2008-09-20 Special MeetingKodiak Island Borough
Planning & Zoning Commission
Special Meeting Minutes
2008 Special Meeting in Larsen
CALL TO ORDER
VICE CHAIR WATKINS calls to order the September 20, 2008 special meeting of the Planning
and Zoning Commission at 12:12 p.m.
ROLL CALL
Commissioner Present Absent Ezcused Others Present
hh. Kin X Bud Cassid
Mr. Watkins X Communi Develo ment
Ms. Janz X Duane Dvorak
Mr. Kersch X Communi Develo ment
Mr. Juen er X Sheila Smith
~. pmd X Communi Develo ment
Ms. Harrin on X
COMMISSIONER JANZ MOVED to excuse COMMISSIONERS KING, PURDY, and
HARRINGTON. The motion was SECONDED by COMMISSIONER KERSCH and it
CARRIED by unanimous voice vote.
APPROVAL OF AGENDA
COMMISSIONER JANZ MOVED to approve the agenda of the Larsen Bay Special Meeting of
September 20, 2008. The motion was SECONDED by COMMISSIONER KERSCH and
CARRIED by unanimous voice vote.
APPROVAL OF MINUTES
There were no minutes
AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were no audience comments and appearance requests.
PUBLIC HEARINGS
A. Case 03-011. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation),
of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 - 3, Block 2, Lots 2 - 4, and Block 3, Lots 1
and 2 from Rl-Single Family Residential to B-Business. The applicants are Michael & Lisa
Carlson, Tammy Helms, & Uyak Bay Lodge LLC. The location is the East end of Larsen Bay
Townsite Subdivision, and the zoning is Rl-Single Family Residential.
Dvorak gave a staff report.
COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly
approve the rezoning of Larsen Bay Subdivision, Tract A; Block 1, Lots 1, 2 and 3; from Rl-
Single-family Residential to B-Business, subject to an effective clause, and to adopt the
Kodiak Island Borough P&Z Guidelines
September 20, 2008 Page 1 of 10
"Findings of Fact" in the staff report dated September 10, 2008 in support of this
recommendation. The motion was SECONDED by COMMISSIONER JUENGER.
Close regular meeting:
Open public hearing:
Randy Blondin spoke in opposition to lodges being rezoned to Business zoning.
Patty Carlson asked if the commission had already approved the rezone to Commercial.
VICE CHAIR WATKINS stated nothing has been approved yet but we will be voting on it at
this meeting.
Close public hearing:
Open regular meeting:
Commission discussion
The question was called and it FAILED 4-0.
COMMISSIONER JUENGER MOVED to recommend that the Kodiak Island Borough
Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 1, Lots 1 and 3, from
Rl-Single-family Residential to B-Business, subject to an effective clause, and to adopt the
"Findings of Fact" in the staff report dated September 10, 2008 in support of this
recommendation. The motion was SECONDED by COMMISSIONER JANZ.
Commission discussion
EFFECTIVE CLAUSE
1. Prior to the rezone becoming effective, the petitioners will obtain zoning compliance fro all
structures and uses located on the developed lots located within the approved rezone area.
Should the zoning compliance requirement not be met within 24 months of Assembly approval,
this approval shall become null and void.
FINDINGS OF FACT (Applicable to all requests; 1, 2 and 3)
Section 17.72.020 states that the Commission shall incorporate the following criteria into their
report to the Assembly:
17.72.020 A. Findings as to the Need and Justification for a Change or Amendment.
The purpose of the rezone. is intended to create commercial zoning districts to accommodate
existing lodge uses and structures located along the eastern edge of the Larsen Bay Subdivision.
The petitioners have indicated that the rezone is needed as the only feasible way for them to
move into zoning compliance status. This request has been held in abeyance for five or more
years awaiting an update to the KIB Regional Comprehensive Plan and it is now time to make
these long awaited decisions in order to restore and maintain the balance between residential and
commercial uses in the Larsen Bay community.
