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LARSEN BAY TR A BK 3 LT 3 - Rezone0PA 0 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 996154340 049J82035543 $ 00410 03/20/2008 Mailed From 99615 US POSTAGE NIXIE 995 DC 1 00 03/26/00 RETURN TO SENDER ATTEMPTED — NOT KNOWN UNABLE TO FORWARD BC: 99615639999 *'0509-04741-21-29 0 IllluItInllllunl11111n111u1111l1In1111}1Il„1:!,::11„1 cA 0 N Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 996154340 AYTCH S 049J82035543 $00.410 v 04/18/2008 Mailed From 99615 US POSTAGE RUSSIAN ORTHOD OF SITKA P o BOX 24080 ANCHORA , AK 99524-0805 995 NDE 1 707C 01 OA/23/00 RETURN TO SENDER BOX CLOSED UNABLE TO FORWARD Arr) )AN . rn crNfrA II11111.11111111111=H11111,11,1111111,1)111111111111111,111111 KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 7.2008 REGULAR MEETING ITEM NO: 13.D.1 TITLE: Assembly Review of Case 08-002 Denial of Rezone of Larsen Bay, Tract A, Block 3, Lot 3 From R1 -Single Family Residential To B -Business and Directing Staff to Prepare an Ordinance for Introduction. SUMMARY: The Planning and Zoning Commission, at its regular meeting on June 18, 2008, adopted findings of fact in support of its decision on May 9, 2008 to deny a rezone of Larsen Bay Tract A, Block 3, Lot 3 From R1 -Single Family Residential To B -Business. In their findings of fact the commission cited the following as reasons for their denial recommendation • Business zoning of this parcel is not consistent with the current residential character of the area. • The lot requested to be rezoned is vacant, and is not the lot that contains a structure the owner originally requested for rezoning. • Rezoning a lot from R1 — Single family residential use to B- Business reduces the pool of already limited residential zoned parcels in the community. • The newly adopted comprehensive plan identifies this lot for residential use and the residents of the community supported the lot in its residential character. Also to be considered is the resolution adopted by the Council of the City of Larsen Bay requesting to "half' to future building in Larsen Bay because the city's infrastructure presently is "overtaxed". ASSEMBLY ACTION Per KIBC 17.72.055 Submission to the Assembly, it states: B. If the commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten (10) days, files a written statement with the clerk requesting that the commission's action be taken up by the assembly. In response, the Assembly needs to review Case 08-002 and determine: • if the case should move forward by directing staff to prepare an ordinance for introduction that rezones this parcel from 111 — Single family Residential to B - Business; or • Uphold the Commission's decision and fail the motion directing staff to prepare an ordinance for introduction that rezones this parcel from R1 — Single family Residential to B- Business. Included in this packet is KIBC Chapter 17.72 and also a flowchart regarding amendments and changes to regulations and boundaries of districts. Staff recommendation, based on the Planning and Zoning Commission's decision, is to fail this motion. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to direct staff to prepare an ordinance for introduction relating to Case 08-002 Rezone of Larsen Bay, Tract A, Block 3, Lot 3 From R1 -Single Family Residential To B -Business. INITIATED BY PETITION TO THE P&Z COMMISSION 17.72.030C YES Advance to Assembly by Ordinance 17.72.055A Comm'ssion forward report within 30 days with draft ordinance, report, and recommendations, etc. 17.72.055A \ "Sir The assembly shall consider........ at its next regular meeting after receipt of such report. 17.72.060 • 1 Such recommendations of the commission shall be advisory only and shall not be binding upon the assembly. 17.72.055 l YES The assembly by ordinance shall effect such amendment, supplement, change or reclassification. 17.72.060 • 1001111. NO Filing of written statement with the Clerk within 10 (calendar) days it+ r NO If voted down, there are no protest rights within the Borough's authority. 