resolution compiles the list of legislative capital improvement priority projects for the Kodiak Island Borough for the 2012 legislative session. It is important to have this list completed early so that projects may be considered by the different state agencies and hopefully be included in the Governor's Capital Budget. This list will be forwarded to our legislative delegation, the governor, and any state agencies that would have oversight and /or involvement in the project. FISCAL NOTES: N/A Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGEND� p� � % G , d RECOMMENDED MOTION: Move to adopt Resolution No. FY2012 -11. Introduced by: Borough Manager Requested by: Borough Assembly Drafted by: Special Projects Support CORRECTED VERSION Introduced: 09(15!2011 1 Adopted: 2 3 KODIAK ISLAND BOROUGH 4 RESOLUTION NO. FY2012 -11 5 6 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 7 ADOPTING A STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS 8 PRIORITY LIST FOR THE 2012 LEGISLATIVE SESSION 9 10 WHEREAS, the Kodiak Island Borough represents approximately 14,000 residents of the 11 Kodiak Island Archipelago living in six incorporated cities and one community governed by 12 a tribal council government; and 13 14 WHEREAS, a Borough —wide capital improvement program has been adopted by the 15 Kodiak Island Borough Planning & Zoning Commission which identifies major needs of the 16 island community for the next five years; and 17 18 WHEREAS, the Kodiak Island Borough Assembly has identified major projects to submit 19 to the Alaska Governor and State Legislative Delegation for funding consideration; 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK 22 ISLAND BOROUGH THAT: 23 24 Section 1: The Kodiak Island Borough's State Legislative capital improvement project 25 priorities for the 2012 legislative session are as follows: 26 27 1. Landfill Lateral Expansion 28 Estimated Project Cost: $13,650,000 29 Funding Sources: Revenue Bonds $3,650,000 30 State funding request: $10,000,000 31 32 The Borough's landfill is estimated to reach the limits of its permitted capacity within two 33 years. The most practical solution to address this problem is to construct new cells 34 adjacent to the existing landfill. Current ADEC regulations require the new cells to be fully 35 lined to capture all leachate or fluids produced by the waste. The captured leachate will be 36 processed either in a newly constructed treatment facility on -site, or transported several 37 miles to the waste water treatment plant through a newly constructed pressurized pipeline. • 38 39 The Kodiak landfill is operated as an enterprise fund with revenue derived from customer 40 fees. The high cost of this necessary project places an extreme financial burden on a 41 small number of rate - payers. The Borough is seeking funding assistance through the 42 Alaska Department of Environmental Conservation, Municipal Matching Grant, and the 43 Alaska Clean Water Fund Programs. Kodiak Island Borough Resolution No. FY2012 -11 Page 1 of 6 44 2. KHS Voc -Ed /Phys Ed Renovation 45 Estimated Project Cost: $80,800,000 46 Funding Sources: Sale of Bonds $65,300,000 47 State funding request: $15,500,000 48 49 Kodiak Island Borough voters have approved a construction project to renovate and 50 expand the existing high school. This $80.8 million project includes the redesign and 51 renovation of the high school's existing vocational and physical education facilities at a 52 cost of approximately $15,000,000. 53 54 Vocational /Career Tech training is essential for Kodiak students. The Kodiak High School 55 Career Tech program includes training in the traditional vocational education classes such 56 as welding, woodshop, and auto mechanics, and has broadened to prepare students for 57 21st century careers by including CAD Drafting, Multi -media Production, 58 Seamanship /Maritime Science, Culinary Arts, Health Sciences, and Computer 59 Applications. The existing vocational complex was built in 1966 with several additions and 60 renovations made throughout the years. The complex is now functionally obsolete and 61 unable to support the program. The need for renovation of the existing high bay spaces 62 and large footprint of the existing complex provides the basis for design and construction 63 of a facility to house a quality Career Tech program at Kodiak High School. 64 65 The existing physical education space needs a significant reconfiguration to incorporate 66 an indoor running track, a bleacher configuration in the gymnasium, and a 67 wrestling /weight /cardio program area. The existing basement area locker rooms which 68 were originally designed to serve a swimming pool that no longer exists also need to be 69 renovated to suit the current phys -ed program needs. A cohesive facility that supports a 70 well- rounded physical fitness program indoors is an essential element to good health and 71 development considering Kodiak's frequent inclement weather conditions. 72 73 Given that the DEED debt reimbursement formula does not allow adequate space for PE 74 and Voc Ed spaces for this project and thus creates an unreasonable financial burden on 75 local tax payers; and the state's responsibility to provide vocational education and training, 76 and the significantly higher costs vocational facilities add to the high school renovation, 77 the borough is requesting legislative funding for the vocational and physical education 78 portions of the renovation. 79 80 3. Service Area Paving 81 Estimated Project Cost $5,000,000 82 Funding Sources: local improvement district $1,000,000 83 State funding request: $4,000,000 84 85 This project addresses the on -going need to pave portions of Borough Service Area Kodiak Island Borough Resolution No. FY2012 -11' Page 2 of 6 86 roads. There are approximately 26 miles of road among four Road Service Areas that 87 connect residential neighborhoods with the greater Kodiak community. Paving projects will 88 address main thoroughfares or busy neighborhood roads as well as improvements to 89 major drainage course that runs through these areas. 90 91 Paving service area roads eliminates poor air quality experienced by the neighborhood. 92 Kodiak's road construction material is shale /mudstone that breaks down easily into fine air 93 borne dust and volcanic ash. Kodiak's rainy climate and winter freeze and thaw of road 94 bed material promote major maintenance issues with the development of pot holes and 95 degradation of road surfaces. 96 97 Residents located within the paving area will contribute, through a local improvement 98 district, a percentage of the engineering and improvement costs. Due to the high cost of 99 asphalt, the Borough is seeking the state's financial assistance to help to reduce this cost 100 to the residents. The Borough's paving needs will be phased in and completed on a 101 priority basis as funding is available. 102 103 4. Road Access to Ice Free Water near Anton Larsen Bay 104 Estimated Project Cost $14,000,000 105 State funding request: $14,000,000 106 107 In 2010 the Kodiak Island Borough hired the McDowell Group with funding from the Denali 108 Commission Transportation Program and the Alaska Department of Transportation to 109 conduct the Island -Wide Transportation Feasibility Study. Based on findings in this study, 110 the Kodiak Island Borough is requesting funding for the Department of Transportation to 111 investigate three potential road extensions to determine the preferred route, and to design 112 and construct the road extension to provide year round access to ice free waters near 113 Anton Larsen Bay. 114 115 Anton Larsen Bay is a popular access point to and from Kodiak Island's west side. There 116 is a small dock and boat ramp inside the bay that is heavily used in the spring, summer 117 and fall by residents and visitors accessing the west side of Kodiak Island as a safer and 118 shorter route than traveling around the north end of the island by boat. The existing dock 119 only supports small transient vessels and is not accessible in the winter because the 120 shallow bay ices over once the weather brings freezing temperatures. A road extension to 121 ice free water not only provides for year round access but also provides for the possibility 122 of a deep water dock supporting larger vessels for potential economic development. 123 124 5. Pedestrian /Bike Trail — Deadman's Curve to USCG Main Gate 125 Estimated Project Cost $11,700,000 126 State funding request: $3,000,000 127 Kodiak Island Borough Resolution No. FY2012 -11 Page 3 of 6 128 The Kodiak Island Borough, in conjunction with the City of Kodiak and interested 129 community members, is working to develop a designated pedestrian /bike pathway system 130 for residents and visitors. This pathway will complement Kodiak's road system by 131 providing safe bike and pedestrian access from the northern most end of the road system, 132 at White Sands Beach, to the Bells Flats community south of the City of Kodiak. The trail 133 will promote both a healthier lifestyle and reduce the use of fossil fuels. It is beneficial to 134 local residents as well as the visiting public, some of whom arrive by cruise ships that 135 dock nearby. 136 137 This request addresses a section of trail along Rezanof Drive from Deadman's Curve to 138 Tom Stiles Road (at the far end of Boy Scout Lake) which is a portion of the project's 139 Phase 1B from Deadman's Curve to the main gate at the US Coast Guard base. 140 141 We are requesting that this project be funded and managed through the Department of 142 Transportation as the trail will be along the state roadway. The Kodiak Island Borough will 143 be responsible for maintenance of the trail after it is constructed by DOT. 144 145 6. Traffic Safety Lighting (Kodiak to U.S.C.G. Support Center) 146 Estimated Project Cost $15,000,000 147 State funding request: $2,000,000 148 149 This request is to provide funding to the Department of Transportation for planning and 150 design and to develop a plan of prioritized phased construction for the installation of street 151 lighting along Rezanof Drive between the City of Kodiak and the U.S. Coast Guard 152 Support Center. This section of roadway is approximately five miles of dark two lane road 153 with an average speed limit of 45 miles per hour. It is a heavily travelled stretch of road 154 used by those going to and from the state airport, working on the United States Coast 155 Guard Base and commuting between outlying communities and the City of Kodiak. 156 157 7. Fire Protection No 1 Emergency Generator 158 Estimated Project Cost $45,000 159 Funding Sources: local $5,000 160 State funding request: $40,000 161 162 The Bayside Fire Station is part of the critical infrastructure of the Kodiak Island Borough, 163 consisting of emergency equipment for fire suppression, emergency medical services, 164 mass casualty incidents, mass decontamination, emergency communications, and a first 165 responder shelter. The Bayside Fire Station is susceptible to loss of power during extreme 166 weather events, natural and manmade disasters, and loss of power transmission lines or 167 equipment. A back -up emergency generator is essential to provide continued critical 168 services to the community. 169 Kodiak Island Borough Resolution No. FY2012 -11 Page 4 of 6 170 In June of 2010 the Borough completed construction of an addition to the fire hall which 171 included the installation of the necessary boxes, conduits, and wiring to install a new 172 emergency generator and switch gear. This $45,000 project will purchase and install a 173 100kw backup emergency generator and switch gear. The new equipment will be housed 174 inside at the Bayside Fire Station and will be operated and maintained by the Bayside Fire 175 Station. 