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2008-05-09 Special Meeting CALL TO ORDER The special meeting of the Planning and Zoning Commission was called to order at 7:40 p.m. by CHAIR KING on May 9, 2008 in the Larsen Bay School. ROLL CALL Commissioners Dave King-Chair Brent Watkins Casey Janz Bill Kersch Gary Juenger Jim Purdy Erin Harrington Present Excused Absent Others Present Bud Cassidy, Director Community Development Dept. Sheila Smith, Secretary Community Development Dept. Duane Dvorak, Assoc. Planner x X X X X X X A quorum was established. APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER PURDY, and it CARRIED by unanimous voice vote. APPROVAL OF MINUTES There were no minutes. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Tim Carlson inquired about the 10 acre parcels of the native allotments, stating they were told the zoning was Conservation and couldn't be rezoned to Business, but now after a lot of their land has been sold it is now zoned Business from Conservation. Change of ownership is leading to more lodges. Simeon Squortsoff stated lodges are going up quick, and how are the future kids going to make it when everything is zoned out. He also has a problem with a lodge next to the school. Randy Blondin stated we need to figure out how to zone the set net operations. He also claims there is adequate vacant housing. Patty Livingston would like the whole town to be zoned commercial. Roy Jones, VPSO, stated residential land isn't really residential because it is being squeezed out. He stated when land opens up for sale the locals are outbidded by out of state and out of town people. When land is sold it becomes Business zoned. There isn't enough housing and as a result people are forced to leave, which now the school may have to close due to there not being enough kids to keep it open. Is this Lodge Bay or Larsen Bay? There should be designated future land for local business. Growth in Larsen Bay has stopped and we need to fix it so it can grow. We need Rl so when it sells it won't be a lodge. May 9, 2008 P & Z Commission Special Meeting Minutes Page 1 of9 Jay Wattam stated there are about 6 operating lodges in the summer from about May 1 through October. Simeon Squortsoff stated if commercial is zoned in to certain areas then there's a monopoly on the land. Corporations or lodging people can afford it but not the locals. There is no room for expansion because we are down to the bare minimum. Patty Livingston stated it should be zoned Business so if someone wants to open a coffee shop because the locals make little money. Randy Blondin stated there are many vacant homes. Some people will be in commercial zoning and some will not. It is not fair to zone these commercial but tell the locals they can't open a business. Sam Kenoyer stated there aren't enough homes to live in. The houses owned by summer people shut down in the winter. Larsen Bay needs a new water treatment plant and the hydro plant needs repairs. There are "Boil Water" notices sent out regularly. There is no room for building until the infrastructure is updated. The electrical system is maxed out when the cannery is in operation. We don't need more lodges, we need more businesses. Jennifer Moe asked if once property is rezoned can it be rezoned again later. Troy Wise stated there were 2 land sales last year so the opportunity is here. Patty Livingston stated this is the native village of Larsen Bay. It is becoming more non-native than native, and our resources are being taken away. Selena Churchill asked ifthere are laws that limit the amount oflodges per community. Rome Carlson expressed concern about guns being handled around the school zone. Recessed at 8:40 p.m. Re-convened at 9:00 p.m. PUBLIC HEARINGS A) Case 03-011. Request a rezone, in accordance with KlBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 - 3, Block 2, Lots 1, lA, and 2 - 4, and Block 3, Lots 1 and 2 from Rl-Single Family Residential to B-Business. Dvorak gave a brief staff report and stated staffs recommendation is to postpone allowing for more information to be gathered due to these cases being complex. COMMISSIONER JANZ MOVED TO POSTPONE action on Case 03-011 until late September 2008 regular meeting of the KIB Planning and Zoning Commission and schedule the case for another public hearing at that time. COMMISSIONER HARRINGTON SECONDED the motion. COMMISSIONER JANZ MOVED TO AMEND the main motion to say special meeting. It was SECONDED by COMMISSIONER HARRINGTON. Regular session closed: Public hearing open: Selena Churchill asked if any new building is supposed to have a permit from the borough, and if the borough will notify everyone when they apply for the permit. May 9, 2008 P & Z Commission Special Meeting Minutes Page 2 of9 Duane Dvorak stated they would need a Zoning Compliance if it meets all requirements or it fits zoning criteria, and there will be notification only if it goes to the Planning and Zoning Commission. Len Stanton, Vice Mayor stated the City has a code that there is to be no building without permission. Once permission is obtained from the City of Larsen Bay then you go to the borough to get