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2012-09-06 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, September 6, 2012, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA • All items listed with an asterisk () are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. APPROVAL OF MINUTES A. *Regular Meeting Minutes of August 2 and August 16, 2012. 6. AWARDS AND PRESENTATIONS A. Plaque of Appreciation to Mr. Ian Fulp, City of Kodiak Parks and Recreation Director 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 9. PUBLIC HEARING — None. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts — None. B. Resolutions 1. Resolution No. FY2013 -08 Accepting the Recommendation of the Planning and Zoning Commission Approving of Certain Borough Land To Be Sold at a Future Land Sale. C. Ordinances for Introduction 1. Ordinance No. FY2013 -02 Approving a Rezone for Lot 25A, Block 7 Leite Addition from R1- Single Family Residential to R3- Multifamily Residential (P &Z Case 13 -001, Wittenbrader). 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. Pape 1 of 2 D. Other Items 1. Declaring a Seat on the Planning and Zoning Commission Vacant. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Joint Building Code Review Committee Meeting of July 12, 2012. 2. Planning and Zoning Commission Regular Meetings of June 20 and July 18, 2012. 3. Service Area No. 1 Board Regular Meetings of May 24 and June 28, 2012. B. Reports 1. Kodiak Island Borough Short Report of June 2012. 2. Kodiak Island Borough School District Special Meeting Summaries of July 31, 2012 and August 6, 2012; and Regular Meeting Summary of July 23, 2012. • • Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (8001 478 -5736 and Local 486 -3231. Page 2 of 2 • KODIAK ISLAND BOROUGH Assembly Regular Meeting August 2, 2012 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, August 2, 2012, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Major John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Tuck Bonney, Jerrol Friend, Dave Kaplan, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Administrative Official Bud Cassidy, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. APPROVAL OF AGENDA AND CONSENT AGENDA KAPLAN moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular Meeting Minutes of June 21 and July 5, 2012, were approved under the consent agenda. AWARDS AND PRESENTATIONS Administrative Official Cassidy presented a five year longevity award to Woody Koning, Director of the Engineering and Facilities Department and a ten year longevity award to Teresa Medina, Cashier in the Finance Department. Administrative Official Cassidy presented the Employee of the Quarter Award to Jessica Wolfe, Projects Assistant in the Engineering and Facilities Department. CITIZENS' COMMENTS Margaret Draskovich spoke in support of the collaboration the Providence Hospital shared with the University of Alaska in Anchorage and the nursing program in Kodiak. She also thanked the Borough Assembly for its support. COMMITTEE REPORTS None. PUBLIC HEARING HEARING 1. State of Alaska Alcoholic Beverage Board Liquor License Application for Transfer of Location. Licensee /Applicant: Kodiak Island Brewing Co. BONNEY moved to voice non - protest to the Kodiak Island Brewery Company's request for transfer of location. Licensee /Applicant: Kodiak Island Brewing Company. Kodiak Island Borough Assembly Minutes August 2, 2012 Page 1 The application for the liquor license transfer was to transfer license location for the Kodiak Island Brewing Company. The Clerk's office followed the KIBC 5.01.030 New license and transfer procedure. Fifty -four notices were mailed out on July 16, 2012, and no responses were received by the Clerk's office. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Friend, Kaplan, Lynch, Stephens, and Stutes. 2. State of Alaska Alcoholic Beverage Board Liquor License Application for Transfer of Ownership and Name. Licensee /Applicant: Southern -Odom Wine and Spirits of Alaska, LLC. BONNEY moved to voice non- protest to the Southern Wine and Spirits of Alaska's request for transfer of ownership and name. Licensee /Applicant: Southern -Odom Wine and Spirits of Alaska, LLC. The application for the liquor license transfer was to transfer license ownership and name for the parent company of Southern -Odom Wine and Spirits of Alaska, LLC. The Clerk's office followed the KIBC 5.01.030 New license and transfer procedure. Fourteen notices were mailed out on July 16, 2012, and no responses were received by the Clerk's office. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Friend, Kaplan, Lynch, Stephens, Stutes, and Austerman. 3. Ordinance No. FY2012 -01C Amending Ordinance No. FY2012 -01 Fiscal Year 2012 Budget By Amending Budgets to Account for Various Revenues and Expenditure Estimates. AUSTERMAN moved to adopt Ordinance No. FY2012 -01C. The budget amendment would adjust the salary line item in 100 -140- 410 -110 which was underfunded due to termination of the Coastal Management Program grant program; increase in the salaries of Community Development Department staff due to approval of the union contract; and underestimation of department salaries. There were several projects that had been completed and those capital projects were shown on an attached amendment spreadsheet. The Alaska Clean Water Fund had approved an amendment to the KIB loan #505041 in the amount of $6,033,000 and the ordinance amendment would reflect that the Borough agreed to borrow this amount. It was estimated that it would cost $40,000 to repair the "cottages" to build a conference room and those funds were available in the Borough Building Department. STUTES moved to postpone Ordinance No. FY2012 -01C to the next regular meeting of the Assembly. Kodiak Island Borough Assembly Minutes August 2, 2012 Page 2 ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Friend, Kaplan, Lynch, Stephens, Stutes, Austerman, and Bonney. BOROUGH MANAGER'S REPORT (Administrative Official Cassidy) Administrative Official Cassidy announced that he would be meeting with the City of Kodiak Manager Amy Kniaziowski about fiscal year -end matters, and Stewart McDonald with the School District in the upcoming week. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby highlighted issues covered while attending the National Association of Counties in Pittsburg, Western Interstate Region Board meeting, and the Alaska Municipal League Joint Insurance Association Board of Directors meeting. Mayor Selby invited the Assembly to the Western Interstate Region Board meetings that would be held in Kodiak on October 3 -5, 2012, along with a reception on October 3 and a dinner on October 4. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. 1997 -13A Kodiak Fisheries Research Center (KFRC) Supplemental Lease Agreement No. 4 with GSA. FRIEND moved to authorize the manager to execute Contract No. 1997 -13(A) Kodiak Fisheries Research Center Supplemental Lease Agreement No. 4 with GSA. The Supplemental Lease Agreement No. 4 (SLA No.4) with the United States Government was the process by which the GSA agreed to reimburse KIB for its costs to deliver the engineering design work necessary for the KFRC Seawater Chiller Ventilation Modification Project. Once the agreement was executed, it would serve as a Notice to Proceed for the design services at a value of $181,307. Upon satisfactory completion of the design work, GSA in accordance with SLA No. 4, would reimburse KIB for the cost of said phase. Staff recommended approval of Supplemental Lease Agreement No. 4 as the project would provide beneficial facility upgrades in regards to energy efficiency and seawater quality for lab experiments at no cost to KIB. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stephens, Stutes, Austerman, Bonney, and Friend. 2. Contract No. FY2013 -03 Professional Agreement for the Design Service for the Kodiak Fisheries Research Center (KFRC) Ventilation Modification and Seawater Chiller Project. AUSTERMAN moved to authorize the manager to execute Contract No. FY2013 -03 with PDC, Inc. for a Professional Agreement for the Design Service for the KFRC Ventilation Modification and Seawater Chiller Project in the amount not to exceed $181,516. Kodiak island Borough Assembly Minutes August 2, 2012 Page 3 This agreement was for the design of a Ventilation Modification and Seawater Chiller System upgrade to service the laboratories. This agreement would encompass all aspects of the design through construction documents. Funds for this project would be reimbursed 100% by GSA as per supplemental lease agreement #4. FRIEND moved to amend Contract No. FY2013 -03 to change the amount not to exceed $171,807. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Lynch, Stephens, Stutes, Austerman, Bonney, Friend, and Kaplan. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNAINMOUSLY: Stephens, Stutes, Austerman, Bonney, Friend, Kaplan, and Lynch. 3. Contract No. FY2013 -04 Employee Classification and Compensation Study. KAPLAN moved to authorize the manager to execute Contract No. FY2013 -04 with Fox Lawson and Associates to perform an Employee Classification and Compensation Study in the amount not to exceed $40,000. On May 3, 2012, the Borough issued a Request for Proposal (RFP) for an Employee Classification and Compensation Study. Proposals were due by June 22, 2012 and proposals were received from Fox Lawson & Associates and Information Insights. The proposals were received on time and contained all the required information. The proposal evaluation team included Finance Director Karl Short, Assessor Bill Roberts, and Administrative Official Cassidy. Both proposals met the general mandatory requirements of the RFP. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Stutes, Austerman, Bonney, Friend, Kaplan, and Lynch (Ayes); Stephens (No). Resolutions 1. Resolution No. FY2013 -05 Adopting to Participate in the AMLJIA Loss Control Incentive Program. FRIEND moved to adopt Resolution No. FY2013 -05. This resolution authorized continued Borough participation in the Alaska Municipal League Joint Insurance Association (AMLJIA) Loss Control Incentive Program. The Borough had participated in the Loss Control program since 2006. Participation in this incentive program required this resolution as well as monthly safety committee meetings, bi- annual facilities self- inspections, and employee safety training. It was required that a resolution be adopted annually in order to be eligible for the discount of $20,000 of the Borough's contribution. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Friend, Kaplan, Lynch, Stephens, and Stutes. Kodiak Island Borough Assembly Minutes August 2, 2012 Page 4 B. Resolution No. FY2013 -07 Appointing Members to the Kodiak Fisheries Development Association. AUSTERMAN moved to adopt Resolution No. FY2013 -07. The Kodiak Island Borough and City of Kodiak jointly designated the Kodiak Fisheries Development Association (KFDA) as the eligible crab community entity (ECCE). The by -laws of the KFDA provide for appointment of Directors to the Board by the Kodiak Island Borough Assembly and the Kodiak City Council for three -year terms. Both the Borough KFDA Director's seat terms expired in July 2012. Mr. Tuck Bonney and Mr. Jerry Bongen both indicated their desire to be reappointed to the Board of Directors. In addition, one of the three joint KFDA Director's seats term expired in July 2011. Ms. Linda Freed indicated her desire to be reappointed to the expired joint seat for a term to expire July 2014. Both the Borough and City Managers proposed to present the reappointment of Ms. Freed to their respective governing bodies in order to proceed with the joint appointment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Friend, Kaplan, Lynch, Stephens, Stutes, and Austerman. Ordinances for Introduction None. Other Items None. CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly member Stephens spoke to the inconsistent order and placement of the Executive Session and Assembly Member Comments on the regular meeting agenda and guidelines. Assembly member Stutes inquired about the status of the High School project manager position and Engineering and Facilities Director Koning responded that proposals are being reviewed. Assembly member Bonney congratulated Woody Koning on his longevity award. Assembly members Austerman, Friend, Kaplan, and Lynch congratulated Woody Koning and Teresa Medina for their longevity awards and Jessica Wolfe for her employee of the quarter award. Announcements The next Assembly work session would be held on Thursday, August 9, at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, August 16 at 7:30 p.m. in the Borough Assembly Chambers. Kodiak Island Borough Assembly Minutes August 2, 2012 Page 5 EXECUTIVE SESSION A. Borough Clerk's Performance Evaluation. KAPLAN moved to convene into executive session to discuss the Borough Clerk's performance evaluation, a subject that qualified for executive session as a matter that may tend to prejudice the Clerk's reputation or character. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Kaplan, Lynch, Stephens, Stutes, Austerman, and Bonney. Mayor Selby invited the Borough Assembly and the Borough Clerk into executive session. Mayor Selby recessed the regular meeting at 8:10 p.m. and convened the executive session. Upon returning from the executive session, Mayor Selby reconvened the regular meeting at 8:50 p.m. and announced that no action had been taken as a result of the executive session KAPLAN moved to grant a $2,500 bonus along with the scheduled step increase to the Borough Clerk in recognition of the increased workload expected in the upcoming year. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stephens, Stutes, Austerman, Bonney, and Friend. ADJOURNMENT FRIEND moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stephens, Stutes, Austerman, Bonney, Friend, and Kaplan. The meeting was adjourned at 8:50 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Minutes August 2, 2012 Page 6 KODIAK ISLAND BOROUGH Assembly Regular Meeting August 16, 2012 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, August 16, 2012, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Major John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Tuck Bonney, Jerrol Friend, Dave Kaplan, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Finance Director Karl Short, Human Resource Officer Lauri Whiddon, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. APPROVAL OF AGENDA KAPLAN moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS None. CITIZENS' COMMENTS None. COMMITTEE REPORTS None. PUBLIC HEARING 1. Ordinance No. FY2012 -01C Amending Ordinance No. FY2012 -01 Fiscal Year 2012 Budget By Amending Budgets to Account for Various Revenues and Expenditure Estimates. The motion before the Assembly was to adopt Ordinance No. FY2012 -01C. The budget amendment would adjust the salary line item in 100 - 140 - 410 -110 which was underfunded due to: • Termination of the Coastal Management Program grant program; • Increased salaries of Community Development Department staff due to approval of union contract; and • Underestimation of department salaries. Kodiak Island Borough Assembly Minutes August 16. 2012 Page 1 There were several projects that had been completed and these capital projects were shown on the amended spreadsheet. A substituted copy of the ordinance was provided to the Assembly and public. The Alaska Clean Water Fund approved an amendment to the Borough's loan #505041 in the amount of $6,033,000 and the ordinance amendment reflected that the Borough agreed to borrow that amount. It was estimated that it would cost $40,000 to repair the "cottages" to build a conference room and these funds were available in the Borough Building Department. The ordinance also restored funding for the Village Metals which was reduced in the original ordinance. The Borough Manager, Borough Clerk, Community Development Department, Building Official, and General Administration departments were over budget, the L.E.P.C. grant was $3,114 less than budgeted, the High School Gym Seismic and New World System projects were complete, and the new Swimming Pool Project budget could be reduced by $25,182, and $4,261,195 could be moved from Fund 420 General Obligation Bond Projects. AUSTERMAN moved to adopt Ordinance No. FY2012 -01C by substitution. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Austerman, Bonney, Friend, Kaplan, and Lynch (Ayes); Stephens and Stutes (Noes). BOROUGH MANAGER'S REPORT (Finance Director Short) Finance Director Short announced that the preliminary June 30, 2012 Short Report had been prepared and commented on various aspects of the report. MESSAGES FROM THE BOROUGH MAYOR None. UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Resolutions None. Ordinances for Introduction None. Other Items 1. Confirmation of Assembly Appointment to the Personnel Advisory Board. LYNCH moved to confirm the Assembly Appointment of Ms. Lindsey Howell to the Personnel Advisory Board for a term to expire December 2014. Kodiak Island Borough Assembly Minutes August 16. 2012 Page 2 There was currently one vacant seat on the Personnel Advisory Board to expire December 2014. The Clerk's office received an application from Ms. Lindsey Howell on July 9, 2012. Per Section 203 of the Personnel Manual, in appointing members to the Personnel Board, the Borough Assembly took into consideration the recommendations made by Borough employees, the Borough Manager, any resident of the Borough, and their own recommendations. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Friend, Kaplan, Lynch, Stephens, Stutes, and Austerman. CITIZENS' COMMENTS None. EXECUTIVE SESSION 1. Evaluation of Applicants for the Borough Manager's Position. AUSTERMAN moved to convene into executive session to discuss the evaluation of applicants for the Borough Manager's position which qualifies for executive session as a matter which would tend to defame or prejudice the character or reputation of any person. Mayor Selby invited the Borough Assembly, Finance Director, Human Resource Officer, and Clerk's Office Staff into executive session. ROLL CALL VOTE ON MOTION CARRIED FOUR TO THREE: Kaplan, Lynch, Austerman, and Bonney (Ayes); Friend, Stephens, and Stutes (Noes). Mayor Selby recessed the regular meeting at 7:55 p.m. and convened the executive session. Upon returning from the executive session, Mayor Selby reconvened the regular meeting at 8:43 p.m. and announced no action was to be taken as a result of the executive session ASSEMBLY MEMBER COMMENTS Assembly member Stephens thanked Finance Director Short for the memo on bank qualifying bonds. Assembly member Austerman addressed the Kodiak Daily Mirror article regarding the Kodiak Island Borough School District receiving low ratings for its schools by the State of Alaska. Assembly members Austerman and Stutes thanked Finance Director Short for the budget information. Announcements The next Assembly work session would be held on Thursday, August 30 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, September 6 at 7:30 p.m. in the Borough Assembly Chambers. The Borough Offices would be closed on Monday, September 3 in observance of the Labor Day Holiday. Kodiak Island Borough Assembly Minutes August 16, 2012 Page 3 The Assembly would hold a joint work session with the Kodiak City Council on Tuesday, September 4 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT KAPLAN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stephens, Stutes, Austerman, Bonney, and Friend. The meeting was adjourned at 8:47 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Minutes August 16. 2012 Pape 4 ¢ x, KODIAK ISLAND BOROUGH t. Ud0 dd fr AGENDA STATEMENT REGULAR MEETING OF: SEPTEMBER 6, 2012 ITEM NO.: 13.B.1 TITLE: Resolution No. FY2013 -08 Accepting the Recommendation of the Planning and Zoning Commission Approving of Certain Borough Land To Be Sold at a Future Land Sale. ORIGINATOR: Community Development Director FISCAL IMPACT: ❑ Yes $ or ❑ No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: P &ZC Minutes, Results Letter, Resolution, and Case 13 -002 Packet APPROVAL FOR A AGENDA: / � SUMMARY STATEMENT: The Borough Resource Management Officer has identified up to eleven (11) parcels of land which may be suitable for disposal at a future land sale. At this primary stage of review typically all that is required is a determination by the Assembly that the lands so identified in this review are surplus to the borough (public's) need. There is no adopted plan guidance indicating a need for the lands reviewed in this case to be required for any particular public purposes. The lands may require additional investigation to ultimately decide their fitness to be disposed for a particular purpose. Should the Assembly approve of the disposal of these eleven (11) parcels, additional surveying and possible zoning reviews may be required before many of these lots may be considered fit for disposal. The Commission held a public hearing on this request and found the request is consistent with the goals and objectives of the 2008, Kodiak Island Borough Comprehensive Plan Update. Staff recommends that the Assembly uphold the recommendation of the Commission and adopt this motion. RECOMMENDED MOTION: Move to adopt Resolution No. FY2013 -08. Kodiak Island Borough Page 1 of 1 1 Introduced by: Administrative Official 2 Requested by: Administrative Official CORRECTED COPY Drafted by: CDD Acting Director 3 Introduced on: 09/06/2012 4 Adopted on: 5 6 • 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY2013 -08 9 10 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY ACCEPTING THE 11 RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION APPROVING 12 OF CERTAIN BOROUGH LAND TO BE SOLD AT A FUTURE LAND SALE 13 14 WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each proposed 15 disposal of Borough land to be reviewed by the Planning and Zoning Commission before 16 submission to the Assembly; and 17 18 WHEREAS, the Planning and Zoning Commission is required under KIBC 18.20.030 to 19 make a recommendation on the disposal(s) by resolution before it is forwarded to the 20 Borough Assembly; and 21 22 WHEREAS, the principal purpose of the Commission review is to determine if the land 23 identified for disposal is surplus to the Borough's need; and 24 25 WHEREAS, the parcels proposed for disposal by the Borough Resource Management 26 Officer have not previously been considered for disposal by the Borough Assembly; and 27 28 WHEREAS, the Planning and Zoning Commission has found that the parcels identified 29 below for disposal are surplus to the public's need based on its review; and 30 31 WHEREAS, the Planning and Zoning Commission held a public hearing on July 18, 32 2012 and is recommending the disposal of the parcels listed below; 33 34 NOW, THEREFORE BE IT RESOLVED, THAT THE ASSEMBLY OF THE KODIAK 35 ISLAND BOROUGH THAT: 36 37 Section 1: The Kodiak Island Borough Planning and Zoning Commission, in 38 accordance with Title 18 of the Kodiak Island Borough Code, recommends 39 disposal of the borough's interest in the following eleven parcels of land 40 comprising 16.05 acres of property described as: 41 42 A. Parcels 1, 2, 3, 4 and 5, from Tract R1 -A Killarney Hills Subdivision. 