176 177 8. Mill Bay Beach Access and Recreation Upgrade 178 Estimated Project Cost $163,000 179 Funding Sources: Grant $100,000 180 State funding request: $63,000 181 182 Mill Bay Beach is a popular recreational park located close to town and used by residents, 183 visitors and community programs for a variety of activities such as picnics, beach walks, 184 tide - pooling, sport fishing, kayaking, scuba diving, and surfing. Proposed construction 185 items include new stairs and handicap accessible walkways, trail enhancements between 186 two beach sites and a small raft /kayak launch. Planning and design have already been 187 funded. 188 189 9. Womens Bay Playground Upgrades 190 Estimated Project Cost $100,000 191 Funding Sources: local /grant $50,000 192 State funding request: $50,000 193 194 The playground equipment at the two parks in Womens Bay known as Panamaroff Park 195 and Sargent Creek Park is estimated to be thirty (30) years old. It is in need of 196 replacement. These parks serve each side of the Womens Bay Community and are the 197 recreational centers of the two neighborhoods. The goal of this project is to provide safe 198 playground equipment for Womens Bay Community. 199 200 10. Engineering and Design for East Elementary Traffic Flow Improvements 201 Estimated Project Cost: $815,000 202 Funding Sources: KIB $81,500 203 State funding request: $733,500 204 205 East Elementary School was constructed in 1966 with a substantial addition in 1988. The 206 facility now totals 39,842 Square feet with 25 teaching stations. Since the expansion, 207 increased traffic flows have created dangerous vehicle /student hazards when students are 208 entering and leaving school. Reconfiguration of the parking area will reduce risks by 209 providing for a safer separation of pedestrians, small vehicle traffic and bus 210 loading /unloading. A new design will require an increase in the total area of the parking lot 211 to allow adequate parking to support increased building usage and occupant load. Kodiak Island Borough Resolution No. FY2012 -11 Page 5 of 6 212 213 214 215 216 11. Peterson Elementary School Parking Lot Paving 217 Estimated Project Cost: $1,690,000 218 Funding Sources: KIB $169,000 219 State funding request: $1,521,000 220 221 Peterson Elementary School was built by the U.S. Navy on government property in 1945 222 to provide an educational facility for dependent children. The building has been conveyed 223 to the Kodiak Island Borough and provides elementary education for children of Coast 224 Guard families living on base and for children of the Bells Flats neighborhood. The parking 225 lot for this 39,967 square foot facility is gravel, and requires excessive maintenance 226 expense due to continual pothole repair, re- grading and surfacing. A paved surface will 227 not only reduce maintenance expenses it will mitigate ice hazards in the cold months of 228 the year and will provide safer and cleaner facilities for our students, faculty, staff, and 229 parents. 230 231 Section 2: The Kodiak Island Borough administration is hereby instructed to advise our 232 State of Alaska Governor and Legislative Delegation of the Capital 233 Improvement Projects Priority List adopted by the Kodiak Island Borough 234 Assembly. 235 236 237 238 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 239 THIS DAY OF , 2011 240 241 KODIAK ISLAND BOROUGH 242 243 244 245 ATTEST: Jerome M. Selby, Borough Mayor 246 247 248 249 Nova M. Javier. MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2012 -11 Page 6 of 6 Introduced by: Borough Manager Requested by: Borough Assembly Drafted by: Special Projects Support Introduced: 09/15/2011 1 Adopted: 2 3 KODIAK ISLAND BOROUGH 4 RESOLUTION NO. FY2012 -11 5 6 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 7 ADOPTING A STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS 8 PRIORITY LIST FOR THE 2012 LEGISLATIVE SESSION 9 10 WHEREAS, the Kodiak Island Borough represents approximately 14,000 residents of the 11 Kodiak Island Archipelago living in six incorporated cities and one community governed by 12 a tribal council government; and 13 ` 14 WHEREAS, a Borough —wide capital improvement program 'has been adopted by the 15 Kodiak Island Borough Planning & Zoning,Commission which identifies major needs of the 16 island community for the next five years and, `, '+ 17 } '4Z '1, 18 WHEREAS, the Kodiak Island Borough Assembly has identified major projects to submit 19 to the Alaska Governor and State Legislative Delegation f or funding consideration; 20 21 NOW, THEREFORE, BE IT RESOLVED :BY -THE ASSEMBLY OF THE KODIAK 22 ISLAND BOROUGH/THAT:, , 23 \ s I 24 Section 1: The Kodiak Island Boroughs %State Legislative capital improvement project 25 priorities for the 2012 legislativesession are as follows: 26 1 Landfill Lateral Expansion 28 Estimated Project Cost: w� $13,650,000 29 Funding Revenue Bonds „,; $3,650,000 30 State funding request:'. $10,000,000 31 'L 32 The Borough's landfill is estimated to reach the limits of its permitted capacity within two 33 years. The most; practical ,olution to address this problem is to construct new cells 34 adjacent to the existing,landfill' Current ADEC regulations require the new cells to be fully 35 lined to capture all leach or fluids produced by the waste. The captured leachate will be 36 processed either in a newly constructed treatment facility on -site, or transported several 37 miles to the waste water treatment plant through a newly constructed pressurized pipeline. 38 39 The Kodiak landfill is operated as an enterprise fund with revenue derived from customer 40 fees. The high cost of this necessary project places an extreme financial burden on a 41 small number of rate - payers. The Borough is seeking funding assistance through the 42 Alaska Department of Environmental Conservation, Municipal Matching Grant and the 43 Alaska Clean Water Fund Programs. Kodiak Island Borough Resolution No. FY2012 -11 Page 1 of 5 44 2. KHS/Voc -Ed Renovation 45 Estimated Project Cost: $80,800,000 46 Funding Sources: Sale of Bonds $65,300,000 47 State funding request: $15,500,000 48 49 Kodiak Island Borough voters have approved a construction project to renovate and 50 expand the existing high school. This $80.8 million project includes the redesign and 51 renovation of the high school's existing vocational facilities at a cost of approximately 52 $15,500,000. Vocational /Career Tech training is essential for ";Kodiak students. The Kodiak 53 High School Career Tech program includes training in the traditional vocational education 54 classes such as welding, woodshop, and auto mechanics;4nd has broadened to prepare 55 students for 21st century careers by including CAD/Drafting, Multi -media Production, 56 Seamanship /Maritime Science, Culinary Arts and Computer Applications. 57 58 The existing vocational complex was built in `1966 with several add t ons and renovations 59 made throughout the years. The complex is `now functionally obsolete and unable to 60 support the program. The need for renovation oflthe existing high bay spaces and large ,. t >,. �, :., 61 footprint of the existing complex. provides the basis'fordesign and construction of a facility 62 to house a quality Career Tech. program at Kodiak; High School. Given the state's 63 responsibility to provide vocational,'education� and training and the significantly higher 64 costs vocational facilities add to the,High school`: renovation; "the borough is requesting 65 legislative funding for the,, vocational portion of the renovation 0 66 "--.4g",, t ` 67 3. Service Area Paving 68 Estimated Project Cost $5,000,000 69 Funding. Sources: local improvement district $1,000,000 70 State "request: $4,000,000 71 72 This project addresses the i ongoing need to pave portions of Borough Service Area 73 roads. There are approximately 264iles of road among four Road Service Areas that 74 connect residential neighborhoods with the greater Kodiak community. Paving projects will 75 address main thoroughfares or busy neighborhood roads as well as improvements to 76 major drainage course that runs through these areas. 77 78 Paving service area roads eliminates poor air quality experienced by the neighborhood. 79 Kodiak's road construction material is shale /mudstone that breaks down easily into fine air 80 borne dust and volcanic ash. Kodiak's rainy climate and winter freeze and thaw of road 81 bed material promote major maintenance issues with the development of pot holes and 82 degradation of road surfaces. 83 84 Residents located within the paving area will contribute, through a local improvement 85 district, a percentage of the engineering and improvement costs. Due to the high cost of Kodiak Island Borough Resolution No. FY2012 -11 Page 2 of 5 86 asphalt, the Borough is seeking the state's financial assistance to help to reduce this cost 87 to the residents. The Borough's paving needs will be phased in and completed on a 88 priority basis as funding is available. 89 90 4. Traffic Safety Lighting (Kodiak to U.S.C.G. Support Center) 91 Estimated Project Cost $15,000,000 92 State funding request: $2,000,000 93 94 This request is to provide funding to the Department of Transportation for the planning 95 and design of street lighting along Rezanof Drive betweenalie City of Kodiak and the U.S. 96 Coast Guard Support Center. This section of roadway'is approximately five miles of dark 4' �Y�`�d2 � 97 two lane road with an average speed limit of 45 miles per hour. It is a heavily travelled 98 stretch of road used by those going to and froth the state airport, working on the United 99 States Coast Guard Base and commuting between outlying communities and the City of 100 Kodiak. 101 ^� /" 102 5. Pedestrian /Bike Trail — Deadman's Curve to Torn Road 103 Estimated Project Cost s 1.01 % $11,700,000 104 State funding request: , $3,000,000 105 106 The Kodiak Island Borough, in conjunction with,,, the City of Kodiak and interested 107 community members isworking to devel p a designated, pedestrian /bike pathway system 108 for residents and °visitors. This pathway complement,, Kodiak's road system by 109 providing safe bikeand pedestrian access from'the northern most end of the road system, 110 at White Sands Beach to the Bells Flats `community south of the City of Kodiak. 111 Constructing a -section Of trail along,Rezanof Drive from Deadman's Curve to Tom Stiles fA' 3 . 112 Road (at per' th`e far -entof Boy,Scou t Lake). r,np`,•letes a phase of the larger project. The trail ,, om hea , . 113 wilkprote both a lthier lifestyle and reduce the use of fossil fuels. It is beneficial to 114 local residents as well as visit ng public, some of whom arrive by cruise ships that 115 dock nearby:, 4A 0. 116 117 We are requesting that thislproject be funded and managed through the Department of 118 Transportation as'the - trail will be along the state roadway. The Kodiak Island Borough will 119 be responsible for maintenance of the trail after it is constructed by DOT. 120 121 6. Mill Bay Beach Access and Recreation Upgrade 122 Estimated Project Cost $163,000 123 Funding Sources: Grant $100,000 124 State funding request: $63,000 125 126 Mill Bay Beach is a popular recreational park located close to town and used by residents, 127 visitors and community programs for a variety of activities such as picnics, beach walks, Kodiak Island Borough Resolution No. FY2012 -11 Page 3 of 5 128 tide - pooling, sport fishing, kayaking, scuba diving and surfing. Proposed construction 129 items include new stairs and handicap accessible walkways, trail enhancements between 130 two beach sites and a small raft/kayak launch. Planning and design have already been 131 funded. 132 133 7. Womens Bay Playground Upgrades 134 Estimated Project Cost $100,000 135 Funding Sources: local /grant $50,000 136 State funding request: r $50,000 137 " f7a. / , 138 The playground equipment at the two parks in Womens known as Panamaroff Park 139 and Sargent Creek Park is estimated to be thi4,430)11years old. It is in need of 140 replacement. These parks serve each side of,the,Womens‘Bay and are the 141 recreational centers of the two neighborhoods: The goal of th stproject is to provide safe 142 playground equipment for Womens Bay Community. 