Because the community leadership capacity has diminished in recent years due to the turnover of
leadership and administrative staff, the recommendations in this case are limited to those lots
where existing lodge use and structures are established in order to maintain the status quo level
of both commercial benefits to the community and related community impacts associated with
lodge uses. The current RUBA report and associated utility rate study, in conjunction with the
most recent resolution adopted by the Larsen Bay City Council indicate a need for change to
occur in the community leadership and administration in order to re-establish continuity of
Kodiak Island Borough P&Z Guidelines
September 20, 2008 Page 2 of 10
government operations and restore community sustainability before more commercial
development potential is considered for the Larsen Bay Community.
17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of
the Comprehensive Plan.
The Kodiak Island Borough has not established aMixed-Use zone in order to fulfill the literal
intent of the plan designation. As a result, the Mixed-Use designation will need to be fulfilled on
a case-by-case, lot-by-lot, zone-by-zone basis, in conformity with a generalized view of the
comprehensive plan designations as previously discussed in the staff report.
While the recommended zone changes are not entirely consistent with the explicit plan map
designations in the 2008 KIB Regional Comprehensive Plan Update, the recommendations do
take into account existing development patterns, community comments, plan recommendations
(generally) and the sustainability of the community infrastructure and social fabric of the
community.
The question was called and it CARRIED 4-0.
Dvorak clarified this is the Uyak Bay Lodge LLC and is comprised of 4 separate parcels.
COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly
approve the rezoning of Larsen Bay Subdivision, Tract A; Block 2, Lots 2 and 3, and Block 3,
Lots 1 and 2, from Rl-Single-family Residential to B-Business, subject to an effective clause,
and to adopt the "Findings of Fact" in the staff report dated September 10, 2008 in support of
this recommendation. The motion was SECONDED by COMMISSIONER KERSCH.
Close regular meeting:
Open public hearing:
Tim Carlson stated he would support Lot 1 being Commercial and Lot 2 leave Residential.
Joel Wattum, Uyak Bay Lodge, spoke in support of just the. one lot with the structure to be
rezoned.
Teresa Carlson asked the commission to speak louder because she can't hear a lot of what is
being said. Carlson is not in support to a1141ots being rezoned.
Close public hearing:
Open regular meeting:
Commission discussion.
The question was called and it FAILED 4-0.
COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly
approve the rezoning of Larsen Bay Subdivision, Tract A; Block 3, Lot 1-from Rl-Single-family
Residential to B-Business, subject to an effective clause, and to adopt the "Findings of Fact" in
the staff report dated September 10, 2008 in support of this recommendation. The motion was
SECONDED by COMMISSIONER JUENGER.
EFFECTIVE CLAUSE
1. Prior to the rezone becoming effective, the petitioners will obtain zoning compliance for all
structures and uses located on the developed lots located within the approved rezone area.
Should the zoning compliance requirement not be met within 24 months of Assembly approval,
this approval shall become null and void.
Kodiak Island Borough P&Z Guidelines
September 20, 2008 Page 3 of 10
FINDINGS OF FACT (Applicable to all requests; 1, 2 and 3)
Section 17.72.020 states that the Commission shall incorporate the following criteria into their
report to the Assembly:
17.72.020 A. Findings as to the Need and Justification for a Change or Amendment.
The purpose of the rezone is intended to create commercial zoning districts to accommodate
existing lodge uses and structures located along the eastern edge of the Lazsen Bay Subdivision.
The petitioners have indicated that the rezone is needed as the only feasible way for them to
move into zoning compliance status. This request has been held in abeyance for five or more
years awaiting an update to the KIB Regional Comprehensive Plan and it is now time to make
these long awaited decisions in order to restore and maintain the balance between residential and
commercial uses in the Lazsen Bay community.