43 Disposal of Parcel 4 will specify that future subdivision design will 44 accommodate extension of Murphy Way through Parcel 4 to 45 potentially connect with Rezanof Drive. Roads serving Parcels 4 and 46 5 will be constructed to City of Kodiak standards and, relative to the 47 intersection with Rezanof Drive, to Alaska Department of 48 Transportation standards. The Assembly acknowledges, as noted in Kodiak Island Borough Resolution No. FY2013 -08 Page 1 of 2 49 the Planning and Zoning Commission Resolution No. FY2013 -01, that 50 there has been no determination made dedicating the existing ball 51 field to long term use as a ball field. Parcels 4 - and 5 shall bo cold 52 53 -- - - • - •- • -- • • --• - a at -- - 54 55 bonofits tho ball Bold aroa and tho cubjoct parcols). Tho oxtonsion of 56 • = 57 . s - - 58 = 59 • 60 -••• - - •- - - - e• • 61 62 dodicato that aroa as right of way. Tho Commiscion alco roconizos that 63 _ • 64 65 66 B. Parcel 1, from Lot 7A, Block 7 Miller Point Alaska Subdivision 67 68 • C. Parcels 1, 2 and 3, near the end fo Panamaroff Creek Drive 69 70 D. Parcel 1, near the end of Middle Bay Drive 71 72 E. Parcel 1, from Lot 5, Block 1, Chiniak Alaska Subdivision 73 74 Section 2: The Kodiak Island Borough Planning and Zoning Commission, in • 75 accordance with Title 18 of the Kodiak Island Borough Code, has 76 determined after a public hearing on July 18, 2012, that the aforementioned 77 properties are hereby surplus to the public's need. 78 79 Section 3: The aforementioned lands, some of which may require additional planning, 80 zoning or subdivision in order to be made suitable for disposal, should be 81 offered to the public for disposal in a subsequent borough land sale. 82 83 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 84 THIS DAY OF 2012 85 86 KODIAK ISLAND BOROUGH 87 88 89 90 ATTEST: Jerome M. Selby, Borough Mayor 91 92 93 94 Nova M. Javier, MMC, Borough Clerk • Kodiak Island Borough Resolution No. FY2013 -08 Page 2 of 2 1 Introduced by: Administrative Official 2 Requested by: Administrative Official 3 Drafted by: CDD Acting Director Introduced on: 09(06/2012 4 Adopted on: 5 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY2013 -08 9 10 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY ACCEPTING THE 11 RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION APPROVING 12 OF CERTAIN BOROUGH LAND TO BE SOLD AT A FUTURE LAND SALE 13 14 WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each proposed 15 disposal of Borough land to be reviewed by the Planning and Zoning Commission before 16 submission to the Assembly; and 17 18 WHEREAS, the Planning and Zoning Commission is required under KIBC 18.20.030 to 19 make a recommendation on the disposal(s) by resolution before it is forwarded to the 20 Borough Assembly; and 21 22 WHEREAS, the principal purpose of the Commission review is to determine if the land 23 identified for disposal is surplus to the Borough's need; and 24 25 WHEREAS, the parcels proposed for disposal by the Borough Resource Management 26 Officer have not previously been considered for disposal by the Borough Assembly; and 27 28 WHEREAS, the Planning and Zoning Commission has found that the parcels identified 29 below for disposal are surplus to the public's need based on its review; and 30 31 WHEREAS, the Planning and Zoning Commission held a public hearing on July 18, 32 2012 and is recommending the disposal of the parcels listed below; 33 34 NOW, THEREFORE BE IT RESOLVED, THAT THE ASSEMBLY OF THE KODIAK 35 ISLAND BOROUGH THAT: 36 37 Section 1: The Kodiak Island Borough Planning and Zoning Commission, in 38 accordance with Title 18 of the Kodiak Island Borough Code, recommends 39 disposal of the borough's interest in the following eleven parcels of land 40 comprising 16.05 acres of property described as: 41 42 A. Parcels 1, 2, 3, 4 and 5, from Tract R1 -A Killarney Hills Subdivision. 43 Parcels 4 and 5 shall be sold together. Any subdivision of them shall 44 include an extension of Murphy Way through to Rezanof Drive which also 45 provides acess to the ball field area (so that there would be a single 46 intersection with Rezanof Drive which benefits the ball field area and the Kodiak Island Borough Resolution No. FY2013 -08 Page 1 of 2 47 subject parcels). The extension of Murphy Way shall be constructed to 48 City of Kodiak standards and, relative to the intersection with Rezanof 49 Drive, to any applicable State of Alaska standards. The alignment of the 50 road can be determined by the developer to allow for the optimum number 51 of building lots. The Commission recognizes that a portion of the new 52 section of Murphy Way will cross the wet lands area and that, as part of the 53 platting process, the borough would dedicate that area as right -of -way. 54 The Commission also reconizes that the Kodiak Island Borough Assembly 55 has not dedicated the existing ball field to a long term use as a ball field. 56 57 B. Parcel 1, from Lot 7A, Block 7 Miller Point Alaska Subdivision 58 59 C. Parcels 1, 2 and 3, near the end fo Panamaroff Creek Drive 60 61 D. Parcel 1, near the end of Middle Bay Drive 62 63 E. Parcel 1, from Lot 5, Block 1, Chiniak Alaska Subdivision 64 65 Section 2: The Kodiak Island Borough Planning and Zoning Commission, in 66 accordance with Title 18 of the Kodiak Island Borough Code, has 67 determined after a public hearing on July 18, 2012, that the aforementioned 68 properties are hereby surplus to the public's need. 69 70 Section 3: The aforementioned lands, some of which may require additional planning, 71 zoning or subdivision in order to be made suitable for disposal, should be 72 offered to the public for disposal in a subsequent borough land sale. 73 74 75 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 76 THIS DAY OF 2012 77 78 KODIAK ISLAND BOROUGH 79 80 81 82 ATTEST: Jerome M. Selby, Borough Mayor 83 84 85 86 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2013 -08 Page 2 of 2 Mt h:4"- "' KODIAK ISLAND BOROUGH r l'; ar ' onf,A Office of the Manager B ob Scholze, Resource Management Officer MEMORANDUM ; DATE: August 24, 2012 TO: Mayor and Borough Assembly FROM: Bob Scholze, Resource Management Officer L THROUGH: Bud Cassidy, Administrative Official/Acting Manage SUBJ: Land Disposal Review In making a determination regarding properties surplus to a public need, the Planning and Zoning Commission, in addressing the property described as Parcels 4 and 5 from Tract R1 -A, Killarney Hills Subdivision (air photo #1), has adopted language that would unite then in a way that may be at counter purposes with the direction originally given by the Assembly regarding disposal review for Parcel 4. That direction was to explore extension of Murphy Way to create a few additional lots within the area designated as Parcel 4. Requiring that "Parcels 4 and 5 shall be sold together..." (Section I A) would frustrate the intent to dispose of any portion of Parcel 4 independently. The cost of construction of the road required to connect Parcels 4 and 5 across an identified wetlands, in addition to the cost of extension of water and sewer lines, not only to Rezanof Dr. from Murphy Way, but 600 -800 feet down Rezanof Dr. either one way or the other to existing water and sewer main lines, would effectively preclude disposal of any portion of either parcel since it may well equal or exceed the total value of the lots created. It likely would be many years before development and sale of lots from Parcel 5 would make economic sense. If the Assembly wishes to pursue disposal of some lots created from Parcel 4 by extension of Murphy Way, as originally intended, it may want to consider simply dropping Parcel 5 from consideration at this time, while at the same time including language saying that any subdivision of Parcel 4 will include a right -of -way design intended to accommodate future extension of the road and utilities across the southerly portion of Tract R1-A to Rezanof Dr. Revenue from the sale lots from Parcel 4 might then be applied to design and /or construction of that road. Kodiak Island f b orougII , p , Community Development Department 710 Mill Bay Road 2. ir '! a: Kodiak, Alaska 99615 � ` ° Phone (907) 486 -9363 Fax (907) 486 -9396 c May 19, 2011 Mr. Bob Scholze, Resource Management Officer Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Re: Case 13 - 002. Review Planning and Zoning Commission review and recommendation, in accordance with KIB Code Section 18.10.030 (Review), of the disposal of up to thirteen (13) parcels of borough land totaling approximately 20.6 acres. Dear Mr. Scholze : The Kodiak Island Borough Planning & Zoning Commission at their July 18, 2012 regular meeting determined that eleven of the above referenced properties, comprising about 16.05 acres, are surplus to the borough's needs. This decision was approved in amended KIB Planning & Zoning Commission Resolution No. FY 2013 -01, which also contains further recommendations and finding which will be forwarded to the Assembly. The commission's resolution, recommendation, and other packet materials will be forwarded to the Assembly. Please contact the Clerk's Office at 486 -9310 for information on when this item will be scheduled to be heard by the Assembly. Sincerer, ' uane Dv r , cting Director Community Development Dept. CC: Nova Javier, Borough Clerk KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION RESOLUTION NO. FY 2013 -01 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING THE DISPOSAL OF ELEVEN PARCELS OF BOROUGH LAND COMPRISING APPROXIMATELY 16.05 ACRES, AS LAND SURPLUS TO THE PUBLIC'S NEED. WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each proposed disposal of Borough land to be reviewed by the Planning & Zoning Commission before submission to the Assembly; and, WHEREAS, the Planning & Zoning Commission is required under KIBC 18.20.030 to make a recommendation on the disposal(s) by resolution before it is forwarded to the Borough Assembly; and, WHEREAS, the principal purpose of the Commission is to consider if the land identified is surplus to the Borough's need; and, WHEREAS, the proposed parcels have not previously been considered for disposal by the Borough Assembly; and, WHEREAS, the Planning & Zoning Commission has found that the parcels identified below for disposal are surplus to the public's need based on its review; and, WHEREAS, the Planning & Zoning Commission held a public hearing on July 18, 2012 and is recommending the disposal of the following parcels: NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISION THAT: Section 1: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, recommends disposal of the boroughs interest in the following eleven parcels comprising 16.05 acres of property described as: A. Parcels 1, 2, 3, 4 and 5, from Tract R1 -A Killarney Hills Subdivision. Parcels 4 and 5 shall be sold together. Any subdivision of them shall include an extension of Murphy Way through to Rezanof Drive which also provides access to the ball field area (so that there would be a single intersection with Rezanof Drive which benefits the ball field area and the subject parcels). The extension of Murphy Way shall be constructed to City of Kodiak standards and, relative to the intersection with Rezanof Drive, to any applicable State of Alaska standards. The alignment of the road can be determined by the developer to allow for the optimum number of building lots. The Commission recognizes that a portion of the new section of Murphy Way will cross the wet lands area and that, as part of the platting process, the borough would dedicate that area as a right -of -way. The Commission also recognizes that the Kodiak Island Borough Assembly has not dedicated the existing ball field to a long term use as a ball field. B. Parcel 1, from Lot 7A, Block 7 Miller Point Alaska Subdivision C. Parcels 1, 2 and 3, near the end of Panamarioff Creek Drive D. Parcel 1, near the end of Middle Bay Drive E. Parcel 1, from Lot 5, Block 1, Chiniak Alaska Subdivision Section 2: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, has determined after a public hearing on July 18, 2012, that the aforementioned properties are hereby surplus to the public's need. Section 3: The aforementioned lands, some of which may require additional planning, zoning or other preparation in order to be made suitable for disposal, should be offered to the public for disposal in a subsequent land sale. ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION THIS 18 DAY OF JULY, 2012. PLANNING & ZONING COMMISSION Alan Torres, Chair ATTEST / it A i" J am Shei a Smith, Secretary As a private development this finding is not applicable to the case. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY - C) Case 13 -002. Request a Planning & Zoning Commission review and recommendation, in accordance with KIBC 18.20.030, of the proposed disposal of up to thirteen (13) parcels of borough land totaling approximately 20.6 acres. The applicant is the Kodiak Island Borough and the agent is Bob Scholze, Resource Management Officer. The locations of the parcels are generally located in and around the City of Kodiak, Womens Bay, and Chiniak. The zoning districts are R2- Two - family Residential, NU- Natural Use, PL- Public Use Land, and C- Conservation. Dvorak reported public hearing notices were sent out for each location. We received comments back on several of these sites. Most of the comments received timely are in your staff reports. There was one comment that came in after the deadline that's in the back. At the packet review last week we received a memorandum from the Parks and Recreation Committee which we've given you since. We also received after the packet review a new memorandum from the Resource Management Officer, Mr. Scholze that was received yesterday and put into your dropbox. Dvorak also heard from COMMISSIONER SCHMITT this morning and he has provided suggested motions along the lines that he proposed at last week's packet review; there are two alternatives. Staff recommended approval of these disposals. The original resolution stated up to thirteen parcels and up to 20.6 acres prior to the packet review we pared that down a couple of lots that the Resource Management Officer requested be withdrawn so then the resolution said eleven parcels and 16.05 acres. If the commission makes any amendments we would just want to have some clarification that we can go back and clean up some other mathematics of the resolution once the end result is known. COMMISSIONER SCHMITT MOVED to adopt Planning and Zoning Commission Resolution No. 2013 -01 recommending disposal of certain borough lands as identified in said resolution as surplus to the public's need for the borough to maintain said lands in reserve for future public use. The public hearing was opened & closed. Public Testimony was given by: Bob Scholze, Borough Resource Management Officer stated he wanted to make sure that you understood the changes that are being recommended since last week that mostly has to do with the first parcel identified in your resolution related to Tract R1A, Killarney Hills Subdivision generally known as Woody Way ball fields. We have recommended that parcel 5 be withdrawn and that parcel 4 be, the preference expressed that it be designated in the design of it that the right -of -way possibility of an extension of Murphy Way be maintained so that it could eventually be connected with Rezanof. This is the first of several steps of this process and at any stage lands could be withdrawn from this consideration, the Assembly may choose to do that. One other parcel identified in your resolution and is designated D are three properties at the end of Panamaroff Creek Drive in Bells Flats. We have designated three lots but we're more concerned with the area and this would be the maximum disposal area so if it ended up only one or two lots then this would cover that. In response to CHAIR TORRES'S inquiry if he has seen the amendment and alternate amendment, Scholze stated yes, he has seen what COMMISSIONER SCHMITT proposed. In response to CHAIR TORRES'S inquiry of does Scholze have a preference to support either one, Scholze stated yes, the definite preference would be what is called the alternative, the 7/18/2012 Page 5 of 12 P &Z Minutes second one because that's what corresponds to what we were recommending and that is basically saying withdrawing parcel #5 at this time from this consideration so we would only be looking at parcel #4. The language is in there to clarify that the right -of -way potential would remain to extend that in the design of it. In response to COMMISSIONER SCHMITT'S inquiry of the reason for suggesting the deletion of parcel 5, was that it would be cost prohibitive to run sewer and water to it because it would have to come along Rezanof Drive right -of -way, is that correct, Scholze stated yes. COMMISSIONER SCHMITT stated the idea of running the sewer and water down the right -of- way and extension of Murphy Way, has that been definitively ruled out as being too expensive, Scholze stated no, and in response to not definitively he thinks there would be challenges to overcome because to even just run water and sewer for four or five lots within parcel #4 would require a pressurized system of some kind as he was informed by the Public Works Department. After your question, which he got this afternoon Scholze tried to follow up and run it past the Public Works Department but they were in meetings and he wasn't able to confirm how that might work or be cost efficient. Nancy Kracke stated she's submitted a response to this and we're still looking at a lot of things that are happening out there. She's lived there since 1990 and she would like the commission to review a couple of things or at least consider them in this proposal for land disposal. The Kodiak Island Borough letter dated June 1, 2012 and updated June 29, 2012 to the Planning & Zoning Commission photo #4, essentially says an extension of the road would improve road conditions and provide potential alternative access to Chiniak Highway for emergency vehicles. The question is will the borough or potential owners bear the cost of improving the road? The borough will save little money shifting the burden of road development to potential owners because new owners will only develop from the end of the existing Panamaroff Creek Drive. The borough will still need to develop the remaining Vz mile to the Chiniak Highway for emergency vehicles. Additionally and most recently the new culvert that was just installed last week on Panamaroff Creek Drive has created a three foot high and 35 foot long barrier, bump, above the current road bed to the proposed sale properties. Panamaroff Creek which parallels and crosses the road is an anadromous fish stream. The trail or road expansion would bring into question the Kodiak Island Borough Code Section 17.50.080 Setbacks From Property Lines Section B. Setbacks From Anadromous Fish Water Bodies, #1 there is a required setback of 50 feet from the vegetation of an anadromous fish water bodies. Also under 16.40, Preliminary Plat, under 16.40.050 the following may need to be considered; #1 Adequacy Of Access For Additional Traffic Volume, and #3, Potential Drainage Problems. There is substantial flooding in the area with summer and fall storms and on multiple occasions in the past years she has seen salmon swimming up the current trail /road. Proposed lot #3 is very marshy receiving drainage from proposed lots #1 and 2 and likely would not support a viable septic let alone a suitable building pad. Proposed lots #1 and 2 appear to be fairly narrow and may not meet minimum lot width of 250 feet as required in the KIBC 17.50.B Conservation District Area Requirements. With a road built these lots would be fairly narrow with the setbacks as to what you would have left to build with. Kracke requested the commission's consideration on this proposed land sale. In response to COMMISSIONER KERSCH'S inquiry while looking at the GIS map, it looks like there's an existing path that goes all the way out to the Chiniak Highway, is this where the proposed road will follow, Kracke said there is a path. COMMISSIONER KERSCH asked if that is the route for the new road, Kracke said it would have to be, that is an old wartime trail. 7/18/2012 Page 6 of 12 P &Z Minutes COMMISSIONER KERSCH said the reason he asked is because the salmon stream doesn't actually cross the road anywhere, Kracke stated if you look on proposed Lot #2, if you look at the shadows of the trees it goes across there through the road and you can see the little creek that winds up into Panamaroff Creek. Panamarofff Creek that crosses the road is before the red line on Lot C, so through this area when we had livestock we've walked this a lot through the years and at certain times of the year there is a lot of drainage. This looks fairly flat but it isn't. Proposed #1 at the mountain side of the lines, that is kind of down in a ditch and then if you swing around it drops away so you have an area that is nice to begin with but then it drops off to the right hand side where everything from behind is on that upper line swings around, down, and through so it cuts into #2 and then it feeds across the area of the road and #3 is totally wetland, it's swamp. COMMISSIONER KERSCH stated he's seen water rushing down the middle of Panamaroff Creek Road and that's why he doesn't know where the other stream is that goes across to Lot #2, Kracke replied that there's so much drainage coming onto the lots on the left where the yellow house is, there is a stream coming right down behind that house that feeds off to the left and goes to the creek. On the next lot over there's also a stream that's going down into Panamaroff Creek, and on the third lot there is a lower one that also feeds into Panamaroff Creek. The area on the first proposed lot is going to show behind it is a fair amount of drainage and then it swings around and cuts into this area that will go across the road and feed into Panamaroff Creek. She has walked that road and it's been almost to her knees with fish swimming in it. The area off of and into Lot #3 you can see the meandering but off to the right is a very wet and use to be a beaver pond years ago. When the flooding and all the water and fish are in they come across the road. Jack Bennett stated he found proposed Lots #4 and 5 at Woody Way to be strange selections and he's relieved to hear Scholze recommend they be removed from consideration. He doesn't see access here. Lot #4 if it's up for development Bennett would like to see a more comprehensive plan, he knows how quickly R2 can turn into R3 and he could see an apartment complex going in that would change the tenure of the neighborhood. Bennett was there when the hospital was going to be built and the forest was cut down creating the northeast wind tunnel through there and then the ball fields and other school constructions. He requested that if we could know that there was some real planning that went into that and a plan to make it work. Stephanie Mangenie is a lifetime resident of Murphy Way. She looks at proposed Lot #4 and it sits right outside her bedroom window at the end of the cul -de -sac. She hopes the commission reconsiders before opening up this land because it will take away the security and freedom that her children have with no traffic going through, and more homes would bring much more attention to the neighborhood. The trees alone are security from wind, that little plot of trees is a nice part of our neighborhood. It's also wetlands or swamp. There are ducks, birds, muskrats, and deer habitats here. The whole area would change if it's developed. Unknown resident of Murphy Way stated he mirrored what Mangenie said and his main concern was are Lots 4 and 5. He and his family have done things in the neighborhood to try to get traffic to slow down, especially stop at the stop signs which is an ongoing concern for the eleven years he's lived there. He's called the police several times where they have sat there trying to catch people speeding but parking about 20 feet from the stop sign so everyone see them. Everyone from Trinity Islands and the other side of Rezanof cuts through Woody Way and Murphy Way to go to Wal -Mart and Safeway. Increasing the number of houses or the road 7/18/2012 Page 7 of 12 P &Z Minutes going through connecting Murphy Way to Rezanof Drive would create an even greater problem that we already have with traffic for the safety of the children mainly. Bob Scholze stated regarding the property in Bells Flats at the end of Panamaroff Creek Drive, nobody knows that area or the properties better than Ms. Kracke but he pointed out that we have consulted with the road service district out there about extending the road and it would only have to be extended far enough to provide access to any new lots created. They are in agreement with the premise that it would improve connectivity for potential emergency services that could be beneficial between South Russian Creek Road and the Chiniak Highway. Scholze also spoke with Will Frost, USF &G Fish Habitat Biologist and he did note and is in agreement with what Kracke said, there is an anadromous fish that does find its way up there. Anything that would be proposed for development would undergo the reviews of not only a rezone but also a subdivision and they would have to comply with the requirements. It may even be appropriate to confine that to Lots #1 and 2 as opposed to Lot 3 which is considerably lower and it's a drainage. This is consistent with the Comp Plan. It would go before the Assembly for their approval of rezone and replat. In response to CHAIR TORRES'S inquiry about the service area being in agreement with the road extension just long enough to access those three lots, Torres noticed on the current road there's not a cul -de -sac at the end will a new extension require a cul -de -sac, Scholze stated yes, if it's extended it would have to meet the standards with some kind of turn around depending on Fire Code requirements for emergency vehicles. COMMISSIONER SCHMITT MOVED to amend Resolution FY2013 -01 by inserting that the following paragraph immediately following [tem A of Section 1, Parcels 4 and 5 shall be sold together, any subdivision of them shall include an extension of Murphy Way through to Rezanof Drive which also provides access to the ball field area so there would be a single intersection with the Rezanof Drive which benefits the ball field area and the subject parcels. The extension of Murphy Way shall be constructed to the City of Kodiak's standards and relative to intersection with Rezanof Drive to any applicable State of Alaska standards. The