143 144 8. Fire Protection No 1 Emergency Generator 145 Estimated Project Cost 'I C* 2 $45,000 146 Funding Sources: local $5,000 147 State funding request: �r "M, $40,000 148" 149 The Bayside Fire Station is of the critical infrastructure of the Kodiak Island Borough, 4 s ' 150 consisting of emergency equipment forcfire,suppression`°emergency medical services, 151 mass casualty incidents, mass, decontamination, emergency communications, and a first 152 responder shelter ' The Bayside Fire Station. is susceptible to loss of power during 153 extreme: weather .events }.natural,andirnanmade `disasters, and loss of power transmission 154 Imes ors1equipment { A back -up em gen is essential to provide continued 155 cnticaliservices to th:-..,,,1%111÷.„. mmunity',, 156_.. Firs 157 In June 'of, 2010 the Borough construction of an addition to the fire hall which 158 included the jnstallation of'\,the necessary boxes, conduits, and wiring to install a new 159 emergency gen Bator and switch gear. This $45,000.00 project will purchase and install a 160 100kw backup eme gency generator and switch gear. The new equipment will be housed 161 inside at the Bayside-Fireetation and will be operated and maintained by the Bayside Fire 162 Station. 163 164 Section 2: The Kodiak Island Borough administration is hereby instructed to advise our 165 State of Alaska Governor and Legislative Delegation of the Capital 166 Improvement Projects Priority List adopted by the Kodiak Island Borough 167 Assembly. 168 169 170 Kodiak Island Borough Resolution No. FY2012 -11 Page 4 of 5 171 ADOPTED e THE ASs MBA OF THE KO DIAK ISLAND BOROUGH 172 THIS DAY OF ,2011 173 174 KODIAK aGNDe UGH 175 !& 177 178 ATTEST. Jerome M. Selby, Borough Mayor 179 181 182 Nova M. Javier. MM ,Borough Clerk : / ,x» / \, y ' \ / . »w . « \ 2 \\ v \ 3 • \ % , t � \ \ \ \ ) Kodiak Island Borough Resolution No. FY2012-11 Page 5 of 5 Introduced by: Borough Manager 1 Requested by: Borough Assembly 2 Drafted by: Speciai Protects 3 Support Christiansen 4 Introduced: 0 9/1 612 01 0 Amended: 09/17/2010 5 Adopted: 09/17/2010 6 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY2011 -06 9 10 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 ADOPTING A STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS 12 PRIORITY LIST FOR THE 2011 LEGISLATIVE SESSION 13 14 WHEREAS, the Kodiak Island Borough represents approximately 14,000 residents of the 15 Kodiak Island Archipelago living in six incorporated cities and one community governed by 16 a tribal council government; and 17 18 WHEREAS, a Borough —wide State legislative capital improvement program has been 19 adopted by the Kodiak Island Borough Assembly that identifies the major needs of the 20 island community for the next five years; and 21 22 WHEREAS, the Kodiak Island Borough has identified major projects to submit to the 23 Alaska Governor and State Legislative Delegation for funding consideration. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK 26 ISLAND BOROUGH THAT: 27 28 Section 1: The Kodiak Island Borough's State Legislative capital improvement project 29 priorities for the 2011 legislative session are as follows: 30 1. New High School/Vocational Education Total estimated cost for the project: $80,800,000 Funding Sources: Sale of Bonds $65.300,000 State funding request: $15,500,000 The existing Kodiak High School complex was built in 1966 with several additions and renovations made throughout the years. The building is now functionally obsolete, is not energy efficient, and is overcrowded with 800 students in a school that was built for 550. The full project will renovate all existing facilities of the existing high school building and provide addition facilities to accommodate decades of student population growth. Additionally, this project will renovate existing spaces of the high school for administrative offices for School District -wide functions. A small obsolete building will be demolished to make room for the new academic wing. The primary objective of this project is to design the renovation of the existing facilities for current and future vocational, academic, art, athletic, and rural needs, and to build additional academic and common spaces to enrich the students' education with essential student activities and regional community involvement. This renovation and Kodiak Island Borough Resolution No. FY2011 -06 Page 1 of 6 addition would capture the latest technology for energy efficiencies and sustainabil!ly. Approximately $15,500,000 of the cost of this project is for vocational facilities that are needed for the Kodiak Island region. Funding for this project will come from a Borough - wide bond sale which will include local contribution and state reimbursement. Given the state's responsibility to provide vocational education and training, and the significantly higher costs vocational facilities add to the high school renovation, the Borough is requesting legislative funding for the vocational portion of the renovation in the amount of $15.5 million. 31 2. New Long Term Care Facility — Planning and Design Total estimated cost for the project: $1,500,000 Funding Sources: Kodiak Island Borough, KANA, CDBG $225,000 State funding request: $1,275,000 Kodiak Island's only long term care facility is in need of replacement. The "Care Center' is housed in a former hospital wing that was never meant to be a nursing home. The use of this space presents space, safety, security, and privacy concerns in an institutional environment. A new facility, modeled after the Green House® concept, which feels more like a home than an institution is the preferred replacement. Planning and pre - development activities are necessary to determine the needs and financial feasibility of a new facility. 32 3. Womens Bay Tsunami /Emergency Shelter Total estimated cost for the project: $1,500,000 Funding Sources: HUD EDI $475,000 State funding request: $1,025,000 There is no emergency shelter in the Womens Bay Community. Womens Bay is located 8 miles from town and 2 miles from the United States Coast Guard Support Center. Should there be a tsunami that destroys the roads, or a rock slide at Womens Mountain or Pillar Mountain, the community of 700 residents would be without support services. A logical location for an emergency shelter is adjacent and attached to the Womens Bay Fire Department. A 2,500 square foot addition with an emergency generator is proposed. Department of Housing and Urban Development, Economic Development Initiative funds in the amount of $475,000 have been appropriated for this project. 33 4. Pathway Design: Kodiak City Limits to USCG Base Entrance Total estimated cost for the project: $11,700.000 Funding Sources: Kodiak Island Borough $159,000 State funding request: $1,590,000 The Kodiak Island Borough, in conjunction with the City of Kodiak and interested community members, is working to develop a designated pedestrian /bike pathway system for Kodiak residents and visitors. This pathway will complement Kodiak's road system by providing safe bike and pedestrian access from the northern most end of the road system. at White Sands Beach, to the Bells Flats community south of the City of Kodiak. This phase of the project addresses a segment of the pathway, Phase I, which Kodiak Island Borough Resolution No. FY2011 -06 Page 2 of 6 will extend from the Kodiak City boundary . (Deadman's Curve) and a well used scenic overlook to the entrance of the USCG Base. Other phases of the project, outside the City of Kodiak, are: Phase II from the USCG Base entrance to Panamaroff Creek (Bells Flats community) and Phase III from Otmeloi Way to White Sands beach. Each of these phases is a significant component of an integrated, community friendly pathway system. A planning level scoping document has already been completed to support this project. Total project costs for this phase of the pathway project is estimated at $11.7 million; the Kodiak Island Borough is requesting State funding assistance for design and engineering costs associated with this section of pathway. 34 5. Anton Larsen Dock Total estimated cost for the project: $2,000,000 Funding Sources: Kodiak Island Borough $15,000 State funding request: $200,000 The Anton Larsen Floating Dock is located 18 miles from the town of Kodiak. It was originally constructed as a supply dock for work associated with the Terror Lake Hydroelectric Project. Instead of dismantling the dock upon the completion of the darn, the Borough became interested In it. It is a facility that is heavily used by residents of the rural communities of Port Lions and Ouzinkie, as well as those living on the island's west side. During the summer it is also used by charter boats and sport and commercial fishermen. This interest resulted from the boating public's desire for a safer route to the community of Kodiak through Anton Larsen Bay. A road leads to the City of Kodiak from this dock, bypassing the potential risk to loss of life and property that is huge when navigating around Spruce Cape. Spruce Cape is one of the most dangerous stretches of water on Kodiak Island and many people risk navigating around this cape to receive essential services. The KIB improved the dock in 1995 by driving piles and refurbishing the floating dock structure. Much more needs to be done to replace the dock and piles and design an improvement to this important facility. Total project cost is estimated at $2 million; we are requesting state funding assistance in the amount of $200,000 for engineering and design of the needed improvements. 35 6. Traffic Safety Lighting from the City of Kodiak to the United States Coast Guard Base, Planning and Design Total estimated cost for the project: $15,000,000 State funding request: $2,000,000 One road connects the City of Kodiak to the state airport, the U.S. Coast Guard Support Center and neighborhoods located roughly south of town. This stretch of roadway between the city limits and the Coast Guard Base is approximately five miles of dark, two lane winding roadway with an average speed limit of 45 miles per hour. The lack of highway lighting is a significant safety concern along this section of heavily traveled road. 36 Kodiak Island Borough Resolution No. FY2011 -06 Page 3 of 6 37 7. Service Area Paving $5,000,000 Funding Sources: Kodiak Island Borough $1,000,000 State funding request: $4,000,000 This project addresses the on -going need to pave portions of Borough Service Area roads. There are approximately 26 miles of road among four Road Service Areas that connect residential neighborhoods with the greater Kodiak community. Paving projects will address main thoroughfares or busy neighborhood roads as well as improvements to major drainage course that runs through these areas. Paving service area roads eliminates poor air quality experienced by the neighborhood. Kodiak's road construction material is shaleimudstone that breaks down easily into fine air borne dust and volcanic ash. Kodiak's rainy climate and winter freeze and thaw of road bed material promote major maintenance issues with the development of pot holes and degradation of road surfaces. Residents located within the paving area will contribute, through a local improvement district, a percentage of the engineering and improvement costs. Due to the high cost of asphalt, the Borough is seeking the state's financial assistance to help to reduce this cost to the residents. The Borough's paving needs will be phased in and completed on a priority basis as funding is available. 33 8. Emergency Generators for Schools Total estimated cost for the project: 63,206,000 State funding request: $2,564,800 Many of our in -town and village school facilities act as emergency shelters during extreme weather events or during times of natural or economic catastrophes, We have identified and prioritized the need to equip the following schools with emergency generators: East Elementary School $780,000 Kodiak High School $466,000 ()Id Harbor village school $1,007,000 Karluk village school $33,000 Port Lions village school $920,000 Equipping these facilities with emergency generators will provide power for sheltering needs and back -up power during short term loss of electricity. These generators will be housed permanently at the school facilities and become part of the building. Located at these sites, they can be tested, operated and maintained as part of the service to the overall school building. 