Because the community leadership capacity has diminished in recent yeazs due to the turnover of
leadership and administrative staff, the recommendations in this case aze limited to those lots
where existing lodge use and structures are established in order to maintain the status quo level
of both commercial benefits to the community and related community impacts associated with
lodge uses. The current RUBA report and associated utility rate study, in conjunction with the
most recent resolution adopted by the Lazsen Bay City Council indicate a need for change to
occur in the community leadership and administration in order to re-establish continuity of
government operations and restore community sustainability before more commercial
development potential is considered for the Lazsen Bay Community.
17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of
the Comprehensive Plan.
The Kodiak Island Borough has not established aMixed-Use zone in order to fulfill the literal
intent of the plan designation. As a result, the Mixed-Use designation will need to be fulfilled on
a case-by-case, lot-by-lot, zone-by-zone basis, in conformity with a generalized view of the
comprehensive plan designations as previously discussed in the staff report.
While the recommended zone changes are not entirely consistent with the explicit plan map
designations in the 2008 KIB Regional Comprehensive Plan Update, the recommendations do
take into account existing development patterns, community comments, plan recommendations
(generally) and the sustainability of the community infrastructure and social fabric of the
community.
The question was called and it CARRIED 4-0
Tim Carlson stated he thought the commission said at the last meeting that the commission
wasn't going to make any decisions until the property lines were squared away.
Dvorak stated that may have been stated at the last meeting but the staff recommendation at this
meeting is to forwazd this recommendation for the one lot with the effective clause that states the
petitioner will obtain zoning compliance within 24 months or the rezone shall become null and
void. They have to meet all requirements.
COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly
approve the rezoning of Larsen Bay Subdivision, Tract A; Block 2, Lot 4 from R1-Single-family
Residential to B-Business, and to adopt the "Findings of Fact" in the staff report dated
September 10, 2008 in support of this recommendation. COMMISSIONER JUENGER
SECONDED the motion.
Kodiak Island Borough P&Z Guidelines
September 20, 2008 Page 4 of 10
Close regular meeting:
Open public hearing:
Close public hearing:
Open regular meeting:
Commission discussion
FINDINGS OF FACT
Section 17.72.020 states that the Commission shall incorporate the following criteria into their
report to the Assembly:
17 72 020 A FindinQS as to the Need and Justification for a Change or Amendment.
The purpose of the rezone is intended to create commercial zoning districts to accommodate
existing lodge uses and structures located along the eastern edge of the Larsen Bay Subdivision.
The petitioners have indicated that the rezone is needed as the only feasible way for them to
move into zoning compliance status. This request has been held in abeyance for five or more
years awaiting an update to the KIB Regional Comprehensive Plan and it is now time to make
these long awaited decisions in order to restore and maintain the balance between residential and
commercial uses in the Larsen Bay community.
Because the community leadership capacity has diminished in recent years due to the turnover of
leadership and administrative staff, the recommendations in this case are limited to those lots
where existing lodge use and structures are established in order to maintain the status quo level
of both commercial benefits to the community and related community impacts associated with
lodge uses. The current RUBA report and associated utility rate study, in conjunction with the
most recent resolution adopted by the Larsen Bay City Council indicate a need for change to
occur in the community leadership and administration in order to re-establish continuity of
government operations and restore community sustainability before more commercial
development potential is considered for the Larsen Bay Community.
17 72 020 B Findings as to the Effect a Change or Amendment would have on the Obiectives of
the Comprehensive Plan.
The Kodiak Island Borough has not established aMixed-Use zone in order to fulfill the literal
intent of the plan designation. As a result, the Mixed-Use designation will need to be fulfilled on
a case-by-case, lot-by-lot, zone-by-zone basis, in conformity with a generalized view of the
comprehensive plan designations as previously discussed in the staff report.