permits. We have policies and restrictions that we are starting to enforce because we want to know what is going on in our community. Tim Carlson stated he doesn't see all ofthe letters that he sent in, the archeologist's letter and the Uyak cemetery site letter that covers 80 acres, and encompass Lots 1, lA, 2, and 3. He read those letters and another one that states the environment can't handle the raw sewage. Simeon Squortsoff stated those are burial sites that the archeologist's letter talks about. Public hearing closed: Regular session open: COMMISSIONER JANZ asked about the amount of clientele the Uyak Lodge has. Jay Wattam stated there are 15 to 20 clients and 5 employees from late May to December. Dvorak stated the City no longer wishes to rezone so they will have to submit a withdrawal. Discussion of septic systems and DEC in commercial zoning. It was the consensus to have another meeting in Larsen Bay the end of September. The question was called on the amended motion, and it CARRIED 7-0. The question was called on the main motion, and it CARRIED 7-0. B) Case 03-012. Request a rezone, in accordance with KIBC 17.72.030 (Manner ofInitiation), of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3,4, and 5 from Rl-Single Family Residential to B-Business. Dvorak gave a brief staff report and stated staff s recommendation is to postpone allowing for more information to be gathered due to these cases being complex. COMMISSIONER JANZ MOVED TO FORWARD a request to rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4, and 5 from RI-Single Family Residential to B-Business. The location is 205 and 206 D Street, 208 E Street and 406 Third Street, Larsen Bay, and to defer the findings of fact to the June 18, 2008 regular meeting of the KIB Planning and Zoning Commission. COMMISSIONER WATKINS SECONDED the motion. Regular session closed: Public hearing opened: Len Stanton, Vice Mayor asked if a B&B can have up to 6 people in a home. COMMISSIONER HARRINGTON read the B&B, Guest Room, and Lodge code to the public. Marlene Kenoyer stated she had written a letter to the borough in 2003 regarding lodges that shouldn't be in residential because of the drinking. Jennifer Moe stated she had submitted a petition opposing the lodge in residential because of the guns with kids so close. May 9, 2008 P & Z Commission Special Meeting Minutes Page 3 of9 Sam Kenoyer stated he lives behind the lodge and on several occasions he's had to call the VPSO because of the drinking and partying. He said he doesn't like sending the kids to school because of it. Robert Hochmuth stated he is opposed to kids going to school because of people walking around with guns and drinking consistently. Patty Livingston stated there was a gun shot through the ceiling of the lodge. She is opposed to this lodge because the drinking and partying is out of hand, and the VPSO has had to be called. Selena Churchill stated this needs to be resolved before hunting season. Can it be moved up on the agenda? Sam Kenoyer stated that minors are drinking also, and there is a large fish and game processing done there. Bill Nelson, Mayor stated the City of Larsen Bay can do an ordinance to keep guns away from the school. Dvorak stated maybe this should be moved on because it deals with public safety. Jennifer Moe stated the Blondin's will say they're grandfathered because it was there so long. Dvorak stated we don't grant grandfathership, we recognize it when it exists. Simeon Squortsoff stated this needs to be addressed by June so it can be taken care of before school starts. COMMISSIONER HARRINGTON told the public they have the tools; a Larsen Bay Ordinance or Zoning Complaint forms. Patty Livingston stated that Randy Blondin was here and he chose to leave. Public hearing closed: Regular session opened: COMMISSIONER HARRINGTON stated there's a lot of reference to firearms and certain behaviors. Is it just residential core area? Are you generally opposed or is it the applicant. Patty Livingston said there's also the Maschmedt's next door to her and there's no problem. She is opposed because it's next to the school and there are strangers with guns. COMMISSIONER JANZ stated schools and lodges are not compatible. There can't be guns at school. She reminded them they have tools to fix this. Dvorak stated the borough can't enforce complaints while there are pending rezones. CHAIR KING recessed the meeting at 10:30 p.m. for a short break. CHAIR KING called the meeting back to order at 10:45. A brief discussion. COMMISSIONER WATKINS MOVED to extend the meeting until midnight and review a morning extension at that time. COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous voice vote. The question was called on the motion, and it FAILED 7-0. May 9, 2008 P & Z Commission Special Meeting Minutes Page 4 of9 C) Case 03-016. Request a rezone, in accordance with KIBC 17.72.030 (Manner ofInitiation), of Larsen Bay, Tract A, Block 19, Lot 4 from RI-Single Family Residential to B-Business. Dvorak gave a brief staff report and stated staffs recommendation is to postpone allowing for more information to be gathered due to these cases being complex. He also