39 Kodiak Island Borough Resolution No. FY2011 -06 Page 4 of 6 40 9. Engineering & Design for East Elementary Traffic Flow Improvements Total estimated cost for the project: $500,000 Funding Sources: Kodiak Island Borough $50,000 State funding request: $450,000 Reconfiguration of the existing parking area at East Elementary School will reduce risks by providing for a safer separation of pedestrians, small vehicle traffic and bus loading /unloading. A new design will require an increase in the total area of the parking lot to allow adequate parking to support increased building usage and occupant load. 41 10. Peterson Elementary School Parking Lot Paving Total estimated cost for the project: S1,150,000 Funding Sources: Kodiak Island Borough $115,000 State funding request: $1,035,000 Peterson Elementary School is one of six "in- town" public schools of Kodiak. Each of the other five schools has paved driveways and parking spaces. Peterson's surrounding topography is very level thus making drainage a challenge. This weak drainage forces a routine battle against the development of potholes throughout its gravel driveways and parking areas. All surrounding public roadways within four miles of the school are paved. Paving this school's driveways and parking will provide safer and cleaner facilities for our students, faculty, staff and parents. 42 11. Maintenance (painting) of the Near Island Bridge Total estimated cost for the project: $10.000,000 State funding request: $10,000,000 Bridge work currently conducted by the Alaska Department of Transportation is performed based on safety issues. Proper maintenance and painting will ensure the long term usefulness and safety of the Near Island Bridge. This project will include sandblasting and painting of the bridge. 43 12. Chiniak Warning Siren Total estimated cost for the project: $45,000 State funding request: $45,000 Due to the linear development of the Chiniak community, the existing warning siren is not audible to all areas of the community. A siren could be placed in a second location in Chiniak to alert this section of the community. 44 13. Planning and Design for Mill Bay Beach Access Improvements Total estimated cost for the project: 563,000 State funding request: $63,000 Mill Bay Beach is heavily used by residents, sport fishermen and the community who come to view this bay located close to town. New construction items proposed here include the construction of new access stairs and walkways, as well as trail enhancements between the two beaches, and a small raft/kayak launch. Kodiak Island Borough Resolution No. FY2011 -06 Page 5 of 6 45 14. Womens Bay Playground Upgrades Total estimated cost for the project: $100,000 Funding Sources: Grants, other funds $50,Q00 State funding request: $50,000 The playground equipment in the parks in the Womens Bay community, Panamaroff Park, and Sargent Creek Park, is estimated to be thirty years old. The equipment is in need of replacement. These parks serve each side of the Womens Bay community ane are the recreational centers of the two neighborhoods. Initial research conducted by residents demonstrates that grants are available to pay for many needed improvements. The goal is to provide safe playground equipment for the Womens Bay community. 46 47 Section 2: The Kodiak Island Borough administration is hereby instructed to advise our 48 State of Alaska Governor and Legislative Delegation of the Capital 49 Improvement Projects Priority List adopted by the Kodiak Island Borough 50 Assembly. 51 52 53 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 54 THIS SIXTEENTH DAY OF SEPTEMBER 2010 55 56 ' - KODIAK ISLAND BOROUGH 57 - - 60 ATTEST: Jerome M. Selby, Borough Ma or 62 63 v a • i (r 64 Nova aver. =MMC Borough Clerk Kodiak Island Borough Resolution No. FY2011 -06 Page 6 of 6 Introduced by: Requested by: Drafted by: Introduced: Adopted: KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RESOLUTION NO. FY2012 -XX A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING A CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST FOR FY 2012 -2016 WHEREAS, the Kodiak Island Borough represents approximately 13,500 residents of the Kodiak Island Archipelago living in six incorporated cities and one community governed by a tribal council government; and WHEREAS, a Borough —wide capital improvement program is adopted annually by the Kodiak Island Borough Assembly with recommendations from the Planning and Zoning Commission. This list identifies the major needs of the island community for the next five years; and WHEREAS, the Kodiak Island Borough identifies priority projects to be submitted to the Alaska State Legislative Delegation, the Federal Legislative Delegation and when applying for grants. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Kodiak Island Borough Planning and Zoning Commission recommend the following capital improvement projects, not in any priority order, for adoption into the Kodiak Island Borough FY 2011 — 2015 CIP list of capital projects: 1. Pier III Replacement $30,000,000 Pier III is one of Kodiak's main cargo piers and its only facility for handling containerized cargo. Pier III is a critical piece of infrastructure to sustain the local economy and enable future development in Kodiak. The current pile supported structure will reach the end of its design life within the next 5 years. The existing pier experiences corrosion, wear, and limited capacity, and requires extensive maintenance to keep it operational. Replacement costs are currently estimated to be between $20- $30 million. This year, the City will evaluate the appropriate structure type, alignment, and construction phasing to refine the cost estimate. Final design must be completed within the next year to keep the project moving forward toward replacement. The project will be funded through a combination of local Port and Harbor revenues, tenant fees, General Fund revenues, and State and Federal grants 2. Landfill Lateral Expansion $10,000,000 The Borough's landfill is quickly filling up. The solution is to locate a lateral expansion area adjacent to infrastructure presently serving the existing landfill. A lateral expansion has to meet all EPA and DEC regulations which include the need to trap all fluids by lining the bottom of the expansion area. This "leachate" will have to be treated either on -site or at the City wastewater treatment plant. 3. E911 Replacement Equipment $350,000 The City of Kodiak completed construction of the new public safety building in 2010. One of the important aspects of the new facility is to continue to provide area -wide dispatch services and enhanced 911 (E91I) service to the Kodiak area. The City completed a study which advised replacement of the system. The study indicated that basic upgrades with future expansion capabilities will cost at least $350,000. The current system is operable but replacement parts and service/maintenance agreements are no longer available due to the age of the system. The City and Borough have been unable to find additional funding to help cover the cost of replacement and will continue to look for available funding sources for this important public safety service. 4. KHSNoc - Ed Renovation $15,500,000 The voters approved the construction and renovation of the existing high school. This $76 million project includes the renovation of the existing vocational facilities found in the school at a cost of approximately $15,500,000. Vocational training is essential for Kodiak students. It includes training in the traditional vocational education classes such as welding and auto mechanics, but in the 21st century it also includes acquiring a master's license to operate larger marine cargo vessels, as well as beginning architecture and engineering skills by teaching drafting /GIS classes. The existing vocational complex was built in 1966 with several additions and renovations made throughout the years. The building is now functionally obsolete and not energy efficient. The high ceilings and large square footage that exists is the basis for structuring a modern Voc — Ed program. 5. Baranof Park Improvements $1,000,000 Baranof Park is a heavily used city park that serves as a recreational facility for the community and an educational facility for the Kodiak Island Borough School District. It is located in the center of the City of Kodiak's most densely populated area and adjacent to three schools that do not have outdoor physical education facilities of their own. The problem is that 1.) the track is 25 years old and worn out and 2.) although the multipurpose soccor /football field is optimally located for maximum use, it has to be closed half the year due to damage from too much use. Although this project received $2,000,000 of funding during the last legislative session, it is a million dollars short to complete the replacement of the track and installation of synthetic turf that would make Baranof Park's soccer /football field available for day -in, day -out use all year long. 6. New Public Library $4,000,000 The Kodiak Public Library, which serves the entire Kodiak region and beyond, has outgrown its current building, a building that has also reached the end of its useful life, and the City has been working to replace the facility since 2004. In the spring of 2010 the City was accepted into the Foraker Group's Pre - Development Program. Since that time, the City and the Kodiak Public Library Association have worked closely with the Foraker Group to document current library needs, determine space requirements, and confirm that the preferred site can accommodate the proposed building footprint. The plan to date identifies a facility of approximately 17,000 sf with an estimated total project cost of $13.6 million and is proceeding to the design phase. Based on this work, the City applied for and received a state grant award of $6.9 million. The City has managed to secure a total of $9.1 million, almost 70% of the total funding. Since the State has contributed to half of the total project costs, the remaining $4 million must come from corporate gifts, additional grants, and local fundraising. Grants and other contributions are critical to the successful completion of this important community project. 7. Service Area Paving $2,000,000 This project will continue the effort to acquire money to pave service area roads based on recommendations made by the service area boards. Local contributions to project engineering and design may be funded through local improvement districts where those in the district are taxed a proportion of the project. 8. Traffic Safety Lighting (Kodiak to U.S.C.G. Support Center) $3,000,000 This project will provide a lighted trafficway from the City of Kodiak to the Coast Guard Support Center. This major road is heavily travelled by the public and those who travel to the state airport as well as those working on the United States Coast Guard Base. 9. Mission Road Safety Improvements $2,000,000 Mission Road is a major collector street for the community, and one of the roads that lead to downtown. The project will widen the existing two (2) lanes and provide a pedestrian and bike path on the shoulder or on the sidewalks. This requested funding will provide for the needed planning and design that will help develop a scope of work and the overall project cost. 10. Pedestrian /Bike Trail — Deadman's Curve to Tom Stiles Road $3,000,000 Extending this trail from Deadman's Curve to Tom Stiles Road (at the far end of Boy Scout Lake) completes another phase of this longer route that will run from White Sands Beach to Womens Bay. The trail will promote both a healthier lifestyle and reduce the use of fossil fuels. It is beneficial to local residents as well as the visiting public who arrive by cruises ships that dock nearby this trail. The project will continue to be done in phases. 