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2016-10-06 Regular MeetingPage 5 0 7 Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, October 6, 2016, 6:30 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 6. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 7. AWARDS AND PRESENTATIONS A. Domestic Violence Awareness Month Proclamation 2016 Domestic Violence Awareness Proclamation B. Filipino American National History Awareness Month Proclamation 2016 Filipino American National History Month Proclamation C. Fire Prevention Month Proclamation 2016 Fire Prevention Month Proclamation 8. COMMITTEE REPORTS Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandborough © @KodiakBorough www.kodiakak.us Page 1 of 222 9. PUBLIC HEARING 8-32 A. Ordinance No. FY2017-17 Placing A Temporary Moratorium On The Enforcement Of Those Sections Of Title 17 (Zoning) Of The Borough Code That Prohibit The Keeping Of Chickens And Other Animals Useful To People In The Rr-Rural Residential, R1 - Single -Family Residential, R2 -Two -Family Residential, And R3 - Multi -Family Residential Zoning Districts, And Initiating A Planning And Zoning Commission Review Of Title 17 (Zoning) Of The Borough Code To Consider Amendments That Will Allow Such Uses In Those Districts, And Directing Staff To Perform A Concurrent Review Of Chapter 6.04 (Animal Control) Of The Borough Code To Recommend Amendments That More Specifically Address The Control Of Chickens And Other Animals Useful To People. Ordinance No FY2017-17 and Backup Information - Pdf 10, BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 33-51 A. Contract No. FY2016-45A Amending Contract No. FY2016-45 Twin Creeks Fire Salvage Timber Sale Contract, Between A-1 Timber Consultants, Inc. And The Kodiak Island Borough, To Provide An Exception To Section 11 Timber Operations, Subsection "C", Slash Operations. Contract No FY2016-45A Timber Slash Operations - Pdf 13. NEW BUSINESS 13.A. Contracts 13.13. Resolutions 52-69 1. 'Resolution No. FY2017-02A Amending Resolution No. FY2017-02 Reestablishing The Fees for the Kodiak Island Borough. 'Resolution No. FY2017-02A - Pdf 70-72 2. "Resolution No. FY2017-11 Authorizing An Amendment To The Borough's Participation Agreement With The Public Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at ww facebook com/Kodiakislandborough © @KodiakBorough www.kodiakak us Page 2 of 222 Employees' Retirement System (PERS) Of Alaska To Exclude Seasonal Employees From Participation. Resolution No. FY2017-11 Excluding Seasonal Employees from PERS - Pdf 73-122 3. Resolution No. FY2017-13 Adopting A Capital Improvement Projects Priority List For The 2016-2017 State Legislative Session. Resolution No. FY2017-13 CIP List - Pdf 13.C. Ordinances for Introduction 123-161 1. Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, Larsen Bay Subdivision From R1 -Single-family Residential District To B -Business District (P&Z Case No. 16-038). Ordinance No. FY2017-18 and Backup - Pdf 162-185 2. Ordinance No. FY2017-19 Amending The 2008 Comprehensive Plan By Changing The Future Land Use Designation Of Lot 4, Block 3, Port Lions Subdivision From Public Land To Residential (P&Z Case No. 16-039). Ordinance No. FY2017-19 and Backup - Pdf 186-206 3. Ordinance No. FY2017-20 Rezoning Lot 4, Block 3, Port Lions Subdivision From PL -Public Use Lands District To R2 -Two -Family Residential District (P&Z Case No. 16- 040). Ordinance No. FY2017-20 and Backup - Pdf 13.D. Other Items APPEAL TO THE BOARD OF ADJUSTMENT - Board Of Adjustment Appeal - Case No. 16-010. Request A Variance To Construct A 67' Tall Telecommunications Tower That Exceeds The B -Business Zoning 50' Building Height Limit By 17' On Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 And 17.90.040) (Appellant Mark Moderow, Senior Counsel Representing Alaska Wireless Network). The BOA packet is available online at https://kodiakak.civicweb. net/filepro/documents/41737# 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. EXECUTIVE SESSION Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandborough@KodiakBorough www.kodiakak.us 91 Page 3 of 222 A. Matters Involving Negotiations With The IBEW 16. ASSEMBLY MEMBERS' COMMENTS 17. ADJOURNMENT 18, INFORMATIONAL MATERIALS (No Action Required) 18.A. Minutes of Other Meetings 207-215 1. Fire Protection Area No. 1 Board Regular Meeting Minutes Of August 16, 2016 And Womens Bay Service Area Board Regular Meeting Minutes Of August 2, 2016. Minutes Of Other Meetings 18.B. Reports 216-222 1. August 2016 Change Order Report, Other Projects Report, Project Budget Summary, and Project Contingency Summary. August 2016 Projects Reports Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at wvvw.facebook.com/Kodiakislandborough@KodiakBorough www.kodiakak.us 91 Page 4 of 222 Proclamation DECLARING OCTOBER 2016 AS DOMESTIC VIOLENCE AWARENESS MONTH WHEREAS, historically women have been and continue to be victims of violence in their own homes, with a woman beaten every 15 seconds; and WHEREAS, the problems of family violence are not confined to any group or groups of people but across all economic, racial, affectional preference, and social barriers; and WHEREAS, domestic violence can result in the emotional damage, physical harm, or death to members of the family unit, and FBI statistics show that at least 30% of all homicide victims are killed by their boyfriends or husbands; and WHEREAS, during October 2016 the Kodiak Women's Resource and Crisis Center is sponsoring Domestic Violence Awareness Month activities to focus attention on battered women and their children and to promote support of the shelters and programs that serve them; and NOW, THEREFORE, 1, Jerrol Friend, Mayor of the Kodiak Island Borough do hereby proclaim the month of October 2016 as: Domestic Violence Awareness Month in Kodiak and encourage all citizens of Kodiak to actively support and participate in the ongoing programs designed to reduce and eventually eliminate violence as a social problem. Off wilnw whereof, CF ham herewta set mp oFand and www Ihirswf to he oZwd M7ate / r ✓ i / /Y RU'ATI/T is /1 /AN�Y Y / �4tVZrawatiofr DECLARING OCTOBER 2016 AS FILIPINO AMERICAN NATIONAL HISTORY MONTH WHEREAS, Filipino American history and culture must be promoted because of the role of Filipino Americans in the history of Kodiak and Alaska; and WHEREAS, positive role models will be able to instill and teach the Filipino American youth the importance of education, ethnicity, and values of their legacy; and WHEREAS, Kodiak is fortunate to count among its population a large concentration of citizens of Filipino descent, including those who have lived in Kodiak for generations and those who are new to the Kodiak area, who contribute to Kodiak's economy and society through their commitment to professions, commerce, family, and the arts; NOW, THEREFORE, 1, Jerrol Friend, Mayor of the Kodiak Island Borough do hereby proclaim the month of October 2016 as: Filipino American National History Month as established by the trustees of the Filipino American National Historical Society. QFi1 witl/= wheimf QFIk" liaeiarm ret my &eared mid cwm 11w sad to be 4ZWd. Attaz • NT EiY/// 4��Y 11 r Prottaxativir DECLARING OCTOBER 2016 AS FIRE PREVENTION MONTH WHEREAS, the Kodiak Island Borough is committed to ensuring the safety and security of all those living in and visiting Kodiak: and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, Kodiak Island Borough residents should install smoke alarms in every sleeping room, outside each separate sleeping area, on every level of the home, and that meet the special needs of the residents: and WHEREAS, Kodiak Island Borough residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and WHEREAS, Kodiak Island Borough first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education: and WHEREAS, the 2016 Fire Prevention Month theme, "Working Smoke Alarms Save Lives: Test Yours Every Month!" effectively serves to remind us that we need working smoke alarms to give us the time to get out safely. NOW, THEREFORE, 1, Jerrol Friend, Mayor of the Kodiak Island Borough do hereby proclaim the month of October 2016 as: Fire Prevention Month and encourage all citizens to test their smoke alarms at least every month and to support the many safety activities and efforts of the Borough fire and emergency services during the month. c-vnirnc itlrncnl ��/innGn��nunr�tny C�Ene�mi,d,;n ctkusnrltoA 4Tc¢rf Lifir AGENDA ITEM O.A. KODIAK ISLAND BOROUGH AGENDA STATEMENT OCTOBER 6, 2016 ASSEMBLY REGULAR MEETING 6� TITLE: Ordinance No. FY2017-17 Placing A Temporary Moratorium On The Enforcement Of Those Sections Of Title 17 (Zoning) Of The Borough Code That Prohibit The Keeping Of Chickens And Other Animals Useful To People In The Rr-Rural Residential, 131 -Single -Family Residential, R2 -Two -Family Residential, And R3 -Multi -Family Residential Zoning Districts, And Initiating A Planning And Zoning Commission Review Of Title 17 (Zoning) Of The Borough Code To Consider Amendments That Will Allow Such Uses In Those Districts, And Directing Staff To Perform A Concurrent Review Of Chapter 6.04 (Animal Control) Of The Borough Code To Recommend Amendments That More Specifically Address The Control Of Chickens And Other Animals Useful To People. ORIGINATOR: Jack Maker FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: This ordinance was requested and is being introduced by Assembly Member Crow in an effort to address public comment supporting the keeping of chickens and other animals useful to people in residential zoning districts. Although such activities are permitted uses in three low density residential districts, they are prohibited uses in one low density district and all medium and high density districts. The ordinance places a temporary moratorium on the enforcement of Title 17 (Zoning) codes that prohibit such uses in those residential districts and initiates a Planning and Zoning Commission code review to consider amendments that would allow such uses. The ordinance also directs staff to perform a concurrent review of Chapter 6.04 (Animal Control) to recommend amendments that more specifically address the control of chickens and other animals useful to people. The temporary moratorium only applies to enforcement of Title 17 (Zoning) codes. Title 6 (Animal Control) codes that address animal cruelty, control of animals, animal waste, etc., would continue to be enforced. PURPOSE, ACTION, OR RECOMMENDED MOTION: Move to adopt Ordinance No. FY2017-17. Kodiak Island Borough Ordinance No. FY2017-17 Placing A Temporary Moratorium On Th... Page 8 of 222 AGENDA ITEM #9.A. Introduced by: Assembly Member Crow Requested by: Assembly Member Crow Drafted by: CDD Introduced: 09/152015 Public Hearing: 10106/2016 Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2017-17 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 9 BOROUGH PLACING A TEMPORARY MORATORIUM ON THE 10 ENFORCEMENT OF THOSE SECTIONS OF TITLE 17 (ZONING) OF 11 THE BOROUGH CODE THAT PROHIBIT THE KEEPING OF 12 CHICKENS AND OTHER ANIMALS USEFUL TO PEOPLE IN THE RR - 13 RURAL RESIDENTIAL, R1 -SINGLE-FAMILY RESIDENTIAL, R2 -TWO - 14 FAMILY RESIDENTIAL, AND 113 -MULTI -FAMILY RESIDENTIAL 15 ZONING DISTRICTS, AND INITIATING A PLANNING AND ZONING 16 COMMISSION REVIEW OF TITLE 17 (ZONING) OF THE BOROUGH 17 CODE TO CONSIDER AMENDMENTS THAT WILL ALLOW SUCH 18 USES IN THOSE DISTRICTS 19 20 WHEREAS, there has been a noted increase in the keeping of chickens and other 21 animals useful to people in residential zoning districts within the Kodiak Island Borough; 22 and 23 24 WHEREAS, the keeping of chickens and other animals useful to people is an agricultural 25 activity as defined by Kodiak Island Borough Code 17.25.020.A; and 26 27 WHEREAS, agricultural activities are listed as a permitted use in the low density RR1- 28 Rural Residential One, RR2-Rural Residential Two, and C -Conservation Zoning Districts; 29 and 30 31 WHEREAS, agricultural activities are not listed as a permitted use in the low density RR - 32 Rural Residential District, medium density R1 -Single-family Residential and R2 -Two-family 33 Residential Districts, and high density R3-Mulit-family Residential District and are therefore 34 a prohibited use in those districts per Kodiak Island Borough Code 17.15.080; and 35 36 WHEREAS, through public comment at several Kodiak Island Borough Assembly and 37 Planning and Zoning Commission public meetings and through other public forums (e.g.; 38 social media sites, local newspaper editorials, letters to the editor, etc.), numerous Kodiak 39 Island Borough residents have expressed their support for the keeping of chickens and 40 other animals useful to people in all residential zoning districts; and 41 42 WHEREAS, the Kodiak Island Borough Assembly recognizes that many residents rely 43 on the keeping of chickens and other animals to supplement their subsistence needs; and 44 45 WHEREAS, many municipalities across the country have recognized this need and have 46 amended their land use codes to allow the keeping of chickens and other animals useful to 47 people in low, medium, and high density residential zoning districts; and 48 Kodiak Island Borough, Alaska Ordinance No. FY2017-17 Page 1 of 3 Ordinance No. FY2017-17 Placing A Temporary Moratorium On Th... Page 9 of 222 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 AGENDA ITEM #9.A. WHEREAS, Kodiak Island Borough Code 17.205.010 provides that "Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts"; and WHEREAS, Kodiak Island Borough Code 17.205.030.A, allows the assembly to initiate proposed amendments to the regulations of Title 17 (Zoning) of the Borough Code; and WHEREAS, the Kodiak Island Borough Assembly has determined that a review of Title 17 (Zoning) of the Borough code should be conducted to investigate whether the public necessity, convenience, general welfare, and good zoning practice would be enhanced by amending the code to allow the keeping of chickens and other animals useful to people in low, medium, and high density residential zoning districts; and WHEREAS, the Kodiak Island Borough Assembly has determined that a temporary moratorium should be placed on the enforcement of those sections of Title 17 (Zoning) of the Borough code that prohibit the keeping of chickens and other animals useful to people in low, medium, and high density residential zoning districts until such time that the associated code review can be completed and recommended amendments be codified; and WHEREAS, the Kodiak Island Borough Assembly recognizes that noise created by roosters has the potential to create a nuisance that may negatively impact the rights of surrounding property owners in medium and high density residential zoning districts; and WHEREAS, the Kodiak Island Borough Assembly recognizes that smaller lot sizes within medium and high density residential zoning districts may not be capable of providing the area required for the proper keeping of livestock (e.g.; cattle, sheep, swine, horses, ponies, mules, and goats); and WHEREAS, the Kodiak Island Borough Assembly has determined that the moratorium should not apply to the enforcement of those sections of Title 17 (Zoning) of the Borough code that prohibit the keeping of roosters and livestock in medium and high density residential zoning districts. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is not of a general and permanent nature and shall not become a part of the Kodiak Island Borough Code of Ordinances. Section 2: A temporary moratorium is hereby placed on the enforcement of those sections of Title 17 (Zoning) of the Borough code that prohibit the keeping of chickens and other animals useful to people in the RR -Rural Residential, R1 -Single-family Residential, R2 -Two-family Residential, and R3 -Multi- family Residential Districts. Section 3: This temporary moratorium does not apply to the enforcement of those sections of Title 17 (Zoning) of the Borough code that prohibit the keeping Kodiak Island Borough, Alaska Ordinance No. FY2017-17 Page 2 of 3 Ordinance No. FY2017-17 Placing A Temporary Moratorium On Th... Page 10 of 222 AGENDA ITEM O.A. 99 of roosters and livestock in the R1 -Single-family Residential, 132 -Two-family 100 Residential, and R3 -Multi -family Residential Districts. 101 102 Section 4: By this ordinance, the assembly of the Kodiak Island Borough initiates a 103 Planning and Zoning Commission review of Title 17 (Zoning) of the 104 Borough code to investigate whether the public necessity, convenience, 105 general welfare, and good zoning practice would be enhanced by amending 106 the code to allow the keeping of chickens and other animals useful to 107 people in low, medium, and high density residential zoning districts. The 108 review shall be conducted in accordance with the provisions of Chapter 109 17.205 (Amendments and Changes) of the Borough Code and shall be 110 completed no later than eighteen (18) months from the date of approval of III this ordinance. 112 113 Section 5: This temporary moratorium shall expire twenty-four (24) months from the 114 date of approval of this ordinance. Should the above review result in 115 amendments to Title 17 (Zoning) of the Borough Code that allow the 116 keeping of chickens and other animals useful to people in low, medium, and 117 high density residential zoning districts, the moratorium shall expire on the 118 date the amendments are codified. 119 120 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 121 THIS DAY OF 2016 122 123 KODIAK ISLAND BOROUGH 124 125 126 127 Jerrol Friend, Borough Mayor 128 ATTEST: 129 130 131 132 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2017-17 Placing A Temporary Moratorium On Th... Ordinance No. FY2017-17 Page 3 of 3 Page 11 of 222 AGENDA ITEM O.A. Sections of Title 17 (zoning) of the Borough code applicable to Ordinance No. FY2017-17 Chapter 17.15 GENERAL PROVISIONS AND USE REGULATIONS 17 15 020 Conformity with regulations required. No building, part of a building, or any land shall be used, occupied, erected, moved, or altered unless in conformity with the provisions of this title for the district in which the building or land is located. 17 15 080 Uses prohibited unless authorized. Land uses not listed as a permitted use in a district are prohibited. Chapter 17.25 DEFINITIONS 17.25.020 A definitions. "Agricultural activities" means the production, keeping, or maintenance, for sale, lease, or personal use, of plants and animals useful to people. Chapter 17.50 C—CONSERVATION DISTRICT (Low density residential) 17 50 020 Permitted principal uses and structures. The following land uses and activities are permitted in the conservation district: A. All of the permitted principal uses and structures in the NU natural use zoning district; B. Agricultural activities and related structures, including commercial livestock grazing; with a written conservation plan between the land owner or lease holder and the Kodiak soil and water conservation district, in those areas historically established for livestock grazing consisting of the northeast portion of Kodiak Island east of a line drawn from Crag Point on Sharatin Bay to the mouth of Wild Creek in Ugak Bay, and including Chirikof Island and Sitkinak Island; Chapter 17.60 RR2 — RURAL RESIDENTIAL TWO DISTRICT (Low density residential) 17.60.020 Permitted uses. The following land uses and activities are permitted in the rural residential two district: A. Accessory buildings; Ordinance No. FY2017-17 Placing A Temporary Moratorium On Th... Page 12 of 222 AGENDA ITEM O.A. Sections of Title 17 (zoning) of the Borough code applicable to Ordinance No. FY2017-17 B. Agricultural buildings and activities; Chapter 17.65 RR — RURAL RESIDENTIAL DISTRICT (Low density residential) 17.65.020 Permitted principal uses and structures (agricultural activities not listed). The following land uses and activities are permitted in the rural residential district: A. Single-family dwellings; B. Vacation homes; C. Bed and breakfasts; and D. Hoop houses. 17.65.030 Permitted accessory uses and structures (agricultural activities not listed). A. Accessory buildings. B. Home occupations. C. Hoop houses. 17.65.040 Conditional uses (agricultural activities not listed). The following land uses may be permitted by obtaining a conditional use permit in accordance with Chapter 17.200 KIBC: A. Fireworks stands; and B. Recreational vehicle parks. Chapter 17.70 RR1— RURAL RESIDENTIAL ONE DISTRICT (Low density residential) 17.70.020 Permitted uses. The following land uses are permitted in the rural residential one district: A. Accessory buildings; B. Agricultural buildings and activities; Chapter 17.75 R1—SINGLE-FAMILY RESIDENTIAL DISTRICT (Medium density residential) 17.75.020 Permitted uses laericultural activities not listed). Ordinance No. FY2017-17 Placing A Temporary Moratorium On Th... Page 13 of 222 AGENDA ITEM #9.A. Sections of Title 17 (zoning) of the Borough code applicable to Ordinance No. FY2017-17 The following land uses and activities are permitted in the single-family residential district: A. Accessory buildings; B. Churches; C. Greenhouses; D. Home occupations; E. Parks and playgrounds; F. Single-family dwellings; and G. Hoop houses. 17 75 030 Conditional uses lagricultural activities not listed). 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; D. Vacation homes; and E. Recreational vehicle parks. Chapter 17.80 R2—TWO-FAMILY RESIDENTIAL DISTRICT (Medium density residential) 17 80 020 Permitted uses (agricultural activities not listed). The following land uses are permitted in the two-family residential district: A. Accessory buildings; B. Beauty shops; C. Churches; D. Clinics; E. Greenhouses; F. Home occupations; G. Hospitals; H. Parks and playgrounds; I. Professional offices; J. Schools; K. Single-family dwellings; Ordinance No. FY2017-17 Placing A Temporary Moratorium On Th... Page 14 of 222 AGENDA ITEM #9.A. Sections of Title 17 (zoning) of the Borough code applicable to Ordinance No. FY2017-17 L. Two-family dwellings; M. Vacation homes; N. Bed and breakfasts; and O. Hoop houses. 17.80.025 Conditional uses (agricultural activities not listed). The following land uses may be permitted by obtaining a conditional use permit in accordance with Chapter 17.200 KIBC: A. Mobile home parks. B. Recreational vehicle parks. Chapter 17.85 R3 — MULTIFAMILY RESIDENTIAL DISTRICT (High density residential) 17.85.020 Permitted uses faericultural activities not listedl. The following land uses are permitted in the multifamily residential district: A. Accessory buildings; B. Beauty shops; C. Boardinghouses; D. Churches; E. Clinics; F. Greenhouses; G. Home occupations; H. Hospitals; I. Multifamily dwellings; J. Parks and playgrounds; K. Professional offices; L. Schools; M. Single-family dwellings; N. Two-family dwellings; O. Vacation homes; P. Bed and breakfasts; Q. Mobile home parks; and R. Hoop houses. Ordinance No. FY2017-17 Placing A Temporary Moratorium On Th... Page 15 of 222 AGENDA ITEM #9.A. Sections of Title 17 (zoning) of the Borough code applicable to Ordinance No. FY2017-17 17 85 025 Conditional uses (agricultural activities not listedl. The following land use may be permitted by obtaining a conditional use permit in accordance with Chapter 17.200 KIBC: A. Recreational vehicle parks. Chapter 17.205 AMENDMENTS AND CHANGES 17.205.010 Authority. Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts. 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. 17.205.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The assembly upon its own motion; Chapter 17.210 ENFORCEMENT, PENALTIES AND REMEDIES Sections: 17.210.010 Administrative enforcement action. 17.210.020 Administrative inspections. 17.210.030 Penalties and remedies. • For provisions authorizing the assembly to prescribe penalties for violation of codified ordinances not to exceed a fine of $500.00 and imprisonment for 30 days, see AS 29.25.070. 17.210.010 Administrative enforcement action. A. The zoning officer may order: 1. The discontinuation of unlawful uses of land or structures; 2. The removal or abatement of unlawful structures, or any unlawful additions or alterations thereto; Ordinance No. FY2017-17 Placing A Temporary Moratorium On Th... Page 16 of 222 AGENDA ITEM O.A. Sections of Title 17 (zoning) of the Borough code applicable to Ordinance No. FY2017-17 3. The discontinuation of construction or other preparatory activity leading to an unlawful structure or an unlawful use of a land or structure; 4. When necessary to ensure compliance with this title, the suspension or revocation of building permits, variances, or other borough land use entitlements. B. Upon complaint by a citizen, or upon his own initiative, the zoning officer may, after investigation, initiate criminal proceedings against any person for the violation of this title. Except for prosecutions for failing to comply with an order Issued under subsection A of this section, the zoning officer shall give at least 10 days' written notice of intent to prosecute, and may initiate criminal proceedings only if the violation is not cured within the notice period. 17.210.020 Administrative inspections. In accordance with this section, the zoning officer may make inspections necessary to enforce the provisions of this title. When the zoning officer has reasonable cause to believe that in any building or on any premises there exists any violation of this title, he may enter such building or premises at any reasonable time to inspect the same or perform any of his duties under this title; provided, that where the Constitution of the United States or the state of Alaska requires that the zoning officer obtain a search warrant before making an inspection, he shall not make the inspection until authorized to do so by a search warrant issued by a court of competent jurisdiction. 17.210.030 Penalties and remedies. A. A person who violates any provision of this title, an order issued under KIBC 17.210.010(A) or any term or condition of a conditional use, variance or other entitlement Issued under this title, is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $300.00, in addition to the surcharge required to be imposed under AS 12.55.039. B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may bring a civil action to enjoin any violation of this title, any order issued under KIBC 17.210.010(A), or any term or condition of a conditional use, variance or other entitlement issued under this chapter; or to obtain damages for any injury the plaintiff suffered as a result of a violation. An action for injunction under this section may be brought notwithstanding the availability of any other remedy. Upon application for injunctive relief and the finding of an existing or threatened violation, the superior court shall enjoin the violation. C. Each act or condition violating this title, any order issued under KIBC 17.210.010(A), or any term or condition of a conditional use, variance, or other entitlement issued under this title, and each day during which the act or condition exists, continues or is repeated shall be a separate and distinct violation. D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other penalty provided for in state law or any civil remedy available to the borough. Ordinance No. FY2017-17 Placing A Temporary Moratorium On Th... Page 17 of 222 AGENDA ITEM #9.A. KIBC Title 17 (Zoning) Amendments Recommended by Assembly Member Crow (*Note: these recommendations will be provided to the Planning and Zoning Commission for consideration during their review) Proposed Code Revisions To allow the raising of chickens and livestock for personal use amend the following sections 17.15.060 Zoning compliance. Zoning compliance is required for site grading (excavation and fill), erection, construction, establishment, moving, alteration, enlargement, repair, or conversion of anybuildingor structure in any district established by this title, subject to the following: A. An application for zoning compliance will be filed with the community development department on a form provided by the department. If the application meets the requirements of this title, as verified in the department, and other applicable regulations, a permit will be issued. An as -built of the property may be required to ensure that applicable requirements can be met, when existing structures are located on the property. Any zoning compliance permit issued is subject to the same expiration, suspension, and revocation provisions as a building permit issued for the same construction project (See Uniform Building Code Section 303(d) and (e), as currently adopted under KIBC 15.05.020). B. In all cases where the commission or the board of adjustment has granted a variance to this title, the department will issue zoning compliance to allow the building work to be done in accordance with the decision, except that no permit will be issued following the granting of a variance until the time for filing an appeal has expired and it is verified that no appeal has been filed. C. No building permit shall be issued by a building official until the community development department has verified from the application for zoning compliance for a proposed building that it conforms and will be occupied for a use in conformity with the provisions and regulations of this title, except that this provision shall not apply to building permits for residential structures when no yard or height changes are involved. Any building permit issued in conflict with this title is null and void. D. A detached accessory structure or a use that is accessory to a single-family use: however, a detached accessory structure less than 200 square feet in area is exempt from this section. 17.25.020 A definitions. Ordinance No. FY2017-17 Placing A Temporary Moratorium On Th... Page 18 of 222 AGENDA ITEM #9.A. KIBC Title 17 (Zoning) Amendments Recommended by Assembiv Member Crow (`Note: these recommendations will be provided to the Planning and Zoning Commission for consideration during their review) "Agricultural activities" means the production, keeping, or maintenance, for sale, lease, or personal use, of plants and animals useful to people. "Airport elevation" means the established elevation of the highest point of the usable landing area. Airport, Municipal. "Municipal airport" means the City of Kodiak Municipal Airport and Lilly Lake. Airport, Utility. "Utility airport" means any airport in the borough designed and/or constructed to serve aircraft in approach categoryA (speed less than 91 knots). "Alley" means a public way designed and intended to provide only a secondary means of access to any property abutting thereon. "Alteration" means any change, addition, or modification in the construction, location, or use classification. "Animal" A. Domesticated animal and pets. Any animal customarily kept for companionship, including but not limited to dogs, cats, birds, fish, rabbits, ferrets, gerbils, hamsters, turtles, and similar. Domestic pets include chickens (no roosters), ducks, or rabbits. B. Exotic, wild, or vicious animal. Any species of animal not considered domestic or livestock, including but not limited to alligators, badgers, bears, beavers, bobcats, cheetah, cougars, coyotes, hawks, jaguars, kangaroos, lions, lynx monkeys, mink, opossums, owls, porcupines, prairie dogs, raccoons, skunks, tigers, wolverines, wolves, wild hybrids, or the offspring of any animals that have been bred to a wild animal, poisonous, and nonpoisonous reptiles, spiders, insects, and endangered species. C. Livestock. Horses, ponies, donkeys, and similar equine; cattle, bison, deer, elk, sheep goats llamas, and similar ruminants and cervidae, swine, yaks, poultry and fowl (other than domestic chickens or ducks), if allowed in the zoning district) and other domestic animals usually, but not always, kept or raised on a farm. Domesticated animals or pets and exotic, wild, or vicious animals shall not be considered livestock. Apartment House. For "apartment house," see "Dwelling, multiple -family," KIBC 17.25.050. "Approach surface" means an approach surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of a runway. The Ordinance No. FY2017-17 Placing A Temporary Moratorium On Th... Page 19 of 222 AGENDA ITEM O.A. KIBC Title 17 (Zoning) Amendments Recommended by Assembly Member Crow ('Note: these recommendations will be provided to the Planning and Zoning Commission for consideration during their review) inner edge of the approach surface is the same width as the runway and it expands uniformly to a width of 1,500 feet of each end of the runway. The approach surface extends for a horizontal distance of 5,000 feet at a slope of 20:1. No building or structure may be constructed or erected nor may any other object be stored or placed in such a manner as to protrude into the approach surfaces. A. The approach surfaces for the municipal airport extend upward and outward from the south end of the existing lake surface (towards Larch Street) and the north end of the gravel runway (Von Scheele Way) only. "Automobile wrecking" means the dismantling of used motor vehicles or trailers or the storage or sale of parts from dismantled or partially dismantled, obsolete, or wrecked vehicles. [Ord. 93-66 §3,1993; Ord. 87-09-0 §§3, 5, 6,1987; prior code Ch.5 subch. 2 §98. Formerly §§17.06.011-17.06.0501. 17.160.020 Definition. "Accessory building' means A. A detached building, the use of which is appropriate, subordinate and customarily incidental to that of a main building, located on the same lot as the main building and which is not designed or intended to be used for living or sleeping purposes. B. An accessory building shall be considered to be a part of the main building when joined to the main building by a common wall not less than four feet long or by a roofed passageway which shall not be less than eight feet in width. C. Any structure, regardless of type of foundation or base support, including skid - mounted or other movable structure that also requires a building permit for construction (for example, structures where the pFeje6ted ""'` "'^' ...,......a.. "n 66161@Fe feet structure foot print exceeds 200 square feet). A minor structural development that does not require a building permit is not regulated by this chapter. D. A nonmotorized container van when used for the sole purpose of storing emergency response equipment in the Kodiak Island Borough and not placed on a permanent foundation. [Ord. 2001-01 §2, Ordinance No. FY2017-17 Placing A Temporary Moratorium On Th... Page 20 of 222 AGENDA ITEM #9.A. KIBC Title 17 (Zonino) Amendments Recommended by Assembly Member Crow ("Note: these recommendations will be provided to the Planning and Zoning Commission for consideration during their review) 17.160.030 Permitted districts. A. Accessory buildings are permitted in all land use districts that specifically allow for them. B. 1R e ieleAN.J 29..i. g d! t. ,rt. . aesessep�, Wilahg ball be is sated .... aRy iet l.. the Ak)q...,.....f P -.....L. 1...:1.1:..,.used as a FesiL.-..........eeptthAti14*h,. PAW Pf RYRGaRt let SAMPtiMP .....li. Ree and a buildi..,. peFFRit ,..,J fQr a F,.,.i,J..R9e. The following accessory structures are permitted on lots used and zoned for residential uses: 1. Attached or detached garages 2. Storage sheds or other detached storage buildings 3. Accessory greenhouses 4. Hoop houses 5. Banvas 6. Smokehouses 7. Porches, decks, balconies, and ADA access ramps B. Hot tubs 9. Livestock shelters, where permitted, subject to KIBC 17 10. Similar accessory structures approved by the department C. An accessory building as defined by KIBC 17.160.020(D) is permitted in all zoning districts with authorization from the local municipality and issuance of a zoning compliance permit. 17.161 Domesticated Animals. Pets & Livestock for personal use D. In the R-1, R-2, and R-3 zoning districts, up to five dogs, cats, or other domestic animals, aged six months or older are permitted provided that the animals are not kept for commercial purposes. In the RR -1, RR -2, CR -2, CR -5, PR, C. and V zoning districts, up to ten domesticated animals are permitted provided that the animals are not kept for commercial purposes. E. Chickens, Ducks, and Rabbits. No more than twelve chickens, ducks, or rabbits or any combination up to twelve shall be allowed per lot in the R-1, R-2, or R-3 zoning districts, subiecttothe followingreguirements: Ordinance No. FY2017-17 Placing A Temporary Moratorium On Th... Page 21 of 222 AGENDA ITEM #9.A. KIBC Title 17 (Zoning) Amendments Recommended by Assembly Member Crow ('Note: these recommendations will be provided to the Planning and Zoning Commission for consideration during their review) • Afence or other structure which is adequate to contain the animals, their waste, and litter shall be maintained at all times. • Adequate measures shall be taken to properly dispose of animal wastes and litter. • The presence of these animals does not create undue noise or odors such as would create a nuisance or diminish the residential nature of the neighborhood. • Hen houses coops hutches and chicken tractors shall be restricted to the backyard area of the lot. • Any chicken coops chicken tractors or rabbit hutches shall be setback at least 10' from_ side and rear property lines and five feet from other structures. including decks. • Keeping chickens ducks and rabbits as domesticated animals or pets within the City of Kodiak is regulated by Chapter 7.04 Kodiak City Code. • Keeping chickens ducks and rabbits as domesticated animals or pets outside of the City of Kodiak is also regulated by Chapter 6.04 KIBC. F. Livestock shall be raised and kept for personal use only. Any food, fur, or other Products shall be kept used or consumed by the family residing on the same Property. This shall not be construed to Prevent the private sale of Products such as eggs, milk, wool, etc. which are produced in volumes greater than that which can be reasonably expected to be used or consumed bythe family nor shall it Prevent the sale of animals born to livestock kept for personal use provided that livestock are not kept for commercial breeding or other commercial Purposes. 1. Animals kept for livestock must be completely enclosed in a fenced area that is of suitable height and construction to contain the animals subjectto the requirements of KIBC 17.140.090. A low- voltage electrified fence is Permitted, subjectto the following: a. Voltage shall not exceed 10,000 volts in Pulses. Fences and charging systems must meet UL and federal safety standards. b. The electrified fence shall display warning signs mounted on the fence every 40 feet or less. 2. All waste including manure shall be managed sot ere are no unsanitary or unsafe conditions. 3. Any agricultural building used to shelter livestock shall be considered an accessory structure and must at minimum be a rigid structure designed to withstand normal wind and snow loads. Ordinance No. FY2017-17 Placing A Temporary Moratorium On Th... Page 22 of 222 AGENDA ITEM #9.A. KIBC Title 17 (Zoning) Amendments Recommended by Assembly Member Crow ("Note: these recommendations will be provided to the Planning and Zoning Commission for consideration during their review) 4. Horses and other equine and cattle and other bovine with a mature animal weight of 55 pounds or greater may not be raised on a lot less than 20.000 square feet in area. There is no minimum lot area for other types of livestock. 5. Keeping of livestock shall comply with KIBC Title 6. Animals and any applicable state and federal requirements. 6. The requirements of this section do not aoplvto permitted commercial agricultural operations. Ordinance No. FY2017-17 Placing A Temporary Moratorium On Th... Page 23 of 222 AGENDA ITEM #9.A. Judy Hamilton i 3946 Woodland Drive i Kodiak, AK 99615 i AUG 18 2016 judehamilton@hotmail.com 907 654-4666 �--- ---.-- aGRJJ6H KGOIAK, AALAA,S A SKA August 18, 2016 The Honorable Jerrol Friend, Borough Mayor of Kodiak Island And Members of the Kodiak Island Borough Assembly Kodiak Island Borough 710 MITI Bay Road Kodiak, AK 99615 Dear Mayor Friend and Members of the Borough Assembly: I am writing out of concern for some friends and neighbors who have recently been served notice of apparent violations of some Title 17 Borough codes regarding the keeping and housing of livestock, namely chickens. I understand that these are codes that persist from the tabled revision process of a couple of years ago, a process that stalled because of a vocal populace who, among other things, did not agree that the number of chickens allowed in some Kodiak neighborhoods should be governed by the Borough. As a result of public outcry and the subsequent tabling of the revision process, we were left with old rules that apparently prohibit the keeping of any number of chickens or any animals considered livestock in zones near the city other than RR1. While I applaud the Borough's previous efforts revising code to include the construction and use of hoop houses virtually anywhere on the Island, I feel that the total exclusion of livestock unnecessarily and unfairly limits the ability of citizens to live sustainably. It goes without saying that, as an island community, we are necessarily more limited in the availability of fresh food than the more connected communities on the mainland and the rest of the country. It is not uncommon, especially during winter, for Safeway shelves to be nearly bare of perishables, including eggs and dairy. We choose to live here for the abundant resources outside our door, available to those of us willing to acquire them: game, fish, berries galore. My work Includes the feeding of my family, friends, and neighbors directly through the Kodiak Bounty Cooperative, through the Kodiak Farmer's Market, and in the sharing and trading of the fruits of my labors elsewhere in the community. I am also directly connected to the sharing of information and teaching of skills to community members through the 4H Garden Club and Small Animals Club and through the Strawberry Fields Garden Center. My passion is in assisting and enabling everyone I can in learning how to provide for themselves, be it gardening or animal husbandry, food growing or preservation. These are skills I believe to be essential to responsible living on this earth and, I would argue, are key to real social security: if as many of us as possible are individually able to provide for ourselves, and have skills complementary to our neighbors', we are able to care for each other in any situation, whether temporary or otherwise. I am heartened daily by the surge of interest I see within our isolated community, Ordinance No. FY2017-17 Placing A Temporary Moratorium On Th... Page 24 of 222 AGENDA ITEM O.A. both In adults and children, to gain these skills. We are all better off In a resilient community that can only be created by us all. To prevent our people, therefore, from taking the initiative and responsibility for their own feeding is to deny them very basic rights, and is especially Ironic In an economically challenged Lmmunity such as we have here in Kodiak. In some cases, our neighbors depend on the re I(a6fe proteln source that is their flock of chickens for their family's sustenance and as income. There is no more deplorable message to send to a child than one of their government, here to serve and protect them, instead depriving them of such a right. There are children right now in this community threatened by this outdated and senseless rule, whether by losing their beloved pets and their small businesses, or by losing a treasured food source. This is the wrong message and is just plain bad for our community. I Implore you to revise Title 17 to allow the keeping of livestock in all zones requisite on the residents' following responsibly established guidelines. If the concern is one of noise, enforce the noise ordinance. If it is one of eyesore or smell, provide guidelines for aesthetics that a responsible homeowner or resident can conceivably follow. Make it possible for those of us actively striving to make our community as livable and attractive as possible to continue our work and to keep Kodiak the gem it is. I am available to assist in this process in whatever way possible. Invest in the security of our island community and strive to help rather than hurt those willing to use their initiative, time, and energy to improve their lives. Sincerely, �4 , Judy Hamilton Ordinance No. FY2017-17 Placing A Temporary Moratorium On Th... Page 25 of 222 AGENDA ITEM #9.A. Ordinance No. FY2017-17 Placing A Temporary Moratorium On Th... Page 26 of 222 ISII L/L J 1OA i� i I• . _� moi' I, / /// • / /Il. •u I � I/ _ �. ! / r r I / I I • I . •, `. IM INA L... , 1 � • ri IM "4MR-04 IIA 1 11. M _! Ordinance No. FY2017-17 Placing A Temporary Moratorium On Th... Page 26 of 222 AGENDA ITEM #9.A. Ordinance No. FY2017-17 Placing A Temporary Moratorium On Th... Page 27 of 222 S8 ,ofl' .218 i vko. Y\ a42-54 l J 9 yz,-ssL)G - 0�-651 Ordinance No. FY2017-17 Placing A Temporary Moratorium On Th... Page 27 of 222 AGENDA ITEM #9.A. From: Meaaan Chdstlanwn To: clek5 Subject: FW: Onlhte Form Submieal: Comments & questions Date: Monday, September 12, 2016 8:03:30 AM The following comments came via the website From: noreply@dvicplus.com [maiko:noreply@civicplus.camj Sent: Sunday, September 11, 2016 12:07 PM To: Meagan Christiansen Subject: Online Form Submittal: Comments & Questions Comments & Questions Please complete the online form below to submit your comments. Contact Information Name: Christine Ford Address: 12433 S. Russian Crk Rd City: Kodiak State: AK Zip: 90615 Home Phone Number: 907.639-1614 Daytime Phone Number: Field not completed. Email Address: b tisflatcoo dtrvralvnoo rm Comments & Questions: I am writing to the Borough Assembly requesting that they put a moratorium on enforcing the current codes of poultry and livestock until P&Z has a chance to change them to reflect what the public wants in the codes. Ordinance No. FY2017-17 Placing A Temporary Moratorium On Th... Page 28 of 222 AGENDA ITEM O.A. Laurie Pardoe From: Elana White <strawberryfields@gci.net> Sent: Monday, September 12, 2016 7:19 PM To: Nova Javier Subject: FW: Kodiak Farm Bureau livestock issue Attachments: Letter to KIB re poultry on R1, R2. R3 lots.docx Here it is Nova. From: Elana White(mailto:strawberrvfieldsCalaci.netl Sent: Monday, September 12, 2016 8:43 AM To: 'njavier@kodiakak.us' Cc: Barbara Hoedel; Brian Himelbloom; Chris Flickinger; Christine Ford ; Duncan Fields; Esley Ottesen (eslevCn7comcast.netl; Frank Bishop; Joe Dinnocenzo; Kathy Burton ; Marie Rice; Mark & Joan Levenson; Mia Ottesen; Paulette Selkirk; Roberta Vennel; Todd Donnan Subject: Kodiak Farm Bureau livestock issue Nova, Please find & forward to the Assembly members the attached letter regarding current issues with livestock. Sincerely, Lorne White Kodiak Farm Bureau Ordinance No. FY2017-17 Placing A Temporary Moratorium On Th... Page 29 of 222 AGENDA ITEM #9.A. Date: September 12, 2016 To: Kodiak Island Borough Assembly From: Lorne White President, Kodiak Farm Bureau Subject: Borough Code issues on RI, R2 and R3 lots with domestic livestock. The Kodiak Farm Bureau is an advocate of individuals raising birds and other livestock for personal and farm use. We support the concept of food security for our community as a significant component of our well being. Many people supplement their diet and income with poultry, livestock, fish and game. It is an integral part of who we are as island people. We are concerned that Kodiak Island Borough (KIB) staff have a bias against livestock of all types in this community. We were left with this observation after many work sessions on the late defunct "Comprehensive Plan". While the plan has died, staff remains - - and so does their bias against livestock. We request that you put a moratorium on code changes regarding poultry and livestock and that you direct staff to focus on public safety enforcement only under animal control. Ordinance No. FY2017-17 Placing A Temporary Moratorium On Th... Page 30 of 222 AGENDA ITEM O.A. Laurie Pardoe From: Corinne Ferre <corinne@kodiaksoilandwater.org> Sent: Tuesday, September 13, 2016 11:41 AM To: Carol Austerman; Frank Peterson, Jr.; Aaron Griffin; Chris Lynch Cc: Blythe Brown; Nova Javier Subject: KSWCD letter concerning chickens Attachments: KSWCD letter concerning chickens.pdf.pdf Hello Nova, Here's a letter written by the Kodiak Soil and Water Conservation District in regard to zoning R1, R2 and R3 lots for chickens. Thank you, Corinne Corinne Estelle Ferre' corinne@kodia ksoilandwater.ore 907-486-5574 Ordinance No. FY2017-17 Placing A Temporary Moratorium On Th... Page 31 of 222 AGENDA ITEM #9.A. Kodiak Soil & Water Conservation District 518 West Marine Way. Suite 206. Kodiak. Alaska 99615 (907) 486-5574 September 12, 2016 Dear Kodiak Island Borough Assembly, The Kodiak Soil and Water Conservation District (KSWCD) is writing in response to the recent issue concerning chickens on R1, R2, and R3 lots. The KSWCD is in favor of individuals raising chickens and other livestock for personal and farm use. Kodiak residents have been supplementing their diet with poultry (eggs and meat) and livestock for many years; we do not want to see this stopped. This issue affects more than just the people living on the R1, R2, and R3 lots that raise poultry; it also affects the customers that buy their extra eggs. KSWCD supports ordinance FY2017-17 which places a temporary moratorium on enforcement of those sections of Title 17 of the Borough Code that prohibit the keeping of chickens and other animals useful to people. We request this moratorium stay in place until such time that Planning & Zoning has time to listen to public input and set up codes that meet the needs of the people of Kodiak in raising their own poultry and livestock. We recommend the revised codes focus on management of the poultry and livestock, i.e. odor, sound, maintenance, neglect etc. rather than a specific number of animals, These codes should be enforced under Animal Control. Thank you for your time. Sincerely, Ac-h") li,s, f- r�jt:n��Z• Kodiak Soil and Water Conservation District Board of Supervisors Ordinance No. FY2017-17 Placing A Temporary Moratorium On Th... Page 32 of 222 AGENDA ITEM #12.A. KODIAK ISLAND BOROUGH AGENDA STATEMENT OCTOBER 6, 2016 o� <• AY ASSEMBLY REGULAR MEETING �v TITLE: Contract No. FY2016-45A Amending Contract No. FY2016-45 Twin Creeks Fire Salvage Timber Sale Contract, Between A-1 Timber Consultants, Inc. And The Kodiak Island Borough, To Provide An Exception To Section 11 Timber Operations, Subsection "C", Slash Operations. ORIGINATOR: Duane Dvorak FISCAL IMPACT: No FUNDS AVAILABLE: No Account Number: Amount Budgeted: SUMMARY STATEMENT: This item was postponed at the regular meetings of September 1st and September 15th. As part of the Salvage Timber Sale in Chiniak, the creation of slash piles within 500 feet of residential properties, the library/emergency shelter parcel and "unit cutting lines" is not permitted under KIB Contract No. FY2016-45, Section 11.C. For this reason staff is recommending an amendment to the contract to reduce the setback to be 200 feet. In addition, the references to library/emergency shelter site and "unit cutting lines" were also recommended to be deleted. Because the 500 foot setback is beyond the logging road behind the identified residential properties, the contractor has been planning to "well scatter" the slash in this area rather than move it and pile it beyond the 500 foot setback. This has also created a potential problem in that A-1 will not consider the clearing of fire damaged timber on adjoining privately owned lots unless an amendment to the contract is provided to reduce the slash pile setback to 200 feet and the assembly to expressly allow the additional slash from adjoining residential properties to remain on borough land. Staff has added a memorandum dated September 9th which discusses when certain language addressing slash pile setbacks was added to the contract. Also, there was a request to determine what the term "unit cutting lines" referenced in the contract was intended to address. In addition to the memo, staff has provided a copy of the original map from the Detailed Plan of Operations and an email from the borough attorney that was generated as part of an expedited contract review. Note: The initial submittal for this agenda item was prepared on information relayed through the borough's forest management consultant. Staff put the information together for the original agenda item and copied it to A-1 Timber. A-1 Timber requested to have further input to clarify the implications of the contract language in order to facilitate a reasonable compromise. Staff has modified the motion below to recommend adoption of the Substitute Version 2 contract amendment. Postponements: September 1, 2016 Kodiak Island Borough Contract No. FY2016-45A Amending Contract No. FY2016-45 Twin... Page 33 of 222 AGENDA ITEM #12.A. KODIAK ISLAND BOROUGH AGENDA STATEMENT OCTOBER 6, 2016 ASSEMBLY REGULAR MEETING w" 1v September 15, 2016 RECOMMENDED MOTION: The motion is on the floor which is to "Move to amend Contract FY2016-45 Twin Creeks Fire Salvage Timber Sale Contract Section 11, Timber Operations, Subsection "C" Slash Operations, between A-1 Timber Consultants, Inc. and the Kodiak Island Borough, by adopting the contract amendment identified as Substitute Version 2 of KIB Contract FY2016-45A. " Kodiak Island Borough Contract No. FY2016-45AAmending Contract No. FY2016-45 Twin... Page 34 of 222 AGENDA ITEM #12.A. '� Ko&ak Island Borough OFFICE of the MANAGER 710 Mill Bay Road, Room 108 Kodiak, Alaska 99615 - Phone (907) 486-9304 Fax (907) 486-9374 E-mail: dd,..k Wkn&AA.us To: KIB Assembly Mayor Jerrol Friend, Chair From: Duane Dvorak, Resource Management Officer Date: September 9, 2016 Re: Discussion of Unit Setbacks Language in KIB Contract FY201645 At the Assembly work session on September 8, 2016, regarding a request to amend Section I LC of the above referenced contract, staff was requested to provide additional background information surrounding the reference to "units cutting lines" in the last sentence of Section I LC in KIB Contract FY201645,. Staff has reviewed the contract drafting timeline to try and pinpoint where the reference was added and by whom. The section of contract under review reads as follows: Section 11. Timber Operations ...C. Slash Disposal. All accumulations offorest products that do not meet the definition of Merchantable Timber shall be either well scattered or piled so to minimise occupation afreforestable ground. A-1 must comply with all applicable AFRPA lmrs and regulations, including 11 AAC 95.370, relating to the disposal or accumulation of slash A-1 will take reasonable measures to reduce slash in the Timber Sale Area. Reasonable measures to reduce slash include removing logs that do not meet the definition of Merchantable Timber to the sort yard at Bruhn Point, stacking logs that may be suitable for fireivood in the Timber Sale Area, concentrating slash piles within the Timber Sale Area, and not creating slash piles within 500' of identified residential properties, the tsunami shelter/library lot, or the unit culting lines. (Emphasis Added) Staff developed the original draft contract language based on a model provided by the State of Alaska Division of Forestry and upon a draft contract that was also provided by A-1 Timber. Staff melded the two documents together to create the original draft contract which was then further refined by staff and other stakeholders, including the community, the assembly and A-1 Timber. Contract No. FY2016-45AAmending Contract No. FY2016-45 Twin... Page 35 of 222 AGENDA ITEM #12.A. Page 2 of 2 On April 13, 2016, the draft contract was sent to the borough attorney for review and at that time it did not contain the language of the last sentence and it read as follows: 11. TIMBER OPERATIONS... C. Slash Disposal. All accumulations of forest products that do not meet the definition of Merchantable Timber shall be either well scattered or piled so to minimize occupation of reforestable ground. A-1 must comply with all applicable AFRPA laws and regulations, including 11 AAC 95.370, relating to the disposal or accumulation of slash. On April 20, 2016, the borough attorney sent an email to Acting Manager, Bill Roberts providing comments on a number of contract sections including Section 1 I.C. In those comments, the attorney said about Section 11.C: [Comment] (9) Under Section I I Timber Operations (C) Slash Disposal (page 6) A-1 has added some sentences regarding its reasonable measures to reduce slash. Although staff was unable to find a more detailed attorney memorandum or letter, it appears from this email that negotiations continued to occur through the borough attorney after the original draft contract was completed by staff. Staff was able to speak with the borough attorney who was away from the office last week. He indicated that during the review process additional language was submitted by A-1 through their counsel to address community concerns. The term "unit cutting lines" is not defined, but is most likely intended to indicate "unit lines" as provide in the Detailed Plan of Operations (DPO). (A copy of the DPO map is provided for reference.) Unit lines are located along anadromous streams, geographical references and property boundaries within the salvage area. Unit lines define areas primarily used by the Alaska Division of Forestry to regulate the salvage harvest. As noted at the previous work session, a 500 or even 200 foot setback from the external boundaries common with Leisnoi Corp. lands is unnecessary given that Leisnoi has already harvested their lands with no observable setbacks for slash piles. This might have been an issue is the lands were unharvested or if there were other land uses such as residential or commercial uses there. According to the proposed drawing submitted by A-1, they indicate a 200 foot setback from the exterior boundaries of identified residential properties and from the Library/Emergency Shelter lot. Staff has verified that at least two of the affected property owners with fire damaged timber are interested in having their sites cleared of damaged timber. Staff believes that the contract should be interpreted as written, regardless of how the language came to be in the contract. In the alternative, the contract can be amended by mutual agreement of the parties. The original language of the contract referenced to a 200 foot setback for slash piles and "identified residential properties" seems to be the priority, followed by the Library/Emergency Shelter lot. Unit cutting lines does not appear to be a concern on par with the prior two. Contract No. FY2016-45AAmending Contract No. FY2016-45 Twin... Page 36 of 222 u H AGENDA ITEM #12.A. MON ill "1w 1'SOMM L - Geoelm: Gk. ae j . w Contract No. FY2016-45AAmending Contract No. FY2016-45 Twin... Page 37 of 222 m m N N n n > a MON ill "1w 1'SOMM L - Geoelm: Gk. ae j . w Contract No. FY2016-45AAmending Contract No. FY2016-45 Twin... Page 37 of 222 AGENDA ITEM #12.A. AGENDA ITEM # Nova Javier From: Bill Roberts Sent Thursday, April 21, 2016 10:09 AM To: Nova Javier Subject FW: KIB Salvage Timber contract Nova, this is Joe Levesque's email concerning the agreement and a short response from me. The change concerning the indemnification was made in the final draft. - Bill —Original Message— From: Joe Levesque (mailto:joe@levesquelawgroup.comj Sent: Wednesday, April 2O, 20167:06 PM To: Bill Roberts Cc: 'Shelley Garay Subject: Re: KIB Salvage Timber contract OK, that makes sense, thanks. Joe Sent from my iPhone > On Apr 20, 2016, at 6:42 PM, Bill Roberts <broberts@kodiakak.us> wrote: > Thanks Joe. Exhibit D & E were deleted by staff. Ex D has been modified and incorporated into the language of the contract including no reforestation as part of the contract. F referenced a map. > Sent from my phone >> On Apr 20, 2016, at 5:27 PM, Joe Levesque <joe@levesquelawgroup.com> wrote: >> Bill: >> I have had an opportunity to review the A-1 proposed changes to the >> Timber Sale Agreement and approve it as to form. I do note that there >> are many changes being proposed and some are significant changes, >> they are outlined >> below: >> (1) Exhibits D, E and F have been dropped from the Agreement. (2) Under Summary of the Agreement (page 2) the term has been >> changed from 11 months to 12 months and the dates have been changed >> accordingly. >> (3) Under Sec. 2 Definitions (page 3) Paragraph 1 "Road Standards", >> the part describing Exhibit E (Road Construction and Maintenance >> Requirements) has been deleted. >> (4) Under Sec.3 Sale of Merchantable Timber with Phytosanitary 1 Page 7 of 574 Contract No. FY2016-45AAmending Contract No. FY2016-45 Twin... Page 38 of 222 AGENDA ITEM #12.A. AGENDA ITEM # - >> Certificate (page 3), in the first sentence the part about A-1 >> defining the northern boundary etc. has been deleted. >> (5) Under Sec. 4 Reservations (page 4), the last 2 sentences >> referencing Exhibit D and certain Categorical Conditions has been deleted. >> (6) Under Section 6 Term of Contract (page 4), the termination date » has been moved up one month from March 31, 2017 to April 30, 2017. >> (7) Under Section 7 Payments (page 5) the payment terms have been >> modified by A-1. This appears to be related to when the weekly >> certificates of scale are issued. >> (8) Under Section 9 Submission of Detailed Plans of Operation (page >> 5) the last 4 sentences requiring A-1 to advise RIB of any variations >> from AFRPA requirements has been deleted. >> (9) Under Section 11 Timber Operations (C) Slash Disposal (page 6) >> A-1 has added some sentences regarding its reasonable measures to » reduce slash. >> (10) Under Section 11 Timber Operations (E) Reforestation (page 6) >> A-1 has deleted the part about setting aside funds as a Reforestation >> fund and replaced that part with the following: "This Contract Is a >> sole source contract, and any reforestation contract will be by a >> competitive bit process that A-1 may participate in. A-1 will work >> with the successful bidder to reasonable accomplish reforestation." >> (11) Under Section 11 Timber Operations (P) Roads (page 6) A-1 has >> changed the language and added the following: "A -I shall obtain the >> necessary permit from the Alaska Department of Transportation for the >> proposed intersection of the logging road a Capelin Creek and the >> Chiniak Highway. All borrow and waste areas utilized in the >> construction or maintenance of the roads and facilities by A-1 >> require the submittal of development plans and approval by the KIB >> prior to development. A-1 shall not create any borrow pits within >> 100' of identified residential properties of the tsunami/library lot. >> Unless otherwise requested by the KIB, A-1 shall reclaim borrow pits in a manner to allow reforestation by the KIB." >> (12) Under Section 11 Timber Operations A-1 has added (Q) Hours and >> Manner of Operation (page 8) and (R) Additional Harvesting Requests >> and Additional Reservations (page 8). >> (13) Under Section 12 Risk Management (A) Indemnification I >> recommend that the following language be added at the end of the clause: >> delete the period and add a comma followed by "including, but not >> limited to, all damages arising out of hazardous material spills." >> (14) Under Section 17 Notices and Parties' Representatives (page 12) >> A-1 has deleted the sentences KIB had (the very last part of Section >> 17) and added the following: " Initial communication from the RIB Z Page B of 574 Contract No. FY2016-45AAmending Contract No. FY2016-45 Twin... Page 39 of 222 » about significant deficiencies or defects in A -I's operation maybe » communicated verbally by the KIB at the time of observation. A-1 >> will reasonable begin remedial actions as soon as practicable and >> consistent with the requirement of this Contract and the Law. These >> communications between the KIB and A-1 will be subsequently chronicled in writing." >> Those are the changes that were noted in comparing the two versions >> of the Timber Salvage Agreement. Many of the deletions and added >> language will probably not affect the work performed. However, the >> deletion of the 3 Exhibits and the change in the duty to set aside >> funds for reforestation appear to be significant changes. >> Let me know whether you have any questions or comments. >> Thanks, >> Joe >> Joseph N. Levesque >> LEVESQUE LAW GROUP, LLC >> 3380 C Street, Suite 202 >> Anchorage, Alaska 99503 » (907) 261-8935 >> (907) 261-8931 (Direct line) >> (907) 230-8126 (cell) >> Email: joe@levesquelawgroup.com This transmittal may be a confidential attorney-client communication >> or may otherwise be privileged or confidential. If you are not the >> intended recipient, you are hereby notified that you have received >> this transmittal in error and that any review, dissemination, distribution or copying of this >> transmittal is strictly prohibited. If you have received this >> communication in error, please notify us immediately by reply or by >> telephone (collect at 907-261-8935) and immediately delete this >> message and all of its attachments. Thank you. >> --Original Message-- » From: Bill Roberts [mailto:broberts@kodiakak.us] >> Sent: Wednesday, April 20, 2016 3:40 PM >> To: Joe Levesque; Bill Roberts >> Subject: Fwd: KIB Salvage Timber contract >> Joe please email if you received this with attachments >> Sent from my phone >> Begin forwarded message: >> From: Tom Loushin <tom@altimber.net<mallto:tom@altimber.net>> AGENDA ITEM #12.A. AGENDA ITEM # Page 9 of 574 Contract No. FY2016-45AAmending Contract No. FY2016-45 Twin... Page 40 of 222 AGENDA ITEM #12.A. AGENDA ITEM # >> Date: April 20, 2016 at 3:19:05 PM AKDT >> To: Bill Roberts<broberts@kodiakak.us<mailto:broberts@kodiakak.us>> >> Subject: KIB Salvage Timber contract >> Bill >> See Attached timber salvage contract this contract in its form is >> ready for A1Timber signature. » >> Best regards, >> Tom Loushin >> A-1 Timber Consulmnts,lnc. Office: 907-486-8733 >> Fax: 907-487-1936 >> tom@altimber.net<mailto:tom@altimber.net> Page 10 of 574 Contract No. FY2016-45AAmending Contract No. FY2016-45 Twin... Page 41 of 222 AGENDA ITEM #12.A. Kodiak Island Borough OFFICE of the MANAGER 710 i`lill Bay Road, Room 101 Kodiak, Alaska 99615 Phone (907) 486-9304 Fax (907) 486-9374 E-mail: dd<umk�ikodiakakus Date: August 29, 2016 To: Jenol Friend, Mayor Members of the Assembly Through: Michael Powers, Manager From: Duane Dvorak, Resource Management Officer RE: Substitute Version 2 of an amendment of Contract FY2016-45, regarding a 500' buffer for slash piles. Contract FY2016-45 has a provision that addresses concerns about the disposition of slash waste produced as a by-product of the salvage timber harvest process. Section 11.0 of the contract reads as follows: Section 11. Timber Operations... ... C. Slash Disposal. All accumulations of forest products that do not meet the definition of Merchantable Timber shall be either well scattered or piled so to minimize occupation of reforestable ground. A-1 must comply with all applicable AFRPA laws and regulations, including 11 AAC 95.370, relating to the disposal or accumulation of slash. A-1 will take reasonable measures to reduce slash in the Timber Sale Area. Reasonable measures to reduce slash include removing logs that do not meet the definition of Merchantable Timber to the sort yard at Bruhn Point, stacking logs that may be suitable for firewood in the Timber Sale Area, concentrating slash piles within the Timber Sale Area, and not creating slash piles within 500' of identified residential properties, the tsunami shelter/library lot, or the unit cutting lines. (Emphasis Added) A previously mentioned in the original agenda statement for this request, A-1 Timber has been requested to do salvage logging for adjoining residential property owners whose properties were substantially affected by the fire. It would be more efficient and neighborly to bring the timber out through borough land where the roads and infrastructure are already established. This would involve having the timber limbed and topped on borough land behind the lots in question and create slash piles within 500 feet of those same residential properties. In the original version of the proposed amendment, staff suggested that a modification of the slash pile buffer could be considered as an exception to the provision as originally set forth. In discussing this matter further with A-1 and after re-evaluating the original contract language, it appears that it might be easier and simpler to simply change the setback from 500 feet to 200 feet Contract No. FY2016-45AAmending Contract No. FY2016-45 Twin... Page 42 of 222 AGENDA ITEM #12.A. Page 2 ort and eliminating references to the tsunami shelter/library lot or the unit cutting lines. The tsunami shelter/library lot is within the harvest area and the cutting lines other than the area adjoining the affected residential properties are largely adjoining the Leisnoi lands that have already been harvested. As staff has shown in the revised map for Version 2 substitute of the proposed amendment, a 200 foot setback from residential properties would still provide a setback of nearly double that minimum distance from the actual location of the residential structures themselves. Staff believes that assisting the property owners to get their properties cleared and made safe, while A-1 is mobilized to do so, serves a substantial public purpose that argues for some reasonableness and flexibility from the strict contract standard. Staff has highlighted the contract language in the first and last sentences of the Section 11.C. In the first sentence, A-1 has the option to "well scatter" slash material as an alternative to slash piles. A-1 has indicated they would go to this option of handling the slash before they would consider additional handling and transporting this slash material to a location beyond 500 feet of the residential property boundaries. Having scattered slash could have a negative effect on reforestation efforts and could raise the costs to be bome by the borough in this regard. It would also make the land less attractive and useful for recreation purposes. In the alternative, if slash generated from the clearing of adjoining residential lots were to be left on the same site where it is generated, it would require processing the timber on site and bringing the logs out through the King Crab Way flag stem to borough land. Staff does not recommend this alternative and has received considerable public input from residents discouraging King Crab Way flag stem from being opened for public access to the area after the salvage harvest is complete. Contract No. FY2016-45AAmending Contract No. FY2016-45 Twin... Page 43 of 222 AGENDA ITEM #12.A. Substitute Version 2 KIB Contract Amendment FY2016-45A First Amendment of Contract FY2016-45, Twin Creeks Fire Salvage Timber Sale Contract between A-1 Timber Consultants, Inc. and the Kodiak Island Borough First AMENDMENT, dated September 1, 2016, (the "Amendment') to Contract FY2016-45 for Salvage Timber Sale (the "contract') between A-1 Timber Consultants, Inc. ("A-1") and the Kodiak Island Borough ("KIB"), executed on May 10, 2016. WHEREAS, Section 11.0 Slash Disposal of the contract restricts the creation of slash piles within 500 feet of identified residential properties, the tsunami shelter/library lot, or the unit cutting lines; and WHEREAS, neighboring residential landowners have expressed interest in having fire damaged trees and trees vulnerable to wind throw removed from their properties; and WHEREAS, the bulk of damaged timber is located alongside the abutting borough land, it would be more efficient to remove the timber over and through the adjoining borough land where the necessary roads and infrastructure have already been created; and WHEREAS, removing this timber under a separate arrangement between A-1 and the respective private property owners, which is outside the scope of this contract, will result in slash piles within 275 feet of identified residential property boundaries or harvest unit boundaries; and WHEREAS, the KIB would like to make an opportunity available to the affected residential owners to make their properties safe from fire damaged and wind vulnerable timber so long as it does not place an additional cost upon the KIB for strict compliance with the existing salvage timber sale contract provisions with regards to Section 11.C, Slash Disposal; NOW, THEREFORE, in consideration of the premises and the mutual covenants herein, the parties agree as follows: Terms of Section 11.0 are amended to read as follows Section 11. Timber Operations... ... C. Slash Disposal. All accumulations of forest products that do not meet the definition of Merchantable Timber shall be either well scattered or piled so to minimize occupation of reforestable ground. A-1 must comply with all applicable AFRPA laws and regulations, including 11 AAC 95.370, relating to the disposal or accumulation of slash. A-1 will take reasonable measures to reduce slash in the Timber Sale Area. Reasonable measures to reduce slash include removing logs that do not meet the definition of Merchantable Timber to the sort yard at Bruhn Point, stacking logs that may Contract No. FY2016-45AAmending Contract No. FY2016-45 Twin... Page 44 of 222 AGENDA ITEM #12.A. KIB Contract Amendment FY2016-45A be suitable for firewood in the Timber Sale Area, concentrating slash piles within the Timber Sale Area, and not creating slash piles within 200'6W of identified residential properties, ^^ , —t nn ;^ made fGF the slash PredLIGed by 1G99qR9 aGtIV ties 9R adj9iRiRg. key be piled .. t...... gh lana ..t .. Inr-. t'nFnnst dist ,nt f.+.m the res % deRtial p e.1'e as MaGE)Rabl" possible witheut addifigRal handling 9F tFaRspeFt, but Ret less than 200'. All other terms and provisions of KIB Contract FY2016-45, between A-1 Timber Consultants, Inc. and the Kodiak Island Borough effective May 10, 2016, shall remain unchanged. Dated this day of 2016 Kodiak Island Borough Michael Powers Title: Borough Manager STATE OF ALASKA THIRD JUDICIAL DISTRICT ss. The Foregoing Instrument was acknowledged before me of and on behalf of the Kodiak Island Borough on this _ day of 2016. SUBSCRIBED AND SWORN TO this day of Notary in and for the State of Alaska My commission expires: Dated this day of , 2016 2016. Contract No. FY2016-45A Amending Contract No. FY2016-45 Twin... Page 45 of 222 AGENDA ITEM #12.A. KIB Contract Amendment FY201645A A-1 Timber Consultants Tom Loushin Title: President STATE OF ALASKA THIRD JUDICIAL DISTRICT ss. The Foregoing Instrument was acknowledged before me , of and on behalf of the Corporation on this day of , 2016. SUBSCRIBED AND SWORN TO this day of 2016. Notary in and for the State of Alaska My commission expires: Contract No. FY2016-45AAmending Contract No. FY2016-45 Twin... Page 46 of 222 AGENDA ITEM #12.A. Contract No. FY2016-45A Amending Contract No. FY2016-45 Twin... Page 47 of 222 AGENDA ITEM #12.A. KIB Contract Amendment FY2016-45A First Amendment of Contract FY2016-45, Twin Creeks Fire Salvage Timber Sale Contract between A-1 Timber Consultants, Inc. and the Kodiak Island Borough First AMENDMENT, dated September 1, 2016, (the "Amendment") to Contract FY2016-45 for Salvage Timber Sale (the "contract") between A-1 Timber Consultants, Inc. ("A-1") and the Kodiak Island Borough ("KIB"), executed on May 10, 2016. WHEREAS, Section 11.0 Slash Disposal of the contract restricts the creation of slash piles within 500 feet of identified residential properties, the tsunami shelter/library lot, or the unit cutting lines; and WHEREAS, neighboring residential landowners have expressed interest in having fire damaged trees and trees vulnerable to wind throw removed from their properties; and WHEREAS, the bulk of damaged timber is located alongside the abutting borough land, it would be more efficient to remove the timber over and through the adjoining borough land where the necessary roads and infrastructure have already been created; and WHEREAS, removing this timber under a separate arrangement between A-1 and the respective private property owners, which is outside the scope of this contract, will result in slash piles within 275 feet of identified residential property boundaries or harvest unit boundaries; and WHEREAS, the KIB would like to make an opportunity available to the affected residential owners to make their properties safe from fire damaged and wind vulnerable timber so long as it does not place an additional cost upon the KIB for strict compliance with the existing salvage timber sale contract provisions with regards to Section 11.C, Slash Disposal; NOW, THEREFORE, in consideration of the premises and the mutual covenants herein, the parties agree as follows: Terms of Section 11.0 are amended to read as follows: Section 11. Timber Operations... ... C. Slash Disposal. All accumulations of forest products that do not meet the definition of Merchantable Timber shall be either well scattered or piled so to minimize occupation of reforestable ground. A-1 must comply with all applicable AFRPA laws and regulations, including 11 AAC 95.370, relating to the disposal or accumulation of slash. A-1 will take reasonable measures to reduce slash in the Timber Sale Area. Reasonable measures to reduce slash include removing logs that do not meet the definition of Merchantable Timber to the sort yard at Bruhn Point, stacking logs that may Contract No. FY2016-45A Amending Contract No. FY2016-45 Twin... Page 48 of 222 AGENDA ITEM #12.A. KIB Contract Amendment FY2016-45A be suitable for firewood in the Timber Sale Area, concentrating slash piles within the Timber Sale Area, and not creating slash piles within 500' of identified residential properties, the tsunami shelter/library lot, or the unit cutting lines. An exception is made for the slash produced by logging activities on adjoining private land which may be piled on borough land at a location most distant from the residential properties as reasonably possible without additional handling or transport, but not less than 200'. All other terms and provisions of KIB Contract FY2016-45, between A-1 Timber Consultants, Inc. and the Kodiak Island Borough effective May 10, 2016, shall remain unchanged. Dated this day of 2016 Kodiak Island Borough Michael Powers Title: Borough Manager STATE OF ALASKA THIRD JUDICIAL DISTRICT ss. The Foregoing Instrument was acknowledged before me of and on behalf of the Kodiak Island Borough on this _ day of 2016. SUBSCRIBED AND SWORN TO this day of Notary in and for the State of Alaska My commission expires: Dated this day of , 2016 2016. Contract No. FY201645AAmending Contract No. FY201645 Twin... Page 49 of 222 AGENDA ITEM #12.A. KIB Contract Amendment FY2016-45A A-1 Timber Consultants Tom Loushin Title: President STATE OF ALASKA THIRD JUDICIAL DISTRICT ss. The Foregoing Instrument was acknowledged before me , of and on behalf of the Corporation on this day of , 2016. SUBSCRIBED AND SWORN TO this day of 2016. Notary in and for the State of Alaska My commission expires: Contract No. FY2016-45AAmending Contract No. FY2016-45 Twin... Page 50 of 222 I 'r: AGENDA ITEM #13.8.1. KODIAK ISLAND BOROUGH AGENDA STATEMENT OCTOBER 6. 2016 ASSEMBLY REGULAR MEETING TITLE: *Resolution No. FY2017-02A Amending Resolution No. FY2017-02 Reestablishing The Fees for the Kodiak Island Borough. ORIGINATOR: Dora Cross FISCAL IMPACT: No Account Number: SUMMARY STATEMENT: FUNDS AVAILABLE: Amount Budgeted: This amends the original FY2017 Fee Schedule which was approved on June 16, 2016, reestablishing the plan review fees which were inadvertently omitted. This amendment also includes a definition for vehicles disposed of at the landfill. Version 2 corrects spelling errors in the Plan Review Fee section on page 6, they are highlighted in yellow. The second copy is the same version, but without the edits marked to show how a final version would appear. PURPOSE, ACTION, OR RECOMMENDED MOTION: Move to adopt Resolution No. FY2017-02A. Kodiak Island Borough *Resolution No. FY2017-02AAmending Resolution No. FY2017-02... Page 52 of 222 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Introduced by: Requested by: Drafted by: Introduced on: Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2017-02A AGENDA ITEM #13.8.1. Borough Manager Finance Director Finance Director AN AMENDMENT TO THE KODIAK ISLAND BOROUGH RESOLUTION REESTABLISHING THE FEES OF THE KODIAK ISLAND BOROUGH WHEREAS, prudent financial management dictates that an organization review its fees on an annual basis; and WHEREAS, Kodiak Island Borough Code 3.10.190 ordains that all fees be reviewed on an annual basis; and WHEREAS, it is recognized that if a service or program benefits only a select individual or group of individuals, those individuals or group of individuals should pay for the service; and WHEREAS, staff has identified a fee inadvertently omitted from the current fees; and WHEREAS, staff has identified a need to more clearly define a current fees; and WHEREAS, staff has recommended changes to the current fee schedule for fiscal year 2017 as shown on the attached exhibit. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH: Section 1: The attached exhibit of schedule of fees shall become effective upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF OCTOBER, 2016 ATTEST: Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska KODIAK ISLAND BOROUGH Jerrol Friend, Borough Mayor Resolution No. FY2017-02A Page 1 of 1 'Resolution No. FY2017-02AAmending Resolution No. FY2017-02... Page 53 of 222 KODIAK ISLAND BOROUGH, ALASKA FEE SCHEDULE Effective:-44y4—,2Q46---October 6, 2016 AGENDA ITEM #13.B.1. Version 2 Contents Paae Miscellaneous Services 2 Title 3: Revenue and Finance 3 Title 6: Animals 3 Title 8: Health and Safety Solid Waste Collection and Disposal 4 AddEd denndmn Title 15: Building and Construction Building Permits 5 Electric Permits 5-6 Grading Permits 6 Plan Review 6 Added Plumbing 6 Other 6 7 Title 16: Subdivision 7 Title 17: Zoning 7 8 Title 18: Borough Real Property 7 8 'Resolution No. FY2017-02AAmending Resolution No. FY2017-02... Page 54 of 222 AGENDA ITEM #13.8.1. MISCELLANEOUS SERVICES SAYSIDE FIRE STATION COMMUNITY TRAINING CENTER Copy of Fire Reports 525.00 One-half of Training Center, per half day (1b hrs, max 49 people) $15.00 One-half of Training Center, per day (6-10 hrs, max 49 people) $25.00 Full Training Center, per half day (IZ hrs, max 100 people) $30.00 Full Training Center, per day (6-10 hire, max 100 people) $50.00 Refundable Cleaning Deposit 550.00 Notes: Non-pmfit organirabons and public safety agencies who do not charge a lee for the adivity being conducted may appy bra waiver of Training Center use lees. BOROUGH CODE OF ORDINANCES Borough Code, Complete $200.00 Supplement Service (Annual Fee) 575.00 Title 15, complain first 20 pages free, $0 25 thereafter Title 16, complete that 20 pages free, $0.25 thereafter Title 17, complete first 20 pages free, $0.25 thereafter BOROUGH RECORDS 2007 Conprehensive Plan (bound copy) sulaw Audo Recording CD $5.00 Audio Recording (saved on requester's mums drive) no charge Audio Recording (sent by email) no charge Cer ified copies (does not include copy charges) $500 Copy, scan single file to CO or DVD, per disk (includes large scale maps) $5.00 Copies, per page first 20 pages free, $0.25 thereafter Comprehensive Plans, paper $25.00 Electronically Reproduced Records (hard copy to electronic) no, charge Electronically Produced/Provided Records (originally electronic) no charge GENERALSERVICES Interest on Miscellaneous Delinquent Accounts 12% annually NewRmnster Liquor License 51.00 per notice traded Nom -Filing or Late Filing Fee for Special Taxes (Severance and Bad) $50 per filing NSF Check Fee $25.00 Researctr Service, records recovery First 5 hours freel$40.00 per for thereafter Research Service, data analysis' Fee set at 540.00 per hi Who Transfer Fee $25.00 Notes. ' KISC2.40.060auPoanzes the seningoffeesforcompilation eraeahoo orrecards(data anaysis). Thearbifmryanconfof S40perhourisanamnage of CferkS Office staghoudy wage and benefits. KIRC 2.40.040 rates that v e cannot exceed the actual salary and benefit =1 forpersannel time. KODIAK FISHERIES RESEARCH CENTER (KFRC) Main Lobby (upslainsff o - fee includes large conference mom) 5250.00 Refundable cleaning deposit, mein lobby $300.00 Large Conference Roan 550.00 ReNrdable cleaning deposit, large conference mom $50.00 Small Conference Roam $40.00 Refundable cleaning deposit, small conference mom 530.00 Notes: Non-profit organizations and public safety agencies who do not charge a lee farina activity, being conductedin the facility may appy Pore wan erof KFRC fees. REPRODUCTION AND MAPPING COSTS: GIS services (114 hr minimum) 560.00l11hr PrinlslCoples Barts $100 sq R Semi Gloss $200 sq fi Mylar $3.00 act R 8.5 X 11 inch final 20 pages free, 50.251hereafter 11 X 17 Inch brat 10 pages free, $0.50 thereafter Notes: No copying or commercial use, except her reference ] c18 'Resolution No. FY2017-02AAmending Resolution No. FY2O17-02... Page 55 of 222 AGENDA ITEM #13.6.1. TITLE 3: REVENUE AND FINANCE SPECIAL ASSESSMENT AND PROPERTY TAX 1st offense Faredosum/Ahomey Fee equal cost Put icallon Feeequal coal Redemption Certificates equal coal Interest 12% annually Penalty 10% one lime charge Cruelty to Animals 1st offense mandatory mud appearance 2nd offense mandatory mud appearance 3rd offense mandatory mud appearance Vicious Animals 1st offense mandatory court appearance 2M offense mandatory mud appearance 3rd offense mandatory mud appearance Boarding Fees Small animals (dogs, cats, etc), per day $5.00 Large animals (cows, horses, etc.), per day $50.0O License Fees Male Dog, par year 535.00 Female Dog, per year $35.00 Neuter and Spayed Dogs, per year $10.00 Duplicate Tag, earn $5.00 Mismllaneous Fees Rabies Vaccinations Deposit (partially mtundaNe) 520.00 Adoption (indudes neuter or spay, rubies shot, license) aqua) mal 3OR *Resolution No. FY2017-02AAmending Resolution No. FY2017-02... Page 56 of 222 AGENDA ITEM #13.8.1. Appliances $187.0 Appliances Other, residents] W tlmrgi Re/rigeratorslFreezers, residential 5110.00 ad Asbestos Disposal (must be delivered in compliance aiM applicable regulations) $200.00 minimum, $200.001u7 Batteries Lead Add Batteries-regdernal W Marge Lead Add Batteries -commercial S6 00 par large, 53.00 per sinal UINum Bananas $8D0 par large, $3.00 per smal Cart Service Fee $25.00 per marten' Commercial Garbage $20 00 minimum, $2M GO A. Consbucfio emdiliw Debris(CBD) (msldential over SoglWmmmerdall iMusltlal lmstitutiuna0 $2000 minimum, 5258.00Aor NoceAnynJaedronsMctianbats Mathavagmafarthanfa%nwblscoldnW( ac pW.. $275.00IIW (50.1375111a Fishing Gear - line, netfing and web only $187.0 Equipment Usage to Ott -Load Customer Wage 51 W.W/ dour, $100.00 mirnm in Garbage Truck of Borough Collection Contractor $258.00 Aa Garbage Tntdr of United States Coast Guand Contractor $258.00 Am Household Hazardous Waste 40 lb limit per month no charge Greater Than 40 Me per month $1.00111 Marine Debris (does Wt include line, netting and webbing -am Fishing Gear) Less than 1 cy W durgi 1 to 10 cubic yaNs - Must complete acceptance form at landfill. no charge Greater Nan 10 cubic yards _ ADEC and KIB approval required before delivery, Line, netting, webbing, reryrdables, and metal mug be separated poor to delivery. $258.00 Am Metals (nrwdesvefticwe lamer Man one. uuiaciryt $275.00IIW (50.1375111a Mobile Homes/Recreatioual Vehicles (measured per longest dimension) Sea Note $:KL 0 Oil Used Oil - commercial $3.001ge Used Oil - residential -5 gallons per month W Mag. Used Oil -residential -greater than 5 gallons per month $1.50/ga Residential Waste (by passermeraulo ndmi, W pickup track) This lodu les C D, and household waste. Up to 500 has total per day (m metals) no Mag. 501 pounds or greater 5258.00Aor Tins- Wmmerdal 5258.00 Aon Uncovered Loads- additional Marge s35.00 Use of Scale la Obtain a Cued Weight $15.00 per ticke Vehicles (vehicles wager man one tan capary w,u to maned at dw mwaw nm) $47SW per vehidr Waste Screenings $258.00 hon NOTES: Gommmenla/cugomem maybe served by a pdvafe companyby clued nWobafkn brwMm. Fees will beset, bleed and collected by that company. Commercial and residential solid waste materials Weeded by the United States Coast Guard, oras representative, krdisposal of the Kodiak Island Bomngh landfill will be charged at the time of disposal at the rate established In this fee schedule. The Kodiak Island Soreugh will invoice the United States Coast GuardWall oranyporfion ofthose hies charged, as agreed upon by the parties Fees associated with other wage diisposal options wird be chegetl besedan the applicable hie represented In This schedule. Companies conducting commercial, Industrial and institutional demolition projects need to separate /heir waste into metal and non-metal bads. Mixed kn ids will not be accepted at the landfill. Metals receivedat the lahofill in the form offanks or cables must be prepared in an acceptable manner Tanks must be drained of all fluids and wiped dean. Tanks under500 gakoms must have an 18 -square hole cut into it and wiped dean. Tanks omr500 gallons most have one end cut ogand wiped dean. Tanks I." gallons and grealermust contact Ergineedng/Fadlitygaglo discuss acceptable entails. Fishing cable mug be cut into 3' lengths. Ofhermdal items must be cul ink peeces rm greater Than il'lon g, 7' wide aol5'hlgh. They must be separated hose num-metal material (e.g., machinery with hoses oreedocol components). Approved Thrift Stores will be allowed hm disposal of sell -hauled household residential wage of up to 1,000 /bsAveek. Disposal anlage items (a g, boats, Indiana. const diiarAh mbib'on debris aM metals) will be charged of the same rate as shown In this he schedule. Coromandel establishments, ardkr small quantity general=, who generate hazardous waste mud contact an envimnmenel company to property dispose offhdr wage. AI/moblle homes ordehos hum mobile homesshg/be cleared krasbesks and Lead basedpainl belme acceptance. All materials must be sepamtedinto CBD, mefal aM rerydables phorto delivery. Definifions' Residential Waste -Waste gerenled horn your hunts (Iorexample, household garbage, bulky, Items such as kmishings and grass4awn clippings). 11 inductee, homeownerconchuchoNdemolihon waste but does Wt Include metals. Commensal Wage - Institutional and indusbu l oganizafions or contractors and businesses conducting work for compensation amMar beder, ante *Resolution No. FY2017-02AAmending Resolution No. FY2017-02... Page 57 of 222 Total Value value = up to $500.00 value =5500.01 -32.000.00 value = $2,000.01- 525,000.00 value =325,000.01 -550,000.00 value =550.000.01 -5700,000.00 value =5100,000.01 to 5500,000.00 value = 3500,000.01 to $1,000,000.00 AGENDA ITEM #93.6.1. 