alignment of the road can be determined by the developer to allow for the optimum number of building lots. The commission recognizes that a portion of the new section of Murphy Way will cross the wetlands area and that is part of the platting process the borough would dedicate that area as a right -of -way. The commission also recognizes that the Kodiak Island Borough Assembly has not dedicated the existing ball field to a long term use as a ball field. During discussion COMMISSIONER SCHMITT explained he's lived in the Woody Way area for twenty -five plus years when the trees were still there. We've heard that there's a shortage of building lots in the community particularly those that have water and sewer connections or the ability to get them. CHAIR TORRES asked COMMISSIONER SCHMITT why he prefers the first motion over the alternate, COMMISSIONER SCHMITT replied it would take out parcel 5 and if indeed parcel 5 can be developed at a reasonable cost, if water and sewer can go down Murphy Way extension rather than coming down Rezanof Drive, and also it would provide through access, the connectivity that seems to be important. COMMISSIONER VINBERG'S understanding is that the preference would be to sell Lots 4 and 5 together and not separately, and then consider them both and let the Assembly make the decision if they choose to extract parcel 5 from the sale. At this point VINBERG concurs with CHAIR TORRES. In response to CHAIR TORRES'S inquiry of with this motion not combining Lots 4 and 5 but requiring Lots 4 and 5 to be sold together, is that something that can be done, Dvorak stated that could be done by the Assembly, they would set the terms of future land sales. Before that 7/18/2012 Page 8 of 12 P &Z Minutes could happen we would have to have some serious surveying and other investigative reviews of this area including multi - agency reviews by the city, Corp of Engineers, ADF &G and so forth. This is a conceptual review this evening and the commission is just determining is this land surplus to the borough's needs. It appears some of this tract isn't being utilized now and looks like a prime area to investigate. COMMISSIONER WATKINS stated the problem he has with some of the lots is the swampland in the area, Lot 4 in Murphy Way, Lot 5 is a little more upland. Lot 3 in Bells Flats is swampland. In response to COMMISSIONER KERSCH'S inquiry of when did the road improvements occur because when you look at where parcel 4 is and the Mangenie's live on that corner it almost appears that they planned that road go all the way through or they would have put a cul -de- sac in, what year did they do that, COMMISSIONER SCHMITT said around 1995. COMMISSIONER KERSCH asked if he recalled any discussion of that road and why they stopped it dead like that, COMMISSIONER SCHMITT replied it's second hand but he did have conversations with the borough engineer at that time because we had drainage issues in our section of the road but he thinks the original plan contemplated a cul -de -sac at the dead end of Woody Way Loop but the Engineering Department was receptive to comments and was asked not to have a cul -de -sac. During discussion of access COMMISSIONER VINBERG stated perhaps the intent for Murphy Way was to have a cul -de -sac, it wouldn't make sense to have 2 access points so close to each other. He would prefer to see that land utilized more in the public sense than selling it off for private development. There can be some better planning for public use of that land even though there are some wetland or lowland areas. It could be utilized with a boardwalk or maybe integrated with the Parks Department. Lots 1, 2, and 3 are appropriate. Lot 3 is lower which will require more elevation work. Regarding Panamaroff Creek Lot 3, he said it's hard to tell based on the aerial maps we have but given the information given by Kracke and Scholze VINBERG feels we should consider withdrawing that piece also for the sake of making it easier for the Fire Department, Public Works, and Engineering folks to make it workable for them and mitigate some of the possible ADF &G issues. COMMISSIONER VAHL stated he agrees with the amendment because he too is looking at selling both lots together and he feels it will allow for better planning. VAHL said by selling them together a more comprehensive plan can be developed. As we look at our Comp Plan it really sets the standard for us to assess lots that they don't disrupt the character and nature of the neighborhood and it sounds like it will. COMMISSIONER SCHMITT stated it's kind of implied with the section that the alignment of the road can be determined by the developer to allow for an optimum number of building lots and SCHMITT'S idea is the road could meander or something in it. Having a road that has some bends in it can be a calming devise that would slow traffic down. ROLL CALL VOTE ON MOTION TO AMEND THE RESOLUTION CARRIED 4 -2. The ayes were COMISSIONERS VINBERG, VAHL, TORRES, and SCHMITT. The noes were COMMISSIONERS KERSCH and WATKINS. COMMISSIONER WATKINS MOVED to amend the resolution Section 1 -Line D, to remove Lot 3 from the Panamaroff Creek Subdivision due to the stream and wetland information received on it. ROLL CALL VOTE ON MOTION TO AMEND THE RESOLUTION FAILED 3 -3. The noes were COMMISSIONERS KERSCH, SCHMITT, and VAHL. The ayes were COMMISSIONERS WATKINS, VINBERG, AND TORRES. 7/18/2012 Page 9 of 12 P &Z Minutes ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED 4 -2. The ayes were COMMISSIONERS SCHMITT, TORRES, VAHL, and VINBERG. The noes were COMMISSIONERS KERSCH and WATKINS. OLD BUSINESS There was no old business. NEW BUSINESS A) City of Port Lions Resolution 12 -07 requesting the Planning & Zoning Commission initiate a rezone of Lot 3, Block 4, Port Lions Subdivision from R1- Single - family Residential to PL- Public Use Lands. Dvorak reported nobody is here from Port Lions; we didn't recommend it to them since there isn't a public hearing. This is a result of a zoning complaint regarding some further development of the city's water treatment facility which is located on this lot. They've had their new water treatment facility for a couple of years now and they were actually developing another facility related to that that caused the complaint but when we looked at it it did seem appropriate to consider this as a rezone due to the location of the treatment plant is dictated by the infrastructure that's already existing where the main water line comes into the community and where it's distributed to. This is the only practical place. This seems to be the only way to fix the problem. Staff recommends the commission initiate a rezone. Dvorak mentioned he had updated the guidelines but he didn't think the commission got them so to clarify it's actually Port Lions Subdivision 3" Addition. COMMISSIONER SCHMITT MOVED to initiate a rezone investigation to rezone Lot 3, Block 4, Port Lions Subdivision Third Addition, from R1- Single- family Residential to PL- Public Use Lands. ROLL CALL VOTE ON MOTION UNANIMOUSLY B) Capital Improvement Projects Dvorak said this is a preview of the coming attractions to get you in the right mind frame. It's his understanding that the commission has streamlined this CIP process in the past. We did get a lot of projects funded in this last legislative cycle so we'll be looking at dropping some things off and moving other projects up. It's an opportunity to re- evaluate it. Dvorak said the governor's budget will probably be determined in September so in order for you to pass on your recommendation to the Assembly to pass it on to the governor it is essential we get it done in one shot. Discussion of funding received. COMMISSIONER SCHMITT asked Dvorak to follow up on what the funding was to find out if, for example, we should ask for the remaining amount for the Pier 3 replacement and things like that. COMMISSIONER KERSCH said if we have $2.6 million left over from Baranof Park maybe we could put that into Woody Way Park and buy Lots 4 and 5. CHAIR TORRES asked staff to provide any information as early as possible for next month's meeting to give the commission more time to review projects. COMMUNICATIONS A) Planning & Zoning Commission Results Letters from Previous Meeting B) Letter of Courtesy & Advisory re: the use of a recreational vehicle for living purposes in the I- Industrial Zoning District Dvorak gave a brief report on communication items. 7/18/2012 Page 10 of 12 P &Z Minutes Public Hearing Item 7 -C P &Z - July 18, 2012 MEMORANDUM DATE: July 9, 2012 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the July 18, 2012 Regular Meeting CASE: 13 -002 APPLICANT: Kodiak Island Borough REQUEST: Planning and Zoning Commission review and recommendation, in accordance with KIB Code Section 18.10.030 (Review), of the disposal of up to thirteen (13) parcels of borough land totaling approximately 20.6 acres. LOCATION: Parcels are generally located in and around the City of Kodiak, Womens Bay and Chiniak ZONING: R2- Two - family Residential; NU- Natural Use; PL- Public Use Land; C- Conservation SUMMARY Both the Commission and the Assembly are periodically required to review public property to determine if, in light of changing community circumstances, certain lands characterized as public by ownership and zoning should remain available for potential public purposes. If the reason and justification for the original designation for public purpose are found to no longer apply, these properties may then be declared surplus and be made available for disposal at a Borough land sale. This case initiates such a review of thirteen (13) parcels owned by the borough. Borough Code Section 18.20.030 specifies that disposal of Borough land is subject to review by the Commission before submission to the Assembly. The Commission by resolution shall make a recommendation to the Assembly regarding proposed land disposal. This review is consistent with recent Assembly directives to identify land suitable to disposal for residential use. Recent inquiries by the real estate and developer community have indicated an anecdotal shortage of developable residential lots on the Kodiak Road System. Staff Report - Page 1 of 4 Public Hearing Item 7 -C P &Z - July 18, 2012 The KIB Resource Management Officer, Bob Scholze, has provided a brief summary of each proposed disposal in the original June 1, 2012 memorandum which accompanied this request for review by the commission. In addition, a new newer memorandum was submitted on June 29, 2012 which updates some of the original comments. In that Memo Mr. Scholze recommended that withdrawal or postponement of Parcels 1 and 2 near Beaver Lake /Dark Lake. Staff is therefore inclined to drop these parcels from consideration at this juncture and to recommend putting forward only those parcels not requiring such additional in order to be properly evaluated. CDD staff mailed out a public hearing notice for each of the proposed disposal areas and some public comments have been received on a number of the proposed disposals. Those comments are presented elsewhere in the packet under "Public Comments ". It is important to keep in mind that the proposed disposal areas are very conceptual at this point and the number of lots that might be achievable in any of these areas is somewhat speculative. Unless the areas are designated as surplus to the public need there is little incentive to have these areas surveyed or otherwise prepared for disposal if they are still needed for other public purposes. Staff has prepared a draft resolution for the commission's consideration. This resolution may be further amended by the commission in order to arrive at the optimal recommendation that the commission would like to transmit to the borough assembly. RECOMMENDATION Staff recommends that the Commission make a positive recommendation to the assembly on those properties which it deems to be surplus to the public's needs. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to adopt Planning and Zoning Commission Resolution No. 2013 -01 recommending disposal of certain borough lands as identified in said resolution as surplus to the public's need for the borough to maintain said lands in reserve for future public use. Staff Report - Page 2 of 4 Public Hearing Item 7 -C P &Z - July 18, 2012 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION RESOLUTION NO. FY 2013 -01 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING THE DISPOSAL OF ELEVEN PARCELS OF BOROUGH LAND COMPRISING APPROXIMATELY 16.05 ACRES, AS LAND SURPLUS TO THE PUBLIC'S NEED. WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each proposed disposal of Borough land to be reviewed by the Planning & Zoning Commission before submission to the Assembly; and, WHEREAS, the Planning & Zoning Commission is required under KIBC 18.20.030 to make a recommendation on the disposal(s) by resolution before it is forwarded to the Borough Assembly; and, WHEREAS, the principal purpose of the Commission is to consider if the land identified is surplus to the Borough's need; and, WHEREAS, the proposed parcels have not previously been considered for disposal by the Borough Assembly; and, WHEREAS, the Planning & Zoning Commission has found that the parcels identified below for disposal are surplus to the public's need based on its review; and, WHEREAS, the Planning & Zoning Commission held a public hearing on July 18, 2012 and is recommending the disposal of the following parcels: NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISION THAT: Section 1: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, recommends disposal of the boroughs interest in the following eleven parcels comprising 16.05 acres of property described as: A. Parcels 1, 2, 3, 4 and 5, from Tract R1 -A Killarney Hills Subdivision B. Parcel 1, from Lot 7A, Block 7 Miller Point Alaska Subdivision D. Parcels 1, 2 and 3, near the end of Panamaroff Creek Drive E. Parcel 1, near the end of Middle Bay Drive F. Parcel 1, from Lot 5, Block 1, Chiniak Alaska Subdivision Section 2: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, has determined after a public hearing on July 18, 2012, that the aforementioned properties are hereby surplus to the public's need. Staff Report - Page 3 of 4 Public Hearing Item 7 -C P &Z - July 18, 2012 Section 3: The aforementioned lands, some of which may require additional planning, zoning or other preparation in order to be made suitable for disposal, should be offered to the public for disposal in a subsequent land sale. ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION THIS 18 DAY OF JULY, 2012. PLANNING & ZONING COMMISSION Alan Torres, Chair ATTEST Sheila Smith, Secretary Staff Report - Page 4 of 4 Public Hearing Item 7 -C P &Z - July 18 901 • K odiak Island Borough Community Development Department submfibyFinail I (t' 710 Mill Bay Rd. Rm 205, Kodiak, AK 99615 Ph. (907) 486 - 9362 Fax (907) 486 - 9396 I;, Print Form 1 ' http: / /www.kodiakak.us Administrative Request Applicant Information: Property Owner /Applicant: /10d lak /S c•16H Mailing Address: 7/ O M74L /kW Reit- Phone Number: tn"j H q 30`-) Other Contact email, etc.: Agent &/or Surveyor: 3, Sc -k , p tvl C Mailing Address: Phone Number. Other Contact email, etc.: Nature / Purpose of Request: • } . 'n � �>, , ) /4q.T c e»q,l✓ K. 1. 8 own ej L abr.? e . . th S 4,t t U '/D CI Aa r l a . ' t / 0-1-1 ei r i /S r 05tL eitTh Property Information: t Lo-..- Sae _ Legal Description: Subdv: —p . ? f — p �r1 ILL- AQ/Jey � f�t.;s stock: tot: rF rS mot. Current Zoning: 2_ Applicable Comprehensive Plan: Present Use of Property: 0 r ata_,nt Galt( pr . L � Sat a ckeJt n I am providing additional information in the form of: Additional Narrative / History : x gam fi r.:;.' : . ) As -built Survey: Maps: Photographs: Othey. - 'I •'✓b' Date: I� =•: CI ` ( /� � Sig natu re: .0". , • [) , � j ILe9 e Q I r %12 I� /.: �4M.I� "�i €fi Payment Verification Fee Pa • able in Cashier's • ice Room a :% - M. n floo • of Boroug uildi ,,r� Reconsideration of P &Z Commission Decision KIBC 17.215 I— r -t4: W * ACP Appeal to P &Z Commission KIBC 17.220 r $350.1 - P&Z Commission Site Plan Review KIBC 17.130.020 r $150.00 P &Z Commission Screening Approval KIBC 17.105.060 r $150.00 Title 18 Land Disposal Review KIBC 18.20.060 A IX $350.00 Postponement at Petitioner's request - Public Hearing Item r $100.00 Postponement at Petitioner's request - Non - Public Hearing Item F $ 25.00 Other / r 5150.00 Date: �lf / w2C� CDD Staff: .7244 / noz O` Application - Pate 1 of 12 Public Hearing Item 7 -C P &Z - July 18, 2012 • Kodiak Island Borough t crafre j OFFICE of the MANAGER 710 Mill Bay Road 7/ Kodiak, Alaska 99615 bet' l � y Phone (907) 486 -9304 Fax (907) 486 -9374 ilk it E -mail: rscholze kodiakaLus To: Planning and Zoning Commission From: Bob Scholze, Resource Management Officer 6 Date: June 29, 2012 Re: Land Disposal Review Update (Case 13 -002) This updates the memo dated June I, 2012 to provide additional information on some of the properties identified as prospective candidates for land disposal beginning with a determination that the property is surplus to a public need. Photo #I: Tr. R -1A, Killarney Hills Subdivision. The 2008 Comprehensive Plan Update identifies the future land use of this property as Urban Residential, consistent with its R2 zoning. As regards existing public utilities, the City Public Works Department has responded that Parcels #1, #2, and #3 would require extension of the sewer line in Woody Way Loop from where it presently terminates at the bend in the road to the manhole near the intersection with Rezanof Dr., a distance of approximately 600 feet. Sewer line extension could be viewed as an investment in the future development for potential facility use, as was originally intended, of the level, filled area of the tract presently occupied with the interim ball field use. According to Public Works, extension of existing utility lines from Murphy Way into Parcel #4 could support up to six home sites, but may require a lift station or a pressure sewer system. This would be the responsibility of the developer, as would improvements related to the road extension, including curb, gutter and sidewalk, to City standards. Since it currently does not have access to public utilities, Parcel #5 would require extension of utilities from the end of Woody Way Loop to the northwest (water line) or from the opposite end of Woody Way Loop to the southeast (sewer line), which cost would be absorbed by the developer. As with Parcel #4, any street extended into the tract would be required to be developed to City standards. A determination that parcels #1- #5, as indicated, are surplus to a public need is reasonable since 14+ acres would remain as a large tract encompassing the improved, level area as well as the high -value wetlands which can be protected. Future disposal and /or development Application - Page 2 of 12 Public Hearing Item 7 -C P &Z - July 18, 2012 of parcels identified as surplus could proceed on a phased basis, or with only some of them targeted. Photo #2: These parcels near Beaver Lake are zoned RR1 -Rural Residential One and are generally designated as Open Space /Recreation on the future land use map in the Comprehensive Plan Update. For reasons of topography and drainage, all of the area identified in Parcels #1 and #2 may not be suitable for residential development. It is recommended that the determination regarding the disposition of these parcels be postponed until smaller pocket areas adjacent to the existing road and utilities suitable for residential can be identified. Photo #3: Creation of this lot opposite Mill Bay Beach adjacent to Island Creek Park would have the safety benefit of better intersection of Ocean Drive with both road and the bike path. The City Public Works Department has indicated that both sewer and water distribution lines are located on the bike path side of Rezanof Drive for ready private property service line connection. Rock substrate requiring ripping or blasting may add some site development expense, which would be the property owner's responsibility. Sale of the new lot could also have the additional benefit of offsetting the cost of road realignment. Photos #4 & #5: These properties are located in Bells Flats and would involve extension of existing roads and corresponding expansion of the road service district. The Womens Bay Road Service District has identified potential benefits in both cases. Extension of Panamaroff Creek Road would provide alternative emergency access between Russian Creek Road and the Chiniak Highway. Extension of Middle Bay Drive would offer the possibility of creating a cul -de -sac with an alternative design for school bus turn - around, which has been a problem with the present road design necessitating use of an easement on private property. Photo #6: Chiniak Alsaka Subdivision: No additional comment. Application - Page 3 of 12 Public Hearing Item 7 -C P &Z - July 18, 2012 Kodiak Island Borough IC J ,�� t Ji t \ \ OFFICE of the MANAGER � . 710 Mill Bay Road , "j Kodiak, Alaska ga 1, s Phone (907) 486 -9304 Fax x (90 (907) 486 -9374 _ E -mail: rscholzc kodiakak.us To: Planning and Zoning Commission From: Bob Scholze, Resource Management Office Date: June 1, 2012 Re: Land Disposal Review Borough land generally undergoes a three -step process of public hearings leading to a land sale. First is a determination by the Borough Assembly that a property is surplus to a public need. Following this determination, steps two and three entail rezone and replat, if appropriate and necessary. Final decisions about rezone, replat and land sale are made by the Assembly on an individual parcel basis. KIBC Code Section 18.20.030.A requires that disposal of Borough land be reviewed by the Planning and Zoning Commission before submittal to the assembly with the Commission making a recommendation to the assembly regarding the proposed disposal. Identified here are various properties that might be designated for potential disposal as part of the first step in the process. Photo #1: Tr. R -1 A, Killarney Hills Subdivision, zoned R2, was identified as a potential location for a new hospital in the mid- 1980's and subsequently underwent significant site development at substantial cost toward that purpose. After the new hospital was constructed elsewhere, the site was considered at different times for other public facility development, including a new middle school and a transfer station. In the interim, ball fields have been developed on the filled portion of the property as a temporary use by cooperative agreement between the Borough, the City and the School District. It is questionable whether the "highest and best" long term use of that portion of the property is for ball fields. Other public land appropriately zoned and with less invested into site development may prove better suited for exclusive recreational use on a long term basis. That determination remains to be made by the Assembly. This action would start the process to designate as surplus to a public need portions of the tract on its periphery that were not within the 1980's site improvement area. Adjacent to existing infrastructure, including paved street and public utilities, if these portions are determined to be surplus, they might then be made available, if appropriate, for medium and /or high density Application - Page 4 of 12 Public Hearing Item 7 -C P &Z - July 18, 2012 residential development. Identified high value wetlands on the tract would be protected. The filled and graded portion of the property would continue on a temporary basis for the interim ball field use, while remaining available, in the longer term, for potential facility development as originally intended. The attached photo demonstrates that three additional R -2 properties ( #'s 1- 3) could be created along Woody Way Loop, and that larger tracts adjacent to Murphy Way ( #4) and Rezanof Drive ( #5) could be made available for development while still allowing for all current activities to continue on the remainder of the property. Photo #2: This would designate as surplus to a public need two tracts zoned Rural Residential One (RR1) adjacent to existing roads and public utilities in the vicinity of Beaver Lake and Dark Lake, portions of which might be rezoned suitable for medium and/or high density development. Based on additional data and site inspection, the designated tracts could be reduced in size to provide maximum buffering for protection of the lakes and associated wetlands. Photo #3: Lot 7A, Block 7, Miller Point Subdivision opposite Mill Bay Beach is currently zoned PL Public Land and is technically part of the Island Lake Trail system. However, an existing historic road crosses this portion of it to provide access to seven residences developed in large measure on properties created from the old Naughton's mobile home park. The poor alignment and steep grade of this substandard road at its intersection with Rezanof Drive presents a traffic safety concern. Realignment of Ocean Drive as indicated would significantly improve the intersection and allow for creation of a residential view lot, sale of which might help offset the road improvement costs. The adjacent 5 -plex has developed and used for years, without permit, this portion of the Borough property as a parking lot /storage area. Photo #4: Extension of Panamaroff Creek Road in Bells Flats and incorporation into the road service district would not only improve road conditions and connectivity providing potential alternative access between Chiniak Highway and South Russian Creek Road for emergency situations, but also provide for development of additional rural residential lots ( #'s I- 3). This would require rezone from C- Conservation to RR1-Rural Residential One or RR2 -Rural Residential Two. Photo #5: This would create an additional residential lot adjacent to Russian River Estates (the historic Nixon Ranch) while at the same time accommodating extension of Middle Bay Drive to develop a cul -de -sac for school bus turn- around which has been an ongoing problem. This would require rezone from NU Natural Use to RR1 -Rural Residential One. Substantial buffering between this lot and Russian Creek would continue to be provided by Coast Guard property, and it is separated by distance and topography from the Jack and Lee lake system, protection of which was the intent of the Natural Use zoning. Photo #6: This would create an additional rural residential lot from a portion of Lot 5, Block 1, Chiniak Alaska Subdivision. Located behind the Chiniak School and opposite the Chiniak tsunami shelter, this lot would reestablish one that was contemplated in the 1980's when Chiniak Alaska Subdivision was created to make residential properties there available for sale. 