11. Mill Bay Beach Access and Recreation Upgrade $63,000 This beach is heavily used by residents, sports fisherman and the community who come to view this bay located close to town. New construction items proposed here would include the construction of new stairs and walkways as well as trail enhancements between the two beaches as well as a small raft /kayak launch. The planning and design has already been funded. 12. Womens Bay Playground Upgrades $100,000 The playground equipment at the parks in Womens Bay known as Panamaroff Park and Sargent Creek Park is estimated to be thirty (30) years old. It is in need of replacement. These parks serve each side of the Womens Bay Community and are the recreational centers of these two neighborhoods. Initial research conducted by residents demonstrates that grants are available to pay for a lot of these needed improvements. The goal is to provide safe playground equipment for Womens Bay Community. 13. Fire Protection No 1 Emergency Generator $45,000 The Bayside Fire Station is part of the critical infrastructure of the Kodiak Island Borough, consisting of emergency equipment for fire suppression, emergency medical services, mass casualty incidents, mass decontamination, emergency communications, and a first responder shelter. The Bayside Fire Station is susceptible to loss of power during extreme weather events, natural and manmade disasters, and loss of power transmission lines or equipment. A back -up emergency generator is essential to provide continued critical services to the community. In June of 2010 we completed the construction of a new addition, as part of that project we put in the necessary boxes, conduits, and wiring to install a new emergency generator and switch gear. This request is for $45,000.00 to purchase and install a 100kw backup emergency generator and switch gear. The new equipment will be housed inside at the Bayside Fire Station and will be operated and maintained by the Bayside Fire Station. ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION THIS ti - 1t V t3AY OF QS . to , 2011 PLANNING AND ZONING COMMISSION Alan Torres, Chair ATTEST Qnh9..62.0, cr Sheila Smith, Secretary Public Hearing Item 7 -D P &Z August 17, 2011 y f ° : Kodiak Island Borough ij � ` � Community Development Department dh ' t Y� #3 3 -: 60 "` MEMORANDUM DATE: July 19, 2011 TO: Planning and Zoning Commission FROM: Bud Cassidy, Director, Community Development Department SUBJ: Case 12 -010 Planning and Zoning Commission Capital Improvement Program (CIP) - Recommendations for FY 2012 -2016 INTRODUCTION Borough code 2.40.030(E) requires the Commission to Submit annually to the Borough Assembly, not less than ninety days prior to the beginning of the calendar year, a list of recommended capital improvements which, in the opinion of the commission, are necessary or desirable to be constructed during the next five year period. Such a list shall be in order of preference with recommendations as to which projects shall be constructed in a specific year. According to the above code section the date the Commission's CIP recommendations are to be forwarded to the Assembly is October. Though code language has not been changed, the goal lately has been to have this list of priority projects to the Assembly by their September meeting. This expedited action is all done in an effort to make the Governor knowledgeable about Kodiak's CIP projects hoping that any of them will make his budget. Making the Governors list of projects is important because that list tends to be immune from his veto pen. The governor has the final say about what Alaska projects are funded each year. A CIP list of projects is really an expression of community priorities and desires. Once adopted by the Assembly and the City Council, these lists go to more places than just the state legislature. They can go to the following entities: 1) Washington D.C. in attempt to be funded by the Federal Government; 2) Sent as an attachment when grants are applied for; Case 12 -010 Page 1 of 13 Public Hearing Item 7 -D P &Z August 17, 2011 3) Voted upon by the voters of Kodiak in the form of General Obligation (G.O. Bonds) that fund projects like school construction. 4) Special assessment district to fund projects like paving a neighborhood road. CIP lists adopted by the Assembly also direct the efforts of many employees of the Kodiak Island Borough. Below is a common discussion we provide to folks when discussing the importance of developing a CIP list. WHAT IS THE CIP (CAPITAL IMPROVEMENT PROGRAM) The CIP is a multiyear schedule of physical public improvement projects that the community feels are necessary for the orderly growth and development and quality of life around the island. This activity is a major Planning and Zoning Commission and Assembly and City Council effort and helps identify and prioritize these projects. From an accounting stand point, a capital project is defined as having a useful life greater than 3 years and having an initial cost of $50,000. Examples of CIP projects include: major facilities (ADF &G building or High School Remodel and Addition project) roads (paving of Woodland Acres), harbor facilities and water and waste water utilities. Funding for these projects come from a variety of sources including Legislative grants from the State of Alaska, various federal funders: Congress, Federal Agencies, BIA, Denali Commission, State Legislature and agencies, and from granting entities (Rasmussen Foundation and USDA, and from loans etc. Generally it is considered a "bottoms up" process, where each resident or interested group can suggest an item items or idea. The Assembly and City councils then decide which ideas are "community priorities" and adopts a resolution formalizing the list. As the cost of all the proposed projects always exceeds the availability of funds, they are ranked in priority order. That order of priority is generally determined by a project's ability to improve the public's economic benefit, health or and quality of life and safety. In addition, projects can be prioritized in terms of local support, cost to the public, satisfying mandatory regulations or environmental concerns. Projects can also be divided by phases of construction. Phases of projects include: Pre planning, design /cost estimating and construction. Sometimes funding a project by phase is preferable as the project costs are spread out over a number of funding cycles. WHY PERFORM CIP PLANNING? Provides a mechanism to demonstrate that there has been careful thought and public involvement in deciding a communities priorities. The public debate will discuss the merits of a project, the need to maintain it after it is constructed and if it provides orderly and balanced community growth in the community. Case 12 -010 Page 2 of 13 Public Hearing Item 7 -D P &Z August 17, 2011 CATEGORIES OF PROJECTS Though not required, the Borough's divides their projects into categories. Currently these categories include: Transportation Projects, Facility Projects and Recreation and Culture Projects, Utility Projects. COST ESTIMATING This could be the most difficult part of developing a CIP list. For some items like a specific piece of equipment, a vendor can be contacted to submit a cost. For larger projects Architects and Engineers are hired to provide help develop a cost. Transportation costs to Kodiak add to the cost of a project. Knowing if a project is feasible is an important consideration. CONCLUSION. In summary, the capital improvement program (CIF) is a schedule of public improvements necessary for our regional community's orderly growth and our maintenance of quality of life and safety. The Borough's CIP is a five year schedule of projects which is updated annually. Various funding sources are used to implement projects ranging from general obligation bonds to grants. The Borough utilizes a public participation program, which includes comments from the general public and from community organizations such as incorporated communities, boards and commissions and the public. After review by various boards and commissions, the Borough Assembly and Councils adopts the CIP to send to Juneau. RECOMMENDATIONS Attached to this memo is a Planning and Zoning Commission resolution that includes a number of projects. Some have been suggested by individuals, some are projects left over from that year's CIP effort. Your role is to prioritize this list to send forward to the Assembly and the Council as a recommendation. Once your list has been finalized, a resolution should be adopted. APPROPRIATE MOTION Move to adopt Resolution 2012 -01 a Resolution of the Planning and zoning Commission recommending a 2012 -2016 Capital Improvements Projects list of projects Case 12 -010 Page 3 of 13 2 \ _ ? \Cr IN , t t .a • i \ + of ¥ \y . kN \ Public Hearing Item 7 -D P &Z August 17, 2011 Introduced by: Requested by: Drafted by: Introduced: Adopted: KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RESOLUTION NO. FY2012 - XX A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING A CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST FOR FY 2012 -2016 WHEREAS, the Kodiak Island Borough represents approximately 13,500 residents of the Kodiak Island Archipelago living in six incorporated cities and one community governed by a tribal council government; and WHEREAS, a Borough —wide capital improvement program is adopted annually by the Kodiak Island Borough Assembly with recommendations from the Planning and Zoning Commission. This list identifies the major needs of the island community for the next five years; and WHEREAS, the Kodiak Island Borough identifies priority projects to be submitted to the Alaska State Legislative Delegation, the Federal Legislative Delegation and when applying for grants. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Kodiak Island Borough Planning and Zoning Commission recommend the following capital improvement projects, not in any priority order, for adoption into the Kodiak Island Borough FY 2011 — 2015 CIP list of capital projects: 1. Pier III Replacement $30,000,000 Pier III is one of Kodiak's main cargo piers and its only facility for handling containerized cargo. Pier 111 is a critical piece of infrastructure to sustain the local economy and enable future development in Kodiak. The current pile supported structure will reach the end of its design life within the next 5 years. The existing pier experiences corrosion, wear, and limited capacity, and requires extensive maintenance to keep it operational. Replacement costs are currently estimated to be between $20- $30 million. This year, the City will evaluate the appropriate structure type, alignment, and construction phasing to refine the cost estimate. Final design must be completed within the next year to keep the project moving forward toward replacement. The project will be funded through a combination of local Port and Harbor revenues, tenant fees, General Fund revenues, and State and Federal grants C&St 12010 Page 4 of 13 Public Hearing Item 7 -D P &Z August 17, 2011 2. Landfill Lateral Expansion $10,000,000 The Borough's landfill is quickly filling up. The solution is to locate a lateral expansion area adjacent to infrastructure presently serving the existing landfill. A lateral expansion has to meet all EPA and DEC regulations which include the need to trap all fluids by lining the bottom of the expansion area. This "leachate" will have to be treated either on -site or at the City wastewater treatment plant. 