575.00 for Ne first $500 plus 52.00 for each animism ormadion thereof. to and Including 545.00 for the first $2,000.00 plus 59.00 for eadt $1,000.00 or fraction thereof, to and including S $252.00 for the first $25,000.00 plus $0.50 for eadl $1.000.00 or fraction thereof, to and inducting S $414.50 for Me first $50,000.00 plus 54.50 for earn $1.000.00 or lmc on thereof, to amid Including S7 $639 00 for the first $100,000.00 plus $3,50 for mit, $1,000.00 or fradiw thereof, fo arM including $5 52,039.50 far atltlifianal 57.O value = $1.1)00,000.01 and up 53.539,W far we First at,uw,uw.w qus saw im n addifional 57,000.00 or tractor, the New Construction of a single family residence or residence with W accessory building when Issued as an ownermuilder is 5150.00. Remodel of a single family residence when issued as an ownerNuilder Is valuation based with the maximum fee amount of $150.00. Notes' 1. Valuations hadeteONnapon ofpenrid fees twll be based on wntrad paces or, in the absence of a whined puce, the Building Valuation Data as published, byl.C.B.O. Building Standards 2. Ownedbuilderis defined as a person who is managing the construction orremodel oftheirown residence and the building permit must mlled the name of the owner. x These fees are waived for mobile homes relocated from Jaclassn's Mobile Home Park to other parcels allowed under zoning wile. The following schedule of fees shall appy to all elaWiral work forwMdt a permit is required NEW CONSTRUCTION ELECTRICAL WORK Single Family and Duplexes: Temporary Work Service Permit Residenfial Single Family -new Duplex - new Additional Wring. remodeling residential only ALL OTHER ELECTRICAL WORK Issuance of permit Each Flxture/Duplex OulleVlndividual SwildVEmergency Light Electric Heat per k.w. Installed Eads Power 0 Wet Electrical Service to 200 amps Eledriral Service over 200 amps Eads Area Floodlight, tel light Eads Addifional Floodlight Generator per kw. Output Transformers 5 kv a, m above Motor Connection, 15 hp and above Transfer Switches- manual Transfer Switches- automatic Eledncx l Signs Trailer Cwrls - each space Each Addifional - same permit Temporary Services Environmental Control Devices per Oulleli-nil ALL OTHER ELECTRICAL WORK (c-rq The following sdtetlule of fees shall apply to all electhcal work for which a plan review is required: 50.00-5500.00 5501.0041.000.00 $1.001.00 - 52.000.00 $2.001.00-S3,000.00 53.001.00-54.000.00 $4.001.00-56,000.80 56.001.00 -up sore 'Resolution No. FY2017-02AAmending Resolution No. FY2017-02... Page 58 of 222 AGENDA ITEM #93.6.1. When extra inspections am made necessary by reason of defective work, or otherwise through fault or anon on the pad of Me holder of Me permit, or on Me pad of Me permit holder's official seting form Me violation, only one such mite inspection shall be made under the regular fees as herein prescribed. For each further axle Inspection for which Me holder of Me pernil or employee Is entirely responsible, fees shall be charged as follows: Note: The handing department shall allow for correction ofsuch work a maximum of fen working days allowing the date ofinspection First Inspection Second Inspection Each Additional Inspection Elecbic Permits After Work has Stated 2x These fees are waived for motile homes relocated from Jacksons Mobtle Home Park to olherpamels allowed under zoning code. 50 cubic yards 51 to 100 cy. 101 to 1,000 cy. 1,001 to 10,000 cy. 10,001 to 100,000 cy. 100.001 cy. or mom 523.50 $37.00 $37.00 for let 100 ry, 1517.50 for as additional 100 cy $194.50 for 1s11,000 cy. $14.50 for as additional 1,000 cy $32500 for Iat 10,000 cY' $56.00 for as additional 10,000 cy $919.00 for let 100,000 G i 536.50 for as add 10,000 cy Note: The fee fora funding permit authorizing aMbonal work to that under valid permit shall be the dif/erence between the fees paid for the original Peru* and the fee shown for the enb're limped. Commercial Residential non -engineered Residential engineered 65% of the Wilding permit W% of Me Wilding Permit 20% of Me Wilding permit Notes: 1. Valuations fordefemvnalion ofpemtif fees will be based on contract prices or, in Me absence as contractpace, Me Building Valuation Data as published. by LC.B.O. Building Standards Additional Plumbing Remodeling -residential only Single Family and Duplexes (base fee): New Duplex New Residential Single Family Plus Me Following Additional Charges: Each Plumbing Fixture Each Gas Outlet Each Water Healer and Hal Water Boller (per 1.000 btu) Automatic Sprinkler Systems (per head) Plumbing Alteration Work (per outlet) All Omer Plumbing Work Plumbing Permits After Work has Started 2 x the • These fees are waived for mobile homes relocated from Jackson's Mobile Horne Pad to other parcels allowed under zoning mile. *Resolution No. FY2017-02AAmending Resolution No. FY2017-02... Page 59 of 222 AGENDA ITEM #13.6.1. Additional Plan Review Required by Changes, additions or revision to approved plans aoe..r Appeals and Exceptions 5350.00 Building Demolition Fee 5/0.00 Driveway Permit Fee, (no fee when included wlbldg Permit) 525.00 Inspections Which No Fee is Specifically Indicated $40.W/hr Inspections Outside Normal Business Hours (per hour, 2 hr min) $70.00 Reinspection Fees Assessed Under Provisions of Section 3050 $40.034tr Right of Way (ROW) Permit for Driveway Access $100.00 Abbrevlaled/Aliquot Pan Plats Appeal to Assembly Appeal to Commission Appeal Record Copy, per page Review of PBZC Decision Vacations Inspection Services- General Personnel Costs -strait time Personnel Casts - over time Personnel Costs -double time Vehicle - hours Vehicle - mileage Vehicle - administrative fee Inspection Services - Subdivision: Road and Utility Improvement (per lineal 0) Improvements for 1 to 12 lots Improvements for 13 lots and mom Materials Approval Services: First Submittal Subsequent Reviews Plan Review Services: Additional Improvement Plan Reviews Improvement Plan Review Initial and Final Plan Site Grading Plan Review Preliminary Plats Creating' 1 to 12 lots 1310 50 lots Over 50 lots Waivers $303.03 5200.00 5200.00 first 20 pages free, $0.25 thereafter $75.00 5350.00 $40.03/hr 558.0/hr $72.001hr $200.00 $50.0 $100.00 actual coal 5200.00 5250.03 5350.03 MM ♦ 520.00 for each additional lot over 12 $1,110.00. $15.00 for each additional lot Over 50 $75 03 'Resolution No. FY2017-02AAmending Resolution No. FY2017-02... Page 60 of 222 AGENDA ITEM #13.8.1. Appeal to board of Adjustment 53 hffl Appeal to Commission 35000 Appeal Record Copy, per page Ors120pagestree, $0.251hereaffer Conditional Use Permit 525000 Other P&Z Screening Approval $l W00 Postponement at Petitioners Request -public hearing item s10000 Postponement at Petitioners Request -cion-pudic hearing item 52500 Review of PUC Decision $150.00 Variance $250.00 Zoning Change Permit Less than 1.75 acres $350.00 176 to 5.W acres 57W.W 5.0110 40.W acres $1,000.00 40.01 acres or mom $1,500.00 Zoning Compliance parent. Less Men 1.75 acres 53000 1.76 to 500 ayes SW.W 5.01 to 40.50 acres $00.00 4001 acres of more $12000 ' these fees are waived for mobile hones relocated from Jacksons Mobile Home Park to order parcels allowed under zoning code. ,TITLE 18: BOROUGH REAL PROPERTY Land Disposal Application 535(.00 Land Use Permits -temporary KIbC 16.50.010.8 $25000 Land Use Permits - annually KISC 16.50.010.0 $7.20000 Material Sales , royalty fee per cubic yard -annually $2.00 Woad CuMng Permits - Chiniak area - annually Free with signed liability waiver Woad Culling Permils-specified areas order Men Chiniak-30 days _ $2500 8arB 'Resolution No. FY2017-02A Amending Resolution No. FY2017-02... Page 61 of 222 AGENDA ITEM #13.6.1. Version 2 - Clean Copy KODIAK ISLAND BOROUGH, ALASKA FEE SCHEDULE Effective: October 6, 2016 Contents PPa _e Miscellaneous Services 2 Title 3: Revenue and Finance 3 Title 6: Animals 3 Title 8: Health and Safety Solid Waste Collection and Disposal 4 Title 15: Building and Construction Building Permits 5 Electric Permits 5-6 Grading Permits 6 Plan Review 6 Plumbing 6 Other 7 Title 16: Subdivision 7 Title 17: Zoning Title 18: Borough Real Property 'Resolution No. FY2017-02AAmending Resolution No. FY2017-02... Page 62 of 222 AGENDA ITEM #13.8.1. MISCELLANEOUS SERVICES BAYSIDE FIRE STATION COMMUNITY TRAINING CENTER Copy of Fire Reports $25,00 One-half of Training Center, per half day (1-6 firs, max 49 people) $15.00 One-half of Training Center, per day (6-10 his. max 49 people) $25.00 Full Training Center, per half day (1-6 his, max 100 people) $30.00 Full Training Center, per day (6-10 hire, max 100 people) $50.00 Refundable Cleaning Deposit $50.00 Notes: Non-profit organizations and public safety agencies who do not charge a fee for the activity being conducted may apply for a waiver of Training Center use fees. BOROUGH CODE OF ORDINANCES Borough Code, Complete $200.00 Supplement Service (Annual Fee) $75.00 Title 15, complete first 20 pages free, $0.25 thereafter The 16, complete first 20 pages free, $0.25 thereafter Title 17, complete first 20 pages free, $0.25 thereafter BOROUGH RECORDS 20D7 Comprehensive Plan (bound copy) $100.00 Audio Recording CD $5.00 Audio Recording (saved on requester's thumb drive) no charge Audio Recording (sent by email) no charge Certified copies (does not include copy charges) $5.00 Copy, scan single file to CD or DVD, per disk (includes large scale maps) $5.00 Copies, per page first 20 pages free, $0.25 thereafter Comprehensive Plans, paper $25.00 Electronically Reproduced Records (hard copy to electronic) no charge Electronically Produced/Provided Records (originally electronic) no charge GENERAL SERVICES Interest on Miscellaneous Delinquent Accounts 12% annually Newrl-ransfer Liquor License $1.00 per notice mailed Non -Filing or Late Filing Fee for Special Taxes (Severance and Bed) $50 per filing NSF Check Fee $25.00 Research Service, records recovery First 5 hours free/$40.00 per hr thereafter Research Service, data analysis' Fee set at $40.00 per hr VNre Transfer Fee $25.00 Notes' ' K/BC 2.40.060 authorizes the setting of lees for compilation or creation orrecords (data analysis). The arbitrary amount of $40 perhour is an average of Clerk's Once staff hourly wage and benefits. KIBC 2.40040 notes that we cannot exceed the actual salary and benefit cost for personnel time. KODIAK FISHERIES RESEARCH CENTER (KFRC) Main Lobby (upstairsldown - fee includes large conference mom) $250.00 Refundable cleaning deposit, main lobby $300.00 Large Conference Room $50CD Refundable cleaning deposit, large conference roam $50.00 Small Conference Roam $40.00 Refundable cleaning deposit, small conference room $30.00 Notes' Non-profit organizations and public safety agencies who do not charge a fee for the activity being conducted in the facility may apply for a waiver of KFRC fees. REPRODUCTION AND MAPPING COSTS: GIS services (1/4 hr minimum) $60.00/hr Pdnts/Copies Bond $1.00 sq It Semi Gloss $2.00 sq ft Mylar $3.00 sq R 8.5 X 11 inch first 20 pages free, $0,25 thereafter 11 X 17 inch first 10 pages free, $050 thereafter Notes' No copying or commercial use, except for reference 'Resolution No. FY2017-02AAmending Resolution No. FY2017-02... Page 63 of 222 AGENDA ITEM #13.8.1. TITLE 3: REVENUE AND FINANCE SPECIAL ASSESSMENT AND PROPERTY TAX Fareclosure/Attomey Fee actual cost Publication Fee actual cost Redemption Certificates actual cost Interest 12% annually Penalty 10% one time charge TITLE 6: ANIMALS Animal Control Cruelty to Animals 1st offense mandatory court appearance 2nd offense mandatory court appearance 3rd offense mandatory court appearance Vicious Animals 1st offense mandatory court appearance 2nd offense mandatory court appearance 3rd offense mandatory court appearance Boarding Fees Small animals (dogs, cats, etc.), per day $5.00 Large animals (cows, horses, etc.), per day $50,00 License Fees Male Dog, per year $35.00 Female Dog, per year $3500 Neuter and Spayed Dogs, per year $1000 Duplicate Tag, each $5.00 Miscellaneous Fees Rabies Vaccinations Deposit (partially refundable) $20.00 Adoption (includes neuter or spay, rabies shot, license) actual cost 3of8 'Resolution No. FY2017-02AAmending Resolution No. FY2017-02... Page 64 of 222 AGENDA ITEM #93.8.9. TITLE 8: HEALTH AND SAFETY SOLID WASTE COLLECTION AND DISPOSAL Appliances Appliances Other, residential no charge Rafrigarelars/Freezers, residential $10.00 each Asbestos Disposal (must be delivered in compliance with applicable regulailon l $200.00 minimum, $200.00/cry Batteries Lead Aad Batteries - residential no charge Lead Aad Batteries - commercial $6.00 per large, $3.00 per small Lithium Batteries $6.00 per large, $3.00 per small Cart Service Fee $25.00 per incident Commercial Garbage $20.00 minimum, $258.00 /tan Construction/Den1011tion Debris (DBD) (residential over 5001b/rnmmemall industrial finslau tonal) $20.00 minimum, $258.00/lon Note: Any Mxed construction bads that have greater than 10% metals will not be accepted. Fishing Gear- line, netting and web only $187.00 Equipment Usage to Off -Load Customer Waste $100.00/hour, $100.00 minimum Garbage Truck of Borough Collection Contractor $258.00 /ton Garbage Truck of United Stales Coast Guard Contractor $258.00 /tan Household Hazardous Waste 401b limit per month no charge Greater Than 40 Has per month $1.00fib Marine Debris (does not include line, netting and webbing - see Fishing Gear) Less than 1 cy no charge 1 to 10 cubic yards - Must complete acceptance farts at landfill. no charge Greater than 10 cubic yards: ADEC and KIB approval required before delivery. Line, netting, webbing, recyclables, and metal must be separated prior to delivery. $256.00 /ton Metals (indudm vehicles larger Nen one tan capacity) $275.00/ton ($0.13758b) Mobile Hommillecreational Vehicles (measured per longest dimension) See Note $30.00 -/If Oil Used Oil -commercial $3.00/gal Used Oil - residential - 5 gallons per month no charge Used Oil - residential - greater than 5 gallons per month $1.50/gal Residential Waste (by passenger automobile or pickup truck) This includes C8D, and household waste. Up to 5001bs total per day (no metals) no charge 501 pounds or greater $258.00 hon Tires - commercial $258.00 hon Uncovered Loads - additional charge $35.00 Use of Scale to Obtain a Certified Weight $15.00 per ticket Vehicles (wMdm larger Nan we tan capacity will be charged at Ne metals rate) $475.00 per Vehicle Waste Screenings $258.00 /ton NOTES: ' Governmental customers may be served by a private company by direct negotiation for service. Fees will be sel, billed and collected by that company. ' Commercial and residential solid waste materials collected by the United States Coast Guard, wits representative, for disposal at the Kodiak Island Borough landfill will be charged at the time of disposal at the rate established in this fee schedule. The Kodiak Island Borough will Invoke the United States Coast Guard for all or any portion of those fees charged, as agreed upon by the parties. Fees associated with other waste disposal options will be charged based on the applicable fee represented in this schedule. - Companies conducting commercial, industrial and institutional demolition projects need to separate their waste into metal and non-metal loads. Mixed loads will not be accepted at the landfill. ' Metals received at the landfill in the form of tanks or cables must be prepared in an acceptable manner. Tanks must be drained of all fluids and wiped clean. Tanks under 500 gallons must have an 18'square hole cut into it and wiped clean. Tanks over 500 gallons must have one end cut off and wiped clean. Tanks 1,000 gallons and greater must contact Engineering/Faclldy staff to discuss acceptable criteria. Fishing cable must be cut into 3' lengths. Other metal items must be cut into pieces ra greater than 17' long, 7' wide and 5' high. They must be separated hom non-metal material (e.g., machinery with hoses or electrical components). " Approved Thrift Stores will be allowed hose disposal of self -hauled household residential waste of up to 1,000 lbs4veek. Disposal of large items (e. g., boats, trailers, constmction✓demoldion debris and metals) will be charged at the same rate as shown in this fee schedule. ' Commercial establishments, andrarsmall quantity generators, who generate hazardous waste must contact an environmental company to property dispose of their waste. ' All mobile homes or debris from mobile homes shall be cleared for asbestos and Lead based paint before acceptance. All materials must be separated into CBD, metal and recyclables prior to delivery. Definitions Residential Waste -Waste generated horn your home (for example, household garbage, bulky items such as furnishings and gmssr/awn clippings). It includes homeowner consbuctioNderrolition waste but does not include metals. Commercial Waste - Institutional and industrial organizations orcontrectors and businesses conducting work for compensation androrbarter. 408 *Resolution No. FY2017-02AAmending Resolution No. FY2017-02... Page 65 of 222 AGENDA ITEM #13.8.1. TITLE 15: BUILDING AND CONSTRUCTION BUILDING PERMIT FEES Total Value Fees value = up to $500.00 $15.00 value = $500.01 - $2,000.00 $15.00 for the first $500 plus $2.00 for each additional $100.00 or fraction thereof, to and including $2,000.00 value = $2,000.01 - $25,000.00 $45.00 for the first $2,000.00 plus $9.00 for each additional $1,000.00 or fraction thereof. to and including $25,000.00 value = $25,000.01 - $50,000.00 $252.00 for the first $25,000.00 plus $6.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 value = $50,000.01 - $100,000.00 $414.50 for the first $50,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 value= $100,000.01 to $500.000.00 $639.50 for the first 8100,000.00 plus $3.50 for each additional $1.000 00 or fraction thereof, to and including $500,000.00 value = $500,000.01 to $1,000,0D0.00 $2,039.50 for the first $500,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 value = $1,000,000.01 and up $3,539.50 for the first $1,000,000.00 plus $2.00 for each additional $1,000.00 or fraction thereof New Construction of a single family residence or residence with an accessory building when issued as an ownerlbuilder is $150.00. Remodel of a single family residence when issued as an ownerlbuilder is valuation based with the maximum fee amount of $150.00. Notes: L Valuations for determination of permit fees will be based on contract pares or, in the absence of a contract price, the Building Valuation Data as published, byl.C.B.O. Building Standards 2. Owneribudder is defined as a person who is managing the censtmction or remodel of their awn residence and the building permit must reflect the name of the owner. A These fees are waived for mobile homes relocated from Jackson's Mobile Home Park to other parcels allowed under zoning code. ELECTRIC PERMIT FEES ' The following schedule of fees shall apply to all electrical work for which a permit is required NEW CONSTRUCTION ELECTRICAL WORK Single Family and Duplexes: Temporary Work Service Pertnit $30.00 Residential Single Family - new $70.00 Duplex - new $100.00 Additional Wring, remodeling residential only $30.00 ALL OTHER ELECTRICAL WORK Issuance of Permit $35.00 Each Fixture/Duplex OutleVlndividual SwitUVEmeigency Light $125 Electric Heat per k.w. Installed $1.00 Each Power Outlet $2.00 Electrical Service to 200 amps $20.00 Electrical Service over 200 amps $30.00 Each Area Floodlight, tat light $2000 Each Additional Floodlight $5.00 Generator per k.w. Output $1 00 Transformers 5 k.v.a. or above $5.00 Molar Connections, 15 hp and above $20.00 Transfer Switches - manual $5.00 Transfer Switches - automatic $10.00 Electrical Signs $20.00 Trailer Courts - each space $50.00 Each Additional - same permit $10.00 Temporary Services $5.00 Environmental Control Devices per Outlet/Unit $1.25 ' These fees are waived for mobile homes relocated from Jackson's Mobile Home Park to other parcels allowed under zonin code. 5.113 'Resolution No. FY2017-02AAmending Resolution No. FY2017-02... Page 66 of 222 AGENDA ITEM #13.8.1. TITLE 15: BUILDING AND CONSTRUCTION (Cama) ELECTRIC PERMIT FEES •Icdnndl ALL OTHER ELECTRICAL WORK (coma) The following schedule of fees shall apply to all electrical work for which a plan review is required: $0.00 - $500.00 $35.00 $501.00 - $1,000.00 $60,00 $1,001 00 - $2,000.00 $100.00 $2,001.00 - $3,000.00 $150.00 $3,001.00- $4,000.00 $200.00 $4,001.00 - $6,000.00 $250.00 $6,001.00- up $300.00 When extra inspections are made necessary by reason of defective work, or otherwise through fault or error on the part of the holder of the permit, or on the part of the permit holder's official setting forth the violation, only one such extra inspection shall be made under the regular fees as herein prescribed. For each further extra inspection for which the holder of the permit or employee is entirely responsible, fees shall be charged as follows: Note: The building department shall allow for correction of such work, a maximum of ten working days following the date of inspection First Inspection $40.00 Second Inspection $50.00 Each Additional Inspection $60.00 Electric Permits After Work has Started 2 x the published amount These fees are waived for mobile homes relocated from Jackson's Mobile Home Park to other parcels allowed under zoning Code. GRADING PERMIT FEES: 50 cubic yards $23.50 51 to 1 O c.y. $37.00 101 to 1,000 cy $37.00 for 1 st 100 cy + $17.50 for ea additional 100 cy 1,001 to 10,000 C.Y. $194.50 for 1st 1,000 cy+$14.50 for as additional 1,000 cy 10,001 to 100,000 c.y. $325.00 for 1st 10,000 Cy+$66.00 for ea additional 10,000 cy 100,001 cy or more $919.00 for 1st 100,000 cy +$36 50for ea add 10,000 cy Note: The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fees paid for the original permit and the fee shown for the entire project. PLAN REVIEW FEES Commercial 65% of the building permit fee Residential non -engineered 50% of the building permit fee Residential engineered 20% of the building permit fee Notes: 1. Valuations for determination ofpermft fees will be based on contract prices or, in the absence of a contract price, the Building Valuation Data as published, by1.C.B.O. Building Standards PLUMBING PERMIT FEES: - Additional Plumbing Remodeling - residential only $30.00 Single Family and Duplexes (base fee): New Duplex $100.00 New Residential Single Family $70.00 Plus the Following Additional Charges: Each Plumbing Future $7.00 Each Gas Outiel $5.00 Each Water Healer and Hol Water Boiler (per 1.000 btu) $0.20 Automatic Sprinkler Systems (per head) $1.50 Plumbing Alteration Work (per outlet) $7.00 All Other Plumbing Work $35.00 Plumbing Permits After Work has Started 2 x the published amount These fees are waived for mobile homes relocated from Jackson's Mobile Home Park to other parcels allowed under zoning code. safs `Resolution No. FY2017-02AAmending Resolution No. FY2017-02... Page 67 of 222 AGENDA ITEM #13.B.1. TITLE 15: BUILDING AND CONSTRUCTION (conf4) OTHER FEES: Additional Plan Review Required by Changes, additions or revision to approved plans $50.00/hr Appeals and Exceptions $350.00 Building Demolition Fee $40.00 Driveway Permit Fee, (no fee when included w/bldg permit) $25.00 Inspections Which No Fee is Specifically Indicated $40.00/hr Inspections Outside Normal Business Hours (per hour, 2 hr min) $70.00 Reinspection Fees Assessed Under Provisions of Section 305G $40.00/hr Right of Way (ROW) Permit for Driveway Access $100.00 TITLE 16: SUBDIVISIONS SUBDIVISION FEES Abbreviated/Aliquot Part Plats $300.00 Appeal to Assembly $200.00 Appeal to Commission $200.00 Appeal Record Copy, per page first 20 pages free, $0.25 thereafter Review of PBZC Decision $7500 Vacations $350.00 Inspection Services - General Personnel Costs - strait time $40.00/hr Personnel Costs - over time $55.00/hr Personnel Costs - double time $72.00/hr Vehicle - hours $1 70/hr Vehicle - mileage $0.30/mi Vehicle - administrative fee 10% Inspection Services - Subdivision: Road and Utility Improvement (per lineal ft) Improvements for 1 to 12 lots $3,5011f Improvements for 13 lots and more $2.00/If Materials Approval Services: First Submittal $200.00 Subsequent Reviews $50.00 Plan Review Services: Additional Improvement Plan Reviews $100.00 Improvement Plan Review actual cost Initial and Final Plan $200.00 Site Grading Plan Review $250.00 Preliminary Plats Creating: 1 to 12 lots $350.00 13 to 50 lots $350.00+$20.00 for each additional lot over 12 Over 50 lots $1,110.00 + $15.00 for each additional lot over 50 Waivers $75.00 v vfs *Resolution No. FY2017-02AAmending Resolution No. FY2017-02... Page 68 of 222 AGENDA ITEM #13.B.1. TITLE 17: ZONING * After the fact Zoning Compliance Permits 2 x the published amount Appeal to Board of Adjustment $350,00 Appeal to Commission 350.00 Appeal Record Copy, per page first 20 pages free, $0.25 (hereafter Conditional Use Permit $250.00 Other P&Z Screening Approval $150.00 Postponement at Petitioners Request- public hearing item $100.00 Postponement at Petitioners Request- non-public hearing item $25.00 Review of P&ZC Decision $150.00 Valance $250.00 Zoning Change Permit: Less than 1.75 acres $350.00 1.76 to 5.00 acres $750.00 5.01 to 40.00 acres $1,000.00 40.01 acres or mare $1,500.00 Zoning Compliance Permit Less than 1.75 acres $30.00 1.76 to 5.00 acres $60.00 5.01 to 40,00 acres $90.00 40.01 acres or more $120.00 ' These fees are waived for mobile homes relocated from Jackson's Mobile Home Park to other parcels allowed under zoning code. TITLE 18: BOROUGH REAL PROPERTY Land Disposal Application $350.00 Land Use Permits- temporary KIBC 18,50,01 D.B $250.00 Land Use Permits - annually KIBC 16.50.010.0 $1,200.00 Material Sales , royalty fee per cubic yard -annually $2.00 Wood Cuffing Permits - Chiniak area - annually Free with signed liability waiver Wood Cutting Permits - specified areas other than Chiniak-30 days $25.00 e ofs *Resolution No. FY2017-02AAmending Resolution No. FY2017-02... Page 69 of 222 AGENDA ITEM #13.8.2. KODIAK ISLAND BOROUGH AGENDA STATEMENT r* OCTOBER 6, 2016 ASSEMBLY REGULAR MEETING V • �{4 TITLE: 'Resolution No. FY2017-11 Authorizing An Amendment To The Borough's Participation Agreement With The Public Employees' Retirement System (PERS) Of Alaska To Exclude Seasonal Employees From Participation. ORIGINATOR: Dora Cross FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: This is a resolution to amend KIB's agreement with the Public Employees' Retirement System of Alaska to exclude seasonal employees from participation in PERS. RECOMMENDED MOTION: Move to adopt Resolution No. FY2017-11. Kodiak Island Borough 'Resolution No. FY2017-11 Authorizing An Amendment To The Bo... Page 70 of 222 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 AGENDA ITEM #13.6.2. Introduced by: Borough Manager Requested by: Finance Department Drafted by: Finance Director Introduced on: 10/06/2016 Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2017-11 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING AN AMENDMENT TO THE BOROUGH'S PARTICIPATION AGREEMENT WITH THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) OF ALASKA TO EXCLUDE SEASONAL EMPLOYEES FROM PARTICIPATION WHEREAS, the Kodiak Island Borough entered into a Public Employees' Retirement System (PERS) Participation Agreement with the State of Alaska, Department of Administration; and WHEREAS, the Public Employees' Retirement System (PERS) of Alaska allows for the exclusion of seasonal employees from participation; and WHEREAS, the Kodiak Island Borough wishes to amend the Participation Agreement to exclude all seasonal employees receiving compensation from participation in the Public Employees' Retirement System (PERS) effective November 1, 2016. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Subsection 2 on page 2 of the Public Employees' Retirement System (PERS) Participation Agreement be amended to read as follows: The Political Subdivision agrees that: All permanent "full-time" employees (those whose position normally requires 30 or more hours of work each week) and permanent "part-time" employees (those whose position normally requires 15 or more but less than 30 hours of work each week) except for the following departments, groups or other classifications will participate in the Retirement System: Seasonal Employees. Salaried elected public officials who voluntarily elect coverage will participate in the Retirement System. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2016 ATTEST: Kodiak Island Borough, Alaska KODIAK ISLAND BOROUGH Jerrol Friend, Borough Mayor Resolution No. FY2017-11 Page 1 of 2 *Resolution No. FY2017-11 Authorizing An Amendment To The Bo... Page 71 of 222 49 50 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska AGENDA ITEM #13.8.2. Resolution No. FY2017-11 Page 2 of 2 'Resolution No. FY2017-11 Authorizing An Amendment To The Bo... Page 72 of 222 AGENDA ITEM #13.6.3. KODIAK ISLAND BOROUGH AGENDA STATEMENT OCTOBER 6. 2016 ASSEMBLY REGULAR MEETING TITLE: Resolution No. FY2017-13 Adopting A Capital Improvement Projects Priority List For The 2016-2017 State Legislative Session. ORIGINATOR: Meagan Christiansen FISCAL IMPACT: No Account Number: SUMMARY STATEMENT: FUNDS AVAILABLE: Amount Budgeted: In accordance with KIBC 2.40.030(E), the Planning and Zoning Commission reviews and updates a list of project priorities for the KIB Capital Improvement Program (CIP). The Commission is required to make a recommendation to the Assembly by resolution and deliver that recommendation no later than October 1 st of each year. The Commission generally reviews the prior year's resolution, removes projects which have been funded, and adds new community projects that have come to its attention. The commission receives input from the KIB Parks and Recreation Committee and requests input from the general public. The Assembly has historically referred to the Planning and Zoning Commission's CIP list in preparing a short list of projects for which the Borough requests legislative funding from the State of Alaska to assist in accomplishing important community priorities. The Assembly may add projects, amend language and figures as well as remove projects. The adopted list will be forwarded to our legislative delegation, the governor, and any state agencies that would have oversight and/or involvement in the project. RECOMMENDED MOTION: Move to adopt Resolution No. FY2017-13. Kodiak Island Borough Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page 73 of 222 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Introduced by: Requested by: Drafted by: Introduced: Adopted: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2017-13 AGENDA ITEM #13.8.3. Borough Manager Borough Assembly Special Projects Support 10106/2016 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADOPTING A STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST FOR THE 2017 LEGISLATIVE SESSION WHEREAS, the Kodiak Island Borough represents approximately 14,000 residents of the Kodiak Island Archipelago living in six incorporated cities and one community governed by a tribal council government; and WHEREAS, a Borough—wide capital improvement program has been adopted by the Kodiak Island Borough Planning & Zoning Commission which identifies major needs of the island community for the next five years; and WHEREAS, the Kodiak Island Borough Assembly has identified major projects to submit to the Alaska Governor and State Legislative Delegation for funding consideration; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Kodiak Island Borough's State Legislative capital improvement project priorities for the 2017 legislative session are as follows: 1. MN Tustumena Replacement Vessel Construction Estimated Project Cost $238,000,000 The MN Tustumena was built in 1964 and serves the communities of South Central, Kodiak Island and Southwest Alaska. It is one of two ocean class vessels in the Alaska Marine Highway System (AMHS) fleet. Because of its size and design, it is the only AMHS vessel that is capable of serving all 13 ports of call between Homer and Unalaska. Retiring and replacing the MN Tustumena with a vessel that is equally, if not more, versatile and seaworthy will provide reliable marine transportation service well into the future for the communities, residents and businesses in South Central, Kodiak Island and Southwest Alaska (from the Alaska Marine Highway System website). The MN Tustumena is an essential service to the communities of Kodiak Island. As such, the Kodiak Island Borough is requesting that the legislature concur with the funding plan for the construction of the replacement vessel as described in the 2016-2019 STIP Amendment 1. 2. Anton Larsen Bay Road Extension to Ice Free Water Estimated Project Cost $8,450,000 Funding Acquired 450,000 State Funding Request $8,000,000 Kodiak Island Borough Resolution No. FY2017-13 Page 1 of 3 Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page 74 of 222 AGENDA ITEM #13.8.3. 52 An extension of the Anton Larsen Bay Road to ice free waters will provide year around 53 access to communities located in the Kupreanof Strait as well as those who use the 54 island's west side for commercial and recreational purposes. Many times during the year 55 travel by vessel to and from Kodiak is treacherous. Extending the road to ice free waters 56 makes traveling safer, and provides safer access to critical services located in the City of 57 Kodiak including hospitals and businesses. This route was identified in the Kodiak 58 Transportation Plan as an important upland facility. 59 60 The Ouzinkie Native Corporation subsidiary, Spruce Island Development Corporation 61 (SIDCO) received a $450,000 legislative grant for planning and design to construct two 62 miles of gravel road extending the Anton Larsen Road and to construct a parking area and 63 boat launch ramp at the road's termination, a beach near Crag Point. 64 65 Funding is requested to the Department of Transportation and Public Facilities for 66 construction of this road as it is an extension of an existing state roadway. The land 67 owner, Ouzinkie Native Corporation, has agreed to donate ownership of the road right -of - 68 way to the State when construction funding is obtained. 69 70 3. East Elementary Traffic Flow Improvements 71 Estimated Project Cost $2,000,000 72 State Funding Request $2,000,000 73 74 There is a safety issue in the East Elementary School parking lot. The school was 75 constructed in 1966 with a substantial addition in 1988. The facility now totals 39,842 76 square feet with twenty-five teaching stations. Since the expansion, increased traffic flows 77 have created dangerous vehicle/student hazards when students are entering and leaving 78 school. Reconfiguration of the parking area will reduce risks by providing for a safer 79 separation of pedestrians, small vehicle traffic and bus loading/unloading. The project will 80 require an increase in the total area of the parking lot to allow adequate parking to support 81 increased building usage and occupant load. 82 83 4. Service Area Road Improvements and Paving 84 Estimated Project Cost $5,000,000 85 State Funding Request $5,000,000 86 87 This project addresses the on-going need to improve portions of Borough Service Area 88 roads. There are approximately 26 miles of road among four Road Service Areas that 89 connect residential neighborhoods with the greater Kodiak community. Paving projects will 90 address main thoroughfares or busy neighborhood roads. Improvements to major 91 drainage courses, installation of guard rails, and other identified road improvement needs 92 may also be addressed with this funding. Priorities will be given to collector roadways 93 with relatively higher volume use and further based on recommendations made by the 94 elected service area boards. 95 96 5. Mill Bay Beach Access Upgrade 97 Estimated Project Cost $200,000 98 State Funding Request $200,000 99 100 Mill Bay Beach is a recreational site near the Kodiak City area heavily used by residents, 101 sport fishermen and community groups. Time, tide and use have eroded safe access to 102 the two stretches of beach at this site. Improved access may include new stairs, 103 walkways, and trail enhancements between the two beaches as well as a small raft/kayak Kodiak Island Borough Resolution No. FY2017-13 Page 2 of 3 Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page 75 of 222 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 AGENDA ITEM #13.6.3. launch. 6. Drainage Improvements to the Chiniak Highway at Sargent Creek Estimated Project Cost $54,000 State Funding Request $54,000 Heavy rains along with high tides consistently cause Sargent Creek to flood and diverge from its channel. This causes flooding at the intersection of the Chiniak Highway and Sargent Creek Road. This intersection is the only roadway in and out of Bells Flats subdivision. The flooding occurring here impedes safe travel and often leaves motorists stranded and unable to reach homes or critical services located in town. This request is to provide the DOT in Kodiak funding to construct spot improvements for bank stabilization, armoring, and rechanneling as needed to keep the Sargent Creek in its channel and stop the flooding of the roadway. 7. Monashka Bay Water and Sewer Project: Feasibility, Planning and Design Estimated Project Cost $500,000 State Funding Request $500,000 There are 256 residential parcels that lie outside the reach of the existing sanitary sewer and public water utilities in the Monashka Bay area. The soil and topography in this area are not ideal for septic systems and many are failing. The construction of a wastewater treatment facility at the Kodiak landfill provides an option for future expansion that could include sanitary sewer treatment for the residents of this area. Water in this neighborhood is provided by wells, cisterns and frequently by tank from a distant public source. Water quality and quantity are questionable in the Monashka Bay neighborhood. Extension of water service from the City of Kodiak will be needed. A feasibility study, planning and design is the first step in providing water and sewer services to the residents of the Monashka Bay area. Section 2: The Kodiak Island Borough administration is hereby instructed to advise our State of Alaska Governor and Legislative Delegation of the Capital Improvement Projects Priority List adopted by the Kodiak Island Borough Assembly. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2016 ATTEST: Nova M. Javier MMC, Borough Clerk KODIAK ISLAND BOROUGH Jerrol Friend, Borough Mayor Kodiak Island Borough Resolution No. FY2017-13 Page 3 of 3 Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page 76 of 222 AGENDA ITEM #13.6.3. Notes on the FY17 Capital Projects Resolution We create this resolution each year and submit It to the Governor, Senator and Representative for our district, and the legislative capital project data base to share the Importance of these projects to our community and request capital funds In support of our projects. We also use this list when applying for other funding, such as grants, to show that a project has been vetted through a public process. Tustumena The Stale Department of Transportation's 2016-2019 STIP Amendment 1 includes a funding plan for constructing the Tustumena's replacement vessel using federal funds with a State match funded from the Vessel Replacement Fund. This amendment also proposes that construction begin In September, 2017 rather than in 2019 because of the documented stress cracks In the vessel's steel. The Borough's lobbyist, Mark Hickey, has recommended that we ask our legislators to support the funding plan In the STIP amendment. Anton tarsen Bay Road Extension A project description and details taken from the State of Alaska, Department of Transportation website Is Included In the packet. A 2012 legislative grant from the State to Spruce Island Development Corp (Ourinkie) in the amount of $450,000 is funding design work. A route has been developed as shown In the map Included In the packet. Sun aq Tribe had previously set aside BIA Road Program funds to assist with this project however have recently committed those funds to another project. 5un'aq Tribe has also applied for TIGR grant funding that was not awarded, and may apply for the TIGR grant again or other grant funding on behalf of this project because they believe It is an Important connection for the people of the north and west sides of the Island. East Elementary Traffic Flow Improvements This protect has been an the list for many years with no movement. Attached In the packet Is a white paper produced by the East Elementary School PTA and shared with Island Trails Network for Inclusion In their Safe Routes to Schools Plan. Coordination with KIB and a decision or plan Is needed to flesh out the details of resolving the Issue, such as determining whether to expand the parking lot, where it would be expanded, how much it might cost and where the funding would come from. Service Area Road Improvements and Paving This Item has also been on the list for many years. It benefitted Kill when a State transportation bond was passed and the Borough received a grant (in 20067) In the amount of $2.9m which paid for the Improvement and paving of Sharatin Road and other roads In Woodland Acres without having to assess a special improvement tax to the property owners. We have kept this project on the list incase funding becomes available again, however in light of the recent controversy regarding the Improvement and paving of Otmeloi Way, staff questions whether to continue efforts to obtain funding for service area mad Improvements and paving. MITI gay Beach Access Upgrade We have a 2011 estimate In the amount of $62,000 from Lounsbury & Associates outlining the costs of premnstructlon activities isurveying, mapping, testing, design, permitting, etc.) necessary to construct new amen structures at Mill Bay Beach. Should we continue to pursue this project, a new engineer's estimate would need to be procured, followed by a cost estimate to construct the access. There Is a grant from the State Parks Department for which this project may be a good fit, however it requires a 50% match so some funding would have to be determined prior to application. Drainage Improvements to the Chlniak Highway at Sargent Creek Communication with local DOT employee, Rob Green, asks that we continue to support this request. Monashka Bay Water and Sewer Prolect: Feasibility and Design This project concept was developed when the water treatment plant was constructed within the landfill expansion project to treat leachate. This particular plant is expandable and could potentially treat sewer for the Monashka neighborhoods not reached by the City sewer system. Along with sewer services, Monashka neighborhood residents would also benefit greatly from a reliable, safe water source. Extending existing water services necessitates coordination with the City of Kodiak which has not occurred to dale. Staff questions the timing and expense for this project beyond a feasibility study and whether it would be better to await a later date, perhaps when residential expansion Is planned In the area? Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page 77 of 222 i�......... :u...N i I - GLOSTEN - Project Update: 08-19-16 AGENDA ITEM #13.8.3. 2 ort Retiring and replacing the MN Tustumena with a vessel that is equally, if not more, versatile and seaworthy will provide reliable marine transportation service well into the future for the communities, residents and businesses in South Central, Kodiak Island and Southwest Alaska. Project Key Dates . Glosten Selected for Design November 2013 . Remnnaissance Report March 2014 . Environmental Documents June 2014 . Design Study Report November 2014 . Final Design (100% PS&E) January 2016 100% PS&E (Plans Specifications and Estimates) package received from the designer, Glosten Associates on January 15, 2016. The project is in the current STIP as a Beyond FFY19 project. STIP Amendment 1 pulls that forward to a FFY17 project. Legislative Authority to obligate federal funds for construction and for the slate match will be part of the FY17 DOT&PF budget. Design and construct an ocean going vessel to replace MIV Tustumena . The MN Tustumena entered service in 1964 and is near the end of its design service life. Together with the MN Kennicott, these two ferries are the only ferries capable of serving the Alaska Marine Highway routes between Homer, Kodiak, and the Aleutian Chain. . Why replace the MN Tustumena . Age: 50 years old . Lack of Capacity: 36 Vehicle (720 Lane Feet) and 174 Passengers. There is increasing demand for car deck rapacity between Homer and Kodiak. Also there is an increasing demand for car deck capacity for the Aleutian Chain route . The increase in the discovery of wasted steel and cracking during annual maintenance availabilifies Tustumena Replacement Vessel Characteristics Length Over All (LOA) 330 Feet Depth 24.5 Feet Breadth Over All (BOA) 71 Feel Design Draft 15'- 10" to 16'- 6" (End of Service Life) Air Draft 90 Feel Cruise / Service Speed 15 Knots Vans & Cars 12 Vans & 27 Cars Cars Only 54 Vehicle Loading Ability Stern & Side (Port & Starboard), Vehicle Elevator Vehicle Lane Length 1,180 Feet Passengers 250 (Berths for 104) Officer & Crew Minimum Manning IAW Regulatory Requirement Manned Engine Room 9/7/2016 Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page 78 of 222 AGENDA ITEM qua± Resolution w FY2em,Adopting Capital Impr __. . Page sofm -- d \� �g !.. .. ., . ,!• ! . _.• ! �,! ! ...... ..... : .°,1..., .!! ra,J—Rz \! ;` ;! •! :! !! r : [ „- ({ \\A 1M- !! •!.�! !!!> !).( l�,i |�.; ;! 14 ! ! \ !• !z! |�: || ,- !.. !. !, �. ! !, , !; ! •, ; a ---Mai �• ! �, ! 1;.; �,.! !|` i Resolution w FY2em,Adopting Capital Impr __. . Page sofm AGENDA ITEM #13.8.3. Kodiak Anton Larsen Bay Rd Home Page 1 of 2 Alaska Department of Transportation & Public Facilities/ Southcoast Region Kodiak Anton Larsen Bay Road Extension Project #68420 Project Description The Alaska Department of Transportation and Public Facilities (DOT&PF) proposes to extend the existing Anton Larsen Bay Road in Kodiak, Alaska. Click Here for the Regional and Vicinity Map. The project would construct two miles of gravel road starting at the end of the existing Anton Larsen Bay road, following an existing ATV trail, but continues north as the trail heads east. The road would end at the beach near Crag Point with a parking area and boat launch ramp. The proposed route crosses multiple streams which would require culverts and drainage features along the road. Click Here for the Project Area Map and Here for the Road Extension Typical Sections. This project is currently funded for planning and design under a State of Alaska Department of Commerce, Community, and Economic Development (DCCED) grant that was issued to the Spruce Island Development Corporation (SIDCO). The Department is providing engineering services to SIDCO under agreement. Construction funding has not yet been secured. Purpose & Need The purpose of this project is to improve a year-round transportation link between outlying communities off the Kodiak road system and Kodiak The existing Anton Larsen Bay road ends at a htip://www.dot.alaska.gov/sereg/projectsikodiak anton tarsen bay/index.shtml 9/7/2016 Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page 80 of 222 AGENDA ITEM #13.3.3. Kodiak Anton Larsen Bay Rd Home parking area approximately 15 miles North East of Kodiak on Kodiak Island. An All -Terrain -Vehicle (ATV) trail was constructed recently to allow ATV access between the end of the existing Anton Larsen Bay road and just northeast of Three Pillar Point. The trail is only approved for vehicles up to 3000 lbs, which does not allow for trucks. A boat launch is located approximately one mile from the end of the road and allows for parking and launching small boats but does not allow for year- round boat access because the enclosed nature of the bay often has a layer of fresh water that freezes during the winter Department of Transportation & Public Facilities PO Box 1125oo Project 3132 Channel Drive Information Juneau, Alaska 99811-2500 Contact Information • Kodiak Anton Larsen State of Alaska © 2ot1 Web Manager Bay Home • Proiect Details and Status • Proiect Documents • Contact Regional Links • Southcoast Region Home • Southcoast Region Public Calendar • Southcoast Region Pro' s • Southcoast Region Contract Bid Calendar • Southcoast Region Contract Bid Results • Southcoast Region Maintenance and Operations (M&O) • Southcoast Region AsBuilts • Southcoast Region Survey Plats • Southcoast Region Contacts anton larsen bay/index.shtml 9/7/2016 Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page 81 of 222 AGENDA ITEM #93.8.3. Kodiak Anton Larsen Bay Rd Project Details Page 1 of 2 Alaska Department of Transportation & Public Facilities/ Southcoast Region Kodiak Anton Larsen Bay Road Extension Project #68420 Project Details and Identified Resources The project would • cross multiple anadromous fish streams and may require fish habitat permits from the Alaska Department of Fish and Game. Anadromous fish streams are designated as Essential Fish Habitat (EFH) under the Magnuson -Stevens Fishery Conservation and Management Act. • require work in Waters of the US and filling wetlands which would require authorization from the U.S. Army Corps of Engineers (USACE). DOT&PF would conduct a bald eagle nests survey. • be located on Ouzinlde Native Corporation lands except for the tie into the existing road, which is within DOT&PF right of way. Prior to construction, the necessary right-of-way would be transferred to DOT&PF in order to construct and maintain the road. Also, • If eagle nests are located within Y2 mile of the project, authorization from USFWS may be required. • DOT&PF would require the contractor to use Best Management Practices during construction to avoid and minimize construction -related impacts. Project Status The Department began preliminary design and environmental baseline studies for the proposed route Fall -Winter 2015. Public and Agency scoping began in early Winter 2015 and is currently in process of public noticing. With consideration of public and agency comments, and engineering considerations, the department will make further refinements to the proposed design and complete the environmental documentation. http://wwNv.dot.alaska.gov/screg/projects/kodiak anion larsen bay/Projects details.shtml 9/7/2016 Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page 82 of 222 AGENDA ITEM #13.6.3. t Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page 83 of 222 EAST ELEMENTARY PTA East Elementary Parking Lot Safety Committee PROPOSAL SAFETY & OVERVIEW AGENDA ITEM #93.8.3. FOR EAST ELEMENTARY PARKING Lcrr EFFICIENCY MODIFICATIONS At East Elementary concerns about safely and efficiency in the parking lot have been identified by both parents and staff for many years. In February 2007, the then East Elementary PTA Board through input from parents and staff came up with the current procedures to follow during morning arrival and afternoon dismissal of students. These procedures were designed with the #1 priority as student safety and the #2 priority as efficiency for students riding the buses and getting rides from parents or other adults. The design was to improve usability and safety until something more permanent could be done to ensure the safety of students and pedestrians. Since 2007 nothing else has been done to improve the school's parking lot issues. The Objective The overall objective is to make the East Elementary Parking Lot safe and efficient. Priority #1: Student & Pedestrian Safely Priority#2: Traffic Efficiency Thelssues Both parents and school staff have identified the following issues. • Supervision of students who are dropped off in the Student Loading/Unloading Zone. Parents are "waiting" to move out of the parent pick up and drop off line until their child is safely in the building. Parents and other drivers are not following the procedures during arrival and dismissal causing safety issues and additional risk for students and pedestrians. • The parking lot is too dark to adequately see pedestrians or other vehicles in the winter months. • There are not enough parking spaces to accommodate both parents and staff members needing to park their vehicles during arrival and dismissal times. • Both staff and parents are not parking in the appropriate marked areas. • Parking lot lines are difficult to impossible to see especially in the winter in the dark. • Snow removal is piled up on the wooded back side of the lot and impinges the flow of traffic by not providing adequate space for the back row of parking. • There is not enough room for buses to efficiently maneuver. The Solutions The East Elementary Parking Lot Safety Committee identified the following recommendations that would solve the problems of safely and efficiency. • At least one school staff member should be posted at the Student Loading/Unloading Zone during arrival and dismissal times to safely escort or otherwise supervise students actively getting in and out of parent vehicles. This staff member would also remind parents they may not park their car in this zone and also encourage them to move their vehicles as soon as possible when students have loaded or unloaded to maintain the efficiency of this parent pick up line. Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page 84 of 222 AGENDA ITEM #93.6.3. • Volunteers both within the school parent community and outside the school from local service organizations should be actively sought to form teams of 2-3 volunteers to supervise the traffic of parents during arrival and dismissal times. These volunteers should be provided training from local law enforcement on how to manage traffic, crowds, or the occasional belligerent adults not willing to follow the parking lot procedures. They should also be provided with appropriate safety gear such as reflective vests and light wands. • Additional new lighting is required in several areas of the parking lot. One in the back comer near the baseball field, one on the for side of the lot at the entrance, one in the dumpsler area, and one in the Student Loading/Unloading Zone. • Additional parking could be added by utilizing some of the baseball field, constructing an access road up to the unused blacktop area of the Primary Playground, and by utilizing some of the wooded area at the back of the parking lot. • Parking lot lines could be repainted on a routine basis and with high density yellow reflective paint. This would assist in maximizing parking potential. • A new area for snow removal could be achieved by utilizing the area between the dumpster and the exit. The sidewalk would need to be maintained and not impinged by the piles of snow. • Removing the school buses from the lot entirely would solve many traffic flow issues, get the students riding the buses into the building earlier so they arrive on time for school to start, and would improve the overall congestion in the lot. A Dedicated Bus Ramp or Loop utilizing the wooded lot and access mad/path behind the City of Kodiak Public Works lot and extending out the current sidewalk to join that new School Bus Loading/Unloading Zone would eliminate all but the Special Education and Handicap buses from the lot. This would allow a much greater loading/unloading area for students needing rides from parents or other adults. CONCLUSION The parents and stag have identified the day to day safely issues of the East Elementary Parking Lot. Changes must happen and solutions to these issues are required BEFORE an incident happens that cannot be fixed like someone getting seriously hurt or killed. All of our children and pedestrians are at risk when walking in our parking lot under the current conditions. The solutions provided in this safety proposal am reasonable expectations to improve the safety of our school parking lot. Thank you for your consideration, East Elementary PTA Kerry Halter, President Melissa Magnuson, Vice President Amy Johnson, Treasurer Tammy Holforty, Secretary Luke Smith, Member Edcka Schaug, Member Bonnie Slobinski, Member December 4, 2012 2 Tania Silva -Johnson, Member Susan Patrick, Teacher Representative Chris Provost, Teacher Representative Esther Furio, Teacher Representative Kathy Powers, School Principal Ann Kirven, Parent Facilitator Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page B5 of 222 AGENDA ITEM #13.8.3. MEMORANDUM Date: March 30, 2011 To: Bud Cassidy, Kodiak Island Borough Community Development From: Joshua Cross, P.E. Subject: Scope of Work— Island Lake Trail, Mill Bay Access PROJECT OUTCOME Prepare construction and permitting documents for at Mill Bay in Kodiak, Alaska. This project is part project. 4 SCOPE OF WORK The services described in this scope of wor ill b Borough's Professional Services Agreemen Civil Engineering Consulting and Relaf�ervic rstruction of beach access Island Lake Trail Upgrade The proposed scope of work will consi%piTq%J&oWVR tasks in accordance with the & Associates, Inc. for Task 1 — Survevino and Ma i Lounsbury will perform top aphi ury of the existing Mill Bay Beach recreation area seaward from Reza riv he existing parking lot and beach access. We will research the recor preps a plan of survey. We will mobilize a two - person crew to Ko�P rage. Survey and Mapping efforts will include: • Locating sical fes es "ICocate and map physical features, natural or man- made, that Id affec he design of the project. • Locating geot i orings - Locate and map geotechnical bore holes. • Locating ExistingMtilities - Locate and map all existing improvements and utilities (above and underground) within the typical survey limits. These limits shall be extended as necessary to match the DTM limits. Overhead utility wire crossings shall be located at the existing and proposed centerlines; elevations for these points shall be the wire elevation. For below -grade structures, the frame top and pipe invert shall be recorded. Underground utilities shall be located according to information provided by the Locate Call Center (278-3121). • DTM Data - By conventional ground survey, define the existing ground surface by creating a Digital Terrain Model (DTM) sufficient to generate contours of two foot intervals. &gs �4�%fir 5309 A Streel Anchorage, Alaska 99518 T: 997.272.5451 F: 997 272.9965 � W 9 p. "' ■ 3161 L Palmer-Wasilla Highway, Suile 2 Wasilla, Alaska 99654 T: 907-357-9129 F: 907-357-9140 r U N S 8 U R Y I N C. C r Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page 86 of 222 AGENDA ITEM #13.6.3. Island Lake Trail Upgrade —Mill Bay Beach Access Kodiak Island Borough Scope of Work P. 2 • Legal Boundaries - Lounsbury will recover and tie sufficient boundary control to show the parcel boundaries per the plat(s) of record. Vertical datum will be assumed on site. • Existing Conditions Survey drawing — Lounsbury will prepare a drawing showing the parcel boundaries, roadways, driveways, parking areas, bluff, beach and any improvements within the survey limits. Task 2 — Geotechnical Investigation Northern Geotechnical (NGE-TFT) will provide all geotechnical services to support the design of a beach access. The following tasks will be performed as geotechnical services: Task 2a. Field Explorations - Approximately four excavated along the face of the existing slope leading beach. The test pit locations will correspond with F pedestrian ramp and at least one test pit will be I existing kayak/raft launch (Figure 1). The test ' v depth of approximately 10 feet bgs, or t e t encountered first). A representative of NG locations and collect appropriate samples < collected during the excavation activities will b air the natural moisture content of the s labe lab for further identification and testin T I with the excavated spoils. Task 2b. Laboratory Testi All the to the lab for further id tion ti properties and frost classifi s a p moisture content, p iz 'stribution, testing will be p med of at may the site. The ers of ch est may encountered. test pits are proposed to be uW# the parking area from the tial sites for the proposed NkLalong the alignment of the ill Bwended to a maximum edroc urface (whichever is be onsifF to select the test pit ratory analysis. Soil samples d in air -tight bags (to preserve Iccordingly, and returned to our will be subsequently backfilled nples obtained in the field will be returned I. The soil samples will be tested for index iate. The index property tests may include and organic content. Frost classification affect the performance of paved areas at be altered depending on the materials Task 2c. GeotechnidlWport - A geotechnical report will be prepared which will present the data collectM in the field; including graphical test pit logs depicting the subsurface conditions encountered at each test pit. The report will also include the results of the laboratory analyses, as well as engineering recommendations for future foundations and pavement sections based on the lab results and observations made in the field. Deliverables Geotechnical Report — One copy as PDF and one paper copy. lounsbury & associates, inc. Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page 87 of 222 AGENDA ITEM #13.6.3. Island Lake Trail Upgrade — Mill Bay Beach Access Kodiak Island Borough Scope of Work P. 3 Task 3 — Permitting Solstice Consulting will provide permitting services to support the construction of a beach access. Lounsbury will provide engineering support for permitting tasks. The following will be performed as Permitting services: Task 3a. Intertidal Assessment - Solstice will travel to Kodiak for one day to complete a field assessment of the project area. Work will involve documenting intertidal species (invertebrates and algae) present, substrate characteristics, and any degradation of the area. While in Kodiak, Solstice will discuss the project and potential mitigation options with project officials. It is possible that meetings with agencies will occur while in Kodiak to determine the importance of the site. Solstice will draft a short memorandum documenting the findings from the field. The memo will focus on the ecological functions and human values of the proposed project area. Task 3b. Permit Application Preparation - Solstice wi epare the following permit applications and environmental consultations: • U.S. Army Corps of Engineers' Wetlands it -f ork below Ordinary High Water • Alaska Department of Natural RaCurcSoAlaska Coastal Management Program Coastal Project Questionnair nforceable Policies Consistency Determination • National Oceanic and Atmosp isTMion (NOAA) Fisheries Essential Fish Habitat Consultation • State Historic Presery Ice nsultation • Endangered Spec' Act C sultation with NOAA Fisheries and U.S. Fish and Wildlife Se In addition, Solsti o y discuss the project with regulatory agencies to determine whet other rm and environmental authorizations are needed, including a State elands L se. A project descriptioinqJFbrmation provided by Lounsbury will be written to meet the needs and requirerlW of the permit applications. Task 3c. Agency Follow up - Agency questions and additional information needs will be addressed as needed. Once permits are issued, a permit commitments memorandum will be drafted to clearly advise the contractor of the permit stipulations. Deliverables Field Visit Findings Memorandum — one copy as PDF Permit Applications — copies as required by the Borough and Permitting Agencies Permit Commitments Memorandum — one copy as PDF lounsbury & associates, inc. Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page 88 of 222 AGENDA ITEM #13.8.3. Island Lake Trail Upgrade —Mill Bay Beach Access Kodiak Island Borough Scope of Work p. 4 Task 4 — Design Study/Memorandum Lounsbury will prepare a design memorandum summarizing design evaluations, preliminary costs, and recommendations. The following alternatives will be evaluated: Beach Access — Stairs • Beach Access — Ramp • Raft/Kayak Access — Ramp A draft design memorandum will be submitted for Borough review and comment. Comments will be incorporated into a final design memorandum. Deliverables Draft design memorandum — one copy as PDF Compilation of comments and responses — one e Final design memorandum — one electronic copy I aan 0— rioi ia. oucuui OL1U1 ia, 011U u it Based on acceptance of the Design specifications, and estimates for the completed as PS&E tasks: Task 5a. Draft PS&E package — Pj estimate of the selected alternative a review and comment. Lounsbury will prepare project site, locations r improvements, existing iic copy as PDF F, and one paper copy will prepare plans, following will be specifications, and engineer's to Kodiak Island Borough for )osed location of the access on the ig topography, locations of physical details. Lounsbury will pre ci ons pertaining to the construction of the proposed access. Applica permi d ents will be included as appendices. Final plans will be signed a aled by Registered Professional Engineer of record. Lounsbury will prep ng- is estimates for Kodiak Island Borough's use. Task 5b. Final PS& ckage — Comments on the Draft PS&E package will be incorporated into a final PS&E package. The final PS&E package will be submitted to the Kodiak Island Borough for bidding and construction purposes. Deliverables Draft PS&E package — one electronic copy as PDF for Borough review and comment. Compilation of comments and responses — one electronic copy as PDF Final PS&E package — one electronic copy as PDF, and one paper copy: plans as 22x34, unbound specifications as 8.5x11, and estimate as 8.5x11 lounsbury & associates, inc. Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page 89 of 222 AGENDA ITEM #13.6.3. Island Lake Trail Upgrade — Mill Bay Beach Access Kodiak Island Borough Scope of Work P. 5 Task 6 — Bidding and Construction Support Lounsbury will assist the Borough during bidding and construction of the proposed access. The assistance shall be performed by personnel that were in responsible charge during the planning and design phases of the project. Lounsbury will assist the Borough in providing clarification of the bid documents, identifying work or materials that do not satisfy the requirements of the construction documents and resolving construction problems as they arise. Deliverables Bid Clarification — format as required Construction Support — format as required Submittal review—format as required Task 7 — Construction Inspections Lounsbury will perform an inspection of the cor will be performed at the Borough's request. inspections, Lounsbury will submit a separate Construction Inspection Services. Id ITEMS PROVIDED BY KODIAK Existing Information The Borough will provide records. These items y� plans, and permit exh' s. Additional inspections to perform additional s and fee estimate for matics, existing permits, and land project related maps, engineering Surveying and Mappin _ If Lounsbury i on to perform Task 1 -Surveying and Mapping, the Borough wi ovide al %rve documentation and electronic mapping necessary to complete s 2 thr gh 5. Survey documentation includes copies of field notes, electroniN%ta,0 a survey control sheet printed on a 22x34 sheet signed and sealed by a 109W professional surveyor. Electronic mapping will include a drawing file (or filesT with the survey control sheet, base map, and a surface model. Drawings will be provided in Autodesk 2009 Civil 3D format with .dwg file extensions. The electronic map will clearly depict those items described in Task 1. Permitting The Borough will provide additional documentation necessary for completing permit applications. Additional documentation includes items not readily available or prepared by Lounsbury but required by local, state and federal regulations. Permits and/or permit packages will be signed and submitted by the Borough. lounsbury & associates, inc. Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page 90 of 222 AGENDA ITEM #13.6.3. Island Lake Trail Upgrade — Mill Bay Beach Access Kodiak Island Borough Scope of Work P. 6 Reviews The Borough will review draft plans, specifications, and estimates. Comments will be provided in Microsoft Word format. Right of Entry The Borough will obtain written authorization for entry on all parcels as required for survey activities COMPENSATION Billing Group Task Estimated Fee Cumulative Total 1 Surveying and Mapping $ 10,859 $ 10,859 2 Geotechnical Investigation $ 6,314 $ 17,173 3 Permitting $ 0,710 $ 27,883 4 Design Memorandum 8,140 $ 36,023 5a Pre PS&E 5,813 $ 51,835 SbFinal PS&E $ 75 $ 56,810 6 Biddin Assistance $ 0 $ 57,470 7 Construction Assistance qL 61,970 This estimate assumes the PS&E t a an ) will design a pedestrian 1 raft/kayak access. Based on the tc a Design Memorandum Lounsbury will revise the estima PS pe ation. �goes not Lounsbury will complete al sks a e and Materials Basis. stiE ma<ed„losu related to each task are a he t ertaining to travel, Ic and other directly related a submitted for compens Surveying and Ma me a single mobilization and c this and other cts. e s may increase if Lounsbury perform surveyin sks for t other projects. Costs is not authorized to lounsbury & associates, inc. Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page 91 of 222 FEE PROPOSAL - ENGINEERING PROJECT. Island Lake Trail Upgrade - Mill Bay Access CLIENT.. Kodiak Island Borough Dale: 30 -Mar -11 Estimator: J. Cross Revision: PROJECT COST SUMMARY: Task AGENDA ITEM #13.8.3. Basic Svcs Addl Svcs Combined Total Total Total PUBLIC & AGENCY INVOLVEMENT $0 $0 $0 1 SURVEYING 8 MAPPING $10,859 $0 $10,859 2 GEOTECHNICAL INVESTIGATION 14 $0 $6,314 HYDROLOGIC AND HYDRAULIC ENGINEERING $0 $0 $0 3 PERMITTING $10,7 $0 $10,710 HISTORICAL AND ARCHEOLOGICAL INVESTIGATI $0 $0 $0 4 DESIGN STUDY REPORT I MEMORANDUM $8,140 $0 $8,140 RIGHT-OF-WAY ACQUISITION $0 $0 $0 5a DRAFT PSBE $15,813 $0 $15,813 5b FINAL PSBE $4,975 $0 $4,975 BID CHECK SET $0 $0 $0 6 BIDDING ASSISTA$0 $660 $660 7 CONSTUCTION AS/SI CE $0 $4,500 $4,500 TOTAL BASIC SERVICES: TOTAL ADDITIONAL SERVICES: TOTAL CONTRACT AMOUNT. monad Mill_aay_Ac ss_Eslimale_KIB 02 xlsx; summary $56,810 $5,160 $61,970 Lounsbury Associates, Inc. 1 0( n surveyors Engineers Planners Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page 92 of 222 AGENDA ITEM #13.8.3. Resolution No. FY2017-13 Adopting A Capital Improvement Proj... 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Resolution No. R2017-1 aAdopting ACapital Improvement Proj - _---- — . ������� \) y b| ����� (§ ~ «m00 ►���I���� : ^� \;a \ -\\\ W-- \ : 3 ��������� �► \ \00 a7 \�)� � \ cn \ ) § °9« ) )\ 2 j\/!\j \ §\ :2B�BIN Resolution No. R2017-1 aAdopting ACapital Improvement Proj ������� . &@,@ @�2 AGENDA 7£m AIaI Resolution No. FY s,ae Adopting Aa�lImprovement Proj. Page 107 of 222 3 !» ] | § #r \� 2| ` ©� 00 42 - { LU �g \\ .�� �/ -4000 �� \ S �\ kk k \\\� U) G2! 3 Be«in co §))kk� (} Resolution No. FY s,ae Adopting Aa�lImprovement Proj. Page 107 of 222 AGENDA 7£m #13.B.3. Resolution No. FY2,o&,aAdopting ACapital p__ent Proj. @@,2 0222 - - - - . B/� : h ,2. %�! ) 2! ` § !{ , |.§ - i :0:� A w Resolution No. FY2,o&,aAdopting ACapital p__ent Proj. @@,2 0222 AGENDA ITEM #13.6.3. NORTHERN GEOTECHNICAL ENGINEERING, INC. / TERRA FIRMA TESTING February 22, 2011 Lounsbury & Associates, Inc. 5300 A Street Anchorage, Alaska 99518 Attn: Josh Cross, P.E. Proposal l l-29 RE: COST PROPOSAL TO CONDUCT GEOTECHNICAL EXPLORATIONS AT THE MILL BAY BEACH ACCESS SITE, KOD K, ALASKA Josh, Per your request, Northern Geotechnical Engi mg, Inc. db. erra Firma Testing (NGE-TFT) is pleased to present this cost pr I t nduct geotechnical explorations at the above referenced site. The site is located along the east side o�e in Kodiak, Alaska (Figure 1). The site consists of a vehicle utLrdoto arking area with an unimproved kayak/raft launch ramp le sbeach. The parking areasits approximately 12-15 fee veround surface slopes moderately down towards the ck outcrops adjacent to the site are visible in aerial photography of t t I re , d shallow bedrock likely underlies the site. Proposed improv is to site include improvements to the existing kayak/rail launch ramp and/or t ruction of an ADA accessible ramp and/or staircase which would lead from the par Ing area to the beach. Improvements to the kayak/raft launch ramp are envisioned to consist of pre -formed concrete slabs placed adjacent to one another along the existing launch ramp alignment. The location of the proposed pedestrian ramp/stairs is currently uncertain. Scope of Work The proposed work is divided into three tasks described below: • Task I — Field Explorations. Approximately four test pits are proposed to be excavated along the face of the existing slope leading up to the parking area from the beach. The test pit locations will correspond with potential sites for the Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page 109 of 222 Mill Bay Beach Access Lounsbury & Assoc. February 22, 2011 AGENDA ITEM #13.6.3. Pruposal 11-29 proposed pedestrian ramp and at least one test pit will be located along the alignment of the existing kayak/raft launch (Figure 1). The test pits will be extended to a maximum depth of approximately 10 feet bgs, or to the bedrock surface (whichever is encountered first) and will be approximately 24 four feet in width and 10-15 feet in length. A representative of NGE-TFT will be onsite to select the test pit locations and collect appropriate samples for laboratory analysis. Soil samples collected during the excavation activities will be sealed in air -tight bags (to preserve the natural moisture content of the samples), labeled accordingly, and returned to our lab for further identification and testing. The test pits will be subsequently backfilled with the excavated spoils and the test pit locations marked in the field with survey lathe so they can be later surveyed. a Task 2 — Laboratory Testing. All of the sam btained in the field will be returned to the lab for further identification este a soil samples will be tested for index properties and frost cl kation as ropriate. The index property tests may include moisture co t, p le size ds 'bution, and organic content. Frost classification testing will nned on soils that may affect the jj� performance of paved areas at 'te. The hers of each test may be altered depending on the materials enco e a Task 3 — Report a port I&I be prepared which will present the data collected in the fi incl cal test pit logs depicting the subsurface conditions encounte ach to 1t. The report will also include the results of the I rn1d well as engineering recommendations for future form tiant ctions based on the lab results and observations made in Schedule The tasks described above can commence immediately upon receipt of written approval to proceed. Field activities can usually be completed in about 10-15 business days, depending upon excavation contractor availability and resolution of any utility conflicts. The lab work can usually be finished in about 10 days, depending on the backlog in the lab at the time. Interpretation of the laboratory data, preparation of the test pit logs and figures, and finalizing the report will be completed about two to three weeks following receipt of the laboratory test data. NGE-TFT 11301 Olive Lane, Anchorage, AK 99515 Page 2 Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page 110 of 222 Mill Bay Beach Access Lounsbury & Assoc. February 22, 2011 AGENDA ITEM #13.6.3. Proposal 11-29 Assumptions and Cost Cost to complete the work is presented on the table below. These costs include a 10% markup for outside services handled through this office. The costs assume that the work will be conducted in thawed. If seasonally frozen soils are encountered, then additional excavation effort will likely be required at additional cost. NGE-TFT is not responsible for surveying the proposed launch/ramp/stair locations or test pit locations, and the test pit locations will be estimated from the drawings/photos provided by the client. The proposed scope can modified at any time to satisfy project requirements/objectives. Billing will be on a time and material basis, using the rates shown below. The total cost will not be exceeded without prior written approval. TASK2-LABORA $920 Moisture Conte 10.0 $14 ea $140 COST ESTIMATE 2.0 $90 ea Quantity Subtotal Total TASK 1 - FIELD EXPLORATIONS $185 ea $3,474 Site Evaluation/Utility Locates $1,000 da $500 Mob/Demob drill excavator 0 400 ea $400 Excavator/operator $165 hr $660 Geotech Geologist 0. 1,000 day $500 Mob/Demob Geotech Geologist 2.0 $160 hr (includes RT airfare) $675 ea $675 Per Diem 1.5 $261 ea $392 Vehicle Rental 1.5 $165 day $248 Sample freight 1.0 $100 ea $100 TASK2-LABORA $920 Moisture Conte 10.0 $14 ea $140 Grainsize 2.0 $90 ea $180 sific Frost Clasation V1 2.0 $185 ea $370 Percent Passing #200 4.0 $45 ea $180 Organic content 1.0 $50 ea $50 TASK 3 - REPORT $1,920 Engineering Analysis 2.0 $160 hr $320 Laboratory Compilation 3.0 $100 hr $300 Drafting Logs and Figures 5.0 $100 hr $500 Report 8.0 $100 hr $800 PROJECT TOTAL NGE-TFT 11301 Olive Lane, Anchorage, AK 99515 Page 3 $6,314 Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page 111 of 222 AGENDA ITEM #13.6.3. Mill Bay Beach Access Proposal 11-29 Lounsbury & Assoc. February 22, 2011 The work will be completed in accordance with the attached terms and conditions. Approval of the above scope and cost can be authorized by signature below. A fax copy (344-5993) of this signed last page of the proposal returned to this office will constitute a notice to proceed. This opportunity to propose on this work is greatly appreciated. If you wish to change the scope or have any questions, please do not hesitate to contact me at your convenience at (907)344-5934. Sincerely, Northern Geotechnical Engineering, Inc. db.a. Terra Firma Testing, 40 �S- Andy Smith Keith F. Mobley, P.E. Project Geologist President Client Signature: Date: NGE-TFT Page 4 11301 Olive Lane, Anchorage, AK 99515 Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page 112 of 222 AGENDA ITEM #13.6.3. Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page 113 of 222 r H a_ a LL w� y 1- M W z O H m U) Q 'e O U E O� O „< /. j � l 11 t8 Y m a m m /,ri S lis r V � W fa, Js64 \y�y f�� Y _! µ s7, IL O r `o o � U O J M N m E 3ry � Sbos ` 0 O Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page 113 of 222 AGENDA ITEM #13.8.3.AO Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page 114 of 222 m m Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page 114 of 222 AGENDA ITEM #13.6.3. Meagan Christiansen From: Greene, Robert M (DOT) <robert.greene@alaska.gov> Sent: Thursday, September 01, 2016 2:19 PM To: Meagan Christiansen Subject RE: Chiniak Highway at Sargent Creek This is pretty much spot on. If the Borough will continue to help with ensuring the needs are there, it will help on our end to make sure this work gets completed. Robert M Greene TMS II Kodiak Aleutian District Superintendent 150o Anton Larsen Road Kodiak Alaska 99615 907-487-4952 Office 907-487-4913 Fax Keep Alaska Moving through service and infastructure From: Meagan Christiansen fmailto•mchristiansen(a)kodiakak.usl Sent: Thursday, September 01, 2016 2:03 PM To: Greene, Robert M (DOT) Subject: FW: Chiniak Highway at Sargent Creek Sorry, missed the end of the description... From: Meagan Christiansen Sent: Thursday, September 01, 2016 2:01 PM To: 'Greene, Robert M (DOT)' Subject: RE: Chiniak Highway at Sargent Creek Thank you for the response. Following is the description we used last year in our Capital Improvement Projects list, can you please let me know if it is accurate or share suggested revisions with me? Drainage Improvements to the Chiniak Highway at Sargent Creek Estimated Project Cost $54,000 Heavy rains along with high tides consistently cause Sargent Creek to flood and diverge from its channel and flood the intersection of the Chiniak Highway and Sargent Creek Road. This intersection is the only roadway in and out of Bells Flats subdivision. The flooding occurring here impedes safe travel and often leaves motorists stranded and unable to reach homes or critical services located in town. Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page 115 of 222 AGENDA ITEM #13.8.3. KIB requests that the DOT in Kodiak be provided funding to construct spot improvements for bank stabilization, armoring, and rechanneling as needed to keep the Sargent Creek in its channel and stop the flooding of the roadway. Thanks, Meagan From: Greene, Robert M (DOT) fmaiito:robert.areene(la alaska.00vl Sent: Thursday, September 01, 2016 11:38 AM To: Meagan Christiansen Subject: RE: Chiniak Highway at Sargent Creek We have some funding from our General Fund, we were going to do the work during the window we would be allowed to be in the river. Right of Way needed concurrence from the property owner outside of the ROW and that has stalled the project. We still need the Borough to Support this work as the question of why we are doing it has come up from some new players in DOT. Robert M Greene TMS II Kodiak Aleutian District Superintendent 15oo Anton Larsen Road Kodiak Alaska 99615 907-487-4952 Office 907-487-4913 Fax Keep Alaska Moving through service and infastructure From: Meagan Christiansen rMailto:mchrigtian5Cn@kodiakak.us Sent: Thursday, September 01, 2016 10:54 AM To: Greene, Robert M (DOT) Subject: Chiniak Highway at Sargent Creek HI Rob, I am following up on a conversation that former Borough Manager Bud Cassidy had with you approximately a year ago regarding the need to construct minor Improvements near the intersection of the Chiniak Highway and Sargent Creek Road due to periodic flooding events. I am wondering if funding has been provided to your department to make the improvements or if there is still an ongoing need for the Borough to support your efforts to resolve the problem? Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page 116 of 222 AGENDA ITEM #93.6.3. Thanks Meagan 9vteagavt C(ristiartsen Special Projects Support Kodiak Island Borough 907-486-4323 mchristiansen(ikodiakak.us Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page 117 of 222 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Introduced by: Requested by: Drafted by: Introduced: Amended: Adopted: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2016-09 AGENDA ITEM #13.6.3. Borough Manager Borough Assembly Special Projects Support 11/05/2015 11/05/2015 11/05/2015 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADOPTING A STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST FOR THE 2016 LEGISLATIVE SESSION WHEREAS, the Kodiak Island Borough represents approximately 14,000 residents of the Kodiak Island Archipelago living in six incorporated cities and one community governed by a tribal council government; and WHEREAS, a Borough -wide capital improvement program has been adopted by the Kodiak Island Borough Planning & Zoning Commission which identifies major needs of the island community for the next five years; and WHEREAS, the Kodiak Island Borough Assembly has identified major projects to submit to the Alaska Governor and State Legislative Delegation for funding consideration; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Kodiak Island Borough's State Legislative capital improvement project priorities for the 2016 legislative session are as follows: 1. MN Tustumena Replacement Vessel Construction Estimated Project Cost $238,000,000 State Funding Request $50,000,000 The Alaska Department of Transportation and Public Facilities is currently in the process of designing the MN Tustumena replacement vessel. The MN Tustumena was built in 1964 and serves the communities of South Central, Kodiak Island and Southwest Alaska. It is one of two ocean class vessels in the Alaska Marine Highway System (AMHS) fleet. Because of its size and design, it is the only AMHS vessel that is capable of serving all 13 ports of call between Homer and Unalaska. Retiring and replacing the MN Tustumena with a vessel that is equally, if not more, versatile and seaworthy will provide reliable marine transportation service well into the future for the communities, residents and businesses in South Central, Kodiak Island and Southwest Alaska (from the Alaska Marine Highway System website). The MN Tustumena is an essential service to the communities of Kodiak Island. As such, the Kodiak Island Borough is requesting that the Governor plan to include in the capital budget a $50,000,000 deposit into the Vessel Replacement Fund to provide funding for the construction of the replacement vessel. Kodiak Island Borough Resolution No. FY2016-09 Page 1 of 4 Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page 118 of 222 AGENDA ITEM #13.8.3. 51 2. Anton Larsen Bay Road Extension to Ice Free Water 52 Estimated Project Cost $8,450,000 53 KIB Funding Source: Ouzinkie Native Corp, SIDCO 450,000 54 State Funding Request $8,000,000 55 56 An extension of the Anton Larsen Bay Road to ice free waters will provide year around 57 access to those communities located in the Kupreanof Strait as well as those who use the 58 island's west side for commercial and recreational purposes. Many times during the year 59 travel by vessel to/from Kodiak is treacherous. Extending the road to ice free waters 60 makes traveling safer, providing access to critical services located in the City of Kodiak 61 including hospitals and businesses. This route was identified in the Kodiak Transportation 62 Plan as an important upland facility. 63 64 The Ouzinkie Native Corporation subsidiary, Spruce Island Development Corporation 65 (SIDCO) received a $450,000 legislative grant for planning and design. With that grant 66 funding SIDCO is working with DOT finalizing the route and developing a more formal cost 67 estimate. 68 69 Funding is requested from DOT for construction of this road as it is an extension of an 70 existing state roadway. Additionally, the land owner, Ouzinkie Native Corporation, has 71 agreed to donate ownership of the road right-of-way to the State when construction 72 funding is obtained; and another local organization, Sun aq Tribe of Kodiak, is working to 73 obtain BIA or other road grant funding to support the project. 74 75 76 3. East Elementary Traffic Flow Improvements 77 Estimated Project Cost $2,000,000 78 State Funding Request $2,000,000 79 80 There is a safety issue In the East Elementary School parking lot. The school was 81 constructed in 1966 with a substantial addition in 1988. The facility now totals 39,842 82 square feet with twenty-five teaching stations. Since the expansion, increased traffic flows 83 due to business development in the area have created dangerous vehicle/student hazards 84 when students are entering and leaving school. Reconfiguration of the parking area will 85 reduce risks by providing for a safer separation of pedestrians, small vehicle traffic and 86 bus loading/unloading. The project will require an increase in the total area of the parking 87 lot to allow adequate parking to support increased building usage and occupant load. 88 89 4. Drainage Improvements to the Chiniak Highway at Sargent Creek 90 Estimated Project Cost $54,000 91 State Funding Request $54,000 92 93 Heavy rains along with high tides consistently cause Sargent Creek to flood and diverge 94 from its channel. This causes flooding at the intersection of the Chiniak Highway and 95 Sargent Creek Road. This intersection is the only roadway in and out of Bells Flats 96 subdivision. The flooding occurring here impedes safe travel and often leaves motorists 97 stranded and unable to reach homes or critical services located in town. 98 99 This request is to provide the DOT in Kodiak funding to construct spot improvements for 100 bank stabilization, armoring, and rechanneling as needed to keep the Sargent Creek in its 101 channel and stop the flooding of the roadway. Kodiak Island Borough Resolution No. FY2016-09 Page 2 of 4 Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page 119 of 222 AGENDA ITEM #93.B.3. 102 5. Service Area Road Improvements and Paving 103 Estimated Project Cost $5,000,000 104 State Funding Request $5,000,000 105 106 This project addresses the on-going need to improve portions of Borough Service Area 107 roads. There are approximately 26 miles of road among four Road Service Areas that 108 connect residential neighborhoods with the greater Kodiak community. Paving projects will 109 address main thoroughfares or busy neighborhood roads. Improvements to major 110 drainage courses, installation of guard rails, and other identified road improvement needs III may also be addressed with this funding. Priorities will be given to collector roadways 112 with relatively higher volume use and further based on recommendations made by the 113 elected service area boards. 114 115 116 6. Fire Protection Area No. 1 Fire Tanker/Tender Vehicle 117 Estimated Project Cost $420,000 118 KIB Funding Sources: Service Area Funds $320,000 119 State Funding Request $100,000 120 121 The Bayside Fire Station provides fire protection to the residents and visitors of Fire 122 Protection Area No. 1. Bayside Fire Station's existing fire tanker/tender vehicle that 123 serves the area is 32 years old and in need of replacement. The estimated cost of a new 124 fully equipped 3,000 gallon fire tank/tender vehicle delivered to Kodiak is $420,000. Fire 125 Protection Area No. 1 has $320,000 to fund the purchase of the vehicle. The remaining 126 $100,000 required to complete the purchase is requested. 127 128 129 7. Mill Bay Beach Access Upgrade 130 Estimated Project Cost $200,000 131 State Funding Request $200,000 132 133 Mill Bay Beach is a recreational area heavily used by residents, sport fishermen and 134 community groups who come to access this beach site close to town. Time, tide and use 135 have eroded safe access to the two stretches of beach at this site. The project has been 136 through the design and engineering process. New construction items proposed for this 137 project include new stairs, walkways, and trail enhancements between the two beaches 138 as well as a small raft/kayak launch. 139 140 141 8. Monashka Bay Water and Sewer Project: Feasibility, Planning and Design 142 Estimated Project Cost $500,000 143 State Funding Request $500,000 144 145 There are 256 residential parcels that lie outside the reach of the existing sanitary sewer 146 and public water utilities in the Monashka Bay area. The soil and topography in this area 147 are not ideal for septic systems and many are failing. The construction of a wastewater 148 treatment facility at the Kodiak landfill provides an option for future expansion that could 149 include sanitary sewer treatment for the residents of this area. Water in this neighborhood 150 is provided by wells, cisterns and more frequently by tank from a distant public source. 151 Water quality and quantity are questionable in the Monashka Bay Neighborhood. 152 Extension of water service from the City of Kodiak will be needed. A feasibility study, Kodiak Island Borough Resolution No. FY2016-09 Page 3 of 4 Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page 120 of 222 AGENDA ITEM #13.6.3. 153 planning and design is the first step in providing water and sewer services to the residents 154 of the Monashka Bay area. 155 156 157 Section 2: The Kodiak Island Borough administration is hereby instructed to advise 158 our State of Alaska Governor and Legislative Delegation of the Capital Improvement 159 Projects Priority List adopted by the Kodiak Island Borough Assembly. 160 161 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 162 THIS FIFTH DAY OF NOVEMBER, 2015 163 KODIAK ISLAND BOROU H ATTEST: trot Fri; vnugh Mayor Lt� � 164 Nova M. Javier, 14110b, Borough Clark Kodiak Island Borough Resolution No. FY2016-09 Page 4 of 4 Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page 121 of 222 AGENDA ITEM #13.8.3. Memorandum To: Kodiak Island Borough Assembly From: Spruce Island Development Corporation Duncan Fields, Contact Date: 9/26/16 Subject: Request to Prioritize Anton Larsen Bay Road Extension On HIB 2017 CIP list Spruce Island Development Corporation, SIDCO, a non-profit community development corporation consisting of the City of Ouzinkie, Ouzinkie Tribal Council and the Ouzinkie Native Corporation. SIDCO is requesting $8,000,000.00 in State funding to complete a 2.1 mile extension of the Anton Larsen Bay road to year - around salt water. Ouzinkie is contributing about $2,800,000 in right-of-way value and Koniag, Inc. is expected to donate in excess of $1,000,000 in subsurface value. In addition to the Ouzinkie entities and Koniag, Inc., the project is strongly supported by the Sun'aq tribe, City and Village of Port lions, Native Village of Afognak, Afognak Native Corporation, Kodiak Rural Forum and Kodiak residents that use Anton Larsen Bay as a boat launch and departure point. An initial grant of $450,000.00 was granted to SIDCO through the 2012 legislative capital budget. This money was used for LIDOR imaging with the remainder going to the Alaska Department of Transportation for routing, design and preliminary engineering as well as cost estimation. DOT recently concluded that project completion would cost approximately $8,000,000.00. The Anton Larsen Bay road extension is a safety and protection of life project that has been on both the KIB and the Ouzinkie CIP lists for most of the past 20 years. The continued identification of this project as important to Kodiak Island is an indication of the importance of the project to the Kodiak community and reflects ongoing concerns about Ouzinkie and Port Lion's emergency access to Kodiak. The project also has economic development enhancement possibilities. Koniag, Inc.'s rock quarry is about 3 miles away. Year around access for rock shipments could substantially reduce transportation costs for the quant'. Thousands of sportsmen use Anton Larsen Bay as a departure point during the summer. If winter access were obtained, many of these recreation users would expand their use of the area. Resolution No. FY2017-13 Adopting A Capital Improvement Proj... Page 122 of 222 AGENDA ITEM #13.C.1. KODIAK ISLAND BOROUGH AGENDA STATEMENT /54 OCTOBER 6, 2016 ASSEMBLY REGULAR MEETING �Jr TITLE: Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, Larsen Bay Subdivision From R1 -Single-family Residential District To B -Business District (P&Z Case No. 16-038). ORIGINATOR: Jack Maker FISCAL IMPACT: No Account Number: SUMMARY STATEMENT: FUNDS AVAILABLE: Amount Budgeted: This rezone request is the result of a substantiated complaint regarding the operation of a commercial lodge on an R1 -Single-family Residential zoned property in the City of Larsen Bay (a prohibited use in that zoning district). A commercial lodge (Alaska's Kodiak Island Resort) has been in operation on the subject lot since 2005. The applicant desires to bring the existing lodge into compliance with the requirements of Title 17 (Zoning) of the Borough code by rezoning the lot to a district that permits such use. Lodges have been determined to be similar in characteristics to that of a hotel or motel that supports recreational activities, all of which are permitted uses in B - Business zoning. B -Business zoning is also consistent with the lot's Commercial Future Land Use Designation and with various objectives of the adopted Comprehensive Plan. Accordingly, a rezone to B -Business is requested. The Planning and Zoning Commission held a public hearing on this rezone request at their August 17, 2016 regular meeting. The Commission voted unanimously to recommend that the Assembly approve this rezone. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2017-18 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, ... Page 123 of 222 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2017-18 AGENDA ITEM #13.C.1. Borough Manager Planning and Zoning Commission Community Development Department 10/06/2016 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING LOT 13, BLOCK 16, TRACT A, LARSEN BAY SUBDIVISION FROM R1 -SINGLE-FAMILY RESIDENTIAL DISTRICT TO B -BUSINESS DISTRICT (PBZ CASE NO. 16-038) WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska Statutes; and WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 1968 Comprehensive Plan; and WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts"; and WHEREAS, the Planning and Zoning Commission received a request to rezone Lot 13, Block 16, Tract A, Larsen Bay Subdivision from R1 -Single-family Residential District to B - Business District; and WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 17.205.040, the Planning and Zoning Commission considered the merits of the rezone request; and WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough Assembly that the lot be rezoned from R1 -Single-family Residential District to B -Business District finding that the public necessity, convenience, general welfare, and good zoning practice would be enhanced by such action; and WHEREAS, the Planning and Zoning Commission hereby recommends that this rezone be reviewed and approved by the Borough Assembly. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Kodiak Island Borough, Alaska Ordinance No. FY2017-18 Page 1 of 2 Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, ... Page 124 of 222 95 96 97 98 99 100 101 102 103 104 105 AGENDA ITEM #13.C.1. Section 1: This ordinance is not of a general and permanent nature and shall not become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Lot 13, Block 16, Tract A, Larsen Bay Subdivision is hereby rezoned from Rt - Single -family Residential District to B -Business District. Section 3: This ordinance shall become effective upon the issuance of zoning compliance for all existing structures and established uses on the subject parcel. Should the zoning compliance requirement not be met within 24 months of Assembly approval, this approval shall become null and void. Section 4: By this ordinance, the Borough Assembly adopts the following findings of fact in support of their approval of this rezone. 1. The applicant desires to continue the use of an existing commercial lodge that has operated without zoning compliance on this R1 -Single-family Residential zoned lot since 2005. Lodges are not a permitted use in R1 - Single Family Residential zoning. Lodges are a permitted use in B - Business zoning. Accordingly, a rezone to B -Business is needed to obtain the required zoning compliance that will allow the lodge operation to continue. 2. The lot is situated within a mixed zoning area that includes R1 -Single-family Residential, B -Business, and C -Conservation zoning. 3. The lot is adjacent to a B -Business zoned parcel that is developed with a commercial lodge. 4. The lot has accommodated the existing lodge buildings and use for 11 years and appears suitable for that use. The lot is also of sufficient area to accommodate a variety of other uses that are allowed in B -Business zoning. 5. The rezone is consistent with the Commercial Comprehensive Plan Future Land Use Designation assigned to this lot. The rezone is also consistent with, and will further implement, various goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 6. The Planning and Zoning Commission recommended that the Borough Assembly approve this rezone. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF ATTEST: Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska KODIAK ISLAND BOROUGH Jerrol Friend, Borough Mayor Ordinance No. FY2017-18 Page 2 of 2 Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, ... Page 125 of 222 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-A P a Z REGULAR MEETING: AUGUST 17,2D16 00 J KIB Location & Zoning Map IWIM&E I S - -_ - 11 1 - --- - __ and Zoning Request: A Rezone of Lot 13, Block 16, Tract A, Lairse I Case No. 16-038 Subdivision m R1 -Single-family Residential District ' District�ocation Applicant: Allen Walburn B -Business Agent: Steven Gray Legend Subject Parcel Zoned R1 i J uss e3n �� ,• I r r ' Zoning Legend Public Use Lands Rural Residential 1 Muhl Family Residential Light Industrial i/ Watershed - Rural Residential ® Business Rural Neighborhood Commercial Conservation Single Family Residential Retail Business Urban Neighborhood Commercial 0 Rural Residential Ll Two Family Residential ® Industrial Natural Use Kadlak Island Borough Gla hgpJ/www.kodiakak.uslgis (07)48e-9337 community Development Department rus p,d ,apmpapun. rev Avera Rnwla ��. Ur..tV de Rghl of Ways Case No. 16-038 Introduction Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, ... Page 126 of 222 r1mage Overlay Case No. 16-038 Applicant: Allen Walburn Agent: Steven Gray Request; A Rezone of Lot 13, Block 16, Tract A, Larsen Bay Subdivision from R7 -Single-family Residential District to B -Business District (Chapter 17.205 KIBC). A M 1304 4V AGENDA ITEM #13.C.1. �Ppo eogo PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: AUGUST 17, 2016 Y t O Y ALASKA STAFF REPORT AND RECOMMENDATION Case No. 16-038. A Rezone of Lot 13, Block 16, Tract A, Larsen Bay Subdivision from 131 - Single -family Residential District to B -Business District (Chapter 17.205 KIBC). DATE: August 3, 2016 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Staff Report and Recommendation CASE: 16-038 APPLICANT: Allen Walburn AGENT: Steven Gray LOCATION: NHN First Street, Larsen Bay LEGAL DSC: Lot 13, Block 16, Tract A, Larsen Bay Subdivision ZONING: R1 -Single Family Residential FUTURE LAND USE DESIGNATION: Residential (should Case No. 16-039 be approved) NOTICE: Six (6) public hearing notices were mailed on July 12, 2016. One (1) public hearing notice was returned as of the date this report was prepared. SITE VISIT: Virtual via GIS 1. Zoning History: • Not classified by the 1968 Comprehensive Plan. That plan does show the existing use as residential but does not specify zoning. • Zoned C -Conservation by Ordinance No. 77-15-0. • Rezoned R1 -Single-family Residential by Ordinance No. 77-19-0. 2. Lot Size: 28,004 sq. ft. 3. Existing Land Use: Lodge 4. Surrounding Land Use and Zoning: • Waterfront (Larsen Bay) to the north. • C zoning and uses to the south (vacant parcels and a fuel storage facility). • B and R1 zoning and uses to the east (a lodge and single-family residences). • R1 and C zoning and uses to the southwest (single-family residences and vacant parcels). City boat harbor to the west. 5. Comprehensive Plan: • Proposed land use designated as Residential by the 1968 Comprehensive. • Designated Commercial by the 2008 Comprehensive Plan. Case No. 16-03B staff Report and Recommendation Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A,... Page 128 of 222 PNo eoq �yZ Y v 1r� p I-,,. ALASKA AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 17, 2016 6. Applicable Comprehensive Plan Future Land Use Designation: Commercial: This designation is intended for commercial uses allowed in the Borough's Retail Business, Business, and Urban Neighborhood Commercial zones, which include a variety of retail and other business uses. 7. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: 17.10.020 Reference and use (Comprehensive Plan). In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.205.010 Authority (Amendments and changes). Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts. 17.205.020 Report from planning and zoning commission (Amendments and changes) 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. 17.205.055 Submission to assembly (Amendments and changes) A. Within 30 days after the commission has acted favorably upon a proposed zoning change in accordance with the above provisions; a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the assembly, the assembly shall act in accordance with this chapter, and notice shall be issued as provided in KIBC 17.205.070 by the clerk. B. If the commission recommends denial of any proposed amendment; its action shall be final unless the initiating party, within 10 days, files a written statement with the clerk requesting that the commission's action be taken up by the assembly. STAFF ANALYSIS The Mayor of the City of Larsen Bay recently filed a complaint alleging that several lodges are operating on R1 -Single Family Residential zoned properties in Larsen Bay (a prohibited use in that zoning district)'. Staff has confirmed those allegations and is currently working with the respective property owners in an effort to bring their properties into compliance with Title 17 KIBC (zoning). This rezone request is an effort by one of those property owners to bring their property into compliance. The applicant has operated a lodge (Alaska's Kodiak Island Resort) on the property since ' Exhibit 2 Exhibit B Case No. 16038 Staff Report and Recommenda8on Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, ... Page 129 of 222 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 17, 2016 2005. The applicant established the lodge without consulting the Community Development Department. As a result, no zoning compliance has been issued for any of the lodge buildings and a prohibited use has been established on an R1 zoned lot. Had the department been consulted, the applicant would have been advised of the procedures required to allow the establishment of the lodge on the subject parcel. The applicant desires to continue the existing lodge operation. Lodges have been determined to be similar in characteristics to that of a hotel or motel that supports recreational activities, all of which are permitted uses in B -Business zoning. B -Business zoning is also consistent with the lot's Commercial Future Land Use Designation. Accordingly, a rezone to B -Business is requested. CURRENT USE AND ZONING The lot is zoned R1 -Single-family Residential and has been developed as a commercial lodge since 2005. The following buildings have been constructed on the lot to support the lodge use: 36'x 64' main lodge building containing six guest rooms. 24'x 36' single-family residence (cabin) being used to house lodge employees. 12' x 16' accessory building (detached garage/storage building) 8' x 9' green house. RECENT DEVELOPMENT TRENDS IN THE AREA At the request of residents of Larsen Bay, an update to the community comprehensive plan was included in the 2008 KIB Comprehensive Plan. During the time it took to complete and incorporate that update, lodge uses in the community continued to develop and evolve without the benefit of any discernible development permitting, such as the requirement to obtain zoning compliance. Since the adoption of the plan, four (4) Larsen Bay commercial lodge operators have successfully rezoned their lots from R1 -Single-family Residential to B -Business. Those rezones allowed the respective preexisting lodge uses to continue. The most recent of the rezones applied to a lot that is adjacent to the subject parcel. That lot was rezoned by Ordinance No. FY2014-09 (Case No. 14-002). Zoning compliance was subsequently issued for that lodge. Other development in the immediate area has been negligible for several years. COMPATABILITY OF LAND USES The waterfront lot is situated within mixed zoning (131, B, and C) at the western end of the City of Larsen Bay near the City boat harbor. The site is more than one-half mile away from the school and other public buildings. The existing lodge has operated since 2005 and the Borough has no record of complaints from neighboring property owners about activities laking place on the site. Therefore, the lodge appears to be compatible with other established uses in the surrounding area. LAND SUITABILITY The 28,004 sq. ft. waterfront lot is served by City water and an onsite septic system (City sewer services are not provided to this area, see "additional comments" regarding the onsite septic). The lot has accommodated the existing lodge buildings and use for 11 years. Accordingly, the lot appears suitable for that use. The lot is also of sufficient area to accommodate a variety of other uses that are allowed in B -Business zoning. Case No. 16-036 Staff Report and Recommendation Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, ... Page 130 of 222 PNo 90y0 Y t 0 O 'L ALgSKA TRAFFIC IMPACTS AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: AUGUST 17, 2016 The lot is accessed by a local roadway (First Street). That roadway has adequately accommodated the traffic generated by the lodge use and all other surrounding uses since the lodge has been in operation (2005). Rezoning the lot to B -Business will allow the lodge use to continue, which should result in no change to local traffic levels. The roadway also appears capable of accommodating any increase in traffic that may occur if a more intensive permitted B -Business zoning use were ever established on the lot. COMPREHENSIVE PLAN CONSISTENCY The proposed rezone to B -Business is consistent with the Lot's Commercial Future Land Use Designation. The rezone is also consistent with the following goals, policies, and implementation actions of the adopted Comprehensive Plan: • Land Use Goal: Regulate and manage land uses to balance the rights of private property owners with community values and objectives. • Policy: Maximize compatibility of adjacent land uses and minimize conflicts through zoning, design standards, and other means. • Policy., Zone lands to meet future housing, commercial, industrial, and other land needs. o Implementation Action: Identify an adequate supply of land in each community to meet future residential and other land development needs based on future population and employment growth projections, assumptions about the type and land requirements for the projected uses, and conditions or constraints that may affect development. Consider the use of public or private Native -owned lands to helpmeet these needs. o Implementation Action: Evaluate the need and recommend specific sites for commercial and industrial uses within and outside cities and unincorporated in the Borough to meet future economic needs... • Land Use Goal: Develop a comprehensive management framework to encourage economic development while protecting coastal resources. • Policy. Encourage future industrial and commercial development to be sited and constructed to promote the most effective utilization of waterfront areas and coastal resources. Economic Goal. Diversify the overall economy of the Kodiak Region. • Policy. Encourage and facilitate small business development on Kodiak Island. • Larsen Bay Land Use Goal: Enhance flexibility of land use regulations. • Policy: Address concerns about the social impacts of some lodges located within neighborhoods. o Implementation Action: Allow small scale commercial and more bed -and -breakfasts and lodges under certain circumstances, such as in mixed-use zones. Larsen Bay Economic Goal: Retain residents. • Policy: Improve economic opportunities in Larsen Bay. Case No. 16-038 Staff Report and Recommendation Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, ... Page 131 of 222 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 17, 2016 o Implementation Action: Develop additional industries and businesses that art- attractive reattractive to Larsen Bay. ADDITIONAL COMMENTS: The Mayor of the City of Larsen Bay has provided public comment stating he does not support the approval of this rezone. The Mayor alleges the applicant has constructed unpermitted retaining walls and buildings, filled in tidal marsh areas, installed an inadequate septic system, pumped sewage into the harbor, and thrown fish waste on the beach. With the exception of unpermitted construction, the allegations are not a matter of Borough code. As such, the City should report those allegations to the appropriate regulating agency for investigation and, if necessary, enforcement action (e.g.; Army Corp of Engineers, Alaska Department of Environmental Conservation, U.S. Coast Guard, and Alaska Department of Fish and Game). With regard to unpermitted construction, should this rezone be approved, the applicant must obtain after -the -fact zoning compliance for all structures and uses on the property. To ensure this requirement is satisfied, staff has inserted the following effective clause in the attached draft rezone ordinance: • This ordinance shall become effective upon the issuance of zoning compliance for all existing structures and established uses on the subject parcel. Should the zoning compliance requirement not be met within 24 months of Assembly approval, this approval shall become null and void. 'Note: Similar language was included in the rezone ordinance for the adjacent B -Business zoned parcel (Ordinance No, FY 2014-09, Case No. 14-002). This rezone request is an effort by the applicant to abate a zoning violation. Should the rezone be approved and zoning compliance be obtained, the property will be in compliance with Title 17 KIBC (Zoning) and the violation will be closed. Should the rezone not be approved or zoning compliance not be obtained, the violation will remain open and staff will follow up with the enforcement action necessary to ensure all structures and uses on this lot are brought into compliance with Title 17 KIBC (Zoning). CONCLUSION Staff recommends the rezone is consistent with the objectives of the adopted Comprehensive Plan and satisfies the requirements of Title 17 of the Kodiak Island Borough Code for amendments and changes as set forth in the recommended findings of fact. Anticipating a favorable recommendation to the assembly, a draft rezone ordinance is attached to this report. Case No. 16-038 Staff Report and Recommendation Ordinance No. FY2017-16 Rezoning Lot 13, Block 16, Tract A, ... Page 132 of 222 AGENDA ITEM #13.C.1. No eoq PUBLIC HEARING REM 7-A y�P P & Z REGULAR MEETING: AUGUST 17, 2016 Y i 0 O: ALASKA RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve the rezone of Lot 13, Block 16, Tract A, Larsen Bay Subdivision from Rt -Single- family Residential District to B -Business District (Chapter 17.205 KIBC) and to adopt the findings of fad listed in the staff report entered into the record for this case as "Findings of Fad" for Case No. 16-038. FINDINGS OF FACT (KIBC 17.205.020.A -C) 1. The applicant desires to continue the use of an existing commercial lodge that has operated without zoning compliance on this Rt -Single-family Residential zoned lot since 2005. Lodges are not a permitted use in R1 -Single Family Residential zoning. Lodges are a permitted use in B -Business zoning. Accordingly, a rezone to B -Business is needed to obtain the required zoning compliance that will allow the lodge operation to continue. 2. The lot is situated within a mixed zoning area that includes R1 -Single-family Residential, B -Business, and C -Conservation zoning. 3. The lot is adjacent to a B -Business zoned parcel that is developed with a commercial lodge. 4. The lot has accommodated the existing lodge buildings and use for 11 years and appears suitable for that use. The lot is also of sufficient area to accommodate a variety of other uses that are allowed in B -Business zoning. 5. The rezone is consistent with the Commercial Comprehensive Plan Future Land Use Designation assigned to this lot. The rezone is also consistent with, and will further implement, various goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. Case No. 16-036 Stall Report and Recommendation Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, ... Page 133 of 222 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: AUGUST 17, 2016 Introduced by: KIB Manager Requested by: P&Z Commission Drafted by: CDD Introduced: 09/012017 Public Hearing: Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2017-XX AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING LOT 13, BLOCK 16, TRACT A, LARSEN BAY SUBDIVISION FROM R1 -SINGLE-FAMILY RESIDENTIAL DISTRICT TO B -BUSINESS DISTRICT (PB,Z CASE NO. 16-038) WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska Statutes; and WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 1968 Comprehensive Plan; and WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts"; and WHEREAS, the Planning and Zoning Commission received a request to rezone Lot 13, Block 16, Tract A, Larsen Bay Subdivision from R1 -Single-family Residential District to B - Business District; and WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 17.205.040, the Planning and Zoning Commission considered the merits of the rezone request; and WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough Assembly that the lot be rezoned from R1 -Single-family Residential District to B -Business District finding that the public necessity, convenience, general welfare, and good zoning practice would be enhanced by such action; and WHEREAS, the Planning and Zoning Commission hereby recommends that this rezone be reviewed and approved by the Borough Assembly. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Kodiak Island Borough, Alaska Case No. 16-038 Draft Rezone Ordinance Ordinance No. FY2017-XX Page 1 of 3 Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, ... Page 134 of 222 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 17, 2016 Section 1: This ordinance is not of a general and permanent nature and shall not become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Lot 13, Block 16, Tract A, Larsen Bay Subdivision is hereby rezoned from R1 -Single-family Residential District to B -Business District. Section 3: This ordinance shall become effective upon the issuance of zoning compliance for all existing structures and established uses on the subject parcel. Should the zoning compliance requirement not be met within 24 months of Assembly approval, this approval shall become null and void. Section 4: By this ordinance, the Borough Assembly adopts the following findings of fact in support of their approval of this rezone. 1. The applicant desires to continue the use of an existing commercial lodge that has operated without zoning compliance on this R1 -Single- family Residential zoned lot since 2005. Lodges are not a permitted use in R1 -Single Family Residential zoning. Lodges are a permitted use in B -Business zoning. Accordingly, a rezone to B -Business is needed to obtain the required zoning compliance that will allow the lodge operation to continue. 2. The lot is situated within a mixed zoning area that includes R1 -Single- family Residential, B -Business, and C -Conservation zoning. 3. The lot is adjacent to a B -Business zoned parcel that is developed with a commercial lodge. 4. The lot has accommodated the existing lodge buildings and use for 11 years and appears suitable for that use. The lot is also of sufficient area to accommodate a variety of other uses that are allowed in B -Business zoning. 5. The rezone is consistent with the Commercial Comprehensive Plan Future Land Use Designation assigned to this lot. The rezone is also consistent with, and will further implement, various goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 6. The Planning and Zoning Commission recommended that the Borough Assembly approve this rezone. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF Kodiak Island Borough, Alaska 2016 KODIAK ISLAND BOROUGH Jerrol Friend, Borough Mayor Case No. 16-038 Draft Rezone Ordinance Ordinance No. FY2017-XX Page 2 of 3 Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, ... Page 135 of 222 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: AUGUST 17, 2016 99 ATTEST: 100 101 102 103 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Page 3 of 3 Case No. 16-036 Daft Rezone Ordinance Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, ... Page 136 of 222 EXHIBIT A Jack Maker AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 17, 2016 From: Mayor Larsen Bay <mayor.larsen.bay@gmail.com> Sent: Tuesday, May 24, 2016 3:36 PM To: Tom Quass Subject: Larsen Bay Zoning Lodges in RI Follow Up Flag: Follow up Flag Status: Completed Categories: Red Category City of Larsen Bay P.O. Box 8 Larsen Bay, AK 99624 (907)847-2211 Fax (907) 847-2239 In the city of Larsen Bay, there are 6 advertised Lodges. Fox Tail Lodge Track A, Block 19, Lot 4 Zoned RI Kodiak Charters lots are listed under several family names, or rented Track A, Block 7, Lot 4, and 5 Zoned RI Track A, Block 8, Lot 3, 4, and 5 Zoned RI Kodiak Island Resort Track A, Block 16, Lot 13 Zoned RI Kodiak Legends Track A, Block 2, Lot IA Zoned BUS Legends have several other adjacent lots in Block 2, that are either vacant or residential houses, on Lots 2A, 3A, 2, 3 and 4 all Zoned RI. Kodiak Lodge Track A, Block 16, Lot 12 Zoned RI on GIS (but on zoning map BUS) Larsen Bay Lodge Track A, Block 1, Lot 1, 4, and 5 Zoned BUS Track A, Block 1, Lot 2 Zoned R The lodges that are zoned RI, clam to be a bed and breakfast, one is telling the city they are a "senior rate resident" while advertising for multiple night fishing charters. My understanding of a bed and breakfast is, they only provided a place to sleep, and the Breakfast meal. They do not provide a full service hunting and / or fishing service, within house, boats, and staffs to provide those services. Thank You David Harmes Mayor 907 847 2211 907 847 3028 mayor.larsen.ba VO)2ma il.com Case No. 16-038 Exhibit Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, ... Page 137 of 222 01 June 2016 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: AUGUST 17, 2016 E%HIBITA Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Via: Certified Mail — Return Receipt Requested Receipt No: 70070220000144238806 Alaska's Kodiak Island Resort Post Office Box 36 Larsen Bay, AK 99624 Courtesy and Advisory Notice Re: Larsen Bay Tract A, Block 16, Lot 13, Larsen Bay, AK 99624 Zoning: R1 — Single -Family Residential District Dear Property Owner: The Community Development Department recently received a complaint that your property (as referenced above) is being used in a manner that is contrary to the Kodiak Island Borough Zoning Code requirements (KIBC Title 17, Zoning). This department reviewed all Borough property files and other available information. Our investigation revealed the following: 1. The property is zoned R1 -Single Family Residential. This zoning was established in 1977 (Ordinance No. 77-19). 2. The property appears to be used as a commercial fishing lodge. This is how the property is listed in the Borough Assessor's files and marketed on your website (www. kodiakresort.coml. 3. A lodge is not listed as a permitted land use in the R1 zoning district. KIBC 17.75.020: 17.75.020 Permitted uses. The following land uses and activities are permitted in the single-family residential district: A. Accessory buildings; B. Churches; C. Greenhouses; D. Home occupations; E. Parks and playgrounds; F. Single-family dwellings; and G. Hoop houses. [Ord. FY2012-10 §9, 2012; Ord. 86-27-0 §6, 1986; Ord. 8317-0 §2, 1983. Formerly §17.18.020]. Page 1 of 3 Case No. 16-03B Exhibit A Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, ... Page 138 of 222 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: AUGUST 17. 2016 EXHIBIT A 4. There is no evidence that zoning compliance, as required pursuant to KIBC 17.15.060, was applied for or issued to establish the lodge use on this property: 17.15.060 Zoning compliance. Zoning compliance is required for site grading (excavation and fill), erection, construction, establishment, moving, alteration, enlargement, repair, or conversion of any building or structure in any district established by this title, subject to the following: A. An application for zoning compliance will be filed with the community development department on a form provided by the department. If the application meets the requirements of this title, as verified in the department, and other applicable regulations, a permit will be issued. An as -built of the property may be required to ensure that applicable requirements can be met, when existing structures are located on the property. Any zoning compliance permit issued is subject to the same expiration, suspension, and revocation provisions as a building permit issued for the same construction project (See Uniform Building Code Section 303(d) and (e), as currently adopted under KIBC 15.05.020). 5. Any use of this property for a lodge is prohibited. KIBC 17.15.020 and 17.15.080: 17.15.020 Conformity with regulations required. No building, part of building, or any land shall be used, occupied, erected, moved, or altered unless in conformity with the provisions of this title for the district in which the building or land is located. (Ord. 81-54-0 §f, 1981; prior code Ch. 5 subch. 2 §lA. Formerly §17.03.0201. 17.15.080 Uses prohibited unless authorized. Land uses not listed as a permitted use in a district are prohibited. (Ord. 81-54-0 §f, 1981. Formerly §17.03.0801.. It is requested that you address these matters of KIB Code by ceasing use of the property as a lodge. According to standard policy, a thirty (30) day deadline (from the date of this correspondence) is now established by administrative decision for you to abate this violation and to achieve compliance with the applicable R1 zoning district standards. Failure to comply with the orders of this notice by 01 July 2016 will result in further enforcement action required to ensure such compliance. That enforcement action includes possible legal action that may subject the property owner to the penalties and remedies prescribed by the following KIB. Title 17 Code: 17.210.030 Penalties and remedies. A. A person who violates any provision of this title, an order issued under KIBC 17.210.010(A) or any term or condition of a conditional use, variance or other entitlement issued under this title, is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $300.00, in addition to the surcharge required to be imposed under AS 12.55.039. B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may bring a civil action to enjoin any violation of this title, any order issued under KIBC 17.210. 010(A), or any term or condition of a conditional use, variance or other entitlement issued under this chapter; or to obtain damages for any injury the plaintiff suffered as a result of a violation. An action for injunction under this section may be brought notwithstanding the availability of any other remedy. Upon application for injunctive relief and the finding of an existing or threatened violation, the superior court shall enjoin the violation. C. Each act or condition violating this title, any order issued under KIBC 17.2 10. 010(A), or any term or condition of conditional use, variance, or other entitlement issued under this title, and Page 2 of 3 Case No. 16-03B Exhibit A Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, ... Page 139 of 222 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 17, 2016 EXHIBITA each day during which the act or condition exists, continues or is repeated shall be a separate and distinct violation. D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other penalty provided for in state law or any civil remedy available to the borough. In the event that you disagree with this determination, you have certain rights of appeal as prescribed by the following KIB. Title 17 Code: 17.220.020 Commencement of appeal— Stay. A. A decision of the community development department director is final unless appealed to the commission within 10 working days of receipt of notification of the decision. B. An appeal is commenced by filing with the community development department a written notice of appeal, specifically stating the mason for the appeal and the relief sought, and payment of the appropriate fee. Upon commencement of an appeal, the decision appealed from is stayed until the decision on appeal becomes final. Please also be aware that operation of a bed and breakfast is only permitted as a conditional use in the Rt zoning district. KIBC 17.75.030: 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; D. Vacation homes; and E. Recreational vehicle parks. [Ord. FY2016-07 §2, 2016; Ord. FY2007-08-0 §9, 2006; Ord. 86- 27-0§7, 1986; Ord. 83-17-0§2, 1983. Formerly§17.18.030]. Please feel free to contact me at (907) 486-9364 with any questions or concerns you may have regarding this matter. Respectfully, Tom Ouass Code Enforcement Officer cc: Mr. Robert H. Pederson, AICP, Director, Community Development Department Mayor — City of Larsen Bay Planning & Zoning Commission Page 3 of 3 Case No. 16-036 Exhibit A Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, ... Page 140 of 222 AGENDA ITEM #13.C.1. Ordinance No. FYm,3,aRezoning Lot ,$Block 1eTract &... Page 141y22 k§ i - §�� \ / u ( = \ fl k � t � \ ` 2\d \j� \ \ ; � Ordinance No. FYm,3,aRezoning Lot ,$Block 1eTract &... Page 141y22 AGENDA ITEM #13.C.1. Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, ... Page 142 of 222 AGENDA ITEM £13 C { Ordinance No. FY 2017-18 Rezoning Lot e,Block e,Tract &. Page 143 of 222 AGENDA ITEM #13. C. { Ordinance No. FY 2017-2 h=mq Lot 2,Block e,i G &. G2,& of 222 AGENDA ITEM #13.C.1. Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, ... Page 145 of 222 AGENDA 7£N #13.C.1. ±,bane No. FY 317-18Re=mg Lot 13, moa e,Tract %. Page 146 of 222 AGENDA ITEM #13.C.1. Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, ... Page 147 of 222 AGENDA 7£m #13.C.1. adm=en 2017-18 Rezoning Lot ,zB�ck e,Tract &. Page,a of 222 :(\ e % ] 4 ! 0AQ 5! ! _ ! \ | / u - - \ } - - \\ \f\ }\ k; \ .� !; / { \ : \\�� 2/\\ ,.� �\ 6 adm=en 2017-18 Rezoning Lot ,zB�ck e,Tract &. Page,a of 222 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-A P It Z REGULAR MEETING: AUGUST 17, 2016 Kodiak Island Borough Pdnt Fonn Submit by E-11 CommunityDevelopment Department IIII �II IYI Inu'lll 71010MITI Bay fld. Rm 205 Kodk,kAK9%I5 Ph. (907) 486 - 9362 Fax 1907)486-9396 20129 httvJ/wwwkcdlakakus PROP_)D 20129 Application for Rezone KIBC 17.205 The fopowIng Information Is to be supplied by the Applicant PropenyOwner/Applicant Alaska's Kodiak Island Resort(Allen Walbum)/ AgenCSteren Grey Mailing Address: Owner P.O. Box 36, Larsen Bay, AK 99624 /Agent326 Center AvenueSulte203, Kodiak AK 99615 Phora Number. Owner (907) $47.2292 /Agent (907) 486-85-05 Other Contact email,etcz Owner:awalba lOgmail.com/AgentstevegrdMd.net Legal Description: Subdv: Larsen BayTnct A Block 16 Lot 13 Sheet Address NHN First Street, Larsen Bay, AK 99624 Cunent Zoning•. RI KIBC 17.75 Proposed Zoning: Business KIBC 17.90 Applicable Comprehensive Plan: A. Kodiak Island Comprehensive Plan Update 2008 Explanation of the need &)usllfication fora change or amendment ormning: Alaska's Kodiak Island Resort has operated as a lodge on this RI -Angle -family Resklentlal zoned parcel since -2 a 05, WereceNed a Courtesy and Advisory Notice from the 818 Community Development Department datedlune 1.2016.That notice advised us that our lodge was not in campliance with IUB Inning Code, due to lodges not being listed as a permitted use in 81 mning. The notice further stated that we had thirty days to bring our property Into compliance with 118 Zoning Code and that failure to do so would r sWt In furthererdorcement action. This application fora rezone to e -Bushes Is an effort to ung our property Into campliance. Ourkvfge is situated ana waterfront parcel that is adjacdKto a$Busineszoned parcel with a permitted Midge. Bothlodgeshave operated for several years with rro negative Impact to thesurmunding neighbodmod- Our lodge also provides a posKWe knpacton the local economy. A rezone to &Business would allow c arlodgeopention to continue and would beconslstentwith adjacent Inning. Accordingly, a rezone to B-Buskles is requested <ontinued i n reverses Case No. 16-036 Application Package Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, ... Page 149 of 222 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: AUGUST 17, 2016 Explanation of the effect such a change or amendment would have on the objectives of the applicable comprehensive plain A rezone to &Business is consistent with the Comprehensive Plan Commercial Future land Use Designation assigned to this parcel. The rezone is also consistent with, and will further implement. vadous land use, economic. and Larsen Bay community goals, policies, and implementation actions listed In the pan. -Note: A site plan showing all buildings on the parcel and photos or the buildings am included with Mit application. //lir / ,4" ♦ r -vi// Date: Signature: (Allen Walbum or authorized agent signaturel CDD Staff Certification Data: �„ 7i- CDDStaR: PaymentVs erillioNon Fee Payable in Cashier's .,.de!llRoom t lD4. Main floor of Borough Building KODIAK ISLAND BOROUGH FINANCE DEPARTMENT Case No. 16-038 Application Package Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, ... Page 150 of 222 1aBC 17205.030 Manner of Inhlatlon. Changes In this title may he initiated in the following manner. A.The assembly, upon its own motion: 0 Waiveroffee B. The commission upon its own motion: Waiver of fee C By petition: Less than 1.75 acres: © $350.000 PA W 1.76 to 5.00 acres: ❑ 5750.00 5.01 to 40.00 acres: ❑ $1,000.00 JUN 17 2016 40.01 acres at more: [] 51,500.00 KODIAK ISLAND BOROUGH FINANCE DEPARTMENT Case No. 16-038 Application Package Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, ... Page 150 of 222 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: AUGUST 17, 2016 PAYMENT DATE Kodiak Island Borough BATCH NO. 06117/2016 710 Mill Bay Rd. 2016-00000524 COLLECTION STATION Kodiak, AK 99615 RECEIPT NO. CASHIER 2016-00001187 RECEIVED FROM CASHIER Alaska's Kodiak Island Cashier Resort LLC DESCRIPTION Application for rezone KIB 17.205 Property ID 20129 304 Hillside Dr Port Lions Prinlnrl hv• Coahinr Pann 1 nr 1 061171201612:1646 AM Case No. 16-038 Application Package Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, ... Page 151 of 222 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: AUGUST 17,2G16 Case No. 16-038 Application Package Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, ... Page 152 of 222 June 23, 2016 Mr. Allen Walborn Alaska's Kodiak Island Resoun PO Box 36 Larsen Bay, AK 99624 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: AUGUST 17, 2016 Kodiak Island Borough Comnuntit3 DevelopmentDepartntenl 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 wlvw.kodiakak.us Re: Case 16-038. Request a Rezone of Lot 13, Black 16, Tract A, Larsen Bay Subdivision from Rl- Single-family Residential District to B -Business District (Chapter 17.205 K®C). Dear Mr. Walborn Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their August 17, 2016 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, August 10, 2016 at 6:30 p.m. in the Borough Conference Room (#121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486-9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, Q"�h¢.LQ.Ot �.if Sheila Smith, Secretary Community Development Department CC: Steven Omy Case No. 16-038 Public Comment Package Ordinance No. FY2017-16 Rezoning Lot 13, Block 16, Tract A, ... Page 153 of 222 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: AUGUST 17, 2016 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907)486-9363 w%vwkodiakak.us 2016 OTICE Item 7-A A public hearing will be held on Wednesday, August 17, 2016. 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: 16-038 APPLICANT: Allen Walborn AGENT: Steven Gray REQUEST: A Rezone of Lot 13, Block 16, Tract A, Larsen Bay Subdivision from RI -Single- family Residential District to B -Business District (Chapter 17.205 KIBC). LOCATION: NEIN First Street, Larsen Bay ZONING: RI -Single Family Residential This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 am. Tuesday. August 2. 2016 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486-9396, or you may email your comments to ssmith(u%kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1-855492-9202. One week prior to the regular meeting, on Wednesday, , a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material far 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 Addrw: Your property description: Comments; Case No. 16-039 Public Comment Package Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, ... Page 154 of 222 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: AUGUST 17. 2016 Case 16-038 Request a Rezone of Lot 13, Block 16, Tract A, Location Larsen Bay Subdivision from 111 -Single-family NHN First Street, Larsen Bay Residential District to B -Business District Applicant (Chapter 17.205 KIBC). Allen Walburn QSubjLegend TYT ect Parcel 1V g Q No6rication Area --- Mcesz Rads hnp:llwww.kaEiakekuslgis (907)186-9337 Y �^ Case No. 16-038 Public Comment Package Ordinance No. FY2017-16 Rezoning Lot 13, Block 16, Tract A, ... Page 155 of 222 Public Hearing Notice 4 Feet 0 3)5 750 1.500 QSubjLegend TYT ect Parcel 1V g Q No6rication Area --- Mcesz Rads hnp:llwww.kaEiakekuslgis (907)186-9337 Y �^ Case No. 16-038 Public Comment Package Ordinance No. FY2017-16 Rezoning Lot 13, Block 16, Tract A, ... Page 155 of 222 AGENDA ITEM #13.C.1. a� n'o � N d ti � NI n e v a m n U' f/1 Q M Vf t0 w w O W¢ 4 J F W J a a a 3 g m m w K U n O w Z J Z w V1 Z w yf Y Q O !- Vf i a 5 3 ° a N N 2 K O g N Z Z w v m Z a JI 3 � a J c � m E 0 U 0 � a .y a' 3 0 W > o W a v i a a 2 W z W U J U x Z O m xx m u 0 a J a ry m O m O o n a H K O m j Z 5 Q m z � Y a W � ° w o Y a z Fi O o w N Q S U Q O g a o �� JO < w � w � Q m u 2 Q a N Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, ... Page 156 of 222 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: AUGUST 17, 2016 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 9%15 (907)486-9363 wlew_kndiBkak.11S A public hearing will be held on Wednesday, August 17, 2016. The meeting will begin at 6:30 pm in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commiscinn to hear comments ifm y on the following rearrest CASE: 16.039 APPLICANT: Allen Walburn AGENT: Steven Gray REQUEST: A Remne of Lot 13, Block 16, Tract A, Lassen Bay Subdivision from RI -Single- family Residential District to B-Busisuss District (Chapter 17.205 KIBC). LOCATION: NHN First Street, Larsen Bay ZONING: RI -Single Family Residential chis notice is being sent to you Irmmue our records indicate you are a property owner interested party in the area of he request Ifyou do not wish to sentry verbally, You may Provide your comments in the space below or in a letter o the Community Development Department- w mitten arommen is mn t L -e re_e'.,rI F.. 5, =. Tn csda�. Ac^u�t 2. IBM m be consWcre(I h^ C- e-,- : Ifyou would like to fix your comments to us, our Pia number is (907) 186-9396, or you may email yaur comments to ssmilh(a kod-makak us. If you would like to testify via telephone, Please can in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number Is 486-3231. The toll free telephone number is 1$55492-9202. Dire week prior to the regular meeting, on Wednesday, , a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conferenm Room (9121). to review the Packet Medal fur 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 Your Name David Harmes Mailing Address PO Box 83 Larsen Bay AK 99624 _ Your Property Description Block 4 Lot 7 Larsen Bay Comments Personnel do not approve of this zoning change to Business, for this lot. Many residence of Larsen Bay complain there are too many Lodges in here. They would rather see fewer. This lot- before this owner purchased it, was a tidal marsh the land across the harbor road, is still a swamp They built a retaining wall hauled in filland then built buildings. They have an Case No. 16-038 Public Comment Package Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, ... Page 157 of 222 AGENDA ITEM #13.C.1. Kodiak Island Borough Planning and Zoning Commission Regular Meeting Minutes Applicable to Case No. 16-038 August 17, 2016 Regular Meeting 6:30 pm -Borough Assembly Chambers CALL TO ORDER CHAIR ARNDT called to order the August 17, 2016 regular meeting of the Planning & Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE CHAIR ARNDT led the pledge of allegiance. ROLL CALL Requested excusal was Alan Schmitt and Maria Painter due to being out of town. Commissioners present were Scott Arndt, Jay Baldwin, Barry Altenhof, and Greg Spalinger. Excused were Alan Schmitt and Maria Painter. A quorum was established. COMMISSIONER SPALINGER MOVED to excuse Alan Schmitt and Maria Painter. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Community Development Department staff present was Director Sara Mason, Jack Maker, and Sheila Smith. APPROVAL OF AGENDA COMMISSIONER SPALINGER MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER SPALINGER MOVED to approve the July 13, 2016 regular meeting minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS Limited to three minutes per speaker. For agenda Items not scheduled for public hearing and general comments. Local phone number is 486-3231; Toll Free is 1-855-092-9202. None PUBLIC HEARINGS Comments are limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is 1-855-492-9202. A. CASE 16-038. Request a Rezone of Lot 13, Block 16, Tract A, Larsen Bay Subdivision from RI -Single-family Residential District to B -Business District (Chapter 17.205 KIBC). The applicant is Allen Waiburn and the agent is Steven Gray. The location is NHN First Street, Larsen Bay and the zoning is R1 -Single-family Residential. COMMISSIONER SPALINGER MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of Lot 13, Block 16, Tract A, Larsen Bay Subdivision from R1 - Single -family Residential District to B -Business District (Chapter 17.205 KIBC) and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-038. Kodiak Island Borough Planning & Zoning Commission Minutes August 17, 2016 Page 1 Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, ... Page 158 of 222 AGENDA ITEM #13.C.1. Jack Maker reported the Mayor of Larsen Bay filed a complaint alleging several lodges are operating in R1 -Single-family Residential that is a prohibited land use in that zoning district. Staff has confirmed the allegations and is currently working with the properly owner's in an effort to bring them all into compliance. This rezone request is an effort by one of those property owner's to bring their property into compliance. The applicant has operated a lodge on the lot since 2005, and has established a lodge without consulting Community Development Department. As a result, no zoning compliance has been issued for any of the lodge buildings and a prohibited use has been established. Had the department been consulted, the applicant would have been advised of the procedures required to allow establishment of the lodge on the lot. Lodges have been determined to be similar in characteristics to a hotel or motel that supports recreational activities, all are permitted use in Business zoning. A rezone to Business is requested. This lodge is in a mixed Business/ Residential use area and is adjacent to the boat harbor, which makes it compatible with the surrounding land uses. Staff recommends approval of this request. CHAIR ARNDT expressed concern regarding the map did not show the adjacent lot is already zoned Business and the lot numbers are incorrect, and it did not show the Comp Plan that calls for the question to the future zoning of Business. Open public hearing: Sieve Gray, applicant attorney, stated he agrees with the staff recommendation. Close public hearing: In response to COMMISSIONER BALDWIN'S inquiry of how many lodges are out of compliance in the village, Maker staled the complaint the mayor filed is on page 45 of 394, and there are six lodges. FINDINGS OF FACT 1. The applicant desires to continue the use of an existing commercial lodge that has operated without zoning compliance on this R1 -Single-family Residential zoned lot since 2005. Lodges are not a permitted use in R1 -Single Family Residential zoning. Lodges are a permitted use in B -Business zoning. Accordingly, a rezone to B -Business is needed to obtain the required zoning compliance that will allow the lodge operation to continue. 2. The lot is situated within a mixed zoning area that includes R1 -Single-family Residential, B - Business, and C -Conservation zoning. 3. The lot is adjacent to a B -Business zoned parcel that is developed with a commercial lodge. 4. The lot has accommodated the existing lodge buildings and use for 11 years and appears suitable for that use. The lot is also of sufficient area to accommodate a variety of other uses that are allowed in B -Business zoning. 5. The rezone is consistent with the Commercial Comprehensive Plan Future Land Use Designation assigned to this lot. The rezone is also consistent with, and will further implement, various goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY 16-039. Request a Comprehensive Plan Amendment to change the Fu Use Designs Lot 4, Block 3, Port Lions Subdivision frc Land to Residential (Chapter 1 . The applicant is the ort Lions. The location is 304 Hillside Drive, Port Lions, and u lic Use Lands. COMMISSIONER SPALIN ED to recomme the Kodiak Island Borough Assembly ap r omprehensive Plan amendment to chan uture Land Use De ' of Lot 4, Block 3, Port Lions Subdivision from Public Land to Res! e a ter Kodiak Island Borough Planning & Zoning Commission Minutes August 17, 2016 Page 2 Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, ... Page 159 of 222 August 19, 2016 Mr. Allen Walburn Alaska's Kodiak Island Resort PO Box 36 Larsen Bay, AK 99624 AGENDA ITEM #13.C.1. Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone(907)466-9363 Fax(907)486-9396 www.kodiakak.us Re: Case 16-038. Request a rezone of Lot 13, Block 16, Tract A, Larsen Bay Subdivision from R1 -Single-family Residential District to B -Business District (Chapter 17.205 KIBC). Dear Mr. Walburn: The Kodiak Island Borough Planning & Zoning Commission at their meeting on August 17, 2016 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. Chapter 17.205.055 KIBC(Submission to assembly) states: A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.205.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, ... Page 160 of 222 AGENDA ITEM #13.C.1. The commission adopted the following findings of fact in support of their recommendation to the assembly: FINDINGS OF FACT 1. The applicant desires to continue the use of an existing commercial lodge that has operated without zoning compliance on this R7 -Single-family Residential zoned lot since 2005. Lodges are not a permitted use in R1 -Single Family Residential zoning. Lodges are a permitted use in B -Business zoning. Accordingly, a rezone to B - Business is needed to obtain the required zoning compliance that will allow the lodge operation to continue. 2. The lot is situated within a mixed zoning area that includes R1 -Single-family Residential, B -Business, and C -Conservation zoning. 3. The lot is adjacent to a B -Business zoned parcel that is developed with a commercial lodge. 4. The lot has accommodated the existing lodge buildings and use for 11 years and appears suitable for that use. The lot is also of sufficient area to accommodate a variety of other uses that are allowed in B -Business zoning. 5. The rezone is consistent with the Commercial Comprehensive Plan Future Land Use Designation assigned to this lot. The rezone is also consistent with, and will further implement, various goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. 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. Sincerely, Sara Mason, Director Community Development Department CC: Mr. Steve Gray Nova Javier, Borough Clerk Planning & Zoning Commission Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, ... Page 161 of 222 AGENDA ITEM #13.C.2. KODIAK ISLAND BOROUGH AGENDA STATEMENT OCTOBER 6, 2016 ASSEMBLY REGULAR MEETING 0 TITLE: Ordinance No. FY2017-19 Amending The 2008 Comprehensive Plan By Changing The Future Land Use Designation Of Lot 4, Block 3, Port Lions Subdivision From Public Land To Residential (P&Z Case No. 16-039). ORIGINATOR: Jack Maker FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: This Future Land Use Designation change is requested by the City of Port Lions in conjunction with a request to rezone this property from PL -Public Use Lands to 132 -Two-family Residential. The City of Port Lions owns the subject parcel, which is developed with a structure that once served as the community clinic and has most recently been used as housing for the Village Public Safety Officer. The City can no longer afford to maintain the structure and would like to dispose of the property by offering it for sale to the public. A rezone to a zoning district that allows a single-family residence is required to accommodate the sale. Although such a rezone is consistent with various objectives of the adopted Comprehensive Plan and surrounding zoning, it is not consistent with the lot's current Public Land Future Land Use Designation. Accordingly, that designation must be changed to facilitate the rezone. The Planning and Zoning Commission held a public hearing on this Comprehensive Plan amendment request at their August 17, 2016 regular meeting. The Commission voted unanimously to recommend that the Assembly approve this Future Land Use Designation change. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2017-19 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Ordinance No. FY2017-19 Amending The 2008 Comprehensive Plan... Page 162 of 222 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2017-19 AGENDA ITEM #13.C.2. Borough Manager Planning and Zoning Commission Community Development Department 10/06/2016 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING THE 2008 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATION OF LOT 4, BLOCK 3, PORT LIONS SUBDIVISION FROM PUBLIC LAND TO RESIDENTIAL (P&Z CASE NO. 16-039) WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska Statutes; and WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 1968 Comprehensive Plan; and WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts"; and WHEREAS, the Planning and Zoning Commission received a request from the City of Port Lions to amend the 2008 Comprehensive play by changing the Future Land Use Designation of Lot 4, Block 3, Port Lions Subdivision from Public Land to Residential; and WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 17.205.040, the Planning and Zoning Commission considered the merits of the Comprehensive Plan amendment request; and WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough Assembly that the Comprehensive Plan Future Land Use Designation of this lot be changed finding that the public necessity, convenience, general welfare, and good zoning practice would be enhanced by such action; and WHEREAS, the Planning and Zoning Commission hereby recommends that this amendment be reviewed and approved by the Borough Assembly. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Kodiak Island Borough, Alaska Ordinance No. FY2017-19 Page 1 of 2 Ordinance No. FY2017-19 Amending The 2008 Comprehensive Plan... Page 163 of 222 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 AGENDA ITEM #13.C.2. Section 1: This ordinance is not of a general and permanent nature and shall not become a part of the Kodiak Island Borough Code of Ordinances. Section 2: The 2008 Comprehensive Plan Future Land Use Designation of Lot 4, Block 3, Port Lions Subdivision is hereby changed from Public Land to Residential. Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in support of their approval of this amendment. 1. The lot is owned by the City of Port Lions and is developed with a single-family residence that is used to house the Village Public Safety Officer. The City can no longer afford to maintain structure and intends to dispose of the property by offering it for sale to the public. Prior to offering the property for sale, the Future Land Use Designation and zoning must be changed to a designation and district that permits residential use. 2. The lot is adjacent to R2 -Two-family Residential zoned properties with a Future Land Use Designation of Residential. 3. The established uses in the area, including those previously established on this lot, have harmoniously coexisted for several years. Changing the Future Land Use Designation of the lot to Residential to accommodate a rezone to R2 -Two-family Residential would allow uses that will continue to be consistent with the historic character of the neighborhood. 4. The amendment is necessary to allow for a subsequent rezone from PL -Public Use Lands to 132 -Two-family Residential. 5. The amendment is consistent with, and will further implement, various goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 6. The Planning and Zoning Commission recommended that the Borough Assembly approve this Comprehensive Plan amendment. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2016 ATTEST: Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska KODIAK ISLAND BOROUGH Jerrol Friend, Borough Mayor Ordinance No. FY2017-19 Page 2 of 2 Ordinance No. FY2017-19 Amending The 2008 Comprehensive Plan... Page 164 of 222 AGENDA ITEM #13.C.2. PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING: AUGUST 17, 2016 IN KIB Location & Zoning Map WB S ocation and Zoning Request: A Comprehensive Plan Amendment to change the Future Case No. 16-039 Land Use Designation of Lot 4, Block 3, Port ns Subdivision Applicant: City of Port Lions from Public Land to Residential (Chapter 1' o j � ��� "Yt G _.513 9 lb wi N la (0 412 410 1 (01 414 409 / � 1 6 416 / 419 40, 420 y, _ r 411 b]417 Y 415 413 iiA 4o5 4^^ 1 ^� ', 0 w 4 3 / A 1401 y 0 C` 3oa�- — 6A 3W^e 309512 310 _._ _______ '10414 `142 4b�t-�� q16 309 30T g $. 31 rL � O ro 1 2W 204 ZOZ :; y O 1 0 20T- _ _ 212 210 209 203 z01 211 P � 2b tiP 10 Legend t 0, m Q Subject Parcel Zoned PL 102 Zoning Legend Public Use Lands Rural Residential 1 Multi Family Residential _ Light Industrial Q Watershed ® Rural Residential 2 0 Business 0 Rural Neighborhood Commemial Conservation Single Family Residential Retail Business Urban Neighborhood Commercial i� Rural Residential Two Family Residential Q Industrial Natural Use Koalak Islmd eomuah GIS Community Development Department 'nur man 6 RONdm W Wcneallonel mgaases =__= A¢ers Roads hitp:IM+aw.kodiakak.uslgis (907)495-9337 ady aMbnd W.Wed Wan, legal rapesenle4on. Ummnstruded Right o1 Ways Case No. 16-039 Introduction Ordinance No. FY2017-19 Amending The 2008 Comprehensive Plan... Page 165 of 222 AGENDA ITEM #13.C.2. PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING: AUGUST 17, 2016 Case No. 16-039 Introduction Ordinance No. FY2017-19 Amending The 2008 Comprehensive Plan... Page 166 of 222 AGENDA ITEM #13.C.2. No eoq PUBLIC HEARING ITEM 7-B y�P P & Z REGULAR MEETING: AUGUST 17, 2016 Y Q Yv O O Y ALASKA STAFF REPORT AND RECOMMENDATION Case No. 16-039. A Comprehensive Plan Amendment to change the Future Land Use Designation of Lot 4, Block 3, Port Lions Subdivision from Public Land to Residential (Chapter 17.205 KIBC). DATE: August 3, 2016 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Staff Report and Recommendation CASE: 16-039 APPLICANT: City of Port Lions LOCATION: 304 Hillside Drive, Port Lions LEGAL DSC: Lot 4, Block 3, Port Lions Subdivision ZONING: PL -Public Use Lands District FUTURE LAND USE DESIGNATION: Public Land (Public Facilities) NOTICE: Thirty-three (33) public hearing notices were mailed on June 24, 2016. One (1) public hearing notice was returned as of the date this report was prepared. SITE VISIT: Virtual via GIS 1. Zoning History: • Not classified by the 1968 Comprehensive Plan. That plan does show the existing use as residential but does not specify zoning. • Zoned C -Conservation by Ordinance No. 77-15-0. • Rezoned R1 -Single-family Residential by Ordinance No. 77-19-0. • Rezoned PL -Public Use Lands by Ordinance No. 85-14-0. 2. Lot Size: 15,883 sq. ft. 3. Existing Land Use: Single-family residence 4. Surrounding Land Use and Zoning: • R2 zoning and uses to the north and west (single-family residences and a church). • R1 zoning and uses to the south and southwest (single-family residences). • R2 and B zoning and uses to the east and southeast (single-family residences and lodges). 5. Comprehensive Plan: • Proposed land use designated as Residential by the 1968 Comprehensive. That designation continued with the 1982 and 1997 Port Lions Comprehensive Plans. Designated Public Land (Public Facilities) by the 2008 Comprehensive Plan. Case No. 16-039 Staff Report and Remnmendation Ordinance No. FY2017-19 Amending The 2008 Comprehensive Plan... Page 167 of 222 AGENDA ITEM #13.C.2. PUBLIC HEARING ITEM 7-13 P & Z REGULAR MEETING: AUGUST 17,2a16 6. Applicable Comprehensive Plan Future Land Use Designations: Public Land (Public Facilities): This designation is intended for public facilities such as water or wastewater treatment facilities, police or fire stations and other public facilities, not including parks and recreation facilities. Residential: 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 the R1, R2, R3, and SRO zones. 7. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: 17.10 020 Reference and use (Comprehensive Plan). In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.205.010 Authority (Amendments and changes). Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts. 17.205.020 Report from planning and zoning commission (Amendments and changes) 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. 17.205.055 Submission to assembly (Amendments and changes) A. Within 30 days after the commission has acted favorably upon a proposed zoning change in accordance with the above provisions; a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the assembly, the assembly shall act in accordance with this chapter, and notice shall be issued as provided in KIBC 17.205.070 by the clerk. B. If the commission recommends denial of any proposed amendment; its action shall be final unless the initiating party, within 10 days, files a written statement with the clerk requesting that the commission's action be taken up by the assembly. STAFF ANALYSIS This Future Land Use Designation change is being requested as a precursor to rezone this property from PL -Public Use Lands to R2 -Two-family Residential. Accordingly, this staff analysis also applies to the subsequent rezone request (Case No. 16-040), which is scheduled for public hearing immediately following this case. Case No. 16-039 Staff Report and Recommendation Ordinance No. FY2017-19 Amending The 2008 Comprehensive Plan... Page 168 of 222 PNo 13040 Y 1 Q Pre 0 O 'L ALASHA AGENDA ITEM #13.C.2. PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: AUGUST 17, 2016 The City of Port Lions owns the subject parcel. The parcel is developed with a structure that was used as a single-family residence until the city received title to the property in 1974. The City subsequently converted the structure to a community clinic. The parcel was zoned R1 - Single -family Residential at that time. In 1985 the city applied for zoning compliance for an 800 sq. ft. addition to the clinic. Upon review of the application, staff noted that clinics were not a permitted use In R1 zoning. To address this issue, a subsequent rezone to PL was applied for and approved by KIB Ordinance No. 85-14-0. That zoning remains to date. Consequently, upon adoption of the 2008 Comprehensive Plan, the Future Land Use Designation was changed from Residential to Public Land to match existing zoning. In 2008, a new community clinic was constructed on a different parcel (Tract D, U.S. Survey 5509). Upon completion of construction, the old clinic structure was converted back to a residence to provide housing for the Village Public Safety Officer. The City can no longer afford to maintain the structure and would like to dispose of the property by offering it for sale to the public. A rezone to a zoning district that allows a single-family residence is required to accommodate the sale. All other lots within Block 3 were rezoned to R2 by KIB Ordinance No. 2001-03. Consequently, a rezone to R2 will be consistent with surrounding zoning. To ensure the subsequent rezone request (Case No. 16-040) is consistent with the Comprehensive Plan, the Future Land Use Designation of the lot must be changed to a designation that is consistent with R2 zoning. Accordingly, a Future Land Use Designation change to Residential is requested. CURRENT USE AND ZONING The lot is zoned PL -Public Use Lands and is developed with a single-family residence being used as housing for the Village Public Safety Officer. RECENT DEVELOPMENT TRENDS IN THE AREA The lot is situated within a long established mixed medium density residential and commercial neighborhood that has experienced little new development for several years. COMPATABILITY OF LAND USES The established uses in the area, including those previously established on this lot, have harmoniously coexisted for several decades. Changing the Future Land Use Designation of the lot to Residential to accommodate a rezone to R2 would allow uses that will continue to be consistent with the historic character of the neighborhood. LAND SUITABILITY The lot has been developed with a structure that has served as a single-family residence or clinic (both permitted uses in R2 zoning) for several years. Accordingly, the lot has proven to be suitable for uses that are allowed in R2 zoning. TRAFFIC IMPACTS The lot is accessed by a local roadway (Hillside Drive) that has adequately accommodated the traffic generated by existing neighborhood uses, including those previously established on this lot, for several years. Approval of this amendment and subsequent rezone should have no impact on that roadway's ability to continue to do so. Case No. 16-039 Staff Report and Recommendation Ordinance No. FY2017-19 Amending The 2008 Comprehensive Plan... Page 169 of 222 COMPREHENSIVE PLAN CONSISTENCY AGENDA ITEM #13.C.2. PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: AUGUST 17, 2016 The proposed amendment is consistent with the following goals, policies, and implementation actions of the adopted Comprehensive Plan: • Land Use Goat Regulate and manage land uses to balance the rights of private property owners with community values and objectives. • Policy: Zone lands to meet future housing, commercial, industrial, and other land needs. o Implementation Action: Identify an adequate supply of land in each community to meet future residential and other land development needs based on future population and employment growth projections, assumptions about the type and land requirements for the projected uses, and conditions or constraints that may affect development. Consider the use of public or private Native -owned lands to helpmeet these needs. • Land Use Goal Continue to update and improve the effectiveness of Borough policies, plans, regulations, and procedures. • Implementation Action: Update and enhance the KIB Zoning Ordinance, as well as other planning procedures to meet land use and planning goals cost-effectively and efficiently. • Implementation Action., Periodically update the Comprehensive Plan with maximum public input and review. • Housing Goal: Help ensure that an adequate supply of land for housing and a sufficient stock of housing, including affordable housing, are available for Borough residents. • Policy., In partnership with local communities, Tribal councils, Native Corporations, the Kodiak Island Housing Authority and others, help ensure that there is an adequate supply of developable residential land to meet long-term housing needs throughout the Borough, including housing for seniors. Port Lions Housing Goal: Retain residents and plan for growth. • Policy., Provide for additional residential housing. o Implementation Action. Ensure the availability of future residential land somewhere in town. CONCLUSION Staff recommends the amendment is consistent with the objectives of the adopted Comprehensive Plan and satisfies the requirements of Title 17 of the Kodiak Island Borough Code for amendments and changes as set forth in the recommended findings of fact. Anticipating a favorable recommendation to the assembly, a draft Comprehensive Plan amendment ordinance is attached to this report. Case No. 16-039 Staff Report and Recanmendation Ordinance No. FY2017-19 Amending The 2008 Comprehensive Plan... Page 170 of 222 AGENDA ITEM #13.C.2. PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: AUGUST 17, 2016 Staff recommends that the Commission forward this Comprehensive Plan amendment request to the Kodiak Island Borough Assembly with a recommendation for approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve the Comprehensive Plan amendment to change the Future Land Use Designation of Lot 4, Block 3, Port Lions Subdivision from Public Land to Residential (Chapter 17.205 KIBC) and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-039. FINDINGS OF FACT (KIBC 17.205.020.A -C) 1. The lot is owned by the City of Port Lions and is developed with a single-family residence that is used to house the Village Public Safety Officer. The City can no longer afford to maintain structure and intends to dispose of the property by offering it for sale to the public. Prior to offering the property for sale, the Future Land Use Designation and zoning must be changed to a designation and district that permits residential use. 2. The lot is adjacent to R2 -Two-family Residential zoned properties with a Future Land Use Designation of Residential. 3. The established uses in the area, including those previously established on this lot, have harmoniously coexisted for several years. Changing the Future Land Use Designation of the lot to Residential to accommodate a rezone to R2 -Two-family Residential would allow uses that will continue to be consistent with the historic character of the neighborhood. 4. The amendment is necessary to allow for a subsequent rezone from PL -Public Use Lands to R2 -Two-family Residential. 5. The amendment is consistent with, and will further implement, various goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this Comprehensive Plan amendment. Case No. 16-039 Staff Report and Recommendation Ordinance No. FY2017-19 Amending The 2008 Comprehensive Plan... Page 171 of 222 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 AGENDA ITEM #13.C.2. PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING: AUGUST 17, 2016 Introduced by: KIB Manager Requested by: PBZ Commission Drafted by: CDD Introduced: Public Hearing: Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2017-XX AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING THE 2008 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATION OF LOT 4, BLOCK 3, PORT LIONS SUBDIVISION FROM PUBLIC LAND TO RESIDENTIAL (PBZ CASE NO. 16-039) WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska Statutes; and WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 1968 Comprehensive Plan; and WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts"; and WHEREAS, the Planning and Zoning Commission received a request from the City of Port Lions to amend the 2008 Comprehensive play by changing the Future Land Use Designation of Lot 4, Block 3, Port Lions Subdivision from Public Land to Residential; and WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 17.205.040, the Planning and Zoning Commission considered the merits of the Comprehensive Plan amendment request; and WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough Assembly that the Comprehensive Plan Future Land Use Designation of this lot be changed finding that the public necessity, convenience, general welfare, and good zoning practice would be enhanced by such action; and WHEREAS, the Planning and Zoning Commission hereby recommends that this amendment be reviewed and approved by the Borough Assembly. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Page 1 of 2 Case No. 16-039 Draft Comprehensive Plan Amendment Ordiancne Ordinance No. FY2017-19 Amending The 2008 Comprehensive Plan... Page 172 of 222 AGENDA ITEM #13.C.2. PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING: AUGUST 17, 2016 50 Section 1: This ordinance is not of a general and permanent nature and shall not 51 become a part of the Kodiak Island Borough Code of Ordinances. 52 53 Section 2: The 2008 Comprehensive Plan Future Land Use Designation of Lot 4, 54 Block 3, Port Lions Subdivision is hereby changed from Public Land to 55 Residential. 56 57 Section 3: By this ordinance, the Borough Assembly adopts the following findings of 58 fact in support of their approval of this amendment. 59 60 1. The lot is owned by the City of Port Lions and is developed with a 61 single-family residence that is used to house the Village Public Safety 62 Officer. The City can no longer afford to maintain structure and intends 63 to dispose of the property by offering it for sale to the public. Prior to 64 offering the property for sale, the Future Land Use Designation and 65 zoning must be changed to a designation and district that permits 66 residential use. 67 68 2. The lot is adjacent to R2 -Two-family Residential zoned properties with a 69 Future Land Use Designation of Residential. 70 71 3. The established uses in the area, including those previously established 72 on this lot, have harmoniously coexisted for several years. Changing 73 the Future Land Use Designation of the lot to Residential to 74 accommodate a rezone to R2 -Two-family Residential would allow uses 75 that will continue to be consistent with the historic character of the 76 neighborhood. 77 78 4. The amendment is necessary to allow for a subsequent rezone from 79 PL -Public Use Lands to R2 -Two-family Residential. 80 81 5. The amendment is consistent with, and will further implement, various 82 goals, policies, and implementation actions identified in the adopted 83 Comprehensive Plan. 84 85 6. The Planning and Zoning Commission recommended that the Borough 86 Assembly approve this Comprehensive Plan amendment. 87 88 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 89 THIS DAY OF 2016 90 91 KODIAK ISLAND BOROUGH 92 93 94 95 Jerrol Friend, Borough Mayor 96 ATTEST: 97 98 99 100 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Page 2 of 2 Case No. 16-039 Den Comprehensive Plan Amendment Ordiancne Ordinance No. FY2017-19 Amending The 2008 Comprehensive Plan... Page 173 of 222 AGENDA ITEM #13.C.2. PUBLIC HEARING ITEM 7-B P & 2 REGULAR MEETING: AUGUST 17, 2016 Kodiak Island Borough Print Form Submit by Email CommunityDevelopment Department III IIIIIIIII'I�II II�'ll 71010Mill Bay Rd. Pm 205 Kodiak AK 99615 Ph. (9071486-9362 Fax(907)496-9396 httpl/w r&Aodiakakus 2"75 PRCP_ID 20275 Application for Comprehensive Plan Amendment KIBC 17.205 1 Cp-0.'5cl The following Information Is to be supplied by the Applicant: Property Owner/Applicant: City of Port Lions Malling Address: P.O. Box 110, Port Lions, AK 99550 Phone Number. (907)454-2332 Other Contact email, etc_ cityofportkons@gmail.com Legal Description: Subdv: Port Lions Block 3 Lot 4 Street Address: 304 Hillside Drive, Port Lions. AK 99550 Current F.LU.D-- Public Facilites/Ownership Proposed RLU.D: Urban Residential Applicable Comprehensive Plan: A. Kodiaklsland Comprehensive Plan Update 2008 Explanation of the need &justification for a change or amendment of the applicable comprehensive pian: The City of Part Lions owns the subject parcel. The parcel is developed with a structure that was used as a single-famlly residence until 1974, when the city received tide to the property. The parcel was zoned RI at the time of the City taking ownership. The City subsequently convened the structure to the community clinic In 1985 the city applied for zoning compliance for an NO sq. fl. addition to the clinic At that time. It was noted that the parcel was was zoned RI and that clinics were not a permitted use In At zoning. A subsequent rezone to PL was applied for and approved by Kill Ordinance No. 85.14-0. The addition was constructed after approval of the rezone. Upon completion of construction of the new clinic, the old clinic structure was converted back to a residence to provide housing for the Village Public Safety Officer. The City an no longer afford to maintain the structure and would like to dispose of the property by offering It for sale to the public A rezone to azoning district that allows a single-family residence is required to accommodate the sale of the parcel. Allotherlots within Block 3 were rezoned to R2 by KIB Ordinance No. 2001-03. Accordingly, a rezone to R2 will be consistent with surrounding zoning. To ensure a request rezone the lot to R2 Is consistentwith the Comprehensive Plan, the Future land Use Designation of the lot be must be changed to a designation that Is consistent with R2 zoning. Accordingly, the City Is requesting that the Future land Use Designation be changed from Public Facilities/Ownership to Urban Residential. ,Continued on reverse; Case No. 16-039 Application Package Ordinance No. FY2017-19 Amending The 2008 Comprehensive Plan... Page 174 of 222 AGENDA ITEM #13.C.2. PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: AUGUST 17, 2016 Explanation of the effect such a change or amendment would have an the objectives of the applicable comprehensive plan: AComprehensive Plan Future Land Use Designation change from Public Facilities/Ownership to Urban Residential is consistent with, and will further implement. various land use, housing, and Pon Uons community goals, Policies and implementation actions listed In the adopted Comprehensive plan. The change to Urban Residential will also ensure the subsequent request to rezone the site from PL to R21s consistent with the assigned Comprehensive Plan Future Land Use Designation. Date: 6_I Y—J4 Signature COD Staff Certification Date..l20- _ CDD Stag: Payment Verification Fee Payable In Cashler"Ace Bourn #104- Main floor of Borough Building 10BC 17.205.030 Manner of Initiation. Changes M this title may be initiated in the following manner. A. The assembly upon W awn motion: ❑ Waiver of fee B. The commission upon Its own motion: [-IWaiver of fee Al G By petition: Less than 1.75 acres: ❑ $350.00 JUN20 2016 V L U 1.76 to 5.00 acres. ❑ $750.00 5.01 to 40.00 aces: ❑ $1,000.00 KODIAK ISLAND BOROUGH _ 40.01 acres or more ❑ $1500.00 FINANCE DEPARTMENT -Note: Only one feewNlapplytoacompehensiveplan uturelan use esgnatk change application that is submitted with a related rezone application. Case No. 16-039 Application Package Ordinance No. FY2017-19 Amending The 2008 Comprehensive Plan... Page 175 of 222 AGENDA ITEM #13.C.2. PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: AUGUST 17, 2016 PAYMENT DATE Kodiak Island Borough BATCH NO. 06120/2016 710 Mill Bay Rd. 2016-00000525 COLLECTION STATION Kodiak, AK 99615 RECEIPT NO. CASHIER 2016-00001191 RECEIVED FROM CASHIER CITY OF PORT LIONS Cashier DESCRIPTION APPLICATION FOR REZONE KIBC 17.205 &APPLICATION FOR COMP. PLAN AMENDMENT 304 HILLSIDE DRIVE KODIAK AK 99615 Prinlad hu- Canhiar PROA 1 of 1 06120/2019 09e11 A3 AM Case No. 16039 Application Package Ordinance No. FY2017-19 Amending The 2008 Comprehensive Plan... Page 176 of 222 June 23, 2016 City of Port Lions PO Box 110 Port Lions, AK 99550 AGENDA ITEM #13.C.2. PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: AUGUST 17, 2016 Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone(907)486-9363 Fax(907)496-9396 www.kodiakak.us Re: Coe 16-039. Request a Comprehensive Plan Amendment to change the Future Land Use Designation of Lot 4, Block 3, Port Lions Subdivision from Public Land to Residential (Chapter 17.205 KBC). Dear Sir or Madam: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their August 17, 2016 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, an Wednesday, August 10, 2016 at 6:30 p.m. in the Borough Conference Room (#121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled far the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose or receiving public testimony. Applicants who wish to present testimony matter evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486-9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, Sheila Smith, Secretary Community Development Department Cam No. 16-039 Public Comment Package Ordinance No. FY2017-19 Amending The 2008 Comprehensive Plan... Page 177 of 222 AGENDA ITEM #13.C.2. PUBLIC HEARING ITEM 7-e P 8 Z REGULAR MEETING: AUGUST 17, 2016 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907)486-9363 w%vw.kodiakak.us in i F Public Hearing Item 7-B PUBLIC A public hearing will be held on Wednesday, August 17, 2016. 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: 16-039 APPLICANT: City of Port Lions REQUEST: A Comprehensive Plan Amendment to change the Future Land Use Designation of Lot 4, Block 3, Port Lions Subdivision from Public Land to Residential (Chapter 17.205 KIBC). LOCATION: 304 Hillside Drive, Port Lions ZONING: PL -Public Use Lands 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 nm. Tuesday. August 2. 2016 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486-9396, or you may email your comments to ssmilhrd-kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1-855492-9202. One week prior to the regular meeting, on Wednesday, August 10, 2016, 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 Add. - Your property description: Comintern Case No. 16-039 Public Comment Package Ordinance No. FY2017-19 Amending The 2008 Comprehensive Plan... Page 178 of 222 AGENDA ITEM #13.C.2. PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING: AUGUST 17, 2016 Case 16-039 Request a Comprehensive Plan Amendment to change Location the Future Land Use Designation of Lot 4, Block 3, 304 Hillside Drive, Port Lions Port Lions Subdivision from Public Land to Residential Applicant (Chapter 17.205 KIBC). City of Port Lions 0 � � 414 � 416 y 41e 420 Lp19 16 � p11 1 '0 ti I1,011 SG�Oo� ib, 16 , V ti p 310 Na ]4 'h 314 p 8 20 212 210 2 p 1 1 s az Ito 09 406 001 1 411 102 bj A 406 40, N 1 ti 3069 306A J06 p 3301 0 g 1 � y jpg 206 20I 20j <' p �i A O N „ 203 201 / 213 211 209 0� '✓ � N� / ,y g ^0 102 10 8 Kodiak Island aomutg 615 hap//www.kodiakak.us/gis (902( 486-9332 Legend I OSubject Parcel Lo E 0 Notiucauon Area _—= Access Roads i Raconsaucled Right of Ways Case No. 16-039 Public Comment Package Ordinance No. FY2017-19 Amending The 2008 Comprehensive Plan... Page 179 of 222 Public Hearing Notice Y feel o zzs Vas 909 Kodiak Island aomutg 615 hap//www.kodiakak.us/gis (902( 486-9332 Legend I OSubject Parcel Lo E 0 Notiucauon Area _—= Access Roads i Raconsaucled Right of Ways Case No. 16-039 Public Comment Package Ordinance No. FY2017-19 Amending The 2008 Comprehensive Plan... Page 179 of 222 AGENDA ITEM #13.C.2. Ordinance No. FY2017-19 Amending The 2008 Comprehensive Plan... 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Page 180 of 222 AGENDA ITEM #13.C.2. PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: AUGUST 17, 2016 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907)486-9363 wwwAodiakak.us A public hearing will be held on Wednesday, August 17, 2016. 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 env on the following request CASE: 16-039 APPLICANT: City of Pon Lions REQUEST: A Comprehensive Plan Amendment to change the Future Land Use Designation of Lot 4, Block 3, Pon Lions Subdivision from Public Land to Residential (Chapter 17.205 KIBC). LOCATION: 304 Hillside Drive, Pon Lions ZONING: PL -Public Use Lands - This notice is being sem to you because our records indicate you are a properly ownen5ntemued 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 leiter in the Community Development Department. Written comments must he received by 5 nm. Tuesday. Aueust 2. 2016 to he considered by the commission. If you would like to fab your comments to us, our fax number is: (907) 486-9396, or you may email your comments to ssmithfalkodiakak.us. If you would like to testify via telephone, please all in your comments during the appropriate public hearing section of the meel(ng. The local cxIWn telephone number is 486.3231. The toll free telephone number Is 1-855492-9202. One week prior to the regular meeting, on Wednesday, August 10, 2016, a work session will be held at 6:30 p.m. in die Kodiak Island Borough Conference Room (#121), to review the pocket material for the case. Kodiak Island Borough Code pmvida you with specific appeal rights if you dimgra with the Commissions decision on this request. If you have any questions about the request or your appeal rights, please feel free to all us at 486-936�33.1 atalle'AdaI xaar\amr{ L`1iltit�/r lAt q,n.: J b 1'oarpreperry J«dPlba: /"+� T�i'A�1�/'iS "Ac"OQ-0- V �J,SOL cummm+oG=1-`%O ui e'0 Del de— POR-4-0'a''s AL' 99550 TE Tr Ll JUL 6 2016 cc; ;�u,mrrurrtcPnxarBrxt:,r-� Case No. 16-039 Public Comment Package Ordinance No. FY2017-19 Amending The 2008 Comprehensive Plan... Page 181 of 222 AGENDA ITEM #13.C.2. Kodiak Island Borough Planning and Zoning Commission Regular Meeting Minutes Applicable to Case No. 16-039 ck Maker reported the Mayor of Larsen Bay filed a complaint alleging several lodges op ting in R1 -Single-family Residential that is a prohibited land use in that zoning dis ct. Sta as confirmed the allegations and is currently working with the property owner's in a ffort to brin them all into compliance. This rezone request is an effort by one of those operty owner's bring their properly into compliance. The applicant has operated a lodge n the lot since 200 and has established a lodge without consulting Community Pi5velopment Department. a result, no zoning compliance has been issued for aof the 1 ge buildings and a prohibite use has been established. Had the department beenyn consult , the applicant would have been dvised of the procedures required to allow establishment the lodge on the lot. Lodges have en determined to be similar in characteristics to otel or motel that supports recreational tivities, all are permitted us/eni ss zonin rezone to Business is requested. This lodge' in a mixed Business/ Ree area a is adjacent to the boat harbor, which makes it co atible with the surrouses. aff recommends approval of this request. CHAIR ARNDT expressed con rn regarding the t ow the adjacent lot is already zoned Business and the lot num are incorrect, of show the Comp Plan that calls for the question to the future zoning f Business. Open public hearing: Steve Gray, applicant attorney, stated he rees wirecommendation. Close public hearing: In response to COMMISSIONER BALDWIN'S' iry of how many lodges are out of compliance in the village, Maker stated the complaint the ay filed is on page 45 of 394, and there are six lodges. FINDINGS OF FACT 1. The applicant desires to continue a use of an exislin commercial lodge that has operated without zoning compliance o this R1 -Single-family sidentiai zoned lot since 2005. Lodges are not a permitted se in R1 -Single Family sidential zoning. Lodges are a permitted use in B -Rusin zoning. Accordingly, a rezon to B -Business is needed to obtain the required zonin compliance that will allow the lodge ration to continue. 2. The lot is situated with' a mixed zoning area that includes R1- ' gle-family Residential, B - Business, and C -Co ervation zoning. 3. The lot is adjacent a B -Business zoned parcel that is developed wi a commercial lodge. 4. The lot has a modated the existing lodge buildings and use for 1 ears and appears suitable forth se. The lot is also of sufficient area to accommodate a v 'ety of other uses that are ailo d in B -Business zoning. 5. The rezo is consistent with the Commercial Comprehensive Plan Fut a Land Use Design' n assigned to this lot. The rezone is also consistent with, an ill further imple nt, various goals, policies, and implementation actions identified in th adopted Co rehensive Plan. 6. T Planning and Zoning Commission recommends that the Borough Assembly ap ove is rezone. LL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B. CASE 16-039. Request a Comprehensive Plan Amendment to change the Future Land Use Designation of Lot 4, Block 3, Port Lions Subdivision from Public Land to Residential (Chapter 17.205 KIBC). The applicant is the City of Port Lions. The location is 304 Hillside Drive, Port Lions, and the zoning is PL -Public Use Lands. COMMISSIONER SPALINGER MOVED to recommend that the Kodiak Island Borough Assembly approve the Comprehensive Plan amendment to change the Future Land Use Designation of Lot 4, Block 3, Port Lions Subdivision from Public Land to Residential (Chapter Kodiak Island Borough Planning & Zoning Commission Minutes August 17, 2016 Page 2 Ordinance No. FY2017-19 Amending The 2008 Comprehensive Plan... Page 182 of 222 AGENDA ITEM #13.C.2. 17.205 KIBC) and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-039. Maker reported this request is a precursor to rezoning the parcel from Public Use Lands to R2. This staff report applies also to the rezone request. The city is requesting the Comp Plan Amendment and Rezone so it will be consistent with private ownership and it can be used as a single-family residence. Staff recommends approval of this request. Open public hearing: None Close public hearing: Commission discussion FINDINGS OF FACT 1. The lot is owned by the City of Port Lions and is developed with a single-family residence that is used to house the Village Public Safety Officer. The City can no longer afford to maintain structure and intends to dispose of the property by offering it for sale to the public. Prior to offering the property for sale, the Future Land Use Designation and zoning must be changed to a designation and district that permits residential use. 2. The lot is adjacent to 132 -Two-family Residential zoned properties with a Future Land Use Designation of Residential. 3. The established uses in the area, including those previously established on this lot, have harmoniously coexisted for several years. Changing the Future Land Use Designation of the lot to Residential to accommodate a rezone to R2 -Two-family Residential would allow uses that will continue to be consistent with the historic character of the neighborhood. 4. The amendment is necessary to allow for a subsequent rezone from PL -Public Use Lands to R2 -Two-family Residential. 5. The amendment is consistent with, and will further implement, various goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this Comprehensive Plan amendment. ROLL CALL VOTE ON M077ON CARRIED UNANIMOUSLY CASE 16-040. Request a Rezone of Lot 4, Block 3, Port Lions Subdivision fro - Pub Use Lands District to R2 -Two -Family Residential District (Chapter 17.20 IBC). The app nt is the City of Port Lions. The location is 304 Hillside Drive, Po ions, and the zoning i -Public Use Lands COMMISSIONER LINGER MOVED to recommend that the lak Island Borough Assembly approve the one of Lot 4, Block 3, Port Lions Sub ' ion from PL -Public Use Lands District to R2 -Two -Fa Residential District (KIBC 17.2 and to adopt the findings of fact listed in the staff report ante into the record for this a as "Findings of Fact" for Case No. 16-040. Maker reported this is the rezone for approval of this request. Open public hearing: None Close public hearing: FINDINGS OF FACT the previous case. Staff recommends The lot is own y the City of Port Lions and is developed with a sin -family residence that is us o house the Village Public Safety Officer. The City can no er afford to main5w structure and intends to dispose of the properly by offering it for sale to public. Priarto offering the property for sale, the zoning must be changed to a district that its Kodiak Island Borough August 17, 2016 & Zoning Commission Minutes Page 3 Ordinance No. FY2017-19 Amending The 2008 Comprehensive Plan... Page 183 of 222 August 19, 2016 City of Port Lions PO Box 110 Port Lions, AK 99550 AGENDA ITEM #13.C.2. Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 www.kodiakak.us Re: Case 16-039. Request a Comprehensive Plan Amendment to change the Future Land Use Designation of Lot 4, Block 3, Port Lions Subdivision from Public Land to Residential (Chapter 17.205 KIBC). Dear Sir or Madam: The Kodiak Island Borough Planning & Zoning Commission at their meeting on August 17, 2016, 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. Chapter 17.205.055 KIBC (Submission to assembly) states: A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.205.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. The commission adopted the following findings of fact in support of their recommendation to the assembly: Ordinance No. FY2017-19 Amending The 2008 Comprehensive Plan... Page 184 of 222 AGENDA ITEM #93.C.2. FINDINGS OF FACT 1. The lot is owned by the City of Port Lions and is developed with a single-family residence that is used to house the Village Public Safety Officer. The City can no longer afford to maintain structure and intends to dispose of the property by offering it for sale to the public. Prior to offering the property for sale, the Future Land Use Designation and zoning must be changed to a designation and district that permits residential use. 2. The lot is adjacent to R2 -Two-family Residential zoned properties with a Future Land Use Designation of Residential. 3. The established uses in the area, including those previously established on this lot, have harmoniously coexisted for several years. Changing the Future Land Use Designation of the lot to Residential to accommodate a rezone to R2 -Two-family Residential would allow uses that will continue to be consistent with the historic character of the neighborhood. 4. The amendment is necessary to allow for a subsequent rezone from PL -Public Use Lands to R2 -Two-family Residential. 5. The amendment is consistent with, and will further implement, various goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this Comprehensive Plan amendment. Should this Comprehensive Plan Amendment 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. Sincerely, -i Sara Mason, Director Community Development Department CC: Nova Javier, Borough Clerk Planning & Zoning Commission Ordinance No. FY2017-19 Amending The 2008 Comprehensive Plan... Page 185 of 222 AGENDA ITEM #13.C.3. KODIAK ISLAND BOROUGH AGENDA STATEMENT OCTOBER 6, 2016 ASSEMBLY REGULAR MEETING TITLE: Ordinance No. FY2017-20 Rezoning Lot 4, Block 3, Port Lions Subdivision From PL -Public Use Lands District To R2 -Two -Family Residential District (P&Z Case No. 16-040). ORIGINATOR: Jack Maker FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: This City of Port Lions request to rezone the subject parcel from PL -Public Use Lands District to R2 -Two-family Residential District follows a Comprehensive Plan amendment request for the same parcel (KIB Ordinance No. FY2017-20 / P&Z Case No. 16-039). The rezone is consistent with various objectives of the adopted Comprehensive Plan and surrounding zoning. Should the Comprehensive Plan amendment be approved, this subsequent rezone would also be consistent with the lot's newly assigned Residential Future Land Use Designation. The Planning and Zoning Commission held a public hearing on this rezone request at their August 17, 2016 regular meeting. The Commission voted unanimously to recommend that the Assembly approve this rezone. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2017-20 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Ordinance No. FY2017-20 Rezoning Lot 4, Block 3, Port Lions ... Page 186 of 222 7 8 9 10 I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2017-20 AGENDA ITEM #13.C.3. Borough Manager Planning and Zoning Commission Community Development Department 101062016 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING LOT 4, BLOCK 3, PORT LIONS SUBDIVISION FROM PL -PUBLIC USE LANDS DISTRICT TO R2 -TWO-FAMILY RESIDENTIAL DISTRICT (P8Z CASE NO. 16-040) WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska Statutes; and WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 1968 Comprehensive Plan; and WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts"; and WHEREAS, the Planning and Zoning Commission received a request from the City of Port Lions to rezone Lot 4, Block 3, Port Lions Subdivision from PL -Public Use Lands District to R2 -Two-family Residential District; and WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 17.205.040, the Planning and Zoning Commission considered the merits of the rezone request; and WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough Assembly that the lot be rezoned from PL -Public Use Lands District to R2 -Two-family Residential District finding that the public necessity, convenience, general welfare, and good zoning practice would be enhanced by such action; and WHEREAS, the Planning and Zoning Commission hereby recommends that this rezone be reviewed and approved by the Borough Assembly. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Kodiak Island Borough, Alaska Ordinance No. FY2017-20 Page 1 of 2 Ordinance No. FY2017-20 Rezoning Lot 4, Block 3, Port Lions ... Page 187 of 222 87 88 89 90 91 92 93 94 95 96 97 98 99 Section 1: Section 2: Section 3: AGENDA ITEM #13.C.3. This ordinance is not of a general and permanent nature and shall not become a part of the Kodiak Island Borough Code of Ordinances. Lot 4, Block 3, Port Lions Subdivision is hereby rezoned from PL -Public Use Lands District to R2 -Two-family Residential District. By this ordinance, the Borough Assembly adopts the following findings of fact in support of their approval of this rezone. 1. The lot is owned by the City of Port Lions and is developed with a single-family residence that is used to house the Village Public Safety Officer. The City can no longer afford to maintain structure and intends to dispose of the property by offering it for sale to the public. Prior to offering the property for sale, the zoning must be changed to a district that permits residential use. 2. The lot is adjacent to R2 -Two-family Residential zoned properties. 3. The established uses in the area, including those previously established on this lot, have harmoniously coexisted for several years. Rezoning the lot to R2 -Two-family Residential would allow uses that will continue to be consistent with the historic character of the neighborhood. 4. The rezone is consistent with the Comprehensive Plan Residential Future Land Use Designation per Case No. 16-039. 5. The rezone is consistent with, and will further implement, various goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 6. The Planning and Zoning Commission recommended that the Borough Assembly approve this rezone. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2016 ATTEST: Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska KODIAK ISLAND BOROUGH Jerol Friend, Borough Mayor Ordinance No. FY2017-20 Page 2 of 2 Ordinance No. FY2017-20 Rezoning Lot 4, Block 3, Port Lions ... Page 188 of 222 AGENDA ITEM #13.C.3. PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: AUGUST 17, 2016 N KIB Location & Zoning Map w t S oca ion Zoning Request: A Rezone of Lot 4, Block 3, Port Lions Subdivision from ':Case No. I.0 PL -Public Use Lands District to R2 -Two -Family Residential Distric Applicant: City of Port Lions (Chapter 17.205 ZM714 5 �y� QO O /519 -sit i 414 412 410 j 408 f OpO� c 410 41G 411 - _ 4N 1 4t0 y 417 415 413 iiA 97 405 Y ...... O 419 ^0 0 3 1 67 inti 1 ^ ry ry b h 6 3068 308A 308b ti b 310 308 4111 h 312 04? n3 314 16 3 30 b ry n3 311 ry � i 8 0 0 1 6 208 204 y lb 0 zoi 212 � 210 �. 115 __ 203 201 — b. F,205 j b _ � 1 '3;: 211 09 0 Legend O 9 1a 102 m O Subject Parcel Zoned PL Zoning Legend L� Public Use Lands 0 Rural Residential 1 Multi Family Residential _ Light industrial Q Watershed Rural Residential 2 i® Business 0 Rural Neighborhood Commercial (� Conservation 0 Single Family Residential i Retail Business Urban Neighborhood Commercial Rural Residential 0 Two Family Residential ® Industrial 0 Natural Use Ke, lak Island Borough Gls Community Development Department :res=: A ss Raada blip'.1M kodisksk,,Wgis (807)4969337 The meek Pe Wed breiamealm; nlaes mTmaknd breMed ... y bpal,epesenlalbre. QUmmnaimdatl Right of Waya Case No. 16-040 Introduction Ordinance No. FY2017-20 Rezoning Lot 4, Block 3, Port Lions ... Page 189 of 222 AGENDA ITEM #13.C.3. PUBLIC HEARING ITEM 7-C P 87 REGULAR MEETING: AUGUST 17, 2016 WOU j •�� • •• -bib iii 11 mage Overlay - Request: A Rezone of LoC4;-B ock-3; Port ions Subdivision from Case No. 16-040 PL -Public Use Lands District to R2 -Two -Family Residential District ! Applicant: City of Port Lions (Chapter 17.205 KIBC). 412 410 4oa 406 -.-4p4 411,_ 407 �. 405 403 y� B+` 0 . 401 � �o `.3066 $06A 6 � v ,3 z Q4 30- ` . .. - O O v .. V r. 206 204 0 ,. 1 202 20 Case No. 16-040 Introduction Ordinance No. FY2017-20 Rezoning Lot 4, Block 3, Port Lions ... Page 190 of 222 AGENDA ITEM #13.C.3. PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 17, 2016 STAFF REPORT AND RECOMMENDATION Case No. 16-040. A Rezone of Lot 4, Block 3, Port Lions Subdivision from PL -Public Use Lands District to R2 -Two -Family Residential District (Chapter 17.205 KIBC). DATE: August 3, 2016 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Staff Report and Recommendation CASE: 16-039 APPLICANT: City of Port Lions LOCATION: 304 Hillside Drive, Port Lions LEGAL DSC: Lot 4, Block 3, Port Lions Subdivision ZONING: PL -Public Use Lands District FUTURE LAND USE DESIGNATION: Residential (should Case No. 16-039 be approved) NOTICE: Thirty-three (33) public hearing notices were mailed on June 24, 2016. No public hearing notices were returned as of the date this report was prepared. SITE VISIT: Virtual via GIS 1. Zoning History: • Not classified by the 1968 Comprehensive Plan. That plan does show the existing use as residential but does not specify zoning. • Zoned C -Conservation by Ordinance No. 77-15-0. • Rezoned R1 -Single-family Residential by Ordinance No. 77-19-0. • Rezoned PL -Public Use Lands by Ordinance No. 85-14-0. 2. Lot Size: 15,883 sq. ft. 3. Existing Land Use: Single-family residence 4. Surrounding Land Use and Zoning: • R2 zoning and uses to the north and west (single-family residences and a church). • R1 zoning and uses to the south and southwest (single-family residences). • R2 and B zoning and uses to the east and southeast (single-family residences and lodges). 5. Comprehensive Plan: • Proposed land use designated as Residential by the 1968 Comprehensive. That designation continued with the 1982 and 1997 Port Lions Comprehensive Plans. • Designated Public Land (Public Facilities) by the 2008 Comprehensive Plan. Case No. 16-040 Staff Report and Recommendation Ordinance No. FY2017-20 Rezoning Lot 4, Block 3, Port Lions ... Page 191 of 222 Ppo eo9 O '• 1. ALASKA AGENDA ITEM #13.C.3. PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 17, 2016 6. Applicable Comprehensive Plan Future Land Use Designation: Residential: 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 the R1, R2, R3, and SRO zones. 7. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: 17.10.020 Reference and use (Comprehensive Plan). In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.205.010 Authority (Amendments and changes). Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts. 17.205.020 Report from planning and zoning commission (Amendments and changes) 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. 17.205.055 Submission to assembly (Amendments and changes) A. Within 30 days after the commission has acted favorably upon a proposed zoning change in accordance with the above provisions; a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the assembly, the assembly shall act in accordance with this chapter, and notice shall be issued as provided in KIBC 17.205.070 by the clerk. B. If the commission recommends denial of any proposed amendment; its action shall be final unless the initiating party, within 10 days, files a written statement with the clerk requesting that the commission's action be taken up by the assembly. STAFF ANALYSIS This request to rezone the lot from PL -Public Use Lands to R2 -Two-family Residential follows the Comprehensive Plan amendment request for the same parcel (Case No. 16-039). The analysis provided in the Comprehensive Plan Amendment staff report also applies to this request. CONCLUSION Staff recommends the rezone is consistent with the objectives of the adopted Comprehensive Plan and satisfies the requirements of Title 17 of the Kodiak Island Borough Code for Case No. 16-090 Staff Report and Recommendation Ordinance No. FY2017-20 Rezoning Lot 4, Block 3, Port Lions ... Page 192 of 222 PNo BSC Y Q T/av 0 U " ALASKA K4 AGENDA ITEM #13.C.3. PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: AUGUST 17, 2016 amendments and changes as set forth in the recommended findings of fad. Anticipating a favorable recommendation to the assembly, a draft rezone ordinance is attached to this report. RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve the rezone of Lot 4, Block 3, Port Lions Subdivision from PL -Public Use Lands District to R2 -Two -Family Residential District (KIBC 17.205) and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-040. FINDINGS OF FACT (KIBC 17.205.020.A -C) 1. The lot is owned by the City of Port Lions and is developed with a single-family residence that is used to house the Village Public Safety Officer. The City can no longer afford to maintain structure and intends to dispose of the property by offering it for sale to the public. Prior to offering the property for sale, the zoning must be changed to a district that permits residential use. 2. The lot is adjacent to R2 -Two-family Residential zoned properties. 3. The established uses in the area, including those previously established on this lot, have harmoniously coexisted for several years. Rezoning the lot to R2 -Two-family Residential would allow uses that will continue to be consistent with the historic character of the neighborhood. 4. The rezone is consistent with the Comprehensive Plan Residential Future Land Use Designation per Case No. 16-039. 5. The rezone is consistent with, and will further implement, various goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. Case No. 16040 Staff Report and Recommendation Ordinance No. FY2017-20 Rezoning Lot 4, Block 3, Port Lions ... Page 193 of 222 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 AGENDA ITEM #13.C.3. PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: AUGUST 17, 2016 Introduced by: KIB Manager Requested by: PBZ Commission Drafted by: CDD Introduced: 09/01/2017 Public Hearing: Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2017-XX AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING LOT 4, BLOCK 3, PORT LIONS SUBDIVISION FROM PL -PUBLIC USE LANDS DISTRICT TO R2 -TWO-FAMILY RESIDENTIAL DISTRICT (P&Z CASE NO. 16-040) WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska Statutes; and WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 1968 Comprehensive Plan; and WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts"; and WHEREAS, the Planning and Zoning Commission received a request from the City of Port Lions to rezone Lot 4, Block 3, Port Lions Subdivision from PL -Public Use Lands District to 132 -Two-family Residential District; and WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 17.205.040, the Planning and Zoning Commission considered the merits of the rezone request; and WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough Assembly that the lot be rezoned from PL -Public Use Lands District to R2 -Two-family Residential District finding that the public necessity, convenience, general welfare, and good zoning practice would be enhanced by such action; and WHEREAS, the Planning and Zoning Commission hereby recommends that this rezone be reviewed and approved by the Borough Assembly. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Kodiak Island Borough, Alaska Case No. 16-040 Draft Rezone ordinance Ordinance No. FY2017-XX Page 1 of 2 Ordinance No. FY2017-20 Rezoning Lot 4, Block 3, Port Lions ... Page 194 of 222 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 AGENDA ITEM #13.C.3. PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: AUGUST 17, 2016 Section 1: This ordinance is not of a general and permanent nature and shall not become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Lot 4, Block 3, Port Lions Subdivision is hereby rezoned from PL -Public Use Lands District to R2 -Two-family Residential District. Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in support of their approval of this rezone. 1. The lot is owned by the City of Port Lions and is developed with a single-family residence that is used to house the Village Public Safety Officer. The City can no longer afford to maintain structure and intends to dispose of the property by offering it for sale to the public. Prior to offering the property for sale, the zoning must be changed to a district that permits residential use. 2. The lot is adjacent to R2 -Two-family Residential zoned properties. 3. The established uses in the area, including those previously established on this lot, have harmoniously coexisted for several years. Rezoning the lot to R2 -Two-family Residential would allow uses that will continue to be consistent with the historic character of the neighborhood. 4. The rezone is consistent with the Comprehensive Plan Residential Future Land Use Designation per Case No. 16-039. 5. The rezone is consistent with, and will further implement, various goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 6. The Planning and Zoning Commission recommended that the Borough Assembly approve this rezone. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2016 KODIAK ISLAND BOROUGH Jerrol Friend, Borough Mayor 91 ATTEST: 92 93 94 95 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Case No. 16-040 Draft Rezone Ordinance Ordinance No. FY2017-XX Page 2 of 2 Ordinance No. FY2017-20 Rezoning Lot 4, Block 3, Port Lions ... Page 195 of 222 AGENDA ITEM #13.C.3. PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 17, 2016 Kodiak Island Borough Pdnt Fonn Submit by Ercall Community Development Department 11111111111111111 710 MITI Bay Rd. Rm 205 Kodlak AK9961i Ph. (907) 486.9362 Fax(907) 486.9396 20275 hto_z/www kodialrakus PROP_ID 10275 Application for Rezone KIBC 17.205 The following Information is to be supplied by the Applicant: Property Owner/Applicant: City of Port Lions Mailing Address: P.O. Box 110, Part Lions. AK 99550 _ Phone Number. (907)454.2332 Other Contact ema8,etr_ dtyofponlions@gmall.com Legal Description: Subdw.. Port Lions Block 3 Lot: 4 Street Address: 304 Hillside Ddve, Port lions, AK 99550 Current Zoning: Public the KIBC 17.130 Proposed Zoning: R2 KIBC 17.80 Applicable Comprehensive Plam A. Kodiak Island Comprehensive Plan Update 2008 Explanation of the need &justification fora change or amendment of zoning: The City of Port Lions owns the subject parcel. The parcel is developed with a structure that was used as a sing"mily residence until 1974, when the city recelved tide to the property. The parcel was zoned It at the time of the City taking ownership. The City subsequently converted the structure to the community clinic In 1985 the city applied for zoning compliance for an B00 sq. It. addition to the dinic At that time, It was noted that the parcel was was zoned RI and that dlnks were not a permitted use In RI zoning. A subsequent rezone to PL was applied for and approved by KIB Ordinance No. 85-14-0. The addition was constructed after approval of the rezone. Upon completion of construction of the new dinic, the old dinic structure was convened back to a residence to provide housing for the lAKage Publk Safety Officer. The City can no longer afford to maintain the structure and would like to dispose of the property by offering It for sale to the public A rezone to a zoning district that allows a slrgledamPy residence Is required to acmmmodatethesale ofthe parcel. Aholherbh within Block3 were rezoned to R2 by KIBOrdinance No. 2001-03. Accordingly, a rezone to R2 is requested so the new zoning will be consistent with surmundinq zoning. J JUN 1 9 2015 ;Continued on reverse; Case No. 16-040 Application Package Ordinance No. FY2017-20 Rezoning Lot 4, Block 3, Port Lions ... Page 196 of 222 AGENDA ITEM #13.C.3. PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: AUGUST 17, 2016 Explanation of the effect such a change oramendment would have on the obJeawes orthe applicable comprehensive plan: Should the requested Comprehensive Man Future Land Use Designation Change to Urban Residential be approved, a rezone to R2 would be consistent with that new designation. A reran to R2 is also consistent with, and will hirther Implement, various lard use, housing, and Pat Lim community goals, policies and Implementation actions listed In the adopted Comprehensive plan. Date 6- I q —/� Signature: Cop Staff CertiHmtfon Date: 6 -ID -11, CDD Stag: Payment Verification Fee Payable In Cashiers(1.dree Boom #104- Main LloorofBorough Building IOBC 17205.030 Manner of Initiation. Changes in this title may be Initiated In the following manner. A. The assembly upon its own motion: ❑ Waiver of fee B. The commission upon Its own motion: ❑ Walder of fee G By Petition: Less than 1.75 acres.. 5350.0 1.76 to 5.00 acres: El $750.00 PA eJ p�aa[� 5.011040.00aaes: ❑ $1,000.00 JUN 20 2616 00 40.01 aaesormore: ❑ 51500.00 KODIAK ISLAND BOROUGH FINANCE DEPARTMENT Case No. 16-040 Application Package Ordinance No. FY2017-20 Rezoning Lot 4, Block 3, Port Lions ... Page 197 of 222 AGENDA ITEM #13.C.3. PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: AUGUST 17, 2016 PAYMENT DATE Kodiak Island Borough BATCH NO. 0612012016 710 Mill Bay Rd. 2016-00000525 COLLECTION STATION Kodiak, AK 99615 RECEIPT NO. CASHIER 2016-00001191 RECEIVED FROM CASHIER CITY OF PORT LIONS Cashier DESCRIPTION APPLICATION FOR REZONE KIBC 17.205 8 APPLICATION FOR COMP. PLAN AMENDMENT 304 HILLSIDE DRIVE KODIAK AK 99615 Printad by Caahlnr Pann 1 nr 1 05120I201G 09.11•x:1 ANI Case No. 16-040 Application Package Ordinance No. FY2017-20 Rezoning Lot 4, Block 3, Port Lions ... Page 198 of 222 June 23, 2016 City of Port Lions PO Box 110 Port Lions, AK 99550 AGENDA ITEM #13.C.3. PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: AUGUST 17, 2016 Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 www.kodiakak.us Re: Case 16-040. Request a Rezone of Lot 4, Block 3, Part Lions Subdivision from PL -Public Use Lands District to R2 -Two -Family Residential District (Chapter 17.205 K03C). Dear Sir or Madam: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their August 17, 2016 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance w this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday. August 10, 2016 at 6:30 p.m. in the Borough Conference Room (#121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486-9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, ,nc � � 6Z Sheila Smith, Secretary Community Development Department Case No. 16040 Public Comment Package Ordinance No. FY2017-20 Rezoning Lot 4, Block 3, Port Lions ... Page 199 of 222 AGENDA ITEM #13.C.3. PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 17, 2016 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Buy Road, Kodiak, Alaska 99615 (907) 486-9363 www.kodiakak.us June 24 2016 Public Hearin It 7-C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 17, 2016. 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: 16-040 APPLICANT: City of Port Lions REQUEST: A Rezone of Lot 4, Block 3, Port Lions Subdivision from PL -Public Use Lands District to R2 -Two -Family Residential District (Chapter 17.205 KIBC). LOCATION: 304 Hillside Drive, Port Lions ZONING: PL -Public Use Lands This notice is being sent to you because our records indicate you are a property ownerhnlerested 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 am. Tuesday. August 2. 2016 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486-9396, or you may email your comments to 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. The toll free telephone number is 1-855492-9202. One week prior to the regular meeting, on Wednesday, August 10, 2016, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: Mailing Address: Your property description• Comments• Case No. 16-040 Public Comment Package Ordinance No. FY2017-20 Rezoning Lot 4, Block 3, Port Lions ... Page 200 of 222 AGENDA ITEM #13.C.3. PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: AUGUST 17, 2016 Case 16-040 Request a Rezone of Lot 4, Block 3, Port Lions Location Subdivision from PL -Public Use Lands District to 304 Hillside Drive, Port Lions R2 -Two -Family Residential District Applicant (Chapter 17.205 KIBC). 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Page 202 of 222 AGENDA ITEM #13.C.3. Kodiak Island Borough Planning and Zoning Commission Regular Meeting Minutes Applicable to Case No. 16-040 205 KIBC) and to adopt the findings of fact listed in the staff report entered into the record this se as "Findings of Fact" for Case No. 16-039. Maker r rted this request is a precursor to rezoning the parcel from Public Use La to R2. This staff rt applies also to the rezone request. The city is requestiXtheamp Plan Amendment a Rezone so it will be consistent with private ownership and used as a single-family resiaVce. Staff recommends approval of this request. Open public hearing: \ None Close public hearing: Commission discussion FINDINGS OF FACT 1. The lot is owned by the City of Po ion that is used to house the Village Pub maintain structure and intends to dispose Prior to offering the property for sale, the changed to a designation and district t 2. The lot is adjacent to R2-Two-fam' Res Designation of Residential Z and is veloped with a single-family residence afe fficer. The City can no longer afford to e property by offering it for sale to the public. A Land Use Designation and zoning must be nmil sidential use. ential z ed properties with a Future Land Use 3. The establishethe ea, including those previ ly established on this lot, have harmoniously several years. Changing the re Land Use Designation of the lot to Resiccommodate a rezone to R2 -Two -fa ' Residential would allow uses that will ce consistent with the historic character o e neighborhood. 4. The amendmeary to allow for a subsequent rezone from Public Use Lands to R2-Two-famill. 5. The amen ent is consistent with, and will further implement, various goa policies, and implem ation actions identified in the adopted Comprehensive Plan. 6. The anning and Zoning Commission recommends that the Borough Assemb pprove Corrorehensive Plan amendment. CALL VOTE ON MOTION CARRIED UNANIMOUSLY C. CASE 16-040. Request a Rezone of Lot 4, Block 3, Port Lions Subdivision from PL - Public Use Lands District to 112 -Two -Family Residential District (Chapter 17.205 KIBC). The applicant is the City of Port Lions. The location is 304 Hillside Drive, Port Lions, and the zoning is PL -Public Use Lands COMMISSIONER SPALINGER MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of Lot 4, Block 3, Port Lions Subdivision from PL -Public Use Lands District to R2 -Two -Family Residential District (KIBC 17.205) and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-040. Maker reported this is the rezone for the parcel from the previous case. Staff recommends approval of this request. Open public hearing: None Close public hearing: FINDINGS OF FACT 1. The lot is owned by the City of Port Lions and is developed with a single-family residence that is used to house the Village Public Safety Officer. The City can no longer afford to maintain structure and intends to dispose of the property by offering it for sale to the public. Prior to offering the property for sale, the zoning must be changed to a district that permits residential use Kodiak Island Borough Planning & Zoning Commission Minutes August 17, 2016 Page 3 Ordinance No. FY2017-20 Rezoning Lot 4, Block 3, Port Lions ... Page 203 of 222 AGENDA ITEM #13.C.3. 2. The lot is adjacent to R2 -Two-family Residential zoned properties. 3. The established uses in the area, including those previously established on this lot, have harmoniously coexisted for several years. Rezoning the lot to R2 -Two-family Residential would allow uses that will continue to be consistent with the historic character of the neighborhood. 4. The rezone is consistent with the Comprehensive Plan Residential Future Land Use Designation per Case No. 16-039. 5. The rezone is consistent with, and will further implement, various goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY CASE 16-D41. Request a Conditional Use Permit to expand an existing petroleu st age facility by constructing an additional 12,000 bbls diesel storage tank on Porti s of L 1, Block 20, Kodiak Townsite, U.S. Survey 2537B and U.S. Survey 1086 IBC 17.10. O.F and Chapter 17.200 KIBC. The applicant is Petro Star Inc. dba h acific Fuel Ko ' k and the agent is Lisa Lewis. The loca/ea s 715 Shelikof Stree ,and the zoning is 1 dustrial. COMMISSION BALDWIN MOVED to grant a Conditie Permit for a p roleum storage facility on portion of Lot 1, Block 20, Kodiak TownsiteSurvey 2537 and U.S. Survey 1086(KIBC 17.200. 0 and 17.105.020.F), subject to onondition of proval and to adopt the findings of fad list in the staff report entered into cord fort ' case as "Findings of Fact" for Case No. 16-0Sara Mason reported this r uest is to expand an exiscili on Shelikof Street with the addition of a 500,000 gallon t k. The site has been ur el storage for decades. Staff believes the applicant has work to safeguard againstlike spills and other unforeseen events through design and piannin fforts. The applicafulfilled the requirements for both the conditional use permits and the In strial zoning distaff recommends approval. Open public hearing Terry Davis, North Pacific Fuel, stated the fir sta is the 12,000 gallon tank is an addition that will be on the lower tank farm this year. Next s is they will pull down a tank from the upper tank farm. Due to its age, it has some/eent issues so we are pulling the tank out of service, demo the tank, and then install an er tan ' its place. Close public hearing: CONDITION OF APPROVAL 1. Final plat approval must be o fined before zoning comp rice for storage tank construction will be issued. FINDINGS OF FACT 1. This use has existed the site for several decades without neg 'vely impacting the value, spirit, character, a integrity of the surrounding area, which is p dominately waterfront industry. 2. The condition se satisfies all requirements of the I -Industrial zoning di ict (KIBC 17.105) and Conditi al Use Permit requirements (KIBC 17.200). 3. Through nning and design, the applicant has worked to preserve public alth, safety, conven' ce, and comfort as they pertain to this facility. 4. Safe ards are provided through the use of security fencing and topographical fee es. 5. Th' conditional use permit is not for a public use or structure and will not be acce ed by public. CALL VOTE ON MOTION CARRIED UNANIMOUSLY Kodiak Island Borough August 17, 2016 8 Zoning Commission Minutes Page 4 Ordinance No. FY2017-20 Rezoning Lot 4, Block 3, Port Lions ... Page 204 of 222 August 19, 2016 City of Port Lions PO Box 110 Kodiak, AK 99615 AGENDA ITEM #13.C.3. Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Re: Case 16-040. Request a rezone of Lot 4, Block 3, Port Lions Subdivision from PL -Public Use Lands District to R2 -Two -Family Residential District (Chapter 17.205 KIBC). Dear Sir or Madam: The Kodiak Island Borough Planning & Zoning Commission at their meeting on August 17, 2016 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. Chapter 17.205.055 KIBC (Submission to assembly) slates: A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.205.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initialing party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. The commission adopted the following findings of fact in support of their recommendation to the assembly: FINDINGS OF FACT 1. The lot is owned by the City of Port Lions and is developed with a single-family residence that is used to house the Village Public Safety Officer. The City can no longer afford to maintain structure and intends to dispose of the property by offering it for sale to the public. Prior to offering the property for sale, the zoning must be changed to a district that permits residential use. 2. The lot is adjacent to R2 -Two-family Residential zoned properties. Ordinance No. FY2017-20 Rezoning Lot 4, Block 3, Port Lions ... Page 205 of 222 AGENDA ITEM #93.C.3. 3. The established uses in the area, including those previously established on this lot, have harmoniously coexisted for several years. Rezoning the lot to R2 -Two-family Residential would allow uses that will continue to be consistent with the historic character of the neighborhood. 4. The rezone is consistent with the Comprehensive Plan Residential Future Land Use Designation per Case No. 16-039. 5. The rezone is consistent with, and will further Implement, various goals, policies, and Implementation actions identified in the adopted Comprehensive Plan. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. 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. Sincer Sara Mason, Director Community Development Department CC: Nova Javier, Borough Clerk Planning & Zoning Commission Ordinance No. FY2017-20 Rezoning Lot 4, Block 3, Port Lions ... Page 206 of 222 AGENDA ITEM #1 S.A. 1. FIRE PROTECTION AREA NO.1 , — REGULAR MEETING. --.EX ! � V F•�(. _ August 16, 2016 6:05 p.m. j ii BAYSIDE FIRE HALL SEP 2 2 2016 i I 1. CALL TO ORDER/PLEDGE OF ALLIEGENCE CHAIR ARNDT called the regular meeting to order at 6:05 PM "'t`"(7jL,1 K,/%.P rt:,u;,r.,n.:.tXn 2. ROLL CALL Board Members present were Chair Scott Arndt, Paul Van Dyke, Jeff Halcomb, Richard Carstens and Rebecca Nelson. Also present were Chief Howard Rue and Secretary Jenny Clay. 3. ACCEPTANCE/APPROVAL OF AGENDA CARSTENS MOVED to approve the agenda. CARSTENS MOVED TO AMEND THE AGENDA ADDING: e. Disposal of Squad 10 by Chief Rue to the agenda. VOICE VOTE ON AMENDED MOTION CARRIED UNANIMOUSLY. VAN DYKE MOVED TO AMEND THE AGENDA ADDING: f. Purchase of new apparatus/equipment to the agenda. VOICE VOTE ON AMENDED MOTION CARRIED UNANIMOUSLY. NELSON MOVED TO AMEND THE AGENDA ADDING: g. Install seven (7) windows that are in the hose tower upstairs and wrap up any loose ends for the apartment remodel. VOICE VOTE ON AMENDED MOTION CARRIED UNANIMOUSLY. VOICE VOTE ON MAIN MOTION OF AGENDA AS AMENDED CARRIED UNANIMOUSLY. 4. APPROVAL OF MINUTES HALCOMB moved to approve the regular meeting of July 19, 2016 VOICE VOTE ON AMENDED MOTION CARRIED UNANIMOUSLY. 5. ACKNOWLEDGE RECEIPT OF THE FINANCIAL REPORT HALCOMB moved to approve and acknowledge the Financial Report. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 6. VISITOR COMMENTS Fire Protection Area No. 1 Board Regular Meeting August 16, 2016 PaIof7 Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 207 of 222 AGENDA ITEM #18.A.1. Judy Carstens was concerned about finishing the apartment. Coming from a voter's as well as a woman's point of view, the Chief's wife was to visit in ten days from Chicago. We worked really hard to get Chief Rue to come and do this job. His wife has been very gracious to allow him to do this. We voted on this project in June 2015 and started working on it in October 2015. The Chief arrived and it wasn't finished, so he had to stay with different people as a gracious guest but it is time to finish the apartment. She wanted to know what the status was for the windows and light bulb hanging from ceiling. She would like the apartment presentable for his wife when she arrived. Behind every firefighter there is a wife who really supports their firefighter and Chief. She hoped everyone understood why she was concerned. Cheryl McNeil supported what Judy said. She did some research to find out how long the process had been going on. The contract was approved in June 2015, windows ordered in July 2015 and received in October 2015. The apartment was vacant almost a year before the Chief even arrived. The minutes indicate the apartment was stripped and she wondered why the windows were not installed at that time. It was her assumption that the terms of the Kodiak Island Borough lease have with Chief Rue are delegated to the fire district. The lease required in section 7 that the landlord was responsible for plumbing and electrical, She doesn't think it safe in anyone's home to have a light bulb suspended from a wire that was attached to the insulation at top. Also, apparently some bulbs don't fit in the recessed lighting. The dishwasher was not installed. She was unclear as to when the windows were supposed to be installed. The money to install them was not approved until May 2016. She found it objectionable and embarrassing that given twelve to eighteen months, we couldn't get this project done. Chief Rue's wife Ann was coming for her first visit to Kodiak and she found it insulting and requested the small jobs be completed such as light fixtures installed, bulbs replaced by the drill volunteers. There was a seven day time frame and she did not find it unreasonable to have the windows installed. Roger Ouellette noted that a comment was made about the volunteers doing the work on the weekend and doesn't feel he should do it. If the Borough and the board agreed to have this done then they should do it. If the Chief asked him for help, he would help him but there are plenty of contractors in this town to get this completed. He believed it was unfair to have a specific contractor that you are waiting for. He cannot see why in seven days this project could not be completed. You have the money, just make some phone calls and get it done. 7. CHIEF REPORT Chief Rue reported the missing satellite phone was disconnected as well as a cell phone. This was about a $75 saving on the monthly telephone bill. He was working on the policy and protocol for volunteer physicals including cost. The hospitals billed individual volunteers instead of the Borough. This will be resolved though the new policy/protocol he was setting up. He thanked the volunteers for standing up during the Chiers recent absence. He wanted to praise the volunteers who helped save a house in a recent fire. He reported on calls for the month of July. 8. CHAIR PERSONS REPORT Fire Protection Area No. I Board Regular Meeting August 16, 2016 Page 2 of 7 Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 208 of 222 AGENDA ITEM #18.A.1. Chair Arndt reported on the financial status of Fire Protection Area 1. He stated there would be no problem with acquiring two pieces of equipment in the current fiscal year. If it was decided to borrow money from the Borough it would be approximately 3.5 % to 4.5 % interest. Chief Rue was concerned about purchasing two pieces of new equipment. He feared it would strip fire department of funds. The department was in need of bunker gear and hose. Board discussion ensued. 9. NEW BUSINESS a) T-shirts and Sweatshirts for Station Wear NTE $3,600 Chief Rue explained that the t -shirts are for the volunteers to wear when at the station. The Volunteer Association would sell the extra shirts and reimburse the Borough. Board discussion ensued. VAN DYKE MOVED to purchase t -shirts and sweatshirts for station wear NTE $3,600. ROLL CALL VOTE ON MOTION CARRIED 5 — 0 b) Training for Andrew DeVries NTE $1,500 Chief Rue informed the board that volunteer Andrew DeVries was attending the National Fire Academy which was a four year program. Chief Rue would like to pay for his meal ticket of $300. DeVries also would be attending a Fire Rescue class in San Antonio and the Chief wanted to split the cost to take the officers course for $1,200. In return Chief Rue would request he present a training program on Saturdays for first aid training and a car seat program. Board discussion ensued. HALCOMB MOVED to approve the $300 meal ticket conditional on the proposal at the next meeting. ROLL CALL VOTE ON MOTION CARRIED 4 TO 1. c) Purchase of Engine Pump Testing Kit Chief Rue explained that Dave Conrad of Women's Bay Fire Department was to purchase the pump testing kit and Bayside Fire Department would split the price. It was expected to be approximately $1,200. VAN DYKE MOVED to split the cost of the pump test kit with Women's Bay NTE $750. ROLL CALL VOTE ON MOTION CARRIED 5 TO 0. d) Car Seat Program Training The cost of the program would be about $2,500. He would like to secure money from the other fire departments since the whole island would benefit from this. At this time we have two Bayside volunteers trained and certified in this program. Board discussion ensued. Fire Protection Area No. t Board Regular Meeting August 16, 20f176 Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 2 P6 of 222 AGENDA ITEM #18.A. I. VAN DYKE MOVED to authorize the Chief to expend $500 toward the car seat training program. HALCOMB MOVED to AMEND the motion to expend NTE $1,500 and secure the other $1,000 from the other fire departments. ROLL CALL VOTE ON AMENDED MOTION CARRIED 5 TO 0. ROLL CALL VOTE ON ORIGINAL MOTION AS AMENDED CARRIED 5 TO 0. e) Disposal of Squad 10 Chief Rue informed the board that Brimlee could not guarantee a price on squad 10 without trading it in for another purchase. He checked other companies and no one would guarantee a price for Squad 10. Brimlee would charge 5% commission for selling the vehicle. The assembly did authorize the disposal of Squad 10 at the August 5, 2016 meeting. HALCOMB MOVED to approve the advertisement of Squad 10 with Brimlee and other brokers with the same criteria of 5% commission. VANDYKE MOVED TO AMEND THE MOTION to allow full disposal not less than $125,000. ROLL CALL VOTE ON AMENDED MOTION CARRIED 5 TO 0. ROLL CALL VOTE ON ORIGINAL MOTION AS AMENDED CARRIED 5 TO 0. f) Purchase of new apparatus/equipment Van Dyke asked the board give Chief Rue direction on the purchase of new equipment. Arndt reiterated that there was room in the budget for two new pieces of equipment, an Engine and a Tanker/Tender with a pump. He did not support used equipment. Board members Carstens and Nelson felt a conservative approach was a used tanker and a new pumper. They were in need of turnouts that were in shambles and Scott bottles/paks. Board discussion continued. Halcomb suggested forming a separate steering committee. Van Dyke encouraged the board to take action and give the Chief direction. The board decided to form a steering committee lead by Chief Rue and report back. g) Install Seven (7) windows that are in the hose tower upstairs and wrap up any loose ends for apartment remodel Nelson stated that the apartment was not finished. The hose tower was being used to store the windows that have not been installed. This makes training difficult as they cannot use the hose tower. Arndt acknowledged the windows were here, siding needs to be painted and light fixtures need to be installed. Arndt stated he would obtain new quotes for the windows to be installed. Van Dyke encouraged the board to have the Borough finish the apartment. Fire Protection Area No. I Board Regular Meeting August 16, 2016 A ge 4 or Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 21 t� of 222 AGENDA ITEM #18.A.1. 10. VISITOR COMMENTS Mike Dolph — He heard that five sets of turnout were going to be purchased. That will only cover new volunteers that don't have any. He wanted to know about the volunteers whose turnouts are in rags. The Chief needed direction on transportation costs when negotiating the sale of Squad 10. Cheryl McNeil — She believed excuses made regarding the windows were malarkey. She wanted to know if the replacement of the windows was included in the original contract which was awarded in June 2015. The windows were ordered shortly thereafter. She asked if the contractor decided how to spend the NTE $20,000. At the May 10'h meeting the board approved $6,000 for the installation of the windows. Between May and August why wasn't a contractor found to install the windows. Looking at the budget it appeared $450,000 was held of fund balance. If this new engine was $300,000, you just used 2/3's of your fund balance or cushion. She found it irresponsible. She appreciated those who refer to the Chief as Chief. He certainly has earned that respect. Roger Ouellette — Every month at these meetings someone brings up needed new gear. Now this month again it has been the same. These guys have families. He doesn't want to be the guy who had to tell a family they were dead, just because the budget and everyone else ran around in circles and didn't give the chief permission to purchase the gear. A house was going to burn down before he would send in a man without proper gear. The Chief needed direction. He doesn't believe Andrew Devries should get paid for training. Judy Carstens — Scott Arndt said one thing correct, you are all volunteers. The Chief was paid to ensur@ that this fire department was well managed. We found when volunteers are not taken care of they leave. She pointed out the board are volunteers and advisory for the Borough which voters elected. As a voter who resided in this district and married to a longtime volunteer, have talked to Borough assembly about the safety issues. The board was appreciated including differences of opinion and need to work together. When the issue of the apartment completion arose, three of the Assembly members believed it was finished. It was your responsibility to keep the Borough Assembly informed. Where was the money put aside for the contractors to install the windows? Has that money been spent? Thanks to everyone for volunteering. The Borough assembly expected to hear from the board regarding the equipment sale. Gabriel Moses — He liked the idea of a steering committee where people on the committee have the knowledge about equipment. They could meet weekly to build a plan and at the next board meeting be ready for a motion. Bruce McNeil — After being appointed Assistant Chief, he knew he would have more responsibility. He had thought about the firefighter's protective gear and feared a firefighter would attempt to assist us with holes in his gear. He would be glad to serve on the steering committee. He was not afraid of used equipment. At the end there will be four pieces of Fire Protection Arca No. I Board Regular Meeting August 16, 2016 Page 5 or Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 211 of 222 AGENDA ITEM #18.A.1. equipment that needs to rotate out. He and his wife do not buy two new cars at one time. We rotate them out. Ten years from now you don't want to have to buy two new trucks. We need to have them staggered somehow. 11. BOARD MEMBERS COMMENTS R. Nelson — She believed in the many different programs the Fire Department was involved in. Fire prevention, injury prevention, car seat installs, bicycle safety programs were just a few and they were all positive exposure for the public. The hazmat training, car accidents and fires all take money and training with dedicated volunteers. The Chief has done a lot to get us organized and we need the Board to support him. R. Carstens — The Chief has his full support. He supports all the firefighters and wanted them to be safe. The public needed to keep us accountable to make sure the volunteers were safe. We will work at getting the gear upgraded for all of you soon as possible. P. Van Dyke —He felt at the last meeting a grenade was dropped when the Chiefs salary was brought up. The board voted on and asked the Borough Manager to go to the assembly on the level the Chief was hired at. The salary number discussed may not be accurate with salary and benefits. Anyone can go to the Borough and ask what any employee was paid with their salary and benefits. It is public record. He believed the Chief was worth what he got paid. It would be a waste if we do not utilize his expertise. We do not receive full value if we micromanage. We need to use his experience and expertise. We could go back over his six month reports from the beginning to see all he has accomplished. He has dealt with the ISO report, OSHA Inspection and other personnel issues which he faced at the beginning of his employment. The Chief thanked the volunteers when filing the ISO report saying they did the "heavy lifting". The volunteers are the muscle behind the ISO rating. The Chief was building up the station with his leadership. He has recruited volunteers who then brought in even more volunteers. The word train wreck was used. He thought the station was a train wreck before Doug Mathers stepped in and before our Chief retired. It has turned around and he appreciated everyone who stepped up to do that. We have given the Chief some direction tonight. He expected to see purchases made so we do not continue to talk about them. J. Halcomb — He wanted to encourage the bunker gear purchase sooner than later. It was extremely important. The board has not denied requests for gear. He believed that once the Chief has established a list of his priorities that the board will approve them. We need to know what the needs are and the cost including shipping. It will then move very quickly. We support the Chief and his decisions. He has been doing a superb job. He has motivated the volunteers. It was great to see so many people at this meeting. The volunteers do a lot for the community without a lot of reward. He appreciates that they make Kodiak a better place. 12. NEXT MEETING SCHEDULE Next Regular Meeting will be Tuesday, September 20, 2016 at 6:00 PM. Fire Protection Area No. I Board Regular Meeting August 16, 2016 p ge 6 7 Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 21 ? of 2 2 AGENDA ITEM #18.A.1. 13. ADJOURNMENT HALCOMB moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 8:15 PM. SU ITTED BY: ' 7E Date: nny Clay, Board Secret y KIB Engineering/Facilities Department A.. e -.TIED . Chair Scott Arndt Fire Protection Area No. I Board Regular Meeting August 16, ?016 Fire Protection Area No. 1 Board Regular Meeting Minutes Of... Page 2 Pn of 222 WOMENS BAY SERVICE AREA BOARD REGULAR MEETING MINUTES Date: Aug. 2, 2016 Call to order: 7:00 pm AGENDA ITEM #1 B.A. 1. July 12, 2016 Commissioners Present: Dave Conrad, Greg Egle, Dave Heuman. John Isadore, and George Lee Commissioner excused: Jessica Horn, Bill Ecret Kevin Arndt, Contractor. No other people were present. Minutes approved and signed: Regular Meeting of July 12, 2016 Contractors Comments: • 3 work orders in progress o Asphalt repair -small overlay on Salmonberry pends o Brushing and Ditching continues o Crack sealing to begin 8.3.16 Chairman's Comments: • No current budget update Unfinished Business: Fire Department • Tumout Replacement; pricing in progress • Scott Pack Replacement: obsolete packs to be replaced gradually • Emergency Generator out for bid Road Service • Asphalt Repairs o Mid Bay Dr; Alligatering at Ness driveway intersection to be marked and repaired this year • Gara Dr/Eskew lot drainage a G Lee re: WBSAB obligation/response, to KIB EF for review. New Business Fire Department RECEIVE • Em Shelter Volunteer training scheduled for 8.3 j r� Road Service J SEP 15 2016 Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 214 of 222 AGENDA ITEM #18.A.1. WOMLNS BAY SERVICE AREA BOARD REGULAR MEETING MINUTES July 12, 2016 • Brushing Costs needed to assign Continuing work efficiently • Fed F&W Looking at Lake Orbin feeder/Mid Bay Dr cross culvert for an upgrade to fish friendly type. SAB funds may be necessary for partial costs Board Member comments • None Next Regular Meeting Sept 13, 2016 7:00 PM at the WBFD Meeting adjourned at 7:45 pm CHAIRPERSON WITNESS rJ Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 215 of 222 TO: Mayor and Assembly AGENDA ITEM #18.6.1. Kodiak Island Borough Engineering & Facilities Department Projects Office 710 Mill Bay Road • Kodiak, Alaska 99615 Phone(907)486-9210 Fax(907)486-9347 FROM: Matt Gandel, Project Manager/Inspector CC: Michael Powers, Borough Manager; Bob Tucker, E/F Director RE: Projects Status Report for Period Ending August 31, 2016 FLOORING REPLACEMENT—MAIN ELEMENTARY AND PETERSON ELEMENTARY This project was included on the list of bond projects approved by voters in the 2014 election, and is for replacement of flooring throughout Peterson Elementary School and at the Main Elementary gymnasium. Wolverine Supply of Wasilla is the contractor, and started work at the beginning of June 2016. Despite continual schedule delays throughout the summer, the work at Peterson was substantially complete prior to the contract date of August 15, 2016. Due to scheduling difficulties with the flooring subcontractor the work at Main was not complete until August 31, 2016. Peterson Elementary Installation of Moisture Barrier Carpet Installation Underway Main Elementary Completed Classroom Installation of Shock Pad and Adhesive First Coat of New Flooring EAST ELEMENTARY ROOF REPLACEMENT Completed Floor with Gamelines This project was included on the list of bond projects approved by voters in the 2014 election, and is for replacement of the roof over the cafeteria wing at East Elementary. Rain Proof Roofing of Anchorage is August 2016 Change Order Report, Other Projects Report, Proj... Page 216 of 222 AGENDA ITEM #18.8.1. the contractor, and began work at the beginning of July 2016. The work was substantially complete on August 11, 2016. There were several leaks discovered after the first big rain but these have been repaired and there have been no further problems. This project was completed approximately $400,000 under budget. East Elementary Roof— Before and After PETERSON ELEMENTARY BOILERS AND CONTROLS This project was included on the list of bond projects approved by voters in the 2014 election, and is for replacement of the boilers and mechanical controls system at Peterson Elementary School. Wolverine Supply of Wasilla is the contractor, and started work at the beginning of June 2016. As of the end of August the project had reached substantial completion, with new boilers and controls operational, and new roofing for the boiler room installed. As part of the work the contractor attempted to balance the heating system but was unable to due to the deteriorated condition of existing balance valves. Since the Project Status Report—August 2016 Page 2 August 2016 Change Order Report, Other Projects Report, Proj... Page 217 of 222 AGENDA ITEM #18.B.1. project is approximately $200,000 under budget staff has requested a cost to replace the balance valves. Being able to balance the system will increase efficiency and ensure it is operating as designed. KODIAK MIDDLE SCHOOL BUS CANOPY REPLACEMENT This project was included on the list of bond projects approved by voters in the 2014 election, and is for replacement of the steel bus canopy at Kodiak Middle School. Jay Brant Contractors of Homer is the contractor, and began mobilization at the end of July. Removal of the existing canopy began in early August and erection of the new steel framing was completed by the end of August. The new metal roofing was delayed in shipping and is scheduled to be installed the second week of September. The canopy is currently safe and open as a student pathway. Staff has been working with the school administration to work out a safe method to install the roofing during school hours. This project is scheduled to be complete by September 9, 2016. Removal of Existing Canopy Steel LANDFILL RAIN SHEET Installation of New Anchor Bolts New Steel Framing KIB issued an Invitation to Bid for installation of the rain sheet at Cell 1 of the Landfill in May 2016. The rain sheet will divert storm water from entering the leachate collection system, reducing the volume being treated at the new treatment plant and thereby reducing operational costs. Bids were received on June 14, 2016, and on July 7, 2016, the Assembly voted to award a contract to Brechan Construction LLC. Brechan is currently waiting for arrival of materials to begin installation. PLAYGROUND REPLACEMENTS This project was included on the list of bond projects approved by voters in the 2014 election, and is for replacement of playground equipment at the schools in Akhiok, Chiniak, Karluk, Old Harbor, Ouzinkie, and Port Lions. At the end of August staff began discussions with the Department of Education and Early Development to get approval to use surplus funds from the East Elementary Roof project to replace the equipment in Larsen Bay as part of this project. In June and July staff travelled to all six villages and Chiniak to meet with community members and get input on what types, styles, colors, etc. of equipment best suits their needs. The pricing is almost finalized, and once there is a response to the funding for Larsen Bay staff will bring a change order to the Assembly for approval to order the equipment. The current schedule for this project is to place an order for the equipment in late fall, issue a bid package for installation this fall/winter, and install the equipment in summer 2017. BALER BUILDING ROOF Design is underway to replace the roof of the Baler Building which has not been replaced since the building was originally constructed. The roof leaks badly and is overdue for replacement. Jensen Yorba Lott is working on design for this project. It was hoped that this work could be completed during this year's building season but with the durations for design, reviews, bidding, and award it has been Project Status Report—August 2016 Page 3 August 2016 Change Order Report, Other Projects Report, Proj... Page 218 of 222 AGENDA ITEM #18.6.1. postponed until next year. The revised schedule is to put the project out for bid in the late fall 2016 and start construction in spring 2017. EAST ELEMENTARY INTERIOR RENOVATION This project was included on the list of bond projects approved by voters in the 2014 election, and is for replacement of flooring, cabinets, countertops, and plumbing fixtures at East Elementary. The design process has just begun, and Jensen Yorba Lott made a site visit on July 19, 2016 to gather information on the existing finishes/fixtures. A meeting of the Architectural/Engineering Review Board to review the 65% design documents is tentatively scheduled for mid-November 2016. Construction for this project is planned for summer 2017. KODIAK MIDDLE SCHOOL FIRE ALARM, CONTROLS, ELEVATOR This project was included on the list of bond projects approved by voters in the 2014 election, and is for replacement of the fire alarm, mechanical controls, and elevator controls at Kodiak Middle School. The design process has just begun, and Jensen Yorba Lott and RSA Engineering made a site visit on July 19, 2016 to gather information on the existing systems. A meeting of the Architectural/Engineering Review Board to review the 65% design documents is tentatively scheduled for mid-November 2016. Construction for this project is planned for summer 2017. FLOORING REPLACEMENT —AKHIOK, KARLUK, OUZINKIE This project was included on the list of bond projects approved by voters in the 2014 election, and is for replacement of flooring at the schools in Akhiok, Karluk, and Ouzinkie. The design process has just begun, and a meeting of the Architectural/Engineering Review Board to review the 65% design documents is tentatively scheduled for the end of September 2016. Construction for this project is planned for summer 2017. Project Status Report—August 2016 Page 4 August 2016 Change Order Report, Other Projects Report, Proj... Page 219 of 222 AGENDA ITEM #18.6.1. pj r � W O h l0 m Ol N lD I� n W OI O O m O N N N N M O N O p O Q O O °1 W a w c ° N Vl Yl d N V N n W o m W o v m 7 W E ° N � v O m w v o m W O° LA "� E v E E E v E MOS Co y VI N E p N N E N rz Q, .0 t2 i2 C Q orz Co m p` m o NOm1 d N y o Y G N N rtl O Ol Vl N O Ol N W O 1� N !YI O ai W m ti n n C m o o° O p o° in m° m N Z ii v o o a o C�^ m T C m m V N O1 P ti L Ol 4l � C OQf T isO` H h ` 'D C la !a` Y C 12 Ul rtj • ° O O c O O w U p V O O C L v ¢ = LL > C > U > '- > — > > ❑ C C > d C > W LL �l Q LL O' LL = LL LL IN LL LL m LL O N ✓1 � C N >. O m � August 2016 Change Order Report, Other Projects Report, Proj... Page 220 of 222 AGENDA ITEM #18.6.1. Kodiak Island Borough Engineering & Facilities Department Projects Office 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9210 Fax (907) 486-9347 To: Michael Powers, Borough Manager Cc: Bob Tucker, E/F Director From: Matt Gandel, Project Manager/Inspector RE: Change Orders for Period Ending August 30, 2016 Below is a summary of approved change orders for capital projects for August 2016: KMS Canopy Roof Replacement Jay Brant General Contractors — Contract 2016-51 Change Order #101- $2,634.80 Cut off existing anchor bolts at 11 base plate locations and provide new anchor bolts per the response to RFI 4. Revise Substantial Completion date from August 15, 2016 to September 5, 2016 and change Final Completion date from August 29, 2016 to September 15, 2016. Peterson and Main Floor Wolverine Supply. Inc. — Contract 2016-48 Change Order #02 - $6,618.93 1) RFP 02 — Credit for not having to perform abatement at vestibules 101 and 148 at Peterson Elementary. Flooring samples were taken and tested and were negative for asbestos. ($1,000.00) 2) RFP 03 — Remove 12 existing floor inserts and provide two new inserts for volleyball court at Main Elementary. Also provide plywood and sheet vinyl flooring in lieu of new resilient surfacing at area underneath bleachers. $4,899.31 3) RFP 04 — Remove existing floor grate and infill opening at vestibule 148 at Peterson Elementary. $2,719.62 Change Orders—August 2016 August 2016 Change Order Report, Other Projects Report, Proj... Page 221 of 222 August 2016 AGENDA ITEM #18.8.1. Page 222 of 222 Kodiak Island Borough BOARD OF ADJUSTMENT Thursday, October 6, 2016, 6:30 p.m. Assembly Chambers Page 1. Appellant's Files 3-25 a. Appeal Brief submitted on September 28, 2016 P&Z 16-010 AWN Appeal Brief 27-33 b. Appeal Filed on August 25, 2016 Appellant's Appeal Filed -2016 -08 -25 -Alaska Wireless Network Kodiak P&Z Case No. 16-010 Payment for Case No. 16-010 Variance Alaska Wireless Network 2. Appeal Record from Community Development 35-36 a. CDD letter to the applicant informing them that P&Z had adopted findings of fact in support of the variance denial at the August 17, 2016 Regular Meeting 01 Case No. 16-010 FoF Letter 8.23.16 37-40 b. Old Business packet from the August 17, 2016 Regular Meeting 02 Case No. 16-010 Old Business 8.17.16 41 -43 C. Applicable draft meeting minutes from the August 17, 2016 Regular Meeting 03 Case No. 16-010 DRAFT Minutes 8.17.16 45 d. CDD letter to the applicant informing them that P&Z had denied their request and had postponed adoption of findings of fact to the August 17, 2016 Regular Meeting 04 Case No. 16-010 Denial Letter 7.19.16 47-198 e. Case packet from the July 13, 2016 P&Z Regular Meeting 05 Case No. 16-010 Case Packet 7.13.16 199-200 f. Applicable meeting minutes from the March 16, 2016 Regular Meeting. 201 -202 g. Visit our website at www.kodiakak us 08 Case No. 16-010 Minutes 3.16.16 Applicable meeting minutes from the April 20, 2016 Regular Meeting. 07 Case No. 16-010 Minutes 4.20.16 93 www.facebook.com/Kodiakislandborough© @KodiakBorough Page 1 of 238 203-205 In. Applicable meeting minutes from the July 13, 2016 Regular Meeting 06 Case No. 16-010 Minutes 7.13.16 3. Transcription 207-222 a. Transcript of Kodiak Island Borough Planning and Zoning Commission Meetings Case No. 16-010 (Note: March 16 minutes were not specifically requested for transcription). • April 20, 2016 • July 13, 2016 • August 17, 2016 Minutes Transcription 4. Borough Code 223-226 a. KIB Section 17.195.090 and Chapter 17.225 Pertinent KIB Code Section and Chapter 5. Public Hearing Files 227-238 a. Notice of Appeal Hearing Letter and Mailing List 3 Notice of Appeal Hearing Mail Out Notification List - 41 sent out on Sept. 12 Visit our website at ww facebook.com/Kodiakislandborough © @KodiakBorough www.kodiakak us Page 2 of 238 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 .o 0 � 18 O M am° $ 19 sd � 20 21 Uq � Uv� a C7 N 22 23 II 24 25 26 27 Appeal BEFORE Ti1E KODIAK ISLAND BOROUGH BOARD OF ADJUSTMENT In Re: Case 16-010: A request by Alaska Wireless Network for a Variance to construct a 67' tall telecommunications tower that exceeds the B - Business zoning 50' building height limit by 17' on Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 and 17.90.040) Location 1812 Mill Bay Road. Zoning B -Business. The Alaska Wireless Network LLC Appellant AGENDA ITEM #9.a. Planning and Zoning Commission Case: 16-010 APPEAL FROM THE DECISION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION IN CASE 16-010 BRIEF OF APPELLANT ALASKA WIRELESS NETWORK I. INTRODUCTION The Alaska Wireless Network, LLC ("AWN"), together with its corporate parent GCI Communication Corp., is an Alaska -owned and operated telecommunications company providing services to the residents of Kodiak and other Alaska communities. AWN's telecommunications network currently includes a significant gap in wireless service in the City of Kodiak, including the Kodiak Hospital, which the company seeks to close through the construction of necessary new tower infrastructure. On January 4, 2016, AWN presented a Variance Application to the Kodiak Island Borough Planning and Zoning Commission (the "Commission") for construction of a sixty- seven (67') monopole tower, on a lot located at 1812 Mill Bay Road, Kodiak, Alaska (the Case: 16-010 on Appeal AWN Request for Variance Page 1 of 23 ubmitted on September 28, 2016 Page 3 of 238 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 . o e 1E 0 o n U � o o�rno 1S '.0a vx"A °o2C E.�o evia U 21 q � Vvoi C7 N 22 23 24 25 26 27 Appeal Brief AGENDA `Bartel Site"). The Bartel Site is located in the B -Business ("B") zone, where towers are a permitted use, with a fifty -foot (50') height limitation, the application sought a variance to allow the additional seventeen feet (17'). AWN presented substantial evidence of the existing significant gap in its service coverage and of the technical and practical necessity to locate a 67 foot tower in this particular business location to close such gap; there was no dispute as to these salient points, and the Commission found as much in its affirmative Findings of Fact 1, 2, 5, and 6. In addition, AWN presented substantial evidence that the requested 17' height variance complied with the each of the six requirements of the Kodiak Island Borough Code ("KIBC") for a variance. Such evidence was accepted by the KIB Community Development Department staff ("Staff'), which offered additional evidence in support, and recommended approval. After an extended process, including several continuances, the Commission denied, by an equally split vote, AWN's variance application, based upon its negative Findings of Fact 3, (potential "failure of the tower" and a new "fall zone" requirement), and 4 ("natural hazards" considerations from the 2008 Comprehensive Plan). There is absolutely no evidence in the record to rebut AWN's substantial evidence of the significant gap or to rebut the technical and practical necessity to construct a 67' tower on the Bartel Site to close the gap. AWN appeals the Commission's erroneous Findings of Fact 3 and 4, as well as its denial of the variance generally. The Commission committed extensive legal and factual errors in its consideration of AWN's application, most notably in denying, in direct violation of Federal law, the ability of AWN to fill an undisputed and significant gap in its wireless network. In addition, the Commission's negative findings are insufficient to support its decision as a matter of state and federal law. AWN respectfully requests that this Board of Case:16-010 on Appeal AWN Request for Variance Page 2 of 23 ubmitted on September 28, 2016 Page 4 of 238 #1.a. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 . o E` 18 O M U O"p ao 19 20 L 21 Uvo C7 N 22 23 24 25 26 27, Appeal Brief AGENDA Adjustment ("Board") reverse the decision of the Commission and immediately grant AWN's variance application. III. STANDARD OF REVIEW Under local ordinance, the Board of Adjustment decides the appeal upon the appeal record, the written and oral argument, and the testimony and evidence presented on the appeal. The Board exercises its independent judgment on legal issues and factual issues raised by the Appellant z Although not repetitively argued for in each of the legal and substantial evidence arguments below, the Board is empowered to, and should, substitute its independent judgment as to factual issues raised by AWN by the two disputed findings, Findings 3 and 4, and independently find that the legal conditions for variance under both Federal law and Borough ordinance have been met. III. LEGAL BACKGROUND A. Kodiak Island Borough Code Location of all structures, including telecommunications towers, in the Kodiak Island Borough ("Borough") is regulated by the Borough's standard zoning ordinances, codified at KIBC Title 17, 17.05.010 et seq. Design and construction of telecommunications towers is regulated by the application of the Telecommunications Industry Association's TIA-222-G standards, adopted by reference in the 2009 International Building Code, which was in tum adopted by the Borough in KIBC 15.10.010.A. I KIBC 17.225.070.D Z ]bid. Case: 16-010 on Appeal AWN Request for Variance Page 3 of 23 ubmitted on September 28, 2016 Page 5 of 238 #1.a. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 0 �� 18 0 O M U m 19 v n 20 S' O 0 0 a 21 U A c Uvoi C7 N 22 23 24 25 26 27 Appeal Brief AGENDA ITEO #1.a. Pursuant to KIBC 17.90.050.A, the Commission must consider six specific factors in reviewing applications for variances? If the use proposed in the application meets all of the factors, "the variance shall be granted..114 B. Federal Telecommunications Act of 1996 The Federal Telecommunications Act of 1996 (the "1996 Act') was enacted to Iencourage the rapid deployment of new telecommunications technologies.5 The Act generally preserves state and local authority over the placement and construction of telecommunication tower facilities, but clarifies when the exercise of local zoning authority is preempted by federal law.6 Most specifically here, but among other applicable limitations, the Act dictates that: (1) A local government cannot prohibit or effectively prohibit the provision of personal wireless services7; 3 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; 2.That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare; 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; 5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and 6. That granting the variance will not permit a prohibited land use in the district involved. 4 KIBC 17.95.050(A). 5 Pub. L. No. 104-104, 110 Stat.56.; T -Mobile Northeast LLC v. City of Lmvrence, 755 F.Supp.2d 286, 290 (D. Mass. 2010). 6 Rancho Palos Verdes v. Abrams, 544 U.S. 113, 115 (2005). 7 47 U.S.C. 332(c)(7)(B)(i)(li); 47 U.S.C. 253; see also Subsection (7)(B)(i)(1)(locality can't discriminate) and Sebsection (7)(11)(ii)(locality must decide within a reasonable time). Case: 16-010 on Appeal AWN Request for Variance Page 4 of 23 ubmitted on September 28, 2016 Page 6 of 238 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 23 24 25 26 27 Appeal Brief . D_ (2) Any local government decision to deny a request to construct personal wireless facilities must be in writing and supported by substantial evidence.8 As explained below, the Commission clearly violated both of these prohibitions, and this Board should immediately grant the requested variance. I11. PROCEDURAL BACKGROUND A. AWN's Variance Application and Supplemental Materials On January 4, 2016, AWN submitted a variance application to the Borough Department of Community Planning for construction of a tower at 1812 Mill Bay Road [R. 65-151]. On June 16, 2016, in response to questions, AWN submitted supplemental information on the site selection procedures, the tower construction standards and updated site materials. [R. 30-47]. As well documented in the materials submitted by AWN, the area to be served by the Bartel Site currently has marginal to no access to wireless internet and cellular service on the AWN network [R.75-76, 135-143; T. 20-22].9 This significant gap in AWN's services directly impacts wireless subscribers working and living in the area, including patients and staff working at the Kodiak Hospital, and has a supporting impact on several thousand wireless customers traveling through the area [R. 32, 38, 75-76].10 The record also establishes that as many as 43% of the residents living within such gap are discontinuing land lines and rely on 8 47 U.S.C. 332(c)(7)(I3)(iii). 9 "R." refers to the numbered pages of the appeal record; "T." refers to the pages within the verbatim transcript, consisting of 55 pages, presented in 4 page blocks, at pages 183-198 of the appeal record. 10 See also, 2008 Comprehensive Plan, Chap.7, page 21 ("2008 Plan")("[C]ityjacilities such as Mill Bay road serve as primary travel routes and carry a significant amount of both local and through traffic ") and Id., Chap. 8, page 1 I ("The Providence Kodiak Island Medical Center, [is] the island's only hospital... "). Case: 16-010 on Appeal AWN Request for Variance Page 5 of 23 .lbmitted on September 28, 2016 Page 7 of 238 #7.a. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 . o e 18 0 o m U .(2m°`$ 19 20 UY ° 21 A qyr N 22 23 24 25 26 27 Appeal Brief AGENDA cellular as their primary phone service, which would impact such residents access to 911 [R. 70]. These factors establish that the demonstrated gap is significant under Federal law. 11 AWN's materials, and later testimony, further explained how AWN decided on the Bartel site and tower design to fill this significant gap in its wireless service. The tower location was determined through complex technical modeling which takes into account the topography of the area, the service provided by other AWN towers, and the contours of the existing gaps in coverage [R.32-34, 76-78; T. 26-29]. Based upon this modeling, AWN must construct a new tower within a `search ring' from an established design point [R. 76-78; T. 251. There are no existing towers within this radius and, thus, collocation is not an alternative to new tower construction [R. 78]. The area within this radius includes significant swaths of residential property, public lands including the Kodiak Hospital, and various business properties [Id.]. AWN approached the Hospital and considered other PLU land and in each case was either rejected or received no response [R. 75,78; T. 26-291. The only parcels in the relevant area which are not residential, where towers are not allowed, or public use, are zoned B -Business [Id.]. Some of these business parcels were technically unsuitable for use due to airport height restrictions or topography [1L 78]. AWN thus approached owners of the remaining business properties which were technically viable to meet AWN's coverage needs to 11 Some factors considered in assessing the significance of alleged gaps include: whether the gap affected significant commuter highway or railway; the "nature and character of that area or the number of potential users in that area who may be affected by the alleged lack of service"; whether facilities were needed to improve weak signals or to fill a complete void in coverage; whether the gap covered well -traveled roads on which customers lack roaming capabilities; the results of "drive tests"; whether the gap affects commercial district; and whether the gap poses a public safety risk. See e.g. Cellular TeL Co. v. Zoning Bd. of Adjustment of the Borough of Ho-Ho- Kus 197 F.3d 64, 70 fn.2(3d Cir. 1999); Voice Strewn PCS I, LLC v. City of Hillsboro 301 F. Supp. 2d 1251, 1261(D. Or. 2004); Nextel Partners, Inc. v. Town of Amherst (W.D.N.Y. 2003) 251 F. Supp. 2d 1187, 1196 (W.D.N.Y. 2003); Ant. Cellular Network Co., LLC v. Upper Dublin Tipp. (E.D. Pa. 2002) 203 F. Supp. 2d 383, 390-391(E.D. Pa. 2002); Sprint Spectrum, L.P. v. Town ofOgunguit (D. Me. 2001) 175 F. Supp. 2d 77, 90(D. Me. 2001). Case: 16-010 on Appeal AWN Request for Variance Page 6 of 23 ubmitted on September 28, 2016 Page 8 of 238 #1.a. 9 31 4 5 6 7 8 9 10 11 12 13 14 15 16 17 23 24 25 26 27 Appeal Brief AGENDA discuss a potential lease of their properly, received only one expression of interest, and was able to secure a lease to the subject property [R. 78; T. 18-23, 26-28]. The proposed height of the tower is the minimum necessary to provide service to the most densely populated area located within the current gap in coverage [R. 79]. Further, the proposed tower height will be sufficient to allow for collocation opportunities and reduce the need for redundant towers, as favored by the 2008 Plan [R. 82; T. 37]. AWN also presented detailed exhibits documenting the tower engineering and projected visual impact of the tower construction [R. 88-119;126- 133]. AWN's application specifically described how its proposed variance met each factor set forth in KIBC 17.90.050 [R. 83-86]. B. Staff Report In response to AWN's application and supplemental materials, as well as comments at the previous April 20, 2016 Commission meeting, Staff submitted a composite report, including an original and several supplements, for the July 13, 2016 meeting, concluding that all of the criteria set forth in the KIBC 17.195.050 for issuance of the variance for a 67' telecommunications tower had been met [See R. 25-26, 49-50, and 58-64]. Specifically, the Staff concluded that AWN had demonstrated that: 1. There were "exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district," by virtue of the fact that, "[i]n order to eliminate a coverage gap, the tower must be located within the search ring" [R. 60].12 2. "[T]he strict application of the provisions of this title would result in practical difficulties or unnecessary hardship," by virtue of the fact that "[a] 50 foot 12 KIBC 17.195.050(A)(1). Case: 16-010 on Appeal AWN Request for Variance Page 7 of 23 ubmitted on September 28, 2016 Page 9 of 238 #1.a. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 0 � 18 o cn U o c o a o ono g 19 � a °oma dN 20 E^ 0 0 6 21 C7 N 22 23 24 25 26 27 Appeal Brief F-IRTW NMI tower is inadequate to on any lot within AWS search ring and would not eliminate their wireless coverage gap" [R. 61].13 3. "[T]he granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare," but instead would "enhance public health, safety, and welfare by improving cellular communications in the immediate vicinity" [R. 26, 62; T. 18].14 4. "[T]he granting of the variance will not be contrary to the objectives of the comprehensive plan," but rather "is consistent with various land use and economic goals in the 2008 Comprehensive plan" [R.26, 641.15 Staff cited to several specific and applicable 2008 Plan goals: "Regulate and manage land uses to balance the rights of private property owners with community values and objectives; "Support commercial businesses and areas within the Borough, including in downtown Kodiak'; and "Diversify the overall economy of the Kodiak Region" [R. 62-63].16 5. "[A]ctions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance," citing to the lack of suitable and/or available parcels within the search ring [R.63].17 6. "[G]ranting the variance will not permit a prohibited land use in the district involved," based upon the fact that towers had been consistently allowed as a use in B zoning under KIBC 17.90.020.);); [R.63].18 C. July 13 2016 Commission Hearing AWN representatives appeared at the July 13, 2016 meeting of the Commission to present additional information and respond to Commission questions regarding the visual impact of the tower, the alternative sites considered for the project, the extent of the existing 13 KIBC 17.195.050(A)(2). 14 KIBC 17.195.050(A)(3). The Staff finding that the variance would not result in material damage or prejudice to other properties was part of its finding on the sixth factor. [R.23, 64] 15 KIBC 17.195.050(A)(4). 16 2008 Comprehensive Plan, Chapter 4, page 28 et seq.; Chap. 5, page 20 et seq.; Chap. 5, page 22 et seq. See also Id. at Chapter 12, Implementation, Page 8 ("[elnsure that telecommunications are integrated into the long- term plans that allow for maximum efficiencies and minimize redundancies."). 17 KIBC 17.195.050(A)(5). 18 KIBC 17.195.050(A)(6). Case: 16-010 on Appeal AWN Request for Variance Page 8 of 23 ubmitted on September 28, 2016 Page 10 of 238 #1.a. 2 3 41 5 6 7 8 9 10 11 12 13 14 15 16 17 23 24 25 26 27 Appeal Brief AGENDA AWN service gap, the process used to locate the proposed site, the lack of collocation opportunities for the tower, and AWN's specific RF frequency needs. Specifically, AWN representatives testified that the proposed site includes several modifications designed to minimize any impact on existing use of adjacent properties [T. 30]. AWN further testified that the owners of all of the alternate FLU and B lots were either not willing to lease their property to AWN or failed to respond to requests [T. 26-29; see R. 33-34]. AWN's existing coverage gap continues to negatively impact adjacent residential and business subscribers, including the patients, staff and administrators at the Kodiak hospital, with a supporting impact on a large number of subscribers who will make use of this tower when passing through the coverage area [T. 20-22; see also R. 32, 38, 75-76]. At the conclusion of the July 13 public hearing, the Commissioners briefly presented conflicting findings on the record and voted on the application. [Tr. 42-44] Three of the Commissioners voted to approve the application, with two of them recognizing the need for the services, the availability of insurance, and the validity of engineering as outweighing the de minimus potential impacts [T. 43-44]. Three of the Commissioners voted against the application, with two stating that their votes where based upon "the potential impact on the adjacent property" but acknowledging that a 50' tower wouldn't need approval at all [T. 44-45]. As the vote resulted in a tie, it thus effectively denied the application [T. 45]. D. August 23, 2016 Findings of Fact Although the vote was taken at the July 13 meeting, the Commission did not issue its Findings of Fact until August 23, 2016, following a meeting on August 17, 2016 [R. 11-12; T. 46-54]. The Commission adopted Staffs originally proposed affirmative findings 1, 2, 5, and Case: 16-010 on Appeal AWN Request for Variance Page 9 of 23 ubmitted on September 28, 2016 Page 11 of 238 #1.a. 1 2 3 4 5 6 7 6 s 10 11 12 16 17 23 24 25 26 27 Appeal Brief AGENDA 6, discussed above, which establish the existence of the significant gap, the lack of any other available sites, and the lack of feasibility to close the gap at a height less than 67'. Specifically, the Commission found that: 1. "To eliminate coverage gaps, a telecommunications tower must be located within the radio frequency search ring" [R. 11, 641. 2. "The strict application of the B -Business zoning fifty (50) foot building height limit would prohibit AWN's ability to eliminate a service gap" [R. 11, 641. 5. "[T]he special conditions from which relief is sought are a matter of technological and geographic constraints. The applicant's request to construct a tower that exceeds the building height limit is an effort to overcome these conditions" [R. 11, 64]. 6. "Construction of a sixty-seven (67) foot cell tower would be consistent with permitted uses and infrastructure within the B -Business zone" [R. 11, 64]. However, based upon "input from the prevailing side" and improper evidence presented subsequent to the close of the public hearing at the July 13 meeting, the Staff proposed affirmative Findings 3 and 4 were modified and the Commission adopted those modified findings [T. 53-54; R 11, 13-15].19 The new Findings 3 and 4 made negative findings as to the potential for tower failure due to wind loads, the lack of a fall zone, and non-compliance with the 2008 Plan [T. 48; R.13-15]. 19 In reaching its decision, the Commission relied in part on evidence reviewed and considered after the July 13 hearing. In doing so, the Commission violated basic due process standards required by federal, state, and local law. Due process under the Alaska Constitution requires, at a minimum, that parties be notified of the subject of proceedings concerning them and a reasonable opportunity to be heard. Potter v. Potter, 55 P.3d 726, 728 (2002). The 1996 Act specifically requires that applicants be given an opportunity to dispute evidence offered in support of denial. T -Mobile USA v. City ofAnacortes, 572 F.3d at 998. Appellant was given no notice that the public hearing for the taking of evidence was to be reopened by the Commission at its August 17th meeting. Yet at that meeting, after the close of the public hearing on July 13, 2016, three new items of evidence were introduced, via at least two versions of a 'discussion document' with an undisclosed attachment, and utilized in support of the erroneous negative findings, including "rememb[rances]" of the commissioners [See R. 13-15 for the only version included in the appeal record]. To care the due process violation, the Board should disregard this late -introduced evidence. Case:16-010 on Appeal AWN Request for Variance Page 10 of 23 ubmitted on September 28, 2016 Page 12 of 236 #1.a. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 . o eo 18 0 o 1 n U c rn o 19 p w" rev 20 E a V21 C9 N 22 23 24 25 26 27 Appeal Brief ► A_ This appeal was filed by AWN on August 25, 2016, and is timely, pursuant to KIBC 17.195.090. The Board has jurisdiction over this appeal pursuant to KIBC 17.195.090 and 17.225.020.C. IV. ARGUMENT The Commission's decision denying AWN's variance application should be reversed for two independent reasons. First, the decision clearly violates the 1996 Act, as consistently interpreted by federal courts, by, inter alfa, prohibiting, or having the effect of prohibiting, the provision of personal wireless services. Second, the Commission's two negative findings — in contradiction to the Staffs recommendations and based on evidence improperly presented after the hearing— are not supported by substantial evidence and, in one case, is based on an impermissible zoning standard not set forth in the Borough Code. A. The Commission's Decision Violated the Telecommunications Act of 1996. The 1996 Act provides that "[t]he regulation of the placement, construction, and modification of personal wireless service facilities by any State or local government or instrumentality thereof... (II) shall not prohibit or have the effect of prohibiting the provision of personal wireless services."20 In interpreting this provision, the Ninth Circuit has held that where, as here, a provider has made a prima facie showing that a proposed tower is the least intrusive means of filling a significant gap in service, the zoning commission must grant the application wiless it can specifically .show "the existence of some potentially available and technically feasible alternative."21 The failure to do so amounts to an illegal prohibition on the 20 47 U.S.C. 332(c)(7)(13)(i)(11). 21 T -Mobile USA v. City ofAnacortes, 572 F.3d 987, 998 (9th Cir. 2009) (reversing commission decision denying application); MetroPCS, Inc. v. City & Cnty. of San Francisco, 400 F.3d 715, 733 (same); Nextel Comm. of the Mid -Atlantic, Inc. v. Town of Wayland, 231 F.Supp.3d 396,407 (D.Mass. 2002) (same). Case: 16-010 on Appeal AWN Request for Variance Page 11 of 23 ubmitted on September 28, 2016 Page 13 of 238 #7.a. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 . o E' 0 o M 18 U m oma`$ 19 v 20 UQ q0q° 21 C7 N 22 23 24 25 26 27 Appeal Brief AGENDA provision of wireless services. This is the case even where, unlike here, the commission has substantial evidence to support a denial of the application.22 Furthermore, the applicant must have an opportunity to dispute any evidence relied upon by the commission as to the availability and feasibility of an alternative 23 It cannot be disputed that AWN made a prima facie case that its proposed tower at the Bartel Site was the least intrusive, in fact only means of filling a significant gap in service. In its application and testimony, AWN submitted substantial evidence documenting a significant gap in service related to this tower site; its unsuccessful attempts to procure any alternate tower location; and the necessity of a tower at the site and height proposed to fill the gap 24 Once AWN presented a prima facie case, the burden shifted to the Commission to rebut AWN's showing and present a feasible alternative in order to deny the application. The Commission failed to even attempt to meet that burden; it offered no evidence of alternatives whatsoever. Indeed, in adopting Findings of Fact 1, 2, 5 and 6, the Commission affirmatively accepted AWN's showing as to the significant gap and lack of alternatives. Having failed to show that there are alternate sites which are potentially available and technologically feasible, the Commission was required to grant the application. Its denial of the application violated the 1996 Act and the Commission's denial must be immediately reversed 25 26 221d. 23 Id. 24 See supra pp. 5-7. 25 T -Mobile USA, 572 F.3d at 998 (reversing commission decision denying application); MetroPCS, Inc. v. City & Cnty. of San Francisco, 400 F.3d at 733 (same); see also Nextel Comm. of the Mid -Atlantic, Inc. v. Town of Wayland, 231 F.Supp.3d 396, 407 (D.Mass. 2002) (same). The Commission's decision violated the 1996 Act for two additional reasons that require its reversal. First, the denial of the application unlawfully discriminates against AWN. See 47 U.S.C. 332(c)(7)(B)(i)(I) (commission "shall not unreasonably discriminate among Case: 16-010 on Appeal AWN Request for Variance Page 12 of 23 ubmitted on September 28, 2016 Page 14 of 238 #1.a. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 . o Ei, o � 1f o M U mom„ ;rno 1C a a N 2C 6 .� o 0qPq 21 Un 6 0" 22 23 24 25 26 27 Appeal Brief AGENDA B. The Commission's Decision Was Not Supported by Substantial Evidence, The Commission denied AWN's application based on two negative findings: first, that "[tjhe failure of the tower could adversely impact public health, safety and welfare due to the small lot sizes and proximity of the lease area to nearby parcels, and could result in material damage or prejudice to other properties, as the fall radius extends across two adjacent lots"; and second, that "[t]he variance is in conflict with natural hazards goals, policies and/or implementation actions in the 2008 Comprehensive flan." The Commission's decision should be reversed because neither of these findings are supported by substantial evidence and the "fall radius" finding improperly imposes a requirement not found in the Borough Code. Under the 1996 Act, any decision by a local zoning board denying a variance to construct a personal wireless services facility must be in writing and supported by substantial evidence 27 It is the Commission that bears the burden of demonstrating that the record contains substantial evidence in support of its decision." providers of functionally equivalent services"). Towers of up to 50' are permitted without a variance in the relevant B district, and three towers over 50' have been approved, including one 67' tower on the very same road as the Bartel Site [R. 78, 86; Tr. 27]. The Commission presented no evidence as to how those approved towers are dissimilar to the proposed tower. Second, the Commission failed to act on AWN's application within a reasonable period of time. See 47 U.S.C. 332(c)(7)(B)(ii) (commission "shall act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time after the request is duly fled"). The FCC has interpreted this provision to require a commission to act upon a completed application within 150 days, referred to as the "Shot Clock." See In the Matter of Petition for Declaratory Ruling to Clarify Provisions of Section 332(c)(7)(B) to Ensure Timely Review WT Docket No. 08-165, Declaratory Ruling, 24 FCC Rcd 13994 (2009). AWN filed its application on January 4, 2016 [R. 661. As such, the shot clock for decision ran, without extension, on June 2, 2016. AWN did write the Commission, on June 10, 2016, and offer to extend this period, but received no reply [R. 27-29]. The presumptive period for decision set by the Shot Clock has long run. See, e.g. T -Mobile Ne. LLC v. City of Lawrence, 755 F. Supp. 2d 286, 292 (D. Mass. 2010). 26 The proper remedy for 1996 TCA violation in most cases is an immediate order to authorize construction, see T -Mobile Northeast LLC v. City of Lawrence, 755 F.Supp,2d at 292-293. 27 47 U.S.C. §332(c)(7)(B)(iii). 