stated that if the commissioners are going to move to postpone then it would be appropriate to take public testimony first before making a motion. Regular session closed: Public hearing open: Patty Livingston said Peterson doesn't do the hunting, but if he sells there are concerns being communicated. Sam Kenoyer is in agreement with Livingston and stated Peterson is in a residential area. What will happen when he sells? Selena Churchill asked if it is left single family residential can he continue to use it as a B&B. Dvorak stated yes, but the cabin that staff is in constitutes a single family so the detached building is in violation. COMMISSIONER HARRINGTON asked Dvorak if that puts it into a lodge with the fishing. Dvorak stated guiding can be a home occupation using no more than 25% of the square footage. Sam Kenoyer said the cabin doesn't have a kitchen but it does have a couple of bunks. Dvorak stated if someone lives in it, it is a zoning violation. Jay Wattum stated if he has 4 lots he could have 5 bedrooms in each so he could have 20 bedrooms. Public hearing closed: Regular session opened: The commission had a discussion regarding gathering info from the Comp Plan input from the consultants with reflection on land use. Does it fit the community? Simeon Squortsoff stated the city can't take any action until the zoning is fixed. Roy Jones, VPSO stated he sees in the future more growth and a city deep sea dock. COMMISSIONER HARRINGTON MOVED TO POSTPONE action on Case 03-016 until the June 18, 2008 regular meeting of the KlB Planning and Zoning Commission and schedule the case for another public hearing at that time. COMMISSIONER JANZ SECONDED the motion. COMMISSIONER HARRINGTON MOVED TO AMEND the motion to say until the special meeting of the KIB Planning and Zoning Commission in late September. COMMISSIONER JANZ SECONDED the motion. The question was called on the amended motion, and it CARRIED 7-0. The question was called on the main motion, and it CARRIED 7-0. COMMISSIONER WATKINS MOVED TO RECESS and reconvene at 9:00 a.m. COMMISSIONER HARRINGTON SECONDED the motion, and it CARRIED by unanimous voice vote. CHAIR KING reconvened the meeting at 9:05 a.m. May 9, 2008 P & Z Commission Special Meeting Minutes Page 5 of9 D) Case 03-018. Request a rezone, in accordance with KIBC 17.72.030 (Manner ofInitiation), of Larsen Bay, Tract A, Block 16, Lot 10 from RI-Single Family Residential to B-Business. Dvorak gave a brief staff report stating staff is recommending postponement like the other cases to allow them to gather information. Regular session closed: Public hearing open: Mary Nelson stated there are 2 lodges by her residence, and there are lodges at both ends. She doesn't want to see it zoned Business. Patty Livingston said as long as it's on the opposite side of town and guns aren't around the school. There has to be gun safety. Sam Kenoyer said the issue isn't guns. The issue is you don't want to have a home where business interrupts your life. Bill Nelson, Mayor said there is a gun ordinance. Tim Carlson said the gun ordinance can't be enforced because it's a tribal ordinance, not a city ordinance. Bill Nelson, Mayor stated there isn't a shortage of water but the water treatment facility needs to be updated. Right now the water is treated with only chlorine without any filters. Dvorak stated Rl is the most restrictive zone, and set net is Commercial. Mary Nelson stated he has leased out the set net site the last 5 years. Patty Livingston stated Mr Pitif85n circumstances aren't allowing him to be in Larsen Bay right now. V'1 f( . Ha "1- (+c.;vl~,?J COMMISSIONER JANZ said ifit's not being used as a lodge then it could stay residential. Mary Nelson said he has 2 rooms to rent out. Dvorak stated fishing gear isn't allowed in Rl. To be grandfathered construction of buildings had to be built by June 5, 1980 and have prior documentation. He also told the commission they can make an alternate motion if that is their wish. Public hearing closed: Regular session opened: Discussion ofRI-Single Family Residential zoning. COMMISSIONER HARRINGTON MOVED TO POSTPONE action on Case 03-018 until a special meeting of the KIB Planning and Zoning Commission in late September and schedule the meeting at a later time. COMMISSIONER JANZ SECONDED the motion. The question was called on the motion, and it CARRIED 6-0. COMMISSIONER WATKINS abstained from voting. E) Case 08-021. Request a rezone, in accordance with KIBC 17.72.030.C, (Manner of Initiation) for Larsen Bay, Tract A, Block 3, Lot 3 from RI-Single Family Residential to B- Business. Dvorak gave a brief staff report stating staff is recommending postponement like the other cases to allow them to gather information. May 9,2008 P & Z Commission Special Meeting Minutes Page 6 of9 COMMISSIONER JANZ MOVED TO POSTPONE action on Case 08-021 until the September 2008 special meeting of the KIB Planning and Zoning Commission. The motion was SECONDED by COMMISSIONER WATKINS. Regular session closed: Public hearing open: Patty Livingston stated she doesn't want guns around her house or school. Mary Nelson stated where there's a lodge, there are guns. Sam Kenoyer