3. E911 Replacement Equipment $350,000 The City of Kodiak completed construction of the new public safety building in 2010. One of the important aspects of the new facility is to continue to provide area -wide dispatch services and enhanced 911 (E911) service to the Kodiak area. The City completed a study which advised replacement of the system. The study indicated that basic upgrades with future expansion capabilities will cost at least $350,000. The current system is operable but replacement parts and service /maintenance agreements are no longer available due to the age of the system. The City and Borough have been unable to find additional funding to help cover the cost of replacement and will continue to look for available funding sources for this important public safety service. 4. KHSNoc -Ed Renovation $15,500,000 The voters approved the construction and renovation of the existing high school. This $76 million project includes the renovation of the existing vocational facilities found in the school at a cost of approximately $15,500,000. Vocational training is essential for Kodiak students. It includes training in the traditional vocational education classes such as welding and auto mechanics, but in the 21st century it also includes acquiring a master's license to operate larger marine cargo vessels, as well as beginning architecture and engineering skills by teaching drafting /GIS classes. The existing vocational complex was built in 1966 with several additions and renovations made throughout the years. The building is now functionally obsolete and not energy efficient. The high ceilings and large square footage that exists is the basis for structuring a modern Voc — Ed program. 5. Baranof Park Improvements $1,000,000 Baranof Park is a heavily used city park that serves as a recreational facility for the community and an educational facility for the Kodiak Island Borough School District. It is located in the center of the City of Kodiak's most densely populated area and adjacent to three schools that do not have outdoor physical education facilities of their own. The problem is that 1.) the track is 25 years old and worn out and 2.) although the multipurpose soccor /football field is optimally located for maximum use, it has to be closed half the year due to damage from too much use. Although this project received $2,000,000 of funding during the last legislative session, it is a million dollars short to complete the replacement of the track and installation of synthetic turf that would make Baranof Park's soccer /football field available for day -in, day -out use all year long. Ca.c 12 010 Page 5 of 13 Public Hearing Item 7 -D P &Z August 17, 2011 6. New Public Library $4,000,000 The Kodiak Public Library, which serves the entire Kodiak region and beyond, has outgrown its current building, a building that has also reached the end of its useful life, and the City has been working to replace the facility since 2004. In the spring of 2010 the City was accepted into the Foraker Group's Pre - Development Program. Since that time, the City and the Kodiak Public Library Association have worked closely with the Foraker Group to document current library needs, determine space requirements, and confirm that the preferred site can accommodate the proposed building footprint. The plan to date identifies a facility of approximately 17,000 sf with an estimated total project cost of $13.6 million and is proceeding to the design phase. Based on this work, the City applied for and received a state grant award of $6.9 million. The City has managed to secure a total of $9.1 million, almost 70% of the total funding. Since the State has contributed to half of the total project costs, the remaining $4 million must come from corporate gifts, additional grants, and local fundraising. Grants and other contributions are critical to the successful completion of this important community project. 7. Service Area Paving $2,000,000 This project will continue the effort to acquire money to pave service area roads based on recommendations made by the service area boards. Local contributions to project engineering and design may be funded through local improvement districts where those in the district are taxed a proportion of the project. 8. Traffic Safety Lighting (Kodiak to U.S.C.G. Support Center) $3,000,000 This project will provide a lighted trafficway from the City of Kodiak to the Coast Guard Support Center. This major road is heavily travelled by the public and those who travel to the state airport as well as those working on the United States Coast Guard Base. 9. Mission Road Safety Improvements $2,000,000 Mission Road is a major collector street for the community, and one of the roads that lead to downtown. The project will widen the existing two (2) lanes and provide a pedestrian and bike path on the shoulder or on the sidewalks. This requested funding will provide for the needed planning and design that will help develop a scope of work and the overall project cost. C0 12 -010 Page 6 of 13 Public Hearing Item 7 -D P &Z August 17, 2011 10. Pedestrian /Bike Trail — Deadman's Curve to Tom Stiles Road $3,000,000 Extending this trail from Deadman's Curve to Tom Stiles Road (at the far end of Boy Scout Lake) completes another phase of this longer route that will run from White Sands Beach to Womens Bay. The trail will promote both a healthier lifestyle and reduce the use of fossil fuels. It is beneficial to local residents as well as the visiting public who arrive by cruises ships that dock nearby this trail. The project will continue to be done in phases. 11. Mill Bay Beach Access and Recreation Upgrade $63,000 This beach is heavily used by residents, sports fisherman and the community who come to view this bay located close to town. New construction items proposed here would include the construction of new stairs and walkways as well as trail enhancements between the two beaches as well as a small raft /kayak launch. The planning and design has already been funded. 12. Womens Bay Playground Upgrades $100,000 The playground equipment at the parks in Womens Bay known as Panamaroff Park and Sargent Creek Park is estimated to be thirty (30) years old. It is in need of replacement. These parks serve each side of the Womens Bay Community and are the recreational centers of these two neighborhoods. Initial research conducted by residents demonstrates that grants are available to pay for a lot of these needed improvements. The goal is to provide safe playground equipment for Womens Bay Community. 13. Fire Protection No 1 Emergency Generator $45,000 The Bayside Fire Station is part of the critical infrastructure of the Kodiak Island Borough, consisting of emergency equipment for fire suppression, emergency medical services, mass casualty incidents, mass decontamination, emergency communications, and a first responder shelter. The Bayside Fire Station is susceptible to loss of power during extreme weather events, natural and manmade disasters, and loss of power transmission lines or equipment. A back -up emergency generator is essential to provide continued critical services to the community. In June of 2010 we completed the construction of a new addition, as part of that project we put in the necessary boxes, conduits, and wiring to install a new emergency generator and switch gear. This request is for $45,000.00 to purchase and install a 100kw backup emergency generator and switch gear. The new equipment will be housed inside at the Bayside Fire Station and will be operated and maintained by the Bayside Fire Station. Cameo 12 010 Page 7 of 13 Public Hearing Item 7 -D P &Z August 17, 2011 ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION THIS DAY OF , 2011 PLANNING AND ZONING COMMISSION Alan Torres, Chair ATTEST Sheila Smith, Secretary Coot 12 -010 Page 8 of 13 Q \ e" ,., .t. .. AV a L Public Hearing Item 7 -D P &Z August 17, 2011 FY 2013 - 2017 CIP List Amended at the July 26, 2011 P &R Regular Meeting 1. Bike Path Extension (Marine Hill - White Sands) 2. Parks & Fields Plan 3. Mill Bay Beach Site Plan & Construction 4. Multi - purpose Fields Construction (Baranof, KANA, East, & Softball Complex) 5. White Sands Beach Improvements 6. Womens Bay Boat Ramp 7. Three (3) Walking Trails to North Star 8. ATV Park 9. Fairgrounds Improvements 10.Womens Bay Parks Playground Equipment Case 12 -010 Page 9 of 13 Public Hearing Item 7 -D P &Z August 17, 2011 0 11 vn xy?4 h e ; ' KODIAK ISLAND BOROUGH r fi Community Development Department 4° r Bud Cassidy, Director 03 MEMORANDUM DATE: July 22, 2010 TO: Kodiak Island Borough Assembly THRU: Rick Gifford, Borough Manager d FROM: Bud Cassid ; I)ire Community Development Department SUBJ: Commission Resolution FYI 1 -01. Planning and Zoning Commission recommendations to the KIB Capital Improvements Projects (CIP) list for the years FY 2011 —2015 to the Assembly The Planning and Zoning Commission, at their July 21, 2010 regular meeting and after public testimony adopted the attached Commission resolution recommending a list of Capital Improvements Projects for the five year period 2011-2015 to the Borough Assembly. KIBC 2.105.030 directs the commission to accomplish, among other things, the following: Submit annually to the assembly, not less than 90 days prior to the beginning of the calendar year, a list of recommended capital improvements which, in the opinion of the commission, are necessary or desirable to be constructed during the next five-year period. Such list shall be arranged in order of preference with recommendations as to which projects shall be constructed in a specific year. The CIP process has been a complicated one for the last number of years with a new deadline for communities to submit projects to the governor coming earlier each year. This year the desire is to send a list of the communities CIP projects to the governor by early September. This date requires the commission to perform their mandated duty earlier in the year. The current code identifies a deadline of no later than October 1 of each year. The commission is interested in discussing with the Assembly a code change identifying a new deadline; one that meets the needs of the governor and one that can be used to establish a procedure to conduct a meaningful CIP process. The commission sees real validity in this process. It allows the Borough and its boards and commissions, City Administration and staff, as well as Kodiak Island's citizens the ability to submit potential projects that are felt will improve the livability and character of the community and make abetter island in which to live on. Case 12 -010 Page 10 of 13 Public Hearing Item 7 -D P &Z August 17, 2011 Introduced by: Requested by: Drafted by: Introduced: Adopted: KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RESOLUTION NO. FY2011 -01 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING A CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST FOR FY 2011-2015 WHEREAS, the Kodiak Island Borough represents approximately 15,000 residents of the Kodiak Island Archipelago living in six incorporated cities and one community governed by a tribal council government; and WHEREAS, a Borough —wide capital improvement program is adopted annually by the Kodiak Island Borough Assembly with recommendations from the Planning and Zoning Commission. This list identifies the major needs of the island community for the next five years; and WHEREAS, the Kodiak Island Borough identifies priority projects to be submitted to the Alaska State Legislative Delegation, the Federal Legislative Delegation and when applying for grants. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE KODIAK ISLAND BOROUGH THAT; Section 1: The Kodiak Island Borough Planning and Zoning Commission recommend the following capital improvement projects, not in any priority order, for adoption into the Kodiak Island Borough FY 2011 — 2015 CIP list of capital projects: 1. Service Area Paving $2,000,000 This project will continue the effort to acquire money to pave service area roads based on recommendations made by the service area boards. Local contributions to project engineering and design may be funded through local improvement districts where those in the district are taxed a proportion of the project. 