While the recommended zone changes are not entirely consistent with the explicit plan map
designations in the 2008 KIB Regional Comprehensive Plan Update, the recommendations do
take into account existing development patterns, community comments, plan recommendations
(generally) and the sustainability of the community infrastructure and social fabric of the
community.
The question was called and it FAILED 4-0.
B. Case 03-016. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation),
of Larsen Bay, Tract A, Block 19, Lot 4 from R1-Single Family Residential to B-Business. The
applicant is Jon Peterson. The location is 1207 First Street, Larsen Bay, and the zoning is Rl-
Single Family Residential.
Dvorak gave a staff report.
Kodiak Island Borough P&Z Guidelines
September 20, 2008 Page 5 of 10
COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly
approve the rezoning of Larsen Bay Subdivision, Tract A; Block 19, Lots 4; from Rl-Single-
family Residential to B-Business. The motion was SECONDED by COMMISSIONER
JUENGER.
Close regular meeting:
Open public hearing:
Bob Maschmedt spoke in support of this request.
Teresa Carlson spoke in opposition of this request.
Patty Livingston spoke in opposition of this request on the behalf of the Alpialc's, which lives
next door.
Close public hearing:
Open regular meeting:
Commission discussion.
The question was called and it FAILED 4-0.
COMMISSIONER JANZ MOVED to adopt the "Findings of Fact" in the staff report dated
September 10, 2008 in support of this recommendation. The motion was SECONDED by
COMMISSIONER JUENGER.
FINDINGS OF FACT
Section 17.72.020 states that the Commission shall incorporate the following criteria into their
report to the Assembly:
17.72.020 A. Findings as to the Need and Justification for a Change or Amendment.
The purpose of the rezone request is intended to create commercial zoning districts to
accommodate existing lodge uses and structures located near the western of the Larsen Bay
Subdivision, near the small boat harbor. The petitioners have indicated that the rezone is needed
as the only feasible way for them to move into zoning compliance status. Staff analysis indicates
that the nature and scale of the current use appears to be more residential than commercial at this
point in time and that a rezone to B-Business -will create additional commercial development
potential that may require additional resources from the city's limited infrastructure system. Staff
analysis indicates that the scale of use on this property may be able to be made conforming in the
Rl zoning district by converting to a Bed & Breakfast use and by further joining together the
existing A-frame house and adjoining bunkhouse structures. This request has been held in
abeyance for five or more years awaiting an update to the KIB Regional Comprehensive Plan
and it is now time to make these long awaited decisions in order to restore and maintain the
balance between residential and commercial uses in the Larsen Bay community. Because the
community leadership capacity has diminished in recent years due to the turnover of leadership
and administrative staff, the recommendations in this case are limited to those lots where existing
lodge use and structures are established in order to maintain the status quo level of both
commercial benefits to the community and related community impacts associated with lodge
uses. The current RUBA Assessment Report and associated utility rate study, in conjunction with
the most recent resolution adopted by the Larsen Bay City Council indicate a need for change to
occur in the community leadership and administration in order to re-establish continuity of
government operations and restore community sustainability before more commercial
development potential is considered for the Larsen Bay Community.
Kodiak Island Borough P&Z Guidelines
September 20, 2008 Page 6 of 10
17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of
the Comprehensive Plan.
The recommendation to deny this request is one based upon conditions in the community that are
expected to change in community and while the recommendation at present is for denial, it must
be stated that the future land use designation for this area is to become Commercial at some point
in the future when the community is better able to support on a sustainable basis further
commercial development. A recommendation for denial of the requested rezone at this time does
not have an effect positively or negatively on the comprehensive plan goals and objectives,
except to say that now is not the time for such a change to occur.
The question was called and it CARRIED 4-0.
VICE CHAIR WATKINS called a 5 minute recess.
The meeting reconvened at 1:55.
C. Case 03-018. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation),
of Larsen Bay Subdivision, Tract A; Block 16, Lot 10, from R1 Single Family Residential to B-
Business. The applicant is James Hamilton. The location is 1210 First Street, Larsen Bay, and
the zoning is Rl-Single Family Residential.