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Public Hearing Item 7 -C P &Z - July 18, 2012 \CO 4Q.* O O O O O O O a ,1(1\ Application - Page 12 of 12 Public Hearing Item 7 -C P &Z - July 18, 2012 Current Location P & Z Case 13 -002 Notification Area Map Kodiak Island Borough/ Bob Scholze . .. '/I1A VW" ■ dry tiP e" Of 1 III INV 0 sog ry +' ��` O #414P% `0ak �+� 3131 45,11 '71' 7 , IXOP� 3,,' '`P 15 N25 fota E1 /2J & ' � � � � !LAO swtEi ' ,P USS 1682 1 :0' or e ~ � '7 A TP.AC113 kW" c �� a a . c .2`vV �� tiP ? ti F o ry e \ 8 TRACT A -t : fi t �� 1" V. 4 oR 4,4- O # A zw - , 4- 1 iik * *I ' ..i. N � 1 � d M �Rpy)-• ® zu 11 3 �1R7 r Q� la WAY 4..9...w A S 3 469 i A,,,,. . . . : alb Ast, , S 3469 �A ■ • x PG �� Ol n J�\� 0 41■4 5, (r3 vt-G DRIVE N c ' a } A. Kodiak Island Borough GIS Legend A N h. +�• Subject Parcel W w, E , �. t + Feet J 0 275 s' o t. ioo Notification Area II 1 S This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location 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 Comments - Page 1 of 40 Public Hearing Item 7 -C P &Z - July 18, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 June 6, 2012 Public Hearing Item 7 -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, July 18, 2012. 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: 13 -002 APPLICANT: Kodiak Island Borough AGENT: Bob Scholze, Resource Management Officer REQUEST: Manning & Zoning Commission review and recommendation, in accordance with KIBC 18.20.030, of the proposed disposal of up to thirteen (13) parcels of borough land totaling approximately 20.6 acres. LOCATION: Parcels are generally located in and around the City of Kodiak, Womens Bay and Chiniak. ZONING: R2- Two- family Residential; NU- Natural Use; PL- Public Use Land; C- Conservation; This notice is being sent to you because our records indicate you are a property ownerlinterested 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 3, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 -9396 or you may email them to ssmitht7a,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. One week prior to the regular meeting, on Wednesday, July 11, 2012, 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 Comments - Page 2 of 40 LI j - LJood>i LW./ Public Hearing Item 7 -C P &Z - July 18, 2012 UNIVERSITY OF ALASKA BARRY F ALTENHOF ALWERT FISHERIES INC COLLEGE, AK 99735 PO BOX 1373 - P.O. BOX 1711 KODIAK, AK 99615 KODIAK, AK 99615 MONTE K ANDERSON MICHAEL ANDERSON, LLC CAROL AUSTERMAN 3072 WOODY WAY LP PO BOX 2310 PO BOX 8766 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DOUGLAS BEAVER JOHN BENNETT BRECHAN ENTERPRISES INC 213 MURPHY WAY P 0 BOX 368 PO BOX 1275 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JOHN BUTLER MANUEL CASTELLON REGINALD CHILDERS P.O. BOX 2610 PO BOX 2562 PO BOX 725 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 CITY OF KODIAK STEVEN COOLEY CORP OF ST MARY'S PARISH P.O. BOX 1397 PO BOX 682 225 CORDOVA STREET KODIAK, AK 99615 KODIAK, AK 99615 ANCHORAGE, AK 99501 -2409 MAURICE COSTELLO GARY R DARRAH ELISAIA DEARDURFF PO BOX 754 PO BOX 1943 3164 WOODY WAY LOOP KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ROLAND DORMAN DENNIS DUPRAS DUNCAN FIELDS 3462 SITKINAK DR PO BOX 2667 PO BOX 25 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 KEVIN & SHERYL FISHER JAMES GRAHAM ETAL BRIAN GREGORY 38414 LABISKE LANE PO BOX 3147 3659 WOODLAND DR ASTORIA, OR 97103 KODIAK, AK 99615 KODIAK, AK 99615 LOUISE HALVORSEN MELAYNA HALVORSEN LAURINDA HASKIN PO BOX 136 P.O. BOX 136 1314 ISLMAILOV ST KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ERIK HOWARD ETAL ALLEN HULING JERLING ENTERPRISES, LLC PO BOX 1321 216 MURPHY WAY 1212 MADSEN AVE. KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 Public Comments - Page 3 of 40 Public Hearing Item 7 -C P &Z - July 18, 2012 JESSICA DAVID JOHNSON JAY JOHNSTON PHILLIP JORDINELLI 1860 ROOSEVELT STREET PO BOX 2503 PO BOX 8764 NORTH BEND, OR 97459 KODIAK, AK 99615 KODIAK, AK 99615 GARRY KERNAN WENDY KILPATRICK ETAL KODIAK AREA NATIVE ASSOC 1315 ISMAILOV ST. 310 MURPHY WAY 3449 REZANOF DR E KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK CHRISTIAN EDUCATION KODIAK ISL HSG AUTHORITY KODIAK ISLAND BOROUGH 3300 E. REZANOF DR 3137 MILL BAY RD 710 MILL BAY RD KODIAK, AK 99615 WOODSIDE MANOR KODIAK, AK 99615 KODIAK, AK 99615 DUSTIN KRUG RONALD KUTCHICK JOHN LARSEN ETAL PO BOX 1971 P.O. BOX 2295 3231 KATMAI DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DERRIK MAGNUSEN NICHOLAS MANGINI MICHAEL MARTIN 217 MURPHY WAY 313 MURPHY WAY PO BOX 889 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JOSEPH K MAUER ORLANDO MERCADO ETAL TRACY MOORE 3225 WOODY WAY LOOP PO BOX 3011 3305 WOOD WAY LOOP KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 KENNETH MORRISON NATHANIEL NEWMAN MARY OCAMPO PO BOX 8713 PO BOX 1847 PO BOX 8688 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 TAKESHI OKI ANTONIO OLAZABAL CHRISTOPHER OTTO PO BOX 2077 PO BOX 2825 PO BOX 8424 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 RONALD PAINTER MARIUS PANZARELLA D GARRICK PARKER 3901 WOODLAND DR PO BOX 77 3314 WOODY WAY LOOP KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 RUSSELL PATRICK MICHAEL PESTRIKOFF RAM DEVELOPMENT ETAL 3313 WOODY WAY LOOP 18860 TALARIK DR 2812 70TH AVE E. KODIAK, AK 99615 EAGLE RIVER, AK 99577 FIFE, WA 98424 Public Comments - Page 4 of 40 Public Hearing Item 7 -C P &Z - July 18, 2012 MARTHA RANDOLPH DANA REID JEANNINE RENNICK LIVING TRUST PO BOX 414 PO BOX 8935 3296 WOODY WAY LOOP KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 MICHAEL REUTER STEVEN RUSSELL FAMILY TRUST FREDERICK SARGENT PO BOX 1489 3152 WOODY WAY LP 3177 WOODY WAY LOOP KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ALAN SCHMITT ETAL MICHAEL SCHRECK BRENDA SCHWANTES SR 3295 WOODY WAY LOOP P 0 BOX 1011 PO BOX 2393 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 LISA SCHWIEN JOSEPH SEKERAK KARLETON SHORT PO BOX 8742 3286 WOODY WAY LOOP 3446 SITKINAK DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ALAN SKAW ST PAUL LUTHERAN CHURCH JONATHAN Q STREIFEL P.O. BOX 842 P 0 BOX 102 PO BOX 824 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 STEVEN TIDWELL REBECCA TORSEN ANTHONY TROUT PO BOX 8904 PO BOX 8884 3214 KATMAI DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 CASEY & ALEXANDRA TURNER STEVEN TYNER SHERRY WEIMER 3227 KATMAI DR 3266 WOODY WAY LOOP 3224 WOODY WAY LOOP KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 TIMOTHY & TIFFANY WILLIAMSON 3222 KATMAI DRIVE KODIAK, AK 99615 Public Comments - Page 5 of 40 Public Hearing Item 7 -C P &Z - July 18, 2012 Current Location P & Z Case #13 -002 Notification Area Map Kodiak Island Borough/ Bob Scholze A.4-&16,4h NH . Alai ,..., / ,...„. . WI pp Er ',fill ( . sumo, , , ri■ a ill 3.'s _ A " - i& 1,• Kt. a . ' , iS 4 * i ,. ::: 1 1 , '41S AP ' 41■■ sr zi 4it - ha bei o o li■ draw. , wt ,...„.,,.. ._ , . by N n , / ...'44/14 4 V.4 A -- ., . . /.:'..-: . t. ,el 4- 1 1 :- , a ..,. Ir 4 4 / AU ® + U ;� J Al , - , 0 . , ' f 4 4 OA 1 0 , • 40 • 1) 0 40 + %. " difr■•,, 4.4 *1.1 1 — 444 41t ie 4 s r , . - v-- 4 i r . .. › . 1 . A . 1 %, " 44 ,4* .4"..404er. * 4 .. . 4 QP , & .,,-.A.w,..,atviiiireicio*wyr, .,ArarAidliw _, :. a Kodiak Island Borough GIS Legend N ,,., ' -, • Subject Parcel W 7r Feet Subject i 500 r ( '00 t t 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 Comments - Page 6 of 40 Public Hearing Item 7 -C P &Z - July 18, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 June 6, 2012 Public Hearing Item 7 -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, July 18, 2012. 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: 13 -002 APPLICANT: Kodiak Island Borough AGENT: Bob Scholze, Resource Management Officer REQUEST: Planning & Zoning Commission review and recommendation, in accordance with KIBC 18.20.030, of the proposed disposal of up to thirteen (13) parcels of borough land totaling approximately 20.6 acres. LOCATION: Parcels are generally located in and around the City of Kodiak, Womens Bay and Chiniak. ZONING: R2- Two - family Residential; NU- Natural Use; PL- Public Use Land; 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, July 3, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 -9396 or you may email them to ssmitlakodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday, July 11, 2012, 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 Comments - Page 7 of 40 Public Hearing Item 7 -C P &Z - July 18, 2012 STOSH ANDERSON JACK BRISBANE BRIAN CLEARY PO BOX 310 PO BOX 8825 PO BOX 16 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ANDREW CRAWLEY KEVIN CREELMAN THOMAS EVERITT 120 W REZANOF DR 104 CENTER ST #100 4230 WORONZOF DR. APT. D KODIAK, AK 99615 KODIAK, AK 99615 ANCHORAGE, AK 99517 DUNCAN FIELDS ETAL WILLIAM HAAG PAUL HANSEN DANA CAMPBELL P.O. BOX 2964 P.O. BOX 663 PO BOX 25 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ARNOLD HANSEN ISLAND SAND & GRAVEL KODIAK ISLAND BOROUGH PO BOX 2876 PO BOX 1193 710 MILL BAY RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK REAL EST & INV INC IVER MALUTIN MICHAEL MARTIN 202 CENTER AVE #101 P 0 BOX 8501 PO BOX 889 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 CHERYL MEUNIER TERRY MICHALSKI MARLO MONSON PO BOX 8697 26226 VALLIHI CIRCLE PO BOX 1736 KODIAK, AK 99615 EAGLE RIVER, AK 99577 KODIAK, AK 99615 GEORGE NAUGHTON GREGORY NORKUS JAMES POULOS FAMILY TRUST P.O. BOX 1222 PO BOX 8729 3064 SPRUCE CAPE RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 TIMOTHY POWELL II JAMES PRYOR LAURA RESOFF PO BOX 1453 1012 STELLER WAY P.O. BOX 272 SEWARD, AK 99664 KODIAK, AK 99615 KODIAK, AK 99615 DAVID SCHATZ GREGORY SPALINGER DAYTON WANDERSEE PO BOX 8532 PO BOX 2635 PO BOX 8516 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 WILLIAM R WATKINS PO BOX 2236 KODIAK, AK 99615 Public Comments - Page 8 of 40 Public Hearing Item 7 -C P &Z - July 18, 2012 Current Location P & Z Case 13 -002 Notification Area Map Kodiak Island Borough/ Bob Scholze o C p 4 S AP it A 935 4? 43 IV I ll‘ ‘.°'‘' g� AP U / c e WAV re VG 39 62 L . ir ■ ry it ti ' AR O wAY O 1 k , y II � 0 s � . •�\ IliCloy. • mat _ ANiONE P Q G S , S ,S • . j: RI GGS fig ■.!) •�• OU � �� . ,, _ F 055 ZP 90 N ��s ' co 64 t kit ® ]966 �:ti ry� o Q - B 350 '� ass 111 ® �® `1' _ allele 11.aw NIB r Kodiak Island Borough GIS L egend N f t , `.,, _ Notification Area W \, E oat t Feet ' 0 225 450 soo 1 1 Subject Parcel 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 (90]) 086 -9333 Public Comments - Page 9 of 40 Public Hearing Item 7 -C P &Z - July 18, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 June 6, 2012 Public Hearing Item 7 -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, July 18, 2012. 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: 13 -002 APPLICANT: Kodiak Island Borough AGENT: Bob Scholze, Resource Management Officer REQUEST: Planning & Zoning Commission review and recommendation, in accordance with KIBC 18.20.030, of the proposed disposal of up to thirteen (13) parcels of borough land totaling approximately 20.6 acres. LOCATION: Parcels are generally located in and around the City of Kodiak, Womens Bay and Chiniak. ZONING: R2- Two - family Residential; NU- Natural Use; PL- Public Use Land; 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, July 3, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 -9396 or you may email them to ssmith(aikodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday, July 11, 2012, 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 Comments - Page 10 of 40 Public Hearing Item 7 -C P &Z - July 18, 2012 STOSH ANDERSON JACK BRISBANE BRIAN CLEARY PO BOX 310 PO BOX 8825 PO BOX 18 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ANDREW CRAWLEY KEVIN CREELMAN THOMAS EVERITT 120 W REZANOF DR 104 CENTER ST #100 4230 WORONZOF DR. APT. D KODIAK, AK 99615 KODIAK, AK 99615 ANCHORAGE, AK 99517 DUNCAN FIELDS ETAL WILLIAM HAAG PAUL HANSEN DANA CAMPBELL P.O. BOX 2964 P.O. BOX 663 PO BOX 25 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ARNOLD HANSEN ISLAND SAND & GRAVEL KODIAK ISLAND BOROUGH PO BOX 2876 PO BOX 1193 710 MILL BAY RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK REAL EST & INV INC IVER MALUTIN MICHAEL MARTIN 202 CENTER AVE #101 P 0 BOX 8501 PO BOX 889 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 CHERYL MEUNIER TERRY MICHALSKI MARLO MONSON PO BOX 8697 26226 VALLIHI CIRCLE PO BOX 1736 KODIAK, AK 99615 EAGLE RIVER, AK 99577 KODIAK, AK 99615 GEORGE NAUGHTON GREGORY NORKUS JAMES POULOS FAMILY TRUST P.O. BOX 1222 PO BOX 8729 3064 SPRUCE CAPE RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 TIMOTHY POWELL II JAMES PRYOR LAURA RESOFF PO BOX 1453 1012 STELLER WAY P.O. BOX 272 SEWARD, AK 99664 KODIAK, AK 99615 KODIAK, AK 99615 DAVID SCHATZ GREGORY SPALINGER DAYTON WANDERSEE PO BOX 8532 PO BOX 2635 PO BOX 8516 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 WILLIAM R WATKINS PO BOX 2236 KODIAK, AK 99615 Public Comments - Page 11 of 40 J Public Hearing Item 7 -C P&Z - July 18, 2012 Current Location P & Z Case 13 -002 Notification Area Map Kodiak Island Borough/ Bob Scholze r 1 m $ r r� 4 I co 41 Q ~ 4011 �1 G , J� q 2 3 4 ' 7 w 9 39 ,s� A --, .. e d ti� �• 9y 3 9>0 9 3S J T ' Ilk � 130 . ... e a Kodiak Island Borough GIS N ... , Legend w ' F ^, g Feet I I 310 t 620 t 1 I 1,21I No 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 Comments - Page 12 of 40 Public Hearing Item 7 -C P &Z - July 18, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 June 6, 2012 Public Hearing Item 7 -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, July 18, 2012. 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: 13 -002 APPLICANT: Kodiak Island Borough AGENT: Bob Scholze, Resource Management Officer REQUEST: Planning & Zoning Commission review and recommendation, in accordance with KIBC 18.20.030, of the proposed disposal of up to thirteen (13) parcels of borough land totaling approximately 20.6 acres. LOCATION: Parcels are generally located in and around the City of Kodiak, Womens Bay and Chiniak. ZONING: R2- Two - family Residential; NU- Natural Usc; PL- Public Use Land; 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, July 3, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 - 9396 or you may email them to ssmith(rr�,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. One week prior to the regular meeting, on Wednesday, July 11, 2012, 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 Comments - Page 13 of 40 4 N Public Hearing Item 7 -C P &Z - July 18, 2012 PAIGE ANDERSON ETAL EDWARD GONDEK ALAN JUHLIN PO BOX 8892 PO BOX 1412 1059 PANAMAROFF CREEK DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK RENDEZVOUS, INC NANCY KRACKE ETAL CHARLES PITTS 11652 W. REZANOF DR PO BOX 2013 P.O. BOX 9038 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 FRANK E STEARNS TUNDRA PLUMBING & HEATING INC MICHAEL WELBORN 893 PANAMAROFF CREEK DR 859 PANAMAROFF CREEK CIRCLE PO BOX 634 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JEFFERY WELLBORN LORNE WHITE KODIAK ISLAND BOROUGH PO BOX 790 PO BOX 476 71.0 MILL BAY ROAD DILLON, MT 59725 KODIAK, AK 99615 KODIAK, AK 99615 Public Comments - Page 14 of 40 Public Hearing Item 7 -C P &Z - July 18, 2012 Current Location P & Z Case 13 -002 Kodiak Island Borough/ Notification Area Map Bob Scholze (i I O m C • 44 • , .t 11 0 N i 4 illr O o -0 r Cr e scurry R p J i lk ® � eREE Rc IIB6 a liti 13533 ry0 111 ® 0- 1 1 M1 if i N t,- Kodiak Island Borough GIS ;a " -i Legend w f�� E .n;Ali .; Feet) 0 330 660 1,320 ) I I I I r 1 t I ® Notification Area S This map was prepared from the Kodiak tsland 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 Comments - Page 15 of 40 Public Hearing Item 7 -C P &Z - July 18, 2012 Current Location P & Z Case 13 -002 Kodiak Island Borough! Notification Area Map Bob Scholze \\___7 71 N 0 V rg O i J K, ....„ o , r �j lo p c _, / z U� )� y b AL P m so07H J Rossi_ ''''' 72758 4. CREEK go 7 2667 O ry :2: 127`'a 1ry�o 7655 " v0 -1 89 1.2'119 N if; 27 O ; ^ 12761 2 9 O OP 2 n ti F 72g 737 ♦'2 1 :91 if ryc 0 n ti - Kodiak Island Borough GIS N .4.. - Legend w '44 ►' F A F:. t \ 1J t 66.(J t l f Notification Area I. f r f_ h 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 tT Department at (907) 986 -9333. Public Comments - Page 15 of 40 Public Hearing Item 7 -C P &Z - July 18, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 June 6, 2012 Public Hearing Item 7 -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, July 18, 2012. 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: 13 -002 APPLICANT: Kodiak Island Borough AGENT: Bob Scholze, Resource Management Officer REQUEST: Planning & Zoning Commission review and recommendation, in accordance with KIBC 18.20.030, of the proposed disposal of up to thirteen (13) parcels of borough land totaling approximately 20.6 acres. LOCATION: Parcels are generally located in and around the City of Kodiak, Womens Bay and Chiniak. ZONING: R2- Two - family Residential; NU- Natural Use; PL- Public Use Land; C- Con scrvation; 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 3, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 -9396 or you may email them to ssmith(n,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. One week prior to the regular meeting, on Wednesday, July 11, 2012, 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 Comments - Page 16 of 40 Public Hearing Item 7 -C P &Z - July 18, 2012 JOEY LINDBERG ERICK KEERINS CHARLES DORMAN ETAL 12740 MIDDLE BAY DR 3421 ED'S WAY 1410 ZENTNER ST KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 BRIAN HANSZ DAVID SALZER GLENN DICK 12749 MIDDLE BAY DR 12767 MIDDLE BAY DR 11879 MIDDLE BAY DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JOSEPH LEE CHRISTOPHER COONEY GARY PETERSON 12880 MIDDLE BAY DR 12825 MIDDLE BAY DR 12918 MIDDLE BAY DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 STEVE FRETS 12901 MIDDLE BAY DR KODIAK, AK 99615 Public Comments - Page 17 of 40 Public Hearing Item 7 -C P &Z - July 18, 2012 Current Location P & Z Case #13 -002 Notification Area Map Kodiak Island Borough/ Bob Scholze o° AP P SP g ) 441 pmp rri w 4,1* Kodiak Island Borough GIS Legend my Subject Parcel W E 50 Notification Area (_ t f 1 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 infomtation about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Public Comments - Page 18 of 40 1 Public Hearing Item 7 -C P &Z - July 18, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 June 6, 2012 Public Hearing Item 7 -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, July 18, 2012. 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: 13 -002 APPLICANT: Kodiak Island Borough AGENT: Bob Scholze, Resource Management Officer REQUEST: Planning & Zoning Commission review and recommendation, in accordance with KIBC 18.20.030, of the proposed disposal of up to thirteen (13) parcels of borough land totaling approximately 20.6 acres. LOCATION: Parcels are generally located in and around the City of Kodiak, Womens Bay and Chiniak. ZONING: R2- Two - family Residential; NU- Natural Use; PL- Public Use Land; 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, July 3, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 -9396 or you may email them to ssmith6 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. One week prior to the regular meeting, on Wednesday, July 11, 2012, 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 Comments - Page 19 of 40 Public Hearing Item 7 -C P &Z - July 18, 2012 KODIAK ISLAND BOROUGH RICHARD WOOD NELLIE TRAVIS 710 MILL BAY RD PO BOX 5535 P.O. BOX 5528 KODIAK, AK 99615 CHINIAK, AK 99615 CHINIAK, AK 99615 ROBERT MURPHY EDWIN H CHRISTMAN MARY BROWN 408 LILLY DR PO BOX SS 13 PO BOX 5574 KODIAK, AK 99615 CHINIAK, AK 99615 CHINIAK, AK 99615 ALANA TOUSIGNANT MARY SYMONOSKI P.O. BOX 5547 1517 LARCH Sr CHINIAK, AK 99615 KODIAK, AK 99615 Public Comments - Page 20 of 40 Public Hearing Item 7 -C P &Z - July 18, 2012 Womens Bay Service Area Board Regular Meeting Minutes Tuesday Jun. 05 2012. Call to Order: Dave Heuman called the meeting to order @ 7:07pm. Members Present: Dave Heuman, Dave Conrad, John Isadore, Brian Hansz, Dennis Hilsinger, George Lee. Members Excused: Jessica Horn. Guests: Kevin Arndt, (Contractor) Agenda Approval /Additions: D. Conrad added zoning case to Road Service New business, D. Heuman motioned to approve agenda, G. Lee seconded, passed unanimously. Agenda Approval/Additions: D. Conrad motioned to approve minutes from May 01 meeting, G. Lee seconded, passed unanimously. Citizens Comments: None Contractor Comments: K. Arndt noted that first round of pot holes and grading had been completed, and that next minor wet time they needed to grade and compact gravel roads. He also is waiting to hear from Brcchan Enterprises for calcium chloride to apply to Bells Flats road. Chair Budget Update: As of May 31 2012 KIB records show a $81K overage for snow removal and road maintenance, D. Heuman and D. Conrad questioned the accuracy of these figures and will request a detailed billing for WBSB from Nov 01 2011 to present. K. Ardnt stated he would provide his billing for the same time periods to compare with KIB accounting records to reconcile budget differences. Old Business Fire Department: • Tanker 23 repairs: No action, Village of Ouzinkic is seeking grants for new equipment, vise temporary equipment. • HUD Grant: No action from KIB as of yet. HUD Grant will remain valid until Dec 31 2013, • Credit card for Fire department small purchase: Pending Public Comments - Page 21 of 40 Public Hearing Item 7 -C P &Z - July 18, 2012 Old Business Road Service: • Nixon Ranch: Extension granted by KIB code enforcement will expire Jun 30 2012. • KEA Kalsin Rd: D. Hcuman wrote to KEA, and their reply was that they planned to start work last week ( May 29 but as of today no work had been started or accomplished. • FEMA Update: Project has been advertised and at least two bids have been received for Panamaroff creek culvert and bail out /settling pool. D. Conrad noted that KIB to purchase new culvert to be installed. • Lake Orbin Culvert Repair: Board received assurances from contractor that work would begin NLT Monday Jun 1 1 t h for a longer term repair to culvert crossing Lake Orbin Dr. This will still be considered a emergency repair. D. Conrad noted that to replace Lake Orbin Dr. and Bells Flats Rd. culverts will require new permitting and project design to satisfy AK F &G requirements; there may also be grants or special project funding available for anadromous streams. • Panamaroff Creek Culvert: see FEMA update. • Summer Work List: Contractors has work list from drive around inspection and WBSB board will prioritize items remaining at July meeting. New Business Fire Department: • Fire Department Brush truck needs emergency signals (lights and siren) electrical wiring repair, D. Conrad will arrange for repairs. • Fire Department will solicit for a new pickup truck this month to be acted upon with the 2012 budget allowance. New Business Road Service: • D. Conrad noted P &Z case # 13 -002 that WBSB needs to present to the KIB P &Z meeting that during considerations for land sales in service area, road construction is NOT a responsibility of the service board. Road construction should be platted to the land sale