2. Traffic Safety Lighting (Kodiak to U.S.C.G. Support Center) $3,000,000 This project will provide a lighted trafficway from the City of Kodiak to the Coast Guard Support Center. This major road is heavily travelled by the public and those who travel to the state airport as well as those working on the United States Coast Guard Base. Kodiak Island Borough Resolution No. FY2011 -01 Capital Improvement Projects Case 12 - 010 Page 1 of 3 Page 11 of 13 Public Hearing Item 7 -D P &Z August 17, 2011 3. Mission Road Safety Improvements $2,000,000 Mission Road is a major collector street for the community, and one of the roads that lead to downtown. The project will widen the existing two (2) lanes and provide a pedestrian and bike path on the shoulder or on the sidewalks. This requested funding will provide for the needed planning and design that will help develop a scope of work and the overall project cost. 4. Long - Term Care Facility $2,500,000 The existing long term care facility is located in the existing hospital and in a section of the facility that was never intended for long term care. A new and separate facility providing a more residential setting will offer better safety, security and privacy. The planning and design for this facility will lead to the determination of a total project cost estimate. 5. Emergency Generators at Sheltering Facilities $2,400,000 Having emergency generators at vital facilities (mass sheltering facilities - schools and important response facilities - EMS and fire halls) will allow those facilites to carry on their missions in times of a disaster. These facilities will provide shelter as well as meals. 6. Pedestrian and Bike Trail — White Sands Beach to Womens Bay $2,000,000 Extending the existing trail system out to White Sands Beach as well as out to Womens Bay will promote both a healthier lifestyle and reduce the use of fossil fuels. Such a facility will be beneficial to local residents as well as the visiting public. The project will be done in phases with the first phase running from town to the USCG Base. 7. Ultra Violet (UV) Water Treatment Facility $3,300,000 Federal Law requires all unfiltered water to use a minimum of two disinfectant methods. The City of Kodiak has chosen Ultra - Violet light disinfection as the preferred method. Construction was anticipated in 2010 at a cost of $9,000,000. The City will pay for 1/2 of the cost. The 3.3 million requests is the grant amount that City is trying to secure from the state of Alaska to offset local costs. 8. Chiniak Warning Siren $45,000 Due to the linear development of the Chiniak community, the existing siren is not audible to all areas of the community. A second siren could be placed in a second area of the Chiniak to alert this section of the community. 9. Baranof Park Improvements $5,000,000 Baranof Park is a heavily used recreational facility. It is owned by the City of Kodiak, and the City developed it into a major community destination. But it is also heavily use by the school district for activities such as football, baseball, track and other school activities. There is a need to address the poor drainage found here and turn it into a facility that can be used a greater portion of the year. 10. Mill Bay Beach Access and Recreation Upgrade $63,000 This beach is heavily used by residents, sports fisherman and the community who come to view this bay located close to town. New construction items proposed here would include the construction of new stairs and walkways as well as trail enhancements between the two beaches as well as a small raft/kayak launch. Kodiak Island Borough Resolution No. FY2011 -01 Capital Improvement Projects Case 12 -010 Page 2 of 3 Page 12 of 13 Public Hearing Item 7 -D P &Z August 17, 2011 11. Womens Bay Playground Upgrades $100,000 The playground equipment al the parks in Womens Bay known as Panamaroff Park and Sargent Creek Park is estimated to be thirty (30) years old. It is in need of replacement. These parks serve each side of the Womens Bay Community and are the recreational centers of these two neighborhoods. Initial research conducted by residents demonstrates that grants are available to pay for a lot of these needed improvements. The goal is to provide safe playground equipment for Womens Bay Community. 12. Womens Bay Fire Hall Expansion /Community Shelter $1,500,000 There is no emergency shelter in the Womens Bay Community. Womens Bay is located 8 miles from town and 2 miles from the U.S. Coast Guard Base. Should there be a tsunami that destroys the road, or a rock slide at Womens Mountain or a flooding event like occurred in the winter of 2009 that cut off this community of 700 residents; they would be without support services. A logical location for an emergency shelter is adjacent and attached to the Womens Bay Fire Hall. An approximately 2,500 square foot addition with an emergency generator is proposed. HUD has provided initiative funds in the amount of almost $500,000 toward the preliminary planning and design of this project. 13. Anton Larsen Dock (design, repair and construction) $1,000,000 The Anton Larsen Floating Dock is located 18 miles from the town of Kodiak. It was originally constructed as a supply dock for work associated with the Terror Lake Hydroelectric Project. Instead of dismantling the dock upon the completion of the dam, the Kodiak Island Borough became interested in obtaining it for the community. It is now a facility that is heavily used by residents of the rural communities of Port Lions and Ouzinkie, as well as those living on the island's west side. During the summer it is also used by charter boats and sports and commercial fishermen. Interest.in this dock resulted from the boating public's desire for a safer route to the community of Kodiak through Anton Larsen Bay. A state road leads to the City of Kodiak from this dock bypassing the potential risk to loss of life and property that is huge when navigating around Spruce Cape. Spruce Cape is one of the most dangerous stretches of water around Kodiak Island and many people risk navigating around this cape to receive essential services. This Borough -owned dock was improved in 1995 by driving piles and refurbishing the floating dock structure. Much more need to be done to replace the existing dock, add more piling and maybe adding a second section to the floating dock to improve this important facility. ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION THIS 2,1 DAY OF r1 , 2010 PLANNING AND ZONING COMMISSION e David King, C air ATTEST L/ C 5het061 {�XYlf'U Sheila Smith, Secretary Kodiak Island Borough Resolution No. FY2011 -01 Capital Improvement Projects Case 12 - 010 Page 3 of 3 Page 13 of 13 KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 15, 2011 REGULAR MEETING ITEM NO: 13.D.1 TITLE: Declaring a Seat on the Parks and Recreation Committee Vacant. SUMMARY: On August 24, 2011, Mr. Willy Bethea submitted a notice of resignation from the Parks and Recreation Committee for a term to expire December 2011. 2.100.070 Vacancies. A2. Other than by expiration of the member's term, the assembly shall declare a seat vacant when a member resigns and the resignation is accepted. D. In the event of a vacancy on a board, committee, or commission for any reason other than normal expiration of a term of office, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. APPROVAL FOR AGENDA:L RECOMMENDED MOTION: Move to accept, with regret, the resignation of Mr. Willy Bethea from the Parks and Recreation Committee for a term to expire December 2011 and direct the Borough Clerk to advertise the vacancy per Borough Code. From: Willy Bethea Jmailto:willybeth @hotmail.comj Sent: Wednesday, August 24, 2011 11:35 AM To: Bud Cassidy Subject: RE: Public Meeting - Trails Master Plan Hello Bud Unfortunetly I will have to resign my position on the Parks and Rec committee. I am starting classes full time next week and my Tuesdays will be taken up for higher learning. Is there anything special I need to do or will this email be enough to pass on? Thank you for all you do for the Borough and please pass on my best wishes to the P &R Committee. V/r Willy Bethea 4, ia r KODIAK ISLAND BOROUGH 1 a '/ 1 PA R AND REtRE ?ANION COMMITTEE ; ydE° , r 4 NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE William Bethea 2011 486 -0975 654 -3275 willybeth(a�hotmail.com 1719 Selief Lane Kodiak, AK 99615 Pam Foreman 2013 486 -2588 486 -5557 pforeman(&ici.net 1637 Three Sisters Way Kodiak, AK 99615 pamc kmxt.orq Jeff Huntley 2012 486 -4013 486 -7620 mhuntleyAptialaska.net 1015 Pine Crescent Kodiak, AK 99615 Rick Lindholm 2011 486 -8297 486 -8111 rickl(o kiha.orq PO Box 474 Kodiak, AK 99615 Patrick Saltonstall (Vice Chair) 2012 486 -2634 486 -7004 pgsalton(aU)gci.net PO Box 1909 Kodiak, AK 99615 Andy Schroeder 2013 512 -0919 539 -1979 andy(5islandtrails.orq PO Box 301 Kodiak, AK 99615 Mike Sirofchuck (Chair) 2011 486 -6498 486 -1203 rakenscrape(?a,hotmail.com PO Box 970 Kodiak, AK 99615 Hans Tschersich 2012 486 -5648 486 -9521 206 -601- xravhans(a)vahoo.com 1423 Baranof St. 8772 Kodiak, AK 99615 Sandra West 2013 486 -5303 487 -5310 539 -6429 sandra.w.west(a)uscq.mil 2474 Spruce Cape Road x144 Kodiak, AK 99615 NON- VOTING EX- OFFICIOS Assembly Representative 487 -2244 539 -2494 chris .lynchftassembly.kodiakak.us Chris Lynch 11175 Lake Orbin Drive Kodiak, AK 99615 State Representative Kevin Murphy 486 -4688 486 -6352 kevin.murphy(a)alaska.gov 1400 Abercrombie Drive Kodiak, AK 99615 Roster continued on the next page.... Revision Date: 4/14/2011 Revised by: JK KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 15, 2011 REGULAR MEETING ITEM NO: 13.D.2 TITLE: Approval of the October 4, 2011 Regular Municipal Election Workers. SUMMARY: Per KIBC 7.30.010A Election Officials. The assembly shall appoint at least three election officials in each precinct to constitute the election board of that precinct. The clerk is the election supervisor. One election official shall be designated as chair and shall be ordinarily responsible for administering the election in that precinct. The clerk may appoint additional election officials at any polling place where they are needed to conduct an orderly election and to relieve other election officials of undue hardship. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA 'Jr RECOMMENDED MOTION: Move to approve the regular municipal election workers as submitted by the Borough Clerk. MEMORANDUM TO Kodiak Island Borough Assembly FROM : Nova M. Javier, MMC, Borough Clerk DATE : September 15, 2011 RE. Regular Municipal Election - October 4, 2011 Pursuant to KIB 7.30.010, I respectfully request approval of the individuals who have volunteered to serve as election workers for the Borough's October 4, 2011 Regular Municipal Election. KODIAK NO. 1 PRECINCT NO. 618 KODIAK NO. 2 PRECINCT NO. 620 Chair Merle Powell Chair Esthel Waddell Judge Sandy Peotter Co -Chair Richard Waddell Judge Yvonne Boudreau Judge Judge Linda Ross Judge Sonia Downing Judge Margaret Bosworth Judge Carol Wandersee Judge Barbara Marconi Judge f , <; , Helen Williams Judge Kelly Nymyer VAN Joseph Roberts Translator Angelito Llave _, George Cusick Translator Nita Nicolas � ,,- 4 i Sally Hopkins '' Translator ,.Micaela Alonzo Translator ` Delia Aspiras , p MISSION ROAD PRECINCT NO. 622 F PR NO. 608 Chair Mike Marion ". Chair / Nicola'Belisle Co -Chair Ellen Marion ;; , Judge Judge Anita Scholl ° ;„ Judge Mary Ann Hickey Judge Sara E. Dunn ;k4 °Judge Marie Rice Judge Dave Blacketer t, Judge v ,, Greg Egle Judge r ,ru Judge! r ' Michelle Weekly j '' Judge ' Dale Rice :,_ CAPE CHINIAK PRECINCT N0.';605 \ ARSEN BAY PRECINCT NO. 615 Chair DeborahHender "son tGhair Charlene Clampffer Judge r,/ ° Patterson Judge Bambi Hunter Judge ( ' ' -:Jane Wheeler "..Judge Annabelle Eva Wick Judge ; Judy,Wood� \ .. Marie Squartsoff Judge , �, Susan'Patterson , OLD HARBOR PR ECINCT.'NO. 625, OUZINKIE PRECINCT NO. 635 Chair `Frances French Chair Chandra Wommack Judge Justina Ignatin Judge Michelle Johnson Judge 'Nets A. Graves Judge Amber Panamarioff Judge Carol Christiansen Judge Gale M. Boskofsky '44-iii,--,.4 2 PORT LIONS PRECINCT NO. 645 ACCUVOTE BOARD Chair Diane Cole Borough Clerk's Staff Judge Janet Thomsen City Clerk's Staff Judge Sheila Biehl Judge Roxanne McGavran RECEIVING BOARD / HAND COUNT CANVASS BOARD BOARD Bonnie Baker Marya Nault Catherine Loewen Claudia Anderson Judy Starrett Susan Schmeisser Randy Busch Sally Haldewang Cathy Cordry (Backup /alternate) Diane Mann (Backup /alternate) KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — August 8, 2011 SUMMARY APPROVED: Motion to approve 2011/2012 certificated contracts to Shelby ftehmer — BA +0 /0 in the amount of $43.763 plus $1,313 village stipend for 1.0 FTE teacher at Port Lions School and Martha Cook — BA +0 /0 in the amount of $43,763 plus $1,313 village stipend for 1.0 FTE teacher at Ouzinkic School. APPROVED: Motion to enter into Executive Session for the purpose of discussing pending legal matters and options related to the term limits initiative and to include Superintendent Stewart McDonald and Assistant Superintendent Marilyn Davidson. APPROVED: Motion to enter into Executive Session for attorney /client communication regarding the processing of a pending personnel complaint and to include Superintendent Stewart McDonald and Assistant Superintendent Marilyn Davidson. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's website at ivinv.kodiakschools.org. KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting — August 22, 2011 SUMMARY ACTION ITEMS: APPROVED: Motion to approve the agenda and consent agenda to include: *Approval of Minutes — Regular Meeting Minutes of July 25, 2011 and Special Meeting Minutes of August 8, 2011, as presented. *Approval of purchase requisition number 00028727 to North River IT Services Company in the amount of $48,590 for system management and development services for fiscal year 2012. *Approval of purchase requisition number 00028730 to Lindamood -Bell in the amount of $63,000 for continued reading intervention support. *Approval ofthe FYI2 Food Service Budget as presented by Chief Financial Officer Lukc Fulp. *Approval of the FYI2 Pupil Transportation Budget as presented by Chief Financial Officer Luke Fulp. *Acceptance ofthe FYI2 Title VII Indian Education Grant Award in the amount of $179,425. *Acceptance of the FYI2 Education Jobs Grant Award in the amount of $346,488. PUBLIC HEARING: School Board President Norm Wooten opened a Public Hearing to allow for comments from members of the community regarding the FYI 1 Final Budget Revision. No comment was given. ADOPTED: Motion to adopt the FYI 1 Final Budget Revision as presented by Chief Financial Officer Luke Fulp. APPROVED: Motion to approve 2011/2012 certificated contracts to Meghan Card — BA+0/0 in the amount of $43,763 for 1.0 FTE language arts teacher at Kodiak Middle School; Sean Costello — BA +0/0 in the amount of $43,763 for 1.0 FTE physical education teacher at Kodiak High School; Victoria Geyer — MA +0/3 in the amount of $57,767 for 1.0 FTE language arts /music teacher at Kodiak Middle School; LeAnn Hall — MA+0/2 in the amount of $55,579 for 1.0 FTE social studies teacher at Kodiak High School; Kelly Nash — BA +0/4 in the amount of $27,571 for .5 FTE physical education teacher at Peterson Elementary School; and Jeremiah Kodiak Island Borough School District Board of Education Regular Meeting — August 22, 2011 SUMMARY Page 2 of 2 Steck — BA +0/3 in the amount of $52,516 for 1.0 FIE career tech teacher at Kodiak High School. APPROVED: Motion to accept the FYI2 Fresh Fruit and Vegetable Program Grant Award in the amount of $14.893. APPROVED: Motion to approve an increase to purchase order number 02050228 to First Student Inc. in the amount of $37,364.32, for a total purchase order amount of $1,733,788 for FY12 pupil transportation. APPROVED: Motion to approve the FY13 Six -Year Capital Improvement Plan as presented by Director of Operations Scott Williams. APPOINTED: CDR Patrick McElligatt to serve as the U.S. Coast Guard Representative to the School Board. APPROVED: Motion to enter into Executive Session for the purpose of reviewing correspondence from attorney regarding the processing of a complaint and to give the attorney direction regarding same and to include Superintendent Stewart McDonald and Assistant Superintendent Marilyn Davidson. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted an the District's u'ebsite at wivu'.kodiakschools.org and on BoardDocs at http://www.hoarddocs.com/ak/kodiak/Board.n.sf/Public Kodiak Island Borough Assembly Regular Meeting Guidelines September 15, 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 Major John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse any Assembly members who may be absent. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Summary of Consent Agenda Items: *Special Meeting of August 25, 2011. *Declaring a Seat on the Parks and Recreation Committee Vacant. *Approval of the October 4, 2011 Regular Municipal Election Workers. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES A. *Special Meeting of August 25, 2011. 6. AWARDS AND PRESENTATIONS — None. Kodiak Island Borough Assembly Guidelines September 15, 2011 Page 1 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 8. COMMITTEE REPORTS A. AAC Presentation - Craig Campbell, President and Chief Operating Officer 9. PUBLIC HEARING A. Ordinance No. FY2012 -06 Rezoning a Portion of U.S..Survey 2735 From RR1 —Rural Residential 1 (One Acre) To RR2 —Rural Residential -2 (Two Acres) (Jay Johnston). Recommended motion: Move to adopt Ordinance No. FY2012 -06. Staff Report — Manager Gifford Clerk's Note: Five notices were mailed out. No responses were received. Open public hearing. Read phone numbers: Local is 486 -3231. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. B. Ordinance No. FY2012 -07 Rezoning an Unsubdivided Portion of Section 28, Township 29S Range 20 West Seward Meridian From C- Conservation To RR2 -Rural Residential Two Acres (Leisnoi, Inc.). Recommended motion: Move to adopt Ordinance No. FY2012 -07. - Clerk's Note: Five notices were mailed out. No responses were received. Staff Report — Manager Gifford Open public hearing. Read phone numbers: Local is 486 -3231. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines September 15, 2011 Page 2 C. Ordinance No. FY2012 -08 Rezoning Property in Akhiok From RNC -Rural Neighborhood Commercial To PL- Public Use Lands. Recommended motion: Move to adopt Ordinance No. FY2012 -08. Clerk's Note: Thirty -four notices were mailed out. No responses were received. Staff Report — Manager Gifford Open public hearing. Read phone numbers: Local is 486 -3231. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts 1. Contract No. FY2006 -41A Extension of Contract No. FY2006 -41 Auditing Services for the Kodiak Island Borough and Kodiak Island Borough School District for Fiscal Year 2011. Recommended motion: Move to authorize the manager to execute Contract No. FY2006 -41A Extension of Contract No. FY2006 -41 with Altman, Rogers, and Co. for Auditing Services for the Kodiak Island Borough and Kodiak Island Borough School District for Fiscal Year 2011 in the amount of $100,800 plus additional costs including, but not limited to, accounting assistance and support services for one year. Staff Report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines September 15, 2011 Page 3 B. Resolutions 1. Resolution No. FY2012 -11 Adopting a State Legislative Capital Improvement Projects Priority List for the 2012 Legislative Session. Recommended motion: Move to adopt Resolution No. FY2012 -11. Clerk's Note: Attached on yellow paper is the corrected version of the Resolution. Staff Report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION. C. Ordinances for Introduction — None. D. Other Items 1. *Declaring a Seat on the Parks and Recreation Committee Vacant. 2. *Approval of the October 4, 2011 Regular Municipal Election Workers. 14. EXECUTIVE SESSION A. Matters Involving Negotiations with IBEW, a Labor Organization Representing Borough Employees. Recommended motion: Move to convene into executive session to discuss matters involving negotiations with the IBEW which qualifies for executive session per KIBC 2.30.030(E.d), under matters involving negotiations with labor organizations representing Borough employees. ROLL CALL VOTE ON MOTION. Please invite the Borough Assembly, Manager, and Clerk's Office Staff into executive session. After the vote, Mayor Selby recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Selby reconvenes the regular meeting and announces if there is an action to be taken, or no action will be taken as a result of the executive session. OR The Assembly may make a motion if necessary. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines September 15, 2011 Page 4 15. 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 16. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby _ The Assembly will hold a special meeting on Monday, September 19, 2011, at noon in the Borough Conference Room. The next Assembly work session will be held on Thursday, September 29, 2011, at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly is scheduled on Thursday, October 6, 2011, at 7:30 p.m. in the Borough Assembly Chambers. The Regular Municipal Election will be held on Tuesday, October 4, 2011. If you will be out of town on Election Day, absentee voting is available in the Borough Clerk's Office, Room 101 in the Borough building from 8 a.m. to 5 p.m., starting Monday, September 19, 2011, through Monday, October 3, 2011. Please bring your voter card or picture identification with you. If you have any questions, please call 486 -9310. 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines September 15, 2011 Page 5 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular Special Date: 9 // 410 Convened: V3np . in ' Recessed: Reconvened: Adjourned: BY: BY: Val BY: 51<t„/J , BY: raj, BY: 44tti/C.J SECOND: SECOND: 74 SECOND: c SECOND% , , . SECOND: Kui a aJ !'�' atipicnte> ,,Rtie , p 04.01(..w tt... 4,,Aj ai2olo ,l a YES NO YES• NO YES NO 4. YES NO YES NO Ms. Austerman , Ms. Austerman Ms. Austerm9n Ms. Austerman / Ms. Austerman �' Mr. Friend t/ ,Mr. Friend Mr. Friend / Mr. Friend / Mr. Friend / Ms. Fulp ✓ Ms. Fulp Ms. Fulp V' Ms. Fulp r Z Ms. Fulp /` ,! / Ms. Jeffrey 1/ Ms. Jeffrey Ms. Jeffrey Ms. Jeffrey ' / Ms. Jeffrey Mr. Kaplan ✓ Mr. Kaplan Mr. Kaplan Z Mr. Kaplan / Mr. Kaplan Ms. Lynch ✓ Ms. Lynch Ms. Lynch /' Ms. Lynch / Ms. Lynch Ms. Stutes V Ms. Stutes Ms. Stutes V Ms. Stutes / Ms. Stutes 0#11- - (CHANGE OF VOTE? HANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ??l i'1 TOTAL: 7 TOTAL: TOTAL: 1 TOTAL: 7 b TOTAL: / / The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby 1755 145_ KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET /Jot e/tz-e/ . �} 9: f't Regular Special Date: 9/5/020 // p2 Convened: Recessed: Reconvened: Adjourned: q ? ,1- 1 1 101 , BY: tit BY: r BY: ettpet , BY: BY: ���;� / 0 /� jr SECOND: ����� ]/ SECOND: / SECOND: ��L� SECOND: SEC D: oto /a - ' 4. rpoo-ist; • YES NO - YES NO YES NO ' YES NO YES NO` Ms. Austerman / Ms. Austerman / Ms. Austerman / Ms. Austerman / a� Ms. Austerm V Mr. Friend ! Mr. Friend / Mr. Friend / Mr. Friend Mr. Friend / Ms. Fulp / Ms. Fulp Ms. Fulp / Ms. Fulp / Ms. Fulp Ms. Jeffrey s ,/ Ms. Jeffrey / Ms. Jeffrey / Ms. Jeffrey / Ms. Jeffrey / Mr. Kaplan Mr. Kaplan x 7. Mr. Kaplan / Mr. Kaplan / Mr. Kaplan / Ms. Lynch / Ms. Lynch / ` .751 Ms. Lynch x / Ms. Lynch /- Ms. Lynch Ms. Stutes / Ms. Stutes Ms. Stutes / 7 Ms. Stutes X / Ms. Stutes / ]CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ?] TOTAL: 7 0 TOTAL: 7 0 TOTAL: 7 0 TOTAL: d 0 " TOTAL: 7 The mayor may not vote except in the case wh ere only six members of the assembly are present and there is a three /three tie vote of the assemtlly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH REGULAR MEETING Regular Meeting of:@ EA . 15, LL-D(I Please PRINT , o r name PIe a PRINT r / e L tkcifre,Difoedial& CbD \ ast-c)) (2L .C /0,<C€4 v \v/ \Y-7