28 T -Mobile Ne. LLC v. City of Lawrence, 755 F. Supp. 2d 286, 291 (D. Mass. 2010) ("The burden of proof that the record contain substantial evidence rests with the zoning board. Although the board need not make formal Case: 16-010 on Appeal AWN Request for Variance Page 13 of 23 ubmitted on September 28, 2016 Page 15 of 238 #1.a. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 . o 8 18 0 O M U on 9m°`$ 19 5 v � ai r'av 20 U��° 21 A dr M U N 22 23 24 25 26 27 Appeal Brief R #A#7 Similarly, Alaska law is clear that a decision by a zoning body must rely upon "substantial evidence ... generally defined as evidence that a reasonable mind might accept as adequate to support a conclusion.s29 The Alaska Supreme Court has held that "regardless of whether a local ordinance requires findings" an administrative land use decision "must render findings sufficient both to enable the parties to determine whether and on what basis they should seek review and, in the event of review, to apprise a reviewing court of the basis for the board's action."30 Further, sufficiently specific findings "enable the reviewing court to meaningfully examine the agency's mode of analysis.i3 t The test of sufficiency is "a functional one: do the Commission's findings facilitate this court's review, assist the parties and restrain the agency within proper bounds?„32 In this case, neither of the Commission's negative written findings 3 or 4 meet the evidentiary standard set by the 1996 Act or Alaska law. The negative findings issued by the Commission in this case are extremely brief and/or essentially amount to a reiteration of the language of the KIBC or the 2008 Plan, and a blanket statement that code or Plan provisions have not been met. [See Letter conveying Findings R. 11-12] The findings themselves do not findings of fact or state every single fact in the record, it may not `hide the ball.' Its written decision must contain a sufficient explanation of the reason for the denial to allow a reviewing court to evaluate the evidence supporting those reasons."). Although this case is not direct authority in Alaska, the Ninth Circuit has held that there is "universal agreement among the circuits as to the substantive content of the [substantial evidence] requirement" T -Mobile USA, Inc. v. City ofAnacortes, 572 F.3d at 992. As such, it is appropriate to rely upon the decision's analysis of the substantial evidence standard here; see also T -Mobile S., LLC v. City ofRosivell, Ga., 135 S. Ct. 808, 815 (2015). 29 Griswold v. City of Homer, 55 P.3d 64, 67 (Alaska 2002). 30 Fields v. Kodiak City Council, 628 P.2d 927, 933 (Alaska 1981); 31 Id.; Absent such findings, a reviewing body is left "groping through the record to determine whether some combination of credible evidentiary items which supported some line of factual and legal conclusions supported the ultimate order or decision of the board.” Id. 32 South Anchorage Concerned Coalition, Inc. v. Coffey, 862 P.2d 168, 175 (Alaska 1993); (Written findings may be supplemented by oral findings made on the record to achieve clarity into commission reasoning and conclusions.") Id. Case: 16-010 on Appeal AWN Request for Variance Page 14 of 23 ;ubmitted on September 28, 2016 Page 16 of 238 #1.a. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 .a o o � 1E U 2 2 F�rno 1£ 2C a 21 UqG Uvo C7 N 22 23 24 25 26 27 Appeal Brief AGENDA include any indication of why the Code standards were not met, which portions of AWN's application were insufficient, and how AWN could refute these findings. The Commission's oral findings on the record do not offer further clarification, nor does the record as a whole, including the proposed revised findings and the dueling discussion documents presented to the Commission at its August 16, 2016 meeting [R. 13-15; see also fn. 19, above]. 1. The Commission's third conclusion, that "Failure of the tower could adversely impact public health, safety, and welfare due to the small lot sizes and proximity of the lease area to nearby parcels, and could result in material damage or prejudice to other properties, as the fall radius extends across two adjacent lots as the fall radius extends across two adjacent lots, " is not supported by substantial evidence. The Staff advocated that the AWN Tower would "enhance public health, safety, and welfare by improving cellular communications in the immediate vicinity" and "will not result in material damage or prejudice to other properties in the vicinity. [R. 26, 62; T. 18]. The Commission's written Findings simply reverse the Staff conclusions and proposed findings without presenting any evidence or explanation. The only apparent reasons why the Commission disagreed with the Staff conclusions are found in the transcribed oral reasons given at the July 13 meeting and the discussion document(s) for the August 17`h meeting [T. 44; R. 14-15]. Two of the Commissioners voting against the application stale on the record that they are voting to deny the application because of the degree of outcry from a neighboring resident. However, this is not, by itself, a permissible grounds for denial under Alaska law.33 It appears that the alleged response from residents is related to a discussion point, number 3(C), in the version of the discussion document contained in the appeal record: that the tower "[c]auses 33 South Anchorage Concerned Coalition, Inc. v. Coffey, 862 P.2d at 172 n. 11 (Alaska 1993) ("a permit denial based on negative community sentiment alone is improper"). Case:16-010 on Appeal AWN Request for Variance Page 15 of 23 ubmitted on September 28, 2016 Page 17 of 238 #1.a. 2 7 4 5 6 7 8 9 10 11 12 13 14 15 16 17 o B� 18 0 O M 19 „rev 20 El od°�� 21 UA a Uvoi 6 N 22 23 24 25 26 27 Appeal Brief AGENDA ITER #1.a. prejudice to property owner of adjacent lot that will affect their ability to get insurance on structures once they decide to build." [R. 141 Witness Arndt, the adjacent property owner and the brother of Commissioner Arndt, submitted a letter, dated April 12, 2016, stating unequivocally that his "insurance carrier, [told him] if I was to have multiple dwellings on the property or even an office building/warehouse of any sort, that my rates would increase because of this tower's location." [T. 12]. Interestingly, his actual testimony three months later, on July 13th had changed and was somewhat equivocal on this insurance point, stating he had received an answer from the insurance company that very dpy stating: "it wouldn't become an issue until something was built there, and if it was brought to their attention, they would look at it. They used the term unstable tower or building, they would be adverse to insuring anything on the adjoining property, but they did use that term, that — the fact that — unstable" [T. 32]. There was no evidence even implying that a brand new, state of the art, totally building code compliant telecommunications tower was in any way "unstable", let alone that this particular tower would be deemed as such. This is hardly substantial evidence to support the finding as required by federal and state law. Beyond the insurance discussion, no clear or sufficient grounds are offered for the Commission conclusion that AWN's proposed construction might be detrimental to the public's health, safety, and general welfare, or result in any 'material' damage or prejudice to adjacent properties beyond that of a 50' tower or, in fact, any development at all.34 The Commission has offered no additional clarification of this finding in its written or oral findings. As such, as against the clear, unrebutted and unchallenged evidence of a "significant" gap and 34 See discussion in Section IV(B)(2), immediately below at P. 19, as to the presumed and unrebutted stability of the proposed tower design. Case: 16-010 on Appeal AWN Request for Variance Page 16 of 23 ubmitted on September 28, 2016 Page 18 of 238 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 23 24 25 26 27 Appeal Brief AGENDA the need for the variance, this finding is inadequately supported as a matter of federal law and the Commission's decision must be reversed35 2. The Commission inappropriately relied on a fall radius requirement not found in the Borough Code. Instead of presenting evidence to support Findings of Fact 3, the Commission relied on a "fall radius" requirement that does not exist in the Borough Code, and which exceeds the scope of the Commission's authority. The Alaska Supreme Court has affirmed that "zoning authorities are bound by the terms and standards of the applicable zoning ordinance, and are not at liberty to either grant or deny conditional use permits in derogation of legislative standards. ,36 The Ninth Circuit Court of Appeals has similarly stated that, to comport with the 1996 Act standards, a denial of a land use application must be "authorized by applicable local regulations.1137 The Borough Code and its consistent interpretations relative to the facts in this case are clear. The applicable standard as to the location of improvements permitted in a zone is governed by the applicable set -back ordinance for the zone. See e.g. KIBC 17.95.080 Setbacks from property lines applicable for RNC- Rural Neighborhood Commercial Districts. There is no setback ordinance or requirements for the B -Business District involved in this appeal, thus allowing impacts on adjoining lots. See generally KIBC Chapter 17.90 B -Business District. See generally KIBC Chapter 17.90 B -Business District. 35 This can be accomplished from a ministerial standpoint by adopting the Staff's final recommended Finding 3, and adding the deleted phrase to adopted Finding 6, found in the record at page 23. 36 South Anchorage Concerned Coalition, Inc. v. Coffey, 862 P.2d 168, 174-75 (Alaska 1993) (emphasis in the original) (citing Thurston v. Cache County, 626 P.2d 440, 444-45 (Utah 1981). 37 MetropCS Inc. v. City and County of San Francisco, 400 F.3d at 725. Case: 16-010 on Appeal AWN Request for Variance Page 17 of 23 3bmitted on September 28, 2016 Page 19 of 238 #1.a. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 o L, • o � 18 O M U p •� a o 19 20 B71 ` 71 0n UO �� 21 u N 22 23 24 25 26 27 Appeal Brief AGENDA Similarly the applicable standard as to the height of improvements permitted in a zone is governed by the applicable building height ordinance for the zone. See KIBC 17.90.040 Building height, for the applicable B -Business district, which imposes a 50 foot maximum building height. Thus, as noted repeatedly in the record, a 50 foot tower constructed within a zone B lot line, could have a `fall radius' essentially extending the full 50 feet into the adjacent parcel and would require no variance for construction [T. 43-44]. As there is no express "fall radius" restriction within the Code, it can be logically assumed that the "impacts" and "prejudices" of a 50' fall zone are accepted in the B district. The additional 2' of fall radius impact imposed on the adjoining property by granting the requested variance is de minimus in application, and the additional 2' can hardly be deemed "material" under KIBC 17.195.050.A.3, since it allows for adequate tower height to fill the significant gap in coverage under the Federal standard.38 Besides relying on a non-existent fall -zone requirement, the Commission's discussion and imposition of the new "fall zone" standard assumes some "material" risk of the tower actually failing. This is in spite of the fact the record clearly demonstrates that the tower design is fully compliant with nationwide standards and the express requirements of Borough code for towers, and such design fully accounts for the site specific natural hazards set forth in the 2008 Comprehensive Plan and draft Hazard Mitigation Plan [R. 79-119; T. 33-34]. Pursuant to KIBC 15.10.010.A, the Borough utilizes "[t]he 2009 International Building Code," for structures in the Borough.39 ("IBC 2009"). Section 3108.1 of the IBC 2009 requires telecommunication and broadcast towers to both be designed to the provisions of TIA-222-G, 38 This 2' is calculated as the full 67' height, less the 15' within the proposed enclosure in the subject lot, equaling 52' rather than the already allowed 50' [See R. 45]. 39 KIBC 15.10.010.A adopts the 2009 IBC with minor revisions, not material to the appeal herein. Case: 16-010 on Appeal AWN Request for Variance Page 18 of 23 ubmitted on September 28, 2016 Page 20 of 238 #1.a. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 23 24 25 26 27 Appeal Brief set out by the Telecommunications Industry Association. The facts are uncontroverted in the record that the TIA-222-G standard was utilized in the design and that "the proposed tower will be engineered to withstand ice loading, seismic events, and extreme winds, and will be at least as structurally sound, if not more so, than any other type of tall structure (including buildings, power poles, and tall trees in this area of the borough" [Id.]. In lieu of recognizing these two standards as set forth by Borough Code and assuming their validity, the Commission concocted and applied a new `fall zone' legal standard to apply to this variance application. This requirement is not set by the code and is an impermissible extension of the Commission's legal authority. Under the Commission's new `fall zone' standard, an applicant trying to fill the identified significant gap in coverage would be required to place a tower on sites which are demonstrably not available, or at a height which would not fill the gap, and thus the new "fall zone" standard would be sufficiently prohibitive to bar the applicant from filling the gap, in clear violation of Federal law. 40 Most importantly, however, the standard applied by the Commission is not in the Borough Code, and the Commission is not empowered to ignore its own standards for each land use application. But for the de minimus 2' of potential impact on the adjoining property, for which the variance was sought, AWN met the standards for allowed use, set -back and risk of failure as set forth in the Code and the Borough's draft Hazard Mitigation Plan.41 As such, 40 As set forth in this brief, the 1996 Act prohibits a local land use authority from prohibiting or effectively prohibiting the construction of wireless technology facilities through regulation. 47 U.S.C. 332(c)(7). 41 The Borough's current draft Hazard Mitigation Plan, offers the following assessment: Wind Storncs The maximum recorded fastest mile wind speed, 62 miler per hour, and the maximum recorded gust, 83 miles per hour, are high enough to result in tree falls which may damage above ground utility lines. Building damages at these wind speeds is likely to be very minor, with isolated roof damage possible. Wind storms do not pose a significant risk to the borough. Hazard Mitigation Plan at page 12-7. The TIA-222-G standards used by AWN allow for at least a 130 mplr wind speed [M09; T. 34-35]. Case: 16-010 on Appeal AWN Request for Variance Page 19 of 23 ubmitted on September 28, 2016 Page 21 of 238 #7.a. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 .o &19 0 O M U m " a°1i6�n 2C igO�a 21 Uq� Via C7 N 22 23 24 25 26 27 Appeal Brief AGENDA the Board should exercise its independent judgment as to Finding 3, the Commission's decision should be reversed, and AWN's variance application should be approved.42 3. The Commission'sfourth conclusion, that "ftlhe variance is in conflict with natural hazards goals, policies and/or implementation actions in the 2008 Comprehensive Plan, " is not supported by substantial evidence. The Staff initially found that AWN's application "is consistent with various land use and economic goals in the 2008 Comprehensive plan" [R.26, 64]. The Commission reversed this proposed finding without presenting any evidence in support. The formal Finding number 4 in this case is nearly analogous to that offered by the City of Lawrence Zoning Board of Appeals and considered by the U.S. District Court for the District of Massachusetts in T -Mobile Ne. LLC v. City of Lawrence, 755 F. Supp. 2d 286 (D. Mass. 2010), where the court emphatically affirmed that "[a] mere recitation of provisions of a local zoning ordinance does not constitute `substantial evidence.' " In that case, the Board produced a decision denying T -Mobile's permit application which essentially "recited, by rote, the requirements of the Ordinance that would have otherwise permitted allowance," and "provided no specific facts to support its findings.1143 The Court concluded that the Board's "bare -bones decision" was an explicit violation of the Telecommunications Act's substantial evidence requirement 44 The Commission in this case has gone beyond "providing no specific facts" and making "mere recitations" found in T -Mobile Ne., it its fourth finding. The finding is merely a non - 42 This can be accomplished from a ministerial standpoint by adopting the Stafrs original recommended Finding 4, found in the record at page 64, originally discussed at pages 61-62. 43 T -Mobile Ne. LLC v. City of Lawrence, 755 F. Supp. 2d at 291-292. 44 Id. at 292. Case: 16-010 on Appeal AWN Request for Variance Page 20 of 23 ubmitted on September 28, 2016 Page 22 of 238 #1.a. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 o 0 o m U E; e a o 19 e m�rxv, - ¢ b dr N 20 c�°cq 21 � ra Uvoa C7 N 22 23 24 25 26 27 Appeal Brief 1TR: specific recitation of "goals, policies and/or implementation actions" somehow relating to "natural hazards" that are apparently somewhere contained in the "2008 Comprehensive Plan." The term "natural hazard" is only mentioned in the 2008 Plan in seven instances45 The only citation to specific sections of the Plan by the negative voting Commissioners, is contained in the discussion document(s) presented at the August 17th meeting, citing Chapter 10, page 30 of the Comprehensive Plan: "Policy: Work with property owners and developers to determine the best use of hazard -prone lands. Implementation Actions: Take into account available data concerning seismic, tsunami, avalanche, erosion, slope instability, flood, and wind hazards prior to approval of development and incorporate appropriate development criteria into local land use regulations in order to minimize the impact of these hazards." [Emphasis in original discussion document, R. 14 ]. This section of the 2008 Plan is selectively quoted in the discussion document, with an equally salient and complimentary implementation action omitted. In fact, an examination of the entire record reveals substantial evidence submitted by AWN meeting this criterion for approval established by Borough Code [R. 83-86]. Borough Staff, as discussed above, had consistently found the project to affirmatively comply with the 2008 Plan, citing additional and relevant specific provisions [R. 62-63]. More tellingly, the Commission ignored another, and more salient implementation action suggested in this same hazards section of the 2008 Plan: "Require sound engineering and constructions practices to ensure the safe design and construction of public and private facilities" [2008 Plan Chap. 10, page 30]. This 45 2008 Comprehensive Plan, at: Chap. 4, pages 3 and 10 (twice; Hazard Mitigation Plan), Chap. 10, page 30(Coastal Areas)*******; Chep. 11, pages 62 and 64 (Port Lions subplan), and Appendix A, page 6 (definition of Natural Hazard). Case:16-010 on Appeal AWN Request for Variance Page 21 of 23 ubmitted on September 28, 2016 Page 23 of 238 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 23 24 25 26 27 Appeal Brief AGENDA implementation action was specifically achieved with the adoption of the national TIA-222-G standard for towers and which is fully implemented in this case. Thus, substantial evidence presented by AWN, recommended by Staff, and supported by unrebutted engineering analysis, demonstrates clearly that the "available data" as to inherent wind hazards of this site had been fully "[t]ake[n] into account" for the allowed uses in B zoning for towers. Further the substantial evidence in the record demonstrates that the ordinances "[r]equire sound engineering" and that adequate measures have been put in place to "ensure the safe design and construction" of the proposed tower, as called for in this section of the 2008 Plan. The Commission's fourth finding should be rejected because it is not supported by substantial evidence as required by state and federal law.16 V. CONCLUSION The Kodiak Island Borough Planning and Zoning Commission denied the variance application submitted by the Alaska Wireless Network for construction of a communications tower at 1812 Mill Bay Road based upon erroneous legal standards and in derogation of various legal requirements imposed by local, state, and federal law. Substantial evidence in the record supports the grant of AWN's application on each applicable criterion for the grant of a variance under the applicable Kodiak Borough Ordinance and State law. Federal law, based upon the substantial evidence presented by AWN, as to a "significant" gap and the need for the requested height variance at this site, unrebutted by any evidence at all, supports an immediate reversal of the Commission' action. Relying upon the preemptive Federal 1996 TCA and the 46 This can be accomplished from a ministerial standpoint by adopting the Staffs final recommended Finding 5, , found in the record at page 23. Case: 16-010 on Appeal AWN Request for Variance Page 22 of 23 ubmitted on September 28, 2016 Page 24 of 238 #1.a. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 o 0 18 0 o m U c'p a o oma $ 19 o�dN 20 Uq 5 21 N O C7 N 22 23 24 25 26 27 Appeal Brief AGENDA substantial evidence in the record, AWN respectfully requests that this Board reverse the Commission's decision and immediately grant AWN the requested variance. DATED: September 28, 2016 Case: 16-010 on Appeal AWN Request for Variance Page 23 of 23 ubmitted on September 28, 2016 IN FRI Iryl/ Mark R. Moderow Its: Senior Counsel 2550 Denali Street, Suite 1000 Anchorage, Alaska 99503 Phone: 907-868-5664 Fax: (907) 868-5676 Email: mmoderow@gci.com Page 25 of 238 AGENDA ITEM #1.b. August 25, 2016 Nova M. Javier, MMC Via e-mail and USPS Borough Clerk Kodiak Island Borough 710 Mill Bay Road Room 234 Kodiak, AK 99615 niavier@kodiakak.us Re: Appeal of Decision of P & Z Commission Variance Request, P&Z No. 16-010 Dear Madame Clerk, Pursuant to K.I.B.C. 17.195.090, Applicant, Alaska Wireless Network ("AWN"), hereby files this written notice of appeal from the decision of the Kodiak Island Borough Planning and Zoning Commission ("Commission") to deny AWN's Request for Variance in P&Z Case No. 16-010. Findings of Fact in support of the denial were adopted by the Commission at its August 17, 2016 meeting, and such Findings were formally transmitted to the Applicant via letter, dated August 23, 2016, a copy of which, containing the Findings, is attached. In keeping with the requirements of the ordinance, also attached to this notice is a statement of the specific grounds of error in support of the appeal. Finally, an appeal fee has been separately tendered on behalf of the Applicant, so as to allow this electronic filing. The undersigned requests confirmation, via e-mail, of receipt of this Notice, the Attachments and the appeal fee. Service of further documents regarding this appeal should be to the undersigned, at: GCI Legal and Regulatory Department Attn: Mark Moderow, Sr. Counsel 2550 Denali Street, Ste. 1000 Anchorage, AK 99503 Telephone: 907-868-5664 E-mail: mmoderow@cg i.com Thank you for your attention to this matter. 7rk MaModerow Senior Counsel, Corporate & State Regulatory Affairs, Regulatory 2550 Denali Street • Suite 1000 • Anchorage, Alaska 99503-2751 • 907P868zf(238 Appeal Filed on August 25, 2016 August 23, 2016 Mr. Dave Baker Alaska Wireless Network 6831 Arctic Blvd. Anchorage, AK 99518 AGENDA ITEM #1.b. Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiak.ak.us Re: Case 16-010. Request a Variance to construct a 67' tall telecommunications tower that exceeds the B -Business zoning 50' building height limit by 17' on Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 and 17.90.040). Dear Mr. Baker: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on July 13, 2016, denied your request for a variance as stated above, and adopted Findings of Fact in support of the denial at their August 17, 2016 regular meeting. The Commission adopted the following findings of fact in support of their decision: FINDINGS OF FACT 1. To eliminate coverage gaps, a telecommunications tower must be located within the radio frequency search ring. 2. The strict application of the B -Business zoning fifty (50) foot building height limit would prohibit AWN's ability to eliminate a service gap. 3. Failure of the tower could adversely impact public health, safety, and welfare due to the small lot sizes and proximity of the lease area to nearby parcels, and could result In material damage or prejudice to other properties, as the fall radius extends across two adjacent lots. 4. This variance is in conflict with natural hazards goals, policies, and/or implementation actions in the 2008 Comprehensive Plan. 5. The special conditions from which relief is being sought are a matter of technological and geographic constraints. The applicant's request to construct a tower that exceeds the building height limit is an effort to overcome these conditions. (#5) 6. Construction of a sixty-seven (67) foot cell tower would be consistent with permitted uses and infrastructure within the B -Business zone. Page 1 of 2 Appeal Filed on August 25, 2016 Page 28 of 238 AGENDA ITEM #9.6. Chapter 17.195.090 KIBC — Appeals states: An appeal of this decision may be initiated by; 1) the applicant, or 2) any person or party aggrieved, by filing a written notice of appeal with the Borough Clerk within ten (10) calendar days of the Commission's decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and accompanied by the appropriate appeal fee. Therefore, the Commission's decision will not be final and effective until ten (10) calendar days following the decision. For more information on the appeal process please contact the Borough Clerk's Office at 486-9310. If you have any questions about the action of the Commission, please contact the Community Development Department at 486-9363. Sinc ely, Sara Mason, Director Community Development Department CC: Nova Javier, Borough Clerk Planning and Zoning Commission Page 2 of 2 Page 29 of 238 Appeal Filed on August 25, 2016 AGENDA ITEM #1.b. Notice of Appeal of Variance Request P & Z Case No. 16-010 Attachment —Grounds of Error Background: The Commission's first and second Findings of Fad, taken together with substantial evidence contained in the record, clearly establish that the decision by the Commission prevents the Applicant from closing a significant gap in its service coverage. As such, the decision serves to effectively prohibit the provision of wireless services under Federal law. Similarly, the Commission's fifth Finding of Fact, taken together with substantial evidence contained in the record, clearly establishes that the technological and geographic constraints, which cause the significant gap in service coverage, can be overcome by granting the variance. Finally, the Commission's sixth Finding of Fact, taken together with substantial evidence contained in the record, clearly establishes that the decision by the Commission treats Applicant's tower application differently from similarly situated towers within the Borough. As such, the decision unreasonably discriminates among providers of substantially equivalent services under Federal law. As a result, the Applicant appeals the Commission's recent decision in Case No. 16-010. The appeal centers on the Commission's errors in applying applicable law and its unsubstantiated findings of fad and conclusions of law. Errors in Application of Law: 1. The Commission's third Finding of Fad is based upon impermissible extensions or erroneous interpretations of the applicable Borough Ordinance(s), as a matter of law. The finding states:„ Failure of the tower could adversely impact public health, safety, and welfare due to the small lot sizes and proximity of the lease area to nearby parcels, and could result in material damage or prejudice to other properties, as the fall radius extends across two adjacent lots.” There are no requirements regarding fall radius contained in the Borough Ordinances. The Borough may not, as a matter of law, justify a denial on Applicant's failure to meet criteria that do not exist under applicable ordinances. 2. The Commission's interpretation and application of the "substantial evidence" and "burden of proof' standards imposed by the applicable ordinances and Federal and State law are erroneous as a matter of law. For instance, substantial evidence as to tower design standards does not require the analysis and consideration of dissimilar conditions or sites, as such requirement would be never-ending. Further, burden of proof standards do not require an applicant to pre-emptively refute every possible failure scenario. Rather the burden of proof requires the Applicant to provide a prima facie showing of adequacy and compliance with applicable State and Federal standards, then the burden shifts allowing for substantive questions, which the Applicant must be allowed to refute. 3. The Commission's consideration of additional evidence, after the public hearing closed and without providing the Applicant notice and an opportunity to be heard, violates due process of law. Page 30 of 238 Appeal Filed on August 25, 2016 AGENDA ITEM #1.b. 4. The Commission's denial, even if based upon valid interpretations of otherwise applicable ordinances and/or substantial evidence thereunder, violates Federal law as it: a.) prohibits the applicant from closing an admitted and significant gap in service coverage; b.) unreasonably discriminates among providers of functionally equivalent services; and/or c.) was not rendered within a reasonable period of time. Findings and Conclusion Unsupported by Substantial Evidence: 1. The Commission's third finding and conclusion is not supported by substantial evidence as required by Federal law. The Commission's third finding and conclusion states: "Failure of the tower could adversely impact public health, safety, and welfare due to the small lot sizes and proximity of the lease area to nearby parcels, and could result in material damage or prejudice to other properties, as the fall radius extends across two adjacent lots." This finding cannot justify the denial as (a) applicable Borough Ordinances do not require the Applicant to meet the purported criteria and (b) the findings are not supported by substantial evidence sufficient to rebut the factual record and prima facie case developed by the Applicant as to salient and applicable facts required by valid ordinance and Federal law. Also the Commission's findings are tainted by additional evidence introduced by the Commission—and improperly relied upon— after the public hearing closed. The Applicant could have conclusively rebutted the additional evidence if the evidence had been properly introduced during the public hearing. 2. The Commission's fourth generalized finding and conclusion, which is unjustifiably used as a second purported finding that the Applicant failed to meet Its burden of proof, is not supported by substantial evidence. The finding states: 'This variance is in conflict with natural hazards, goals, policies, and/or implementation actions in the 2008 Comprehensive plan." The Commission fails to state specific factual findings or citations supporting this generalized conclusion, and any implied finding as to the burden of proof is not supported by substantial evidence sufficient to rebut the factual record and prima facie case developed by the Applicant as to salient and applicable facts and requirements of the Plan. 2 Page 31 of 238 Appeal Filed on August 25, 2016 App.a. I ..UU.L �.. � Printed hv: Tnrana Medina Paan. 1 of 1 OR/2E/2018 03.51:29 PM PAYMENT DATE 08/25/2016 COLLECTION STATION CASHIER RECEIVED FROM MILL BAY LLC DESCRIPTION STOSHANDERSON Kodiak Island Borough 710 Mill Bay Rd. Kodiak, AK 99515 AGENDA ITEM #9.b. BATCH NO. 2017-00000082 RECEIPT NO. 2017-00000223 CASHIER Teresa Medina August 23, 2016 Mr. Dave Baker Alaska Wireless Network 6831 Arctic Blvd. Anchorage, AK 99518 AGENDA ITEM #2.a. Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiak.ak.us Re: Case 16-010. Request a Variance to construct a 67' tall telecommunications tower that exceeds the B -Business zoning 50' building height limit by 17' on Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 and 17.90.040). Dear Mr. Baker: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on July 13, 2016, denied your request for a variance as stated above, and adopted Findings of Fact in support of the denial at their August 17, 2016 regular meeting. The Commission adopted the following findings of fact in support of their decision: FINDINGS OF FACT 1. To eliminate coverage gaps, a telecommunications tower must be located within the radio frequency search ring. 2. The strict application of the B -Business zoning fifty (50) foot building height limit would prohibit AWN's ability to eliminate a service gap. 3. Failure of the tower could adversely impact public health, safety, and welfare due to the small lot sizes and proximity of the lease area to nearby parcels, and could result in material damage or prejudice to other properties, as the fall radius extends across two adjacent lots. 4. This variance is in conflict with natural hazards goals, policies, and/or implementation actions in the 2008 Comprehensive Plan. 5. The special conditions from which relief is being sought are a matter of technological and geographic constraints. The applicant's request to construct a tower that exceeds the building height limit is an effort to overcome these conditions. (#5) 6. Construction of a sixty-seven (67) foot cell tower would be consistent with permitted uses and infrastructure within the B -Business zone. Page 1 of 2 Page 35 of 238 CDD letter to the applicant informing them that P&Z had adop... AGENDA ITEM #2.a. Chapter 17.195.090 KIBC — Appeals states: An appeal of this decision may be initiated by; 1) the applicant, or 2) any person or party aggrieved, by filing a written notice of appeal with the Borough Clerk within ten (10) calendar days of the Commission's decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and accompanied by the appropriate appeal fee. Therefore, the Commission's decision will not be final and effective until ten (10) calendar days following the decision. For more information on the appeal process please contact the Borough Clerk's Office at 486-9310. If you have any questions about the action of the Commission, please contact the Community Development Department at 486-9363. Sinc ely, Sara Mason, Director Community Development Department CC: Nova Javier, Borough Clerk Planning and Zoning Commission Page 2 of 2 Page 36 of 238 CDD letter to the applicant informing them that P&Z had adop... .yvPNo eaQOGc Y1 0 O F L ALASKA FINDINGS OF FACT (KIBC 17.195.050) AGENDA ITEM #2.b. Findings of Fact Case No. 16-010 (Presented by staff at meeting) 1. To eliminate coverage gaps, a telecommunications tower must be located within the radio frequency search ring. 2. The strict application of the B -Business zoning fifty (50) foot building height limit would prohibit AWN's ability to eliminate a service gap. 3. Failure of the tower could adversely impact public health, safety, and welfare due to the small lot sizes and proximity of the lease area to nearby parcels, and could result in material damage or prejudice to other properties, as the fall radius extends across two adjacent lots. 4. This variance is in conflict with natural hazards goals, policies, and/or implementation actions in the 2008 Comprehensive Plan. 5. The special conditions from which relief is being sought are a matter of technological and geographic constraints. The applicant's request to construct a tower that exceeds the building height limit is an effort to overcome these conditions. 6. Construction of a sixty-seven (67) foot cell tower would be consistent with permitted uses and infrastructure within the B -Business zone. Case No. 16-010 Findings of Fact Page 37 of 238 Old Business packet from the August 17, 2016 Regular Meeting AGENDA ITEM N.6. Case 16-010. Request a Variance to construct a 67' tall telecommunications tower that exceeds the B - Business zoning 50' building height limit by 17' on Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 and 17.90.040). The application is Alaska Wireless Network and the agent is New Horizons Telecom, Inc. The location is 1812 Mill Bay Road and the zoning is B -Business. Finding of Facts for our vote no on the variance: For an approval, If the findings of the commission, after consideration of the investigator's report and receipt of testimony at the public hearing, that the use proposed in the applications, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted. For the reasons listed below it does not: 3. That granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare; A) Telecommunications act of 1996 preserves local zoning authority to reasonable regulate wireless communication facilities. Encourage users of towers & antennas to locate them to the extent possible in areas where adverse impact on community is minimal. This location would adversely impact surrounding lots. B) There was a 2 story building (approx 18-20 years ago) on Mill bay across the street from the applicant that had its roof torn off due to extreme winds. In a separate incident October 26, 2011 the roof was ripped from Thompson Transfer ( 3 lots from applicant) that damaged a power pole and left Mill bay without electricity for most of the day (attachment 1). C) Causes prejudice to property owner of adjacent lot that will affect their ability to get insurance on structures once they decide to build. 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; Chapter 10, page 30 of the Kodiak Comprehensive Plan (01/2008) Listed Goals, Policies & Implementation Actions. Policy: work with property owners and developers to determine the best use of hazard -prone lands. Implementation Actions: Take into account available data concerning seismic, tsunami, avalanche, erosion, slope instability, flood and wind hazards prior to approval of development and incorporate appropriate development criteria into local land use regulation in order to minimize the impact of the hazards. Telecommunications act of 1996 preserves local zoning authority to reasonable regulate wireless communication facilities. Encourage users of towers & antennas to locate them to the extent possible in areas where adverse impact on community is minimal. It's our belief this location would adversely impacts surrounding lots. pogem 8f iso 0ht13CigrWa 0AjdW rnafi Hil *Lg)3lef FAa[H 6dopgdlaf kronting AGENDA ITEM #8.6. 5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and that granting the variance will not permit a prohibited land use in the district involved. Stated in public comments, the adjacent land owner stated (July 13, 2016 at approx 1848 hrs) that when he/she develops the adjacent lot that restrictions may apply and there insurance premiums would reflect negatively do to the possible hazard of the fall down radius. We are not denying the land owner use of their property; we only denied the request for a Variance due to the findings of the commission, after consideration of the investigator's report and receipt of testimony at the public hearing, that it cannot make all of the required findings in subsection A of this section it shall deny the variance (17.66.050) Jay Baldwin, Greg Spalinger, Scott Arndt P008633i sf �Rj Okh8d&W& Oatcfpt dnxd FWdhgplef IFbrl(H SdMxjdmF Meeting July 17, 2016 Mr. Dave Baker Alaska Wireless Network 6831 Arctic Blvd. Anchorage, AK 99518 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 www.kodiakak.us Re: Case 16.010. Request a Variance to construct a 67' tall telecommunications tower that exceeds the B -Business zoning 50' building height limit by 17' on Lot 3, Block 4, Airpark Subdivision (KIBC 17.195.040). Dear Mr. Baker: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on July 13, 2016 denied the request reference above and the commission will adopt Findings of Fact in support of their denial at their August 17, 2016 regular meeting. If you have any questions regarding the Commission's actions please contact the Community Development Department at 496-9363. Sincerely, Sheila Smith Secretary CC: Nova Javier, Borough Clerk Planning & Zoning Commission .,w.s AGENDA ITEM #2.c. CHAIR ARNDT said it would have been nice to see the access easement that is there for the two lots, and it would be prudent to get the driveway permit again since that was a condition. He would like to see where exactly that easement exists on the lot, and he would like to see the new driveway permit is in hand before moving forward. Close public hearing: COMMISSIONER BALDWIN MOVED to postpone Case 17-006 until the September 21, 2016 regular meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY N. CASE 17-007. Request a Title 18 Land Disposal review to consider disposal of Lot 3, Lake Orbin Subdivision (Chapter 18.20 KIBC). The intent of this request is to offer this parcel for sale to the public at a future Borough land sale. The applicant is the Kodiak Island Borough, and the agent is the KIB Resource Management Officer. The location is 11799 Kalsin Drive, and the zoning is RR1-Rural Residential One. COMMISSIONER SPALINGER MOVED to adopt Planning and Zoning Commission Resolution No. FY 2017-08, recommending disposal of Lot 3, Lake Orbin Subdivision and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 17-007. Mason reported Lot 3 of Lake Orbin Subdivision has been identified again by the Lands Committee as land potentially surplus to public need and like the other parcels we discussed this land was also approved for disposal in 2001 in Resolution 2001-02. It had not yet been subdivided so it was identified in that resolution as Tract H and a portion of Tract G or proposed Tract H1. It already has a future land use designation as Rural Residential and it was already rezoned to RR1 but again given the length of time since the parcel last was approved for disposal the Lands Committee thought it appropriate to revisit this parcel. Staff recommends approval of this request. Open public hearing: Duane Dvorak, agent, stated this is another parcel that had been on a disposal once before. It is properly zoned and consistent with the Comp Plan but all of these parcels you are reviewing tonight come from the same disposal resolution. Fifteen years ago it was identified for disposal, it was rezoned, and subdivided. There was a three lot subdivision, four lots if you consider the remainder that we are maintaining. Two of the lots have since been sold but this lot was held back because it didn't perk. We would need to disclose that whoever buys this lot would have to install an engineered septic system. The purpose of this request is just to revisit the disposal. It is surplus to public need and is ready to go other than the disclosure of the need for an onsite engineered septic system. Close public hearing: FINDINGS OF FACT 1. The subject parcel is surplus to the public's need and, as such, is suitable for disposal by the Borough. 2. Developable residential lots are a known need throughout the Borough. This disposal will provide one lot that will assist in satisfying that need. 3. This disposal is supported by various land use and housing goals, policies, and implementation actions identified in the adopted Comprehensive Plan. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS A. Case 16-010. Adoption of Findings of Fact in support of the Commission's denial of a variance to construct a 67' tall telecommunications tower that exceeds the B -Business Kodiak Island Borough Planning & Zoning Cosn i es August 17, 2016 agse i $1 fj$s Applicable draft meeting minutes from the August 17, 2016 Re... AGENDA ITEM #2.c. zoning 50' building height limit by 17' on Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 and 17.90.040). COMMISSIONER BALDWIN MOVED to adopt the Findings of Fact in support of the Commission's denial for Case 16-010 requesting a variance to construct a 67' tall telecommunications tower that exceeds the Business zoning district 50' building height limit by 17' on Lot 3, Block 4, Airpark Subdivision. Mason stated what is in your packet is what was provided by COMMISSIONER BALDWIN to support the denial of the Variance. With this information in mind staff developed modified findings of fact. Some are the same as in the original staff report but the code says in order for a variance to be granted all six standards need to be met, and based on what was provided by the prevailing side that is not the case in the view of the commission. The first two are the same, #3 has been modified based on input from the prevailing side, as has #4. The other two, #5 & 6 were both part of prior findings of fact, they just weren't numbered so she provided this as a word document so you could have discussion and if you come to a consensus on these findings of fact we could amend by substitution to adopt these findings. CHAIR ARNDT stated what staff is trying to do is provide us with a format that potentially in going to the assembly agrees with us and they choose to go to court this is a standard used in trying to deal with these things and not start from ground zero. We also have what COMMISSIONER BALDWIN provided giving the background information and Mason said that is part of the packet. COMMISSIONER BALDWIN MOVED to amend by substitution the findings of fact provided by staff as proposed. FINDINGS OF FACT land use district; To eliminate coverage gaps, a telecommunications tower must be located within the radio frequency search ring. The strict application of the B -Business zoning fifty (50) foot building height limit would prohibit AWN's ability to eliminate a service gap. Failure of the tower could adversely impact public health, safety, and welfare due to the small lot sizes and proximity of the lease area to nearby parcels, and could result in material damage or prejudice to other properties, as the fall radius extends across two adjacent lots. 4 That the granting of the variance will not be contrary to the objectives of the comprehensive plan: This variance is in conflict with natural hazards goals, policies, and/or implementation actions in the 2008 Comprehensive Plan. The special conditions from which relief is being sought are a matter of technological and geographic constraints. The applicant's request to construct a tower that exceeds the building height limit is an effort to overcome these conditions. Construction of a sixty-seven (67) foot cell tower would be consistent with permitted uses and infrastructure within the B -Business zone. Kodiak Island Borough Planning & Zoning Congnigsssiw 1ples August 17, 2016 Applicable draft meeting minutes from the August 17, 2016 Re... AGENDA ITEM #2.c. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY NEW BUSINESS None COMMUNICATIONS A. July Planning and Zoning Commission Case Results Letters B. Code Enforcement C. Case 17-001 Application Returned Letter 7/6/2016 COMMISSIONER SPALINGER MOVED to acknowledge receipt of communications. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A. Meeting Schedule: • September 14, 2016 Work Session -6:30 p.m. -Borough Conference Room • September 21, 2016 Regular Meeting -6:30 p.m. -Assembly Chambers B. Abbreviated & Final Approvals — Subdivisions COMMISSIONER BALDWIN MOVED to acknowledge receipt of reports. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY STAFF COMMENTS Director Mason requested that the commission consider moving the December regular meeting on December 21" to December 14, 2016 and move the work session from December 14`h to December 7, 2016. The Marijuana Task Force has had two meetings so far and land use issues are a recurring theme do there's a chance that at some point that they may want some Planning and Zoning Commissioners present or they may want to put something on a work session agenda as a discussion topic outside of our packet review. Maker stated he attended last week's City Council Work Session to listen in on DOWL's presentation on where they are at with the Near Island Plan. They are in the process of actually coming up with a draft plan that will be put out for comments. It will most likely come through the assembly to be adopted and incorporated into the Comp Plan due to future land use designations and so forth. CITIZENS' COMMENTS (Limited to three minutes per speaker.) Agenda Items not scheduled for public hearing and general comments. Local phone number is 486-3231; Toll Free is 1-855-492-9202. Les James asked if the next work session is September 14'. CHAIR ARNDT stated yes, but because it is a public hearing case, there is not any public testimony at the work session. He encouraged James to come testify because there will three opportunities with the three separate cases for that parcel before it goes to the assembly where there will be another opportunity to give public testimony. CHAIR ARNDT also stated that COMMISSIONER SPALINGER knows where the parcel is, he was speaking to the relocation of the ballpark. COMMISSIONER COMMENTS Jay Baldwin thanked staff for taking the time and patience for helping him go through one of the cases. Scott Arndt said he had a compliment that was given that had to do with a replat where Director Mason allowed staff to go look at what the surveyor had because it helped to expedite things Kodiak Island Borough Planning & Zoning Cononissiiz i es August 17, 2016 age VPI 5 Applicable draft meeting minutes from the August 17, 2016 Re... AGENDA ITEM #2.d. Kodiak Island Borough * * Community Development Department 710 Mill Bay Road r Kodiak, Alaska 99615 x` Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us July 17, 2016 Mr. Dave Baker Alaska Wireless Network 6831 Arctic Blvd. Anchorage, AK 99518 Re: Case 16-010. Request a Variance to construct a 67' tall telecommunications tower that exceeds the B -Business zoning 50' building height limit by 17' on Lot 3, Block 4, Airpark Subdivision (KIBC 17.195.040). Dear Mr. Baker: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on July 13, 2016 denied the request reference above and the commission will adopt Findings of Fact in support of their denial at their August 17, 2016 regular meeting. If you have any questions regarding the Commission's actions please contact the Community Development Department at 496-9363. Sincerely, Sheila Smith Secretary CC: Nova Javier, Borough Clerk Planning & Zoning Commission Page 45 of 238 CDD letter to the applicant informing them that P&Z had deni... AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JULY 13. 2016 KIB Location & Zoning Map wE s r r ,N m r •senor i a • Benson Drive Ira ,Barupade& i :Road o ate.' .�ark One � y r6 04q Haved rho°; t�V, •` Lad','- `�^I' 5(rae �o S �C,'He°1°•Z>9A� . � 'fid'' Subject Parcel ti, S„ �-•Avenue`,. �:sSF9'�' Zoning Legend Public Use Lands 0 Rural Residential 1 Multi Family Residential - Light Industrial Q Watershed ® Rural Residential 2 I Business 0 Rural Neighborhood Commercial Conservation 0 Single Family Residential (] Retail Business Urban Neighborhood Commercial 0 Rural Residential 0 Two Family Residential Industrial 0 Natural Use Ko Iak lslarM Borough GIS Community Development Department =—=Access Roads hitp://wwx.katliakakuslgis (W7)4B6-9337T nuy h pouted W W.I.uW�W.e WyaMknd Lsondod for eny legal repesenlelbrts. `J Bnwnstruded Rght of ways Case No. 16-010 Introduction CASE: PORORPUM 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z. a. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 N KIB Image Overlay Map ZZ wB bz1 k ON WW7�-�\\41 Image Overlay //y/�N F. e Subject Parcel we o us 2304m s Nodlak Island Soroaph GIS community u•vmpmem vepartmem I hnpl/wxw.kodiaMakus/gis l9e11486 9337 and kropyse,ieee a W h9ap ecsur�iations. Case Na. 16-010 Introduction 16-010 (Postponed from the June 15, 2016 meeting) PF��OAPUHg Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.a. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION Case No. 16-010. A variance to construct a 67' tall cellular communications tower that exceeds the B -Business zoning district 50' building height limit on Lot 3, Block 4, Airpark Subdivision KIBC 17.195 and 17.90.040). DATE: June 21, 2016 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the April 20, 2016 Regular Meeting APPLICANT: Alaska Wireless Network AGENT: New Horizons Telecom, Inc. LOCATION: 1812 Mill Bay Road LEGAL DSC: Airpark Subdivision, Block 4, Lot 3 ZONING: B -Business STAFF COMMENTS At the April 20, 2016 Planning & Zoning Commission Regular Meeting, the Commission voted to postpone Case No. 16-010. In preparation for the July 13, 2016 meeting the applicant has provided additional information for the Commission's consideration and contains the following: • Additional background information on locating a tower site within the search ring area • Design standards and information on tower failure • Information on frequency interference • Updated photo simulation plan view • Revised FCC Antenna Structure Registration • Revised FAA Determination of no Hazard to Air Navigation After review of this documentation, staffs recommendation remains unchanged. RECOMMENDATION Staff recommends this variance be granted with no conditions. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is Move to grant a variance, per KIBC 17.195 and 17.90.040, to construct a sixty- seven (67) foot tall cellular communications tower that exceeds the B -Business zoning district fifty (50) foot building height limit by seventeen (17) feet on a leased site located at 1812 Mill Bay Road (Airpark Subdivision, Block 3, Lot 4), and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-010. FINDINGS OF FACT (KIBC 17.195.050) Case No. 16-010 Supplemental Staff Report and Recommendation CASE: POSBAVO� 350 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z. a. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JULY 13, 2016 1. To eliminate coverage gaps, a telecommunications tower must be located within the radio frequency search ring. 2. The strict application of the B -Business zoning fifty (50) foot building height limit would prohibit AWN's ability to eliminate a service gap. 3. Construction of a tower on the subject property will enhance public health, safety, and welfare by improving cellular communications in the immediate vicinity. 4. Construction of a 67' tall tower would be consistent with permitted uses and infrastructure within the B -Business zone and thus would not result in material damage or prejudice to other properties in the vicinity. 5. This variance is consistent with various land use and economic goals in the 2008 Comprehensive Plan. 6. The special conditions from which relief is being sought are a matter of technological and geographic constraints. The applicant's request to construct a tower that exceeds the building height limit is an effort to overcome these conditions and provide better cellular service to the community of Kodiak. The site in question is one of the few appropriately zoned properties in the identified search ring and the company has been unsuccessful in securing a lease for other possible sites. Case No. 16-010 Supplemental Staff Report and Recommendation 16-010 (Postponed from the June 15, 2016 meeting) Pogg-8u350 Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #2.9. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JULY 13, 2016 AWN .. Alaska Wireless Network June 10, 2016 To: Kodiak island Borough Community Development Department Arm Sara Mason 710 Mill Bay Road Room 205 Kodiak, AK 99615 Re : Federal "Sha Clock" Deadline for Consideration of Variance Application KIBC 17.195; Request for Special Meeting Dear Ms. Mason, 1 write to address a pressing federal law issue concerning AWNs application for a variance for construction of sixty-seven foot (6T) telecommunications facility on lot Three (4), Block Four (4), Airpark Subdivision No. 1, located within the Kodiak Island Borough (the "Project Pursuant to the Telecommunications Act of 1996, 47 U.S.C. S 332(c)(7)(B)(ii), "[a] State or local government or instrumentality shall act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time after the request is duly filed with such government or instrumentality, tatting into account the nature and scope of such request" The Federal Communications Commission (FCC) has subsequently established that one hundred and fifty (150) days is the presumptively reasonable time period for consideration and action on a siting application. Seegmnally In the Matter of Petition for Declaratory Ruling to Clarify Provisions of Section 332(c)(7)(B) to Ensure Timely Siting Review and to Preempt under Section 253 State and focal Ordinances that Classify All Wireless Siting Proposals as Requiring a Variance, WT Docket No. 08-165, Declaratory Ruling, 24 FCC Red 13994 (2009) (Ruling). The FCC has further concluded that a failure to act on a permitting request within 150 days "presumptively constitutes a failure to act under Section 332(c)(7)(B)(v)" which entitles the applicant to seek federal judicial relief within thirty (30) days. Id The presumptively reasonable time frame established by the FCC begins to run "when an application is first submitted not when it is deemed complete." In the Matter of Acceleration of Broadband Deployment by Improving Winless Facilities Siting Policies, WT Docket No. 13-238, Report and Order (October 21, 2014). A municipality may toll the 150 day "shot clock" time frame only if it notifies an applicant that an application is incomplete within the first thirty (30) days after submission, and then only if the municipality's request for additional information includes "the code provision, ordinance, application instruction, or otherwise publically-stated procedures that require the information to be submitted" Id R these criteria are met, the shot dock timeline is tolled by the duration of time that an applicant requires to provide the requested additional information. Id AWNS application for a variance for the Project was submitted on January 4, 2016. AWN has subsequently submitted various updates to the Project scope and other pieces of information requested by staff and the Borough Planning Commission. Specifically, AWN has updated the proposed location of the Project, requiring an update to its Antenna Structure Registration with the FCC, and has responded to several questions of the Commission regarding tower structural failure. While AWN has been happy 2550 Denali Street • Suite 1000 • Anchorage, Alaska 99503-2753 • 907-868-5600 Case No 16-010 Supplemental Staff Report and Recommendation CASE: Pog6A ' R10 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #2.e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 JA AWN Alaska Wireless Network to respond to Commission concerns, and to propose an alternate location within the property to address Commission requirements, none of these issues or questions have been rooted in the Kodiak Island Borough Code or any other application instruction or publically-sorted procedure. As such, the time taken to respond to these additional requests has not tolled the 150 day shot clock for consideration of AWNS application. AWNS variance request was originally slated for hearing at the February meeting of the Commission. This meeting was continued for lack of quorum. AWNS variance was then further continued to the April meeting of the Commission because staff required additional time to respond to site plan changes which were submitted in response to Commission concerns about tower 'tipover" radius. These concerns were not turned in Borough Code or any other application instruction or publically-stated procedure. in April, the Commission elected to continue AWNS application for two months, until the June meeting, awaiting submission of an updated Antenna Structure Registration for the Project. As discussed with staff at the time, an accurate Antenna Structure Registration is not a requirement for a variance application under Borough Code or any other application instruction or publically-stated procedure AWN requested a shorter extension, to the May meeting, and this request was denied by the Commission. The Commission's June meeting has now been continued until July for lack of quorum. Pursuant to federal law, the shot clock for the Borough's consideration of AWNS variance application expired June 2, 2016,150 days from the date the application was submitted, and AWN may seek recourse in the federal courts to compel action on the application on or before July 5, 2016. While AWN would prefer not to take judicial action to compel the Borough to consider its application, AWN is also concerned with foregoing the right to judicial recourse in the event the Borough continues to fail to move to a decision on the variance application. To address this situation, and prevent this from escalating to any sort of litigation, at this time AWN would like to propose the following solution: (1) With the agreement of the Borough, AWN will consent to an extension of the 150 shot clock to July 14d% 2016, to allow the Borough Planning and Zoning Commission to consider AWNS application on July 13's and issue a decision. The FCC has conclusively stated that the shot clock can be extended by mutual consent, and that in such instances the commencement of the 30 -day period for Bang suit will be tolled WT Docket No. 08-165, Declaratory Ruling, 24 FCC Red 13994 (2009) (Ruling), at 9 49. (2) If the Planning and Zoning Commission is again unable to meet in July for lack of quorum or any other reason, AWN requests that the Commission agree to hold a special meeting during the month of July to consider AWNs application. AWN will agree to an additional extension of the shot clock through July 31, 2016, to allow such a special meeting to be properly noticed and held AWN is hopeful that this proposed plan will allow for a timely decision in the case referenced above, as needed for AWN to proceed with project plans during the 2016 build season and as required by federal law, while also accommodating the reality of quorum challenges facing the Commission. Please let me know if the Borough is amenable to this solution. if you would like to discuss in greater depth I am happy to do so at your convenience. 2550 Denali Street • Suite 1000 • Anchorage, Alaska 99503-2751 • 907-868-5600 Case No 16-010 Supplemental Staff Report and Recommendation 16-010 (Postponed from the June 15, 2016 meeting) PMAAR50 Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #2.e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 AWN .. Alaska Wireless Network Sincerely, Becky Windt Pearson Corporate & Land Use Counsel GCI - Legal/Regulatory Department Phone 907-868-5629 Email: nvindtpearson@gci.com 2550 Denali Street • Suite 1000 • Anchorage, Alaska 99503-2751 • 907-868-5600 Case No 16-010 Supplemental Staff Report and Rewmmendation CASE: POSVOTWIR 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 PBZ Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JULY 13, 2016 AA AWN Alaska Wireless Network June 16, 2016 Kodiak Island Borough Community Development Department 710 Mill Bay Rd. Rm 205 Kodiak, AK 99615 RE: Variance Application KIBC 17.195—Supplemental Alaska Wireless Network (AWN) is proposing construction of a sixty-seven foot (67') telecommunications facility on Lot Three (3), Block Four (4) Airpark Subdivision No 1, located in the Kodiak Island Borough. Construction of this tower will fill a documented significant gap in cellular communications and wireless broadband to the surrounding area. The proposed tower is located on a parcel of business zoned land, where cell towers have been consistently permitted by the Borough pursuant to KIBC 17.90.020.EE. The tower exceeds the maximum building height permitting in the business district (50'). by seventeen (17') feet and requires a variance for construction. The attached narrative provides supplemental information to the original application submitted January 4, 2016. In response to questions raised by the Borough Planning and Zoning Commission, this submission includes additional background narrative on the attempts to locate a site in the search ring area, tower failure concerns and narrative regarding ANSI/EIA/TIA-222-G design standards, frequency interference, a corrected photo sim plan view to show current site placement, and the revised FCC Antenna Structure Registration. Should the Planning and Zoning Commission have any questions regarding this project, please contact us at the information below. Sincerely, Sherrie Greenshields New Horizons Telecom, Inc. SGreenshields@nhtiusa.com 907-761-6000 Becky Windt Pearson GCI Corporate and Land Use Counsel rwindtpearson@gci.com 907-868-5629 Case No. 16010 Supplemental Staff Repoli and Recommendation 16-010 (Postponed from the June 15, 2016 meeting) P098��40U N Case packet from the July 13, 2016 PBZ Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 A ..WN Alaska Wireless Network Variance Application Supplemental May 2016 Lot Three (3), Block Four (4) Airpark Subdivision No 1 Kodiak, AK Case No. 16-010 Supplemental Staff Report and Recommendation CASE: Poset?1 o� R51 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13. 2016 1.0 Search Ring—Site Selection History This section responds to Planning and Zoning Commission questions regarding alternate sites considered by AWN for a tower structure. As set forth in AWN's initial application materials, the area of Kodiak in the vicinity of the Kodiak Hospital is characterized by inconsistent AWN voice and data coverage, resulting in a significant gap in coverage for the AWN system. Figures 1 and 2 in AWN's initial application depict the extent of this coverage gap. In 2014 AWN engineers used computer modeling to identify the below search ring for sites which would be technically feasible locations for a tower providing the requisite service to fill AWN's significant gap in service. AWN representatives then proceeded to work to identify a reasonable candidate site within the search ring radius. The following image depicts zoning in the search ring area: Case No. 16-010 Supplemental Staff Report and Recommendation 16-010 (Postponed from the June 15, 2016 meeting) Pogeaduml Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z. a. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 Kc�iak Island Borough GIS WeMBs ® banif¢ct. W. W r+o� X.nwea ✓�ms,utn, ®RYcwowa.IW,q MiF'V .u4lu,tmam>.w i�'�-a �.e ®(r UHLFbT! 'W.+W ��TXVFi "a"IasmYMY� Significant swaths of the area within the search ring are zoned residential (R3, R2, or R3). In these areas, tower construction is not permitted. As a best practice, and to mitigate community impact, AWN also generally attempts to avoid building within or immediately adjacent to residential areas. During review of zoning regulations, attempts were first made to locate a cell site facility on PL parcels (Public Use Lands District), which includes utilities as an allowable use. These areas Included the large parcel for the Kodiak Hospital, the Cemetery, and City Park located north of 17 Avenue and West of Bartel Avenue. The KIB Community Development Department reviewed proposed sites and assisted with communications with Kodiak Hospital management, but ultimately AWN was unable to obtain permission to locate on PL parcels within the search ring. Another alternate location considered was the Women's American Baptist Mission just south of E. Rezanof Drive. The zoning for this parcel allows utility installations but again AWN was unable to secure permission to locate on the parcel. Discussions with Robert Pederson, Director, Community Development, indicated a viable option was to locate on business zoned parcels pursuant to KIBC 17.90.020.EE (permitting "radio station" use in the Business District). AWN understands that this has been a consistent past practice in the Borough. In reviewing business zoned properties, the area to the north of Mill Bay Road encroaches on airspace restrictions due to existing float plane use on Lilly Lake and the air strip. This part of the search ring is not viable for siting of a tower due to height restrictions which are too low to permit AWN to fill Its existing coverage gap. The business - zoned parcels in the southern portion of the search ring area, south of Rezanof Drive and adjacent to the water, also present height Issues for tower siting. The topography in this area slopes down significantly, and a tower in this area would thus need to be significantly taller than 100 feet to fill AWN's coverage gaps further upland, yielding impacts for adjacent residential properties and potential FAA concerns. Based upon this analysis, AWN ruled out these properties as an option for construction. Case No. 16-010 Supplemental Staff Report and Recommendation CASE: Pog8aptl Li§ 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 Taking all of the limitations discussed above into account, AWN identified business parcels south of Mill Bay Road as the sole viable location for a tower meeting its coverage needs. AWN reached out to approximately eight property owners along Mill Bay Road located within the search ring via mailings and phone calls. We were able to secure a lease with the owner of Lot Three (3), Block Four (4), Airpark Subdivision No 1, Kodiak, AK. Due to the height of the proposed tower, AWN needs a variance for placement on the lot. Initially, the site was placed in the southwest corner of the lot. During the February 10, 2016 Planning and Zoning Commission working session a Commission member mentioned a concerns with the "tipover radius" surrounding the tower since there is a home on the adjacent lot, a grandfathered, preexisting nonconforming use in the Business Zone. The Feb 17 2016 Planning and Zoning Commission public meeting was cancelled due to no quorum. Standards for issuance of a variance are set by Chapter 17.195 of the Kodiak Island Borough Code, and do not include minimum spacing equivalent to the height of any new structure. There is no "tipover radius" provided for wireless towers elsewhere in the Code, nor has the Borough imposed this requirement on any other previously permitted structures. Pursuant to the Telecommunications Act of 1996, the Borough is prohibited from discriminating in the application of Its regulations between projects proposed by different providers. 47 U.S.C. 332(c)(7). That said, AWN understands the concern raised by the Planning and Zoning Commission, specifically with respect to the preexisting nonconforming home on the lot adjacent to the tower site. Thus, in response to the concerns addressed, AWN worked with the landowner of Lot Three, Block Four to move the facility to the SE corner of the lot. This location is places the existing home well outside of the "tipover radius" of the proposed tower structure, and no other permanent structures are within sixty seven feet (67') of the new tower location. The new location meets all setback requirements of the underlying Business Zone, and the tower will have no greater impact on adjoining properties than any other permitted structure on the site. Due to the site location changing, the FCC Antenna Structure Registration has been revised. This document is included as an attachment to this supplemental. In sum, AWN has been attempting to locate a reasonably available, technically feasible tower site within this area of Kodiak since early 2014. Due to the constraints of airspace restrictions, zoning, and close proximity to residential areas, available sites which meet AWN's technical requirements are very limited in this area. We believe we have selected the least intrusive site which is most optimal for both AWN service improvements in the significant gap and KIB considerations. 2.0 Tower Failures in Alaska and ANSI/EIA/TIA-222-G Design Standards This section responds to Planning and Zoning Commission concerns about previous tower failure in the state of Alaska and the engineering standards applicable to tower structures. Tower failures in Alaska are extremely rare. In October 2013 a guyed tower owned by AT&T collapsed in the Willow -Fishhook Road are in the Matanuska Valley. This tower was constructed in 1974 and the collapse was due to high winds with gust of 110 mph combined with rain -soaked soils. During the same extreme weather event, there was an additional report in the media of two 199 foot meteorological towers falling on Bald Mountain Ridge behind Wasilla. Frank Knapp is the landowner of the communication site were this tower failure occurred. Mr. Case No. 16-010 Supplemental Staff Report and Recommendation 16-010 (Postponed from the June 15, 2016 meeting) P026AARI§ Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 Knapp clarified one tower collapsed not two, and that the collapsed guyed tower was temporary and not constructed to standards. Neither AWN nor GCI has ever in its history had a tower fall. When the AT&T tower was built in 1974, the standard for tower construction was EIA specification RS -222-B. The first standard for antenna supporting structures and antennas was published in 1959, EIA RS -222, which delineated the nation Into three wind uniform pressure zones: A, B and C. Wind loading was considered over the full structure however icing was not considered. The standard at this time was that "ice coatings are not specifically stated as icing seldom occurs simultaneously with maximum wind loading." ANSI/EIA/TIA-222 -F, was adopted in 1996; and it was during the period from 1996 to 2006 that the majority of the towers supporting cellular communications in the United States were built and put into service The current standard, ANSI/EIA/TIA-222-G, was adopted in 2006. This standard combined the International Building Code with tower design code and provided forthe comprehensive analysis of towers in line with buildings in most states and jurisdictions. Since the above AT&T tower was constructed standards for building towers have become increasingly more stringent. The tower proposed for Bartel is built to ANSI/EIA/TIA-222-G standards, which became effective January 1, 2006, and which are the most stringent structural standards applicable to tower construction to -date. Some of the changes from ANSI/EIA/TIA-222-F include the followings Items. • Performance based approach. "Limits states design" to ensure structures are safe under extreme loading conditions. • Wind loading is calculated according to 3 second gust wind speed to accommodate instantaneous loads. • Mandatory evaluation of ice loads are escalated based on tower height, elevation and exposure. • Tower design considers seismic loads and geographic area. • Antenna mounts required to be designed as the same loading as tower. • Tower foundation for Bartel is based on geotechnical report of the proposed site soil conditions. Revision G eliminated "normal soil' foundation designs. In short, the proposed tower will be engineered to withstand ice loading, seismic events, and extreme winds, and will be at least as structurally sound, if not more so, than any other type of tall structure (including buildings, power poles, and tall trees) in this area of the Borough. 3.0 Frequency Interference This section responds to Planning and Zoning Commission concerns about potential interference generated by the tower with aviation, law enforcement, and emergency services broadcast systems. AWN frequencies include spectrum across the 850 MHz, 1.7/2.1 GHz and 1.9 GHz bands. These are licensed specifically to AWN by the Federal Communications Commission and not used by aviation, law enforcement or emergency services. Case No. 16-010 Supplemental Stall Report and Rem mmendation CASE: PORV96V 350 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z. e. 16-010 (Postponed from the June 15, 2016 meeting) PaRSAPUN Case packet from the July 13, 2016 P&Z Regular Meeting PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13. 2016 4.0 Revised Site Placement This section includes revised site plan information for the new proposed tower location on the site. / ek, XX vt LOT 3 LOT 2 / d 0.37 AC. 1p� / PPy .+� Yr PROPOSED � 6T MCA6'CLE ��}, VU O C`o'syi� METER POLE P LUT 4A LEASE AREA E / LUT 4e� s� /�/ The above revised site placement was ensure to ensure adequate spacing (outside of any possible "Upover radius") from the home located adjacent the parcel's western lot line. Case No. 16-010 Supplemental Staff Report and Recommendation 16-010 (Postponed from the June 15, 2016 meeting) PaRSAPUN Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 �- HILLB�� l Ic —" � lAOJIP M This above graphic depicts the "tipover radius' of the proposed tower at the new location. 5.0 Revised Photo Simulation Plan View Photo simulations were prepared in several locations to illustrate the proposed tower and visual impact to the surrounding area. A galvanized pole is represented in each location, but AWN can paint the pole per the planning commission's request. The Figure below depicts a revised plan view of the photo locations for visual analysis based on new tower placement. Photo simulations are included in the January 4, 2016 submittal. Case No, 16-010 Supplemental Staff Report and Recommendation CASE: POSEc�'P�iti N 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.a. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JULY 13, 2016 6.0 Conclusion AWN's Kodiak network includes several small but significant gaps in coverage in the general urban area surrounding the Kodiak Hospital. After a search of available sites which could meet the technical requirements necessary to fill these coverage gaps, AWN has identified Lot 3, Block 4, Airpark Subdivision 1, as the location which will allow for construction meeting Kodiak Borough requirements. This tower location is the least intrusive and most appropriate option to meet the significant gap in AWN's coverage, which can only be met through placement of a tower in the Business District. Case No. 16-010 Supplemental Staff Report and Recommendation 16-010 (Postponed from the June 15, 2016 meeting) Ppsaa�%?35§ Case packet from the July 13, 2016 PBZ Regular Meeting 7.0 Attachments FAA Determination Kodiak Fall Zone Survey ASR Registration 1299433 AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 Case No. 16-010 Supplemental Staff Report and Recommendation CASE: PRRV&PU HO 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Issued Date: 05/17/2016 Cindy Hall Alaska Wireless Network 2550 Denali Street, Suite 1000 Anchorage, AK 99503 AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JULY 13, 2016 Aeronautical Study No. 2016 -AAL -395 -OE ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Antenna Tower Bartel Rohn 1845 Location: Kodiak, AK Latitude: 57-48-06.0INNAD 83 Longitude: 152-2245.33W Heights: 104 feet site elevation (SE) 67 feet above ground level (AGL) 171 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) mel: It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be a -filed any time the project is abandoned or: _ At least 10 days prior to start of construction (7460-2, Part 1) Within 5 days after the construction reaches its greatest height (7460-2, Part 2) Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/ lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance with FAA Advisory circular 70/7460-1 L. This determination expires on 11/17/2017 unless: (a) the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual Construction or Alteration, is received by this office. (b) extended, revised, or terminated by the issuing office. (c) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the dale prescribed by the FCC for completion of construction, or the dale the FCC denies the application. Caw No. 16-010 RWnlaht1ii1aff Report and Recommendation 16-010 (Postponed from the June 15, 2016 meeting) P0RpgPu35§ Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z. a. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13.2016 NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E -FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination does not constitute authority to transmit on the frequency(ies) identified in this study. The proponent is required to obtain a formal frequency transmit license from the Federal Communications Commission (FCC) or National Telecommunications and Information Administration (NTIA), prior to on -air operations of these frequency(ies). This determination is based, in part, on the foregoing description which includes specific coordinates , heights, frequency(ies) and power. Any changes in coordinates , heights, and frequencies or use of greater power will void this determination. Any future construction or alteration , including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction light, regardless of its position, should be reported immediately to (800) 478-3576 so a Notice to Airmen (NOTAM) can be issued. As soon as the normal operation is restored, notify the same number. A copy of this determination will be forwarded to the Federal Communications Commission (FCC) because the structure is subject to their licensing authority. If we can be of further assistance, please contact our office at (907) 271-5863. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2016 -AAL -395 -OE. Signature Control No: 288932096-292384048 Robert van Haastert Specialist Attachment(s) Frequency Data Map(s) cc: FCC Page 2 of 5 Case No. 16010 Supplemental Staff Report and Rewmmendellon (DNE) CASE: Pogaao�11 i§ 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #7.9. LOW FREQUENCY PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13. 2016 Frequency Data for ASN 2016 -AAL -395 -OE HIGH FREQUENCY ERP FREQUENCY UNIT ERP UNIT 698 806 MHz 1000 W 806 824 MHz 500 W 824 849 MHz 500 W 851 866 MHz 500 W 869 894 MHz 500 W 896 901 MHz 500 W 901 902 MHz 7 W 930 931 MHz 3500 W 931 932 MHz 3500 W 932 932.5 MHz 17 dBW 935 940 MHz 1000 W 940 941 MHz 3500 W 1710 1755 MHz 2000 W 1850 1910 MI 1z 1640 W 1930 1990 MHz 1640 W 2110 2155 MHz 2000 W 2305 2310 MHz 2000 W 2345 2360 MHz 2000 W 5925 6425 MHz 55 dBW 6525 6875 MHz 55 dBW 10700 11700 MHz 55 dBW 17700 19700 MHz 55 dBW 21200 23600 MHz 55 dBW Page 3 of 5 Case No. 16010 Supplemental Staff Report and Recommendation 16-010 (Postponed from the June 15, 2016 meeting) Ppgac 86Q jjg Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 TOPO Map for ASN 2016 -AAL -395 -OE i --Paintr- Alck as io Ria - -� w Page 4 of 5 Case No. 16-010 Supplemental Staff Report and Recommendation CASE: P���e4@-pL? LJ§ 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.a. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JULY 13.20`16 Sectional Map for ASN 2016 -AAL -395 -OE 4 r Sprur.�, Island Al C*3 o East v Ourtinlcie _ y623 C ,pc - � � o 0 EYLAKE (9Z3) F1 121-5— > > g-s_p; o twos I NE •` ., 394 1 139-- 25 1. GTI IR E fs mss' 00 — 44 1 9= a�nd� / PILLAR MOUNTAIIVTRC Sks ` —/ ����� KENA1 • ,KOEDIAK Q. CT ATIS,.13'-4.45 80 'L 75 122:8 -x 29 awe d Fn Page 5 of 5 Case No. 16-010 Supplemental Staff Report and Recommendation CASE: PORSA6%i13j§ 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P d Z REGULAR MEETING: JULY 13, N16 LEGEND: NOTES: 1FJAfED DATA 12.5 1. ALL BEARINGS, DISTANCES AND RECDID DATA N 90'00'00e W AREAS SHOWN ARE RECORD, SET REBAR • UNLESS NOTED OTHERWISE. O FOUND RERAR G 2. DISTANCES SHOWN WITH +/— HAVE BEEN DERIVED BY AERIAL IMAGES. I I I I `7 v se I 30' / \ A4 '°! 166D4 N 374300' W i I W —. 1E\`�Jjl w IJ ~ 3 LOT LEAS AREA: $ In CJI ' I I w a 0.37 AC. U ` L'12'iJ SIN P 1=I 2 YS Er Z NI= II I Z 1" I\ IQfy o Z Cq °uVEL J 1 / I C utirt a D i mum were � �„p m>m O N 3S W e I 30' �s unm rwvvn q � � I aP y` I I v I I I I I ,016© F£YIDllh I I ♦♦♦♦♦♦♦♦♦♦ K DIA MILL BAY ROAD •PSE, GEE.IADCs LLC 49th, ,,,,,,,, ;'} AIRPARK SUBOINSION N0. 1 _ e... .. ...... .... t A ••• ............................••.•.....'z n/a10b1BP n/G """'� n/G SEWARD AmN1 dm `{15(11. ,e wQ 15-DB.67 a.� 1,5-1 73 eIT L Ncpdwna :Q- M7 _ p® ♦�F•.. No. 9106-s .: 64-14 Icmon m1w:1 77 1' = 4O TENDRA TLN MILL BAY ROAD KODIODIAK, ALASKA 99615 TOWER FALL ZONE SURVEY ♦ . ♦ �'SIOtl �� gF511U Lase W. 15L10 Supplemenw Slafl RepM and RecommenclaWn CASE: PaR6e48p6P399 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 PBZ Regular Meeting AGENDA ITEM #Z. a. rVard]1e ASR Rel)stiall 1299W ASR Registration Search Registration 1299433 '. Mao Registration Reglsnation Detail Reg Number 1299433 Status File Number A1004445 Constructed EMI No Dismantled NEPA Antenna Structure Structure Type MTOWER - Monopole Location (In NAD83 Coordinates) Lat/Long 57-48-06.0 N 152-22-45.3 W City, State Kodiak, AK Zip 99615 Center of AM Array Heights (meters) Elevation of Site Above Mean Sea Level 31.7 Overall Height Above Mean Sea Level 52.1 Painting and Lighting Specifications None FAA Notification FAA Study 2016 -AAL -395 -OE Oc: (I L Centa[t 100;m"tion FRN 0021818133 Owner The Alaska Wireless Network Attention To: Network Operations Center 2550 Denali Street, Suite 1000 Anchorage , AK 99503 Contact Hall , Cindy L Attention To: Network Operations Center 2550 Denali Street, Suite 1000 Anchorage , AK 99503 �astActmn Status Granted Address 1812 Mill Bay Road County KODIAK ISLAND Position of Tower in Array Overall Height Above Ground (AGL) 20.4 Overall Height Above Ground w/o Appurtenances 19.5 FAA Issue Date 05/17/2016 Owner Entity Limited Liability Company Type P:(800)770-8725 F:(907)868-9817 E: gcilicensemanager@gci.com P:(800)770-8725 F:(907)868-9817 E: chall2@gcl.com Status Granted Received 05/31/2016 Purpose Amendment Entered 05/31/2016 Mode Interact"&.No.i&ouiSupplemenlal Slat/ Report and Recommendation WIAi ,d.s2rs.gpv/UlsAWp SearWWRBOstra wjsp?rBO ,-25989528grinWe CASE: 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting 12 Ppsee4?AH59 AGENDA ITEM #Z.e. �e Related Applications 05/31/2016 A1004445 Comments Comments None History Date 06/01/2016 ASR Registration 1209433 Amendment (AM) Event Registration Printed Automated Letters 06/01/2016 Authorization, Reference ri " Case No. 16-010 Supplemental Staff Report and Remmmendation htlplAairelessUcc.gwNlsAWAsrSear WasrRegistratmjspTegKey=2696952&printahle CASE: PO��e4i'��i 351 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting my Memorandum AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: APRIL 20, 2016 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Date: April 15, 2016 To: Planning and Zoning Commission From: Community Development Department RE: Additional Information and Staff Recommendation for Case No. 16-010 At the April 13, 2016 work session, the Commission requested information from the applicant regarding possible interference with public safely frequencies. The applicant responded to staff that GCI owns the statewide licenses for 1900 PCS and 2100 AWS (GCI GSM, UMTS and LTE frequencies) and that frequencies with public safely do not conflict. During staffs review of updated information on Case No. 16-010, we realized that the current location identified on the FCC ASR record for the structure is not the most current location proposed in the variance application. For this reason, staff recommends continuance of this variance for a period of 60 days to ensure that all information supplied for the request is correct, up-to-date, and internally consistent. Acronyms ASR Antenna Structure Registration AWS Advanced Wireless Service FCC Federal Communications Commission GCI General Communications Inc. GSM Global System for Mobile Communications LTE Long Term Evolution PCS Personal Communications Service UMTS Universal Mobile Telecommunications System Case No. 16-010 Staff Report and Recommendation 16-01E0 (Postponed from the June 15, 2016 meeting) Pagee49A?359 Case packet from the July 13, 2016 P&Z Regular Meeting yyPNa epgp`C Y t 0 G+q:i OL ALASKA AGENDA ITEM #Z. a. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING: APRIL 20, 2016 SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION Case No. 16.010. A variance to construct a 67' tall cellular communications tower that exceeds the B -Business zoning district 50' building height limit on Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 and 17.90.040). DATE: April 6, 2016 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the April 20, 2016 Regular Meeting APPLICANT: Alaska Wireless Network AGENT: New Horizons Telecom, Inc. LOCATION: 1812 Mill Bay Road LEGAL DSC: Airpark Subdivision, Block 4, Lot 3 ZONING: B -Business STAFF COMMENTS On April 6, 2016 the applicant submitted a revised site plan depicting the 30' x 22' lease area at a new location on Lot 3, directly adjacent to the eastern property line and 25 feel from the southern property line. On April 6, 2016 the applicant also submitted a fall zone survey. Staffs recommendation is consistent with the supplemental staff report dated March 1, 2016. RECOMMENDATION Staff recommends this variance be granted with no conditions. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is Move to grant a variance, per KIBC 17.195 and 17.90.040, to construct a sixty- seven (67) foot tall cellular communications tower that exceeds the B -Business zoning district fifty (50) foot building height limit by seventeen (17) feet on a leased site located at 1812 Mill Bay Road (Airpark Subdivision, Block 3, Lot 4), and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-010. FINDINGS OF FACT (KIBC 17.195.050) 1. To eliminate coverage gaps, a telecommunications tower must be located within the radio frequency search ring. 2. The strict application of the Business zoning fifty (50) foot building height limit would prohibit AWN's ability to eliminate a service gap. 3. Construction of a tower on the subject property will enhance public health, safety, and welfare by improving cellular communications in the immediate vicinity. Case No. 16-010 Supplemental Staff Report and Recommendation CASE:Pme47� RII 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 PBZ Regular Meeting y oNG BOQ�� Y � O `L ALASKA AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13. 2016 PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: APRIL 20. 2016 4. Construction of a 67' tall tower would be consistent with permitted uses and infrastructure within the Business zone and thus would not result in material damage or prejudice to other properties in the vicinity. 5. This variance is consistent with various land use and economic goals in the 2008 Comprehensive Plan. 6. The special conditions from which relief is being sought are a matter of technological and geographic constraints. The applicant's request to construct a tower that exceeds the building height limit is an effort to overcome these conditions and provide better cellular service to the community of Kodiak. Case No. 16-010 Supplemental Staff Report and Recommendation CASE: 16-010 (Postponed from the June 15, 2016 meeting) POS8e43,fbd359 Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7A P 6 Z REGULAR MEETING: JULY 13, 2016 PUBUCHEARINGREM7-11 P d Z REGULAR MEET W G: APRIL 21.2116 LEGEND. GRAPHIC SCALE MEASURED DATA 12.5' RECORD MTA N 90'00'00' W SET RFNM • of FLLD GERM 0 NDTES: 3 NCH . 30 FEET 1. ALL BEARINGS DISTANCES AND AREAS SHOWN ARE RECORD, UNLESS NOTED OTHMESE 2- TITLE REPORT WAS PROVIDED BY STEWART TITLE, FILE NO. 9276, DATED 4/20/2015. 3. PROPOSED MONOPOLE (CENTER OF LEASE): LAT. N 5TM'06.01r . LONG. W 152'22'45.331' (NAD83) ELEVATION 104 FEET (NAVDBB) vPED ' T T LOT 3 os LOT 2 d 0.37 AC. TA PROPOSED \ s 6T 4Lh-MONOPOLE SS 6 1 / PETER POLE V O / C •'}S// LOT 4A LEASE NEA / �6aFL E \ LOT 48 ICXIa KODIAK MILL BAY ROAD/ BAR7EL rJ�CA�G�ia, C//.A 40 'a'"' LOT 3, BLOCK 4, a6MATC U— h _ NRPARK SUBDIVISION NO. 1 e �'•' 28 10YBP 27 S 19 W Z. 115-08.67115-1 73 SEWARD M1W 9 fa l MAi1 64-1WMAN �w� 1' 30' 1 TENDRA I TW 16016 Supplemental Sla6Repo0 and Remmmenda9on CASE:P�E�e4g5G6?21j§ 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING REM T -A P 6 Z REGULAR MEEVNG: JULY 10, 2010 PUUL HWING REM I -B P 6 Z 0.EGULAR ME1FnNG: APRIL 2D, ]016 LEBEIR MUM IFi.9R0 WlA 125 TMU 1. F ALL s'a ftGS, pSiA AND Q IUIIO DATA N BB'OU00' W 1. BEMARE . 4r RaPA o u m Nom oNl[ M. e RAID p]W1 2 WvmA 910YM MM 4/- HAVE BRIT OUKVFO BY AFIIIAL WAGE � I 1 I I'U 1m04 / NVOP N Q w Bl nma�`va 1 W LOT 3 MA¢ Iffk J a � 0.37 AC. � w„ a of JI �� SI uvr cram MI - �. da van rAwr� d NN Y I � � I 9 6_ 1 i I I I xWa© ADa. m P%(E CF rr11 m � KOMN( MM1L BAY ROAD •� A9M YS NRPARK SVBMMSW NO. 1 5.1 uc 1. LImm. n/D SkY MA llamr V. Ilslll. - iS-DD.ST is -i Ya i1a > w 91oc-5 u, �er1KWM tee. ms1 1' - IC 1FN01tA RN 1812 WLL BAT ROAD MM FAU SONS SURP • '""021:.