stated the lodge follows the criteria described in the Comp Plan. Public hearing closed: Regular session opened: Discussion regarding reasoning behind commercial designation close to the harbor and other zoning designations. Patty Livingston reiterated she doesn't want more lodges. The question was called on the motion, and it CARRIED 7-0. F) Case 08-022. Request a rezone, in accordance with KIBC 17.72.030.C, (Manner of Initiation) for Larsen Bay, Tract A, Block 3, Lot 3 from RI-Single Family Residential to B- Business. Dvorak gave a brief staff report stating staff is recommending postponement like the other cases. He also said according to Assessing Department it's on Lot 2 but it could be lot 4 so we just need to investigate more. COMMISSIONER WATKINS MOVED TO FORWARD a request to rezone in accordance with KIBC 17.72/030, (Manner ofInitiation ) of Larsen Bay, Tract A, Block 3, Lot 3 from Rl- Single Family Residential to B-Business and defer Findings of Fact to June 18, 2008 regular meeting of the KIB Planning and Zoning Commission. The motion was SECONDED by COMMISSIONER PURDY. Regular session closed: Public hearing open: Sam Kenoyer stated he's been operating for years, and there's no difference from the other cases. It's been for sale for a couple of years and being advertised as a lodge. Mary Nelson stated it's the same situation with the guns. Tim Carlson stated that block has septic tank issues, and there was a close call for kids being hit by a car because of the congestion there. Patty Livingston stated she lives on the corner and has kids and grandkids at her house. She is opposed to Business and requests to keep it residential because of the craziness, drinking and driving. Selena Churchill asked how this property fell in the Comp Plan. CHAIR KING stated Residential. Patty Livingston stated there was a man to man agreement between Maschmedt and Mike Carlson that this house wouldn't be turned into a lodge. May 9, 2008 P & Z Commission Special Meeting Minutes Page 7 of9 Tim Carlson stated the actual lodge is on Lot 4 and they process a lot fish on lot 3. Roy Jones, VPSO stated he has seen the problems with the accidents and vehicle/pedestrian conflicts in this area. Rome Carlson stated kids live close to the lodge. There are blind spots with speeding cars. He is opposed to Business zoning. Dvorak stated Lot 4 can't be included in the motion because it wasn't on the application. If the motion is denied they can re-apply. John Katelnikofrequested the definition of Business zoning. Dvorak explained that Business is a zone. Commercial is a group of uses, sort of 5 different flavors of Commercial with Business being one of them. John Katelnikof asked if you can have 2 zones on 1 lot. Dvorak stated that is split zoning. Public hearing closed: Regular session opened: Sam Kenoyer stated it wasn't built as a lodge and the submitted Maschmedt comments are not true. A brief discussion on whether to move forward to postpone. Cassidy stated we are wrapping up the end of the fiscal year, and July would be the soonest we can get it on the agenda. The question was called, and it FAILED 7-0. Discussion on recourse, non-compliance and the actions on non-compliance. OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. COMMUNICATIONS There were no communications. REPORTS Cassidy gave a brief meeting outline. Meeting schedule: · May 21,2008 regular meeting at 7:30 p.m. in the Assembly Chambers · June 11,2008 work session at 7:30 p.m. in the KIB Conference Room · June 18, 2008 regular meeting at 7:30 p.m. in the Assembly Chambers COMMISSIONER WATKINS MOVED TO ACCEPT the reports as submitted. COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS May 9, 2008 P & Z Commission Special Meeting Minutes Page 8 of9 Jack Wick stated 25 years ago the water distribution was set up for residential, and they have had to purchase more and bigger transformers with the increased demand from the lodges. Larsen Bay is also losing its population faster than any other village. The general public of Larsen Bay thanked the Planning and Zoning Commission for taking the time to come to Larsen Bay. Tim Carlson reiterated that 25 years ago the utilities were set up for residential. The lodges are expanding and the distribution lines have expanded problems with the water situation. COMMSSIONER COMMENTS COMMISSIONER JUENGER thanked Larsen Bay. COMMISSIONER KERSCH thanked Larsen Bay for attending the meeting and for lodging all of us at the school. COMMISSIONER JANZ thanked Larsen Bay for coming. COMMISSIONER HARRINGTON thanked Larsen Bay for spending time with us, it was a valuable process. Sheila Smith thanked Larsen Bay for having us. COMMISSIONER WATKINS thanked Larsen Bay for having us. COMMISSIONER PURDY thanked Larsen Bay for having us. Bud also thanked Larsen Bay for having us. ADJOURNMENT CHAIR KING ADJOURNED the special meeting at 11 :45 a.m. May 10, 2008. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION BY~~ e, ~:?- Dave King ATTEST By: \~e-AQ1'.).. <....~~ Sheila Smith, Secretary Community Development Department DATE APPROVED: June 18, 2008 May 9, 2008 P & Z Commission Special Meeting Minutes Page 9 of9