Dvorak gave a staff report.
COMMISSIONER JANZ MOVED to postpone case 03-018 until the regular meeting on
October 15, 2008. The motion was SECONDED by COMMISSIONER JUENGER.
VICE. CHAIR WATKINS stated that it takes 4 voting members to decide any issues and
WATKINS won't vote because he is too close to the Hamilton family and he has been involved
with this property in the past.
Patty Livingston stated Mr. Hamilton spoke in support of this request.
Commission discussion.
The question was called and it FAILED 4-0.
COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly
approve the rezoning of Larsen Bay Subdivision, Tract A; Block 16, Lots 10; from Rl-Single
Family Residential to B-Business. The motion was SECONDED by COMMISSIONER
KERSCH.
Close regular meeting:
Open public hearing:
Teresa Carson spoke in opposition to this request.
Close public hearing:
Open regular meeting:
COMMISSIONER JANZ MOVED to wait until the regular meeting of October 15, 2008 to vote
upon Case 03-018 so that we will have a quorum of voting commissioners. The motion was
SECONDED.
The question was called and it CARRIED 4-0.
D. Case 08-021.. Request a rezone, in accordance with KIBC 17.72.030.C (Manner of
Initiation), for Larsen Bay Townsite, Tract A, Block 16, Lot 12 from R1-Single Family
Kodiak Island Borough P8~Z Guidelines
September 20, 2008 Page 7 of 10
Residential to B-Business. The applicant is Don Maschmedt/Kodiak Lodge. The location is 1304
First Street, Lazsen Bay and the zoning is Rl-Single Family Residential.
Dvorak-gave a staffreport
COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly
approve the rezoning of Lazsen Bay Subdivision, Tract A; Block 16, Lots 12; from Rl-Single-
family Residential to B-Business subject to an effective clause and to adopt the "Findings of
Fact" in the staff report dated September 10, 2008 in support of this recommendation. The
motion was SECONDED by COMMISSIONER KERSCH.
Close regulaz meeting:
Open public hearing:
Patty Livingston spoke in favor of this request.
Close public hearing:
Open regulaz meeting:
Commission discussion.
EFFECTIVE CLAUSE
1. Prior to the rezone becoming effective, the petitioners will obtain zoning compliance for all
structures and uses located on the developed lots located within the approved rezone azea.
Should the zoning compliance requirement not be met within 24 months of Assembly approval,
this approval shall become null and void.
FINDINGS OF FACT
Section 17.72.020 states that the Commission shall incorporate the following criteria into their
report to the Assembly:
17.72.020 A. Findings as to the Need and Justification for a Change or Amendment.
The .purpose of the rezone request is intended to create commercial zoning districts to
accommodate existing lodge uses and structures located neaz the western of the Larsen Bay
Subdivision, neaz the small boat harbor. The petitioners have indicated that the rezone is needed
as the only feasible way for them to move into zoning compliance status. Staff analysis indicates
that the nature and scale of the current use appeazs to be more commercial at this point in time
and that a rezone to B-Business will create not likely result in additional commercial
development that would require additional resources from the city's limited infrastructure
system. With the recent update to the KIB Regional Comprehensive Plan and it is now time to
start making zoning decisions in order to restore and maintain the balance between residential
and commercial uses in the Larsen Bay community.
Because the community leadership- capacity has diminished in recent yeazs due to the turnover of
leadership and administrative staff, the recommendations in this case aze limited to those lots
where existing lodge use and structures are established in order to maintain the status quo level
of both commercial benefits to the community and related community impacts associated with
lodge uses. The current RUBA Assessment Report and associated utility rate study, in
conjunction-with the most recent resolution adopted by the Larsen Bay City Council indicate a
need for change to occur in the community leadership and administration in order to re-establish
continuity of government operations and restore community sustainability before more
commercial development potential is considered for the Larsen Bay Community.