••jHllk m KOpAN. ALASKA 88615 18010 5uppknwnhl5lart 0.epo0 eM RecOnvneMelion 16-010 (Postponed from the June 15, 2016 meeting) P0@fie"?6°6a39§ Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z. a. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: MARCH 16, 2016 SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION Case No. 16-010. A variance to construct a 67' tall cellular communications tower that exceeds the B -Business zoning district 50' building height limit on Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 and 17.90.040). DATE: March 1, 2016 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the March 16, 2016 Regular Meeting APPLICANT: Alaska Wireless Network AGENT: New Horizons Telecom, Inc. LOCATION: 1812 Mill Bay Road LEGAL DSC: Airpark Subdivision, Block 4, Lot 3 ZONING: B -Business STAFF COMMENTS On February 17, 2016 the applicant submitted a revised site plan depicting the 30' x 22' lease area at a new location in the east comer of Lot 3. This was submitted in response to concerns raised at the February 10, 2016 P&Z work session regarding the proposed tower's fall radius. Due to postponement based on a lack of quorum for the February 17, 2016 P&Z Regular Meeting, the case packet and all associated documentation are being carried over for public hearing on the March 16, 2016 P&Z Regular Meeting agenda. RECOMMENDATION Staff recommends this variance be granted with no conditions. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is Move to grant a variance, per KIBC 17.195 and 17.90.040, to construct a sixty- seven (67) foot tall cellular communications tower that exceeds the B -Business zoning district fifty (50) foot building height limit by seventeen (17) feet on a leased site located at 1812 Mill Bay Road (Airpark Subdivision, Block 3, Lot 4), and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-010. FINDINGS OF FACT (KIBC 17.195.050) 1. To eliminate coverage gaps, a telecommunications tower must be located within the radio frequency search ring. 2. The strict application of the Business zoning fifty (50) foot building height limit would prohibit AWN's ability to eliminate a service gap. 3. Construction of a tower on the subject property will enhance public health, safety, and welfare by improving cellular communications in the immediate vicinity. Case No. 16-016 Supplemental Staff Report and Recommendation CASE: P0gp9fLilL5§ 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.a. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING: MARCH 16, 2016 4. Construction of a 67' tall tower would be consistent with permitted uses and infrastructure within the Business zone and thus would not result in material damage or prejudice to other properties in the vicinity. 5. This variance is consistent with various land use and economic goals in the 2008 Comprehensive Plan. 6. The special conditions from which relief is being sought are a matter of technological and geographic constraints. The applicant's request to construct a tower that exceeds the building height limit is an effort to overcome these conditions and provide better cellular service to the community of Kodiak. Case No. 16-010 Supplemental Staff Report and Recommendation CASE: POSBAPI�7139 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 PBZ Regular Meeting AGENDA ITEM #Z.a. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 LEGEND tEAW✓EL RATA 12.5' SEmu DATA N 9B'00W W SET E9 R FW RE8.1R u • NOTE 1. ALL BEARINGS, DISTANCES AND AREAS SIOYAI ARE RECORD. UNLESS NOTED OTHERY45E / / �OPrQ 14 Oren ,VV NX YI LOT 10� 0.37 AC. AC. ,y LOT B fi LOT 4A W \`� q/1 /° / bv { \ LOT 4H / / / GRAPHIC SCALE i / r -r• - I -rs Y / INCH = AO FEET KODIAK WILL BAY ROAD K SUBDIMSON NO. 1 L Nm a 9105-5 j, 16-010 (Postponed from the June 15, 2016 meeting) Gase packet from the July 13, 2016 P&Z Regular Meeting 7114 15-08.67 15-1 73 40' TENORA TLN "098 iARM AGENDA ITEM #Z.a. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: MARCH 16, 2016 SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION Case No. 16-010. A variance to construct a 67' tall cellular communications tower that exceeds the B -Business zoning district 50' building height limit on Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 and 17.90.040). DATE: February 12, 2016 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the February 17, 2016 Regular Meeting APPLICANT: Alaska Wireless Network AGENT: New Horizons Telecom, Inc. LOCATION: 1812 Mill Bay Road LEGAL DSC: Airpark Subdivision, Block 4, Lot 3 ZONING: B -Business STAFF COMMENTS At the February 10, 2016 work session, the Commission discussed requiring a condition of approval to ensure the tower site lease area could accommodate the tower fall down radius. A condition of approval to address this issue is incorporated into the following updated recommendation, appropriate motion, and findings of fact. RECOMMENDATION Staff recommends this variance be granted, subject to one (1) condition of approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is Move to grant a variance, per KIBC 17.195 and 17.90.040, to construct a sixty- seven (67) foot tall cellular communications tower that exceeds the B -Business zoning district fifty (50) foot building height limit by seventeen (17) feet on a leased site located at 1812 Mill Bay Road (Airpark Subdivision, Block 3, Lot 4), subject to one (1) condition of approval and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-010. CONDITION OF APPROVAL 1. Prior to issuance of zoning compliance, the applicant shall provide certification prepared by a State of Alaska Registered Professional Engineer that specifies the fall down radius for the telecommunication tower to be constructed on this site. The lease area for the tower shall be of sufficient size to accommodate the designed fall down radius. FINDINGS OF FACT (KIBC 17.195.050) 1. To eliminate coverage gaps, a telecommunications tower must be located within the radio frequency search ring. Case No. 16-010 Supplemental Stall Report and Recommendation 16-010 (Postponed from the June 15, 2016 meeting) Pogg86>'m§ Case packet from the July 13, 2016 P&Z Regular Meeting PNo 60g0 Q , `•1J. O 'L ALASKA AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: MARCH 16, 2016 2. The strict application of the Business zoning fifty (50) foot building height limit would prohibit AWN's ability to eliminate a service gap. 3. Construction of a tower on the subject property will enhance public health, safety, and welfare by improving cellular communications in the immediate vicinity. The adopted condition of approval will further ensure that public health, safely, and welfare are not negatively impacted. 4. Construction of a 67' tall tower would be consistent with permitted uses and infrastructure within the Business zone and thus would not result in material damage or prejudice to other properties in the vicinity. 5. This variance is consistent with various land use and economic goals in the 2008 Comprehensive Plan. 6. The special conditions from which relief is being sought are a matter of technological and geographic constraints. The applicant's request to construct a tower that exceeds the building height limit is an effort to overcome these conditions and provide better cellular service to the community of Kodiak. Case No. 16-010 supplemental Staff Report and Re nnendation CASE: Pogs(H�P� R51 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P &Z REGULAR MEETING: JULY 13, 2016 on PUBLIC HEARING ITEM 7-B AilL P 8 Z REGULAR MEETING: MARCH 10, 2010 0 w p$ ALASKA STAFF REPORT AND RECOMMENDATION CASE No. 16 — 010. A variance to construct a 67' tall cellular communications tower that exceeds the B -Business zoning district 50' building height limit on Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 and 17.90.040). DATE: February 17, 2016 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the February 17, 2016 Regular Meeting CASE: 16-010 APPLICANT: Alaska Wireless Network AGENT: New Horizons Telecom, Inc. LOCATION: 1812 Mill Bay Road LEGAL DSC: Airpark Subdivision, Block 4 Lot 3 ZONING: B -Business NOTICE: Forty (40) public hearing notices were mailed on January 6, 2016. Three (3) public hearing notices were returned as of the date this report was prepared. SITE VISIT: Virtual, via GIS 1. Zoning History: • Zoned B -Business by Ordinance No. 66-15-0 • Classified as B -Business in the 1968 Comprehensive Plan 2. Lease Area: 660 sq. ft. (22'x 30' rectangle) 3. Existing Land Use: Vacant (used for storage) 4. Surrounding Land Use and Zoning: All adjacent properties zoned B -Business. PL -Public Use Lands and R1 -Single -Family Residential properties exist to the south and southeast. 5. Comprehensive Plan: The 2008 Comprehensive Plan identifies this lot and the majority of lots adjacent to Mill Bay Road as having a proposed future land use of Commercial/Business. 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: 17 90 010 Description and intent (B -Business District) The B business zoning district is established for the purposes of protecting and encouraging the development of community business core areas that function efficiently as centers of retail business and retail service activities. For the business zoning district, in promoting the general purposes of this title, the speck intentions of this chapter are: Case No. 16 —010 Staff Report and Recommendation 16-010 (Postponed from the June 15, 2016 meeting) Pogpgswi§ Case packet from the July 13, 2016 PBZ Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-8 P & Z REGULAR MEETING: MARCH 16, 2016 A. To encourage the continued use and development of land for retail purposes; B. To discourage the use of business district lands for other than retail purposes; C. To prohibit the use of business district lands for manufacturing and industrial purposes; and D. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter. KIBC 17.195.010 Authority and oumose (Variances). The commission shall review and act upon applications for variances. Variances are provided for by this chapter for the purpose of relaxing zoning district requirements in special circumstances. KIBC 17.195.050 Approval or denial (Variances). Within 40 days after the filing of an application, the commission shall render its decision, unless such time limit has been extended by common consent and agreement of the applicant and the commission. A. Approval. If it is the finding of the commission, after consideration of the investigator's report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted: 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare; 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; 5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and 6. That granting the variance will not permit a prohibited land use in the district involved. B. Denial. If the commission finds, after consideration of the investigators report and receipt of testimony at the public hearing, that it cannot make all of the required findings in subsection A of this section it shall deny the variance Case No, 16-010 Staff Report and Recommendation CASE: poge d�� 359 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PNa so", PUBLIC HEARING ITEM 7-B P &Z REGULAR MEETING: MARCH 16, 2016 Y DALASKA STAFF ANALYSIS The proposed cellular communications lower, to be placed at 1812 Mill Bay Road (Airpark Subdivision, Block 4, Lot 3), will be 67 feet tall and exceeds the 50 foot building height limit for B -Business zoning. This request is for a variance to construct a tower that exceeds that height limit by 17 feet. Alaska Wireless Network (AWN) is proposing installation of this tower to address significant documented gaps in cellular communications and wireless broadband to the surrounding area (Exhibit A). Computer modeling was used to determine an optimal location for the tower and a search ring was developed which identified, based on topography and other surface interference, suitable build locations (Exhibit B). After determining that there were no existing towers in the area to co -locate with, AWN approached property owners to lease land to AWN for construction of a cellular communications tower. The owner of the subject property agreed to lease a portion of the parcel to AWN for a cellular communications lower. The tower is designed to be the minimum height necessary to assure that gaps in service coverage can be filled. Additionally, a height of 67 feet or less above ground level would not exceed obstruction standards regulated by the Federal Aviation Administration. To assist the Commission in their decision on this case, a listing of the variance approval criteria followed by the applicant's response and staff analysis are provided below. Variance Approval Criteria 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district. Applicant Response The proposed tower construction site is uniquely situated in that it is the only reasonably available and technically feasible property which AWN can use to fill an existing significant gap in its wireless coverage. Pursuant to 47 U.S.C. 332(c)(7), AWN is justified in requesting use of the site for a telecommunications facility. As further set forth above, the proposed tower height is the minimum necessary to provide coverage which will fill AWN's existing significant coverage gap. The lot is in the Business District and is used for storage; items on site include several Conex containers for the landowner's use and vehicle and boat storage. There are three existing towers in the Kodiak Island Borough which have been constructed pursuant to KIBC 17.90.020.EE in the Business District and granted height variances pursuant to KIBC 17.90.050. Staff In order to eliminate a coverage gap, a tower must be located within the search ring. Such towers are not a permitted use in residential zoning districts so the search focused on lots zoned Public Use Lands or Business. Construction of this tower is a permitted use in both zones, but requires a variance in either zone to exceed the building height. 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship. Case No. 16 —010 Staff Report and Recommendation 16 010 (Postponed from the June 15, 2016 meeting) POg6gfu35§ Case packet from the July 13, 2016 P&Z Regular Meeting PNo a 9' Y Q @' j O U 'L ALASKA Applicant Response AGENDA ITEM #Z. a. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: MARCH 16, 2616 Strict application of the height limitations in the Business District will prevent this tower project from moving forward. If AWN is not permitted to move forward with construction of the proposed tower, it will be technically unable to fill an existing significant gap in its wireless coverage. This parcel is the only reasonably available and technically feasible location for construction of the planned tower. As set forth above, the owners of all parcels outside of the Business District, located within AWN's search ring, and zoned for utility installations elected not to lease to AWN. As also set forth in greater depth above, a fifty foot (50) tower would not fill the existing gap in AWN's coverage. As such, a variance is required to construct a tower at the minimum possible height to address the coverage gap. Staff Analysis A 50 foot tower is inadequate on any lot within AWN's search ring and would not eliminate their wireless coverage gap. 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare. Applicant Response AWN's proposed tower will affirmatively protect the public health, safety, and general welfare by providing reliable wireless service in an area of the Kodiak Island Borough which currently lacks such coverage on the AWN network. The area surrounding the proposed tower project is primarily in the Business District with buildings and storage yards nearby. The proposed lower is only sixty-seven feet (67') tall, and is constructed at the minimum possible height to address AWN's existing service gap. Surrounding neighborhoods south and west of the proposed tower have screening from existing trees. Neighborhoods across Lilly Lake, north of the tower, will have minimal view impacts due to the tower being only 67 feet in height. Photo simulations were prepared in several locations to illustrate the proposed tower and visual impact to the surrounding area. A galvanized pole is represented in each location, but AWN can paint the pole per the planning commission's request. The photo simulations are included in Exhibit C for the locations indicated in Figure 10. A total of eight photographs were taken with four at 500 feet distance and four at 1000 feet distance from the proposed tower location. GCI created photo simulations of the proposed 67 foot tower from the eight vantage points facing toward the tower. Photos labeled 500 ft NE and 500 It SW are viewed from Mill Bay Road which is lined with business lots. The tower is visible. Photos labeled 500 It S and 500 ft SE are taken from the view point of residential lots. In both photographs the tower is visible but obscured by trees. In the photos from 1,000 feet away from the tower, the tower is minimally visible from the specific points selected. Photographs were collected from public access points. As set out above, federal law requires that a cellular tower must meet FCC established safety guidelines for Human Exposure to Radiofrequency Electromagnetic Fields in order to receive a license. When these standards are mel, local zoning authorities cannot issue Case No. 16-010 Staff Report and Recommendation CASE: Pogu��5o� m§ 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting N� epgp BOOM' `L ALASKA -IT AGENDA ITEM #Z9. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-13 P & Z REGULAR MEETING: MARCH 16, 2016 decisions regarding the placement of a wireless tower on the basis of the environmental or health impacts of such tower. The FCC is responsible for maintaining the registration of antenna structures. The antenna structure registration (ASR) is a unique numeric identifier that illustrates the structure has gone through the appropriate aviation hazard study and complies with FCC rules for a registered structure. The proposed structure has been reviewed by the FCC and is in compliance with the standards of the FCC. Both the ASR number for this structure and the FCC license can be provided to Kodiak Borough when received. Once assigned the ASR can also be searched using the ASR number and downloaded from the FCC website. The tower foundation has been designed by a professional engineer registered in Alaska. A soil boring at the proposed location was collected and evaluated by the engineer in the final foundation design. Documents attached include the foundation design, civil and electrical design. All design elements are sealed by Alaska registered engineers. In sum, the proposed tower complies with all governing law, is designed to minimize the impact on adjoining properties, and will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public health, safety or general welfare. Staff Analysis Construction of a tower on the subject property will enhance public health, safety, and welfare by improving cellular communications in the immediate vicinity. Construction of a tower would be consistent with permitted uses and infrastructure within the Business zone and thus would not result in material damage or prejudice to other properties in the vicinity. 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan. Applicant Response The proposed height variance does not conflict with the objectives of the 2008 Kodiak Island Borough Comprehensive Plan, which addresses the Business District as an appropriate location for "a variety of retail and other business uses" (pg. 51). The Comprehensive Plan describes the telecommunications options available in the Borough as of the time of drafting (pg. 141) and calls out areas of the Borough which lack access to wireless/cellular and broadband services. The planned construction will increase the array of options available to consumers located within the existing significant gap and provide consistent, reliable cellular and wireless broadband services in this area. Staff Analysis This request is supported by various 2008 Comprehensive Plan goals: Granting this variance will not negatively impact the rights of the surrounding property owners. This, combined with the beneficial services that this facility will provide to the community, is consistent with the following Comprehensive Plan land use goal: • Regulate and manage land uses to balance the rights of private property owners with community values and objectives. Case No. 16-010 Staff Report and Recommendation 16-010 (Postponed from the June 15, 2016 meeting) P0RpRdv35§ Case packet from the July 13, 2016 P&Z Regular Meeting a 6qq JI Y 0 0AASKA AGENDA ITEM #Z"a. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-13 P & Z REGULAR MEETING: MARCH 16, 2016 The services provided by this facility will enhance the communication abilities of local residents and businesses, which is consistent with the following Comprehensive Plan economic goals: • Support commercial businesses and areas within the Borough, including in downtown Kodiak. • Diversify the overall economy of the Kodiak Region. 5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance. Aoolicant Response AWN's actions did not rause the special conditions from which relief is being sought by this variance. As set forth in the narrative above, AWN contacted every owner of property within its search ring with property zoned for construction of utility installations. Every owner of such property refused to lease space to AWN for a tower. Because all such requests were denied, AWN was required to pursue construction of a tower in the Business District pursuant to KIBC 17.90.020.EE. Currently there are three other towers in Kodiak Borough located in the Business District which have been granted similar height variances for construction. As set out in greater depth above, AWN is proposing construction of a tower at the minimum possible height necessary to close the significant gap in its existing wireless service. Staff Analysis The special conditions from which relief is being sought are a matter of technological and geographic constraints. The applicant's request to construct a tower that exceeds the building height limit is an effort to overcome these conditions and provide better cellular service to the community of Kodiak. 6. That granting the variance will not permit a prohibited land use in the district involved. Applicant Response The proposed tower will be constructed pursuant to KIBC 17.90.020.EE (permitting "radio station" use in the Business District). AWN understands that it has been a consistent past practice in the Borough to permit cell tower construction under KIBC 17.90.020.EE. Review of the FCC Antenna Registration database, and comparison to KIB zoning, currently shows 3 existing towers which have been constructed in the Business District. The tower height of 67 feet is necessary to provide coverage to underserved area for AWN in Kodiak. Staff Analysis Radio stations are identified as a permitted use in the B -Business zoning district. CONCLUSION Staff has determined that this request meets all the conditions necessary, as reflected in the findings of fact, for a variance to be approved under Chapter 17.195.050 (Variances) of the Borough Code. Case No. 16-010 Staff Report and Recommendation CASE: Ppgg AA?350 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z. a. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 No aoPUBLIC HEARING ITEM 7-B MAL't P & Z REGULAR MEETING: MARCH 16,2016 RECOMMENDATION Staff recommends this variance be granted. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is Move to grant a variance, per KIBC 17.195 and 17.90.040, to construct a sixty- seven (67) foot tall cellular communications tower that exceeds the B -Business zoning district fifty (50) foot building height limit by seventeen (17) feet on a leased site located at 1812 Mill Bay Road (Airpark Subdivision, Block 3, Lot 4), and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-010. FINDINGS OF FACT (KIBC 17.195.050) 1. To eliminate coverage gaps, a telecommunications tower must be located within the radio frequency search ring. 2. The strict application of the Business zoning fifty (50) foot building height limit would prohibit AWN's ability to eliminate a service gap. 3. Construction of a tower on the subject property will enhance public health, safety, and welfare by improving cellular communications in the immediate vicinity. 4. Construction of a 67' tall tower would be consistent with permitted uses and infrastructure within the Business zone and thus would not result in material damage or prejudice to other properties in the vicinity. 5. This variance is consistent with various land use and economic goals in the 2008 Comprehensive Plan. 6. The special conditions from which relief is being sought are a matter of technological and geographic constraints. The applicant's request to construct a tower that exceeds the building height limit is an effort to overcome these conditions and provide better cellular service to the community of Kodiak. Case No. 16-010 Staff Report and Recommendation 16-010 (Postponed from the June 15, 2016 meeting) Pa98hEpbti13JI Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P is Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING: MARCH 15, 2016 print Fosm Submltby Email Kodiak Island Borough Community Development Department 71O MAI BSY Rd. RM 205 Kodlak AK 99615 Ph.(907)486-9362 Fax(907)486-9396 httm//v eoy kadialokus PHOP_ID A25 LZ Application KIBC 17.195 I In -(71(i The fulkmving lnkenu ows is to be supplied bylheApplicant Property0vmer/Applkant Alaska Wireless Network -Dave Baker Mailing Address 61131 Arctk Blvd, Anchorage, AK 99518 Phone Number. 907-6611-2526 Other Contact emalL ett_ Sherrie Greenshields (agent- New HerimnsTelecom. Int) Legal Desaiptlum Subdr. Akpark Bkxk 4 Lot. 3 Street Address 1812 MN Bay Road. Kodiak Alaska Present Use of Property: Storage- several cornea4 boats, automobiles Vadance(s) Requested: Height wdana- proposed lower height is 67 feet Plemmfermastachednam0vefordeuded gaCl),IeSAKAPpnNw4„4L AAppmLKp6Neend,gelrMrmminlmkaMmnYtleallondtlx NresUyabh rtpm W naMpldteWm,y attlrpbachnraq, W rMeuu PrWuudNMaapp0raaonxuMvappoprlaemiWiwan9Mbb.mxbaKe/tM MoeNa, therWnadW ba gnMd bpeM ro eaA aDlw foMwinP Pa,dxdr u rine aklay b ywr nqueSl Ica aaBrbul dr.n u,uaadl i.TNtihaeartae�amdphtrld u,nn,mxef ormMtamalgaoblebrhe PAW errs orro W Madedbe>devdapnmtrdutl, 4anotapplyaePmlY b whar PrtW I14r N rIY uM l a,d,ee dhuke Pleaze referte emched namtFve iTIW therulnappkumndd,epwkbudddstYlewwidrnuYinpanid &IraNklrr,avemvryhNrhp. Please re(ertP amched namtive Case No. 16-010 Application Package t1mol=.Pr8� 6& 0('23S 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.a. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: MARCH 16, 2016 ilhntlK9ra-aagdtlrruYi¢na-oi resdrYmeteYl&maeemtadudaxm otl.rpopaaa YNe HtY+ryrarbedeuYiennita Nepr6liCsnWtR urayorammlwdYrc Please refer to atts— narrative altutineyr+nlnodthevaY�wB rcebamnba-'0 so*l athe rarorehes sve Ehn Please rererta --ached-arta..... slaatatnansollheapplloMtltl MouscspeWlmMab�.aNw[Ial Mddap ^'x'ro^..,aa'armm.,+ud� r ,,, kjmughrtNan&n , nd Please rererta attached nam k,e aThslgnnNgrNvnWia rA,wtpmNtagoNeaed Yad useY.wdlf4ktYmlred. Pleaserefertna-achedrurnauve Mfleatlam taaeb/reNQ'ataaP�Waba^-+/° 'ad°Pmr NatMb TpararknhrPkZfsmieXaYeralar4aveaedmigMterolM ......___._....�__..•.._..•..r•a....e•.W Zedekalmdlarvuek rdc �AkAYdudaedMaNd W Plaa Additional Namstive/Hbtory: YES Photographs: YES M -built Survey: YES Maps: YES Un Other, Engineered sealed design documents Date: Dec31.2015 Signature ZZ.d%o�--n� CDD Staff CertNkatlon Site Plan Submitted? CuffentZonkg: IS-&isINE SS Code Sealon(3); 6y0 Data Njq 11201f,CDDStafk 3s- PaymenIVerificaticsn Fee Payable In Cashlers calla. 9104•MainBuilding IV s2saw JAN042015 KODIAK ISLAND BOROUGH FINANCE DEPARTMENT Case No. 16-010 Application Package 16-010 (Postponed from the June 15, 2016 meeting) PogeRA1359 Case packet from the July 13, 2016 P&Z Regular Meeting PAYMENT DATE 0110412016 COLLECTION STATION CASHIER RECEIVED FROM ALASKA WIRELESS NETWORK -DAVE BARKER DESCRIPTION 1612 MILL BAY RD STORAGE AGENDA ITEM #Z. a. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING: MARCH 16, 2016 Kodiak Island Borough BATCH No. 710 Mill Bay Rd. 2016-00000215 Kodiak, AK 09615 RECEIPT NO. 2016-00000563 CASHIER Teresa Medina Printad hv- Tosca Martina Paan 1 of 1 n11n412n1611:1nd1 AM Case No. I&MOApplication Package 16-01 1 16-010 (Postponed from the June 15, 2016 meeting) PI"Ram u3m Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z. e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: MARCH 16. 2016 January 4, 2016 Kodiak Island Borough Community Development Department 710 Mill Bay Rd. Rm 205 Kodiak, AK 99615 RE: Variance Application KIBC 17.195 Alaska Wireless Network (AWN) is proposing construction of a sixty-seven foot (67') telecommunications facility on Lot Three (3), Block Four (4) Airpark Subdivision No 1, located in the Kodiak Island Borough. Construction of this tower will fill a documented significant gap in cellular communications and wireless broadband to the surrounding area. The proposed tower is located on a parcel of business zoned land, where cell towers have been consistently permitted by the Borough pursuant to KIBC 17.90.020.EE. The tower exceeds the maximum building height permitting in the business district (50') by seventeen (17') feet and requires a variance for construction. The attached narrative describes the proposed tower project and responds to elements of KIB Code 17.195 Variances. Please accept this as a part of AWN's permit application. Should the Planning Commission have any questions regarding this project, please contact us at the information below. Sincerely, Sherrie Greenshields New Horizons Telecom, Inc. SGreenshields@nhtiusa.com 907-761-6000 Becky Windt Pearson GCI Corporate and Land Use Counsel rwindtpearson@gci.com 907-868-5629 Case No. 1&010 Application Package 16-010 (Postponed from the June 15, 2016 meeting) Poopopuml Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.a. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: MARCH 16, 2016 A ..WN Alaska Wireless Network Variance Application Lot Three (3), Block Four (4) Airpark Subdivision No 1 Kodiak, AK Case No. 16-010 Application Package CASE: PORSM (iR51 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P Is Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P a Z REGULAR MEETING: MARCH 16.2016 1.0 Introduction The demand for access to wireless communications continues to grow exponentially across both Alaska and the continental United States. Currently 43% of Americans are discontinuing landline phones in support of using cellular as their primary phone service (Blumberg and Luke 2014). The first six months of 2014 saw a three percentage point Increase aver the last half of 2013 and was the greatest six month Increase since 2010 (Blumberg and Luke 2014). In light of this growing reliance on wireless communications, additional infrastructure has become essential to providing reliable service. Alaska Wireless Network (AWN) is an Alaskan owned and operated telecommunications company that provides telecommunication service to the citizens of Alaska. The mission of AWN is to create value for our customers, opportunities for our employees and growth for our shareholders. As part of AWN's efforts to fill gaps in our network and provide world-class wireless service for Alaskans, AWN is proposing to construct a 67' communications tower on Lot Three (3), Block Four (4) Airpark Subdivision No 1. The proposed construction will fill multiple existing significant gaps in cellular and wireless broadband service coverage in the downtown Kodiak area, allowing AWN to provide the consistent, uninterrupted coverage required in this populated area. The proposed location is zoned Business and construction of communications towers has been consistently permitted by the Borough pursuant to KIBC 17.90.020.EE (permitting "radio station" use). As set forth In greater depth in this supplementary narrative, the proposed tower location is based on the unavailability of zoned land parcels which would allow utility Infrastructure, and is the least Intrusive, reasonably available and technically feasible location for the proposed tower construction. The below sections present a laymen's distillation of radio frequency science, applicable federal law governing telecommunications, and the decision logic used to meet the Kodiak Island Borough Community Development Department requirements set forth in Its standards for variance application KIBC 17.195. 1.1 Radio Frequency Description and Evolution Wireless networks are complex mesh of radio frequencies that have exclusive license to operate by the Federal Communication Commission (FCC). This mesh of licensed frequencies allows cellular communications to be delivered at a wide variety of scales. The scale that can be covered by the frequencies is directly proportional to the type of spectrum being used and distance between each set of antennas delivering the signals. This section Is designed to distil the basic components of cell technologies and their evolution to the networks present today. Radio Frequency (RF) Is a frequency or band of frequencies In the range 104 to 1011 or 1011 Hz at which radio waves are transmitted, and they're suitable for use in telecommunications. Hertz (Hz) is the unit of RF and It refers to the number of cycles per second. Wavelength is the distance between successive crest of a wave, peaks of the electromagnetic waves. The relationship between RF and Wavelength is as follows: Wavelength = C/Frequency where C Is the speed of light (3 x 10" m/s). Radio Frequencies are allocated and regulated by the FCC and are a part of the electromagnetic spectrum. Case No. 1a -a10 Application Package CASE: Ppg�N,PE11t 110 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.ea PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: MARCH 16, 2016 ElectromepnNk spectrum • r DIRECT WRFLELY Im gl0 OW.Kf MRAREp vl1 gtTRAYIIXET XRAYS GAMMA NRRENI LOw n1Eoormt RA GA. LWM R4Y5 iRE WEMCY H 0 W IP ID• 10. 10" 10'1 10" 111. 1a'• 10' lo" Renuancy InveS Per eecgnd (Ba)) L.11.1uencY=bng raveknplD �� NIpM1 FeauencY=shun warei¢npeN INON-IONISINGRAOV.l I IONISING PApiATION ' t The FCC has established safety guidelines for Human Exposure to Radiofrequency Electromagnetic Fields that broadcaster/wireless carriers must adhere to. A cellular network is a radio network distributed over land through cells where each cell includes a fixed location transceiver known as base station. Multiple cells together provide radio coverage over larger geographical areas. Through this mess of cells user equipment (UE), such as mobile phones, is able to communicate while moving through the network of cells. (Janssen) In a cellular network, cells are generally organized in clusters. There is 'base station' at the center of each cell, which houses the transmitter/receiver antennae and switching equipment. The size of a cell depends on the density of subscribers in an area: for example, in a densely populated area, the capacity of the network can be improved by reducing the size of a cell or by adding more overlapping cells. This increases the number of channels available without increasing the actual number of frequencies being used. All base stations are connected to a central point, called the Mobile Switching Office (MSO). Base stations are connected either by fixed lines or microwave. The MSO is generally connected to the PSTN (Public Switched Telephone Network. (ITU) Mobile communication operators use radio spectrum to provide mobile calling and data services. In order to keep up with a demand that is exponentially growing, the technology continues to evolve.' lhttp://www.scampstudy.org/wordpress/wp-content/uploads/2014/05/mobile.jpg z http://image.slidesharecdn.com/tisingalfdwdigitalcellular2l-5-2012-120914125908-phpapp0l- 140212235959-phpappOl/95/digital-cellular-network-tech nology-7-638.jpg?cb=1392249687 Case No. 16010 Application Pact age CASE: PogaiPI G�� 59 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P It Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: MARCH 16, 2016 Base stations public Switebed Telephone Network \/ i Mobile 1 = subscribe, tF®Yl unit Links •l1 , Two-waysadio CeOs -i 'MTSO= Mobile Telephone Switching Office Evolution of Cellular Networks Hi Geter>itial SIOW GOOV on) Third GelKntkn FMrs r�r� n Analog Tram Digital Tram Digital Tram Digital Tarn Wilily *Kh MNnly Speech Speech and Video Vo a Band Data .Digital Data Irritating Digital Data Mainly Digital Data Circuit Scotched _ Imeasnlgly kbinly i Packet Wtdlad Pad& Swltchod Loral Systems I Gubd Roasting Global Roaming Global Rommng First -generation (1G) mobile networks used analog transmission for speech services. Advanced Mobile Phone System (AMPS) was launched in the US in 1982. The system was allocated a 40 -MHz bandwidth within the 800 to 900MHz frequency range by the FCC. The smallest frequency reuse factor that would fulfill the 18db signal -to - Case No. 16-010 Appniraton Package 16-010 (Postponed from the June 15, 2016 meeting) P098e @6Q2[j§ Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z. a. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: MARCH 16, 2016 interference ratio (SIR) using 120 -degree directional antennas was found to be 7. Hence, a 7 -cell reuse pattern was adopted for AMPS. Transmissions from the base stations to mobiles occurred over the forward or transmit channel using frequencies between 869-894MHz. The reverse or receive channel is used for transmissions from mobiles to base station, using frequencies between 824-849 MHz AMPS and TACS use the frequency modulation (FM) technique for radio transmission. Traffic is multiplexed onto an FDMA (frequency division multiple access) system. (Sharma, 2013) Second —generation (2G) mobile networks were Introduced in the 1980s. They used digital multiple access technologies such as TDMA (time division multiple access) and CDMA (code division multiple access). Compared to its predecessor, these systems provided higher spectrum efficiency, better data services and roaming. 2G is generally associated with GSM (Global System formable) but in the US the first digital systems that were deployed were IS -54 (TDMA) and IS -95 (COMA) in the early 1990's. Third Generation (3G) networks (WCDMA In UMTS, CDMA2000 &TD-SCDMA) promised faster communications services, to Include voice, data services, anytime and anywhere with an information transfer rate of at least 2Mbps, with seamless global roaming. The first 3G network was deployed in Japan in 2001. Before 3G, cellular networks had been developed under a number of proprietary, regional and national standards, creating a fragmented market. But in 2000, under the leadership of the International Telecommunications Union (ITU), a decision to adopt a global industry standard was unanimously approved (Shrama 2013). The new standard included the technical specifications for third generation systems under the brand IMT-2000.This approval meant that for the first time, full interoperability and interworking of mobile systems could be achieved. IMT -2000 is the result of collaboration of many entities, inside the ITU (ITU -R and ITU -T), and outside the ITU (3G PP, 36PP2, UWCC and so on). Inal Fourth Generation (4G) networks is an all IP based system. 46 networks can Integrate several radio access networks with fixed internet network as the backbone. There is a core interface between the core network and the radio access network. A group of radio interfaces is used to communicate between the radio access network and the mobile users. This Integration combines multiple radio access networks Into a single network to provide the best connected services. (Mohammad, 2013) Dem JG 40 Fdl 1 ",hn' up 10 100ARrPc Spmd Up ro± Ln" u,abany Up to 1 % I DkI iculry• of r1oW Service% rawx Roauune wuothly Wmka caacept Curuu and packet Blmdbawl FnWely IP -ba" i Core Ntlwwk m1c aclid%wrlr6,u i WCDf1, Ali ecce,% cm%ecpenct C13MA±000, mrlu&ae OfDN, NC -CDMA j T es I TD-SCDMA I LAS -CDN — 2--k-LNPS 3 http://www.slideshare.net/noorec786/generations-of-network-l-g-2g-3g-4g-Sg?related=l Case No. 16010 Application Package 16-010 (Postponed from the June 15, 2016 meeting) P098d b�$J§ Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: MARCH 16, 2016 Some Factors that affect wireless network Performance D Physical Obstructions — Wireless signals have difficulty penetrating solid objects such as hills, buildings, foliage, etc. The more obstructions there are between the transmitter and receiver the higher the chances of a poor signal level. D Network Range and Distance between Devices—The way wireless signal propagates and with obstructions on the way, the further apart the devices are, the weaker the signal becomes. The signal strength decreases, roughly in an inverse cubic relation with respect to the distance between two devices (4Gon Solutions). For example, if the distance between two devices doubles, the signal becomes at least eight times weaker. Network Usage and Load — If the number of active users In the network increases due to a special event orsomething of that nature, the resources required to supportthem may not be available. Hence reducing network performance by decreased data speeds or reduced accessibility. 1.2 Telecommunications Act of 1996 TheTelecommunications Act of 1996 was enacted to encourage the rapid deployment of new telecommunications technologies, while also preserving state and local control over zoning matters. T -Mobile Northeast LLCv. City of Lawrence, 755 F.Supp.2d 286, 290 (D. Mass. 2010) (internal citations omitted). The Act generally preserves state and local authority over the placement and construction of telecommunication tower facilities. That said the Act places several enumerated limitations on local control. Specifically, the Act dictates that: (1) A local government cannot unreasonably discriminate among providers of functionally equivalent services; and (2) A local government cannot prohibit or effectively prohibit the provision of personal wireless services; and (3) A local government cannot deny or limit an application for the construction of a wireless tower on the basis of the health or environmental effects of radio frequency emissions, as long as the proposed tower complies with FCC requirements for emissions; and (4) Any local government decision to deny a request to construct personal wireless facilities must be In writing and supported by substantial evidence. Id. (citing 47 U.S.C. 332(c)(7)). Since the Act's adoption, federal courts have assessed the application of these limitations and concluded that "a significant gap in service (and thus an effective prohibition of service) exists whenever a provider is prevented from filling a significant gap in Its own service coverage." MetroPC5, Inc. v. City & Cnty. of San Francisco, 400 F.3d 715, 733 (9th Cir. 2005). Essentially, the Act precludes a municipality from restricting the construction of new infrastructure reouired by a Provider to fill a gap in its networkeven if coverage is available from other providers in the area. Put another way, the fact that coverage is provided by another carrier in the area cannot be relied upon by a local land use commission to deny a permit application for a new tower. Case No. 16010 Application Package CASE:16-010 (Postponed from the June 15, 2016 meeting) P096e pba31§ Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-0 P is Z REGULAR MEETING: MARCH 16, 2016 Any decision by a local zoning board denying a conditional use permit to construct a personal wireless services facility must be In writing and supported by substantial evidence. Where a provider has demonstrated a significant gap In Its service coverage and proposed the least intrusive means to fill this gap, the burden of proof shifts to the zoning board to demonstrate that the record contains substantial evidence in support of Its decision. When a provider has made a prima facie showing that a proposed tower is the least intrusive means of filling a significant gap in service, even if a zoning board's dental Is supported by substantial evidence the Commission must also specifically show that there are some potentially available and technologically feasible alternatives for construction. T -Mobile USA v. City of Anocortes, 572 F.3d 987, 998 (9th Cir. 2009). The provider must then have an opportunity to dispute the availability and feasibility of the alternatives favored by the locality. Id. 2.0 Existing Significant Gap in AWN Coverage The area of Kodiak in the vicinity of the Kodiak Hospital is characterized by inconsistent AWN voice and data coverage, which results Ina significant gap In coverage for the AWN system. Figure 1 shows the multiple coverage gaps disbursed across the surrounding area in the City of Kodiak, and Figure 2 further confirms the presence of these coverage gaps through current drive -test data. Figure 1: Existing Area Coverage Case No, 16010 Application Package CASE: PORV941P 350 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z,e. PUBLIC HEARING ITEM 7-A P is Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-13 P Is Z REGULAR MEETING: MARCH 16, 2016 Figure 2: Drive Test Data :, The above map is from actual drive test data. Areas colored red and yellow denote marginal to poor coverage. As explained in Section 1.1, RF propagation can he Influenced by multiple factors. These include foliage, dense vegetation, building materials and terrain. Because projected coverage and actual coverage can differ in some instances the coverage maps used on the AWN website depict approximate coverage based on the theoretical extent. The coverage depicted in the online coverage maps is not Intended to depict the quality or reliability of coverage. The online coverage maps are intended to illustrate the maximum theoretical extent of coverage based on ideal conditions. For this reason all online coverage tools are appropriately cited "maps depict approximate coverage and may not be available at all times in all areas". The propagation map included above is the most accurate, up-to-date representation of the coverage available an the AWN network in this area of Kodiak. 2.1 Site Selection Process To fill the significant gaps in AWN's service Identified above, AWN engineers used computer modeling to determine an idealized design point for tower construction and a surrounding search radius containing properties which, dependent upon topography and other surface Interference, could serve as a build location. A potential tower location must be within the search ring in order to fill the existing significant gap in AWN's coverage. Figure 3 shows the design point and search radius for this tower project Case No. 16-010 Application Package CASE: ���� 3� p�17L�� 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: MARCH 10, 2010 Figure 3: Project Search Ring Figure 4: Project Search Ring with Zoning Kodak Island Borough GIS R4bs2c Qwn�wen-w Yaiwr.r n.�m s.m.a_n.. _ Case No. 16-O W Application Package CASE: P989 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P a Z REGULAR MEETING: MARCH 16, 2016 AWN's preference Is to co -locate on existing towers wherever possible. There are no existing towers within the search ring for this tower, thus, collocation is not possible here. AWN nerd turned to parcels of property located within the search ring which are in the Public Lands district, and thus explicitly zoned to allow placement of utility infrastructure(including towers). Figure 4 shows parcels of land in the gap area which are zoned to allow placement of utility infrastructure (to include towers). AWN approached the City of Kodiak, the Kodiak Island Borough, the Kodiak Baptist Mission, and Legacy, LLC to attempt to negotiate placement of the communication tower. Each of these property owners declined to rent space for a tower to AWN. The search ring encompasses areas of residential use, which AWN attempted to avoid in Its site -selection process. The area to the north of the proposed location at Bartel Avenue encroaches on airspace restrictions due to existing float plane use on Lilly Lake and the air strip. This part of the search ring is not viable for siting of a tower due to height restrictions. The topography of the land south of E Rezanof Drive slopes down significantly. Siting of a tower in this area would require a tower height significantly taller than that of the proposed tower to provide service required. Actual tower height located below E Rezanof Drive would depend on final site selected and could require a tower significantly taller than 100 feet. Discussions with Robert Pederson, Director, Community Development, after being denied access to the large parcel of land forthe Kodiak Hospital, Indicated a viable option was to locate on business zoned parcels pursuant to KIBC 17.90.020.EE (permitting "radio station" use in the Business District). AWN understands that this has been a consistent past practice in the Borough. Review of the FCC Antenna Registration database, and comparison to KIB zoning, currently shows 3 existing towers which have been constructed pursuant to KIBC 17.90.020.EE In the Business District: ASR Number Date constructed ZoningLocation Height 1281517 12/2/2011 Business Near Kodiak Municipal Airport 60 ft 1255031 10/20/2000 Business 3174 Mill Bay Rd 1 66 ft 1279654 8/13/2001 Business City of Kodiak I69ft Contact was made with the owner of the below parcel which is zoned business. The owner of the lot is MITI Bay LLC. This parcel is located within the boundary of the AWN search ring for site placement. A lease agreement was negotiated to allow placement of a 67 foot tali communication tower. Figure 5 shows the location of the proposed tower construction. Cu. No. 16-010Appllmgon Package CASE: Pogo ����it'z�� 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-e P 8 Z REGULAR MEETING: MARCH 16, 2016 Figure 5: Proposed Tower Location I Lr4 V dRIP YP P.\LAPIRF PgOPe5p1 IS WCE LfLIPARCELin. ♦ KfA3 43lYbT PARCEL (R: i dlS1NG VILM, [ASEYFYT \•\ ,tt R%r EMME T' V1lRY YLLG IGr. LLL EARYEHT � ♦ •w•r JIxPARI I! � IT S ♦`♦ PLCIL lR: 11267 t� BiAz Y ftC \ GIGLL L RCEk14 ! Lr Y ' R?- ,P" "'Ifla NCNAP S" AREA LILdL JIRPARK BE I LT 18 ti PARCEL 10: 14219 2.3 Tower and Site Design Through strategic choices in site design and tower height the proposed construction is designed to rill the significant gap in AWN's coverage in the least Intrusive manner possible. The proposed site is located on a parcel of land zoned for business. The current use of the lot where the tower is proposed is business and automotive storage. There are several Conex containers, automobiles, boats, etc. on the property. Neighboring properties are used for similar business purposes. As described above, the selected site enables AWN to fill its coverage gap with the shortest possible tower, a tower located south of E Rezanof Drive would need to be much taller and, thus, have a more significant Impact on the surrounding neighborhood. A detailed site plan for the tower construction Is Included with this application as Exhibit A. The design drawings are certified by a licensed professional engineer demonstrating soundness and conformity with all applicable building,mechanical, and electrical codes, as well as State and federal law. The tower complex will be surrounded by a combination chain link/barbed wire fence which is 8' in height. Access to the tower site is via an existing driveway. The tower Is designed to be the minimum height necessary to assure that the significant gap in AWN's service coverage can be filled. The proposed tower height of 67 feet exceeds the 50 -foot height limitation set forth in KIB Chapter 17.90 B- Business District As such, AWN is requesting a variance to allow construction of the additional required height. The proposed construction otherwise complies with the setback requirements and all other zoning requirements of the Business District. As set forth above, there are no less -Intrusive alternate locations available outside of the Business District which will permit AWN to close the existing significant gap in its coverage. Case No. 16-010 ApplimUon Package CASE: PROS 3OAM0 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z. a. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-8 P 8 Z REGULAR MEETING: MARCH 16, 2016 Figure 6: Coverage with New Bartel Tower at 50 feet Figure 6 shows the coverage which would be provided by a new tower at a height of 50 feet. The proposed location is denoted by the red dot labeled "Bartel." As demonstrated by these propagation maps, a 50 -foot tower would not fill the existing significant gaps in AWN's coverage in this area of Kodiak. Figure 7: Coverage with New Bartel Tower at 67 feet Case No. 16-010 Application Package CASE: P986 i&fu l 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.a. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING: MARCH 16, 2016 Figure 7 shows the coverage which will be provided by the new tower at a height of 67 feet (antennas mounted at the 64 foot level). As demonstrated by these propagation maps, the proposed tower at 67 feet provides a significant improvement to the gap in AWN's coverage in this area of Kodiak. Figure 8: Coverage with ACS Terminal and No Bartel Tower Figure 8 shows the coverage which will be provided by the new co -location of GCI equipment at the ACS Terminal tower on Near Island. While this co -location improves coverage In the area of concern it does address the significant coverage gaps in the area of the proposed Bartel tower. Case No. 16-010 Application Package CASE: pap m6v35§ 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 PBZ Regular Meeting AGENDA ITEM #Z, a. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: MARCH 16, 2016 Figure 9: Coverage with ACS Terminal and Bartel Figure 9 shows the coverage which will be provided by the new co -location of GCI equipment at the AGS Terminal tower on Near Island and the proposed 67 foot tower at Bartel. In conjunction with reorientation of the AWN sectors on the -Kodiak North tower (pictured in Figure 9), this combination of sites will allow AWN to essentially eradicate its existing coverage gaps in downtown Kodiak. It is AWN's policy to construct all wireless infrastructures to an engineering standard that allows multiple carriers to locate equipment on the structure. The proposed tower is designed and engineered to accommodate two additional sets of antennas, of equal or lesser specification to AWN's proposed equipment, yielding the ability to co -locate two additional carriers on the structure. With the inclusion of the AWN antennas, the structure allows for a total of 3 carriers on the tower. We include larger versions of the above propagation maps as part of Exhibit D. 2.4 Tower Illumination AWN prefers not to illuminate towers. Illumination is typically only installed when instructed by the FAA for the health and safety of aviators or when otherwise required by federal and state agencies, though there are Instances where AWN has voluntarily lit a piece of Infrastructure at the request of the local community. The FAA has determined that no marking or lighting is required for this tower location (FAA Determination of No Hazard). Documentation is attached to this application as Exhibit B. The document can also be searched and downloaded from the FAA's website using Aeronautical Study Number 2015 -AAL -277 -OE. AWN will not install aviator illumination, or any other type of illumination, on this tower. Case No. 16-010Application Package CASE: ���� 3�6°�112�� 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #2.e. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-0 P & Z REGULAR MEETING: MARCH 16, 2016 3.0 Variance Application Criteria (KIBC 17.195.050) Asset forth above, AWN's proposed tower must be a minimum of sixty seven feet (67') tall to address the existing significant gap in coverage. As such, the tower will exceed the maximum building height permitted in the business district (fifty feet (50')) by seventeen feet (17') and requires a variance for construction. The proposed tower meets or exceeds all approval criteria for such a variance set by KIBC 17.195.050. The project will protect the public health, safety, and welfare, will not injure the lawful use of neighboring uses, and is generally in harmony with the comprehensive plan. Each applicable requirement is addressed in greater depth below. 3.1. That there are exceptional physical circumstances or conditions applicable to the property or its intended use or development which do not apply generally to other properties in the same land district (KIBC 17.195.050.A.1). As described above, the proposed tower construction site is uniquely situated in that it is the only reasonably available and technically feasible property which AWN can use to fill an existing significant gap in its wireless coverage. Pursuant to 47 U.S.C. 332(c)(7), AWN is justified in requesting use of the site for a telecommunications facility. As further set forth above, the proposed tower height is the minimum necessary to provide coverage which will fill the AWN's existing significant coverage gap. The lot is in the Business District and is used for storage; items on site include several Conex containers for the landowner's use and vehicle and boat storage. There are three existing towers In the Kodiak Island Borough which have been constructed pursuant to KIBC 17.90.020.EE in the Business District and granted height variances pursuant to KIBC 17.195.050. 3.2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship (KIBC 17.195.050.A.2). Strict application of the height limitations in the Business District will prevent this tower project from moving forward. If AWN is not permitted to move forward with construction of the proposed tower, it will be technically unable to fill an existing significant gap in its wireless coverage. This parcel is the only reasonably available and technically feasible location for construction of the planned tower. As set forth above, the owners of all parcels outside of the Business District, located within AWN's search ring, and zoned for utility installations elected not to lease to AWN. As also set forth in greater depth above, a fifty foot (50') tower would not fill the existing gap in AWN's coverage. As such, a variance is required to construct a tower at the minimum possible height to address the coverage gap. 3.3 That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public health, safety or general welfare (KIBC 17.195.050.A.3). AWN's proposed tower will affirmatively protect the public health, safety, and general welfare by providing reliable wireless service in an area of the Kodiak Island Borough which currently lacks such coverage on the AWN network. Case No. 16-010 Application Package CASE: pflys �B�baig 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #2.e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-8 P & Z REGULAR MEETING: MARCH 16, 2016 The area surrounding the proposed tower project is primarily in the Business District with buildings and storage yards nearby. The proposed tower is only sixty-seven feet (67') tall, and is constructed at the minimum possible height to address AWN's existing service gap. Surrounding neighborhoods south and west of the proposed tower have screening from existing trees. Neighborhoods across Lilly Lake, north of the tower, will have minimal view impact due to the tower being only 67 feet in height. Photo simulations were prepared in several locations to illustrate the proposed tower and visual impact to the surrounding area. A galvanized pole is represented in each location, but AWN can paint the pole per the planning commission's request. The photo simulations are included in Exhibit C for the locations indicated in Figure 10. Figure 30: Photo locations for visual analysis A total of eight photographs were taken with four at 500 feet distance and four at 1000 feet distance from the proposed tower location. GCI created photo simulations of the proposed 67 foot tower from the eight vantage points facing toward the tower. Photos labeled 500 ft NE and 500 ft SW are viewed from Mill Bay Road which is lined with business lots. The tower is visible. Photos labeled 500 ft S and 500 ft SE are taken from the view point of residential lots. In both photographs the tower is visible but obscured by trees. In the photos from 1000 feet away from the tower, the tower is minimally visible from the specific points selected. Photographs were collected from public access points. Case No. 16010 Application Package 6-01 1 16-010 (Postponed from the June 15, 2016 meeting) PROS %wham Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: MARCH 16, 2016 Asset out above, federal law requires that ace I lular tower must meet FCC established safety guidelines for Human Exposure to Radiofrequency Electromagnetic Fields in order to receive a license. When these standards are met, local zoning authorities cannot issue decisions regarding the placement of a wireless tower on the basis of the environmental or health impacts of such tower. The FCC is responsible for maintaining the registration of antenna structures. The antenna structure registration (ASR) is a unique numeric identifier that illustrates the structure has gone through the appropriate aviation hazard study and complies with FCC rules for a registered structure. The proposed structure has been reviewed by the FCC and is in compliance with the standards of the FCC. Both the ASR number for this structure and the FCC license can be provided to Kodiak Borough when received. Once assigned the ASR can also be searched using the A511 number and downloaded from the FCC website. The tower foundation has been designed by a professional engineer registered in Alaska. A soil boring at the proposed location was collected and evaluated by the engineer in the final foundation design. Documents attached include the foundation design, civil and electrical design. All design elements are sealed by Alaska registered engineers. In sum, the proposed tower complies with all governing law, is designed to minimize the impact on adjoining properties, and will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public health, safety or general welfare. 3.4 That the granting of the variance will not be contrary to the objectives of the comprehensive plan (KIBC 17.195.050.A.4). The proposed height variance does not conflict with the objectives of the 2008 Kodiak Island Borough Comprehensive Plan, which addresses the Business District as an appropriate location for "a variety of retail and other business uses" (pg. 51). The Comprehensive Plan describes the telecommunications options available in the Borough as of the time of drafting (pg. 141) and calls out areas of the Borough which lack access to wireless/cellular and broadband services. The planned construction will increase the array of options available to consumers located within the existing significant gap and provide consistent, reliable cellular and wireless broadband services in this area. 3.5 That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance (KIBC 17.195.050.A.5). AWN's actions did not cause the special conditions from which relief is being sought by this variance. As set forth in the narrative above, AWN contacted every owner of property within its search ring with property zoned for construction of utility installations. Every owner of such property refused to lease space to AWN for a tower. Because all such requests were denied, AWN was required to pursue construction of a tower in the Business District pursuant to KIBC 17.90.020.EE. Currently there are three other towers in Kodiak Borough located in the Business District which have been granted similar height variances for construction. As set out in greater depth above, AWN is proposing construction of a tower at the minimum possible height necessary to close the significant gap in its existing wireless service. Case No. 16-010 Application Package CASE: plan gafP�l ml 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.a. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-8 P & Z REGULAR MEETING: MARCH 16, 2016 3.6 That granting the variance will not permit a prohibited land use in the district involved (KIBC 17.195.050.A.6). The proposed tower will be constructed pursuant to KIBC 17.90.020.EE (permitting "radio station' use in the Business District). AWN understands that it has been a consistent past practice in the Borough to permit cell tower construction under KIBC 17.90.020.EE. Review of the FCC Antenna Registration database, and comparison to KIB zoning, currently shows 3 existing towers which have been constructed in the Business District. The tower height of 67 feet is necessary to provide coverage to underserved area for AWN in Kodiak. 4.0 Conclusion AWN's Kodiak network includes several small but significant gaps in coverage in the general urban area surrounding the Kodiak Hospital. After a search of available sites which could meet the technical requirements necessary to fill these coverage gaps, AWN has identified Lot 3, Block 4, Airpark Subdivision 1, as the location which will allow for construction meeting Kodiak Borough requirements. As described in detail in this application, this tower location is the least intrusive and most appropriate option to meet the significant gap in AWN's coverage, which can only be met through placement of a tower in the Business District. Finally, AWN's proposed tower will affirmatively protect the public health, safety, and welfare by providing cellular and wireless broadband services to a currently inconsistently served are of the Kodiak Island Borough, impacting both area households and residents and transient customers seeking to access this technology from roadways and public spaces in the Borough. We believe we have exceeded the burden of proof outlined in KI BC 17.195 for the requested seventeen foot (17') height variance. Therefore AWN respectfully requests that the Planning Commission grant a Variance for construction of a 67' monopole tower on Lot 3, Block 4, Airpark Subdivision 1. Case No. 16-010 Application Package CASE: Np il3A N 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z. e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING: MARCH 16, 2016 5.0 Exhibits Exhibit A: Sealed Construction Documents Exhibit B: FAA Determination Exhibit C: Photo Simulations Exhibit D: Figures 1- 9 Exhibit E: Redacted Lease Agreement Case No, 16-010 Application Package CASE: 16-010 (Postponed from the June 15, 2016 meeting) N"f R59 Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z. a. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: MARCH 16, 2016 Exhibit A Construction Documents Case No. 16010 Application Package CASE: Np qq-rpv 35§ 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM ao. 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PUBLIC HEARING ITEM 7-A P &Z REGULAR MEETING: JULY 13, 2015 PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: MARCH 16.2015 ® 1 Faidwlm Avenue Peoria, IL 51603 USA Phone 309568-3000 FAX 309.5663079 November 5, 2015 GCI Atm: Philip Weisman 3550 Denali Street Suite 1000 Anchorage, AK. 99503 Reference: Kodiak, Kodiak Island Borough County, AK. 64 R Tapered Steel Pole File Number: 216090 Enclosed, please rind the following for your use: Copies Drawin¢Number Description 2 216080 -01 -DI Design Drawing Sealed for the State of Alaska 2 216080 -01 -FI Mat with Raised Pier Foundation Sealed for the State of Alaska Contact Phone Number: 907 868 2644 Email Also: pweismanQagci.wm Sincerely, Danny Otten cTp Products for a Cit-owin,y' World of Ta,�hnolog.- Gem No.15-010 Application Package CASE: 16-010 (Postponed from the June 15, 2016 meeting) Pme 93(A1135§ Case packet from the July 13, 2016 P&Z Regular Meeting n Products LLC PURCHASER: NAME OF PRODUCT: FILE NUMBER: DRAWINGNUMBER: AGENDA ITEM #Z. a. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-8 P & Z REGULAR MEETING: MARCH 16. 2016 1 Faiftim Avenue Peoria. IL 61603 USA Phone 309-566-3000 FAX 309.566-3070 GCI KODIAK, KODIAK ISLAND BOROUGH COUNTY, ALASKA 64 FTTAPERED STEEL POLE 216080 216080 -01 -DI AND 216080 -01 -FI I CERTIFY THAT THE ATTACHED DRAWINGS AND CALCULATIONS WERE PREPARED UNDER MY SUPERVISION IN ACCORDANCE WITH THE LOADING AND SOIL CRITERIA SPECIFIED BY THE PURCHASER AND THAT 1 AM A REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF ALASKA. Products for a Growing World of l echnology� Cues No. 16-010 ApplNsdon Package 16-010 (Postponed from the June 15, 2016 meeting) Ppg6e 9Q� L?35§ Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Ze. p @ 6��gygy4 ¢U�MPgiR Jill 11H 1 M111 1124OR fila 1v[ b S t h Yg i 5 J �n 95pe u CASE: Pde6e'49P6i�9@ 16-010 (Postponeo from the June 16, 2016 meeting) Case packet from the July 13, 2016 PSZ Regular Meeting 8 gg9� 54ggGjgg���-�� S� 5d Sd CASE: Pde6e'49P6i�9@ 16-010 (Postponeo from the June 16, 2016 meeting) Case packet from the July 13, 2016 PSZ Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: MARCH 16, 2016 =G 9 N B € W C a �a �g35 11 22 ff8$ �@°a �°s F�$ ll jigs $ E 69 1 a sa 9 -P5 5 g ti $ ew $_;;$ g va ec'A$ ` as tau `ve as100 FIR -n 4g a t" a a g�EU �CJ10a6 a j_F§ �9 as B aX3 $ _= m ? 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PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2O16 PUBLIC HEARING ITEM 7-0 P &Z REGULAR MEETING: MARCH 16, 2016 rSoft �• I\ENGNIFFBTWSBf �ToweS. 25icrar - v iS.8 Sav9i Malyala Pzoq[a LicenaM to: POIW Pzodae[s LLC (c( 3991-1019 SovecBoft wv.282ovBL.cm Peocl9, IL Film: l9:\Su1me\1015\2160B0\216080.net .upset: 216080 aevi.lss: B Pro)eet: 64 [S. 2APeam 82684 POt.E Hite: .=, .V. psF and 21a: 11/3/2015 3:97:09 RI 8e91neer: sN , r/A/If Design Smndard: ANSUTIA-222-0,2005 Add- Ult mete Oeaign (Ylyd Speed (No Ice) -160.0 (mph) Nominal Design W nd Speed (No lee) a 123,9 (mph) Basic Wool Speed Kdh Ice) `60.0 (mph) Design Ice Thickness -025(n) / 86 . Close, - II Esposum Category- D Topographic Category -1 Sc[ LLength Oredap Fop Dia.Bot Dia. 1hrL (N 0) nil lm , 1 40.00 4.08 3024 36.75 02500 2 2808 ODD 26.71 3128 0.1975 64 00 MAXIMUM BASE REACTIONS Download(Kips) 25A Shear O6ps) 24.0 Mom.ntNpsB) 1135A Casa No. 16-010 Applira0pn Package CASE:Pa98e1 Q§30bI' m§ 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting WowerSoft FNG41EEflING SOFTWARE TRToeer - v 5.5.8 Tover An"Yale Prov 9r Icl 199]-3016 2oue[soft mw 34omer.wm AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P b Z REGULAR MEETING: MARCH 16, 2016 �e Lipnaed to: BORN Products LLc Pserls, = File Y:\Oaba\2015\216080\3160.0...[ Cwtra.t: 3160.0 Revision: 0 Project: 66 FT. TAPERED as®. Poor 910: RDDtM, AN Dere And Ti.; 11/3/2015 3:67:09 PN E^9lneer: Sit Section A: PRDOECT OATH Project Title: 64 It. TAPERED STEEL POLE Easter Mame: GCI Site: 'GAINS, AA Contract Mo.: 216080 / Revision: 0 Engineer: 9N Date. Nav 3 2015 TIME; 03:12101 PM Design Standard: ANSI/TIA-222-G-2005 Addend. 2 GENERAL DESIGN CONDITIONS Start Mind dltectlar: 0.00 [Deg) End Mind direction: 315.00 ID091 Increment Mind direction: 45.00 (Degl Elevation above ground: 0.00Ift) / Gust Response Factor DR: 1.10 Structure class: 11 Raposure category: 0 Topographic category: 1 Materiel Density: 690.1llba/fE-31 Young.. Rental..: 29000.0(tsi) Poisaan Ratio: 0.30 Weight Multiplier: 1.06 MIND DNLY CONDITIONS: Nltivte Design Mind speed INa Ice): 160.OD(¢h) Handeal Design Mind Speed IM. Ice): 123.94(apRl Directionality Factor Rd: 0.95 Igortance Factor 1: 1.Op Mind Load Factor: 1.60 used Load Facto[: 1.20 MINE AND ICE CONDITIGN3: Music Mind Speed larch Ice): 60.00he h) Directionality Factor Ad: 0.95 Mind Load Importance Factor IM: 1.Oa Ice Thickness Importance Factor It: 1.0E / Ice Thickness: 0.2541.1 Ice penalty: 56.19(lba/ft-31 Wind Load Factor: 1.00 Dead Load Factor: 1.20 Ice Iced Facto[: 1.00 MIND ONLY SERVICEAMILITY COIDITIDNS: Serviceability Mind Speed: 60.90(Whl Directionality Factor Rd: .as Import..C. Factor 1: 1.00 Wind Load Factor: 1.00 Deed Load Factor: 1.00 EARTHQUAKE CONDITIONS: Site clews definition: D Spectral response Acceleration as: 1.526 Spectral response acceleration 51: 0.901 Attele [a [i on -.Seed it. coefficient Fe: 1.000 Velocity -based site coefficient h: 1.500 Design Spectral ..sponse acceleration SE.: 1.037 Design Spectral response acceleration Sol: 0.903 Seisms ...1,.ia Iuthad: 2 page A 1 Cam No. 16-010 Application Package CASE: 16-010 (Postponed from the June 15, 2016 meeting) PoRee1933AR59 Case packet from the July 13, 2016 PBZ Regular Meeting �TowerSoft ENOniEP]WMf TSTover - n v 5.5.8 5.5.6 Toeer Analysis Program Icl 1997-2014 Savec3o[[ we.TSTovez. — com AGENDA ITEM #Z. a. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-8 P 8 Z REGULAR MEETING: MARCH 16.2016 Rome Licensed to: MEN Products LLC Peoria, 1L Fila: N:\Jobs\2015\316060\316060. wt MContract 2160eo Pevivion: 0 Broject: 64 Ft. TAPSa1D STSSL POIB Site: Rm1An, at Data aM Tisa: 11/3/3015 3:47:09 M Engineer: SH Fundamental frequency of structure tl: 1.013 Analysis performed using: TaverSaR Finite Element Analysis Program Page A 2 Case No. 16-010 Application Package CASE:Poise149s°bH51 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING: MARCH 16, 2016 TowerSoft ENG VEERING 808TWME RO,Ne YET wer - v E EA Tover Mail— ..egf. o LiCNaed to: ROMs Prndnete LLC Irl 1991-2a16 T.—Soft—..TSTo....caa Peaela, IL File: W:\Job5\2015\216080\21608Q.oUt Contract: 2160.0 Harrier— 0 Project: 64 FT. TA9L.® STEL FOf.. Site: ROD. t. AS hate and Tim: 11/3/2015 3:41;09 PM Engineer: Sol Section B: STBUCTUnB GEOPETBY Total Height Sot_nn Oiane[e[ Top D1aSe ter "t,(int lin) 64.00 36.]5 26.]1 Sect. Length overlap Bot Dia. Tap die. Thick. No Ift) (ft) (in) lin) (inl 1 40.00 4.00 36.75 3D.24 0.2500 2 28.08 0.00 31.20 26.11 0.1015 Total Hasa Sides Joint Type Yield Naae Calculated Staese Taper l jai) "'a) lin/ft) 18-11ded Flange 65.0 3806.3 0.16271 10 -aided Telescopic 65.0 1736.7 0.16273 55430 Page B 1 Case No. 16-010 ApplicaUan Package CASE:F�H�e1 99AP 350 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z. e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: MARCH 16.2016 IgTowerSoft name ENcniwe soc oft TSTavet - v 5.5.8 Sauer Analysis Progru L cwaeM to: BOW! fteduate L[.0 Irl 1991-2019 SovetSaft—.TSTovnc.cos Peoria, IL rile: P:\.lehx\201S\2160B0\2160B0.eNt Contract: 216080 Revision: 0 Prolmct: 66 R. TAPiO® STB W. PDLB Site: AOOIAA, M Wte etW Tlae: 11/I/2015 3:91:09 IN ae'leaar: BM Section C: ANTENNA LATA Structure Azimuth from North: 0 AerwNAs Ant Elev. Antenna Ant None. Mount Type Noun Tx Une Nounting Pipe Be Na. (1) Type Azle. Radius Arim. (I)Type Sire Length (it) Iftl III) (in) Full Shielded / 1 69.00 pl P12 Wo reduce 0 1.50 0 1.00 Vett. O[feet 0.00 Iftl / 2 59.00 Ill P12 art. red. 0 1.50 0 1.00 Vert. 0[finet 0.00 (it) ANPWINA AND NNNT WINO AREAS AND WOMB Bar Antenna/event Frontal Lateral Frontal Lateral Nelght Weight Frequency Allowable Gh haunt N0. Bare Area Bare Area Iced Area Iced Area Bare Iced Signal Na (ft) -2 Iftl-2 Iftl-2 Ifti-2 µhal (lb.) GNt Wes dB 1 PL2 w/o radoee 5.91 0.16 5.91 0.16 11.68 98.12 6.00 10 1.10 2 PL2 w/o radome 5.91 0.16 5.91 0.16 11.61 91.63 6.00 10 1.10 Page C 1 Cess No. 16-010 App1kagon Package CASE: P1?Y6e112Ailh§ 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #2.9. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING: MARCH 16. 2016 TowerSoft e SOFTWARE TSSovei - v S.S.a Sovex .balyviv Piv9xu L1CanaM en: BOIW Piedoc[l LK Ir.) 3997-2011 TowxSaft ew.T6Towt.. PaOxia. It. Bile: N:\lobs\2015\216060\216080.aot contract: 216080 llwlsl.: 0 Project: 64". SAPNNO 326E POLE sets: AOOIRA. AA Gate and m Ti: 11/3/2015 3:17:09 M En9inesx: . Section D: TFUNEHISSION LINE DATA Transelsslon Lines Position No. Ent E1 Top E1 hear. Radio. At. Ifzl (ft) Ift) Liner 1 0.00316' 3/6' CABLE 1.50 0. do 2 0.00 66.00 LDF6P-SOA 0.00 0.00 3 0.00 66.00 LDleOA 0.00 0.00 6 0.00 59.00 LMP-550AO 0.00 0.00 5 0.00 56.00 LOrCP-50A 000 0.00 6 0.00 66.00 LDr6P-5OA 0..00 0.00 7 0.00 66.00 LDr6P-5OA 0.00 0.00 0 0.00 66.00 LDr6P-5OA 0.00 0.00 9 0.00 56.00 LOr1P-50A 0.00 0.00 Transmission Linea Details No. Dear. Width Depth unit Nae, (in) Ilnl (lb/ft) 1 3/0' CABLE 0.3E 0.38 1.00 2 LDF6P-5DA 1.55 1.55 0.66 3 LDFSP-50A 1.55 1.55 0.66 6 LDFfiP-50A 1.55 1.55 0.66 5 UF6P-50A 1.55 1.55 0.66 6 LDF1P-50A 0.63 0.63 0.15 7 LDF6P-50A 1.55 1.55 0.66 0 LbF6P-SOA 1.5E 1.55 0.66 9 LMP -50A 0.63 0.63 0.15 Utilization of the cross-section for TN Linea: 19.69 orient. No. shielded Shielded Antenna Liner 0.00 1 No 0 0.00 12 Yes 12 0.00 12 Ten 12 0.0012 res 12 0.00 12 Tee 12 0.00 1 Yea I 0.00 12 Tea12 0.00 13 Ten 12 0.00 1 Yea 1 J Page D 1 Z Case No. 16-010 Applimtion Package 16-010 (Postponed from the June 15, 2016 meeting) PMe1 AEPUL50 Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: MARCH 16, 2016 NTowerSoft ��Na ENGNEE a SO oft T9Tovac - V 5.5.9 Tovac Anal'ale Peru. Ile®ad tu: NOW EtoA,e" vLC iel 1997-2014 tolurSoft r .TST-.em Pane", II. Ella: N:\JaG\2015\216000\216080.rR t Caoteact: 216090 Bw"!m: 0 PeojWet: 64 R. TAP810m'lair, P38 91": =M, AB Oats aed Time: 11/3/2015 3:47:09 M "karat: W Section F: POINT LAAO DATA Structure Azimuth Irua North:0.00 POINT LWOS Xo. Oescrlptian Elee. Radius A71n. talent. Vertical Te line C..ta O["et (it) Ittl IOagl IOegl IttI 1 LR / 65.50 0.00 0.0 0.0 0.00 2 CARRIER 64.00 0.00 0.0 0.0 0.00 3 CARRIER / 54.. 00.1090 4 CARRIER 44.00.00 0.00.0 0.00.0 00.0000 MINI LOADS WINO AREAS AND WEIGHTS No. Oeacrlptian Frontal Lateral Frontal Lateral Weight Weight GX Bare Area ".a Area ICed Ate. Iced Area Bare Iced Ifc'21 (ft -21 (it 21 fit -21 iAip.l IRiPSI 1LR 0.50 0.50 1.50 1.50 0.01 0.03 1.10 2 CARRIER 59.00 59.00 85.00 85.00 2.60 4.15 1.10 3 CARRIER 56.00 56.00 81.00 81.00 2.60 4.15 1.10 4 CARRIER 56.00 56.00 81.00 01.00 2.60 4.15 1.10 Case No. 16-01DApplication Package CASE: P096e1�IA R 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #2.9. IlTowerSoft ENOINFF SOFft TSTaxec - v S.S.0 To- Analysis pcngcao Icl 1997-2014 Toeersofe-TSTovet.- PUBLIC HEARING ITEM 7-A P d Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P d Z REGULAR MEETING: MARCH 16, 2016 lu�Ne M..M to: WHIN tada.te L1F Ha[ia, IL 1 : W:\Sobs\2015\216080%21W80.00t =F Cont;act: 216090 RevielM: 0 peo]eet: 64 R. TA901® STS®. Me Site: xxx,A , Alt Oa4 and Ti : 11/3/2015 3:47:09 M zo inue: St Section fl: STRWONRS DISFLAc33lBWT DATA Load cmbinetien Wind Only - Setviceabllity mind Direction Waxlw displacements Me.. N-5 tep W -E Di, Vet0.Disp W-5 Rat W -E Bot Twist Rat ITt3 (in) (in) tin) (deg) Idegl (deg] / 64.00 2.B -2.7 0.0 -0.31 -0.32./ 0.32 0.00 59.x0 2.5 -2.4 0.0 -0.30 -D. ]2 0.00 54.40 2.z -2.0 0.D -0.30 -0.1x 0.D0 49.60 1.8 -l.9 0.0 -0.29 -0.31 0.00 44.so 1.5 -1.5 0.0 -0.29 -0.29 0.00 40.00 1.3 -1.2 0.0 -0.26 -0.27 0.00 35.9z 1.0 -1.0 0.0 -0.24 -0.zs 0.00 29.93 0. -0.7 0.0 -D.n -0az O.D0 x3.94 0.5 -0.5 0.0 -0.19 -0.1e 0.00 17.96 0.3 -0.3 0.0 -0.14 -0.14 0.00 11.97 0.1 -0.1 0.0 -0.09 -0.10 0.00 5.99 0.0 0.0 0.0 -0.05 -0.05 0.00 0.00 0.0 0.0 0.0 0.00 0. DO 0.00 ea It 1 Case Na. 10-010 App!iraODn Package 16-01E0 (Postponed from the June 15, 2016 meeting) Pppgpell�A?H§ Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING: MARCH 16, 2016 TowerSoft o"MM nnm* xsxorec - o 5.5.5 xove. Analysis s.adcam unamevd to: PONI Pceducts LL[ Icl 199]-f Ole Save...ft —T....-- — Pamela, IL Pile: N:%Jebak2d15\216050\216000.00t =act; 216050 assiaien: 0 Pemi.et: 64 M. T ZWIID ST881. POLE site: IomlAlt. AE Data and Time: 11/3/2015 3:11:09 sm Easiness: M Sections J: ANTENNA aISP1.AEEINNT DATA load Combination wind Only - seevie..bility / .led Oisectlon Nevlmum displacements Mt. also. N -S Otsp Y -E Map Vest.Olsp N -S Sot N -E Amt hist Tot Alloe- Ili) (inl (in) lint long) [Deg) IOegl (0egl 1 61.00 2.6 -2.5 0.0 -0.30 -0.32 0.00 1.13 2 51.00 2.0 -1.9 0.0 -0.29 -0.31 0.00 1.13 Page J 1 Cess No. 1&010 AppliraUm Package CASE: P�� e1�$fl�i12[�g 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. �TowerSoft ENC 51[V 5. A Tower Ti - v 5.5.8 ioxec Malyala P[ogcu (5)'M97-201. 1n„e[5af[ aw.iSlVw[.eu PUBLIC HEARING ITEM 7-A P 8 2 REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-8 P a Z REGULAR MEETING: MARCH 16, 2016 a Llcanaed to: P[11W 9[Oducta ISC Fascia, ZL Elle: N:\Joao\2.35\216080\216080.wt Cont set: 216080 Nviaiw: 0 Be jee[: 64 8T. TAP® 01..Be" Bite: am., AR pab and Ti.: 31/3/2015 3:61:09 1M Blglneec: 531 Seed.. A: EDLB DOTPDf LDAD DATA Load Combination Bax Envelope Bind Direction Maximum E1ay. Axlal W. Shea[ W. Torque Bend Bme. (2tl Ikipal ("pal (tipaltl Ikipattl 61.00 5.05 6.14 0.31 0.1] 59.30 5.05 6.14 0.33 29.62 59.20 5.58 6. ]B 0.33 29.65 / 54.60 5.58 6.18 0.33 62.07 56.60 10.52 12.35 0.63 62.08 69.60 10.52 12.35 0.61 121.09 69.60 21.56 13.44 0.66 121.16 61.80 11.56 13.44 0.11 185.38 69.00 16.13 11.99 0.66 185.43 60.00 16.13 11.99 0.66 272.00 60.00 11.60 19.36 0.66 212.05 35.92 11.60 19.36 0.66 350.64 35.92 18.10 20.02 0.65 350.69 29.93 18.10 20.02 8.66 410.68 29.93 20.01 20.80 0.65 410.]4 23.94 20.04 20.90 0.65 594.]1 23.94 21.19 21.54 0.65 594.]6 1].96 21.19 21.54 0.65 123.89 17.96 2236 22.25 0.65 123.92 11.91 22..36 22.25 0.65 856.64 11.91 23.55 22.94 0.65 856.65 5.99 23.55 22.94 0.65 994.30 - 5.99 24.15 23.63 0.65 994.30 0.00 24.15 23.63 B.65 1135.36 6... 25.35 24.03 0.65 1135.36 / Page A 1 Case No. 16-010 Application Package CASE: P096e11 �20V 359 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13. 2016 P&Z Regular Meeting AGENDA ITEM #2.9. HTowerSoft EN01NBGeMS908TWa8t TSTove[ - v 5.5.8 Tovao Aoalyaie P[o9- 1[1 1997-2014 Toae[So[t vvv.TSToxe[.com PUBLIC HEARING ITEM 7-A P 8, Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-0 P 6 Z REGULAR MEETING: MARCH 16.2016 Ram" Limmad to: M01 P[oA¢ts ISc Pao[S., 1L 031a: N:\1obo\2035\216080\216080.00t Cont[eet: 216080 B ieim: 0 Pzolact: 64'7' TAPEBL9 =XL P= Site: B00IM, M aT3: 11/3/2015 Yatem � 3:17:09 PH a9lnae[: 6M Section L: STP6NGT1i A99ESSG8NT YATA Load Coaeina[ion max Envelope / Nim Oitection 8axi. Elea. Axial W. Axial Cap Ment Mm. Cap Asams. 15[1 (tip.) Wpal RiPsltl Itipattl 64.00 5.05 1054.11 0.17 575.54 0.005 59.20 5.05 1072.50 29.62 602.96 0.015 59.20 5.58 1072.58 29.65 602.96 0.053 51.40 5.58 1090.27 51.10 10.52 1090.27 62.07 62.00 630.55 6]0.55 0.102 0.105 / 19.60 10.52 1107.24 121.09 658.29 0.391 19.60 11.56 1107.21 121.14 658.29 0.191 44.80 11.56 1123.18 185.38 666.14 0.277 44.80 16.13 1123.10 185.1] 686.14 0.281 40.00 16.13 1139.00 272.00 111.06 0.391 40.00 17.60 1139.00 272.05 111.06 0.393 )5.92 IB To IT10.06 ]50.69 1077.96 0.334 29.91 16.70 1746.15 470.68 1135.97 0.422 29.91 20.04 1146.15 170.74 1115.9] 0.423 23.91 20.01 1]81.4' 591.71 1194. fib O.SOb 23.91 21.]9 1781.12 594.76 1194.60 0.507 17.96 21.19 1814.96 723.89 1254.03 0.506 17.96 22.36 1811.96 723.93 1251.03 0.507 11.97 22.36 ]017.68 856.64 1313.94 0.662 11.91 23.55 1047.6B 056.65 1313.94 0.662 5.99 23.55 1079.27 99630 1174.35 0.134 5.99 24.75 1879.27 994.30 137.15 0.734 0.00 24.75 1909.14 1135.36 1135.19 0.802 / Page L 1 Cx. No. 16-010 Appliwfim Perkage CAS: (Postponed from the June 15, 2016 meeting) PP96e11bQHO Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P aZ REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-13 P 8 Z REGULAR MEETING: MARCH 16.2016 Exhibit B FAA Determination Case No. 16-010 Application Package CASE: P096elI44DUN 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting QDMail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Issued Date: 10/062015 Cynthia L Hall Alaska Wireless Network 2550 Denali Street, Suite 1000 Anchorage, AK 99503 AGENDA ITEM #Z a. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING REM 7-B P S Z REGULAR MEETING: MARCH 16, 2016 ** NOTICE OF PRESUMED HAZARD ** Aeronautical Study No. 2015 -AAL -277 -OE The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Antenna Tower Bartel Location: Kodiak, AK Latitude: 57-48-05.87N NAD 83 Longitude: 152-22.46.15W Heights: 106 feet site elevation (SE) 123 feet above ground level (AGL) 229 feet above mean sea level (AMSL) Initial findings of this study indicate that the structure as described exceeds obstruction standards and/or would have an adverse physical or electromagnetic interference effect upon navigable airspace or air navigation facilities. Pending resolution of the issues described below, the structure is presumed to be a hazard to air navigation. If the structure were reduced in height so as not to exceed 67 feet above ground level (173 feet above mean sea level), it would not exceed obstruction standards and a favorable determination could subsequently be issued. Any height exceeding 67 feet above ground level (173 feet above mean sea level), will result in a substantial adverse effect and would warrant a Determination of Hazard to Air Navigation. See Attachment for Additional information. NOTE: PENDING RESOLUTION OF THE ISSUE(S) DESCRIBED ABOVE, THE STRUCTURE IS PRESUMED TO BE A HAZARD TO AIR NAVIGATION. THIS LETTER DOES NOT AUTHORIZE CONSTRUCTION OF THE STRUCTURE EVEN AT A REDUCED HEIGHT. ANY RESOLUTION OF THE ISSUE(S) DESCRIBED ABOVE MUST BE COMMUNICATED TO THE FAA SO THAT A FAVORABLE DETERMINATION CAN SUBSEQUENTLY BE ISSUED. IF MORE THAN 60 DAYS FROM THE DATE OF THIS LETTER HAS ELAPSED WITHOUT ATTEMPTED RESOLUTION, IT WILL BE NECESSARY FOR YOU TO REACTIVATE THE STUDY BY FILING A NEW FAA FORM 7460-1, NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION. Page 1 of 3 Casa No.16-010 Application Pa&age CASE: P���e15°�i� L�� 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING: MARCH 16, 2016 If we can be of further assistance, please contact our office at (907) 271-5863. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2015 -AAL -277 -OE. Signature Control No: 266409224-267810150 Robert van Haastert Specialist Attachment(s) Additional Information Page 2 of 3 Caw No. 16010 Application Package (NPH) CASE: Pad e1i�6°�1'��� 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z. a. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: MARCH 16, 2016 Additional information for ASN 2015-AAIr277-OE ASN 2015 -AAL -277 -OE Abbreviations VFR - Visual Flight Rules AGL - Above Ground Level RWY - runway IFR - Instrument Flight Rules MSL - Mean Sea Level nm - nautical mile DA - Decision Altitude MDA - Minimum Decent Altitude Part 77 - Title 14 CFR Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace Our study has disclosed that this proposed 123 AGL/229 MSL antenna structure is within the protected surfaces at Kodiak (KDK) Airport, AK. The KDK elevation: 130 MSL. The proposed structure is identified as an obstruction under this Part 77 standard: Section 77.19(e) — The transitional surface area designated to prevent tall structures from being located at the edge of the primary and approach surfaces of an airport. This structure would exceed the KDK RWY 04/20 transition surface area (abeam the runway) by 56 feet. This proposed structure would exceed the VFR traffic pattern airspace by the values below at KDK as defined in FAA JO 7400.2J, 6-3-8, Evaluating Effect on VFR Operations. d. AIRPORT AREAS - Consider the following when determining the effect of structures; on VFR operations near airports: 1. Traffic Pattern Airspace - Theta are many variables that influence the establishment of airport arrival and departure traffic flows. Structures in the traffic pattern airspace may adversely affect air navigation by being a physical obstruction to air navigation or by distracting a pilots attention during a critical phase of flight. The categories of aircraft using the airport determine airport traffic pattern airspace dimensions. (a) Traffic Pattern Airspace dimensions (See FIG 6-3-11). (b) Within Traffic Pattern Airspace - A structure that exceeds a 14 CFR, part 77 obstruction standard and that exceeds any of the following heights is considered to have an adverse effect and would have a substantial adverse effect if a significant volume of VFR aeronautical operations are affected except as noted in paragraph 6-3-8 d.l.(f) and (g) (see FIG 6-3-12). (c) The height of the transition surface (other than abeam the runway), the approach slope (up to the height of the horizontal surface), the horizontal surface, and the conical surface (as applied to visual approach mnways, Section 77.25). This structure would exceed the KOK VFR Traffic Pattern transition surface by 56 feet. Further FAA study is not available for this structure for any height greater than 67 AGL, as an internal FAA study identified a substantial adverse effect exists for any height greater than 173 MSL. Please email me at Robert.van.Haastert@faa.gov with your intentions for this aeronautical study. Page 3 of 3 Case No. 1"10Appliraaon Package CASE:Pogee13RPU350 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z. a. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: MARCH 16, 2016 Exhibit C Photo Simulations Case No. 16010 Application Package CASE: Po9Be1336v150 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z. e. N J m i Q Ur n = W F U ' r ZKmwr, , Q f W,wr. w U mN Z m bag w Ua' m N b as 3 0 r a °1 n a` a o 3 5 0 N Z a N U _ 3 a CASE: POgge13Rdv L5§ 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. CASE: Pa9Be138AP21 9 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting ZW S fl .F IN— Y ♦. t iv a ..•rsrcr•wr.•,.1•. w eL CASE: Pa9Be138AP21 9 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. N Y � J Q U, r Z U 1z W Q w m <Z W�wCj IW�W JN Z R mb�g aaiw w Um m � �b WW � 3 0 r 9 n d t n 0 � L o Iv LL z O U 3 v 16-010 (Postponed from the June 15, 2016 meeting) PnBe13g�vm§ Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. e N J � Q � 0 n Z _ V � W Q Z K m Ur t W w =C7F ¢ w N F w DN wg � aa�w w U � m N aw I 3 0 w 0 a a f o 0 - Q 01 4 C tf o Z i LL O O .n U y J �Yr �S EASE: 16-010 (Postponed from the June 15, 2016 meeting) Pone"393OU159 Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z. e. s N l7 } J i N Q U, r Z W W Q Z K - Lb � U mbgg aaiw w U p' m N ]b as _ O O 41 f9 P o W 9 3 6 F° 6 O i C Y Q n d Q � W 3 L b z � U "4r v O w r CASE: PO98e13z P i§ 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. 16-010 (Postponed from the June 15, 2016 meeting) P098e'30AR50 Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.a. CASE: P098 �R6°�it'151 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting <Z wL u w �w zw a FK:5 T�FI maZw rt b � 7 w U p' m � b 1 � a M � a o c o ° _ - V a F— S O Z Z f u U 1 II O O 1 w 11® 1 CASE: P098 �R6°�it'151 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting C AGENDA ITEM #Z. e. e s N N J m l N_ Q r Z U W � 2 � W Q W d ZW'z , m Q W w 2 = OXOM W N z x j J Q aaiW w U � m N as A V a a n 0 a o y `o v 14 3 •� `o 2 v Z T LL O O U O 3 ASS. 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting P09Be1 YQ-AR50 Figures 1 - 9 AGENDA ITEM #Z. a. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: MARCH 16. 2016 Exhibit D Case No. 16-010 Application Package CASE: P096eii#3 Ug19 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting N J N l nz w W ~ � 7 ^ Z Zww� <�gFw xWz¢ circ <5 m N w n , x W d d O w m N 7 b as AGENDA ITEM #Z.a. 16-010 (Postponed from the June 15, 2016 meeting) P096e133cYW5§ Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z a. \\(eArw from the J_ Rem meeting) &\eB!§4 Gem m from the July R 2016 gz&g2 Arg , AGENDA ITEM #Ze =0(Postponed em»eJue R 2016 meeting) g#zt!§9 Gem mems July 13, 2016 mzRegular Meeting AGENDA ITEM #Ze =\(PAekwmtwJueRam_ g) P096AR Gepacket &m�hky13&2 mzRegular Meeting \§/Ow§ §2§\ k\Ow 2INw w,r y/ q2 �� mG: . , , / _ ' ©)In \ / * \ / ( to x )§ § _ , ■gym « ) % rq =\(PAekwmtwJueRam_ g) P096AR Gepacket &m�hky13&2 mzRegular Meeting CAS AGENDA ITEM #Z. e. s N N b N l � ¢U' U rz ¢ WW rwm t72^z ZW2 WE mg�W WD,M Muzm UWF � J ry d U m m N ^� J Wa v w m `w 0 a qo A u m >i Q C � L 3 m z fl d W U O U G W m D— 117 of 19AA 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting rage 104 OT LJb m s N N 0 Y N J 7 � aU'U 2 R W F- F W m C72^z Z K W H rcgrw w w=,m =(9z¢ WQ � Z J N � b as AGENDA ITEM #Z. e. 16-011 16-0 (Postponed from the June 15, 2016 meeting) Pa9BA&PU 2159 Case packet from the July 13, 2016 P&Z Regular Meeting m N Y Gz U � Z ¢ �r a ww 0 w m zx z E5ww < Iw �02 swim uWE5 m N W O b a R U w mN an AGENDA ITEM #Z. e. 16-011 16-0 (Postponed from the June 15, 2016 meeting) Prge 48 bRM Case packet from the July 13, 2016 P&Z Regular Meeting > R J 0 �n m.. f9�^i w mz a z� orc¢�5 O, , M 0 d d U 0 ]b dd AGENDA ITEM #2.e. 16-011 16-0 (Postponed from the June 15, 2016 meeting) Pa®ae1lopu2[51 Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-0 P 8 Z REGULAR MEETING: MARCH 16. 