to be completed by the developer, or for KIB to add road construction for land sales onto the CIP (Capitol Improvement Projects) list. • J. Isadore noted that the WBSB should seek inclusion of major maintenance projects on the CIP list as well. D. Heuman will request Woody Koenig to come to a board meeting to educate the board on avenues to get WBSB projects on the CIP list. Board members comments: • G. Lee requested better grading on Bells Flats road. • J. Isadore noted that all gravel roads need better passes from the grader, and possible fill in problematic areas. • Board members discussed KEA's buried and non buried power lines throughout the service area. Next meeting Tues Jul 10 2012 7:00pm: Adjournment: Public Comments - Page 22 of 40 Public Hearing Item 7 -C P &Z - July 18, 2012 • 8:45pm D. Neuman motioned to adjourn, D. Hi!singcr seconded, motion passed unanimously. Chair Witness Public Comments - Page 23 of 40 Public Hearing Item 7 -C • k0 P &Z - July 18, 2012 U 7 \�ASN4P. MEMORANDUM TO: Kodiak Island Borough Planning and Zoning Commission CC: Bud Cassidy, Interim Borough Manager Bob Scholze, Borough Resource Management Officer FROM: Aimee Kniaziowski, City Mariagyry// DATE: June 25, 2012 � JWW RE: Planning and Zoning Case 13 -002, Proposed Disposal of Up to 13 Parcels of Borough Land Totaling Approximately 20.6 acres This memo is the City's response to the Community Development Department's two Public Hearing Notices on the above names case, received by the City on June 11, 2012. Parcels #1 and #2 adjacent to Beaver Lake and Beaver Lake Loop: The City does not have information on available capacity at the lift station on Beaver Lake Loop, or whether the lift station on Selief could handle an estimated addition of 30 to 50 homes, assuming parcel # 1 was developed in the same way as the area across the street. We believe the water system is capable of handling the service to the additional lots. However, the City will require the developer to be responsible for sewer and water system upgrades to enable the system to adequately handle the new residences. Parcel # 4 at the end of Murphy Way: An extension to Murphy Way and the public utilities is possible to meet requirements to develop this parcel. It may take a lift station or the use of a pressure sewer system to develop this section. Depending on the subdivision, the developer may need to do some downstream sewer capacity study if more than 6 home sites are added in this parcel. The developer would also need to be responsible to design and build the road extension, including curb, gutter, and sidewalk to City standards in order to transfer ownership. Parcel # 5: This parcel does not currently have access to public utilities. Utilities should be able to be extended from either end of Woody Way Loop. Sewer would be easiest if it went to the south and water would be most accessible to the north. The developer of this parcel would be required to provide utility extensions developed to City standards. Lots #1, #2, and #3 adjacent to Woody Way Loop: Water is available to these lots, but the sewer will need to be extended, according to the asbuilt drawings for Woody Way Loop. Public Comments - Page 24 of 40 Public Hearing Item 7 -C P &Z - July 18, 2012_ KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 4 710 Mill Bay Road 8odiak, Alaska 99615 I • /, 7p2 tea, June 6, 2012 Public:Heartn'g t PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, July 18, 2012. The meeting will begin at 6:30'p:m..iri: 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: 13 -002 APPLICANT: Kodiak Island Borough AGENT: Bob Scholze, Resource Management Officer REQUEST: Planning & Zoning Commission review and recommendation, in accordance with KIBC 18.20.030, of the proposed disposal of up to thirteen (13) parcels of borough land totaling approximately 20.6 acres. LOCATION: Parcels arc generally located in and around the City of Kodiak, Womens Bay and Chiniak. ZONING: R2- Two - family Residential; NU- Natural Use; PL- Public Use Land; 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. July 3, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 - 9396 or you may email them to ssmithNkodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday. July 11, 2012, 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 ou have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. try r tLoa/A � Your Name: Ai MFG {' 1tJ//iiwct2 t/ Mailing Address: 770 /1/6c eel/ Your property description: �py Comments: V r° ,,t �C' -iP Public Comments - Page 25 of 40 , / . ------,- - . ...• 4 . kir.........„1. ;,,, 4 ,, 6 la r, T . L a..-.' •„ " ,:rel 1** .t,..."* *,* Lf,,,fiSIC-****-73.,. 74 Utt.:3 , :174-7-: II i.4111r,: 44-7,.. /4g-,-;---:-.,:,-Z - -rs •43/44,..",:'‘ii '.,/ re\z..7- ,,,e..../,,--...,"i.. 3,,,,,-t , ____,_„_., nr‘ k ce il- 0 \ -7-C -" ! . 5 , - - - - '" c . '4-- 04: .,. tol isu r * A C• 4---,z4,._ j 7 1 . ,,,o‘ a ;,(: . " L ..,--,: ..,.. 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Public Hearing.ltem,q,zC P &Z - July c18? 2012 ' o ' KODIAK ISLAND BOROUGH j ~ 4 ✓Up COMMUNITY DEVELOPMENT DEPARTMENT •.> ;°c j to 710 Mill Bay Road, Kodiak, Alaska 99615 O er (907) 486 -9363 June 6, 2012 Public Hearing Item 7C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, July 18, 2012. 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: 13 - 002 APPLICANT: Kodiak Island Borough AGENT: Bob Scholze, Resource Management Officer REQUEST: Planning & Zoning Commission review and recommendation, in accordance with KIBC 18.20.030, of the proposed disposal of up to thirteen (13) parcels of borough land totaling approximately 20.6 acres. LOCATION: Parcels are generally located in and around the City of Kodiak. Womens Bay and Chiniak. ZONING: R2- Two - family Residential; NU- Natural Use; PL- Public Use Land; 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 contents in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, July 3, 2012 to be considered by. the.commission. If you would like to fax your comments to us, our fax number is: (907) 486 - 9396 or you may email them to ssmithAkodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday, July 1 I, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#12I), to review the packet material for the case. 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Kodiak Island Borough GIS ' r # This map is provided for planning p 0 0 0 nly. ot ns ute a survey. 1') 4 .40, 4 160 240 320 This data reflects survey data, but d oe s 1 rwrin...— ---, a Feet r i - *et http ://www. kod iakak.usig is (907) 486-9333 ' ' - --_'• j " • ft•Il Public Hearing Item 7 -C P &Z - July 18, 2012 Duane Dvorak From: Dave Conrad Sent: Tuesday, July 03, 2012 3:50 PM To: Robert Scholze; David.E.Heuman @uscg.mil Cc: Duane Dvorak; Sheila Smith; btucker @kodiakak.us Subject: RE: WB road extensions related to proposed disposals (Case 13 -002) Bob per our conversation earlier I did speak with Dave Neuman and I agree that the minutes do not exactly address the issues at hand. So for the sake of clarity please accept this email as a representation of the discussion held by the Womens Bay Service Area Board regarding land sale and road extensions in our service area. Both areas are indeed outside the service area boundaries which would require that change. Our service area had attempted to modify the boundary at the Panamaroff location in the past however other important items took precedence at an election and this issue was put on the shelf. The existing extension from the service area boundary is an alternate route out of the South Russian Creek side of the Flats and we were asking for that to be included therefore we could provide minimal maintenance to allow this access to remain viable. Last year this area had cable gates and stations installed which the fire department controls the key so in essence the desire has been granted to the local area for use of this road section in an emergency. We have no issues with lots being sold in the two locations proposed however we question the service area having to bear the cost to upgrade or construct road sections. It is our understanding that service areas are required to maintain and repair existing infrastructure not construct or upgrade to a newer standard because of a land sale. In most cases this cost for access would be borne by the developer or land owner. In both cases the board does agree that certain current situations could be eliminated however the cost issue is the primary reason for concern as it relates to these possible land sales. These properties could be purchased and not developed for years or not at all and therefore would generate minimal tax dollars to repay an investment if the service area could fund this type of road upgrade. If you require additional information please contact me at your convenience. Thank you. From: Robert Scholze Sent: Friday, June 29, 2012 1:19 PM To: David.E.Heuman@uscg.mil; Dave Conrad Cc: Duane Dvorak; Sheila Smith Subject: WB road extensions related to proposed disposals (Case 13-002) Dave and Dave: Got the June Service Area Board June minutes... I will pass on to Community Development for inclusion as applies to this case. When we talked about this last month at the Bayside Fire Station, I think the consensus was that the Road Service District would be in favor of extensions existing roads in both these cases (Panamaroff Creek Dr. for potential alternative emergency access to Chiniak Hwy., and Middle Bay Dr. for better school bus turn - around design). If you could confirm this, either in writing or in person, that might help. Would also require expansion of the Road Service Area boundary. Deadline for written comment is July 2n to be included in the packet for P &Z review. Meetings are July 11 (packet review) and July 18 (public hearing) at 6:30 pm. Thanks, Public Comments - Page 29 of 40 Public Hearing Item 7 -C P &Z - July 18, 2012 • otw!ovr' Duncan Fields P.O. Box 25 JUN 2 0 2012 J Kodiak, AK 99615 COMMUNITY OEVH June 13, 2012 D1Utrf DFPARIMUIT KIB Planning Dept. 710 Mill Bay Rd. Kodiak, AK 99615 RE: Case 13 -002 Dear Sir or Madam, I support the sale of parcels 1 & 2 in the Beaver Lk./ Dark Lk. area. However, as I review this disposal request I would recommend that Lot 1 be reconfigured to allow an additional 50' or so buffer for a park or playground on the N. end where it abuts Von Scheele. Also, I would question why a third parcel between number 1 and number 2 is not surveyed. The photo looks like the area could provide one or two good building lots right on the lake a public easement for lake access should be part of the development plan. I support the apparent change in road right of way indicated by may adjacent to Rezanof. However, the front of this sheet doesn't seem to correspond with the map on the back....lf there is a disposal parcel, as stated in the front, it is not designated on the back. I strongly object to KIB selling parcels 4 and 5 abutting the base ball /soccer field by the KANA building and I think it unwise to sell parcels 1,2 & 3 in this area. This is a public area and should be held for public use and future development for public purposes. I could envision a school here (as was once planned), or possible expansion of the Kodiak College Campus, or additional recreational facilities, or municipal buildings... perhaps a new KIB office building. In other words, it is short sighted and reflective of poor long term community planning to consider selling these parcels. Keep this area as a public purpose area If you have any further questions regarding my comments on the proposed actions, please contact me. ery ly yours, r � �rts / D ncan Field Public Comments - Page 30 of 40 Public Hearing Item 7 -C P &Z - July 18, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486 -9363 June 6, 2012 Public Hearing Item 7 -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, July 18, 2012. 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: 13 -002 APPLICANT: Kodiak Island Borough • - AGENT: Bob Scholze, Resource Management Officer REQUEST: Planning & Zoning Commission review and recommendation, in accordance with KIBC 18.20.030, of the proposed disposal of up to thirteen (13) parcels of borough land totaling approximately 20.6 acres. LOCATION: Parcels are generally located in and around the City of Kodiak, Womens Bay and Chiniak. ZONING: R2- Two - family Residential; NU- Natural Use; PL- Public Use Land; 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 recei4ed.bv 5 tini; Tidy 3. 2012 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 then to ssmithAkodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday, July 11, 2012, 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. Vour Name: s . tic Mailing Address: Your property description: Comments: p yn 4/4, • Public Comments - Page 31 of 40 Public Hearing Item 7-C P&Z - July 18, 2012 — irectrrxt . i • - — •:, ' 3 -,. A .4 4 ' t'irtilltalC:4. ( " l ei; ‘. fi rb • ti , . of c0 •A;44,1.1 , . " '-7 • ; ' .. • 4 ...,..“ A.: V4 V- " V 1, - ?, i 0- 1" - •A, ,1".}: t 4 7, 4 q f itiAl;" cf 4 ' ' I t ' b- cu - 0.; 4 ' ii.. a, • tt....-: • : "';4 1 . A -s ' tte t • . tqf •:. /0- ' :I, 0 %,,,-(a't V `. ',„' - 4 \ . ' • V, Yliftlik .'!, \*• 9 t"'s,4, • ,‘y t .ei _,,....•.44, 4 ..,ss .4,, ; 1, \ kirs..i.A.91,but:t- ,1 4 \ r ‘ 7 1f . "ig t i . : .. Pty . , ,--- i 1 ., ' ■,,,A, 24Q q ' •)!t " ' N 2 • ; :-..„ ...ra ' it,_ • ' :4,,,,,<" ., ic t. -%, 0 N I/ : 4tazt.-:.-.r I / .,A & , .< , :t" 4jri ilifVfrit - :' 4i:it:J.'. ' . \''',,, ‘c''. ; 't; •::;',1* vl. ,Y, l 'A 't;L: i 1 :,, - .5 INIMi .7‘. - s r ; ,..,1 71,, 4 ' 4,,...... .I, .t i . n l ' 't I. : 0- 4N 4 t ? IV * . :1C1.1" ' . 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I''' ,4 •1 tti ' - 0 • - • .3,-,;•>• :4 . ;,:•,-- ,• , Z) .: . ,....- -.; -t1- ; t ---• 4 1 • 1- - - • ; ; I . . — .,.,. ,' , , ; -, - ; • 1 co , , . , „ = ..... . c o . -,, ('-i' ou. • 4 ...., v • / 4 0 ICY3 d if) 1 01 1 kl, - . , • i .,,---!. L A . 'tj i ' • . C -, '. [ 4. , -, , /,.; ,, - - ,17,;;; , .. / - = 0' 4 ow ‘9 . -' • , . . , - ' - • / 1 . ) / ----; -:::....71 Public Comments - Page 32 of 40 Public Hearing Item 7 -C P &Z - July 18, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486 -9363 June 6, 2012 Public Hearing Item 7 -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, July 18, 2012. 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: 13 -002 APPLICANT: Kodiak Island Borough AGENT: Bob Scholze, Resource Management Officer REQUEST: Planning & Zoning Commission review and recommendation, in accordance with KIBC 18.20.030, of the proposed disposal of up to thirteen (13) parcels of borough land totaling approximately 20.6 acres. LOCATION: Parcels are generally located in and around the City of Kodiak, Womens Bay and Chiniak. ZONING: R2- Two - family Residential; NU- Natural Use: PL- Public Use Land; 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,. July 3, 2012 to be considered liv the conunission. If you would like to fax your comments to us, our fax number is: (907) 486 -9396 or you may email them 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. One week prior to the regular meeting, on Wednesday, July 11, 2012, 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 -9361 /r7�� /// Your `lame: EslA- s/f.QM- ,�iw/(r Mailing Address: Your property description: Comments: ! fit, Public Comments - Page 33 of 40 ec � 1 / / .� y ,,,e'; I. , t 4s f • ,—:as ,t; ` � ': ` � i�? . 4 y ^ -i..e I • i y }n y � . N �y t� tna Farnily�lZes a d ." tt t 7r li +. . , � k- .. - "" : . , WOODY <WAYILOOP Lot?�1 3 square f t eet' o� , t C C %;1 t a f . q ,. x`- - -" o t �, 1 ,•' - ;'F. �. ( O t 3.� :. e( IL • '; &'q �, ° i t . 4/ d r '/ . ' 4 . .. / ` u , - " 'J " r , ., -.L' =-3 x r` I.! j Lot 10 8 , 8 5 square' f eet J �� i t-� J/} , � t �Lt�S95393fs 'Js F} , „, ,4 } •� ! = j`R T✓ Y.._ , r ._ ,r ;r 'II?' 4 d -'Z --r rfi i $ C "•r K Y'Y % "'A • ' ' • , 9 /` .V4; ' . 4 7 i xxx 4v d�' 4 �.. , , Y �"r I � Y i h ��yy > 'W �u". Y i � 3j� } ' • X 'w2`�'�>v. 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"'f t s l� ti ' , Y .. •, ''N, � w 1. r- b t . . ^ � , F k!� f ?� ,� >.� 0) } y , :i.. \y \\ I r /d / vi-11. .' ' t '+ ; / E 1 % i � ` ` "� y J ',' , _ „t" /. .3 ' ....,r' f . / +rO.:�'w • ! ; 'A:i .a N E Er liS 0 70 140 280 420 Kodiak Island Borough GIS Feet • http://www.kodiakak.us/gis (907) 486-9333 This map is provided for planning purposes only. n This data reflects survey data. but does not constitute a survey. 1 Public Hearing Item 7 -C P &Z - July 18, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak Alaska 99615 (907) 486-9363 June 6, 2012 Public Hearing Item 7 -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, July 18, 2012. 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.conunents if any; on the following request: CASE: 13 -002 APPLICANT: Kodiak Island Borough AGENT: Bob Scholze, Resource Management Officer REQUEST: Planning & Zoning Commission review and recommendation, in accordance with KIBC 18.20.030, of the proposed disposal of up to thirteen (13) parcels of borough land totaling approximately 20.6 acres. LOCATION: Parcels are generally located in and around the City of Kodiak, Womens Bay and Chiniak. ZONING: R2- Two - family Residential; NU- Natural Use; PL- Publi• Use Land; 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 um, July 3, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 -9396 or you may email them to ssmith Skodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday, July 11, 2012, 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: (PJ44 Lm reds Mailing Address: Your property description: / Comments: t / y/ • Public Comments - Page 35 of 40 r •- ' [rr % I ` 1 F •'. "v 1 'rye 1-1,,,,,,i 14.1 1. 4 P. ,.t r�i• (( • .y ` I � i i •') , -- . x ,11 is . L a n 1 d' �..� N --- , i rr :4. I, .- .,r a, `square feet v _ � - » " c Q ' / A.. p „ Existing Road u s t r i ri k { { " 1 *t .,.+V ` i� `t it as r r , � ' , y ..., 41/4 4 i " #X _ rho a r ` ea CO +r 164: V F r ASH Z . . 1 i ;. 0 i - w` Tr - f / ( ;�._+ic , t y fi y:.t ;?� 90 C x _1 -, I tn- S / • ' .J "Y �: it A . •.: .r' "�si. W M.i ., 6�:I,J L' ' r i4 • •'. 1 � CO V 0 20 40 80 120 "" KodiakIsland Borough GIS "' Y Feet '" http:l /www,kodiakak.USlgis (907) 486-9333 This map is provitletl for planning purposes only N 3 This data re, ects survey data, but does not constitute a survey V n Public Hearing Item 7 -C P &Z - July 18, 2012 Regarding Case: 13 -002 Since 19901 have resided on adjoining property to the proposed lots referenced in Public Hearing Notice Case 13 -002 dated June 6, 2012. I respectfully request the Planning and Zoning Commission's reconsideration of the proposed area shown and designated as three lots on Public Hearing Notice Case 13 -002. The area shown is not feasible since proposed Lots I and 2 drain into Lot 3, which is wetland and supports salmon fry. As wetland, Lot 3 would require considerable fill if the Corp of Engineers allowed for building and provide challenges for a viable septic. Additionally, under Kodiak Island Borough Code 17.50.080- Setbacks from Property Lines, Section B. "Setbacks from Anadromous Fish Water Bodies: 1. There is a required setback...of 50 feet from the vegetation of anadromous fish water bodies...," which may also need to be considered. The proposed Lots 1 & 2 are not wetland, but do have heavy drainage on the upper portion and through portions of the property as small streams when we have our rain storms. Lot 1 and 2 as proposed appear to be fairly narrow which questions whether they meet Borough zoning requirements for lot width as written in Chapter 17.50 Conservation District, under 17 -50- 050 -Area Requirements, Section B. "Lot Width: The minimum lot width required is 250 feet." In order for road access to the proposed lots, Kodiak Island Borough would need to install a road by increasing the size of what is designated as a "trail" on the maps. By widening the "trail" to be a "road" there will be infringement on a stream that supports salmon. Traffic and potential drainage problems need to be addressed as stated in Chapter 16.40 Preliminary Plat, under 16.40.050 "The Following May Need to be Considered: 1. Adequacy of Access for Additional Traffic Volume ... 3. Potential Drainage Problems." Additionally, there currently is no power available past my home which is located several hundred feet from proposed Lot 1. I request the proposed parcels be reviewed as to road access in close proximity to an anadromous stream and their feasibility as home sites, considering the lay of the land, the water issues, the fish bearing creek, and the wetlands. Perhaps Kodiak Island Borough would also consider releasing some of their property near Jack Lakes that has a road and maybe power available for the lower lots, sometime in the future. Thank you for your consideration of my comments. Sincerely, Nancy Kracke P.O. Box 2013 Kodiak, Alaska 99615 (907) 487 -2311 Public Comments - Page 37 of 40 Public Hearing Item 7 -C P &Z - July 18, 2012 D 0 V1 K ISLAND BOROUGH COMMUNITY EVELOPMENT DEPARTMENT JUN 2 2 2012 ' `e' dl Bay Road, Kodiak, Alaska 99615 (907) 486 -9363 June 6, 2012 Public Hearing Item 7 -C COMMUNI1Y DEVELOPCDI p HEARING NOTICE A public hearing will be held on Wednesday, July 18, 2012. 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: 13 - 002 APPLICANT: Kodiak Island Borough AGENT: Bob Scholze, Resource Management Officer REQUEST: Planning & Zoning Commission review and recommendation, in accordance with KIBC 18.20.030, of the proposed disposal of up to thirteen (13) parcels of borough !and totaling approximately 20.6 acres. LOCATION: Parcels are generally located in and around the City of Kodiak, Womens Bay and Chiniak. ZONING: R2- Two - family Residential; NU- Natural Use; PL- Public Use Land; 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, July 3, 2012 to be considered bv-the commission. If you would like to fax your comments to us, our fax number is: (907) 486 - 9396 or you may email them to ssmith(n,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. One week prior to the regular meeting, on Wednesday, July 11, 2012, 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 callus at 486 -9363. Pro '�}�(/ Q / J '7 Your Name:PC c y / rG I) I ter Mailing Address:; /i-> p 5cf q r /qCC ifice )L[ Your property description: e1rLL n, /3Qr Comments: I C ne l•s PO J 6 kr/0“/ 1� y r. O Qt.,4rG /7 441 1 L f( �(j,J /e Ids- Res-der P,e,/ is cold 7 .Z'S /1l,1J S La / i h it t /sy /t>>n iv d • f 4_1 !_ ,LS • /2 t- er4 1 G / 1(27 /tiro,. 14 I,o4 /2 41/ - io 4 . Ch» - 90 Yl!(t • in ,' riizi , 4 I .r,,✓ , , % g,6 ( � '✓1 `4 o, • ,d 1 Tn , / on. el" l a r41 /! Jr( r< iff 1 • i`F 6 �f e, -C6,1 � n ` kin •4 5 d f . At ro . . 5 : k s t)11 Public Comments - Page 38 of 40 Public Hearing Item 7 -C Comments not receieved by published rs &liJ 18, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 June 6, 2012 Public Hearing Item 7 -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, July 18, 2012. The meeting will be 'n at 30p ii. if Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the i I a r t Planning and Zoning Commission, to hear comments if any, on the following req CASE: • 13 -002 APPLICANT: Kodiak Island Borough JUL - 6 2012 AGENT: Bob Scholze, Resource Management Officer REQUEST: Planning & Zoning Commission review and recommendation in ace t • t p KIBC 18.20.030, of the proposed disposal of up to thirteen (� � . 'P . sit ' EPARTh4ENf land totaling approximately 20.6 acres. LOCATION: Parcels are generally located in and around the City of Kodiak, Womens Bay and Chiniak. ZONING: R2- Two - family Residential; NU- Natural Use; PL- Public Use Land; 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 continents in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, July 3, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 -9396 or you may email them to ssmith(a,kbdiakak,us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday, July 11, 2012, 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 Commissions 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. 4:5 1 Triune Your Name:\ ('� 1‘ bteS Z Y , 11p-7_„ Ma ilin �� 13r Mailing Address: I�Gtt�. 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G I lq- t3 + N � \ Fr - . r rr( t.x V• a� si n c `Fl `t\.\ �s,:rti. . 4 r rn P co g .,.# c I . .T }t NI M *, .,. • eeti � µ Vl, y �` r c < ` 1 ? 'R ,, {� �' r oavl' 4 1J.° t+ N : !-.. ' ,Y, � ' t 1 b4; y ) . i f ,, r .:q�a + a lT / , y ao ,, a . { R }Ci t , N if !!! ( X y eta`! O a " �......,.in_$tq_. . r s - i } ` L ' s � 7r r ti 'S ' A+. ' . r : v t .n -*'-'. 666 `� � p • f� , � °f' I N . .t.ee .. ' u .n - 1 a � fruitost.''