Kodiak Island Borough P&Z Guidelines
September 20, 2008 Page 8 of 10
The question was called and it CARRIED 4-0.
E. Case 509-006. Request a vacation, according to KIBC 16.60, of the "A" Street right-of--way
in Larsen Bay, located between Lots 2, 3 and 4, Block 2, and Lots 1 and 8, Block 3, all located
within Tract A, Townsite of Larsen Bay, U.S. Survey 4872 as depicted on Plat 69-3, Kodiak
Recording District. The applicant is Uyak Bay Lodge LLC and the agent is Joel Wattum,
Manager.. The location is Right-of--way located between Lots 2, 3 and 4, Block 2, and Lots. l and
8, Block 3, all located within Tract A, Townsite of Larsen Bay, U.S. Survey 4872 as depicted on
Plat 69-3, Kodiak Recording District. The zoning is Rl-Single-family Residential.
Dvorak gave a staff report.
COMMISSIONER JANZ MOVED to grant preliminary approval of a vacation, according to
KIBC 16.60, of the unconstructed "A" Street right-of--way in Larsen Bay, located between Lots
2, 3 and 4, Block 2, and Lots 1 and 8, Block 3, all located within Tract A, Townsite of Larsen
Bay, U.S. Survey 4872 as depicted on Plat 69-3, Kodiak Recording District. The motion was
SECONDED by COMMISSIONER JUENGER.
Close regular meeting:
Open public hearing:
Mayor Stanton stated this will be heard by the Larsen Bay City Council at the next Tuesday
meeting and hopefully they will have a decision made Tuesday.
Tim Carlson spoke in opposition to this request.
Sam Kenoyer spoke in opposition to this request.
Joel Wattum, Manager of Uyak Bay Lodge, stated he is willing to work with the City of Larsen
Bay to resolve the issues.
Teresa Carlson stated she gives the commission permission to go ahead and vote.
Patty Livingston asked if the power lines run up the road that is supposed to be there.
Joel Wattum stated the power lines turn left at the property line and follow the property line
between Lot 3 and Lot 8.
Close public hearing:
Open regular meeting:
Commission discussion.
COMMISSIONER JANZ MOVED TO POSTPONE Case S09-006 until the December regular
meeting of the Planning & Zoning Commission in order to allow the Larsen Bay City Council to
work with the applicant. The motion was SECONDED by COMMISSIONER KERSCH.
The question was called and it CARRIED 4-0.
OLD BUSINESS
There was no old business
NEW BUSINESS
There was no new business
COMMUNICATIONS
There was no communications
Kodiak Island Borough P&Z Guidelines
September 20, 2008 Page 9 of 10
REPORTS
A. Meeting Schedule:
• October 8, 2008 work session at 7:30pm in the KIB Conference Room.
• October 15, 2008 regular meeting at 7:30pm in the Assembly Chambers.
COMMISSIONER KERSCH MOVED to accept reports as presented. The motion was
SECONDED by COMMISSIONER JANZ and it CARRIED by unanimous voice vote.
AUDIENCE COMMENTS
COMMISSIONER'S COMMENTS
Dvorak stated he wants to make some comments from staff s perspective regarding the rezone
cases. Staff tried to be consistent in developing the recommendations that were put before the
commission today with the decisions that were made back in May, even those that were made at
an earlier stage where we didn't have much information. Staff took some of that direction and
sentiments
ADJOURNMENT
The special meeting was adjourned at 3:15 p.m.
KODIAK ISLAND BOROUGH
PL G AND ZONING CO SSION
Dave King, Chair
ATTEST
By: ~~iQ~9t~ ~~~nt~-
Sheila Smith, ecretary
Community Development Department
DATE APPROVED: November 19, 2008
Kodiak Island Borough P&Z Guidelines
September 20, 2008 Page 10 of 10