2016 Exhibit E Redacted Lease Agreement Case No. 16-010 Appliczlion Package CASE: P�E�e1i���172�� 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: MARCH 16, 2016 LAND LEASE AGREEMENT ci,6 ledr This Lease Agreement ('Leash) Is made effective as of erne^ ^• 1, 2016 CEffective Dale), between MLI Bay, LLC, an Alaska limtted Willy company, who a Malang admess of 3964 C0flside Road, Kodiak, AK 996153236 and The Alaska Wueloss NetwoN LLC, 2550 Denali Strea4 Sudo 1000, Anchorage, AK 99503-2751, a Delaware gmtled OabiGly, company, on its own behalf and op beholl of as telecommunications elririales (cogeNvely, 7aranl7 (eaN a'Pad)' and collectively, the 'Parties). NOW. THEREFORE, it is hereby agreed as faaaws: 1. Property.: Landiard leases to Tenant a portion the following property totaled at Lot Three (3), Block Four (4) Airpadc Subdivision No 1, located In Kodiak Akpark Bk 4 U 3 located In Kodiak, Kodak Island, Alaska. as depicted M Exhibits A & B (appre4malely 660 squaw feet) lease portion hereto refened 10 as Iha'Premfses'. 2. Aulhodmd Uses. This Lease is issued for the regrowing oullmdred userTenant may construct, rnaiMebt. end operate a tedmiral really and relined nanemnacellons equipment to the Premises in canjuncilen with Tenant's operation as a commumcetloms provider 01. ]. Term. The Initial tonin o/ Ibis Loose Is 5 years (7Tcomm erm, ma0 ss nof ^-1—��• 1, 2015 ('Commencement Date') with 4, 5 year mdensions (mdwiduaay, an'Extension' and collectively, the 'Extensions') m the sole option of Tenant, sa long as Tenant is not in violation of any forms of conditions as 5el IaM1hin this Lease. The Exlensians Nall be maorna4e unless: (a) Tenant notifies Landlord ai leact 30 days prior to the aspiration of the then-currerd lens of as intent nor to renew, this Leese, or (b) Landlord carries Tenant M waiting of a default, and Tenad falls to timely rata that deroua. At the conclusion, of the original Tenn or anal Exte05lon, R any. Ibis Lease shall continue year to year unless either Patty hes given notice of lemdnaaon. Notice of lerminarpn during the year to year period shall be given no later than 30 days before the expiration or the Ibencunem Lease term. 4. Rant. The rent for the Premises will be per month, with an annual csealelorof" payable on Ine 1" clay of each month. Syme s all be made by Neck, bank urea, or money order made payable 10 Landlord. If INs Lease commences on a dale other than the 1st day or a month. Rem shell be prorated as of and paid on, the Commencimem Dole. It this Lease Is tennlnmed at any time other than the last day of a month, red shall be prerelid as of the date of Ientrunfon. In the evens of huminaXan far any reason other than nonpayment of rent, all prepaid rent shall be refunded In Tenant. As Impala corns and Iees win amnia Interam al tae6 pemPra per annum beginning 30 days after payment Is clue. Rent shall continue to be pall until the fadety Is mme tee ham mo PMMlses If me Lease Ls lemlinaled. 5. Improvements. At n0 additional Nage. Tenant and Tenant's sublessees may operale, malnlatn, add and replace equipment at the Promises an long as the size of Tenant's Pien ace s Is not increased thereby. Any construction on the Premises must be neat, presentable, and compatible with Its use and surroundings. 6. Maintenance. Tenant shall keep the Pnermlves and all as Improvements thereon deal and presentable. Tarent shall not strip. waste, or remove any matedm tram the Premises w6floul the prior written permission of landlord, which permission shall not be unreasonably wilhheid, condaiorned or delayed. 7. Utilities. Electoral usage is In addition to the monthly ran[ payment. The amenr payment for elechicel use Is $300 per month. landlord shall be solely responsible for and promptly payment of elatldcal service to the mecid®I pnovafar. To determine X the notably payment covers electrical charges on average M 3 momOs vMa be used to determine the power cost Should the average result In a higher or lower Nage, the Parties; agree to amend this Agreement to resect the electrical use and costs. All charges for gas, telephone service, or any other dept, used or consumed by Tenant an the Promises is the responsibility of the Tenant. Tenant shall have the agM, at W expense to knprove the rmassm Wades on the Premtses and to permanently place new Wiles on for to hiring Writes across) Landlord's property In order to service the Premises. Tenant shall also have me right In Install emergency power generators AWN Contract 97301 Nnvomtar6 pail Vrrhm Case Na. 16-010 Application Package CASE:POR8e 49(Al1359 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: MARCH 18, 2018 on the Pnanises. &. Olsposition or lmprommenia. (a) Within 100 days an" the end of INS Lease. Improvements and Personal Prepeny mus? be: 1. mmovedbyTmordOmqukedby Landlord;or 2 with Landlord'$ consent, ba soM to the sucraeding Tenant: or 3- abandoned an the Premises. (b) Landlord may grant aditional time for the removal of Impmvemenls 11 hardship Is established (c) Al the and of Into Lease, Tenant must peaceably and quietly vacate the Premises and return possession to Landlord. The Premises must be len M a dean, neat and presentable corvhllen, at least as gond as existed at IM comnnancemerd of The Lease, normal wear and tear inmepled. If Tenant courses any abnormal wear and tear or abuse of or to the Premises, Tenant shall, at its expense and upon demand by Landlord, Immediately ellminam such abnormal mar and tear or abuse or M90 and pay for The re9omaon or fie affected mea(s) to a commercially reasonable equivalent condition to the Premisee' mrdition at the commencement of this Lease. 0. Tilde. Title to any hnpnovemenbs arotherproperty mored by Tenanlwhich is not disposed of as set out above shall automatically vest In Landlord. 111-11a" aus Matedds. 11 fuel, lead acid ballades, coolmus, tire supgassants, lubricants or any other bazardous materials are placed on Jim Premises, Tenant agrees m have properly [mined personnel, equipment and procedures In place for safety handkn0 the matadals in accordance with the National Fire Protection Code and all apPrMble federal, state and local laws. in the event of a material spill of fuel or e0mr hazant m tledals an the promises, Team shag promptly nalify Landlord and act promptly to contain me spa], repair any damage, absorb and dean up the spill area, and restore the Premimslos condition arty sa0sfaaory to LaorAlyd. 1 i 11. Warranties. Landlord shag indemnify and defend Team for am breach of the following wammdies: The execueon of this Lease has been duty authorized by Landlord and no necessary consents have been received. To the actual knowledge of Landlord, no hatemous substances have harm paced, released. or disposed on the Premises Landlord has all right. We, and Interest In the premises, and to em,,,,e and to perform Is oNigalions m0er this Rase. Omer than the express moramles above. Landlord makes no express er Implied moranflas atmaming the Iola or condition of the Premises, including survey, amass, or surtab6dy, ler any use, Including [hose uses authorized by this Lease. Tenant takes the Premises alis, subject to all other provisions to this Lease. 12. Liability. Tenam shell Indemnify and defend Landlord from any liability, action, claim. sut, loss, pmparly damage, or personal injury at whatever kind resulting hem of arising out d any ad of commission or wrongful mission by Tenant, to the extent arising from or connected with Tenant's use end occupation of the Premises or its "erose of the rights and privileges granted by this Lease, except that If shag have no duty to Indemnify Landlord to the edem of Its own negligence, mongrel omission, or misconduct, fm W, m breach afire tams or this Lease. 13. Insurers.. tit) Tamm soon seam and keep In force during the term of this Lease adequate Imamate to protect both Landlord and Tenor[ against comprehensive pudic Ill and property damage, 1. Property damage arising own one occurrence In the amount of not less than $1,000,0gO.00, and 2. Personal injury or death in an amount of not less than 31,000,000.00 per person and 51.000,000.00 per occurrence. (b) An Insurance required by Jigs covenant must: 1. name Landlord as an andgonal assured; -2. AWN Conitec 97301 NnvemtMwfi 9016 VeNnn Case No. 16-010 Application Package 16-01E0 (Postponed from the June 15, 2016 meeting) POREe1voum§ Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: MARCH 16, 2016 2 provide that Landlord he notified prior to any lamination or cancellation In the Insurance coverage; and 3. Include a waiver of subregalian by whirls the insurer waives an rights of Subfogallm against Landlord irPayrends made under 1110 Policy. (e) The requi,,,em of insurance coverage does not nation Tenant OF any other owigatons under [his Lease. ennant may Hl sensme against the risks undertaken heroin. 14. Holding Wer. Subject to the Extensions available to Tenant In Section 3 above, If Tenant holds over aaef0le expiration alibis Lasa, the hoeing over w1a not operate as a renewal air wderslan o1 this Lease, but only cmales a tenancy from month 10 month, regardless of any rend payments accepted by landloaL Tenanl's obligalbns for Pedi mance under this Lase will continue until the month -la - month lenagcyls terminated by Landlord. Landlord may terminate the had -aver, momhto-monlh tenancy at any Ione by giving Tenant a( least 30 days' pdor written notice. 15. Sal Assignment Or Sublease. The Pelves may not rag or assign this Lasa wahout the written consent of the other Pady, which consent shall no be unreasonably withheld, conditioned or delayed, except Tenant may assign this Lane to a Tenant's parent, Subsidiary, o affiliate under common reMml without landlord's assent. Tenant may exeede space and power and collocation agreements anywhere within the Premises, Including Tenant's Rarer If arta Is bah. Tenant's sublessee(s) win he entitled to the same rights and pdveagas as Tenant. Landlord raisins exclusive right to lease ground space adjacent to the Pnemt a to other carriers and tenants. landlord may not sen or assign this Lease to a party that is not the legal sumer of the property without the written consam of Tenant, which assent may be withhold at Tenant's sole discretion. 19. Condemnation. If the Properly Is condemned by any piepereugerity, the tern of this Leese Will end an the date Tenant Is required to surtender possession of the Promises. Landlord is entitled to all the andemnsUon procaeds a zzipi Tenant wig be pad the potion of the Proceeds atdbutable, to the fair market value of any Improvements placed an the property birl"I nl. Real win also be adjusted to rulect the panda value of the remaining Premises. 17. Cancelfetion. Landlord may cancef IMS Lease and recover possession of the PremLsvS by giving Tenant 30 days' pdor wriflen nodes, upon the happening of any of lie events road below, that are rep amd within the 30 day nonce Period: (a) Team's felons to pay when due the reins or fees speafiad In this Lease, Including any increases made pursuant to M lease. (b) The relum fotnsulFclerd funds of checks lar payment at rents or lees. (c) The use of the Premises by Tenant forany purpose net authorized by this Lease. (d) The appointment of a trustee or receiver for the Tenerife assets in a proceeding brought by or against the Tenant. (a) The failure of Tenant to perforin any pmvrsinn or covenant In this Lease. If such Provision or caveaat is not possible to pedoml within such 30 day core period, Tenant shall not be in default under this Lease If d has Promptly commenced and Is dlggemly Prmrsing me one thereof. Tenant may cancel INS Lease with 30 nays' winter; notice 6 (a) for any mason the Premises became unsuitable for 0s communications purposes, (b) the appointment of a trustee or recelverfor the lardhi d's inside to a proceeding brought by or against Landlord, or (c) the failure of Landlord to perform any provision or covenant in this Lease. If such provision or covenant is not possible to perform within each 30 day curb period, Landlord Shall not be In defau0 under mss Lease 110 has Promptly commenced and 15 diligently pursing Ilia core lhmeof. ta. Easements. Landlad avenams fieri agrees that heard and TervM's sublessees Shall have access Pro the Premises and properly for parking vehfcas, Pedestrian traffic, and Ingress and egress la the property and Prentlses for all uses authorized or fequhed by this Lease, including, ba not limited Ia. Tenant's dghl In pea underground con fuhs creedal feeds, Ober as needed for power and leleplene •3 - ANN Contract 07301 Nnvmmhnra 21111 Varsinn Case No. 1 fi-010 Application Package CASE:Pogee'11fU359 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&rZ Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-13 P & Z REGULAR MEETING: MARCH 15, 2016 or other purposes firm Ora Promises to all artily easements and Ightsor-way which are owned by Landlord. Landlord agrees to provide ufiaty easemants to the Premises In recordable lam. as may be required by Wily service providers. Landlonl reserves the right to grant to gird paces or raserwe to Haab casements or Mir -or -way thmi2h, on. or above 9re preParly. No easamenl or nght-ofwny on me Properly may unreasonably Interlere with Tenant's use or the Premises. Aa of Tenant's rights in this sector shag be granted to Tenant wilhuu any further compensation due to Landlord. 19. Laws and Taxes. Tenant will conduct no activities authorized by this Lease in compitanm with all applicable federal, stale, and local laws, Including bud not Hinged to matlem of health, safely, sanitation, polluion and mmnuNcegons. Landlord shall pay all properly taxes, except that Tenant shall pay lorlaxas based on Its Improvements to the pmperry upon Invoice by One Landlord. Such Invdce shall be sant to Tenant no Warren one hundred twenty (120) days following landlord's recelPl of its propedy lex big. IF LANDLORD DELAYS MORE THAN ONE HUNDRED AND TWENTY DAYS (120) DAYS FROM THE DATE OF LANDLORD'S RECEIPT OF THE TAX BILL IN ISSUING SAID INVOICE TO TENANT FOR TENANT'S PROPERTY DAPROVEMUM. THEN LANDLORD THEREBY WAIVES ANY AND ALL CLAIMS FOR PROPERTY TAXES FROM TENANT FOR THATCALFNDAR YEAR 20, Disputes. In any disputes between the Pardes, the laws of die State of Alaska will govern. Any IawsuH must be brought in the calms of the Slate of Alaska. Mar Party may request a mediation of any unresolved disµee, Tenant agrees to nblfly Landlord of any Gain, demand, or lawsuit arising out of Tenemloaupatmoruseorfle Premfses. Upon Landloj`s request, Tenant win reasonably rooperete and assist In the Investigation and Initiation of any claim, demand, erlawsud affecting the prepedy. 21. Liens. Tenant ahaa keep the Promises Tree of all faro. Pay elf rods for labor and rrwledals arising out of any mrutmclion or improvements by Tenant on the Promises, and hall Landlord harmless ban 11MANy for any liens, Including ceds end reasonable anomey fens related to Tmanl's adidues. By ads provision, Landlord does not recognize that I Is In any way No rarely Rens an Has Promises_ 22. No Waiver, ConseMe. The failure of a Party to Insist upon the Marl Federman. of any Provision in this Lem may not be considered u a warder ar cWiMuls wt of Must prevision for the future. The waiver of any provision or covenant In this Lease cannot be enforced or relied upon unless the waiver B to writing and examded by the Party waiving such provision. Whenever consent by one Pony Is required In this Agreement, the gmnllng of such consent In any we Instance will not mnslXule continuing mount to subsequent Instances where such consent is required. 23. Validity of Paris. If any pmvWon of this Lease is declared to be Invalid by a coat of competeniturlsditlion, the remaining covenants amt pmvBlons will mnllnue In 101 foes. 24. Natural Disasters. It any rause which occurs wehou the fauh or nealbencce of either Patty renders the pnXimy permanently unusable, this Lease may ce temdnated by either Pony upon 30 days' written notice to the other. In accordance with Section 25 below, Causes Include but am not restntied to acs of God or the Public enemy, arts of the United Slates, foes, floods, epidemics, queremtne pe,Vc, oas, or strikes. Me Patty shell be Sable 1m my delay or faiure in padmnarax duo to such wells WIs do at the defeulWg Pant's reasonable rwnmal. The obligations and rights of the excused Party shall be extended on a day-fo-day bads for [he time pa dad equal Io the period or me excusable delay. 25. Nodosa. Any nations to be given under els Lease by either Party to me other may be effected either by pmsonal delivery In writing or by mag, registered or cerlffled, Postage preload with mtom recall* requested. to the recipient at the address Indicated below. Landlord: TwnL Mal Bay. LLC The Alaska Wireless Namara, LLC Attn: Slosh Anderson, LandlordI,' Ann_ Rochelle A. Alger, Contracts AdmINY.ralor 3964-CaR41C4- /aur 3,0 Y 2550 Daman St., Sate 1100 Kodiak, AK 00515!235 Anchorage, AK 00503 Telephone: 907.554.3574 Telapnone: 907.559.5771 EmeaatosA a�hrArnwS.com Camak: rialget®0umn -4- mAWNCora VwsinnV tnn 5 Nwnhnr2171A Case No. 16010 Application Package CASE: 16-010 (Postponed from the June 15, 2016 meeting) Ppg8e1i����1�� Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z. a. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: MARCH 16, 2016 vAth a copy of legal notices m: With a copy of legal na6ces to: Mel Bay, LLC The Alaska Wireless Network, LLC Alin: bosh Anderson, Landlord (, Attn: VP d Senior Legal Counsel 3964 C9651de, 11.,310 p 2550 Dentin Sheek Suite 1000. Kodl.k, AK 896156235 Anchorage, AK 89503 or such other address or o the a6erdbn of such other person as the recipient Party shall he" specified by prior wri6en notice to the sending Patty. Such ne0ce shall be effective as of the dale of Its receipt. Unless specified chemise In writing, the primary contacts for Landlord and Tenant shall be; r ...dr,w..t r,..e.rs• Tenant Contac: elesh Adteroen,Landlerd / Dare Baker 4W441"d>, 0.xVa i7,�' 2550 Denall Street. Suite IDDO Kodiak. AK 08615 Anchorage, AK 99503 Telephone: 807.694.3574 Telephcvle:907.655.5771 Mobile: 907.554.3574 Ening: sloatl_e®hotma8can Email: dbakerQgcLcom 26. Quiet Enjoyment; Across. So long as Tenant is not In beach of this Lease, 11 shalt have the right of quiet enjoymere of the Premises for the Term and all Erdenslons thereof, regardless of any Sala, transfer, assigranent or foreclosure of the property. This Lease shag be binding on each Party's successors and assigns. Under no ctmmulanras shall Tenant ane Tenam'a suWassees be prevented or delayed from encasing 6s equipment during the Tam and all 5densiom. twenty-four hours a day, seven days a week. 27. Binding Agreement Amendments; Counterpaels. This Lease shall be binding upon each Party's heirs, representatives, examines, successors and assigns. This Lease may only be amended In writing, and such amendment shall be signed by authorized represecahivas of both Parties. The Parties may execute this Lease In coumefpans, each of Which shall be deemed an original, and both of %Nch, collectively, taken together shall constitute one and the Sema Lease. Delivery of an executed counterpart by electronic transmission ema8 or fes shall be as effective as physical delivery of an executed counterpart. 25. Nun431sclosure Agreement. Nearer Party shall disclose the henna and conditions of this Lease. Including the reit due hemulder, oulsde as organization, except Tenant may discim this Lease with potential sublessees who have subneled a coltocafforl appllcalimi prior to disclosure Tenant will redact financial Information and any other Sensitive materials that will not pertain to a aubessee. AWN Contract $7301 NnvamMre 2gtd VeNnn Case No. 16-010 Application Package CASE:Pone1`19:o 1 59 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting "D OFSECTIONSANO TEX 7 Tenant: The Alaska less Network, LLC Landlord: M91 Bay, LLC r , /7 By: By. Now: Name: Slosh Anderson TAW. Tillo Landlord Date: 12•j•7.QjI5 Dale: 2/,y/a✓-...G-r 2UlS AWN Contract $7301 NnvamMre 2gtd VeNnn Case No. 16-010 Application Package CASE:Pone1`19:o 1 59 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-13 P & Z REGULAR MEETING: MARCH 16, 2016 Exhibit A Legal Description, Property Address, Borough Parcel Number, AWN SIIe Name Legal Description — Lot Three (3), Block Four (4), Airpark Subdivision No 1, according to Plal No. 64-14, located in the Kodiak Recording District Third Judicial District, Slate of Alaska. Borough Parcel Number— 14257/R1020040030 AWN Site Name - Banal 6 - Case No. 16-010 Application Package AWN Contract #7301 November 6.2014 Version CASE:Pog�e13$�i� 351 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.a. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING: MARCH 16, 2016 6.0 References C. Janssen, "TECHOPEDIA Dictionary," [Online). Available: http://www.techopedia.com/definition/24962/cellular-network. ITU, "International Telecommunication Union," [Online]. Available: http://"w.itu.int/asg/spu/ni/3G/technology/. [Accessed 9 June 2015]. P. Sharma, "Evolution of Mobile Wireless Communication," International Journal of Computer Science and Mobile Computing, pp. 47-53, 2013. N. Mohammad, "Slide Share," 2 March 2013. [Online]. Available: http://www.slideshare.net/noorec786/generations-of-network-l-g-2g-3g-4g-5g?related=l.(Accessed 9June 2015]. "4Gon Solutions," [Online]. Available: http://www.4gon.co.uk/solutions/technical_ factors_affecting_wireless_performance.phpgobstructions. [Accessed 9 June 20151. Blumberg, S.1 and Luke, J.V; Wireless Substitution: Early Release of Estimates From the National Health Interview Survey, January—June 2014. Case No. 16010 Application Package CASE:Posse1i9S°�MR 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 PBZ Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-A P It Z REGULAR MEETING: APRIL 20, 2015 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak Alaska 99615 (907)486-9363 www.kodiakak.us I PUBLIC HEARING NOTICE I A public hearing will be held on Wednesday, April 20, 2016. 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 my, on the following request: CASE: 16-010 APPLICANT: Alaska Wireless Network AGENT: New Horizons Telecom, Inc. REQUEST: A Variance to construct a 67' tall telecommunications tower that exceeds the B - Business zoning 50' building height limit by 17' on Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 and 17.90.040). LOCATION: 1812 Mill Bay Road ZONING: B -Business This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 nnt. Tuesday, April 5, 2016 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486-9396, or you may email your comments to ssmithIP, kodiakak.us. If you would like to testify via telephone, please call in your Comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1-855492-9202. One week prior to the regular meeting, on Wednesday, April 13, 2016, a work session will be held at 6:30 p.m in the Kodiak Island Bomugh Conference Room (8121), 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: htailioe Addraa: Your property daaiption- Comments: CAS: 16 010 (Postponed from the June 15, 2016 meeting) P006e9��AM§ Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z. a. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: APRIL 20, 2016 Case 16-010 Request a Variance to construct a 67' tall Location telecommunications tower that exceeds the 1812 Mill Bay Rd. B -Business zoning 50' building height limit by Applicant 17 on Lot 3, Block 4, Airpark Subdivision Alaska wireless Network (KIBC 17.195 and 17.90.040). ca 0, `��� �sabi3.,e � •rr • � e� `` � `�B F �� < eba• S •p, rr fiL 4` 1 • , y aA , W 4�n M1 , fib• ti M1T • ,� fiL h ,J bs a • A b • �p ty r p �� �• �n� b C 39 5�4 :. �yaASeae,1 C A'o'A Nv , S A J '�gSd Public Hearing Notice "s oSubjectect Parcel w E a ,». 299 590 1.103 O Notification Area moil7) 4W9337 Aecc», Ratla =k.,bWkJu6am1poat CaoY7mN4b,%Yl,»10-M0trg a7lyle,y9p�om,ftvoat arW y Case No. 16010 Public Comment Package CASE: P098e1 �9AP 150 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. m s N Y Q m J r ry l wO Q17 ~J F Z V, K 1 m n1pp� app, W W R• Q 1p 1p app, p� q O1 m N m m O1 N O, N N m Omm1 P U,wxZ T o a a a< a a a a a a a 3 M Ta D OM a q z O B7 Y Y YY Y YY Y Y Y Y O Y Y Y Y 0 Y Y Y z YY j ¢ Q Q Qa Q¢ Y ¢ a am o c o 0 o 0 o¢ W3Z U zS o 0 0 0 0 0 0 a 0 0 x x z O o 0 0 0 b Y Y O Y Y Y Q Y Y O Y Y Y Y Y Y x 0 x b a m r b Z O ry Q JI m m m m oc a m i Em` O w WW 'ala o O u G w w c u D g O T Q O w O O O O Q O Q�Q Im p EEu K Y N N U O m O m J 5 m O w S 1 e w Y W ry yQ em4 V m lm`I j O c YO Y0 �i f N YO N 230 p S 0 U m a Q Z p Q O m N m m ti ti m m m m m\ O 8 6 N N N 6\ 0 O .m-, T OU 6 w .m-, O 6 .mi e 6 H 6 6 V 6 em1 N m .N-1 6 6 fNV U 2 O F u 2 Q Z U tj 0 Z V 12 ? m m¢ i a r., g b 2 0 z 2 O 1.� 0< O Q w s z 7 a 2 N z wQ5as aaxS S m i a 0 om oa oo 0w Z 0W c o 0 3 o 2� a o ma 0 0 N2LL 2 z w b Q_ 0 Q y O Q = J Y O a c Z Q w 2 U Z J 7 a Q z O w S i> z fti u a ¢_ 5 z r a x u i x 3 c a z c f x a E u m 4 m a 3 a$ ,an 3 w> 3 c 16-010 (Postponed from the June 15, 2016 meeting) poggelwEp i§ Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. 16-010 (Postponed from the June 15, 2016 meeting) Page'T7Yor235 Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z. a. PUBLIC HEARING ITEM 7-A P a Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-A P a Z REGULAR MEETING: APRIL 20, 2016 NK Enterprises, dLC NandadoLt}+DCBM%ftonky;V--cklrAV,yr*®H/tS/ttoPt2 Laork5e55toy) Kodiak Island Borough 722 MITI Bay Rd. Kodiak, AK 99615 Attn: Planning and Zoning Commissioners Subject: Case 16-010 Applicant: Alaska Wireless Network Dear Staff and Planning and Zoning Commission, I am writing as I am very concerned that the new proposed location of this tower has been relocated to our adjoining property lines. This new proposal Increases the percentage of fall zone within my property. The planning and zoning proposed condition was that they contain the fall zone within their leased property boundaries, I don't understand why this condition was not attached to this new proposal. I request that this be added by the commission. I find It unacceptable for the applicant to have the ability to limit my property use. As It has been stated to me by my Insurance caller, If i was to have multiple dwellings on the property or even an office building/warehouse of any sort, that my rates would increase because of this tower's location. I feel It is Impossible for the applicant to keep the fall zone within their leased boundaries, therefore this site should be considered unsuitable for such a tower. Sincerely, APO 1 221116 MK Enterprises, LLC Kevin Arndt PO Bot 173E • Kndlak. AK 99615 Omee )967) 0865537 • Fu (967) 686.5557 Case No. 16-010 Public Comment Package t;AZII=: P�� e�� tP����� 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z. e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 Sheila Smith PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: APRIL 20, 2016 From: stash anderson <stosh-a@hotmaiLcom> Sent: Tuesday, April 19, 2016 6:40 AM To: Jay.baldwin@kibplanning.org; kodiakjay@yahoo.com; barry.altenhof@kibplanning.org; baltenhof@gci.net maria.painter@kibplanning.org; alanschmitt@kibplanning.org; gregspalinger@kibplanning.org; Bob Pederson; lack Maker Cc: Sheila Smith; stash anderson Subject: P&Z Case 16-010 Attachments: 2016 0418 MBLLC P&Z Itr.docx; cell tower near Breckan Shop IMG_2924JPG Dear Sir.... I am not available to attend your P&Z meeting in person as I am attending a memorial service in Washington for a former Kodiak resident. The attached are a few of my thoughts on the issue before you. Please Include this letter in the public hearing for case 16-010. I did not End an Email address for Commissioner Scott Arndt, if staff could provide a copy of the attached document to him that is appreciated. Thanks Stosh Anderson 3 Case No. 16-010 Public CwnmeM Package umor— 16-01 16-010 (Postponed from the June 15, 2016 meeting) Pone1lig-PU359 Case packet from the July 13, 2016 P&Z Regular Meeting Mill Bay LLC Box 310 Kodiak AK 99615 907 654 3674 Kodiak Island Borough 710 Mill Bay Road, Rm 205 Kodiak AK 99615 Re: P & Z Commissioners, Case 16-010 Dear P & Z Commissioners and Staff, AGENDA ITEM #2.e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13,2a16 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: APRIL 20, 2016 18 April 2016 I am requesting you move forward with Staff recommendations to grant a variance with no conditions. I will outline the reasons I believe this is in the public's interest and consistent with KIB code and past practices. Mill Bay LLC is the land owner that negotiated a contract with Alaska Wireless Network (GCI). In response to the Commissioners concerns the tower location has been moved to the NE side of the lot recognizing the residence on the adjacent business zoned lot to the SW. This location is not optimal for Mill Bay LLC use of the lot but a reasonable response to the expressed concern. Recognizing that a fifty foot tall structure could be permitted without a variance. It is not in the public's interest to build this cell tower at that height as it would limit the ability to provide coverage in our community. As stated in the document the extra 17 feet is important to achieve reliable service. The height is limited by the FAA's standards for the Municipal Airport. Mill Bay LLC's lot was not the first, second or third choice for a location of the cell tower but a good location where I am willing to host the facility that others were not. Enclosed is a photo of a tower that services a different area in the community close to the lot boundary. To the best of my knowledge KIB code has no fall zone guide lines in code. This would imply a fifty foot structure could impact an adjacent lot by fifty feet as it would be Case No. 16-010 PUelic Comment Package L;ASr.: - P�9�e1§��6���g 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: APRIL 20. 2016 permitted to be near aside lot line. I believe it would be reasonable to setback the tower a minimum of 17 feet (the height increase requiring the variance) so it would not impact the adjacent lot more than is currently permitted without a variance. While contemplating should Mill Bay LLC enter into a contract with Alaska Wireless Network due diligence was performed. I did not find a tower of this class and height that has failed in Alaska. By contract Alaska Wireless Network is required to provide insurance to cover property and personal injury insurance. In speaking with commercial insurance agencies there is no added cost to our insurance and should not impact any others' rates. in conclusion I believe Alaska Wireless Network can construct a structure that will not affect adjacent land owner more than a permitted structure that does not require a variance. It is in the public interest to have more reliable cell and data service in our community for personal and commercial use. Thank You for Your Consideration, Mill Bay LLC Stosh Anderson CC: file 2016 0418 MBLLC P&Z Itr To P&Z Commissioners and staff by Email Case No. 16-010 Public Comment Package it: ogee�� U3591 16- 16-010 (Postponed from the June 15, 2016 meeting) P Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #2.e. PUBLIC HEARING ITEM 7—A P & Z REGULAR MEETING: JULY 13, 2016 16-010 (Postponed from the June 15, 2016 meeting) P096e1q9,A?35§ Case packet from the July 13, 2016 P&Z Regular Meeting January 6, 2016 Mr. Davc Baker Alaska Winless Network 6831 Antic Blvd. Anchorage, AK 99518 AGENDA ITEM #Z.a. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: APRIL 20, 2016 Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone(907)486-9363 Fac(907)486-9396 www.kod)akak.us Re: Case 16-010. Bequest a Variance to construct a 67' tall telecommunications tower that exceeds the B•Business acting 50' building height limit by 17' on tot 3, Black 4, Airpark Subdivision (KIBC 17.195 and 17.90.070). Dear. Mr. Baker. Please be advised that the Kodiak Island Borough Planning and Toning Commission has scheduled the case referenced above for Public Hearing at their February 17, 2016 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is rat mandatory but recommended. One week prior to the regular meeting, on Wednesday, February 10, 2016 at 6:30 p.m. in the Borough Conference Raom (8121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and gaff summmies of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony andlor evidence related to their case should appear at the Public Hearing during the Regulm Meeting and precat such information in person. Please contact the Community Development Department at 4869363 if we can answer any cruistmding questions or provide additional information. In advance, thank you foryour cooperation. Sincerely. �..s Sheila Smith, Secretary Community Development Department Case No. 16-010 Public Comment Package L16-01 Pone 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #2.e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: APRIL 20, 2016 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907)486-9363 wwwkad'akak us A public hearing will be held on Wednesday, February 17, 2016. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Boyd, Kodiak, Alaska, before the Kodiak Island Bough Planningand ZoningCommission to bear comments if an onthe following request - CASE: 16.010 APPLICANT: Alaska Wireless Network AGENT: Dave Baker REQUEST: A Variance to construct a 67' hall telecommunications tower that exceeds the B - Business zoning 50' building height limit by 17' on Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 and 17.90.040). LOCATION: 1812 Mill Bay Road ZONING: B -Business This notice is being sent to you because our records indicate you are a property, ownerfinterested party in the area o the request. Ifyou do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Depanmem Written comments must be received by 5 nm. Tuesday. February 2 2016 to be considered by the commission. if you would like to fax your comments to m, our in numb, is: (907) 486-9396, or you may email you comments to ssmithrlruhakok.us. If you would like m reality via telephone, please call in your comment; during the appropriate public hearing section of the meeting. The local call-in telephone number is 411 The tall free telephone number is I-855-192-9202. One week prior to the regular meeting, on Wednesday, February 10, 2016, a work session will be held at 6:30 p.m in the Kodiak Island Borough Conference Room (#121), to inview 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. Ifyou love any gmstiom about the request or you appeal rights, please feel free to call us at 411 \bur Name: alaliiae Add. s:m.r.^pant dacdpnun: Case No. 16-010 Public Comment Package 16-01E0 (Postponed from the June 15, 2016 meeting) Plagee1�R6Gvm§ Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: APRIL 20, 2016 Case 16-010 Request a Variance to construct a 67' tall Location telecommunications tower that exceeds the 1812 Mill Bay Road B -Business zoning 50' building height limit by Applicant 17' on Lot 3, Block 4, Airpark Subdivision Alaska Wireless Network (KIBC 17.195 and 17.90.040). .M1^ ••. vi PSN` dv Edi H �F 4 R 4 #'yep S 7 , 'c t8 `• _ Spv Public Hearin—q Notice Feel MSubject Parcel u.i�VSO ° ¢Ss sm I.,su Notification Area ItaGlM1 mi. abm,pl, o® communlry 0tvelepin�nr Wyinmm .... Icu.puy. mp/wxx.Yoaauk,n'9e I9071 IBB W msmaupobabwnm.lp,.p®+ _ vry NUNbn6lb�1glagM4.t i^mm.Y,�nGn�lolWry. Case No. 16-010 Public Comment Package CASE: PogaelggAilhl 16-010 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA 7E£ #Z a. }U§§k§`§\|m);|§§ _ / 2Q. H. . ;§E 16-010 (Pstp ek from thJune ,r2,emng) Caen m from the July 13, &SR2Regular Meeting 2ge&!§! � ljkd ,2\b �/§§ � T I�,; °��_; ��§■§.w2§;° §§ : �,l•§§§§|§|§!§§§||§)m�}!§ j)O)§.... :§;§�i§(§§�§t .-0�/.§)�.)\..).a-2v }U§§k§`§\|m);|§§ _ / 2Q. H. . ;§E 16-010 (Pstp ek from thJune ,r2,emng) Caen m from the July 13, &SR2Regular Meeting 2ge&!§! � °��_; ��§■§.w2§;° §§ : �,l•§§§§|§|§!§§§||§)m�}!§ � :§;§�i§(§§�§t }U§§k§`§\|m);|§§ _ / 2Q. H. . ;§E 16-010 (Pstp ek from thJune ,r2,emng) Caen m from the July 13, &SR2Regular Meeting 2ge&!§! AGENDA ITEM #2.e. 16-010 (Postponed from the June 15, 2016 meeting) 'pM§e'1MYbf238 Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: APRIL 20, 2016 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Be, Rod, Kod'mk Alaska MIS 190714869363 w-kadakak,s January 6.2016 Public HearingItem 7-A PUBLIC HEARING NOTICE A public hearing will be held an Wednesday, February 17, 2016. The meeling will begin at 630 P.M. In the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Bomu Phntdn and Zonin CommiviattohrscammenBifetw.on he following test: CASE: 16010 APPLICANT: Alaska Wireless Network AGENT: Dave Baker REQUEST: A Variance t0 coostmd a 67' fall Ielecotnmuni®tions tower that exceeds the B- Busiress inning 50' building hclgbi limit by 17' on Lot 3, Black 4, Alrpark SubdlAslon (KIBC 17.193 and 17.90.040). LOCATION: 1812 Mill Bay Road ZONING: B -Business fins notke is being sem to you bcame our reards iMicale you one s property.."Irnacud poor, in the nae of da request. Ifyau do M wish m talify ve,baliy, yma mry provide yomamunems in Ih slots below a in a Inur to the Community Development Depmment Wrima commenu mint be rer,hM M 5 nm. Tuesday. Fehrusn 2 1016 res be con.Wemf M the eemmissiom If you wu.W like to hs your conn H to as, our fes number is: (907) 416.9396, or you may it your amrncms to umith l,o iolwk.w. 1f you Wold like to testify via tehpkoae, please a11a year amments dorhrg the cppmprlall Public hearing seselo of the meetin, no bol alMa whphaae number In 4163731. The tall free telephon number h 1-455-4 b9201. qw week pia m she rei in, on WedtteWay, February 10.2016, • work session will be held., 6:70 Pro. In the Kodiak lsleld Bomagh Cof eRam(8121), to reaimv lbe packet mnerial Pathe a se Kodiak Is1aM Bomagh Code pmWdes you with spocibc oppeel righu If you disoilo,e with the Cammb aioa s decision o this mqt. Ifywa hese am 9uestiom.bout the request or your appeal rights, place hal free to oil as at4169367. 11�aa�:�Gnt-lNV4Ai(_+KI d4H4 Atldrnv T\06\'f tin M4 CN \.+MaP,g4,a,laaai 6maatc � • >� Case No. 16.010 Public Comment Package CAS .Pogse1qalP�i1'Ll 16-010 (Postponed from the June 15, 2016 meeting) Gase packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z. a. 16-010 (Postponed from the June 15, 2016 meeting) 'PX§e'19Ybf238 Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. 16-010 (Postponed from the June 15, 2016 meeting) PSge 192W233 Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: APRIL 20, 2016 January, 31,7016 Dear Planning and Zoning Commission: This Icderis regrading Alaska Wheless Network's request to install a telecommunications lower, exceeding the B -Business zoning height limit, on Mill Bay Rad. I am a homcowner at I814 Chicheaof, appaximaely me tenth of mile away from the proposM site and have seven) objections to the lower. 1) The perceived and verifiable health and safety concerns surrounding telecommunications movers. particularly meta rowers (the type AWN intends to coestect), will reduce residential property values, 2) the unsightly appearance ofa elerummunicatlons lower, which may also have lights nem the top, visible from my residence, will reduce property values, and 3) the missing and conflicting infometion provided by AWN in their application to the FCC (artached), makes it difficult to accurately assess the intended ge)al. The perceived health and safety concerns surrounding mono lowers pill seduce property vain" orr"idences within the vicinity of one, as well w make rental properties less desirable. In addition to the homes an Chtchaouff, Shmeonoff, and Basel Streets, them Is a mobile home park less than a 25 mile north of the proposed site, a residential rental property across the street, rmidences across the lake, and numemm businesses Among the health and safety concerns, which me public and costly accessible to a potential buyer or renter are: • Radio-frequenry radiation used by cellular town" b • possible carcinogen. The Warm Health Organiratiou and the International Agency for Research on Cancer (IARC) classified RF radiation as a possible carcinogen in 2011. having accumulated enough Information to do. As mobile cell phone use is a recent technology, the World Health Organization is conducting a "formal risk nssessmem ofall studied health outcomes from radio frequency fields exposure," in 2016 ( World Health Organization. who.inLcom. "Electromagnetic Fields and Human Health"). e Documented adverse health effects of living near • telecommunications mono towerormumes: a. United KLgdom: Seven clusters or.., brain hrmonhages, and high blood pressure discovered within radius of400 yards ofm11ular lower, and b. United Kingdom: Cellular lower removed after discovery ofclmter of3l cancers on one street within sight ofa 90 foul ell Iowa (Foggo, Daniel. "Cancer Clusters at Phone Masts."The Sunday 3rmes.22 April 2D07). c. brawl: In 2010, Dr. Siegel Sadetzki of Tel Aviv University testified an a US Senate Hearing that she had examined 622 people living from 3-7 years within 350 meters of a cell tower. They were compared to a group who lived further away. Thee were over four limes as many cancer patients from the arta rear the cell lower. • RF radiation Is more powerful and dangemas to human health near the lop ora mono tower and Kodiak neighborhoods within a quarter mile of the proposed she am at higher elevations than the mono tower situ The proposed mono lower site on Mill Bay mad is at lower elevation than nearby residential neighborhoods. The ounh end of Cldchenoff5teet sits N a significantly higher elevation than the proposed site and encompasses residences and Providence Chmiak Bey Elder Hoose, to well as Providence Hospital. Consequently, it's reasonable to believe that dangerous levels or radiation could caisl a (hose locations. Case No. 16-010 Public Comment Package 1Ppg�e����i11 O1 16- 16-011 0 (Postponed from the June 15, 2016 meeting) Case packet from the July 13, 2016 PAZ Regular Meeting AGENDA ITEM #Z.e. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JULY 13, 2016 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: APRIL 20, 2016 s The FCC does not have the capacity to adequately monitor the RF radiation emissions from lower oranlems,sites. The Ilbf(StreerJounml repined in 2014 that I In le cellular installation sites in the United Stales was nut of compliance. exposing residents and workers to unsafe levels of radiation. (Dugan, Jeam c and Ryan Known. `Cellphone Boom Spurs Antenna Safety Worries." IFall SlrectJoumah 2 Oct 2014). Of the 300.000 studied, X000 Were emitting dangerous levels of radiation. 2 The unattractive sppcit"see of mono loners would also decrease property values in the surrounding tarn. 3. Finally, the to formation provided by AWN is contradictor' and insufficient to engage in thorough discussion regarding the variance request The lever sent out to property comers In the vicinity states that AWN wishes to exceed the building height limit by 17 feet, fora total 01.67 feel. but their application to the FCC states they are seeking to build a mono lower 123 metro high. The question regarding the environmental impact Ore IGIECOunu iCtuiam tower was tell blank. as was the certifieslion that the towcf would have no environmental Impact. For these ressom, l urge the commission to deny the variance rectors. At a minimum, AWN could provide further Information and the public could be provided with additional time to consider and comment upon it. Sincerely, Tonya Heilman 1814 ChichenofSueel Kodiak,Alaska99615 (917)648-4896 Case No. 16-010 Public Comment Package 16-010 (Postponed from the June 15, 2016 meeting) P008e196ARN Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z. a. 16-010 (Postponed from the June 15, 2016 meeting) Pb§e f9Tbf 233 Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z. e. 16-010 (Postponed from the June 15, 2016 meeting) Page Tsb orzsa Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z.a. 16-010 (Postponed from the June 15, 2016 meeting) PM§e'157'bf233 Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #Z. a. 16-010 (Postponed from the June 15, 2016 meeting) PMye'198'bf238 Case packet from the July 13, 2016 P&Z Regular Meeting AGENDA ITEM #2.f. 2. With the exception of a storage container encroaching across a property line, this plat meets the requirements of Title 17 (Zoning) of the Borough code. The adopted conditions of approval will ensure the encroachment Is remedied prior to Final Plat approval. 3. This plat provides a subdivision of land that is consistent with the adopted Borough plans and development trends for this area. 4. The adopted conditions of approval should ensure that the Final Plat meets the standards of Titles 16 (Subdivision) and 17 (Zoning) of the Borough Code. ROLL CALL VOTE ON MOTION CARRIED 5-1. The ayes were COMMISSIONERS ARNDT, BALDWIN, ALTENHOF, SCHMITT, AND SPALINGER. The noe was COMMISSIONER PAINTER. B) CASE 16-010 (Postponed from the February 17, 2016 Regular Meeting for lack of quorum). The applicant is Alaska Wireless Network and the agent is New Horizons Telecom, Inc. Request a Variance to construct a 67' tall telecommunications tower that exceeds the B -Business zoning 50' building height limit by 17' on Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 and 17.90.040). The location is 1812 Mill Bay Road and the zoning is B -Business. COMMISSIONER SCHMITT MOVED to grant a variance, per KIBC 17.195 and 17.90.040, to construct a sixty-seven (67) foot tall cellular communications tower that exceeds the B -Business zoning district fifty (50) foot building height limit by seventeen (17) feet on a leased site located at 1812 Mill Bay Road (Airpark Subdivision, Block 3, Lot 4), and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-010. Sara Mason reported staff is proposing to postpone this case based on supplemtnal information that we received a little too close to this meeting. We have an updated site plan that will require another supplemental staff report that we weren't able to get into the packet. CHAIR ARNDT said this will be the third site plan. Director Pederson stated after your packet review where the property owner expressed concern about the location they proposed at that time, the second location moving it further to the north, he had a third site plan and we said that was too late because packets had already gone out so we recommend continuance. We spoke with the adjoining property owner again today. They've been in contact with the applicant in trying to work out a mutally agreeable location so staff recommends postponing this to your April meeting for action at that time. In response to COMMISSIONER SCHMITT'S comment regarding a note he had from last month and didn't catch it at last week's work session, we have some information in the packet that they have and indeed have applied to the Federal Communications Commission but it would be nice to get the approval as part of the packet. He was going to make that a condition of approval. Director Pederson said he would be happy to see if that has been issued yet and if it's not or their timeframe for that approval would follow after your approval we could enter a condition that they couldn't get the Zoning Compliance to commence construction until they have the actual approval document and a copy to us. CHAIR ARNDT stated since we have it scheduled for public hearing, do we want to hold the public hearing or just wait. Director Pederson stated you should open it for public hearing but he doesn't think anyone is here for that item. Open public hearing: None Close public hearing: Kodiak Island Borough Planning & Zoning Commission Minutes March 16, 2016 Page 199 090 4 Applicable meeting minutes from the March 16, 2016 Regular M... AGENDA ITEM #2.f. COMMISSIONER SCHMITT MOVED to postpone this to April 20'" regular meeting agenda ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY C) CASE 16-011. The applicant is Surf and Turf, LLC and the agent is Doreece Mutch. Request a rezone of Lot 1, Sawmill Subdivision from C -Conservation to I -Industrial (KIBC 17.205). The location is 1667 Monashka Bay Road and the zoning is C - Conservation. Note: 6 public hearing notices were mailed on December 15 and 1 response was received. COMMISSIONER PAINTER MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of Lot 1, Sawmill Subdivision from C -Conservation District to ]-Industrial District and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-011. Director Pederson staled as you know the commission and the assembly recently adopted the Comprehensive Plan Amendment for this site to correct (inaudible) like the other case on tonight's agenda to correct an error In the Comp Plan Update in 2008 that got the mapping wrong. Although the zoning is correct as Conservation, it is now the future land use designation is Industrial so as we put forth in our staff report we think it's appropriate that this property be rezoned to Industrial. It's conistant with the Comp Plan and there are adequate buffers in place with the greenbelt area of the borough owned properly to the north and northeast of this site. There's also a platted greenbelt designation on Lot 2 of Sawmill Subdivision that paralells the Monashka Bay Road there. It also reflects the long standing Industrial and Business uses of this property and we recommend approval. Open public hearing: None Close public hearing: CHAIR ARNDT stated he'd like to see an amendment that returns the $1000 application fee on this case because the Old Harbor Comp Plan Amendment and Rezone change was handled with one fee. It's only appropriate that this fee be refunded because they paid $1000 fee for the Comp Plan Amendment. COMMISSIONER SPALINGER MOVED TO AMEND the motion to refund the $1000 application fee for this case due to already paying the $1000 fee for the Camp Plan Amendment. Director Pederson said he will take that as a recommendation to the Manager because the fees are not part of what the Planning and Zoning Commission does so we will be glad to make that recommendation to the Manager. FINDINGS OF FACT 1. The rezone will recognize long standing industrial uses on this site. 2. The lot is of sufficient area and provides suitable building sites for industrial use. 3. The lot is adjacent to (-Industrial zoned land and uses. 4. Adequate buffers between this lot and nearby residential development are established by ordinance and plat restrictions. 5. The lot appears to be capable of accommodating the full range of industrial uses without negatively impacting the surrounding area. The I -Industrial zoning performance standards listed in KIBC 17.105.060 should further ensure that there are no negative impacts with future industrial development. 6. The rezone is consistent with the adopted 2008 Comprehensive Plan Industrial/Light Industrial Future Land Use Designation and plan guidance for identifying new industrial locations. The rezone will also further implement various objectives of the plan. 7. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. Kodiak Island Borough Planning & Zoning Commission Minutes March 16, 2016 Page 200 090 5 Applicable meeting minutes from the March 16, 2016 Regular M... AGENDA ITEM #2.g. do it because there's a physical impossibility through no fault of our own. Those things are a lack of forward planning on behalf of Community Development and perhaps past Planning and Zoning as the town is developed. Those kinds of things should be looked for and anticipated so you don't penalize the little people in favor of the ones that do have the money to do what they need to do. PUBLIC HEARINGS Public Testimony Is Limited To Three Minutes Per Speaker. Local Number: 486-3231; Toll Free: 1-8554192-9202. A) CASE 16-010. Request a Variance to construct a 67' tall telecommunications tower that exceeds the B -Business zoning 50' building height limit by 17' on Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 and 17.90.040). The applicant is Alaska Wireless Network, and the agent is New Horizons Telecom, Inc. The location is 1812 Mill Bay Road, and the zoning is B -Business. The motion on the table from the March 16, 2016 regular meeting is: COMMISSIONER SCHMITT MOVED to grant a variance, per KIBC 17.195 and 17.90.040, to construct a sixty-seven (67) foot tall cellular communications tower that exceeds the B -Business zoning district fifty (50) foot building height limit by seventeen (17) feel on a leased site located at 1812 Mill Bay Road (Airpark Subdivision, Block 3, Lot 4), and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-010. Director Pederson said he will lead off and if you have any questions, Mason has worked on the case. When we talked after the work session about some of the details or nuances of the application that weren't squared up Pederson recommended to Mason that we make a request for a sixty day continuance. This is the third month this item has been before you where the third location for the same site, and it's a very simplistic recommendation and that thirty day postponements haven't worked here before so we thought sixty days is a way to pin down the site, get the application details nailed down, and further opportunities to interact with the adjoining property owners. That was the basis for the sixty day postponement. Other than that if you have details about the application and what the ongoing discussions with the applicant were, Mason can fill you in. Mason stated this was originally on our February agenda, and we talked about it at the February work session. We didn't have a quorum for the February regular meeting and then last month we postponed it to this month. Since last month's public hearing we have received an updated site plan and fall zone survey that is in your packet, and then last week during the work session there was at least one question about public safety and frequencies and there is a memo In your packet that addresses that. Director Pederson said for the benefit of COMMISSIONER SCHMITT who wan't at the work session, he did relay his concern about the FCC license application being current to square up with the most recent application. We did talk about that, and he's not sure if they re -filed it or not. Mason stated the ASR, the antennae registration, they are working on having that updated now but currently the latlongs don't match the site plan on the ASR registration. COMMISSIONER SCHMITT MOVED to amend the motion on the floor by adding "subject to one condition of approval" at the end of the motion. The Condition of Approval is: 1. Prior to issuance of zoning compliance, the applicant shall provide certification that the FCC has approve its application to construct the subject tower as proposed. Open public hearing: Sherry Greenshields stated she's a Site Consultant for Alaska Wireless Network and she's calling about the proposed Bartel tower site Variance. We understand our application is Kodiak Island Borough Planning & Zoning Commission Minutes April 20, 2016 Page 2 Page 201 of 238 Applicable meeting minutes from the April 20, 2016 Regular M... AGENDA ITEM #2.g. incomplete without the updated ASR plus we need to answer commission questions from the April 13th work session. We would like to request our hearing be delayed until May 181h. CHAIR ARNDT requested Sheila Smith read into the record the comments from Stosh Anderson. Smith read his email and letter into the record. Kevin Arndt stated he sent in a letter concerning this third time coming before the commission, they implemented a condition that the fall zone be within their property. At that time, they were putting the tower in the middle of the property, and then this time they moved it all the way over next to his property line knowing there was already a condition but for some reason there's not a condition on it at this point. Arndt requested that the condition is put back Into play, you could call it public safety due to the fact that it limits him on what he can do on his property. He would not, with the tower right there, put in a housing residential complex. There were four things that he had in mind to do there, one being a trailer court, and the other two were commercial, and one was resdidential. At this point, he would have to take that off the table completely. He doesn't know why they would move it away from an existing house so that the fall zone was not there but they felt it was OK to move it to someone else's property line right next to it. He doesn't see the fall zone radius even showing for the property in the back which maybe they didn't have to at this point. He would recommend that that P&Z look at a code change to a lot for these fall zones to be within the property. He guesses that right now everyone is grandfathered that have them but to implement it for future ones. It should be within your own property. He doesn't understand this but again he asked the commission to put this on as a condition. Close public hearing: COMMISSIONER PAINTER wanted to clarify one thing that was mentioned at the work session and was misunderstood. Public safety and frequency -there's enough data that she couldn't speak on that because the FCC manages those licenses and frequencies. What she was speaking to was the possibility of telecommunications system that could cause radio frequency interference with public safety communications. A lot of other communities require that a stamp or sealed analysis prepared by a registered professional engineer licensed in their state do an affidavit or something to that effect that says it would not because it would be really costly. She's not saying we have to do that but that was what she was mentioning and was turned around. When she first thought about this case she was really wanting it to be in the center of the property because of the fall zone, and someone just mentioned that if it was a fifty foot tower put on the property line, there's no issue because it's within the height limit so she's torn between that statement, if it was a fifty foot monopole on the property line or near it, there's no requirements because there's nothing in our code. She agrees with what Kevin Arndt said, but a sixty-seven foot tower is above and beyond the height limits so those are the things we're going to have discuss. COMMISSIONER SPALINGER MOVED to postpone to the June 15, 2016 Planning and Zoning regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS A) Case 16-012. Adoption of Findings of Fact in support of the Commission's denial of a rezone of Lots 10 thru 13, Block 31, East Addition Subdivision from R2 -Two-family Residential to R-3 Multifamily Residential (KIBC 17.205). Director Pederson stated Maker prepared this memo dated April 15th recommending Findings of Fact in support of the denial of the rezone and he proposes five findings of fact for your consideration. He said the applicant has requested the assembly review this action of P&Z and it will be scheduled as soon as P&Z adopts findings of facts. Kodiak Island Borough Planning & Zoning Commission Minutes April 20, 2016 Page 3 Page 202 of 238 Applicable meeting minutes from the April 20, 2016 Regular M... AGENDA ITEM #2.h. Kodiak Island Borough Planning and Zoning Commission Regular Meeting Minutes 13, 2016 Regular Meeting 6:30 pm -Borough Assembly Chambers CALL TO ORDER CHAIR ARNDT called to order the July 13, 2016 regular meeting of the Planning & Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE CHAIR ARNDT led the pledge of allegiance. ROLL CALL Commissioners present were Scott Arndt, Jay Baldwin, Barry Altenhof, Maria Painter, Alan Schmitt, and Greg Spalinger. A quorum was established. Community Development Department staff present was Sara Mason, Sheila Smith, Jack Maker, and Bob Pederson. APPROVAL OF AGENDA COMMISSIONER SPALINGER MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER BALDWIN MOVED to approve the May 18, 2016 regular meeting minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS (Limited to three minutes per speaker) Caller on the line but the phone system disconnected the call once answered. PUBLIC HEARINGS Limited to three minutes per speaker. Local telephone number is 486-3231; Toll Free is 1-855- 492-9202. A) CASE 16-010. Request a Variance to construct a 67' tall telecommunications tower that exceeds the B -Business zoning 50' building height limit by 17' on Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 and 17.90.040). The applicant is Alaska Wireless Network and the agent is new Horizons Telecom, Inc. The location is 1812 Mill Bay Road and the zoning is B -Business. Kodiak Island Borough Planning & Zoning Commission Minutes July 13, 2016 Page 1 Page 203 of 238 Applicable meeting minutes from the July 13, 2016 Regular Me... AGENDA ITEM #2.h. COMMISSIONER PAINTER MOVED to grant a variance, per KIBC 17.195 and 17.90.040, to construct a sixty-seven (67) foot tall cellular communications tower that exceeds the B -Business zoning district fifty (50) foot building height limit by seventeen (17) feet on a leased site located at 1812 Mill Bay Road (Airpark Subdivision, Block 3, Lot 4), and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-010. Sara Mason reported this case was postponed at the April meeting and was supposed to be on the June agenda but that meeting was canceled. On June 16, staff received supplemental information from the applicant; on the 21" staff completed another supplemental staff report after review of this information, and staffs recommendation has not changed. We recommend the variance be granted with no conditions. We did modify finding of facts #6 to reflect the applicant's due diligence in finding a location within their search range. Open public hearing: Phone call was disconnected. Travis Drake, GCI Project Manager, stated he implements urban wireless solutions in most urban areas in the state. The variance request for the tower is seventeen feet over the allowable height limit for tower structures. This project started in 2014 to improve coverage in Kodiak for GCI's subscribers and to deploy for GLTE. Not only did they want to deploy new technology, they wanted to fill all the coverage gaps that were experienced with their voice and data services. He went through the slide deck handout provided to the commission. Sherrie Greenshields, New Horizons Telecom Site Acquisitions Specialist, stated she has been working with AWN trying to locate a site in Kodiak within the search ring. She tried to locate on City of Kodiak land, KIB land, or the Kodiak Baptist Mission land. These allowed utility use. She tried to get on the hospital land but they were not willing to consider due to wanting to expand. Pederson told her that the code allows radio station use that also allowed cell towers on Business zoned land. Looking at the FCC database and comparing it to the borough parcels she found three towers that had been constructed on Business zoned land in the past; three over fifty feet In height and they had been given variances. We have constraints because of the proximity to Lilly Lake and the airfield. We sent letters requesting interested parties to allow us to locale a cell facility on their property, and we received one response, which is the site we are requesting a variance for. We were able to negotiate a lease area. We moved the site to the corner away from the neighboring house so the tip over of the tower would not affect any structure currently constructed. Kevin Arndt stated he sent the letter opposing this tower. He needs clarification that the fall zone is within the lease property, what has changed. This is obviously not a concern because it has not been brought up since he sent the letter in. It is not a condition anymore, he does not understand why. They moved it from the house up against his property line that puts more of the fail radius on his property. There is no existing building on Arndt's property right now but what does that mean in the future. Nobody has ever complained about these lowers because they have been on Business land, nobody has ever worried about what might happened to it if it falls. Arndt contacted his insurance carrier along with the tower property owner got in touch with the insurance carrier. Amdt's insurance company said it would not become an issue until something was built there and if it were brought to their attention, they would look at it. They use the term unstable tower or building they would be adverse to insuring with anything on adjoining property. This tower should fall within the property, and not encumber the neighbors in any way. Caller could not be put through. Kodiak Island Borough Planning & Zoning Commission Minutes July 13, 2016 Page 2 Page 204 of 238 Applicable meeting minutes from the July 13, 2016 Regular Me... AGENDA ITEM #2.h. Phil Weisman, GCI Construction Manager, stated he spent the last year refurbishing and reconditioning GCI's towers across the island. It would be his job to build the tower should the variance be approved. The tower was designed with the newest specifications from the Feds and State of Alaska; it exceeds all those requirements in both foundation and in tower design. It is a monopole because every other type of tower has a breakpoint that allows it to break off and go whichever way it wanted to. Monopole's are designed with a slip sleeve that slides onto one another and are bolted; they will bend but will not break. There Is a possibility, however slim that the lower might fall over which is why we have a turnover radius in the design. The chances of a tower this high falling over would have to be along the lines of the 64' earthquake, it's just not going to happen. This design is the best the State and Federal Government can produce. We took into account wind loading, ice loading, and seismic activity so this is one of the best design towers. We have done our due diligence as far as what's existing right now and we made the move to accommodate the fact that it would not affect anything that exists today if it fell over. Close public hearing: During discussion, some commissioners expressed concern regarding the impact on neighboring lots. ROLL CALL VOTE ON MOTION FAILED 3-3. The noes were COMMISSIONERS ARNDT, BALDWIN, and SPALINGER. The ayes were COMMISSIONERS ALTENHOF, PAINTER, and SCHMITT. B. CASE S16-012. Request a vacation of a 10' wide sanitary sewer easement on Lots 2B and 3, Block 1, U.S. Survey 3066AB (KIBC 16.60). The applicant is Dave Hilty and the agent is Chris Lynch. The location is 1834 & 1844 Mission Road and the zoning for Lot 2B is R2 -Two-family Residential and Lot 3 Is B -Business. COMMISSIONER PAINTER MOVED to approve the vacation of a 10' wide sanitary sewer easement on Lots 2B and 3, Block 1, U.S. Survey 3066AB (KIBC 16.60), subject to one (1) condition of approval and to adopt the findings of fact entered into the record for this case as "Findings of Fact" for Case No. S16-012. Jack Maker stated the 10 -foot wide sewer easement runs through two adjacent lots owned by the applicant. This request Is an effort to increase available development area on the lots, in addition areas within and around the easement have significant erosion. Vacation of the easement will allow the applicant to restore the eroded areas. The easement contains a sewer outfall that has not been used since construction of the City's Wastewater Treatment Facility in the 70's and then in the 90's it was removed from the system. City Public Work's Director Mark Kozak provided comments stating the City no longer has a need to retain the easement. The easement has never been platted so the applicant does not have to file a plat but staff recommends the applicant file the appropriate document with the State Recorder's Office. Staff recommends approval subject to one condition of approval. Director Pederson stated the recommendation is based on experience that it is common that easements can be relinquished by just recording of a relinquish of the easement by the easement holder against the title of the property. Open public hearing: None Close public hearing: CONDITION OF APPROVAL Kodiak Island Borough Planning & Zoning Commission Minutes July 13, 2016 Page 3 Page 205 of 238 Applicable meeting minutes from the July 13, 2016 Regular Me... AGENDA ITEM #3.a. TRANSCRIPT OF KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MEETINGS (EXCERPTS RE: CASE 16-010, ALASKA WIRELESS NETWORK) April 20, 2016 - Pages 2 through 15 July 13, 2016 - Pages 16 through 45 August 17, 2016 - Pages 46 through 54 TRANSCRIPTS ONLY 2921 Wiley Post Avenue Anchorage, Alaska 99517 (907) 276-0306 Page 207 of 238 Transcript of Kodiak Island Borough Planning and Zoning Comm... PLANNING AND ZONING COMMISSION MEETINGS (EXCERPTS RE APRIL 20, JULY 13 & AUGUST 17, 2016 (Paaes 2 to 5) AGENDA ITEM #3. a. CASE 16-010) 2 TRANSCRIPTS ONLY (907) 276-0306 Transcript of Kodiak Island Borough Planning and Zoning Comm... Page 208 of 238 Page 2 Page 4 1 1 MR. PEDERSON: That's fine. 2 2 CRAIRARNDT:—whyl'm- 3 KODIAK ISLAND BOROUGH 3 MR PEDERSON: That's fine. Don't matter. 4 PLANNING AND ZONING COMMISSION MELTING 4 CHAIRARNDT —a little confused. It happens. So Id's 5 (EXCERPFRE: CASE 164110, ALASKA WIRELESS NETWORK) 5 saym- 6 6 MR PEDERSON: Olay. Staff report? 7 Ape 20, 2016 7 CttMRARNDT:— do you staff report now. a 8 MR. PEDERSON: Okay. Let mejutl — Ill lead off, and if 9 MEMBERS: 9 you law m0' detailed questions, Sates wurkxd on the rase. 10 Scott Ankh, Chair 10 When we talked after the packet review meeting about some of the 11 Barry Aheabof 11 details or the nuances of the application slat vveren t squared 12 ay Baldwin 12 up, I recommended to Sam Lou we naku a request for a 60 -day 13 Moria Painter 13 continuance. This is the third month, I think, this dcros been 14 Alan Scaren 14 before you, or the third location on the same site. 15 Cacg Spolinter 15 And it just — it vvas a — I think a wry simplistic 16 16 rewmm endation, in that 30 -day postponements haven't wurked 17 STAFF: 17 beretofore. So vw thought maybe 60 days twald be a way to pin 18 Sane Mason 18 down Ove site, get the application details nailed down, and 19 Bob Pdason 19 further opportunity to interact with the adjoining property 20 5beila Smith 20 owners So that svgs the basis for the 60 -day poslponwnenl. 21 21 So other than that, if you haw — deans about the 22 22 application and what the ongoing discussions with the applicant 23 23 were, Sam could fill you in on those. 24 24 CRAD4ARNDT. Okay. Sara, anythagyvtidlike toss)? 25 25 MR-YIA.SON: Sorry. Teehnicaldill-¢tales No,lmean, Page 3 Page 5 1 (16-010 P&Z4-2(W6 RhI Public Hcadngvtm) 1 this one was originally on our Febnary agenda, end we talked 2 (Requested esutpt begun:) 2 about it at the February xsak session. We didn't haw quonmv in 3 CHAIR ARNDT. Heating and seeing now. xehl go ahead and 3 Febnap•. And then last month xe postponed it to this wrath 4 nmecumoufustpublichemingcase hfscase16-10. 4 And sooting month's public hewing, wchavemccived an 5 RepmatavariancelomWnMa67-feat-all 5 updated siteplan and fall mnesmwy, which was inyau 6 idavmanicatiam tower that e e=& the&business inning 50. 6 Parke. And that last week during the mak session, therexas 7 Fad building height lint by 17 foot on lot 3, bloc: 4, Airport 7 at least onequcsOat about public safdy and Gequcoeies And 8 Subdivision, Kodiak island Borough code 17.195 and 17.90.040. 8 Wats a neo in you packet that addresses gal as vvell. 9 The applicant is Nada Wireless Nwwvrk and the agent is 9 CHAIR ARNDT-. Well go— xe can talk later on re Wein 10 New HorimsTelccanbaapmatd. Ibelocationis1812MAI 10 Well gee ahead and pit the public 11 Bay Road, and the mmg; is B-busirvess. 11 So, Mc Pederson, just for the bavefit ofComdssioa 12 This was before us and it was table from to Mads 16th, 12 Sdunr,xie was tout or the parka review, I did nay as 13 2016mccing Avd Mr.Sduriahadapgovedsolthink welave 13 ooremt about the FCC license application being amens, to 14 a motion already on the floor. So with — it was able. Do we 14 squaeup with themml roast application, cad so we did alk 15 need to do a rosier again? Bob. 15 aborathat. And Swa, how sureiftheyfild—gait 16 MR. PEDERSON: Mr. Chairman, I laiiew it vas postpa.dto 16 mfildumtdthispdnl 17 ),,v hewingtantght, so the public bearing could—to reopen 17 MR. MASON: Yeah, there— the ASR, dee enteraw 16 the public hewing vmld be— I believe vouid be the 16 registration, they1c working on hating that updated now,but 19 sgprvgiutemdion. Atdthe mcoulddonsalfreprt Gum 19 correctly thelw-longa don'trtmch the site plan and the one on 20 Were 20 Ore ASRtegistation. 21 CHAIR ARNDT: Okay, because it shoes gaff report. 21 CHAIR ARNDT: Okay. Thw's the saRreport. Theresa 22 MR-PEDERSON: MyoujvWhaveloga— 22 recommended —x91, rd like to gee thuougli the —get emotion 23 CHAIRARNDT: Yshows tavmamaded— 23 onthe floor, get through the public hewing Nanhadasland 24 AIR PEDERSON: — first; either way. 24 coq. 25 CHAIR ARNDT-.— motion aflaxards. That's— 25 COMMtSSRONERSCHMRT: Iwnsgdngto—tat'sanissue 2 TRANSCRIPTS ONLY (907) 276-0306 Transcript of Kodiak Island Borough Planning and Zoning Comm... Page 208 of 238 AGENDA ITEM #3.a. PLANNING AND ZONING COMMISSION MEETINGS (EXCERPTS RE CASE 16-010) APRIL 20, JULY 13 & AUGUST 17, 2016 (Pages 6 to 9) TRANSCRIPTS ONLY (907) 276-0306 Transcript of Kodiak Island Borough Planning and Zoning Comm... Page 209 of 238 3 Page 6 Page 8 1 then I —well, Hn going to make a motion to armed by adding 1 will do is go ahead and close the regular meelmg open the 2 subject to one condition ofapproval at the end ofthe motion. 2 public hearing 3 And the condition ofspproval is prior to issuance ofmning 3 And fid read the numbers again. The local number's 48& 4 compliance, the applicant shall pmside cenification that the 4 3231. Toll-free number is 1-855492-9202. And ask— we -1 5 FCC las appm%vd its application to cla mutt the subject tower 5 understand we missed somebody that had called an here eedier. 6 as proposed. 6 Peau call in again and — 7 CHAIR ARNDT. That would M once it's— before m right 7 UNIDENTIFIED VOICE: (Indiscernible). 8 row, wrWirokmgat a postponement, andthen well hold the 8 CHAIRARND'r- What'stisl? The - 9 public buringoo this. Sowhafs— 9 UNIDENNTEDVOICE. (Indiscernible). 10 MS. SMITH: Was that an — 10 CHAIR ARNDT. Okay. So with that, well go ahead mrd take 11 CHAIR ARNDT. — the wishes— 11 Bre eager, peau. 12 ALS SMlllt: —official entim? 12 IHS SMITH: Planning and Zoning greeting You're on the 13 COMMLSSIONERSCHNITITe Yes. 13 air. Pease state your name for the record. 14 MS. SMITH: Okay. 14 NLSGREF.NSHW..LW: Sherrie Greenshields. 15 CHAIR ARNDTe N speaks to the findings uffi¢t It 15 CHAIR ARNDT. Go ahead 16 doesnY speak to the— 16 NLS GREENSHIELDS: Hello. fm a she consultant for 17 COMMISSIONER SCHMITT: It speaks— 17 Alaska Wireless Network, calling about the proposed Bartel loser 18 CHAIR ARNDT. —case. 18 site sarmnce. We understand our application is incomplete 19 COMMISSIONER SCHMITT: —to the body ofthe motion. 19 without an updated ASR, plus we reed to answer commission 20 CHAIR ARNDT: Repeat a, then please. 20 questions from the April 13th wotdng session. We would dike to 21 CONVMSSIONERSCHMITT. Adding.—addirgm the nation an 21 request our hearing be delayed umB May 18th. We will be 22 fic usy— 22 prepared at dist date. 23 CHAIR ARNDT: Whmnhotiun— 23 CHAIRARNDT. Okay. Thank you Anything else yofd like 24 COMMLSSIONERSCHMrrr. TMmolion— 24 tosay? 25 CHAIRARNOT.—areywuaddmgto? 25 MS. GREENSHIELDS: No. Page 7 Page 9 1 COMMISSIONER SCHMIIT:— thud's on the floor. 1 CHAIRARNDT: Allrigbi. Thank you for calling in. 2 CHAIRARNDT: Wedant Moe—itwaspostpaed 2 NIS GREENSHIELDS: Okay, thank you 3 MSSMITH: Ttmasahmllononthe Boor. 3 CHAIRARNDT. Any other testimony? Sheila,ad Ilestime 4 UNIDENTIFIED VOICE: Frame longtime alst — 4 would you go ahead end read the comments from Slash Anderson 5 CHAIR ARNDT. Oh. 5 into the record, phase? 6 UNIDENTIFIED VOICE: — (indiscmdble). 6 MS SMITH: Okay. His emad stades he will out be 7 CHAIR ARNDT. Frunbark in— 7 available to attend the P&Z meeting in person, as I am attending 8 UNIDENTIFIED VOICE: Yeah 8 a memorial unite in Washington for a forcer Kodiak resident. 9 UNIDENTIFIED VOICE: Right, sight. 9 The attached arc a few ofmy thoughts on Use issue before you 10 COMMISSIONERSCHMTTT: Aadso— 10 Please include this leiter in the public hearing case for case 11 UNIDENTIFIED VOICE: Jammy— 11 1"10. 1 did rel find an emag address— the s 12 CHAIR ARNDT.-- adding at theeM oftad, okay. 12 hrelevant— for commissioner Scot Amdl, ifstalcould 13 COMMISSIONERSCHNIfiT: Subjeerroeneconditionof 13 provide a copy. 14 approved, and then the caMition ofapprowd is prim to 14 Okay, Its letter is: Dear P&Z commissioners and stall 15 issuance ofruning mgplian e, the applicant shall provide 15 Dated April 18th. for requesting you grave forward with stall 16 conificalion that the FCC has approwd its application to 16 reconunerdalens to pant a variance with no conditions. 1 will 17 construct the subject toweras proposed 17 oudhrc the reasore I believe this is in the publics inhered is CRAIR ARNDT: s ghee a sand! 16 and consistent with die KID code and past practices. 19 UNIDENTIFIED COMMISSIONER: Second 19 Mill Bay, LLC is the landowner that nreyolided a contract 20 CHAIR ARNDT. Its been moved and seconded to amort it. 20 with Alaska Wirelem Network, GCI. In response to the 21 tonna Thankyvw, Alan, onthere. And them 1 seeyou lave 21 comnrissioncre core:ems, the town location has been cooled to 22 flat writ u nut to give Sheila 22 the northeast side of the bh recognizing to residents on the 23 COMMISSIONER SCHMITT: Yes. 23 adjacent busug s zored lot to the southwest. This locations 24 CHAIR ARNDT. So we'll pats it down to him wshe ®r— 24 not optimal for Mill Bay, LLC use or the lot, but a reasonable 25 okay. We Moe a motion and an amendment on die floor. What we 25 response to the espresed concern TRANSCRIPTS ONLY (907) 276-0306 Transcript of Kodiak Island Borough Planning and Zoning Comm... Page 209 of 238 3 PLANNING AND ZONING COMMISSION MEETINGS (EXCERPTS RE CASE APRIL 20, JULY 13 & AUGUST 17, 2016 (Panes 10 to 13) AGENDA ITEM #3. a. 16-010) 11 TRANSCRIPTS ONLY (907) 276-0306 Transcript of Kodiak Island Borough Planning and Zoning Comm... Page 210 of 238 Page 10 Page 12 1 Recognizing that a 50-foot-tal I structure could be 1 to the fact that it kind of limits me on what I can do on my 2 permitted without a variance, it is not in the publics interest 2 property at this point. I would not with the lower right there 3 to build the cell lower at that height, as it would limit the 3 put in a complex, a housing residential complex, in this point. 4 ability to Provide coverage in our community. As staled in the 4 There was four things That I had in mind to do there. One 5 document, the extra 17 feel is important to achieve reliable 5 of them was a mailer court, and the other two were commercial, 6 service. The height is limited by the FAA's standards for the 6 and one was a residential. At this point I would have In oke 7 municipal airport. 7 that off the table completely. I don't know why they would mow a Mill Bay, LLCs lot was not the first, second or third 8 it away from an ousting Inure so Bat the fall man was not 9 choice for a location ofthe cell tower, but a good location 9 there, but they fell d was okay to mow it to somebody else's 10 whore I am willing to host the facility that others were not. 10 property mho, right next to it 11 Enclosed is a photo of a lower that services a different area in 11 1 don't see the fall man adios even showing for the 12 the community close to the lot boundary. 12 property on the back which I guess maybe they didn t law to at 13 To the best of my knowledge, KID code has two fall man 13 Out point — at this point, but I would recommend, also, Oat 14 guidelines in code. This would imply a 50 -foot structure could 14 P&l look d— oh, what was — what would be called a code 15 impact an adjacent lot by 50 feet, w it would be permitted to 15 change, to allot for these fall zones to be within the property 16 benearasidelotline. 1believeitwouldbea—itwouldbe 16 for mny — I guess them's— right row everybody's 17 reasonable to set back the lower a minimum of 17 feet, the 17 gandfathered that has them, but in implement it for to[= 18 height increare requiring the variance, so it would not impact la ones it should be within the property line, within yaw own 19 the adjacent lot mom than is currently permitted without a 19 property. Ijust donl —1 dont understand this, but 1 20 variance. 20 would — again, I would ask you to put the on here as 21 While contemplating should Mill Bay, LLC enter into 21 condition, please. Thank you. 22 contract with Alaska Wireless Network, due diligence was 22 CHAIR ARNDT-. Thank you. Any other public testimony' 23 performed. I did not find a tower of this class and height that 23 Anybody wishing to came forward and speak on this or call int 24 has failed in Alaska By contact, Alaska Wireless Network is 24 Hearing and seeing none, rot going to close the public 25 required to provide insurance to cover Property and personal 25 hearing And commission discussion. Maria Page 11 Page 13 1 injury insuanw. In speaking with cemaxcial insurance 1 COMMISSIONER PAINTER: ljwslwanledlodadfywreoflhe 2 agencies. ill= is an added mu to ow insurance, and should 2 things that was mrnlioned rot the work session, and l Wink it 3 lot impact arty othersmics. 3 wisjuanismsdeslood Public safayad frequency. 7beT6 4 In conclusion, I be iewe Alaska wirdess Network an 4 enough data on that, Out l really making speak an that for 5 construct a structure Om will nal silver adjacent landowners 5 public safety, because the FCC ranges Ouse, you know, licenses 6 mote than a pertained anon Out does not requirea 6 and fregnaaies and W.W. 7 wriance his in the publicinlaea tohawermereliable 7 Bo what l was speaking to was the possibility ofa B ail and data service in our mrrnmity fapersornl and 8 Idemmnuniealims system that could rause radio frequency 9 mrmerdaluse. Than&yeufayourmsideraion. Mill Bay, 9 interferenm with public safety communications, police and fire 10 LLC, Stash Anderson. 10 A let ofoahcrcomunities require that a stamped or sealed it CHAIR ARNDT- Thank you, Sheila Okay. Bad: to public 11 uul7sis prepared by a registered pmfessioal engineer licensed 12 testimony. 12 in theirs me do an affidavit or something to that effect that 13 MR ARNDT: Hello, My sane is Kevin Arndt 13 sot dmtilwnuldnoLbeanseitwnuldbenallymslly. rm 14 CHAIRARNDT: WatiotumonthemiSKevin7 Tiankyou. 14 ndsayingwelmetodwthat. -Hat's xiutlwasnartioning 15 MRARNDT: Mynareis Kesin Amdl. Iseatinaldler 15 and sornybeiijusl got, you knmr, aimed aoual, bur that's 16 concerning this third— I gsess it is the third firm, coming 16 alwaysapoisibility. 17 before the P&7 7he sand time Omy inplemaa[ed amdition 17 And when l fin thought about [his partidar¢se l was 18 that Ilse fall mnebe within their property, and they were is idly warning it to be in the mmeroflhe property, because 19 dm time pulling the lower in the noddle oflhe property And 19 of the fall mo, a ones And sanrawjusl mmfiaod thin if 20 then nus time day, move it all the way ma nal to my—cit my 20 it was a 50 -fool Iowa pm an the property line, dare'san 21 Property line, knowing thin there was already a condition, but 21 issue, rally, beaee its within the height limit 22 far sona,. there is not a condition on it with this —a 22 Solin Unit caftan between that smaarnl ifitwas a50- 23 oispdnL 23 foot oriented pole an the Property line a, you know, right nes 24 I would request Out that condition is put bark into play 24 the properly line, there's an requirements because there's 25 To this in the— I puss you maid wall it public safety,due 25 nolonginammde Sawiutfsvinsaidlagmewilh Dula 11 TRANSCRIPTS ONLY (907) 276-0306 Transcript of Kodiak Island Borough Planning and Zoning Comm... Page 210 of 238 AGENDA ITEM #3. a. PLANNING AND ZONING COMMSSION MEETINGS (EXCERPTS RE CASE 16-010) APRIL 20, JULY 13 & AUGUST 17, 2016 (Pages 14 to 17) 5 TRANSCRIPTS ONLY (907) 276-0306 Page 211 of 238 Transcript of Kodiak Island Borough Planning and Zoning Comm... Page 14 Page 16 1 67 -foot town is above and beyad to height limits. So those 1 2 are the things lhm vete going to hast to discuss, suited 2 3 thought 1 %cold thio, that cul. 3 4 CHAMARNDT: Okay. Funhrdisatssion? Alan,ynmgo 4 KODIAK ISLAND BOROUGH 5 yammicmn. Is dnae smashing—okay. 5 PLANNING AND ZONING COMMISSION MEEDNG 6 We haw asalimammmndation fm a 60dayposlpeom mt, 6 (EXCERPTRE CASE W010, ALASKA WIRELESS NEIWORKI 7 and the applied is taPiatingthal wonly go to May 18th 7 B What's the wishes ofthe coo, ssion? Greg 0 July 13,2016 9 COMMISSIONER SPALINGER: Mow to postpone to the 9 10 June 150M 2016 Planning and Zoning regular mating 10 MEMBERS: 31 CHAIR ARNDT. Okay, id's been moved. Is these a second? 11 Scott Andt, Chair 12 UNIDENTIFIED COMMISSIONER: Saud. 12 Bury Ahenlmf 13 UNIDENFIFIEDCOMMISSIONER: Sind. 13 Jay Baldxin 14 CHAIR ARNDT: Been mmwd and soccask l to postpone to the 14 Matin Painter 15 June 15,2016 Hanningand Zoning regular timing Any 15 Alan Sdusitt 16 discussion on the What to pulpae? 16 Geg Bpalinger 17 Ilwing nate, Tell all wheat the motion to postpone 17 In MS SMITH: W. AltndmE 10 STAFF: 19 COMMISSIONER ALTENHOF: Yes. 19 Jack Maker 20 MS SMITH: Ms. Painter. 20 Sara Mason 21 COMMISSIONER PAISTER: Yes. 21 Bob Pederson 22 MS SMITH: Mr. Sdmim 22 Shala Smith 23 COMMISSIONER SCHMfIT: Yes. 23 24 MS SMITH: Mr. Spalinger. 24 25 COMMISSIONER SPALINGER: Yes. 25 Page 15 Page 17 1 MS SMITH: Mr. AmdL 1 (1&010 PRZ7-13-16 RM Public Heamingwma) 2 CHAMARND-f: Yes 2 (Requeged cowl begins:) j 3 MS SMITH: Mr. Baldwin 3 CHAIRARNOT:Okay, %etegingm stun with public 4 COMMLSSIONERBALDWIV: Yes 4 hnrhn i..A,1610. Tu isequest ,mmcem 5 MSSMrfH: Does anyone wish to change your wle? Motion 5 comma a67-fodiall lelemmmnieations toxo that exceeds 6 eamrim 6 the &6sumess coning 50-fot height limit by 17 feet on lot 3, 7 CHAIRARNDT: Okay. 7 block 4, Aupah Subdhision. The applicant is Alaska Wireless B (Fid ofrequesied excerpt) 0 Neowak, and the agent is New Hosimn Telecom, Incoryomed. 9 / 9 The location is 1812 Mill Bay Road, and the mning is busium. 10 / 10 Needamotion. Moria. 11 / 11 COMMISSIONER PAINTER: Mow to grant a miance per KJBC 12 1 12 17.195 and 17.90.N0, to construct a 67 -bol -W I cellular 13 / 13 moxa that exceeds the Bbusiness mating distric 14 / 14 50 -bot building height limit by 17 Ject on a leased site 35 / 15 loomed as 1012 Mill Bay Road, Anpemk Subdihisitn, block 3, 16 / 16 1a 4, and to adopt the findings ofbct lived in the staff 17 / 17 report entered into the record fin this case as findings offset 1B / t0 for case number 16010. 19 / 19 UMDENTff1EDCOMMISSIONER: Second. 20 / 20 CHAIR ARNOT: If. been mused and wounded. Staffrepon, 21 / 21 please. San. Hyot can get lours da xvdu 22 / 22 MLS. MASON: 71unk you, Mr. Chair. Okay. Good to go. So 23 / 23 this case, xo last had it on the agenda in April. 11 xas 24 / 24 postponed 60 days and %as supposed to be on our Jane agenda and 25 / 25 our meeting was cancelled, m hem xe ha, it in July. 5 TRANSCRIPTS ONLY (907) 276-0306 Page 211 of 238 Transcript of Kodiak Island Borough Planning and Zoning Comm... AGENDA ITEM #3. a. PLANNING AND ZONING COMMISSION MEETINGS (EXCERPTS RE CASE 16-010) APRIL 20, JULY 13 & AUGUST 17, 2016 (Paces 18 to 21) 6 TRANSCRIPTS ONLY (907) 276-0306 Page 212 of 238 Transcript of Kodiak Island Borough Planning and Zoning Comm... Page 18 Page 20 1 On June 16th stuff received supplemental information fram 1 by M01 Bay, LLC. W2d like to thank you for your consideration 2 our applicant including a slot clock letter, both of which were 2 this evening of am variance request for a 67 -foot tower, width 3 put in four packet last week and this week far your review. On 3 is 17 feet am the allowable 50 -fool height for lower 4 the 21st staff completed another supplemental staff report after 4 smcnmes 5 revew ofall this information And staffs recommendation has 5 We started flits in 2014 to hmprow coverage in Kodiak for 6 not changed. We are still recommending dot the variance be 6 our GCI subscribers and to deploy 4G LTE So not only were we 7 granted, with no conditions. 7 going to deploy new technology, but we wanted to fill all the 8 One thing that we did de, though, was modify finding of 8 coverage gaps that we experienced with our vote and data 9 fact number 6 to reflect the applicant's due diligencein 9 services. So - 10 finding a location within flet search range. 10 What rd lis to do is go through the slide deck that you 11 We have the applicant here tonight as well, too. We have 11 have —1 hope you have h k front ofyou. Okay. And flan rd 12 Sherry and Travis and company — 12 like to start with the slide deck and talk about the first few 13 CIINR ARNDT: Okay. 13 slides, and hew cove as a wheless caner discover cow age 14 ALS MA -SON: — to answer questions and — 14 defictecies, and then try to address those, and some of the 15 CHAIR ARNDT-. Well let them come — 15 lards we use. And then fit hand it over to Sherrie In talk 16 MS, MASON: — give you same information. 16 about the she acquisition portion, and Oen Philips for 17 CHAIR ARNDT-. — yeah, and speak, so cool. And anything 17 construction. 18 else, Som? 18 So proposed Bane[ lower. We owned h Bartel, given the 19 M4. NtASON: No. 19 location by Bartel Avenue. This tower wap fill a documented 20 CHAIR ARNDT. All right. Thank you With that 171 go 20, significant gyp in both cellular communications and wireless 21 ahead and close the regular meeting and open the public hearing 21 broadband. The proposed towers on businecs-mned land. It 22 Anybody wishing to come forward and speak of this time, please 22 exceeds the allowable height by 17 feet. The tower is 23 do. The phone — local pha a number is 486-3231. Thetoll-free 23 engineered to withstand extreme wind, to and seismic 24 number is 1-855492-9202. And ask you to basically sign in and 24 conditions, and the pmject meets or exceeds Kodiak code 25 state your none for the record. 25 17.195.050. Page 19 Page 21 1 MS SMITH: Mr. Chaim 1 Thenen slide, slide 3, eustingsignificam gap in 2 CHAIR ARNDT-. Yes 2 (indiscernible) coverage. So what we use is a nndd ua 3 MS SMITH: Shall we try the caller again? 3 software program called Planil Thisdlowsmtopredidwhee 4 CHAIR ARNDT-. You may try atarnn. 4 we nay haw wasps— coverage gaps or gal coverage or bad 5 MS SMITH: Planning and Zoning meeting Youre on the 5 cowaage, and the map you haw in Bat ofyou is a simplified 6 at. Please state yournaw w for the record. It goes m mm 6 cowaage rmp model prediction ofwhere — 7 every time 1 mmwcr i. 7 CHAIR ARNDT: The map Ova we law is illegible rmjmt 8 CHAIR ARNDT. Olay. Well,wearied. g goingtoldywknowthat. R'sjusl kind of— hcWswon — 9 MS. SMITH: Yeah 9 AIR DRAKE: h it black and while? 10 CHAIR ARNDT-. So anybody in the public wishing to come 10 CHAIR ARNDT-. —ours Inks pike 11 forward, rd suggest at this time day conic forwad and speak 11 UNIDENTIFIED COMMISSIONER: But we haw it in here. 12 Including the applicant can cane forwaN, and kind ofslate you 12 CHAIR ARNDT-. rut kiting for it I did ser it. 13 case on this, too, please. 13 UNIDENTIFIED COMMISSIONER: Ietmefindit. 14 NIP -DRAKE: Hello, Kodiak planning commissioners My 14 MR.DRAKE: Shade, you drag haw anydlrecrpies with 15 names TravisDrake. rmaproject mwkWratGCI in the 15 you,doyw? 16 wireless department. I implement urban wireless solutions in 16 MS GREENSHIELDS: Ihawme(indiscconible). 17 most urban areas of the slate, including Kodiak 17 MR DRAKE: One othacopy? 16 1 have a team with me frond GCI and New Horizons today. 18 UNIDENTIFIED COMMISSIONER: 25. 19 Sherrie Greenshields, she acquisition specialist here in the 19 UNIDENTIFIED COMMISSIONER: Page 25. No, but DI Bad 20 third raw. She did most of the research on the property, you 20 it. 21 know, working with Planning and Zoning to discam this location 21 MR. DRAKE: Yeah 22 for us I also have Philip Weisnut, am commretion manager. 22 UNIDENTIFIEDVOK;E(8disconible). 23 Philip's also in the thud raw. 23 UNIDENTWIED CONINHSS10NER: i think thats it. 24 So were here to present am proposed site and lower at 24 MR. DRAKE: Okay. 25 Aupmk Subdivision, block 4, ka 3, 1812 Mi Bay Road, owned 25 UNIDEUMED COMMISSIONER: ICs rn ha . 6 TRANSCRIPTS ONLY (907) 276-0306 Page 212 of 238 Transcript of Kodiak Island Borough Planning and Zoning Comm... AGENDA ITEM #3. a. PLANNING AND ZONING COMMISSION MEETINGS (EXCERPTS RE CASE 16-010) APRIL 20, JULY 13 & AUGUST 17, 2016 (Pactes 22 to 25) 7 TRANSCRIPTS ONLY (907) 276-0306 Page 213 of 238 Transcript of Kodiak Island Borough Planning and Zoning Comm... Page 22 Page 24 1 hI . DRAKE: So i4 the map legible in your packer? Olay. 1 COaNBSSIONER ALTENHOF: Yeah, fmjust annus, ad I know 2 UNIDENTIFIED COMMISSIONER: It is. 2 Nu quemion has probably been atready uwemd, sod 1 think 1 3 MR DRAKE: Okay, great. So this model prediction, we 3 saw somethng in the— one ofthe pmuwork session 4 hale two colors on dw slide, red and green. Red idicoms 4 hadouc% but m ask h again aar, ry And Nat a, is thea 5 where: were going lo have poor indoor voice coverage, which 5 say record vice cell rowers began that as, ufhhem in the state 6 also, obviously, affects our 911 service for voice. The peen a of Alaska has been knocked down, blown down or fallen down as 7 indicates good indoor coverage So ifs — this is the urban — 7 the tesla ofarq, tatad face, ranlpuAt. wads, a..beehe? a the heart of the urban area here in Kodiak, and we have a a MR DRAKe Yq dice hate bece two that were aware of. 9 signifidnl coverage gap there detailed in red. s One ofihe. was an AT&T tower, anal Phdgp has more n6vmann 10 RSZP (ph), received signal strength of handsets, is hew we 10 on this than 1 du, but are was an AT&T rower co Willow htaamvs 11 measure that on the tool. Meg 90 and worse would be poor indoor 1I Is then n lit? And 1 behew the rower hadn't been mai cared 12 to an hndour coverage, and then mcg 90 and better is god indoor 12 n yeas b was a dile t re.ison d="dard fa the 13 coverage. So meg 90 dBm is the difference in the threshold for 13 struchurel foadahion fiom — az the tyre i was hilt. Son 14 god or bed indoor coverage. 