�r. , . „(q V ° 70 140 280 420 4-t...,., Kodiak Island Borough GIS h Feet http:l /www.kodiakak.us /gis (907) 486 -9333 This map is provided for planning purposes only. This data reflects survey data, but does not const a survey. ,tv{ - , KODIAK ISLAND BOROUGH ttt i AGENDA STATEMENT t % ., REGULAR MEETING OF: SEPTEMBER 6, 2012 ITEM NO.: 13.C.1 TITLE: Ordinance No. FY2013 -02 Rezone of Lot 25A, Block 7, Leite Addition from R1- Single Family Residential to R3- Multifamily Residential (Case 13 -001, Wittenbrader). o. ORIGINATOR: Community Development Director FISCAL IMPACT: ❑ Yes $ or ❑ No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance No. FY2013 -02, P &Z Minutes, Results Letter, and Case 13 -001 Packet APPROVAL FOR AGENDA: I _ .. S SUMMARY STATEMENT: Lot 25A is larger, by area and width, than most of the other lots in Block 7, Leite Addition. All but three lots in the block are already zoned R3- Multifamily Residential and the block shares an extensive platting history. Lot 25A is somewhat constrained by limitations on access so it may not be able to take full advantage of the R3 zoning, but it could still benefit from additional development options in the R3 zone which are not currently available in the R1 zoning district. The Commission held a public hearing on this request and found the request is consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. • KIBC 17.205.55(6) also requires the Assembly to be notified by the Commission of its actions and its findings. Staff recommends that the Assembly uphold the decision of the Planning and Zoning Commission and adopt this motion. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2013 -02 in first reading to advance to public hearing at the next regular Assembly meeting. Kodiak Island Borough Page 1 of 1 1 Introduced by: Administrative Official Requested by: CDD Acting Director 2 Drafted by: CDD Acting Director Introduced on: 09/06/2012 Adopted on: 3 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2013 -02 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 9 APPROVING A REZONE FOR LOT 25A, BLOCK 7 LEITE ADDITION FROM R1- 10 SINGLE - FAMILY RESIDENTIAL TO R3- MULTIFAMILY RESIDENTIAL 11 (P &Z CASE 13 -001, WITTENBRADER) 12 13 WHEREAS, the property owner has petitioned for a more flexible residential zoning for 14 Lot 25A, Block 7, Leite Addition in order to enjoy the potential for uses allowed in the 15 balance of Block 7, which is located in the R3- Multifamily Residential zoning district; and 16 WHEREAS, Lot 25A substantially abuts the R3 zone on one side of the lot and shares 17 an extensive platting history with the balance of Block 7, Leite Addition; and 18 WHEREAS, Lot 25A has more upland area than most of the lots in the remainder of 19 Block 7, however it also has some access restrictions which may restrict the property from 20 many of the uses the R3 zone has to offer without the site being able to provide for 21 concurrent two -way traffic into and out of the site; and 22 WHEREAS, the Planning and Zoning Commission held a properly noticed public hearing 23 on this request and is recommending that the Assembly find that a rezone of Lot 25A, 24 Block 7, Leite Addition from R1- Single Family Residential to R3- Multifamily Residential is in 25 keeping with the guidance and objectives of the 2008 Comprehensive Plan. 26 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 27 BOROUGH that the following parcel shall be rezoned from R1- Single Family Residential to 28 R3- Multifamily Residential as follows: 29 Section 1: This ordinance is not of general application and shall not be codified 30 Section 2: Lot 25A, Block 7, Leite Addition is hereby rezoned from R1- Single Family 31 Residential to R3- Multifamily Residential. 32 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission 33 are hereby confirmed as follows: 34 17.205.020 A. Findings as to need and justification for a change or amendments 35 Lot 25A abuts an existing R3 zoning district and it has sufficient developable uplands to 36 sustain many of the uses permitted in the R3 zoning district. The site is suitable or can be 37 made suitable for increased density of development with some limitations due to the nature 38 and width of the access easement access to the site which is 15 feet wide. 39 40 17.205.020 B. Findings as to the effect a change or amendment would have on the 41 objectives of the comprehensive plan Kodiak Island Borough Resolution No. FY2013 -02 Page 1 of 2 42 The 2008 Kodiak Island Borough Comprehensive Plan Update provides a flexible standard 43 for Urban Residential uses which relies substantially on practical lot considerations and 44 neighborhood character rather than specific density recommendations. In this regard the 45 request is consistent with the objectives of the comprehensive plan. 46 47 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 48 THIS DAY OF , 2012 49 50 KODIAK ISLAND BOROUGH 51 52 53 54 55 ATTEST: Jerome M. Selby, Borough Mayor 56 57 58 59 60 Nova M. Javier, MMC, Borough Clerk 61 Kodiak Island Borough Resolution No. FY2013 -02 Page 2 of 2 Kodiak Island Borough 1 // ConznzunityDevelopment Department / `� 4 710 Mill Bay Road „ _ % Kodiak, Alaska 99615 , o c a Phone (907) 486 -9363 Fax (907) 486-9396 www.kodiakak.us July 19, 2012 Jill Wittenbrader 506 Marine Way, Suite 3 Kodiak, AK 99615 Re: Case 13 - 001, Request for a rezone, according to KIBC 17.205, to investigate a change of zoning for Lot 25A, Block 7, Leite Addition, from Rl- Single - family Residential to.,R3- Multi- family Residential. Dear Ms. Wittenbrader: The Kodiak Island Borough Planning & Zoning Commission at their meeting on July 18, 2012 moved to forward the request cited above, recommending approval, to the Borough Assembly. Please contact the Borough Clerk's Office at 486 -9310 for information on when your case will be scheduled for a first reading and public hearing before the Assembly. KIBC 17.205.055 (Submission to assembly) of the Borough Code states: A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.205.070, by the borough clerk. The commission adopted the following findings of fact in support of their recommendation to the assembly: FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. Lot 25A abuts an existing R3 zoning district and it has sufficient developable uplands to sustain many of the uses permitted in the R3 zoning district. The site is suitable or can be made suitable for increased density of development with some limitations due to the nature and width of the access easement access to the site which is 15 feet wide. t 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 2008 Kodiak Island Borough Comprehensive Plan Update provides a flexible' standard' for Urban Residential uses which relies substantially on practical lot considerations and neighborhood character rather than specific density recommendations. In this regard the request is consistent with the objectives of the comprehensive plan. Should this rezone be approved by the Kodiak Island Borough Assembly, you will still need to obtain permits for any construction activities. If you have any questions about the action of the commission, please contact the Community Development Department at 486 -9363. Sinter' y, Duane Dvorak, Acting Director CC: Nova Javier, Borough Clerk Preliminary approval of the creation of a 20 foot access easement across Tract A, U.S. Survey 3463 which was approved for disposal of a 30 foot non - exclusive access easement across borough land in prior Case 07 -022; and, Preliminary approval of the replat of a 20 foot utility easement centered on the north and west perimeter boundary lines creating a 20 foot access and utility easement. The applicant is Duncan Fields and the agent is St. Denny Surveying. The location is 584, 610, and 642 Lilly Drive and the zoning is R2- Two - family Residential Dvorak reported 69 public hearing notices were sent out related to this request with 2 responses in opposition returned. There were also several review agencies expressing various concerns with the designs of the subdivision and lots that would be created. The lots appear to meet the minimum lot size and width requirements but because of topography, restrictions on access, incomplete utility information, and parts of the application that would change access status on borough land which wasn't part of the original disposal. Staff recommended denial based on some of these concerns. COMMISSIONER SCHMITT MOVED to grant preliminary approval, according to KIBC 16.40, of the subdivision of Lots 1A, 1.B and 2A, Block 6, Miller Point Subdivision First Addition, creating Lots lA -1, 1A -2, 1B -1, 1B -2, 2A -1 and 2A -2, Block 6, Miller Point Alaska Subdivision; and, Preliminary approval of the creation of a 20 foot access easement across Tract A, U.S. Survey 3463 which was approved for disposal of a 30 foot non - exclusive access easement across borough land in prior Case 07 -022; and, Preliminary approval of the replat of a 20 foot utility easement centered on the north and west perimeter boundary lines creating a 20 foot access and utility easement. The public hearing was opened & closed: There was no public testimony. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY COMMISSIONER VINBERG MOVED to adopt the findings in that staff report dated July 6, 2012 as "Findings of Fact" for case S13 -001 in support of the commission's denial. FINDINGS OF FACT 1. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. 2. This plat does not meet the requirements of Title 15 of the Borough Code. 3. This plat does not meet the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 4. This plat meets all the requirements of Title 17 of the Borough Code. 5. This plat relies upon a misinterpretation of prior Borough approval of a property interest disposal (access easement). ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) Case 13 -001. Request a Rezone, according to K1BC 17.205, to investigate a change the zoning for Lot 25A, Block 7, Leite Addition from R1- Single - family Residential to R3- Multi- family Residential; and, A Conditional Use Permit (CUP), according to KIBC 17.200, in order to permit a 2 guest room Bed & Breakfast within an existing single - family dwelling. The applicant is Jill Wittenbrader. The location is 1315 Kouskov Street and the zoning is Hl- Single - family Residential. Dvorak reported 73 public hearing notices were sent out relating to this request with one 7/18/2012 Page 2 of 12 P &Z Minutes comment in opposition returned. The request is comprised of two separate reviews in one case; the rezone which relies on a couple of findings. Because so much of the property hangs over a high bank over the tideland the property does have restrictions on access and it will still be limited in what they can do with the R3 zoning if the rezone is approved. Staff believes it is consistent with the Comp Plan in either zone and staff recommends approval with a favorable recommendation to forward to the Assembly. Regarding the CUP, the property owner has plans to operate a Bed & Breakfast for up to two guest rooms that requires one additional off street parking space. They have provided a site plan that shows four off street parking spaces but we would want to see a more accurate depiction of that. Staff did a site visit and it appears that this could be accommodated but it will place certain limitations on the property. Staff recommended approval with three stipulations. COMMISSIONER VAHL MOVED to recommend the rezone of Lot 25A, Block 7, Leite Addition, from R1- Single Family Residential to R3- Multi- family Residential and forward this case to the borough assembly with a recommendation for approval, and to adopt the findings contained in the staff report dated June 27, 2012 as Findings of Fact for this case. The public hearing was opened & closed: There was no public testimony. Brief discussion. FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. Lot 25A abuts an existing R3 zoning district and it has sufficient developable uplands to sustain many of the uses permitted in the R3 zoning district. The site is suitable or can be made suitable for increased density of development with some limitations due to the nature and width of the access easement access to the site which is 15 feet wide. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Obiectives of the Comprehensive Plan. The 2008 Kodiak Island Borough Comprehensive Plan Update provides a flexible standard for Urban Residential uses which relies substantially on practical lot considerations and neighborhood character rather than specific density recommendations. In this regard the request is consistent with the objectives of the comprehensive plan. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER WATKINS MOVED to grant a conditional use permit (CUP), according to KIBC 17.25.030, 17,75.030.0 and 17.200 (Conditional Use Permits), to allow a Bed and Breakfast (B &B) with a maximum of two (2) guest rooms to be rented out, subject to the stipulations contained in the staff report dated June 27, 2012, and to adopt the findings therein as FINDINGS OF FACT for this case. In response to COMMISSIONER VAHL'S inquiry regarding the CUP, if the property does get rezoned to R3 would the conditional use permit be required, Duane stated the stipulations would be effective on the conditional use permit so long as it's permitted under this original. With the R3 zoning they could request a three guest room B &B and we would review it as a new application but it wouldn't require a CUP at that point. They would still need to present the zoning compliance permit and go through the permitting process that we're suggesting in the stipulations here so that we would still review this for adequate off street parking and maneuvering. We are cognizant of the limitations of access and we probably wouldn't permit a multi - family residential or professional office. 7/18/2012 Page 3 of 12 P &Z Minutes Public Hearing Item P &Z - July 18, 2012 Request: rezone, ac-cording Request &rezone, according ficAIIIDgUnin investigate& @Igiff@Ra Location change CO zoning tifl Block 77 Ile%Addition from PE•3IIC € 13 -001 Rd.- Single - family Residential Qp Rt3- Multi - family Residential; I & conditional f1(�- Permit (CUP), according aDGECO I: Agent: JOil Wittenbrader order permit © guest room Bed Breakfast ordergED pe mi 62 gues room Bed CI Breakfast Sail existing single - family dwelling. I ' ,+ y r y " gy p Yey" d x Ai , . r t t' ! : is � C11 ` D' M �' ^ �" .. 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More Information about the mappng data can be obtained by contacting the Kodiak Island Borough IT Department at (90]) 486 -9333 Introduction - Page 1 of 6 Public Hearing Item P &Z - July 18, 2012 O D \ V O S‘' 0 O O O O k \C\ Introduction - Page 2 of 6 Public Hearing Item P &Z - July 18, 2012 o Kodia Island Borough Zoning Map -.�� pi ° ��4 Co mmunity Development Department Request: A r ezone, according OD= nD t) investigate p @name Zoning change co zoningtear Block WO@ Addition o7"tiu Rd- Single- family Residential t) R3- Multi- family Residential; Egri paR@f@ge 13 -0011 A Gonditional UM Permit (.GUP), according lb c okra h Agent: JOil Wittenbrader order permit ©2 guest room Bed l Breakfast SEGO existing single - family dwelling. I 1 P 6 i t 40 410P4 . • S b . „0..1 1 - 411P% ' . 1 1V . l k, \ 0 . l io 9 _, et, , 1 ,,..101* st4A 4 0 1% 7 /0 41 . 1/4. oi. c, . *st ir svi ..:10 ,4 11 ,7 11 1,,,.....„- . ......, 5 „ w. ., , 5 : S. # 4748 ��® sd ® ♦ r , 9 L . ®® ...„ips tztt ‘7. ‘1 e •� ®• PP, ��''� .„4 - rod 0 k t i.. i .„4 : „... , .,. , /..:::‘::- ,,,, „is, gy .,,0 ,,,,„ •. ..... kt 1149 ' f Or 0 170 340 680 � ` s � s I t y 0 a CAS Feet s 0- '2 Zoning Legend Public Use Lands I I Rural Residential 1 Multi Family Residential r -, Light Industrial r A Watershed _ Rural Residential 2 ® Business I I Rural Neighborhood Commercial I Conservation Single Family Residential I I Retail Business Urban Neighborhood Commercial I I Rural Residential I Two Family Residential I I Industrial I Natural Use I I 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) 086 -9333. Introduction - Page 3 of 6 Public Hearing Item P &Z - July 18, 2012 \U O \ C)CC&\' 2 O O O O O k \(\ Introduction - Page 4 of 6 Public Hearing Item P &Z - July 18, 2012 Kodiak Island Borough Land Use Map Community Development Department 44 . $ m =c Req uest A rezone according to 205, o nvestigate a CU ent Use o f zoning +for 25A Blo¢k 7 Leite Ad from' w &_�ZZCaSe # 1 - 001 R'1 Single family Residential to9R3 Multi family Residentialland h A ent gill Wlttenbrader Gonditional(,Uf Permit (C according toItKIBG 107.200; in g - - ordei fapermitj guest room Bed & Breakfast within an existing 3"g.� A 5 t . . xa, - x' '„ -,` .�. ,r ,.. , i v. ' .si nglef a m i lyd w elling. , �7,,t - CHR SFR SFR SFR ® SFR 3FR SFR SFR \ SFR SFR SFR i t s 110 SFR ® VAC SMA SFR SFR 1ST SFR SFR 0 75 750 30C I t t t 1 r t r 1 VAC Feet SFR VAC = Vacant CHR = Church GRS = Gear Shed SCH = School SFR = Single- family Residential SMA = Single - Family w /Mother -in -Law Apt. MHP = Mobile Home Park 4FR = Fourplex 2FR = Two - family Residential ACC = Accessory 3FR = Multi- family Residential DUP = Duplex This map was prepared from the Kodiak Island Boroughs GIS System. It is provided for the purpose of showing the general location of a properly within the Kodiak Island Borough This map does not represent a survey More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907)486 9333 Introduction - Page 5 of 6 Public Hearing Item P &Z - July 18, 2012 \D O \ C)CC 0 O O O O O k \C\ Introduction - Page 6 of 6 Public Hearing Item P&Z ly 18, 2012 Kodiak Island Borough -Print Form Submit by Email °- .., Community Development Department . , _ 710 Mill Bay Rd. Rm 205 J.1 ' Kodiak AK 99615 nom{ - Ph. (907) 486 - 9362 Fax (907) 486 - 9396 http://www.kodiakak.us PRO P_I D Application for Rezone KIBC 17.205 The following information is to be supplied by the Applicant: Property Owner /Applicant: n II i 1 l,t]I� - � - ex' . i pA2_J_ ,..r7 7L Mailing Address: �rj"OO ark e t'/�Y' (.7 --,1 ��- CX.(al Ate 9%15 Phone Number: q03 1 98/,t_ . levy or qt _5. -)9G, Other Contact email, etc.: I . + t ma /, Cam "77�� Legal Description: Subdv: Block: Lot: '�S 11 ( f�.� fie. Add �. 1, C � QL,� Street Address: ) 1 ) x- i,(s.)(n,l �-t Y,-r.ko J- j 1910/:l Current Zoning: p_ 1 Proposed Zoning: -� R - -3 + Applicable Comprehensive Plan: J3 T 7 2i 1 l lI ___VVV"' 00--- ../ Explanation of the need & justification for a change or amendment of zoning: ___ Sr : . I Li — _ ' - -fe-2d . In • OTC_ - s ' 1 - . —9 La; 1 cr. • o la el' - S _ A• - . . it .re kiwsi - - • r: • a co)n.new -era. l . • , 1 . II 1 Explanation of the effect such a change or amendment would have on the objectives of the applicable comprehensive plan: L+ c lcd n) } 1_ vw\p'. CJ --Lo cayy, pm kr- 6 toe / i n IIr aL ( :. ON • n- k& U.t O k \ 't '-j- - c(f),n n 3 a b_ • 'Uuc4 ', OW - S r — c. Date: L / I� Signature: Application - age 1 of 8 Public Hearing Item P &Z - July 18, 2012 CDD Staff Certification Date: S CDD Staff: _Z Payment Verification FegPayable in Cashier's Office Room 4104 - Main floor of Borough Building ISAV /JxPYAC I ® Not Applicable $0.00 1 1.76 to 5.00 acres: $750.00 �' Less than 1.75 res: Ills. ` i, „I_ 'ail 5.01 to 40.00 acres: F $1,000.00 KodiaKislandgorough 40.01 acres or more: (— $1,500.00 RtnancPDeprhnent � , Uu ® re. ,�it ,. . t c uP ,3i.-0,0.1_ — vtv 40 4r &. Q t (3 v-e ""� r tAleA AA.' fry\ to - _4N Application - Page 2 of 8 Public Hearing Item P &Z - July 18, 2012 e Kodiak Island Borough Zoning Map W IK ' 2 1 Community Development Department NW s I (Zoning I Owner: ND Wittenbrader Request: Rezone from . Wain [ ) , p o Izo zoo 480 • 6 ' 6 d 92 elpirr ni ^ 1 ,9 . \ `. I s I s 1 4 s r I c S, ON , p `' ,� \ " Feel co J ^ � ' 6 1 91h � ` a2 c e 6 4A rD ` ` ` k 0/2 a1 \c �\ � ‘11 (jam ^4 9 cc' ‘),e % :% . n� i ^ \ n� P \ p� \ % V,b � s 2a i� b6��P 1� s / • >`P 0 1321 . � r "P j , � tC' q5 \ , �• 3 - . . - 1 p y n� \. ") ` �a * ) Nfo N N \ s i ....< ° 1' P. ^6 9 (5.4 � . e .a\ \ 9 a „ a \^ a� �A 1 h Y \ 6 1A & 1 5 9 a °, a\\ t \ es ,5/ R 1 9 \ ' \ ^ Cts \ \\ ,' �15P,Q 21 n © t, iter 0 \ \f�'' A 1a\ , ' 0 „ Sa \, ° \ Q et t / � \ a r 2P Q p�j ` 1 o r` e � q3 1 \ � ` 4 , - \' �� \ \ �. O n . \ ✓ y N t l L I , 1226 � �s d' Q P \ � \ \ . t , \� I �: ` e r . i \ j/ `\ ^O ^6 ` fir r ` Di � / j 66 \\ � f' 1 '1 scn n OG \% 1ti ' 1�'ia t 12 6 ' 1 a7 9 n � l ^ 43 = 1 2 1 ry 9 / 4 s �,('�. Tom'` a1' \ 11 © N . . • 1,...(9. ( s ss� Zoning Legend I Public Use Lands pi Rural Residential 1 I Multi Family Residential 9 I Light Industrial n Watershed I I Rural Residential 2 Business Jr _ I Rural Neighborhood Commercial i Conservation I I Single Family Residential l I� ,I Retail Business 0 1 Urban Neighborhood Commercial L I Rural Residential [--] Two Family Residential I' ;I Industrial I _ Natural Use t This map was prepared from the Kodiak Island Borough's GIS System his provided la the purpose of shooing the general location of a properly within d:e 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 (901) 486 -9333 Applivalioll - Paye 3 of 8 �' ' Public Hearing Item Figure 4.2 P &Z - July 18, 2012 E, i fir , 'ill s:a t i/ ` E gb o t r . ra � � 7d � a [ 8 � • e' p ..t{ a FEU {t I" .tq Y / G\ I Y � � . a 9 , ', rte ii 1I o `v ]y�. S t it rN _ -3.4',..i ^� i. 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It �3.¢ ROY A ECKLUND Redasered land Surveyor Public Hearing Item Kodiak Island Borough ,Print ttli ItY 1 1 bf4W diEmail 1 ,ru- -u Community Development Department i+. f'� 710 Mill Bay Rd. Rm 205 Kodiak AK 99615 xL - ' Ph. (907) 486 -9362 Fax (907)486 - 9396 http://www.kodiakak.us PROP _ID Conditional Use Permit Application KIBC 17.200 The following information is to be supplied by the Applicant: Property Owner / Applicant: _Jul_ (i)I ++ rd," Mailing Address: 5fli; (Y .,n nP LA •' 14 )(oc let Ah 0 1961 /c Phone Number: CLtb /1,)9(7' 9 JOULI � cede/ 9N:.) .5 =. 9f0 Other Contact email, etc.: ,,�. en -. - Ja, • Legal Description: Subdv: LP\ }e_ p y n f � t � Block: -- D5/4 � � Lot: a� Street Address: �, 1S knYNKOJ f• 1 KOdrat( 4 K 9 WS Present Use of Property: Lin, I • - ,l f • \,, b Proposed Use of Property: I . !s/ i ii_ . -I- Jec, fWu_ • (Note:Use additional sheets, It needed, to provide a complete description of the proposed request.) Site Plan. A detailed site plan showing the proposed location of all buildings & structures on the site, access points, drainage, vehicular & pedestrian circulation patterns; parking areas, & the specific location of the use or uses to be made of the development SHALL be submitted with the application, together with other information as may be required to comply with the standards for a conditional use listed in this chapter & in other pertinent sections of this chapter. Respond to each of the following standards as they apply to your request. A. That the JW the conditional us a will preserve the value, spirit, character & integrity of the surrounding area; . -d'lo c2T.PCl, ) t` J IP 44 -I I co 1 J eS cwt -1 dc 1UP 7 .7� 'dY! %) dcot It . • ' ., ,` affiss 4 tn ald is_ r i • fa e m in eo( -.cd ems( a / tr 0 -- III air chi [. / ( 2 - (c 10 1— DJ t7Lj scc• ; e.ek- B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question; -' t.. n rf tS C1.f. 1�y Y \L I t \V l Application - Page 7 of 8 Public Hearing Item P &Z - July 18, 2012 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience & comfort; /AO V SO 11C�! C' Qft mcL-e - ItPA .6-1OJ6 +Lec IA 4v pfisiLrAo R. Vets+ arairna Y vi ill c•-Ff -J ptiblit ► - 54 or Con Jp -e/Nc e_ cJ- c , D. That sufficient s backs, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section; b. 4 e . • u : iii.11r21 ,� - +o C.-at ad s YJSP \A/P i C °le� „c ncf E. If the permit is for a public use or structure. the commission must find that the proposed use or structure is located in a manner which will maximize public benefits; �y tY k.- eA'r.0 T7 S C co; I I 1j- `l -T" C. - f • C i i e (a L x ? W t (� t»S Cron-No IS Can(' e 14--A 1, y h 'co C.� c o �✓1 l f' C7 -iwe� ttiPJ iS G ticriv y� ✓!✓t -L V Applicant Certification: thereby certify as the property owner /authorized agent that this application fore & Z 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 the conditional use request and may include optional supporting documentation as Indicated below. Additional Narrative/History : Photographs : As -built Survey : Maps : List Other: Date: c ) I ''��'a Signature: CDD Staff Certification Site Plan Submitted? �( Cu — •nin P I ,— .5 F7 Date: _&14 , Z � CDD Staff: , k 1 ?) Payment Verification Fee Payable in Cashier's Office Room ft 104 - Main floor of Borough Building n �Ps I(2 Application - Page 8 of 8 Public Hearing Item P &Z - July 18, 2012 Current Location Request a Rezone, according to KIBC 17.205, to investigate 1315 Kouskov St. a change the zoning for Lot 25A, Block 7, Leite Addition from R1- Single- family Residential to R3- Multi- family Residential; and P & Z Case 13 -001 A Conditional Use Permit (CUP), according to KIBC 17.200, Jill Wittenbrader in order to permit a 2 guest room Bed & Breakfast within an existing single - family dwelling. 0 e t It, t� `O ,$''' �`JV �3 ti Q Q, s t` _ o `` s` � 5� ��9 pS. �� 2s! 2) 9 ' i9 t a ` / 2 ,�Oj • ye ,ye . , co ^2,1g , .. �� Ci� c ' � a t - 3 , ,.'c ,.'c �� 6 L � < < ` A � t � ! ms s! 1 1 �� !I V �� A C 1 0 C- • `� 'NC.. * , ` � .l P e st tv4 ;11 \I- IL A IL 10 �' o� , a s P ° 0 V" iii Z \ 40 t&V ,c, 0 ...