14 was an earlier stadad, ort as rigo ous asrev Q TIA 15 So after we model an area Ilse this and discover the 15 sa dards today. 16 potential coverage gap, we then go and drive test the site. And 16 Art then there was anod.o. r, h took or a Idde 17 rve tunwd to to nen slide, slide 4. So we take must data 17 whle to fad it. awnerofthe aver erd it.. how tar to on the ground. We send our drive tester out to collect data, 18 bwn had fell bath was a guyed ta.eh. Ahhd, Sherrie or PK 19 and then we post-fucess that data and overlay it on a map. 19 please help eve rananber where that was and who mn i h? 20 And what we haw here are four dlrerent colors in the 20 AIR. IMSMAN: (Indueern.ble) rawer] est hayed Will.. 21 legend. Prinardy, the one were coneema,d with is the, areas in 21 Mounun, and they had faulty —again, faulty faaddioo, 22 red. That's where we would not have good indoor coverage or no 22 because i wast buih m the eabc stznaards than Ike the 23 coverage at all. So we model the she, and then we do the drive 23 1950a 24 lest data to back that mgdel up, and ten Ibafs how we con c up 24 MR DRAKE. And we dont — and tare were ra en®nmang 25 with a Scorch Mg to YBrch for saes %tem we can anpk:nlem a 25 records awn so— Page 23 Page 25 1 wireless solution and a tower. 1 MR WELSAIAN: (Indiscemible). 2 So with Nat, does anyone lave any questions on that 2 MR DRAKE: — this was a tower than soaleOla, had 3 before hand it drto Sherrie to speak about the search ring 3 engricered on their own. And t was a guyed tower, and, 4 and her last couple years ofste investigation and low we 4 obviously, not butt to the same standards flal we present for 5 landed? Yes, sit. 5 any ofour builds, and an earlier standard, if there was a 6 CHAIRARNDT-. Also. 6 standard applied at alL 7 COABIOSSIONERSCHIVI IT: Back a previous slide ortwo 7 But to our knowledge tnw towers have failed. They were a you — tem was soma, information later about the wind B both on earlier standards for structural TIA, end so those are 9 resistance, but you talk about seisnic conditions. Can you talk 9 the two lowers that we know about in Alaska that have fallen due 10 a Idle more about tut, please? 10 to natural fomes Okay. 11 AIR DRAKE: Yes. So when we have can Inundations 11 CRAIRARNDT: We also lad theone on Sharatin Mountain 12 cogi eered we do it wish geo-sot sampling We send a doll and 12 here on the eland. It wasn't a mono tower, but it was a tower 13 drill to a depth ofanywdhcm from 20 to 40 feel, depending on 13 within the lost foe years that collapsed — 14 what the engineer onsite thinks about the soil conditions as 14 MR DRAKE: Okay. 15 he's dulling them 15 CHAIRARNDT: — dce to king Mara 16 We take that goo -sails report and then a professional 16 COMMISSIONER PAINTER: Was there a radio frequency 17 engineer stamped with the State of Alaska designs the foundation 17 engineer then did the search rig map or was that the Planit 18 for eartlquake zoce 4, which is what we are here. And then they la soRwv-me that created flat? 19 do the calculations, and then they give us the best fa 19 MR. DRAKE: So the RF engineer does the search ring, he 20 foundation for the nota and the taxer. And t could be anything 20 does the model, and he provides that search ring to us to go 21 form a pad and pier, concrete driven plc, to an earth -form 21 fad a site. So he provided us the search ring and well see 22 caisson and concrete fling 22 that on the next Page. 23 COMMLSSIONERSCHNUIT Thank you 23 COMAUSSIONER PAINTER: Okay,tlankyou 24 MR DRAKE: Yeah Sue 24 MR DRAKE: Yeah, sue. And so with flat, we gel to 25 CHAIRARNDT: Any other questions? Batty. 25 slide 5, project search ring and the zoning and I'd eke to 7 TRANSCRIPTS ONLY (907) 276-0306 Page 213 of 238 Transcript of Kodiak Island Borough Planning and Zoning Comm... AGENDA ITEM #3.a. PLANNING AND ZONING COMMISSION MEETINGS (EXCERPTS RE CASE 16-010) APRIL 20, JULY 13 6 AUGUST 17, 2016 (Partes 26 to 29) 8 TRANSCRIPTS ONLY (907) 276-0306 Page 214 of 238 Transcript of Kodiak Island Borough Planning and Zoning Comm... Page 26 Page 28 1 tum it over to Sherrie Greenshields, site acquisition. Did i a's net in Kodiak zonngnuley a pmtected use. 1 know a 2 anyone- 2 rommossiuner had some concerns about that. 3 CHAIRARNDT: Tharkyou. 3 Wcwrntbacktothelandowner. Wexereeblemnnsethe 4 MRDRAKE:—haveanyquestiomprevlous? No? 4 site an a coni from the house, so that the tip-oveof 5 CHAIR ARNDT-. Don't see any more right now. 5 this lower now would not affect my stmdde currently 6 MR DRAKE: Thank you 6 conamcred. 7 CHAIRARNDT: hjust shut off onyou. Yo illhaveto— 7 So that's how we ended up here. It's been a couple year 9 you got in beep — B promsa Did yno base any questions ne why wele n tie 9 MS GREENSHIELDS: Thank you HL My tame is Sherne 9 location we are n m- 10 Greenshields fm a she acquisition specialist with New 10 CHAIR ARNDT. Maria. 11 Horinore Telecom, working with AWN to by and dare a site here 11 MS GREENSHIELDS: — howwe ended up hart? 12 on Kodiak within the search ring Thank you for allowing us l0 12 COMMISSIONER PAINTER: So when you sent our the 1111001 13 present. 13 essendally- 14 CHAIRARNDT. Thank you for attending. Sherrie. 1 think 14 MS. GREENSHIELDS: Ilh-huh. 15 you've called in teleconferencing on work— 15 COMMISSIONER PA99TER:—youjun didn't get a respa wc, 16 AIS GREENSHIELDS: I havejoiued some uink — 16 but you did pursue the hospital and ask, and you Din an actual 17 CRMRARNDT: — sessions in the pari 17 no from tlhrns And i.—that it n addition o the City of 18 MS GREENSHIELDS: — sessions, yes. The search ring that 10 Kodiak? 19 you see — when I initially sated looking for a site, I looked 19 MS. GREENSHIELDS: Yeah, the city had a park Obvious, 20 into the Kodiak Island Borough code. From vital I saw, that — 20 they didn't wan m in the park The city has a tenantry. We 21 there were orgy certain types of acting flat %until allow a 21 cant bem the earclery. The hospital land looked to usm be 22 utility. So initially I was trying to locate on City of Kodiak 22 thebmoptionjnn—dimdso,tothesbe. Welhoughtwe 23 and or Kodiak Wad Borough land or the Kodak Baptist 23 could naybe get a hundred-fad-squam area in there, but that 24 Mission. These were wring that had specifically allowed 24 wasn't possible. 25 utility use. 25 So it was only after we were told no on all the public Page 27 Page 29 1 1 bothered Bob quite a bit here trying to get on the 1 land—and we also hied to Pt an aOmran with the Wash's 2 Kodiak Island Borough land for the hosphal, a couple different 2 Baptist Mission; they waehY interested — that we decided to 3 locations. The hospital was not willing to consider, blouse 3 en end look in the names , property, which we wemY initially 4 they want the capability to expad their facilities on that 4 lookingn. Beeause n to titre 1 didn't nediw tW loxes 5 land. Even though it is a large parcel, they want to keep the 5 were allowed on aaitass-zared property, because t was just 6 use for hospital. 6 madingthe code as; it was written; didn't cannel with Bob to 7 So I went back to Bob and I asked what an we do, there 7 find sol that iliac had been Lowes previously allowed at 8 appears to be nothing within the search ring And he let me a business property. 9 know flat on busnes-wned land the code speelfnally allows 9 COMMISSIONER PMNTER: okay, ttwde you 10 radia nation use, and that had been allowed to include ceu 10 MS GREENSHIELDS: UAW 11 towers. So looking back through FCC database and comparing it 11 CHAIR ARNDT: Go ahead and continue, Shenie 12 to the borough pamels, 1 found three rowers that had been 12 MS GREENSHIELDS: Anyway, so the parcel that we anion, 13 constructed on boon ceawned properly an the past. Three that 13 w 1 said, am haw nowd the site fien a cant tat would 14 were ova 50 feet in height, so three that had been given 14 affect the here if it was— thetowewas to up our, to a far 15 varatios, 15 cant where there's no tipovtonto any tone awally 16 We started to look in rhe— within the search ring that 16 existingslmerme And lflunkyouhevetatinyourseand 17 you see. We do have some constraints because ofthe proxbnay 17 supplenesad to show where the new loation is. le to Lily Lake and the airfield. The parcels that were against 1B And an if you have any questions on, you know, haw we 19 Mhll Bay Rad to die south, we sent out letters requesting if 19 ended hey on this parcel t wiry we relocated, xexae—evm 20 somebody, would be nterestd in allowing us in locate a cell 20 though, like I said. theses no requirttnt fortipoxr in The 21 facility. We got one response, and that was the site that were 21 code, we gin the message that the preference was to hate, if 22 on right new. 22 we could, in an areas where that wohddnY be a mains 23 We were awe to negotiate a lease area Initially we were 23 CHAIR ARNDT-. Go shead Any father — 24 in a corner that would cruse the toom to fry over onto a he= 24 DIS GREENSHIELDS: No, that's it. 25 that was adjacent to that. That was considered, nen though 25 CHAIR ARNDT- Olay. I thank you — 8 TRANSCRIPTS ONLY (907) 276-0306 Page 214 of 238 Transcript of Kodiak Island Borough Planning and Zoning Comm... AGENDA ITEM #3.a. PLANNING AND ZONING COMMISSION MEETINGS (EXCERPTS RE CASE 16-010) APRIL 20, JULY 13 & AUGUST 17, 2016 (Pages 30 to 33) 9 TRANSCRIPTS ONLY (907) 276-0306 Page 215 of 238 Transcript of Kodiak Island Borough Planning and Zoning Comm... Page 30 Page 32 1 MS GREENSHIELDS: Okay, any questions? 1 consideration? 2 CHAIRARNDT: —thert nor— 2 CHAIRARNDT: Yes 3 MS. GREENSHIELDS: All right. 3 MR ARNDT: 1 don't know. 4 CHAIR ARNDT: I don't see any others m dos timehae, 4 CRMRARNDT: You'remaldng- 5 so—you have a calf! You want to By that again? 5 MRARND7': Idon'tk7ow. 6 MS.SMfi'H: Planingand Zoning yotem on the air. 6 CHAIRARNDT: — pubic connmen6 that will be taken under ] Hease state, nanre for de nomrd 7 consideration in the debbemtions of UK commission - e CHAIR ARNDT: Damped tem again. Theapipmahl is good n-1 B MR ARNDT: We did contact the— my insurance carrier, 9 dumping to dlicen camarco . Iktal interesting Okay. Thank' 9 along with— the lower property owner also got ahold of the 10 ym fayompnesermalion on there. 10 insurance carrier. He didn't gel a [sic] answer on it, but I 11 Well In ahead and continue Ile public hearing Anybody 11 did today, finally, from the insurance company that 1 tarty my 12 wishing to mrc fomard and speak m this time, Please roe up 12 insurance with And they said it wwuldnt become an issue until 13 to the podium and speak on this variance 13 something was built them, and if it was brought to thea 14 MP—ARNDT: hlynmwis Kevin Amdt. fmptbablytheonly 14 Menhon, they would look of i. 15 oncwhosotalemaintotinfnwroftldsto . Igaas 15 They used the term unstable lower or building they would 16 the thing tlue l need darified is the far, if roma ber 16 be adorn w to ensuing anything on adjoining property, but they 17 onectly, the first time this some amid them was a request 17 did use tint term, that — the fact that — unstable. 18 in them that the fall cone be within the leased property. Am] 18 Anyways, rd really ldxywu to consider this and go back 19 correct in nanmdhenng Ilan? What's chunked? 19 to the fact thou this tower if it falls, it should fag within 20 CHAIR ARNDT: Maria 20 the properly. 11 should not encumber the neighbors in any way. 21 MR ARNDT. I dualunderstand- 21 Thank you 22 CHAIR ARNDT. nl ld you—Maria nl let yon— 22 CHAIR ARNDT. Thank you. You got another try, Sheila- heila23 23 COMMISSIONER PAINTER: Thee was actually a cvdition of 23 MS. SMITH: Planning and Zoning mceling Yo fm on the 24 ePpowl hoe hour: Riato,wosnee ofmning 24 an Please side your name for the record. 25 compliant, the appli®u shall provideastifioation prepared 25 CHAIR ARNDT': Olay. Technical dill-a:ulties Idon't know Page 31 Page 33 1 by Sate of Alaska mi isfemd professional engineer that 1 if they con bear hs, but ymere not able to old through on the 2 specifies the fall -down radius for the telecommunications tower 2 radio, and wve apologize for that. So — on the phone. Escme 3 in be constructed on this site. The leave area for this ower 3 M. 4 shall be of sufficient she to accommodate the designed fall- 4 Any further public testi mon y on this, please come forward 5 down radius from that engineer. 5 at this time. 6 So, I don't know, that would probably be a question for 6 MR WEISMAN. Hello. My name is Phil Weisman rm a 7 staff. 7 conGnsctbn manager for GCI, and fve spent the last year B MR ARNDT: Could we ask t? B mfmbishmg and necondmoning to towers that GCI has across 9 COMMISSIONER PAINTER May I ask — 9 to entire island, And ifd be my to build the Barrel site 10 CHAIR ARNDT: We will — Kevin, III let you go ahead and 10 should to variance be approved. 11 finish up, and ten well — 11 The tower is — was designed with the newest 12 hit ARND7: Well, what— 12 specifications from to feds and the Stale of Alaska It 13 CHAIR ARNOT: — see what happened in there. 13 exceeds all dose mquiremena in both foundation and ower 14 AHt ARNDT' This hasn't been discussed since the —1 sent 14 design It is a momnptle, because every other type of tower has 15 the letter its Nobody's brought it up. Ifs, obviously, not a 15 a break point in it, which will allow it to break off and go 16 concern. Ifs not a condition anymore, and I don't understand 16 whichever may it warned to go. 17 why. Sure, they mood it from the house up against my property 17 Monopoles are designed as a slip sleeve. They slide onto 18 line, which has put more of de fag radius on only property. Ill one ardor at the various sections, and those are bolted They 19 It — there s no existing building there right now. 19 will bend, but they will not break. And there is a possibility, 20 Cores, They're correct on stating that But what does that 20 however shim, that a tower might fall over, which is why we have 21 mean in the future? 11 doesn't mean anything 21 a turnover radius in the design, but the — rd hove to say the 22 Nobody's ever complained about these tmocrs be arose 22 chances of a lower this high failing over would lave to be along 23 theyve been on business laud. Nobody's ever w anied about to 23 the lines ofthe eanhquake x'64. 11's not —just not going 24 fact of what might happen in it if it falls. 1 don't know, am 1 24 to happm 25 even bring herd here? Is this anything tfaf can betaken under 25 This design is to absolute best the stme and the federal 9 TRANSCRIPTS ONLY (907) 276-0306 Page 215 of 238 Transcript of Kodiak Island Borough Planning and Zoning Comm... PLANNING AND ZONING COMMISSION MEETINGS (EXCERPTS RE CASE APRIL 20, JULY 13 & AUGUST 17, 2016 (Pages 34 to 37) AGENDA ITEM #3.a. 16-010) 10 TRANSCRIPTS ONLY (907) 276-0306 Transcript of Kodiak Island Borough Planning and Zoning Comm... Page 216 of 238 Page 39 Page 36 1 government can predict. We took into every aceowt wind 1 MRWELSMAN: The fewer fell, but thetower—well, when 2 loading, ice loading, sesMe activity, so this is one of the 2 was it bulls? Thais dw- 3 best -designed towers that can be made. And Ijust wanted to 3 CHAIRARNDT. That smeycar. 4 male sure that that was included 4 MR WEISMAN: Sarmy., and it fell down? 5 And there are other rowers in the borough — this sjust 5 CHAIRARNDT- Some). 6 Kodiak— north, up by tic construction yard. It also has 6 MR WEISMAN: Okay. Im met—that—tan's one fm ml 7 fag zone that would be — I mean, I think its pretty much 7 aware of a difficult to decide Wad build something today and you have to 8 CHAIR ARNDT- Tial was Kodiak W imicss. Alan or— a build it so that a pian foe years from now might include a 9 COMMISSIONER SCHMITT. k's my understanding the taxer 10 structure that it might possibly touch if it falls over. 10 did i fall down. kjust ird up sooudn than it couhdnt be 11 Weve— I think weve done all our due diligence as far 11 used Im auterthe- 12 as what's existing right now, and we made the neve to 12 CHAIR ARNDT: it collapsed 13 accommodate the fan that it would net affect m)thmg gets 13 COMMISSIONER SCHMITT.— applicant coming in saying it 14 existing today if it fell over one way or the other. So Ijmt 14 was Igoe spopside 15 wanted to let everyone know dot. 15 CHAIR ARNDT-. Yeah. 16 CHAIR ARNDT. Okay. Question l— 16 MRWEISMAN: Wasitag0edunvordoyouknow? 17 MR, WEISMAN: Sm. 17 CHAIRARNDT.- No. it.=% - 18 CHAIRARNDT. — lave for you It states on thelower 18 MR WEISMAN: No. 19 foundation information, bask wind speed 60 miles an how, with 19 CHAIR ARNDT-. k wart a naepole ether. 20 quarter -inch of ice. Then at speeds— the frctomd wind speed, 20 MR.WEISMAN: Self-suplvfing 21 130 miles an how, no ice. 21 CHAIR ARNDT. Self-supponing 22 MR. WEISMAN: Right. 22 MR WEISMAN: Okay. So self— a self supporter, ids 23 CHAIR ARNDT-. So youre figuring there's ser ice buildup. 23 assu easelfsupporwris 100 fed fall. A155fedisaboak 24 MR WEISMAN: No, that — that's the federal standard that 24 point for the taxa in structural strength. So arm it gets so 25 they used when you're measuring various wind loading They're 25 iced up and so maloaded that it seeds to brad:, it'll crack at Page 35 Page 37 1 saying that 130 miles an how, the ire want form on the tower i that bright and fall over. 2 becauseofthe wird speed It'll be ripped off the tower, and 2 New,whether— depadingon the wind speed and hew things 3 the fame of the wed will be what is pushing the lower. 3 are gang it can fall on itself and take the rest of the taxer 4 At a slower speed, ice is allowed to build up, and that 4 dem, or it righJusf fell onto the side That — that's how 5 ram (pit) ice, which is kind of a greyish color, will tum into 5 day were designed. 6 pure while, Idx you re encasing 0 in an ice cube. That's what 6 Mmopoles are ret like tlat. Tbat's specifically wiry 7 puts real pressure on the loner. So at 60 miles an lour, that's 7 nsnopoles are mqusted farudan development, because they 8 equivalent w Mice the speed with no ice a dont Mak that way. Tiny dont break 9 So thats how they — that s how they're measuring it. 9 CHAIR ARNDT. Thank you Jay. 30 This the national standards we— fiafsjust what the 10 COMMISSIONER BALDWIN: Hurlacouplequestiams agei. 11 engineering people give us. Every lower is designed along those 11 MR. WELSMAN: Sure 12 same Iles today. 12 COMMISSIONER BALDWIN: Ids try till Iknnw its hard 13 CHAIRARNDT. Okay. hjusr— the Shscafin Mountain one 13 to demnainethe— how much ledualogyis gotngto be in the 14 comes to mind— 14 fame WhW5thelifeexpMaaytmymWongtobe 15 MRWEISIyIAN: Yeah. 15 ming it for, and for the tawor? 16 CHAIRARNDT, — sod the collapse of that was not one of 16 MR WEISMAN: We designed this to held threecamers 17 the two that you had mentioned earlier on there, and that was — 17 total, so GClwW be—or AWS will be ere Wedesigmed it m le IHR. WEMLAN: We did extensive— 16 wncould haw Mo other carriers on them wiWau dwugingnry 19 CHAIR ARNDT. —dig was king 19 engineeringspecifica m ilium cvec Averagelifeafatravr 20 MRWEISMAN:—research. Wedidn'tseeanymoordsof 20 is 25 yes without rmintrnnce. and probably a lot longer with 21 that lower failing down So I guess one of the questions 1 21 Barotest¢ 22 would have to ask you would be when was the lower built. From 22 COMMISSIONER BALDWIN: And than the ice failings 23 that I can tell you what spec it was built to. And these new 23 simobleamant, could that crmedamage or - 24 specs came into effect in 1998. 24 MILWELSMAN: Thewaythew Winfearetam—thein 25 CHAIR ARNDP. Yeah, this was about fiveyms ago. 25 older— in theoldermwers you designed permanent platfmrs 10 TRANSCRIPTS ONLY (907) 276-0306 Transcript of Kodiak Island Borough Planning and Zoning Comm... Page 216 of 238 AGENDA ITEM #3. a. PLANNING AND ZONING COMMISSION MEETINGS (EXCERPTS RE CASE 16-010) APRIL 20, JULY 13 & AUGUST 17, 2016 (Pages 38 to 41) 11 TRANSCRIPTS ONLY (907) 276-0306 Page 217 of 238 Transcript of Kodiak Island Borough Planning and Zoning Comm... Page 38 Page 40 1 thatymbuiltdongs®ttu. Thereere open mesh platforms. I in Alaska? 2 Thryle desisod gccifially fa the wind to blow, lloousit,ertd 2 AIR WEIS\IAN: Wow. Talion in Mass? 3 trot allow too much ire buildup. 3 MR. DRAKE rm nes sure atom the talky fro waekss. 4 Time will be sone ..Is, ad thry9 fall straight down 4 (Indo 1,6). 5 orsayclosetothebottomoflhelmser. TheyshouldnYfall 5 COMMISSIONER ALTENHOF: Well are there — the quievon 6 on m,. ehe's propeny. 11, should be right there W the 6 is, are there sigtJ fly t^M towers than 67 fact. 7 baseofda urwsr. 7 AIRMTISSIAN: Y. e COMMISSIONER BALDWTN: Thank Y. a MR DRAKE Yes maty 9 CHAIR ARNDT: Gag 9 AIRyvEMAIAN: Yegabmlia ly. 10 COMMISSIONER SPALINGER: I kaw, the property owner doom* 10 MR DRAKE: Many_ 11 want oN the middle ofthe Property, and thafs wiry 9 was 11 CO\IAlIS510NF.RALTENHOF: Adhaveanyoftlwsetowm 12 toad to the side. 12 falknma? 13 MR. WEIShIA.N: Right la ore—,none me— 13 MRRIISMAN: No. 14 COAIAlISS10NERSPALINGER: Wast— 14 AIRDRAK'E: No. GClhvstdhdeawcr- 15 AIR.%MShIA.N:—famakhtg— 15 COMMISSIONER ALTENIMF: Okay - 16 COMMISSIONER SPALINGER: —considered mn,nigit to the 16 MR DRAKE: —fall. 17 ants ofthe Id M the say back properly tine? Because it 11 COMMISSIONER ALTENHOF: — the last quevion, then, a 10 look, U. wish the fail rate adios it would clear the lane 18 what's the extern to AWN or (Cl or any of the dM canners 19 and sit with the setbacks, ad d world—the same with tea 19 that might be hswhed, the catest oftheir mynas, cmemge 20 neighboring lot 20 iothe eventthen, ua- 21 51R WEISAIAN: The fall rote is such that it rads to be 21 01MRAR ROM Collapse. 22 where i is because of Oat Irate— because ofthe lightning 22 COMMISSIONER ALTENHOF: —collapse. 23 rd on the top and the way it would fall, we had to now e— 23 MR DRAKE Were welFeaadI'm rat wem the 24 xe rttmd h a few feet away born the base of—away ban tbe 24 Ihnh. it either a nullon ortwo mtlorh dollars Ad — 25 house. Ady.,Ato—whenymlookaltuthor the,. 25 COMMISSIONER ALTENHOF: That haldes things like wepety Page 39 Page 41 1 pads and an outer building dent, so Wats why it —thats I danage,personal injury — 2 %by we moved it where it is, to kap that fall m totally away 2 AIRDRAKE: Ibm'scauct. Yes. 3 fianduthhnsepmprv. The mtlaofthe IN and to back 3 COMMISSIONERALTENHOF: Okay. 4 side night hue been useable, but it would haw put Its much 4 MR.DRAKE: Mitheaheve 5 dosertathathasr. So— 5 COMMISSIONER ALTENHOR Okay, Henke. 6 COhIhIISSIONERSPALINGER: Okay,lluakyou. 6 CHAIRARNDT: Thmd:yo, Okay. Airturedsewishingto 7 IHRMEISh1AN: Yeats Anyodurquetions? 7 costs, fxtuad in the public hearing on this case, gloss, door 8 CHAIR ARNDT: Mata 8 Its litre. 9 COMMISSIONERPAINTER: Well, fmjust—this ism 9 Hewing mill seeing star, Hl go ahead and dose the 10 assumption, and carer hre— but yw have two were collectors 10 publichearing Reeonwne to tendert sterling,ad lnmissim 11 available Yeal,aeandtherallbetwonvoccolleaotsfm 11 discussing. Jay. 12 otherpeople, and that's to alleviate any move loxes going up 12 COMMISSIONERBALDRTN: fdiiketorsaddasswiso 13 intleapaniedar— 13 hir. Amit load — about the condition ofapponaifor dse- 14 hIRMEISMAN: Right. 14 Icam anti ofthe rawer should be sufficient in sing to 15 COMMISSIONER PAINTER:—at®,so—fmgdodyw 15 e®mrndate the design fall down radius, whits was on the 16 clarifiedthat So,dunkyes 16 supplerngaal gaff region and lamnetdation, Fdonay 12, 2016. 17 hiRlh'EISMAN: Yeah Ycali conor. Webullrilsoir 17 CIIAIRARNDT: And thm's no lmgeroneoflheconditions. 18 would support two nore ®Iters with the saw: configuration 18 Sara mold you address that, plewO 19 we. going to lave, which world bc,yw know, nova dun just 19 hIS MASON: So N We February wnrk session the pmxiniy 20 me anleruta Net a single mnfiguatias, but a full-blown 20 oftheimx lolhehas um,ItdnitthebiggcYcaaern. So 21 Vcsi>morwboeve. Yeah. 21 putfinginthmmnditmwas,inpmt—rrmllyinrsspa to 22 COMMISSIONER PAINTER: Olay. Tladcyou. 22 flea consen. 23 CHAIR ARNDT: Tharsk you, Phil. Or Barry. 23 But ohm srandid want, www ofsare oda towess that 24 COhIMISSIONERALTENHOR IjmtarnDae, Justacouple 24 have gar in, and had a discussing about it, we were cvaeoad 25 guidores. Owiswheelsthetallestlmn tha GCiops' m 25 tutdotpts thadneerbmh—thdlove Ironset 11 TRANSCRIPTS ONLY (907) 276-0306 Page 217 of 238 Transcript of Kodiak Island Borough Planning and Zoning Comm... AGENDA ITEM #3.a. PLANNING AND ZONING COMMISSION MEETINGS (EXCERPTS RE CASE 16-010) APRIL 20, JULY 13 6 AUGUST 17, 2016 (Paaes 42 to 45) 12 TRANSCRIPTS ONLY (907) 276-0306 Page 218 of 238 Transcript of Kodiak Island Borough Planning and Zoning Comm... Page 42 Page 44 1 before in allowingmwmMion eramwapale Iowa, because at 1 CHLOR ARNDT: Olay. Statement Id like to nuke ofmy own 2 they trenimed, it's not a lartiee Iowa. Itdaesn't — it's 2 accordhereftiwillwienounthis lappmialethe 3 run ongloaollapwwilMnaleasemealhd'smWladm 3 applicant dnrvng in. This is the fust time that the applicant 4 dhc radius ofthe lava ifit fell straigln over. 4 has come in and nude the presentation to in, and l really 5 CHAIR ARNDT: So the condition was removed. Okay, and 5 appreciate that. 6 flies why Ifs not listed in the conditions flaw we have before 6 I dont like the impact on the adjacent — potential 7 ha. Alar 7 impact on adjacent property. If, like we're—it's bring B COMMISSIONER SCHMnT: Jia m a pracsical ostler, ad Rn B placed on a postage stamp IN. It's a smell lot, snail business 9 looking as the Iowa fall mese survey, was that to be 9 IN. and dare is potential impact on adjacent property.I 10 condition ofappmwl, they couldnt pd it on die IN. mord 10 mlire that it No be built with a 50 -foot, and 1 would say 11 they? 11 that— then that night be fie. 12 AIS MASON: No, they could ml put it on this IN. 12 As he been driving dawn Mill Bay every day for the last 13 COMMISSIONER SCHMITT: lham:ynm 13 four or five months and looking in the potential of this town 14 CHAIR ARNDT: Thankyou. Mama 14 here,1 dons Ike it. Them isn't anything else around in the 15 COMMISSIONERPAINTER: Thiswasardlyditfiadtease 15 area there. So l cant support this fiom the standpoint ofthe 16 fa nmjusl bamsse ofthe sim ofthe lot, the immunes. his 16 hepar on the adjacent property owners, and the visual impact on 17 kid often eyesore far Kodiak. But I seethe neat, and 1 see 17 Mill Bay Road. So I will not be supporting this. Thmkynu. 18 do yw haw side due dilig:mc in lying to find locations. 10 Any other discussion by cmmrussianers7 With that, Rl 19 And dtad:)w for raring bad: and bang patient with us. 19 call for—Crag 20 Sow this point l scetst yedwtrid Iscemovyon 20 COMMISSIONER SPALLNGER: Yeah, that's my problem with it, 21 haw inwaaac. N Iheevent it were to fdl orbreak oD; 21 loo, is that the impact on the neighboring lot. If it was in 22 there is sane irsmaae for wry damga. Thcposibilityfor 22 lheodddle, at the back lot. Iwwid sec —h probably would 23 that is higldy unlikely, but possible 23 fall within the setbacks ofthc property for construction, and 24 So those are the factors that)w haw to kind ofmaider 24 tha's what l have— the pmblm l have, is the neighboring 25 when ywtc trading a decision, the bmefia to the mmmtity, 25 properties. So Blwreno. Page 43 Page 45 1 vaaasdreorlhenegniiviyinwlvrd Somtldslim:lwill 1 CHAIR ARNDT. So with that, Ill go for a roll call vole, 2 be wlingym m this 2 if nobody objects Rog call vote on true motion, please. 3 CHAIRARNDT: Alan 3 MS.S6HHl: Mr. Baldwin. 4 COMMISSIONER SCHMITT: k too, will be voting in favor of 4 COMMISSIONER BALDWIN: No. 5 the vwiance I look adie sahena fairly closely. and 5 MS SMITH: Mr. AhenhoC 6 probably had voted against more wriaiees than loved in favor 6 ComMISSIONERALTENHOF: Ys 7 ofthan 7 MS SMITH. -Ms Painter. B 1 appreciate Mr. Amdl's constructors, but as a practical 8 COMMISSIONER PAINIEM Ys 9 tatter, were this tomato be only 50 fact led. wcwwddn'1 be 9 &IS SMITE Mr. Schmitt 10 Ihae They wouldn't need to rate before Planning and Zoning 10 COMMISSIONERSCHAHIT: Ys 11 And it — having — theles ndhingto say a 54fswt Iowa is 11 MS SMffil: Mr. Spalbtgter. 12 any mere pmie to fall over than a67 -foot Iowa. 12 COMMISSIONERSPAUNGER: No. 13 Theopplimnt ispurtinga IN ofmoncy and resources into 13 M&SMITH: Mr. Ands. 14 this. lhey'w Cnt asipdfi®ht invatm'shi. Theydml%wtit 14 CHAIR ARNDT' No. 15 Infant. Tlaywgotlheenginmingsdmeforwind Asitovas 15 MS SMITH: Motion fails — 16 wed, lguests, if. haw mother 9.2 eanlsquake, maybe till 16 CHAIR ARNDT- Okay. 17 cone down, but that, I think %wild be the least oforproblems 17 MS SMITH: —three to three. le here on Kodiak. Weve lel people build dram on die shading, 18 CHAIRARNDT: All right. Well go ahead and move on to 19 and those houses are gong to be gene 19 the Wit asasa- 20 But ljus—I flunk it's— taeS an established nerd. 20 (Fid of requested a ccrpl) 21 This type ofcemuniatiorss is becomingtme and were prevalent, 21 / 22 particularly for 9 -II— or 911 calls, and we need it in the 22 / 23 mmmniy. And l believe the applicant has fulfilled the 23 / 24 concerns do mesh legitimately raise. So l will vole in 24 / 25 fmmofit. 25 / 12 TRANSCRIPTS ONLY (907) 276-0306 Page 218 of 238 Transcript of Kodiak Island Borough Planning and Zoning Comm... AGENDA ITEM #3.a. PLANNING AND ZONING COMMISSION MEETINGS (EXCERPTS RE CASE 16-010) APRIL 20, JULY 13 & AUGUST 17, 2016 (Pages 46 to 49) 13 TRANSCRIPTS ONLY (907) 276-0306 Page 219 of 238 Transcript of Kodiak Island Borough Planning and Zoning Comm... Page 46 Page 48 1 1 for you. 2 NISMASON: Yeah, sowtatyou hate inymaparl:N is what 3 KODIAK ISLAND BOROUGH 3 was provided by Commission Baldwin to support the denial of 4 PLANNING AND ZONING COMMISSION MEETING 4 the mrmmhu for—oravanartefa- 5 (EXCERPT RE: CASE 16-010, ALASKA WIRELESS NETWORK) 5 CHNRARNDT: Variance 6 6 MS MASON: -1610 fu llhecannet®liahslowwtr. So 7 August 17, 2016 7 with this infxoatio in mrd, staffdexioped modified findings 6 8 offal. Asynu wrsae, stare oftluemare still the same as 9 MEMBERS: 9 they were in the original staffrepm. But the code says that 10 Scott Amdt, Chair 10 in order for a wadanm to be gaoled, all six standards need to 11 Barry Ahadmf 11 be met, and based on what was Funded by the prevailing silo, 12 Jay Baldwin 12 thafs not the case, in the view ofda aomhsioo. 13 Coreg Spalinger 13 So the firs) couple am the sam;numbers l and 2 lhae 14 14 Number 3 hots been modified, based on input from the pevailing 15 STAFF: 15 side,as; bas nutixr 4. The other unit, 5 and 6, werebdh pan 16 Sao Mason 16 ofprim findings often. Theypunwevenotmmberellhal 17 Bob Pedasmr 17 way. 18 Sheila Smith 18 So l thought that l would provide this as a Word doalnan 19 19 soyau guys could maybe have a little bit ofdiscussio. Andif 20 20 ymn loacarsammmthmefiuxlingsoffad,nemdd 21 21 anmed by substitution to adopt these findings. 22 22 CIIA1RARNDT: Okay. Actually, we would most tujusl adopt 23 23 these - 24 24 MB MASON: Oh, ran sony- 25 25 CHAIR ARNDT: —findings. j Page 47 Page 49 1 (16.0 10 P&Z 8- 17-16 RM ad ousimreaswnu> 1 MIS MASON: —1 misheard the fading or the — (Requeved excerpt begins) 2 CIIAIR ARNDT: Well, he —I understand what you re saying 3 CHAIR ARNDT: Net itemvre have is old business lbu u 3 Youjmt would amend t and — 1 4 in megmdvto Case 1610, adoption offindmgoffea in support 4 NIS NASON: Yes. i 5 ofthe cohmissioris denial afawarionce to consumer a 67-kro1- 5 CILURARNDT: — rather than subslitinionon- 6 tall tdacomorniaations tows that aureate the B-budmmese mhed 6 NIS MASON: Right 7 50.faot budding height luniation by 17 Tea on Id 3, block 4, 7 CHAIRAttNDT: — there, 1 think would be the cleanest 8 Air ark Subdoision. Jay. 6 thing Basically, %hal you re saying is that 3 and 4 are 9 COMMISSIONER BALDW'IN: Abse to adopt the findings offact 9 changes, and 1 guess for the public. I would to dmnd and maid 10 in support ofthe cou rissimds denial for Case 16-010 requesting 10 these fin Ting of fact. To eliminate coverage gaps, a 11 avarismwe w commmct a 67 -foot -tall usecumrrnimtion toxo 11 telcommouhication5 lower mutt be located within The radio 12 tat erenu the business inning distmia 50.Eet building 12 frequency search ring That was a fact as to what we were 13 height limited [sic) by 17 fxx on lot 3, block 4, Anmpamk 13 guen. 14 Sudliwision. 14 The — 2. The strict application ofthe B -business one 15 CHAIRARNDT: bit-- 15 50 -font building height limn would prohibit AWNs ability to 16 UNIDENTIFIED COMSILSSIONER: Stand. 16 eliminate aservhce gap. That uRue, I 17 CRAIRARNDT: h'abeenmowedandsasdad. On their— 17 3. Failure ofthe lower could adversely impact public is okay. Sara, Id Ike, yam know. kid of— I mwtx:eyod. 10 health, safety, and the welfare due to the small lot sirs and 19 posting it on the monitor here, and I figure DI la you kind 19 proximity of the (rase area to nearby parcels, and could result 20 ofwalk us tivoug h a bt. 20 in material damage or prejudice to other properties, as The fall 21 NLS. MASON: Okay. so what's in you p det is what was— 21 radius "ends across Mo adjacent lots. 22 CHAIR ARNDT: Sheila, you want to tum your uric on anal In 22 Then 4. This variance is in convict wilt natural hazard 23 lar aprakjut m eweyo ne— 23 goats, policy, and/or tnpknemlslion aclions in The 2008 24 NIS.MbASON: Icouldjutyell. 24 comprehensive plan. 25 CIAIRARNBT: Well,fmlrytrglonwkeilaliNeeasier 25 5. The special conditions from which relief is being i 13 TRANSCRIPTS ONLY (907) 276-0306 Page 219 of 238 Transcript of Kodiak Island Borough Planning and Zoning Comm... PLANNING AND ZONING COMMISSION MEETINGS (EXCERPTS RE CASE APRIL 20, JULY 13 S AUGUST 17, 2016 (Paces 50 to 53) AGENDA ITEM #3.a. 16-010) 14 iANSCRIPTS ONLY (907) 276-0306 Transcript of Kodiak Island Borough Planning and Zoning Comm... Page 220 of 238 Page 50 Page 52 1 sought we a meter oftedaoogical and geogapho eannamts 1 ALS. MASON: Riglsl. 2 The applicant's request to rows,i a tower that exceed the 2 CHAIRARNDT:— steal Nish that. Basically—let sur sec. 3 Wilding height limit u weffw loow.mmm these eodimss. 3 We haw -0. notion thin we hate is move to adopt the findings 4 6. Cowruclon oft 67 -foot sten Iowa would be 4 offs)mmppost ofthe cou.risson's dwia 6x Cam 16-10 5 cwshneu With permitted uses and nfsaurnaame a ll n the 5 requeninga vanaray. So that's the ssdiw before us and — 6 B-biro.vanedilvvasappomed,Wt3deml— 6 A6. MASON: And the fmfigs affst that l—dont yvu 7 NIS hlA N: Rpt. 7 hewmyour packet — e CHAIRARNDT: —have to be— 8 CHAIR ARNDT: Right. 9 MS AIASON: Right 9 AIS. MASON: — are the longi version. So I thins W be 10 CHAIRARNDT: --n wfia weYe sbnB What Saa,gmg; 10 mf, - 11 to do. mode o. with a rainier Ria paternally it W gto 11 CIIAIRAILNDT: Okay. 12 the assnnbb, eget with vw aid they ch. to go in coat, 12 ALS. ALASON: — probably amending by mbslhudon- 13 W. swn it.,thin — din urn smndad Ways kid ofmcd m 13 CIIAIRARNDT: Sub9dmion- 14 tsyng to deal with Riese things, and not start from ground! 14 NIS. AL%SON: — is the Rin nay to W. 15 rao.l6.reflogdatwoupJWfnoulonnaeaidee. 15 CHAIRARNDT: —xould be name, okay, appropriate. Thank 16 So llnlwthrown, ma fix discussion at Wits point what 16 you- Chavxmldwtwainaswlionlormwbymt9ilution. 17 rhes psesemed. Ad Wen we hale before us, an, wKo lay had 17 Jay. In turned in, witch wo, dw background nfanwon on Rice. 10 COMMISSIONER BALDWIN: Abate to mase by mb9ilution the 19 %Llan— Sang. aryng Wags pan of We pskel, but Rs— 19 finding of Facts— do l need to put the date or—ufnolrs 20 doesol have m be nue findings of fact to then hike — that 20 neco nxndaion. 21 vw haw. So I'm opwng Wu far discussion. lay. any— 21 CHAIRARNDT: Aspvpsed. 22 COMMISSIONM BALDNIN: No, you answered,m. quentm right 22 COMMISSIONERBALD\VIN: Aspsvpo.id. 23 tote. Thankyou. 23 CHAIRARNDT: Okay. 24 HAIR ARNDT: Oh, I did? 24 UNIDENTIFIEDCOAIVIISSIONER:Second. 25 COMMISSIONER BALDWIN: So that wA be— 25 CHAIRARNDT; It'sbeen.odadiecorndedt.mocrdby Page 51 Page 53 1 CIIAIR ARNDT: So wfiat Saras proposing is for this to go 1 substituting finding of fact provided by stafftexdgJu m our 2 forward as Iha, all this informations in the packet Watt 2 meeting of August 17th. And d=ate six findings offact Our 3 theyll hoar, and helping the assembly, and, potentially, the 3 there Discussim m thenodm io mt nW by subaiMlim? 4 mart. 4 Roll all wle an the motion to ahead. Thank you Sura. 5 MS MASON: Yeah, theyll haw a0 ofthic information, 5 AIS. SAII'IM: Atr. Arndt. 6 Jay. ThcyB have what yvu pmvWd. These Hill just be the 6 CHAIRARNDT: Yes. 7 fornWiwd fmdings of fact that erre adopted to support the 7 AIS. SAI III: Atr. Witho t. 8 decision of denial of the aarimtce. B CONINILSSIONERBALDW IN: Yes. 9 CI IAIR ARNDT: And what youre saying, the short wrsiart 9 AIS. SMITH: Atr. Altmlmf. 10 AIS. MASON: Yeah. 10 COAIAILSSIONERALTENHOF: Yes. 11 COAIAIISSIONERBALDWIN: Thankyou. 11 AIS. ShIfHI: Mr. Spalinga. 12 CIINRARNDT: But the main Wing is that the other sluff 12 COAIAIISSIONERSPALINGER: Yee. 13 is included in the packet, am, and War's what youre—youw 13 NISSAIMI: Doesmyamewshlodrmgpdnarwre? Msgim 14 essmd LLS It 6, 50 — 14 envies. 15 ALS MASON: Year. 15 CHAIRARNDT: Okay, now xe have dre mam notion rigging 16 CI IAIR ARNDT: — I appreciate that Any gnustions of 16 the findings of fact a amended by substitution. Roll all vote 17 gaffon this? So, basically, twat need to rrwav: to amed this on 17 an the main motion M anaWd. 18 number 3 and number 4; is Watt wreck Sam? 18 MS. SMITTI: Air Altca af. 19 AIS MASON: Number— there was another one that was 19 COAIAILSSIONERALTENHOR Yes. 20 separated out from the origim] finding of fit that were 20 MS. SAUDI: Air. Spaingsr. 21 attached to the staff report that ants given— 21 COAIAIISSIONERSPALINGER: Yes. 22 CHAR ARNDT: Okay, but— 22 AIS. SMITH: Ah. Arndt. 23 MS MASON: — I" month wficn the denial Nos made. 23 CHAIR ARNDT: Yes. 24 CHAIR ARNDT: RiyJn, but drat easn t adopted, on we dont 24 AIS SMITH: Ah. Badxia 25 hawm_ 25 COMMISSIONER BALDWLN: Yes. 14 iANSCRIPTS ONLY (907) 276-0306 Transcript of Kodiak Island Borough Planning and Zoning Comm... Page 220 of 238 AGENDA ITEM #3.a. PLANNING AND ZONING COMMISSION MEETINGS (EXCERPTS RE CASE 16-010) APRIL 20, JULY 13 5 AUGUST 17, 2016 (Page 54) Page 54 1 M& 5\Ifll9: Does anyone wish to change your vote? Motion 2 carries 3 CRAIRARNDT: Olay. All right. 4 (End ofmque9ed "c") 5 6 / 7 B / 9 / 10 / I1 / 12 / 13 / 14 / IS / 16 / 17 / 18 / 19 / 20 / 21 / 22 / 23 / 24 / 25 / I TRANSCRIPTS ONLY (907) 276-0306 Transcript of Kodiak Island Borough Planning and Zoning Comm... Page 221 of 238 15 AGENDA ITEM #3.a. PLANNING AND ZONING COMMISSION MEETINGS (EXCERPTS RE CASE 16-010) APRIL 20, JULY 13 & AUGUST 17, 2016 Page 55 'S CERTIFICATE I, Dana J. Kelly, Certified Electronic Transcriber, hereby certify: That the foregoing pages numbered 2 through 59 are a true, accurate and complete transcript of an interview transcribed to the best of my knowledge and ability from an electronic sound recording provided to me by Kodiak Island Borough. DATED: )16. 0 nOF Dana J. Kelly AAERT No. CET -172 TRANSCRIPTS ONLY (907) 276-0306 Page 222 of 238 Transcript of Kodiak Island Borough Planning and Zoning Comm... Kodiak Island Borough Code Section 17.195.090 Appeals Chapter 17.225 APPEALS TO TI IE BOARD OF ADJUSTMENT AGENDA ITEM #4.a. Page 1/4 17.195.090_ Appeals. An appeal of the commission's decision to grant or deny a variance may be taken by any person or party aggrieved. Such appeal shall be taken within 10 days of the date of the commission's decision by filing with the board of adjustment through the city or borough clerk a written notice of appeal specifying the grounds thereof. [Ord. 83-40-0 §3, 1983. Formerly §17.66.090]. The Kodiak Island Borough Code is current through Ordinance FY2017-02, passed July 21 f%Ch 223 of 238 KI13 Section 17.195.090 and Chapter 17.225 Kodiak Island Borough Code Section 17.195.090 Appeals Chapter 17.225 APPEALS TO TI IE BOARD OF ADJUSTMENT Chapter 17.225 APPEALS TO THE BOARD OF ADJUSTMENT Sections: 17.225.010 Organization. 17.225.020 Powers of the board. 17.225.030 Persons who may appeal. 17.225.040 New evidence — Changed circumstances. 17.225.050 Appeal hearing— Notice, preparation of record. 17.225.060 Argument on appeal. 17.225.070 Appeal hearing. 17.225.080 Decision. 17.225.090 Hearing examiner. 17.225.100 Judicial review. AGENDA ITEM #4.a. Page 2/4 17.225.010 Organization. The assembly is the board of adjustment for the Kodiak Island Borough. [Ord. 96-23 §2, 1996; Ord. 90-44 §6, 1991. Formerly § 17.100.010]. 17.225.020 Powers of the board. The board of adjustment shall hear and decide: A. Appeals from the decisions of the commission regarding alleged errors in enforcement of zoning ordinances and building codes; B. Appeals from the decision of the commission on requests for conditional uses; C. Appeals from the decisions of the commission on requests for variances from the terms of the zoning ordinances and from findings as may be required by sections of this title. [Ord. 92-17 §6, 1992; Ord. 9044 §6, 1991. Formerly §17.100.020]. 17.225.030 Persons who may appeal. A written decision of the commission granting or denying approval under the requirements of this title may be appealed by: A. The applicant; or B. Any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the commission. [Ord. 9044 §6, 1991. Formerly § 17.100.030]. 17.225.040 New evidence— Changed circumstances. Appeals alleging new evidence or changed circumstances may be remanded by the board of adjustment to the commission where they shall be treated as petitions for reconsideration. [Ord. 9044 §6, 1991. Formerly § 17.100.0401. 17.225.050 Appeal hearing— Notice, preparation of record. A. Upon timely commencement of an appeal, the clerk shall schedule the appeal hearing, mail notice of the appeal, request the community development department director to prepare the appeal record, and notify the commission of the appeal. B. The clerk shall mail notice of the appeal to each person who was entitled to notice of the original commission proceeding. The notice shall include the appellant's notice of appeal, describe the decision appealed from, state the date of the appeal hearing and time within which written argument supporting or opposing the appeal may be submitted, and contain the substance of subsections C and E of this section regarding the obtaining of a verbatim transcript and the availability of the appeal record. The Kodiak Island Borough Code is current through Ordinance FY2017.02, passed July 21016C6 224 of 238 KIB Section 17.195.090 and Chapter 17.225 AGENDA ITEM #4.a. Kodiak Island Borough Code Page 3/4 Section 17.195.090 Appeals Chapter 17.225 APPEALS TO THE BOARD OF ADJUSTMENT C. The appeal record shall be completed within 10 working days of filing of an appeal. The appeal record shall include the draft minutes of the proceedings before the commission, the commission's written decision, and any written documents considered by the commission. Any party to an appeal from a commission decision may cause the appeal record to include a verbatim transcript of the proceedings before the commission by filing a request therefor, accompanied by a cash deposit in the amount of the estimated cost of preparing the transcript. Within 10 working days of notice of completion of the transcript the person requesting it shall pay the actual cost thereof, or the deposit shall be forfeited to the borough. A request by the borough for a transcript is not subject to the deposit or refund provisions of this subsection. The borough shall bear the cost of preparing the remainder of the record. D. Following completion of the record, the clerk shall, by certified mail, serve a copy of the appeal record on the appellant, the applicant, and on any party who paid for the preparation of a verbatim transcript as part of the record. The clerk shall deliver a copy of the appeal record to the borough staff assigned responsibility for the appeal. E. A copy of the appeal record shall be available for public inspection at the clerk's office. Any person may obtain a copy of the record upon payment of the appropriate fee. [Ord. 9044 §6, 1991. Formerly §17.100.0501. 17.225.060 Argument on appeal. On appeal to the board of adjustment, any person who meets the requirements of KIBC 17.225.030 may submit to the clerk written argument supporting or opposing the appeal. Written argument submitted prior to the appeal hearing shall become part of the appeal record. [Ord. 9044 §6, 1991. Formerly § 17.100.0601. 17.225.070 Appeal hearing. A. The board of adjustment shall hold an appeal hearing on the appeal at its first regular meeting 30 days after the appeal record has been completed. B. At the hearing before the assembly, only persons who have submitted written argument on the appeal or testified before the commission, or submitted written comments to the commission may present oral argument. Oral argument shall be subject to the following order and time limitations, unless the assembly, for good cause shown, permits a change in the order or an enlargement of time. 1. Borough staff, including commission representatives: 10 minutes to present the decision below and to set forth the evidence and reasons relied upon for the decision. 2. Appellant: 10 minutes. 3. Private person supporting the appeal: 10 minutes each. 4. Private person opposing the appeal: 10 minutes each. 5. Appellant, for rebuttal: 10 minutes. C. Failure to observe the above procedures in a hearing shall not affect the validity of the decision so long as the appellant has had a reasonable opportunity to be heard. D. The board of adjustment shall decide the appeal upon the appeal record, the written and oral argument, and the testimony and evidence presented on the appeal. The board of adjustment may exercise its independent judgment on the legal and factual issues raised by the appellant. [Ord. 9044 §6, 1991. Formerly § 17.100.0701. 17.225.080 Decision. A. The board of adjustment shall either affirm or reverse the decision of the commission in whole or in part. If the board of adjustment fails to approve the reversal of the commission's decision, that decision is affirmed. The board of adjustment may make its own findings on factual issues, based upon the evidence in the record. B. Every decision of the board of adjustment to affirm or reverse an action of the commission shall be based upon findings and conclusions adopted by the board of adjustment. Such findings must be reasonably specific so as to The Kodiak Island Borough Code is current through Ordinance FY2017-02, passed July 21 f%� 225 of 238 KIB Section 17.195.090 and Chapter 17.225 AGENDA ITEM #4. a. Kodiak Island Borough Code Pagc 4A Section 17.195.090 Appeals Chapter 17.225 APPEALS TO THE BOARD OF ADJUSTMENT provide the community and, where appropriate, reviewing authorities, a clear and precise understanding of the reason for the decision. C. The board of adjustment's decision affirming or reversing the decision of the commission shall be mailed to the parties to the appeal within 10 working days after the appeal decision and approval of findings of fact. [Ord. 9044 §6, 1991. Formerly §17.100.080]. 17.225.090 Hearing examiner. When the borough is either the applicant or appellant, the appeal shall be heard and decided upon by a hearing examiner. The clerk shall refer the appeal to the Alaska Office of Administrative Hearings under AS 44.64.030(b). In rendering a decision, the hearing examiner shall follow the rules and procedures as set forth in the preceding sections of this chapter. [Ord. FY2010-09 §3, 2010; Ord. 9044 §6, 1991. Formerly § 17.100.090]. 17.225.100 Judicial review. Any person aggrieved by a final decision of the board of adjustment under this chapter may appeal that decision to the superior court within 30 days of the decision. An appeal to superior court shall be heard solely on the record before the board of adjustment or its hearing examiner and the commission. The appeal procedure shall he governed by the rules set forth in Part Six of the Rules of Appellate Procedure of the state of Alaska. The findings of the board of adjustment shall not be reversed if, in light of the whole record, they are supported by substantial evidence. [Ord. 9044 §6,1991. Formerly § 17.100.100]. The Kodiak Island Borough Code is current through Ordinance FY2017-02, passed July 211* 226 of 238 KIB Section 17.195.090 and Chapter 17.225 AGENDA ITEM #5.a. Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 Email: clerks2tkodiakak.tis NOTICE OF APPEAL HEARING This notice is being sent to you because our records indicate that you are entitled to notice of the original commission proceeding regarding Case No. 16-010. Request a Variance to construct a 67' tall telecommunications tower that exceeds the B -Business zoning 50' building height limit by 17' on Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 and 17.90.040) (Appellant Mark Moderow, Senior Counsel Representing Alaska Wireless Network). This case is going to be heard before the Kodiak Island Borough Assembly sitting as the Board of Adjustment on Thursday. October 6, 2016 at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Written argument supporting or opposing the appeal may be submitted by email to clerks(a)kodiakak.us, faxed to 907-486-9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 234, Kodiak, AK 99615 prior to 4 p.m. on Thursday, October 6, 2016. All written comments submitted on this appeal shall become part of the appeal record. The following may present oral argument before the board: persons who have submitted written argument on this appeal, or submitted timely written comments to the commission, or testified before the commission. A copy of the appeal record is available for public inspection in the Borough Clerk's Office and it is also available online at https /Ikodiakak.civicweb.net/Documents/DocumentDetaii.aspx?ld=41683 Any person may obtain a copy upon payment of the appropriate fee and, any party to an appeal may request verbatim transcript of the proceedings before the commission by filing a request accompanied by a cash deposit. Per KIBC 17.225.050 C. The appeal record shall be completed within ten (10) working days of filing of appeal. The appeal record shall include the draft minutes of the proceedings before the commission, the commission's written decision, and any written documents considered by the commission. Any party to an appeal from a commission decision may cause the appeal record to include a verbatim transcript of the proceedings before the commission by filing a request thereof, accompanied by a cash deposit in the amount of the estimated cost of preparing the transcript. Within ten (10) working days of notice of completion of the transcript the person requesting it shall pay the actual cost thereof, or the deposit shall be forfeited to the borough. A request by the borough for a transcript is not subject to the deposit or refund provisions of this subsection. The borough shall bear the cost of preparing the remainder of the record. E. A copy of the appeal record shall be available for public inspection at the clerk's office. Any person may obtain a copy of the record upon payment of the appropriate fee. For any questions regarding this appeal, please call the Borough Clerk's Office at 486-9310. Attached are the following: Appeal Hearing Form Appellant's Notice of Appeal Page 227 of 238 Notice of Appeal Hearing Letter and Mailing List AGENDA ITEM #5.a. Case 16-010. Request a variance to construct a 67' tall telecommunications tower that exceeds the B -Business zoning 50' building height limit by 17' on Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 and 17.90.040) (Appellant Mark Moderow, Senior Counsel Representing Alaska Wireless Network). ee,d,y m + Dd 6 p j•Q. Orive •' a+ • +1F• 3. • A fi • nen � 6 maa�re c:�, v � '• i �Foed up�ea MYkrk lane ary. � ,,�¢ P re � +• 9 9` , aF�a 'A r'.� �' Sip Hever Lara P e i0' T4 LS -o- y 4 af''•', ^may°e• sbeet • 5,oma' ' + . �� SIIL�t �+ qh JdaeM"`� r ;�y � Subject Parcel ' ti . Ate;. Zoning Legend (� Public Use Lands Rural Residential 1 Multi Family Residential Light Industrial ® Watershed ® Rural Residential 2 Business Rural Neighborhood Commercial 0 Conservation Q Single Family Residential Retail Business Urban Neighborhood Commercial [� Rural Residential Two Family Residential ® Industrial Natural Use Page 228 of 238 Notice of Appeal Hearing Letter and Mailing List AGENDA ITEM #5.a. BOARD OF ADJUSTMENT APPEAL HEARING FORM ❑ This written argument is in support of the appeal. ❑ This written argument is in opposition of the appeal. Name: Residence Address: Mailing Address: Written argument supporting or opposing the appeal may be submitted by email to clerks(c kodiakak.us, faxed to 907-486-9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 234, Kodiak, AK 99615 prior to 4 a.m. on Thursday. October 6, 2016. All written comments submitted on this appeal shall become part of the appeal record. Page 229 of 238 Notice of Appeal Hearing Letter and Mailing List AGENDA ITEM #5.a. Page 230 of 238 Notice of Appeal Hearing Letter and Mailing List AGENDA ITEM #5.a. August 25, 2016 Nova M. Javier, MMC Via e-mail and USPS Borough Clerk Kodiak Island Borough 710 Mill Bay Road Room 234 Kodiak, AK 99615 niavier@kodiakak.us Re: Appeal of Decision of P & Z Commission Variance Request, P&Z No. 16-010 Dear Madame Clerk, Pursuant to K.I.B.C. 17.195.090, Applicant, Alaska Wireless Network ("AWN"), hereby files this written notice of appeal from the decision of the Kodiak Island Borough Planning and Zoning Commission ("Commission") to deny AWN's Request for Variance in P&Z Case No. 16-010. Findings of Fact in support of the denial were adopted by the Commission at its August 17, 2016 meeting, and such Findings were formally transmitted to the Applicant via letter, dated August 23, 2016, a copy of which, containing the Findings, is attached. In keeping with the requirements of the ordinance, also attached to this notice is a statement of the specific grounds of error in support of the appeal. Finally, an appeal fee has been separately tendered on behalf of the Applicant, so as to allow this electronic filing. The undersigned requests confirmation, via e-mail, of receipt of this Notice, the Attachments and the appeal fee. Service of further documents regarding this appeal should be to the undersigned, at: GCI Legal and Regulatory Department Attn: Mark Moderow, Sr. Counsel 2550 Denali Street, Ste. 1000 Anchorage, AK 99503 Telephone: 907-868-5664 E-mail: mmoderow@gci.com Thank you for your attention to this matter. 7rk MaModerow Senior Counsel, Corporate & State Regulatory Affairs, Regulatory 2550 Denali Street • Suite 1000 • Anchorage, Alaska 99503-2751 • 90F46M3W(z38 Notice of Appeal Hearing Letter and Mailing List August 23, 2016 Mr. Dave Baker Alaska Wireless Network 6831 Arctic Blvd. Anchorage, AK 99518 AGENDA ITEM #5.a. Kodiak Island Borough Community Development Deparhnent 710 Mill Say Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiak.ak.us Re: Case 16-010. Request a Variance to construct a 67' tall telecommunications tower that exceeds the B -Business zoning 50' building height limit by 17' on Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 and 17.90.040). Dear Mr. Baker: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on July 13, 2016, denied your request for a variance as stated above, and adopted Findings of Fact in support of the denial at their August 17, 2016 regular meeting. The Commission adopted the following findings of fact in support of their decision: FINDINGS OF FACT 1. To eliminate coverage gaps, a telecommunications tower must be located within the radio frequency search ring. 2. The strict application of the B.Business zoning fifty (50) foot building height limit would prohibit AWN's ability to eliminate a service gap. 3. Failure of the tower could adversely impact public health, safety, and welfare due to the small lot sizes and proximity of the lease area to nearby parcels, and could result In material damage or prejudice to other properties, as the fall radius extends across two adjacent lots. 4. This variance is in conflict with natural hazards goals, policies, and/or implementation actions in the 2008 Comprehensive Plan. 5. The special conditions from which relief is being sought are a matter of technological and geographic constraints. The applicant's request to construct a tower that exceeds the building height limit is an effort to overcome these conditions. (#5) 6. Construction of a sixty-seven (67) foot cell tower would be consistent with permitted uses and infrastructure within the B -Business zone. Page 1 of 2 Notice of Appeal Hearing Letter and Mailing List Page 232 of 238 AGENDA ITEM #5.a. Chapter 17.195.090 KIBC — Appeals states: An appeal of this decision may be initiated by; 1) the applicant, or 2) any person or party aggrieved, by filing a written notice of appeal with the Borough Clerk within ten (10) calendar days of the Commission's decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and accompanied by the appropriate appeal fee. Therefore, the Commission's decision will not be final and effective until ten (10) calendar days following the decision. For more information on the appeal process please contact the Borough Clerk's Office at 486-9310. If you have any questions about the action of the Commission, please contact the Community Development Department at 486-9363. Sinc ely, Sara Mason, Director Community Development Department CC: Nova Javier, Borough Clerk Planning and Zoning Commission Page 2 or 2 Page 233 of 238 Notice of Appeal Hearing Letter and Mailing List AGENDA ITEM #5.a. Notice of Appeal of Variance Request P & Z Case No. 16-010 Attachment —Grounds of Error Background: The Commission's first and second Findings of Fact, taken together with substantial evidence contained in the record, clearly establish that the decision by the Commission prevents the Applicant from closing a significant gap in its service coverage. As such, the decision serves to effectively prohibit the provision of wireless services under Federal law. Similarly, the Commission's fifth Finding of Fact, taken together with substantial evidence contained in the record, clearly establishes that the technological and geographic constraints, which cause the significant gap in service coverage, can be overcome by granting the variance. Finally, the Commission's sixth Finding of Fact, taken together with substantial evidence contained in the record, clearly establishes that the decision by the Commission treats Applicant's tower application differently from similarly situated towers within the Borough. As such, the decision unreasonably discriminates among providers of substantially equivalent services under Federal law. As a result, the Applicant appeals the Commission's recent decision in Case No. 16-010. The appeal centers on the Commission's errors in applying applicable law and its unsubstantiated findings of fact and conclusions of law. Errors In Application of Law: 1. The Commission's third Finding of Fact is based upon Impermissible extensions or erroneous interpretations of the applicable Borough Ordinance(s), as a matter of law. The finding states: "Failure of the tower could adversely impact public health, safety, and welfare due to the small lot sizes and proximity of the lease area to nearby parcels, and could result in material damage or prejudice to other properties, as the fall radius extends across two adjacent lots." There are no requirements regarding fall radius contained in the Borough Ordinances. The Borough may not, as a matter of law, justify a denial on Applicant's failure to meet criteria that do not exist under applicable ordinances. 2. The Commission's interpretation and application of the "substantial evidence" and "burden of proof' standards imposed by the applicable ordinances and Federal and State law are erroneous as a matter of law. For instance, substantial evidence as to tower design standards does not require the analysis and consideration of dissimilar conditions or sites, as such requirement would be never-ending. Further, burden of proof standards do not require an applicant to pre-emptively refute every possible failure scenario. Rather the burden of proof requires the Applicant to provide a prima facie showing of adequacy and compliance with applicable State and Federal standards, then the burden shifts allowing for substantive questions, which the Applicant must be allowed to refute. 3. The Commission's consideration of additional evidence, after the public hearing closed and without providing the Applicant notice and an opportunity to be heard, violates due process of law. g Page 234 of 238 Notice of Appeal Hearing Letter and Mailing List AGENDA ITEM #5. a. 4. The Commission's denial, even if based upon valid interpretations of otherwise applicable ordinances and/or substantial evidence thereunder, violates Federal law as it: a.) prohibits the applicant from closing an admitted and significant gap in service coverage; b.) unreasonably discriminates among providers of functionally equivalent services; and/or c.) was not rendered within a reasonable period of time. Findings and Conclusion Unsupported by Substantial Evidence: 1. The Commission's third finding and conclusion is not supported by substantial evidence as required by Federal law. The Commission's third finding and conclusion states: "Failure of the tower could adversely impact public health, safety, and welfare due to the small lot sizes and proximity of the lease area to nearby parcels, and could result in material damage or prejudice to other properties, as the fall radius extends across two adjacent lots." This finding cannot justify the denial as (a) applicable Borough Ordinances do not require the Applicant to meet the purported criteria and (b) the findings are not supported by substantial evidence sufficient to rebut the factual record and prima facie case developed by the Applicant as to salient and applicable facts required by valid ordinance and Federal law. Also the Commission's findings are tainted by additional evidence introduced by the Commission—and improperly relied upon— after the public hearing closed. The Applicant could have conclusively rebutted the additional evidence if the evidence had been properly introduced during the public hearing. 2. The Commission's fourth generalized finding and conclusion, which is unjustifiably used as a second purported finding that the Applicant failed to meet its burden of proof, is not supported by substantial evidence. The finding states: 'This variance is in conflict with natural hazards, goals, policies, and/or implementation actions in the 2008 Comprehensive plan." The Commission fails to state specific factual findings or citations supporting this generalized conclusion, and any implied finding as to the burden of proof is not supported by substantial evidence sufficient to rebut the factual record and prima facie case developed by the Applicant as to salient and applicable facts and requirements of the Plan. 2 Page 235 of 238 Notice of Appeal Hearing Letter and Mailing List AGENDA ITEM #5.a. Nim M N m M I . m M I I v m m M m m m m m m m In In n m ul In m m m m n .ti .ti .-� H H o .ti H H .ti m m m m m m m m m m m m m m m m mm m m n m m m m m m m m m m n m m m � m m m m m m m m m m m m m m m m m m m m m m m m m m m m m n m m m �I Y Q aY Y Y Y Y Y Y Y Y Y Y Y Q Y Y Y Y Y Y Y Y Y Y Y Y Y Y Q a 3 u a a a a a a a a Q a a a u a a a 0 a a a a a a a a a �-` a a 3 W Z Z ❑ V Z Y Z � O U a g a a a a¢ a a m a a¢ a a a g a a a a 0 a a a a Z a a >'- -1 O t; V D O Z 0 0 0 3 O O O K 0❑❑ tx.J ❑❑ V❑❑ Z O u O O O y 0 0 0 0 N 0 0 0< 0 0 0 0 0 0 0 0 Za O O O O o 0 0 Y Notice of Appeal Hearing Letter and Mailing List n m m m a W G m m m Z O � ry c JI x m � Z m ti LL m a w m J a m Z '+ O w t m W ~~ w } a > N W Z g w 3 vmwim ❑ > a F❑ O a J m m aOU Z m g ❑ >- a O ❑a o a xO OOmoO W I mrl '❑^ m O m V m v wOp Y u`ii m N m m W 2 3 m - paO p vOw -OOz owO 0 m p -Jd I m m m m N m m m n m m o m m m m m m n N m m 1p m e m m 0 0 m O000 m m m 0 m m ry ry O m N 1l1 H 111 O m U 0 m m N lwn m d V m N lin H n O d �"� O d �" � O 2 O 1 U O m N N N H O m O m N Z O Q u x U z O Z vov1 V Z In 2 a J F- W z O m w O F Y W Z 2 N m ❑ K ❑ Z W W 0 Q V g J O J Z J 0 v 0 u w ¢ w J m O w IO LL W I-' Z❑ w a O 0 W a Q m m x g W m Z O W S} w Z J Z C O N Q 2 O z U V O m>❑ In a s l7 a} 3 J W R' z z J H G w a a O O } J O O M Q NI F_ Q W O} Q a 6 a a W O J O O 1' W J O C C Y G G G� G U uw U U❑❑❑ W W LL LL U U S S S x Y Y Y J J J L G G G G G Z w V1 N VI a Z Z a W Y a d w J Y❑ u a m x U a J ¢ U W U m w qi m Z J Lu C Z Q }} J 2 Z �( = W¢ O Z O a a a w¢ Q 0 Y l7 a U w OJ w �i a 0^ Q w O❑ J w > ❑ Page 237 of 238 Notice of Appeal Hearing Letter and Mailing List AGENDA ITEM #5. a. �O lD V1 W N W W Vf m m m m m m m m m m m m m m m m Q Q Q Q¢ w w ¢ O ¢ a a 0 a a s 00z0'�00Z O O O O O J m U U Q H m m W Page 238 of 238 Notice of Appeal Hearing Letter and Mailing List x Q D W ¢ z JW K Z W Z Z W 0 J 2 J¢ Y J Page 238 of 238 Notice of Appeal Hearing Letter and Mailing List Kodiak Island Borough Assembly Regular Meeting Guidelines October 6, 2016, 6:30 p.m., Borough Assembly Chambers PLEASE ANNOUNCE: Please remember to turn off ringers on your cell phones or put them on vibrate. INVOCATION Major David Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE — Mayor Friend. 3. ROLL CALL KIBC 2.25.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse any Assembly Member who may be 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. Recommended motion: Move to approve the agenda and consent agenda. Summary of Consent Agenda Items: Resolution No. FY2017-11 Authorizing An Amendment To The Borough's Participation Agreement With The Public Employees' Retirement System (PERS) Of Alaska To Exclude Seasonal Employees From Participation. Resolution No. FY2017-02A Amending Resolution No. FY2017-02 Reestablishing The Fees for the Kodiak Island Borough. VOICE VOTE ON MOTION 5. APPROVAL OF MINUTES None. 6. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) 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 October 6, 2016 Page 1 7. AWARDS AND PRESENTATIONS A. Domestic Violence Awareness Month Proclamation — Erica Allen Accepting B. Filipino American National History Awareness Month - Mary Guilas-Hawver Accepting C. Fire Prevention Month - Chief Howard Rue Accepting 8. COMMITTEE REPORTS Recommended motion: Move to suspend the rules so the Assembly can consider the Board of Adjustment hearing before Ordinance No. FY2017-17. VOICE VOTE ON MOTION Note: If the motion passes use the 9. PUBLIC HEARING A. Ordinance No. FY2017-17 Placing A Temporary Moratorium On The Enforcement Of Those Sections Of Title 17 (Zoning) Of The Borough Code That Prohibit The Keeping Of Chickens And Other Animals Useful To People In The Rr-Rural Residential, R1 -Single -Family Residential, R2 -Two -Family Residential, And R3 -Multi - Family Residential Zoning Districts, And Initiating A Planning And Zoning Commission Review Of Title 17 (Zoning) Of The Borough Code To Consider Amendments That Will Allow Such Uses In Those Districts, And Directing Staff To Perform A Concurrent Review Of Chapter 6.04 (Animal Control) Of The Borough Code To Recommend Amendments That More Specifically Address The Control Of Chickens And Other Animals Useful To People. Recommended motion: Move to adopt Ordinance No. Ordinance No. FY2017- 17. Staff Report — Manager Powers. Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR Kodiak Island Borough Assembly Guidelines October 6, 2016 Page 2 12. UNFINISHED BUSINESS A. Contract No. FY2016-45A Amending Contract No. FY2016-45 Twin Creeks Fire Salvage Timber Sale Contract, Between A-1 Timber Consultants, Inc. And The Kodiak Island Borough, To Provide An Exception To Section 11 Timber Operations, Subsection "C", Slash Operations. Motion is ON THE FLOOR which is: move to amend Contract FY2016-45 (previously adopted on May 5, 2016) Twin Creeks Fire Salvage Timber Sale Contract Section 11, Timber Operations, Subsection "C" Slash Operations, between A-1 Timber Consultants, Inc. and the Kodiak Island Borough, by adopting the contract amendment identified as Substitute Version 2 of KIB Contract FY2016-45A. Recommended motion: Move to postpone Contract FY2016-45A to the next regular meeting of the Assembly or ROLL CALL VOTE ON MOTION TO POSTPONE 13. NEW BUSINESS A. Contracts — None. B. Resolutions 1. *Resolution No. FY2017-02A Amending Resolution No. FY2017-02 Reestablishing The Fees for the Kodiak Island Borough. 2. *Resolution No. FY2017-11 Authorizing An Amendment To The Borough's Participation Agreement With The Public Employees' Retirement System (PERS) Of Alaska To Exclude Seasonal Employees From Participation. 3. Resolution No. FY2017-13 Adopting A Capital Improvement Projects Priority List For The 2016-2017 State Legislative Session. Recommended motion: Move to adopt Resolution No. FY2017-13. Staff report — Manager Powers. Assembly discussion. Recommended motion: Move to postpone Resolution No. FY2017-13 to the next regular meeting of the Assembly or ROLL CALL VOTE ON MOTION TO POSTPONE Kodiak Island Borough Assembly Guidelines October 6, 2016 Page 3 C. Ordinances for Introduction 1. Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, Larsen Bay Subdivision From R1 -Single-family Residential District To B -Business District (P&Z Case No. 16-038). Recommended motion: Move to adopt Ordinance No. FY2017-18 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON MOTION 2. Ordinance No. FY2017-19 Amending The 2008 Comprehensive Plan By Changing The Future Land Use Designation Of Lot 4, Block 3, Port Lions Subdivision From Public Land To Residential (P&Z Case No. 16-039). Recommended motion: Move to adopt Ordinance No. FY2017-19 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON MOTION 3. Ordinance No. FY2017-20 Rezoning Lot 4, Block 3, Port Lions Subdivision From PL -Public Use Lands District To R2 -Two -Family Residential District (P&Z Case No. 16-040). Recommended motion: Move to adopt Ordinance No. FY2017-20 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON MOTION D. Other Items 1. Board of Adjustment Appeal - Case No. 16-010. Request a Variance to construct a 67' tall telecommunications tower that exceeds the B -Business zoning 50' building height limit by 17' on Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 and 17.90.040) (Appellant Mark Moderow, Senior Counsel Representing Alaska Wireless Network). Kodiak Island Borough Assembly Guidelines October 6, 2016 Page 4 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) 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 15. EXECUTIVE SESSION A. Matters Involving Negotiations With The IBEW Recommended motion: Move to convene into executive session to discuss matters involving negotiations with the IBEW, a subject matter which qualifies for executive session per KIBC 2.30.030(F.1.d) matters involving negotiations with labor organizations representing borough employees. ROLL CALL VOTE ON MOTION Recommended motion: Move to invite the Borough Mayor, Assembly, Manager, Finance Director, and Clerk's Office Staff into executive session. ROLL CALL VOTE ON MOTION After the vote, Mayor Friend recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Friend reconvenes the regular meeting and announces: The Assembly discussed matters involving negotiations with the IBEW and • No action is to be taken as a result of the executive session • The Assembly may make a motion if necessary. The Assembly must state the motion and vote outside of executive session. ROLL CALL VOTE ON ANY MOTION Kodiak Island Borough Assembly Guidelines October 6, 2016 Page 5 16. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Friend The Assembly, City Council, and School District Board will hold a joint work session/public forum with Governor Walker tomorrow from 1:45 to 2:45 p.m. in the City Library Multi -Purpose Room. The next Assembly work session will be held on Thursday, October 13 at 6:30 p.m. in the Borough Conference Room and the next Assembly regular meeting is scheduled on Thursday, October 20 at 6:30 p.m. in the Borough Assembly Chambers. The Assembly and City Council will meet in a Joint Work Session on Wednesday, October 19 at 7:30 p.m. in the City Library Multi -Purpose Room. 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines October 6, 2016 Page 6 BOARD OF ADJUSTMENT APPEAL TO THE BOARD OF ADJUSTMENT - Board Of Adjustment Appeal - Case No. 16-010. Request Of A Variance To Construct A 67' Tall Telecommunications Tower That Exceeds The B -Business Zoning 50' Building Height Limit By 17' On Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 And 17.90.040) (Appellant Mark Moderow, Senior Counsel Representing Alaska Wireless Network). Clerk's Note: Eight appeal hearing notices were mailed and no responses were received. A signed petition was received this afternoon from Mr. Huffaker in support of the appeal. The petition was verified against the list of those eligible to offer testimony on the appeal; however of those who signed the petition, none were eligible to provide testimony. Although inadmissable, the petition will be made part of the record. Please announce: The board of adjustment shall decide the appeal upon the appeal record and the written and oral argument presented on the appeal. Per KIBC 17.225.070(B): At the hearing before the board of adjustment, only persons who have submitted written argument on the appeal, or testified before the commission, or submitted written comments to the commission may present oral argument. Persons who have submitted written argument on the appeal: Staff notes: Cut and paste this from the file: NACL\BC-03 - LAND USE APPEALS\FY2017\GCI Land Use Variance P&ZC 16-010/List of people who can speak before BOA Testified before the Commission: Submitted written comments to the Commission: The order of oral argument is as follows: 1. Borough staff, including commission representatives: 10 minutes to present the decision and to set forth the evidence and reasons relied upon for the decision. 2. Appellant: 10 minutes— Mark Moderow PLEASE ASK THOSE SPEAKING TO IDENTIFY THEMSELVES, SIGN, AND PRINT THEIR NAME ON THE SIGN -IN SHEET. It is recommended that questions for the testifiers not be asked during their testimony. If you need further clarification on their testimony, please ask the Chair of the Board to call the person back to the podium during your debate. 3. Private person supporting the appeal: 10 minutes Mark Moderow 4. Private person opposing the appeal: 10 minutes 5. Appellant, for rebuttal: 10 minutes Mark Moderow Clarification - Rebuttal may be limited to new evidence and testimony brought forward during private person comments. Per KIBC 17.225.070(C): Failure to observe the above procedures in a hearing shall not affect the validity of the decision so long as the appellant has had a reasonable opportunity to be heard. Board of Adjustment discussion The Board of Adjustment may convene into closed session for deliberation as a quasi-judicial function to reach a decision in an adjudicatory proceeding and to deliberate on any essential findings of fact. If a closed session is desired: Recommended motion: Move to convene into closed session for deliberation as a quasi- judicial board. ROLL CALL VOTE ON MOTION TO CONVENE INTO CLOSED SESSION. (After the vote, CHAIR OF THE BOARD invites the Borough Manager and Clerk's office staff to join in closed session.) Per KIBC 17.225.080 Decision. (This MUST be done in open session.) A. The board of adjustment shall either affirm or reverse the decision of the commission in whole or in part. If the board of adjustment fails to approve the reversal of the commission's decision, that decision is affirmed. Recommended motion: Move to Affirm IN WHOLE (OR IN PART) the Planning and Zoning Commission's Decision on Case No. 16-010 Request Of A Variance To Construct A 67' Tall Telecommunications Tower That Exceeds The B -Business Zoning 50' Building Height Limit By 17' On Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 And 17.90.040) (Appellant Mark Moderow, Senior Counsel Representing Alaska Wireless Network). OR Recommended motion: Move to Reverse - IN WHOLE (OR IN PART) the Planning and Zoning Commission's Decision on Case No. 16-010 Request Of A Variance To Construct A 67' Tall Telecommunications Tower That Exceeds The B -Business Zoning 50' Building Height Limit By 17' On Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 And 17.90.040) (Appellant Mark Moderow, Senior Counsel Representing Alaska Wireless Network). Clerks Note: If the Board of Adjustment fails to affirm, a motion to reverse is in order. If the Board of Adjustment fails to reverse, the decision is affirmed. ROLL CALL VOTE ON MOTION. DISCUSSION ON FINDINGS OF FACT Every decision of the Board of Adjustment to affirm or reverse an action of the commission shall be based upon findings and conclusions adopted by the Board of Adjustment. Such findings must be reasonably specific so as to provide the community and, where appropriate, reviewing authorities, a clear and precise understanding of the reason for the decision. Preparation of the written decision will be based on your discussion and adoption of findings of fact. Please be clear so that staff will have clear basis on what to include in the written decision. • Move to adopt findings of fact as follows: (The Board of Adjustment may make its own findings of fact and must be in the record and decision must be supported by these findings.) Commission's: Move to adopt the findings of fact as follows (See attached on • If you wish to postpone the adoption of the findings of fact: Move to postpone the findings of fact of the Board of Adjustment to (state date). ROLL CALL VOTE ON MOTION. CHAIR OF THE BOARD, please announce that a WRITTEN DECISION WILL FOLLOW. The date on the written decision is used for further appeal. KIBC Section 17.225.100 Judicial review states: Any person aggrieved by a final decision of the board of adjustment under this chapter may appeal the decision to the superior court within 30 days of the decision. An appeal to superior court shall be heard solely on the record before the board of adjustment or its hearing examiner and the commission. The appeal procedure shall be governed by the rules set forth in Part Six of the Rules of Appellate Procedure of the state of Alaska. The findings of the board of adjustment shall not be reversed if, in light of the whole record, they are supported by substantial evidence. According to Appellate Rule 602(a)(2) Appeals from Administrative Agencies prescribes: "An appeal may be taken to the superior court from an administrative agency within 30 days from the date that the decision appealed from is mailed or otherwise distributed to the appellant". That rule goes on to provide: "The 30 -day period for taking an appeal does not begin to run until the agency has issued a decision that clearly states that it is a final decision and that the claimant has thirty days to appeal'. BOARD OF ADJUSTMENT APPEAL TO THE BOARD OF ADJUSTMENT - Board Of Adjustment Appeal - Case No. 16-010. Request Of A Variance To Construct A 67' Tall Telecommunications Tower That Exceeds The B -Business Zoning 50' Building Height Limit By 17' On Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 And 17.90.040) (Appellant Mark Moderow, Senior Counsel Representing Alaska Wireless Network). Clerk's Note: Forty one appeal hearing notices were mailed and no responses were received. An appeal brief was submitted by the Appellant Mark Moderow on September 28, 2016 and was distributed to the Assembly and attached to the packet. Please announce: The board of adjustment shall decide the appeal upon the appeal record and the written and oral argument presented on the appeal. Per KIBC 17.225.070(B): At the hearing before the board of adjustment, only persons who have submitted written argument on the appeal, or testified before the commission, or submitted written comments to the commission may present oral argument. Persons who have submitted written argument on the appeal: Testified before the Commission (July 13): 1. Travis Drake 2. Sherrie Greenshields 3. Kevin Arndt 4. Phil Weisman Submitted written comments to the Commission: 1. Kevin Arndt, MK Enterprises, LLC 2. Stosh Anderson, Mill Bay LLC 3. Duane Dvorak, KIB Resource Management Officer, (Form returned with no comments) 4. Tonya Heitman The order of oral argument is as follows: 1. Borough staff, including commission representatives: 10 minutes to present the decision and to set forth the evidence and reasons relied upon for the decision. 2. Appellant: 10 minutes— Mark Moderow PLEASE ASK THOSE SPEAKING TO IDENTIFY THEMSELVES, SIGN, AND PRINT THEIR NAME ON THE SIGN -IN SHEET. It is recommended that questions for the testifiers not be asked during their testimony. If you need further clarification on their testimony, please ask the Chair of the Board to call the person back to the podium during your debate. 3. Private person supporting the appeal: 10 minutes Mark Moderow 4. Private person opposing the appeal: 10 minutes 5. Appellant, for rebuttal: 10 minutes Mark Moderow Clarification - Rebuttal may be limited to new evidence and testimony brought forward during private person comments. Per KIBC 17.225.070(C): Failure to observe the above procedures in a hearing shall not affect the validity of the decision so long as the appellant has had a reasonable opportunity to be heard. Board of Adjustment discussion. The Board of Adjustment may convene into closed session for deliberation as a quasi-judicial function to reach a decision in an adjudicatory proceeding and to deliberate on any essential findings of fact. If a closed session is desired: Recommended motion: Move to convene into closed session for deliberation as a quasi- judicial board. ROLL CALL VOTE ON MOTION TO CONVENE INTO CLOSED SESSION. Recommended motion: move to invite the Borough Mayor, Assembly, and Clerk's office staff to join in closed session. ROLL CALL VOTE ON MOTION. Per KIBC 17.225.080 Decision. (This MUST be done in open session.) A. The board of adjustment shall either affirm or reverse the decision of the commission in whole or in part. If the board of adjustment fails to approve the reversal of the commission's decision, that decision is affirmed. Recommended motion: Move to Affirm IN WHOLE (OR IN PART) the Planning and Zoning Commission's Decision on Case No. 16-010 Request Of A Variance To Construct A 67' Tall Telecommunications Tower That Exceeds The B -Business Zoning 50' Building Height Limit By 17' On Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 And 17.90.040) (Appellant Mark Moderow, Senior Counsel Representing Alaska Wireless Network). OR Recommended motion: Move to Reverse - IN WHOLE (OR IN PART) the Planning and Zoning Commission's Decision on Case No. 16-010 Request Of A Variance To Construct A 67' Tall Telecommunications Tower That Exceeds The B -Business Zoning 50' Building Height Limit By 17' On Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 And 17.90.040) (Appellant Mark Moderow, Senior Counsel Representing Alaska Wireless Network). Clerk's Note: If the Board of Adjustment fails to affirm, a motion to reverse is in order. If the Board of Adjustment fails to reverse, the decision is affirmed. ROLL CALL VOTE ON MOTION. DISCUSSION ON FINDINGS OF FACT Every decision of the Board of Adjustment to affirm or reverse an action of the commission shall be based upon findings and conclusions adopted by the Board of Adjustment. Such findings must be reasonably specific so as to provide the community and, where appropriate, reviewing authorities, a clear and precise understanding of the reason for the decision. Preparation of the written decision will be based on your discussion and adoption of findings of fact. Please be clear so that staff will have clear basis on what to include in the written decision. MOTION OPTIONS INCLUDE: • Move to adopt findings of fact as follows: (The Board of Adjustment may make its own findings of fact and must be in the record and decision must be supported by these findings.) • If the Board of Adjustment wishes to adopt the same findings of fact as the Commission's: Move to adopt the findings of fact as follows (See attached on • If you wish to postpone the adoption of the findings of fact: Move to postpone the findings of fact of the Board of Adjustment to (state date). ROLL CALL VOTE ON MOTION. CHAIR OF THE BOARD, please announce that a WRITTEN DECISION WILL FOLLOW. The date on the written decision is used for further appeal. KIBC Section 17.225.100 Judicial review states: Any person aggrieved by a final decision of the board of adjustment under this chapter may appeal the decision to the superior court within 30 days of the decision. An appeal to superior court shall be heard solely on the record before the board of adjustment or its hearing examiner and the commission. The appeal procedure shall be governed by the rules set forth in Part Six of the Rules of Appellate Procedure of the state of Alaska. The findings of the board of adjustment shall not be reversed if, in light of the whole record, they are supported by substantial evidence. According to Appellate Rule 602(a)(2) Appeals from Administrative Agencies prescribes: "An appeal may be taken to the superior court from an administrative agency within 30 days from the date that the decision appealed from is mailed or otherwise distributed to the appellant". That rule goes on to provide: "The 30 -day period for taking an appeal does not begin to run until the agency has issued a decision that clearly states that it is a final decision and that the claimant has thirty days to appeal'. CHAIR OF THE BOARD, please announce: the Board of Adjustment hearing is now adjourned. We will now reconvene the regular meeting. STAFF NOTES ON BOA: • Decision can be postponed and Findings of fact and conclusion can be postponed • BOA can hold as many hearings/meetings as it needs depending on the complexity of the issue • Meetings do not need to be advertised (OMA does not apply) • Parliamentary procedures are helpful but are not required to be followed • CDD should not be included in executive session as they are a party to the appeal • Manager may or should be excluded in executive session depending on his amount of involvement/discussion with CDD staff • They can be done by email and are not subject to OMA • Findings should NOT be drafted by CDD because they are a party to the appeal The Commission adopted the following findings of fact in support of their decision: FINDINGS OF FACT 1. To eliminate coverage gaps, a telecommunications tower must be located within the radio frequency search ring. 2. The strict application of the 8 -Business zoning fifty (50) foot building height limit would prohibit AWN's ability to eliminate a service gap. 3. Failure of the tower could adversely impact public health, safety, and welfare due to the small lot sizes and proximity of the lease area to nearby parcels, and could result in material damage or prejudice to other properties, as the fall radius extends across two adjacent lots. 4. This variance is in conflict with natural hazards goals, policies, and/or implementation actions in the 2008 Comprehensive Plan. 5. The special conditions from which relief is being sought are a matter of technological and geographic constraints. The applicant's request to construct a tower that exceeds the building height limit is an effort to overcome these conditions. (#5) 6. 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Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough At Its Regular Meeting Of October 6, 2016, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, October 20, 2016, At 6:30 P.M. In The Borough Assembly Chambers. ADOPTED Ordinance No. FY2017-17 Placing A Temporary Moratorium On The Enforcement Of Those Sections Of Title 17 (Zoning) Of The Borough Code That Prohibit The Keeping Of Chickens And Other Animals Useful To People In The Rr-Rural Residential, R1-Single-Family Residential, R2-Two-Family Residential, And R3-Multi-Family Residential Zoning Districts, And Initiating A Planning And Zoning Commission Review Of Title 17 (Zoning) Of The Borough Code To Consider Amendments That Will Allow Such Uses In Those Districts, And Directing Staff To Perform A Concurrent Review Of Chapter 6.04 (Animal Control) Of The Borough Code To Recommend Amendments That More Specifically Address The Control Of Chickens And Other Animals Useful To People. APPROVED Contract No. FY2016-45A Amending Contract No. FY2016-45 Twin Creeks Fire Salvage Timber Sale Contract, Between A-1 Timber Consultants, Inc. And The Kodiak Island Borough, To Provide An Exception To Section 11 Timber Operations, Subsection "C", Slash Operations. ADOPTED Resolution No. FY2017-02A Amending Resolution No. FY2017-02 Reestablishing The Fees For The Kodiak Island Borough. ADOPTED Resolution No. FY2017-11 Authorizing An Amendment To The Borough’s Participation Agreement With The Public Employees’ Retirement System (PERS) Of Alaska To Exclude Seasonal Employees From Participation. POSTPONED Resolution No. FY2017-13 Adopting A Capital Improvement Projects Priority List For The 2016-2017 State Legislative Session To The Next Regular Meeting Of The Assembly. AD VANCED Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, Larsen Bay Subdivision From R1-Single-family Residential District To B-Business District (P&Z Case No. 16-038) To Public Hearing At The Next Regular Meeting Of The Assembly. AD VANCED Ordinance No. FY2017-19 Amending The 2008 Comprehensive Plan By Changing The Future Land Use Designation Of Lot 4, Block 3, Port Lions Subdivision From Public Land To Residential (P&Z Case No. 16-039) To Public Hearing At The Next Regular Meeting Of The Assembly. AD VANCED Ordinance No. FY2017-20 Rezoning Lot 4, Block 3, Port Lions Subdivision From PL-Public Use Lands District To R2-Two-Family Residential District (P&Z Case No. 16-040) To Public Hearing At The Next Regular Meeting Of The Assembly. Vol. FY2017, No. 10 October 7, 2016 Kodiak Island Borough Assembly Newsletter View our website at www.kodiakak.us. Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough REVERSED IN WHOLE Board of Adjustment Appeal - Case No. 16-010. Request a Variance to construct a 67’ tall telecommunications tower that exceeds the B-Business zoning 50’ building height limit by 17’ on Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 and 17.90.040) (Appellant Mark Moderow, Senior Counsel Representing Alaska Wireless Network). ADOPTED Findings Of Fact For The Board Of Adjustment Appeal As Follows: 1. To eliminate coverage gaps, a telecommunications tower must be located within the radio frequency search ring. 2. The strict application of the B-Business zoning fifty (50) foot building height limit would prohibit AWN’s ability to eliminate a service gap. 3. Construction of a tower on the subject property will enhance public health, safety, and welfar e by improving cellular communications in the immediate vicinity. 4. Construction of a 67’ tall tower would be consistent with permitted uses and infrastructure within the B-Business zone and thus would not result in material damage or prejudice to other properties in the vicinity. 5. This variance is consistent with various land use and economic goals in the 2008 Comprehensive Plan. 6. The special conditions from which relief is being sought are a matter of technological and geographic constraints. The applicant’s request to construct a tower that exceeds the building height limit is an effort to overcome these conditions and provide better cellular service to the community of Kodiak. CONVENED Into Executive Session To Discuss Matters Involving Negotiations With The IBEW , a subject matter which qualifies for executive session per KIBC 2.30.030(F.1.d) matters involving negotiations with labor organizations representing borough employees. INVITED the Borough Mayor, Assembly, Manager, Finance Director, and Clerk’s Office Staff into executive session. No Action Was Taken As Result Of The Executive Session.