■Nn' ' AY ' . co 4"? r At 9s, c f:1- % co '` % (3 i i tio - ;,> N'D e -,c., 7,„ 4 il OW 's -\ co s(:: ::5 1cD . - ii‘ . t . ts 'OP V?& , r b 0 , l - ,,,,o,. . .: ..„) ' C A *t . P d ` Lo 1 11 `Z P Q 13' ! SOP (Z) Q °` ` O V1 If y o 10 1 212 1 2��' A • 0 ` D, Q- �'t �4t + mac. !_�i248 Q 16 co Q7 ! 11._. 4t . • `t • ` m `' D 1 N Ae t om D I 1212 1274 ,�ro,v I � R �ti %' Ir o a- Kodiak Island Borough GIS Legend ,� 4 Subject Parcel W T I ? E "t.� Feet ``, 155 t s�o i r s�o 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 Comments - Page 1 of 10 Public Hearing Item P &Z - July 18, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486 -9363 June 5, 2012 Public Hearing Item 7 -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, July 18, 2012. 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: 13 - 001 APPLICANT: Jill Wittcnbrader REQUEST: A Rezone, according to KIBC 17.205, to investigate a change the zoning for Lot 25A, Block 7, Leite Addition from RI- Single- family Residential to R3- Multi- family Residential; and, A Conditional Use Permit (CUP), according to KIBC 17.200, in order to permit a 2 guest room Bed & Breakfast within an existing single- family dwelling. LOCATION: 1315 Kouskov Street ZONING: R1- Single Family Residential This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, July 3, 2012 to be considered by the commission. If you would like to fax your continents to us, our fax number is: (907) 486 -9396 or you may email them 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. One week prior to the regular meeting, on Wednesday, July 11, 2012, a work session will he 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. Vour Name: Mailing Address: Your property description: Comments: Public Comments - Page 2 of 10 3CO 1 Public Hearing Item P &Z - July 18, 2012 VICENTE ALGOSO GARY ANTHONY BERNIE BALLAD 1316 MISSION RD. 1318 ISMAILOV ST PO BOX 1529 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 SAMUEL BARRETT BEREAN BAPTIST CHURCI1 NEAL BERTRAM PO BOX 8610 1216 ISMAILOV ST P.O. BOX 2512 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 RUTH BRECKBERG ETAL ROBERT BRECKBERG ETAL RACHELLE BROUHARD 1418 KOUSKOV ST #1 1418 KOUSKOV ST #1 1520 COYT BROOKS RD KODIAK, AK 99615 KODIAK, AK 99615 LUCEDALE, MS 39452 MICHAEL BROWN MERLE BROWN ETAL SARA BRUCE PO BOX 1637 PO BOX 66 1413 MISSION RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 CARL CARLSON SR SAMUEL A CATT CITY OF KODIAK P.O. BOX 2678 1520 BARANOF ST P.O. BOX 1397 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 GARY COBBAN JR DAVID COLE MARGARET COONS PO BOX 688 1130 MISSION RD 1415 E. KOUSKOV ST KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 TERRA CUPP DEBRA DAVIS NORABLES DELA CRUZ PO BOX 2249 1420 MISSION RD 326 CENTER AVE #90D KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DOUGLAS DORNER ROY ECKLUND FAMILY TRUST GARY EDWARDS PO BOX 1271 P.O. BOX 146 10226 CLOVER RANCH DR KODIAK, AK 99615 KODIAK, AK 99615 SACRAMENTO, CA 95829 CARL ELLISON ENERGY PLUS HOMES, INC MATTHEW FOSTER 1220 FATHER HERMAN RD PO BOX 1066 PO BOX 8644 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 VILMA GALLIVAN PETER HANNAH DENNIS HELMS 1224 FATHER HERMAN ST PO BOX 1803 PO BOX 2757 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 Public Comments - Page 3 of 10 Public Hearing Item P &Z - July 18, 2012 CHRISTINA HOEN ANNE JACOBSON RYAN JOHNSON 1219 MISSION RD PO BOX 551 1325 MISSION RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ELISHA HOPE JONES ANTHONY JONES HAROLD JONES 1424 KOUSKOV P.O, BOX 402 1217 KOUSKOV ST KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ANNE KALCIC DENNIS KNAGIN JOHN LACY PO BOX 1486 1224 MISSION RD 1321 MISSION RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 GABRIELLE LEDOUX JOHN LYMAN JAMES MAJOR 8859 CROSS POINTE LOOP 1510 MISSION RD P.O. BOX 532 ANCHORAGE, AK 99504 KODIAK, AK 99615 KODIAK, AK 99615 GARY MARCONI FAMILY TRUST DORIS MENSCH DAVID MERRIMAN ETAL 1215 KOUSKOV ST PO BOX 631 1320 MISSION RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 SARAH MEUNIER FRED NASS KENNETH NEWMAN 1320 ISMAILOV ST P.0, BOX 298 1424 MISSION RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ARTHUR OLIVARES CONSTANCE OLSEN HANS OLSEN JR 1312 MISSION RD PO BOX 322 1221 KOUSKOV ST KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 MICHAEL O'NEAL EDWARD OPHEIM MARTIN OWEN PO BOX 2253 1421 KOUSKOV ST 1223 W. KOUSKOV ST KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 THOMAS PANAMAROFF GARY PETERSON KIMBERLY PHILLIPS PO BOX 111652 P.O. BOX 1221. 1312 KOUSKOV ST ANCHORAGE, AK 99511 KODIAK, AK 99615 KODIAK, AK 99615 GUY POWELL GEORGIA PUTNEY KATRINA REFIOR 1219 KOUSKOV ST PO BOX 2811 1412 ISMAILOV ST KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 Public Comments - Page 4 of 10 Public Hearing Item P &Z - July 18, 2012 ALAN C RYDEN JAMES SANDIN SHERRY SAUNDERS ETAL 1221 MISSION RD P.O. BOX 1223 PO BOX 1271 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JEAN SHAUL WILLIAM SI.INEY JOHN C URE ETAL 1413 E KOUSKOV ST PO BOX 1369 1324 ISMAILOV ST KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 GREGORY L WALLACE SR ERIC WIETFELD DIRK WILLIAMS PO BOX 5 1425 KOUSKOV ST 1315 MISSION RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JILL WIT7'ENBRADER WILLIAM WOOD DAVID WRIGHT ETAL 506 W MARINE WAY #3 3344 SPRUCE CAPE RD 1314 ISMAILOV ST KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DONALD ZIMMERMAN PO BOX 1157 KODIAK, AK 99615 Public Comments - Page 5 of 10 Public Hearing Item P &Z - July 18, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 June 5, 2012 Public Hearing Item 7 -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, July 18, 2012. 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: 13 -001 APPLICANT: Jill Wittenbrader REQUEST: A Rezone, according to KIBC 17.205, to investigate a change the zoning for Lot 25A, Block 7, Leite Addition from R1- Single - family Residential to R3- Multi- family Residential; and, A Conditional Use Permit (CUP), according to KIBC 17.200, in order to permit a 2 gucst room Bed & Breakfast within an existing single - family dwelling. LOCATION: 1315 Kouskov Street ZONING: R1- Single Family Residential This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments'must be received bv'S.pm, July 3, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 - 9396 or you may email them to ssmithRkodiakak.us, If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday, July 11, 2012. a work session will beheld at 6:30 p.m. in the Kodiak Island Borough Conference Room (H121), 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. (� ) ./ u Your Name: � I I Mailing Address: ,s P t r� O t� 5� I - . '7 od.i V � Your property description: L n + LI A -1 , � l Qcx 7 - 7 Lel 4-e MA i' neH Ij l 1 E N/ iii ko Comments: P L ta.S c See akt-kc ite d 1, Iv\ tan / C.&m -t tijr5 2 P oPr� nf- Pletk'r nil Imo n eAtSfempat" 9t-uk ok 14+ a15A Pan �tr.5 - SIn.owft5 horom mar .et `pt* 4 oak 4'O0 ? kovLse- o tenkr �.t LnJ [ CEOM 5 UL - 2 2or � �M (J Nm UIJ "Y MEN(rEPA � Public Comments - Page 6 of 10 Public Hearing Item P &Z - July 18, 2012 July 1, 2012 3U1 2 201 To: The Community Development Department COMMUdfIYDEVELUPMfN1UEPARIM Case 13 -001 From: Anne and Bill Jacobson Rezone Concerns We have several concerns regarding the rezone of Lot 25A, Block 7, Leite Addition from R -1 to R -3 and a conditional use permit (CUP). 1. The Character of the Neighborhood. We have owned property/and or lived in the neighborhood for over 20 years. We appreciate the predominately single family households. Although some properties are zoned R -3, they are being lived in R -1 fashion. It is a quiet, low density ocean view /front area. It is this character of this special neighborhood which we care about. Increasing density will decrease this feeling as well as property values. 2. Traffic. Presently our road is unpaved and quite dusty. Many of us are walkers with small children and/or dogs. Increased traffic will create additional dust and walking hazards. 3. Cumulative Effect. In the short time the owner of this property has been here this property has seen rooms rented, yoga classes held, and large hoop house owned/maintained by non - resident (additional parking). Adding a bed and breakfast and/or rental units as proposed by rezoning and CUP will potentially overwhelm parking on Lot 25A. 4. Access Easement. Access gained to Kouskov from Lot 25A is thru a 15.05' easement thru our property. There is a 90 degree turn. This limits the parking as well as the maneuverability on Lot 25A. 5. Winter Snows. Please take into consideration our winters and snow accumulation. Without removing snow, parking spaces quickly become snow piles. We have received many of these notices over the years. This is the only one we have ever felt obligated to respond to. Please consider what we believe to be compelling arguments for not allowing a rezone or CUP. Thank you in advance for your consideration. Public Comments - Page 7 of 10 ak la /e d thorough Planning and z p misvml f t' floe c " ' S K d t\ • R ca /ved f Appr .. Com `. > y �QQ^ `Ail.' _+$. S t .� � 4 — h toes _... ry �� , pQ �- + �},`' $ ' �� i ,V • (q 'O• � { • \ This ,s t e f/fy sae /thin plat- /s duly approved /n #, '•t \ 1�` ��`�� \ 61' is. , accord_ pfze with K desk / /and Borough Mun/upal C oda j'�[X �� `© X�i • cola !O day at ua. ,/e W ��- ♦ ti t? „� - ®arpugh a op /eaEc/O��pa p ' \ l \ q e ma nly Data / `. rt� � // Oavo/oPm¢nf Director.' '” N F ,+ • VICINITY MAP ..., • J9 xu +` • , SCALE P'. 400 au 3' T D O r"�,q ./ ij OWNERSHIP AFFIDA h iJ Wa h ere. ctrhfy that nears fha owners of Ma property la S4 '' a, \ � O r shown and deuce /bad hares . We hereby nag/real appro../ \ a , ..y yyl of t94 /If shew•ngy such easemsnp for pubbc roadways • 0 C a`� L It c r' en et/ tie dadtated by us for public a 0 sawfp s \' �'^a \ \ R •: ) / _ Oala'`''c1 19`I'( – o (aA ,1h Ea c 5 kb6M \c �• I !' . n.. • � , (%., A ASK. ..'[ ! .x oats\ • 3 l et Crew we /"/B) • N. ._ 7, 5,.. a) / -/ \?J (NAT a' aDJ,) 7 y \+ 4 F. I Z LO I We. 29,2 enss . • .. • N�T Af KNa1VLE M N D[ ET9 CID • �- \ • ' tT \ O Subscribed CD • and b d sworn before sea — fhis 1 – oo'Y of - - \ t9 —. CO 25A \ l: n. ..t.,. O / .ruin •,q \ - twee' wawa '" My eo / salon expires • M O \ • Subscribed and aiyem tee before ma this c/ y of P , \� 9...•,....,,q wrmawav) \ \ \ ij 0 � JUL 2 2 2 lyi 2 � E D MY M/n/n /salon ¢rP6¢a - 9 9 ' W LS Im V , +r1 e • 6 'I,~ GN EL cart 1 5 0 � D 'cvwu:unrcVOIM N OTES ' • 9L /. N s hide/ sr. , ray has bean cone ,m' ca. the Pieparaben n o r 654 ) 04/. An d:nsnarOoo sad bw rlgs ss sho,rn Ste 0 Opp one from yv raxped t. APrqumbv.Ca - /e). I< co 2. rn a /s arave.s/an tb acres. Plat. co CO 7 - (. TAY rrf+TI Fir ATF SIInVF CIP'A r'•PTIFIrATg PRE ED FOR+ DILL JACOBSON N eu / heaky C rtity that, according to *a records of the / hereby certify W,at / am p.••POl ragia/ared d /transact • p0. nog 55/, Kodiak, A /ask• 996 /Qp Ir d /ak /s /and Borough, a// taxes assessed and due to "Prat floc land aur..eying in Mc Slate of Alaska eta that 'n fit • VACATION OF r.3 3 against said /and and ea favor of Wee Kodiak /s /and ttru plot was p s se • epa by me or under my direct rris/m, + �k;�.- .-- ,l. ;, .407:5-5-4 and 4A, °LOCK 7 Oorough'ar9 paid in fu//. and fh.t en data shown•hewern,i Mn ardawnechm m-.pWS .2' v�nDl". ,-i LG /TB A00 /T 1ON, U. S. 3URY6Y /GBI Dated at K d /ak,A/aaka, Yhif day of .1 UC'r ,/9 Prun ex /at /n9 record information. - • iwgz ia. \ "x' PLAT N"HB6R aO0.-/d (d..m r. Y', J;.... � . -AV.L _ /� y 7 t 4A,'•J Date 3 n MA y " ga¢ J•• REPEAT TO /cedar /5/and Doro gn clack Peg/ate.ad Land yor /a.�e -s, 4t- «YU ; 4 LO. 4A -/ BLOCK 7 Reg/strofr Number , o ff • ar [E /r.e 400 /T/ON,U.S.SURYEY Ieaf t,m •j WITHIN KODIAK R6GORD1NG PIBTRICT \y '. W�m . j vr,n,nv a.LY9V4 Pubij Id i P &Z - July 18, 2012 from: Anne Jacobson anne907 @gmailcorn Subject: Zoning Date: July 1, 2012 1:26 PM To: Bill Jacobson aktishmybi gmail.com `` "'s R3 s tir ,r. ' 1' -r 'r ;41. P.,17 ,771 "/,' . ` .Gt! } ' ,' i -':=- 'S'`�s a 1 S e � y '^ 1:53 '� r i� r r ,t.„, `,a xw ,. -- t '^'nrr { ^r -; A r r "' _ r ,�. rte 14 gay ,. � �1 . L X14• ^ 7:7"7.. a� x ' " j' 'a -An . ... }.' > 1 , z` :.m.o. e e.. i P4 . ¢ ' � y^ is . Y S"" F x • Sr s ^rf -;".7 `._._. `" -,a .�` ' fir- Al 5 li p l .'*1'., {N ' i f.?j'€d ' {Sr t- `1 � f0 � t . ;y , & P , T" < } ' ••.l_•____•e.... 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M. ti S ,n.' x Y" ?Y- _ :.--. � , 7"xM . r xy, i • 1 l Sent from my iPhone • / ECEIIVED JUL — 2 2012 COMMUNITY DEVELOPMENT DEPARTMENT Public Comments - Page 9 of 10 Public Hearing Item P &Z - July 18, 2012 \CI 0 \ 91C.1/42 O 0 0 0 O k ‘C\ Public Comments - Page 10 of 10 Public Hearing Item P &Z - July 18, 2012 MEMORANDUM Date: June 27, 2012 To: Planning and Zoning Commission From: Community Development Department Subject: Information for the July 18, 2012 Regular Meeting Case: 13 -001 Applicant: Jill Wittenbrader Request: A Rezone, according to KIBC 17.205, to investigate a change of zoning for Lot 25A, Block 7, Leite Addition, from R1- Single- family Residential to R3- Multi- family Residential; and, A Conditional Use Permit (CUP), according to KIBC 17.200, in order to permit a 2 guest room Bed & Breakfast within an existing single - family dwelling. Location: 1315 Kouskov Street Zoning: R1 — Single Family Residential. Seventy -three (73) public hearing notices related to this request were mailed on June, 6, 2012. Date of site visit: June 27, 2012 1. Zoning History: Lots 25 and 26, Block 7, Leite Addition were zoned R1- Single- family Residential prior to a mention in the January 20, 1966 Assembly minutes. Blocks 5 through 8 of Leite Addition were rezoned from R1- Single- family Residential to R3- Multi- family Residential by KIB Ordinance Number 73 -26 -0. This ordinance specifically excluded Lots 1, 2, 25 and 26, Block 7, Leite Addition. 2. Lot Size: 3. Existing Land Use: Single- family Residential and accessory buildings 4. Surrounding Land Use and Zoning: North: Lots 1 and 2, Block 7, Leite Addition Use: Single- family Residential (both lots) Zoning: R1- Single- family Residential South: Woody Island Channel Use: NA Zoning: NA Staff Report - Page 1 of 10 Public Hearing Item P &Z - July 18, 2012 East: Lot 4A -1, Block 7, Leite Addition Use: Single- family Residential Zoning: R3- Multi- family Residential West: Lot 34, Oceanview Subdivision Use: Single- family Residential Zoning: R1- Single- family Residential 5. Comprehensive Plan: The Kodiak Island Borough 2008 Comprehensive Plan identifies the proposed future land use of the proposed rezone area Urban Residential. Rezone 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 17.205.020 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. KIBC 17.205.030 Manner of initiation. Changes in this title (request for a rezone) may be initiated in the following manner: C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development department, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. 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. Conditional Use Permit 17.75.010 Description and intent. Staff Report - Page 2 of 10 Public Hearing Item P &Z - July 18, 2012 The R1 single - family residential zoning district is established as a land use district for small lot, single - family residential dwellings where public water and sewer services are available. For the single - family residential district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the construction of single - family dwellings; B. To prohibit commercial and industrial land uses and any other use of the land which would interfere with the development or continuation of single - family dwellings in the district; C. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter; D. To discourage any use which would generate other than normal vehicular traffic on streets serving residents on those streets; and E. To prohibit any use which, because of its character or size, would create requirements and costs for public services, such as police and fire protection, water supply and sewerage, before such service can systematically and adequately be provided. 17.75.030 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. Hospitals; B. Schools; C. Bed and breakfasts; and D. Vacation homes. 17.200.030 Site plan. A detailed site plan showing the proposed location of all buildings and structures on the site, access points, drainage, vehicular and pedestrian circulation patterns, parking areas, and the specific location of the use or uses to be made of the development shall be submitted with the application, together with other information as may be required to comply with the standards for a conditional use listed in this chapter and in other pertinent sections of this chapter. 17.200.050 Standards. In granting a conditional use permit, the commission must make the following findings: A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area; B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question; C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort; D. That the sufficient setbacks, lot area, buffers or other safeguards are being provided to listed in subsections A through C of this section; E. If the permit is for a public use or structure, the commission must find that the proposed use or structure is located in a manner which will maximize public benefits. 17.200.060 Stipulations. In recommending the granting of a conditional use, the commission shall stipulate, in writing, requirements which it finds necessary to carry out the intent of this chapter. These stipulations may increase the required lot or yard size, control the location and number of vehicular access points to the property, require screening and landscaping where necessary to reduce noise and glare, and maintain the property in a character in keeping with the surrounding area; or may impose other conditions and safeguards designed to ensure the compatibility of the conditional use with other uses in the district. Staff Report - Page 3 of 10 Public Hearing Item P &Z - July 18, 2012 COMMENTS The petitioner has requested both a rezone and a conditional use permit (CUP) in this case. The petitioner has indicated a desire to operate a two guest room Bed & Breakfast (B &B) which requires a CUP in the existing R1- Single- family Residential zoning district. The CUP provides the shortest time frame to obtain approval and it is a request within the commission's ability to approve without further review by the assembly. Additional CUP reviews would be required however, if the petitioner wanted to add additional guest rooms over time. For that reason the petitioner was also inquiring about the R3 zoning district where the B &B is a permitted principal use. There is no R2- Two - family Residential zoning in the area which would normally be the next logical step up for an R1 zoned piece of property. The lot does share a common boundary with the rest of Block 7, Leite Addition and that area is zoned R3- Multi- family Residential. A request for a single lot to be rezoned to R2 might be considered a spot zone since there is no other zoning like that in the vicinity of the subject parcel. A rezone to R3 however could be considered a boundary change by incorporating Lot 25A into the rest of Block 7 which is already zoned R3. Staff noted in the zoning history that Lots 1, 2, 25 and 26 were specifically excluded from the R3 zone in 1973. Clearly lots 1 and 2 are too small to have potential for larger duplex or triplex residential, but Lots 25 and 26 have been re- platted into a single lot (25A) that is now comparable to the other R3 zoned lots in the balance of Block 7, Leite Addition. Staff will review the zoning change request first and then the CUP. A separate motion will be recommended for each case in addition to findings appropriate to those requests. Rezone CONFORMANCE WITH THE COMPREHENSIVE PLAN: The 2008 Kodiak Island Borough Comprehensive Plan Update is quite a bit different in its classification of land compared to the KIB Comprehensive Plan 1968 — 1999. Future land use maps from prior plans, such as the one depicted in the appendix for the 1968 plan, were used as a starting point when creating the 2008 plan maps. Changes were made based on public input and references to general or specific changes to proposed future land uses. One of the more notable changes to the updated plan is the way in which residential land was depicted, particularly in the urban areas. No longer is residential designated by density or specific housing type in the plan. The Kodiak urban area future land use map assumes a continuation of land use zoning and trends in most residential areas. It also assumes recently approved locations for specific facilities such as ferry terminals. Staff Report - Page 4 of 10 Public Hearing Item P &Z - July 18, 2012 In several locations, residents were asked to review and comment on alternative land use designations. As a result, most of the residential designated areas in the urban zoned areas are designated as "Residential". The commission and the assembly will decide whether existing land use pattern should remain unchanged or whether the trend of development and character of the neighborhood in this area suggests an adjustment for Lot 25A from R1- Single- family Residential to R3- Multi- family Residential. It appears from the following plan guidance that either zoning district conforms to the comprehensive plan. The 'Residential" designation in the 2008 Comprehensive Plan reads as follows: "This designation allows for a variety of urban level residential uses. It is generally applied within incorporated cities and would allow for a mix of single - family and other types of housing including those allowed in R1, R2, R3 and SRO zones. "' ZONING /USE: There are differences between the Uses found in the R1- Single Family zoning district and the uses found in the R3- Multi- family Zoning District. Beside the potential of increasing the residential density of the neighborhood, there are additional uses that are allowed in the R3- Multi- family Residential District. These additional uses may be more intensive in nature. These additional uses may also be restricted by the availability of access to the lot as the lot has a narrow access drive easement. Below are the permitted uses found in the R1 — Single- family Residential compared to the requested R3 — Multi- family Residential Zoning District. R1- Single- family Residential R3- Multi- family Residential 17.75.020 Permitted uses. 17.85.020 Permitted uses. The following land The following land uses are permitted in the single- uses are permitted in the multifamily residential family residential district: district: A. Accessory buildings; A. Accessory buildings; B. Beauty shops; C. Boardinghouses; B. Churches; D. Churches; E. Clinics; C. Greenhouses; F. Greenhouses; D. Home occupations; G. Home occupations; H. Hospitals; I. Multifamily dwellings; E. Parks and playgrounds; J. Parks and playgrounds; K. Professional offices; L. Schools; F. Single- family dwellings; M. Single- family dwellings; G. Hoop houses N. Two - family dwellings; 0. Vacation homes; and P. Bed and breakfasts. Q. Hoop houses Chapter 4, Page 13 Staff Report - Page 5 of 10 Public Hearing Item P &Z - July 18, 2012 Below are the conditional uses found in the R1 — Single- family Residential compared to the requested R3 — Multi- family Residential District. R1- Single- family Residential R3- Multi- family Residential 17.75.030 Conditional uses. There are no conditional uses in the R3 zoning The following and uses may be allowed by district. Conditional uses in the R1 zone that are obtaining a conditional use permit in accordance permitted uses in the R3 zone are highlighted in list with the provisions of Chapter 17.200 KIBC: of permitted uses above. A. Hospitals B. Schools C. Bed and Breakfasts D. Vacation Homes LAND SUITABILITY: This request is for a single lot to be reclassified from R1 to R3 zoning. The site is indicated to be over 20,000 square feet in area, although only about half the total area is considered to be developable uplands. Still a 10,000 square foot lot is capable of sustaining many of the land uses allowed in the R3 zoning district. The site is part of an original subdivision dating back to 1943 and this lot has been re- platted several times in order to achieve its current configuration. The lot uplands are not substantially slope affected. The one unique concern that may need to be addressed in the context of the rezone and related CUP is the adequacy of access to the site which is limited for access to a 15 foot right -of -way easement. Staff has asked the Kodiak Fire Marshal to review and assess the site for public safety purposes. In the e -mail attached the fire marshal expressed no concerns with the possible rezone or CUP request. Staff notes that the site would not be granted a zoning compliance for multi - family residential unless the property owner could show on the zoning compliance permit that a full 20 foot width could be developed and available to meet fire code for a multi - family dwelling. RECENT DEVELOPMENT TRENDS IN THE AREA: The development trend in the area is predominantly towards single - family residential with a few duplex and multi - family residences evident from the current land use map. Lot 25A abuts the boundary between R1 and R3 zoning. Although the R3 zoning would appear to permit a lot of potential uses, it would appear that most lots are limited by lot area and within this older area of Kodiak. Other trends that may be relevant to this request are the trends in the community for operating Bed & Breakfasts and for the development hoop houses. TRAFFIC IMPACTS: Any increase of zoning potential is likely to result in an incremental increase in traffic in the area. Multi- family or professional office development on this site would be difficult to develop due to the need to provide onsite turning and maneuvering and no allowance for tandem parking spaces. Staff Report - Page 6 of 10 Public Hearing Item P &Z - July 18, 2012 A duplex might be more plausible since it requires a driveway with a minimum width of 12 feet (KIBC 15.35.040.B) but it would likely require substantial clearing of the site, such as removal of the hoop house or other accessory buildings in order to accommodate the additional parking area such use might require. Multi- family Residential and non - residential uses require a minimum a 24 foot wide access drive for two -way traffic which would be hard to achieve on this site without some alteration of the existing access easement to the site. While the Fire Marshal has been consulted about the access and found it acceptable for public safety purposes, this should not be considered to be an indication that zoning compliance would be issued for more intensive uses without a clear showing of compliance with the more advanced parking and access requirements provided in KIBC 17.175.080. RECOMMENDATION Staff recommends that the Commission forward this request for rezone to the Assembly with a recommendation for approval of a rezone from R1- Single Family Residential to R2 — Two family Residential. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend the rezone of Lot 25A, Block 7, Leite Addition, from R1- Single Family Residential to R3- Multi- family Residential and forward this case to the borough assembly with a recommendation for approval, and to adopt the findings contained in the staff report dated June 27, 2012 as Findings of Fact for this case. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification fora Change or Amendment. Lot 25A abuts an existing R3 zoning district and it has sufficient developable uplands to sustain many of the uses permitted in the R3 zoning district. The site is suitable or can be made suitable for increased density of development with some limitations due to the nature and width of the access easement access to the site which is 15 feet wide. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 2008 Kodiak Island Borough Comprehensive Plan Update provides a flexible standard for Urban Residential uses which relies substantially on practical lot considerations and neighborhood character rather than specific density recommendations. In this regard the request is consistent with the objectives of the comprehensive plan. Staff Report - Page 7 of 10 Public Hearing Item P &Z - July 18, 2012 Conditional Use Permit COMMENTS In 2006 a new ordinance was developed to make Bed and Breakfast (B &B) a named principal use in the various residential zoning districts. As such, it now requires zoning compliance in most districts and a conditional use permit (CUP) in the R1- Single- family Residential zoning district. Prior to that time, B &B was considered a subset of the "Home Occupation" permitted use, however with much greater limitation on the number of guest rooms (2 guest rooms maximum). The new ordinance provides much greater latitude to establish multi - guestroom B &B's with up to five (5) guest rooms subject to certain requirements for parking and collection of the local transient accommodation taxes. The applicant has requested a Conditional Use Permit (CUP) to operate a 2 guest room Bed and Breakfast (B &B) within an existing single - family dwelling. The R1- Single- family Residential zoning district is the only district which currently requires a CUP for this use. In addition to a CUP, the requested use requires the addition of single off - street parking space for a 2 guest room B &B, which is shown on the site plan. Staff recommends that in keeping with the intent of the new B &B regulations that evidence of compliance with City of Kodiak transient accommodation tax be considered in lieu of the boroughs tax which is superseded within the incorporated communities within the borough. Staff is cognizant of the need to ensure building and life safety concerns are addressed. Staff has requested and received an evaluation by the local fire marshal due to apparent restrictions on access. Based on this feedback (presented in the appendix to this report) there is no concern about the ability to provide public safety services to this property. RECOMMENDATION Staff recommends that the Commission grant this conditional use request with appropriate stipulations. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to grant a conditional use permit (CUP), according to KIBC 17.25.030, 17.75.030.0 and 17.200 (Conditional Use Permits), to allow a Bed and Breakfast (B &B) with a maximum of two (2) guest rooms to be rented out, subject to the stipulations contained in the staff report dated June 27, 2012, and to adopt the findings therein as FINDINGS OF FACT for this case. Staff Report - Page 8 of 10 Public Hearing Item P &Z - July 18, 2012 STIPULATIONS 1. The property owner shall obtain a zoning compliance for the B &B use confirming the acceptance of this CUP which will entail the filing of a new, updated site plan, which will show all existing structures on the site in addition to the required off - street parking, regardless of whether those structures (hoop houses) or other accessory buildings are regulated by zoning code. 2. Any substantial change or alteration in the use, operation or structural development on Lot 25A, Block 7, Leite Addition, shall require a new CUP application and review by the Planning and Zoning Commission prior to the implementation of any such proposed change or alteration. 3. The property owners shall obtain and submit evidence of compliance with the local City of Kodiak transient accommodation tax and business license requirements prior to obtaining a zoning compliance permit for the change of use. FINDINGS OF FACT 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area. "B &B" use is typically a seasonal use which allows property owners to rent rooms in a single - family or multi - family dwelling. A new site plan will be required by stipulation for the proposed change of use to ensure that adequate turning and maneuvering is available on the site. This is in addition to the minimum required number of off - street parking spaces and is required because the site has some restricted access by an easement over the adjoining property. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The requested Conditional Use is a listed conditional use in the R1- Single- family Residential zoning district and the Planning & Zoning Commission has exercised appropriate over -sight through this review process and public hearing. The Commission may require evidence of successful coordination between the property owner and the City of Kodiak regarding the appropriate collection of transient accommodation taxes. The Commission may also wish to see a revised CUP if the site is to be redeveloped in any substantial way that might affect the operation of the B &B or displace any of the required off - street parking or maneuvering area. 3. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. The Commission, by binding this CUP approval to stipulations as referenced in standards 1 and 2 above, will ensure that the proposed use will not be harmful to the public health, safety, convenience or comfort. Staff Report - Page 9 of 10 Public Hearing Item P &Z - July 18, 2012 4. The sufficient setbacks, lot area buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. Lot 25A exceeds the zoning district's minimal size requirement of 7,200 square feet. Although the plat indicates the lot to be about 20,000 square feet in area, the reality is that the site has about 10,000 square feet of developable uplands. The site has somewhat restricted access, but it is sufficient for public safety purposes and typical residential use. 5. The proposed use or structure is located in a manner which will maximize public benefits. As a private development this finding is not applicable to the case. Staff Report - Page 10 of 10 Public Hearing Item P &Z - July 18, 2012 Duane Dvorak From: Kamai, Rome <rkamai @city.kodiak.ak.us> Sent: Monday, July 02, 2012 2:49 PM To: Duane Dvorak Subject: RE: 13 -001 PHN Map.pdf - Adobe Acrobat Standard Duane, I have completed an onsite review of the property located at 1315 Kouskov, and have found that the water supply location and fire access acceptable for the proposed development. v /r, Rome Rome Kamai Fire Chief Kodiak Fire Department 219 Lower Mill Bay Road Kodiak, Alaska 99615 (907) 486-8040 fax (907) 486 -8048 This transmittal may be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this communication in error, please notify me immediately by reply or by telephone at 907. 486.8040 and immediately delete this message and all its attachments. From: Duane Dvorak fmailto:ddvorak@ kodiakak.usl Sent: Monday, July 02, 2012 1:51 PM To: Kamai, Rome Subject: 13 - 001 PHN Map.pdf - Adobe Acrobat Standard Hi Rome, as we spoke on the phone this afternoon CDD staff is evaluating the lot noted on the attached map for both a rezone from R1 to R3 and a CUP for a 2 -Guest Room B &B. The abutting neighbors (who are in the R3 zone) have raised a potential issue about adequacy of access. We don't have a specific standard for measuring access such as the one existing in this older area of Kodiak, but I think that it is appropriate to ensure there is adequate access from a public safety standpoint before we make a recommendation to the Planning & Zoning Commission. In that regard we respectfully request your review of 1315 Kouskov and assessment whether the access there is adequate for the additional development potential that is being requested. Thanks, - -Duane Duane Dvorak, Associate Planner Community Development Department 1 Appendix - Page 1 of 8 sJ • :;o • 2 Ellin ' . . ._ a .... .. 1 r .,« .., _. } _. I ... I .._ i • ... ,.. ... POT4TOPATCH L•111 • • e i A i s - - - • I l e e _ill p y all ' . , ... 1 ,1 eioca ,� SUBDIVISION OF A PORTION 111.11 1 OF j ,, U.S. SURVEY Do c SURVET IB Q C �" O ' « ccxnnc•rE IERE ADDITION cr ID ........ ° wemaW.. ce.na..m +• r. .' line •..,.. W .e � _ D) a w na ammo"• v a ...W .. CO m m•F°n rt awau r IMO. v. t. WI m NI n. +u. W 7 - so. • avian .n *TAT. ea.m r.. Kai .c..• , a •••• cwrunn• w °n wave my an r r same W u. swam ant N — °u. Malaga* aavaa r ,. r. Oa m fY.MI. Ip a Amon, 0. w. 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VACATION Vet 4. ,.e.. „r oa... . y I and R E PL AT SCirI BLOCK 7 LEITE ADDITION r 6 � _ � KODIAK ALASKA I t"• q y� � � fN�. l ROYA r ECKLUND (. ]rt < , a v�§"' REGISTERED LARD SURVEYOR G;LL U(L .&,_. PO BOX 14 6 KODIAK ALASKA 5 flis DATE 7 /4y/ m i, :,!IiiiL No.= I a t... a _.: ....... . 1/ . - i % ,114 <stei,��,. � 1 \ y S • St #4 . mo � s �� tai .��`�.�`` ✓�,: a 3 pJ � � ilObr •.. � � ., .., Q J o f , t&° o d . 6 1-•7711. a. le a � \ A VICINITY MAP a Os SCALE". /-• /pp' O 5 et �� .. ..E ur . r., ; ') pWNI�RS( //P AFFIDAVIT ,..,en �n / d \ LA en e c { hrMsr w`ih sof/na �' '�` ( o. bM hereon n/ n ref uro{dways..r. .,/ u plot s o �, :y ��aa weh '( , .. va roadways d ..r,y, Ass c-`1 . e A°' j° / d W - F2 Dale 7/z �!- - v • 6 '\ tL � 6 :F'a` . °.� i �d jrT ..r)_ Da -�U,/ rya \ ,;. P e . • 5 4 \ I y,U ` � N , 0:1 . � I� � 4 ® a '" o 1 +e NCJ - a e,,d ACKNOWI L/N: PA l} 1 / 1 vice9 n ,. tit. 19. , O -- Fog-tees/ 0 a - 1e O me m 7 ^+�eko -• "Y. t' F I I / , A O e 'er � ., . 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Lex /L4 /, Kod ;.l,.ora.ke secs o - / 3 RY R_ R a VACATION of Ag area iB /nereb„,„,,c /en proryr/yrees./cd..d /,can's to . pgachce /.,d surveying be k OlH /she dnrl /hat /hat {hie l ' , 3 tors J,1, LD,LI,LS c.' GLOOK , - l :v o pie, rirye +enn Y surrey mad by eue Orunr /er by �{ecr j -' • a LL /TL Am /T /ON N i III wt. a env/s/On,end uie/ {he 1 shown he,et., deck',/,' r° 'zta $ RLPLAT -to m Ilf -11 e: n.3 {. =.nown, {n.reu ,, .ne o”70? , d. { e;v { ,, . .A.. LO f A_IA, 4A en/ f5A OLOCK9 ED tun 2:,ft _ P • d,a r„ {. /, / St LL /1F ,<eYl /rXW m . .,� e //.G(__�" � ! - _ease[ —Pi .7P3 l ' us- euavG - r' a, ory FAAx 124(. Rey Lund Surveyor KODIAK. ALASKA IenIkk AL/ :.yqulreAon Number_ —&%e -_ ROY A. CCKLILJG SCALE- I '• 30 feel ATS 15 Mar.-. PO Dux 166 Kodu`.,Alaarza COGI5 DRAWN DV 6J4 OIKQT- loci .5 •9 m4 d AT APVROVALL ,��.� , ",V\\�� s. nothak Island $oraugh Plann /n5 and Zanln$ Commis.... j. O V c '� q. i j V Received Approvsd � k� L QO*. / at. .,,,,.3___,7_?., -Y . lobSc. *Ile ,lyr � / ti7" Chair ''// \ ; h�a . a o cart /ry the w/fM P/ah ie du / y , ved In �let.' Y �t51011 � \ Gr` I9 , •ec rdanca w,Jh hodiek la /and Doroigh Mun.apal Cosa ,.% � OVV q � ! q ` fh.s _cL day of :1 i /n c ' wy \� s 'P V L- , Oorough Mayor� Pow,. ''11 ,, � , � (. w ^ + j'f : it a - - Oorough nark SymaraL Oafe - xQ1./01�oJ L� T{113 Y , \ Commu I r Dat¢ -la! G4 1 Oa ra /opr nt Oiroc \ .' ` ',� VICINITY AP � ` {' Q \ ��) \ 1 M \ 7' 41\ . / Y':�O ii.. f \�AL��4 y/ DCALIsP'•IOO 2 0 9 5 \ 1 O AFFId%VIT 9r 64411'1,772/• Ni \ -`, Mb he/o51 certify that vas m. erp s s . owners of /ha prarfy rue u.,t) r• shown and described nation. We hereby rogue./ approv./ • \ ay 0 of fh.S plat shewnn sceh •as.mrta for pub& ~Orton , L I' \\2 i,L U and f //Pi r dlcat d by us for pub /k use. r TANI 1 S 'CTccOSs \c R. Y -/i L Il a /; l L. d pr 4u- Oafa S^'E ■ l9s`i __ for a4a.n) J • (A-in sa GSeMLNT ' e: lr,t -b)A i '• 1 ., D .$172 1 fgf1 WOWED A y \I 41 t u> n -n) m G -6 e \ - >r /1 /7 Z LO� -I *ewe A- , A- 2'3.2 GEIST p m O :.A \ �a NO fA__Y AG KNOW Li P6MENTS I 0 \ \ O- sub and sworn b b•k.c. me ih.3_ 4 day or SI'mf • 25A A C - kd�;t Z 4 t cPi C)S - ( 14 rra.•,ruun+ My corromaa /en s /nw.... rte cal \ Y a. pt ra S A \\ tub c ; bed and sworn A. baron. one Ms 1 1i>,. U V_ s'.1.:'a': "a�w�,.;j n n;a My \\ • + .*Sliaa ; a , ..0 ' 94 N�� ' Of Nara' l as(. 1. A'o fold our/ay has bean cons Ad fo/ the PneAe.V : o/ Ms plat. A / /d4nan mon. and bearing. es sham hap, / -' V449 p are >s...., io t ratan: t Ant 'a a,aar'.ea -/,). Z. rrna /: • ..• n acraa. to/at. TAX f r nT'IFlr ATE y /RVEVOR'a CERTLF K'-AT DREPA.REL+ iOR: 5/LL JACOBSON I hereby certify that, according fo $,a records of Ma h•raby cart ✓y Mat 1 an prop.gy rsg /alerad and /tensed - P0 35,( 55/, kCodi /sek•s 996/5 Kodiak Is /and 5orough,al/ tares assessed and due to psf/ccland say-raying to Ms .tat of Ahab Mot af D or .jn ro VACATION OF aqa /not sald land and in favor of Ma /rod,ak /s /and this plat waa prepared by me or under my doccf n'w, *a y � i w GOT, .3A and 44 • SLOCK 7 0 are peed 117 fu//, and Mob all data shown h,/con is f ut andm„soctes co.,p;.4 a 1 n, U. s. soa vs r'IIAt T Gated at K d ;ak / A /asks. 1h/s Idry of Ttl/F ./y from 41;511175 rococo' / imkarmation. - - ( 18 LI 111WY \.- PGA z tIrs A00 /7 /a NUMOiq 05 -18 �' - ' t - /f fij.� -.r! Oa ts J/. May . . +s4 / REPL'AT TO ; ()aew, S, At. a4 /.r R . z Kodak /s /and Gu -ugh ClarkRagl d Land Surveyor • y if LOT 4A - / , BLOCK 7 _ ,. P449/511011017 Number fOn -6. 3 <6trX ARO / //O Y /oI/ o �iO WITHIN KOCNAK RRDING SING DISTRICT o IL - '�w•l+' KOOI, R ECOCO N ALASKA+ 3 COCOAS, SURVEYING DRAWN W DATE, At o /ssa pO.Oor /OG r goorok,A /k aa 9f4hA S E: 1'. 3 ANN e/ REF, Z5,4, At - Public Hearing Item P &Z - July 18, 2012 r - S ‘17 O O O k \CI\ Appendix - Page 8 of 8 • t .- °mss ;te KODIAK ISLAND BOROUGH "' " ”( ',n I AGENDA STATEMENT REGULAR MEETING OF: SEPTEMBER 6, 2012 ITEM NO.: 13.D.1 TITLE: Declaring a Seat on the Planning and Zoning Commission Vacant. ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Resignation Letter APPROVAL FOR AGENDA SUMMARY STATEMENT: On August 23, 2012 the Borough Clerk's Office received a letter of resignation from Ms. Casey Janz for her Borough seat on the Planning and Zoning Commission for a term expire December 2012. 2.100.070 Vacancies. A. Other than by expiration of the member's term, the assembly shall declare a seat vacant when a member: 2. Resigns and the resignation is accepted; D. In the event of a vacancy on a board, committee, or commission for any reason other than normal expiration of a term of office, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. RECOMMENDED MOTION: Move to accept, with regret, the resignation of Ms. Casey Janz from the Planning and Zoning Commission for a term to expire December 2012, and direct the Borough Clerk to advertise the vacancy per Borough Code. Kodiak Island Borough Page 1 of 1 To whom it may concern, Please accept this as my formal letter of resignation as a member of the Planning and Zoning Commission, as well as the PAC. effective immediately. I have enjoyed serving as a commissioner and will miss it, but have family commitments that cause me to be absent from Kodiak. I will make arrangements to return my I -pad. Please inform me ifthcre is anything else I need to do to bring closure. Sincerely, Casey Janz ; r \ ■6 'IS iu VI L5 I ., I t1 August ' �i 11! g J k, AUG 2 3 2 012 rJitVO JAI U.. p KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting —July 23, 2012 SUMMARY ACTION ITEMS: APPROVED: Motion to approve the Agenda and Consent Agenda to include: *Approval of Minutes - Regular Meeting Minutes of June 18, 2012, and Special Meeting Minutes of July 9. 2012, as presented. *Approval of 2012 -2014 Strategic Communications Plan as presented. *Approval of the Request for Surplus Property Disposal as presented. PUBLIC HEARING: Acting School Board President Peggy Rauwolf opened a Public Hearing to allow For comments from members of the community regarding the FY13 Modified Budget Recommendation. No comment was given. APPROVED: Motion to approve the FY13 Modified Budget Recommendation as presented. APPROVED: Motion to acknowledge receipt of the May 2012 Report of Revenues and Expenditures year -to -date general fund revenues in the amount of $34,480,956 and year -to -date general fund expenditures in the amount of $32,167,91 I . APPROVED: Motion to approve the 2012 -2013 Kodiak Football League Agreement as presented. APPROVED: Motion to approve 2012/2013 certificated contracts to Anthony White - MA+0/1 in the amount of $52.516 for 1.0 FTE virtual learning education technologist with the ENLIVEN program and Nievecitas V. McGuire - MA+O/0 in the amount of $49.015 plus $1313 special education stipend for 1.0 FTE school psychologist. APPROVED: Motion to adjourn. Subsequent to approval. Board of Education meeting minutes are posted on the District's website at ivww.kibsd.org and on BoardDocs at http: / /iyww. boarddocs. com /ak/kodiak/Board. nsf /Public KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — July 31, 2012 SUMMARY APPROVED: Motion to approve a 2012/2013 certificated contract to Rachael Lanigan — BA +18/5 in the amount of $59,518 for 1.0 FTE secondary orchestra teacher. APPROVED: Motion to approve a 2012/2013 administrative contract to Kathy Powers in the amount of $92,865 for 1.0 FTE principal at East Elementary School for 205 days. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted an the District's ivebsite al www.kibsd.org. KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — August 6, 2012 SUMMARY APPROVED: Motion to approve 2012 /2013 certificated contracts to Robin Mullican — MA +010 in the amount of $49,015 for 1.0 FIE teacher at Kodiak Middle School; Elizabeth Bender — MA +0/2 in the amount of $55,579 for 1.0 FTE librarian at Kodiak High School; and Stefanie Kondro — MA+0/5 in the amount of $62,581 for 1.0 FTE teacher at Kodiak Middle School. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's srebsite at tivimn.kibsdorg. Kodiak Island Borough Assembly Regular Meeting Guidelines September 6, 2012, 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 Assembly Members Bonney, Friend, and Stephens who are absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Summary of Consent Agenda Items: * Regular Meeting Minutes of August 2 and August 16, 2012. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES — None A. *Regular Meeting Minutes of August 2 and August 16, 2012. 6. AWARDS AND PRESENTATIONS A. Plaque of Appreciation to Mr. Ian Fulp, City of Kodiak Parks and Recreation Director Clerk's Note: Mr. Fulp has requested that the presentation be rescheduled to the September 20 regular meeting. 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; Toll Free is 1- 855 - 492 -9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking Kodiak Island Borough Assembly Guidelines September 6, 2012 Page 1 8. COMMITTEE REPORTS 9. PUBLIC HEARING — None. 10. BOROUGH MANAGER'S REPORT (Administrative Official Cassidy) 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts — None. B. Resolutions 1. Resolution No. FY2013 -08 Accepting the Recommendation of the Planning and Zoning Commission Approving of Certain Borough Land To Be Sold at a Future Land Sale. Recommended motion: Move to adopt Resolution No. FY2013 -08. Clerk's Note: Attached on blue paper is a corrected copy of Resolution No. FY2013 -08. Staff Report — Administrative Official Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. C. Ordinances for Introduction 1. Ordinance No. FY2013 -02 Approving a Rezone for Lot 25A, Block 7 Leite Addition from R1- Single Family Residential to R3- Multifamily Residential (P &Z Case 13 -001, Wittenbrader). Recommended motion: Move to adopt Ordinance No. FY2013 -02 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report — Administrative Official Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines September 6, 2012 Page 2 D. Other Items 1. Declaring a Seat on the Planning and Zoning Commission Vacant. Recommended motion: Move to accept, with regret, the resignation of Ms. Casey Janz from the Planning and Zoning Commission for a term to expire December 2012, and direct the Borough Clerk to advertise the vacancy per Borough Code. Staff Report — Clerk Javier Assembly discussion. ROLL CALL VOTE ON MOTION. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone number: Local is 486 -3231; Toll Free is 1- 855 - 492 -9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 15. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby The next Assembly work session will be held on Thursday, September 13 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, September 20 at 7:30 p.m. in the Borough Assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines September 6, 2012 Page 3 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET � /�(� Regular 1 /Special Date: (gip ( `r (� /d Convened: ' l • )O Recessed: Reconvened: Adjourned: BY: BY: 0 BY: l BY: V BY: C/PC SECOND: SECOND: Les SECOND: o < SECOND: U9 c'el\ y , dukc U\-1' 0c/ YES NO YES NO YES NO NES , NO YES NO Ms. Austerman / Ms. Austerman Ms. Austerman Ms. Austerman* ✓ Ms. Austerman i / Mr. Bonney ✓ Mr._13onnev Mr. Bonne± —^n. n Bo Mr. Bonney V Mr. Friend 0 ✓ M.. -F;e: ± T nen. 'r. nen. Mr. Kaplan ✓ Mr. Kaplan Mr. Kaplan Mr. Kaplan ✓` Mr. Kaplan Ms. Lynch , / / Ms. Lynch Ms. Lynch Ms. Lynch / Ms. Lynch i v Mr. Stephens v v MStephens terra . V Mr. Stephens r - Ms. Stutes ✓ Ms. Stutes Ms. Stutes Ms. Stutes Ms. Stutes I/ CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE"?' TOTAL: TOTAL: TOTAL: TOTAL: / I, 0 TOTAL: 4 1 D The mayor may t vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby « Mayor Selby Mayor Selby Mayor Selby Mayor Selby / KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET 0102001 ,/ Regular V S pecial Date: Convened: Recessed: Reconvened: Adjourned: D 1 BY: CI„ c BY: 4,}140 BY: BY: BY: SECOND: / J SECOND: UU SECOND: SECOND: SECOND: V f \ Q)‘' V ' YE NO YE NO YES NO YES NO YES NO Ms. Austerman Ms. Austerman Ms. Austerman Ms. Austerman Ms. Austerman Mr Bonney Mr. 3onney MF- Benney Mr e Mr, Fieryd- Mr Frion.l Mr. rri,.rrd Mr. Ffiertd Mr.. F - mend - Mr. Kaplan V Mr. Kaplan a t / f Mr. Kaplan Mr. Kaplan Mr. Kaplan Ms. Lynch j( ✓ Ms. Lynch *-- V Ms. Lynch Ms. Lynch Ms. Lynch Mr-Stephens 1 -- . - -. - Mr-,-Stephens Ms. Stutes / Ms. Stutes ✓ Ms. Stutes Ms. Stutes Ms. Stutes CHANGE OF VOTE? HANGE OF VOTE(((S CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE TOTAL: A h TOTAL: fl TOTAL: TOTAL: TOTAL: The mayor may not vote except in the case wh re only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH REGULAR MEETING Regular Meeting of: Seci te I �1a Please PRINT your name Please PRINT yo S- o vvi ?soi „f :/ %. \W NT fits. ,C < l \� n'