17.72.080 1 REGULATIONS AND BOUNDARIES OF DISTRICTS r Assembly Review Action requested (not required per code) to get clear direction for staff Note: no time frame indicated. (Clerk's recommendation: Place item \ under "Other Items" on the agenda.) NO, If voted down, there are no protest rights within the Borough's authority. 17.72.080 • 1 NO. If voted down, there are no protest rights within the Borough's authority. 17.72.080 • J YES Direction by action from the Assembly to prepare an ` ordinance for introduction. l r 1 Second reading — Public hearing required per 17.72.070 (Public notices by -mail not required by code.) r Seven days notice of such 111111111 hearing shall be advertised. 17.72.070 1 r • YES The assembly by ordinance shall effect such amendment, supplement, change or reclassification. 17.72.060 August 8, 2008 Mr. Don J. Maschmedt 941 Powell Avenue SW #150 Renton, WA 98057 Kodiak /sland-Borough . Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 E-mail: njavier@kodiakak.us Re: Review of Case 08-002 Denial of Rezone of Larsen Bay, Tract A, Block 3, Lot 3 From R1 -Single Family Residential To B -Business Dear Mr. Maschmedt: At its regular meeting of August 7, 2008, the Kodiak Island Borough Assembly reviewed the Planning and Zoning Commission's Findings of Fact, which were adopted in support of its decision to deny a rezone of Larsen Bay, Tract A, Block 3, Lot 3 from R1 -Single Family Residential to B -Business. The Assembly took the following action and upheld the decision of the Planning and Zoning Commission: FAILED to Direct Staff to Prepare an Ordinance for Introduction Relating to Case 08-002 Rezone of Larsen Bay, Tract A, Block 3, Lot 3 From R1 -Single Family Residential To B -Business. For further inquiry regarding this case, please contact the Community Development Department at 907-486-9363 Sincerely, OFFICE OF THE BOROUGH CLERK Nava . Javie Borough Clerk February 6, 2009 Mr. Don J. Maschmedt 941 Powell Avenue SW #150 Renton, WA 98057 .Kodiak Islrna'Borottgh Office ofthe .Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 E-mail: njavier@kodiakak.us Re: Review of Case 08-002 Denial of Rezone of Larsen Bay, Tract A, Block 3, Lot 3 From R1 -Single Family Residential To B -Business Dear Mr. Maschmedt: At its regular meeting of August 7, 2008, the Kodiak Island Borough Assembly reviewed the Planning and Zoning Commission's Findings of Fact, which were adopted in support of its decision to deny a rezone of Larsen Bay, Tract A, Block 3, Lot 3 from R1 -Single Family Residential to B -Business. The Assembly took the following action and upheld the decision of the Planning and Zoning Commission: FAILED to Direct Staff to Prepare an Ordinance for Introduction Relating to Case 08-002 Rezone of Larsen Bay, Tract A, Block 3, Lot 3 From R1 -Single Family Residential To B -Business. For further inquiry regarding this case, please contact the Community Development Department at 907-486-9363 Sincerely, OFFICE OF THE BOROUGH CLERK Nova M. Javier, CMC Borough Clerk Vol, FY2009, No.02 August 8, 2008 At its Regular Meeting of August 7, 2008 the Kodiak Island Borough Assembly Took the Following Actions: PRESENTED the Employee of the Quarter Award to Tracy Mitchell, Environmental Specialist in the Engineering and Facilities Department. ADOPTED Ordinance No. FY2009-01A Amending Ordinance No. FY2009-01 to Appropriate Funds for the Purpose of Providing Information on Ballot Proposition No. 1. REFERRED Ordinance No. FY2009-03 Rezoning Four (4) Parcels of Land in the Russian Creek Subdivision, Totaling Approximately 20 Acres, From B -Business To RR1 — Rural Residential One District (P&Z Case 08-023) Back to the Planning and Zoning Commission. ADOPTED Ordinance No. FY2009-04 Amending Title 17 Zoning of the Kodiak Island Borough Code of Ordinances Section 17.02.030 Comprehensive Plan to Incorporate the Kodiak Island Borough Coastal Management Program Plan Update. POSTPONED Ordinance No. FY2008-21 Amending Title 2 Administration and Personnel, Chapter 2.24 Borough Attorney by Adding Section 224.040 Alternate Counsel to the Regular Meeting of September 4, 2008. AUTHORIZED the Manager to Execute Contract No. FY2009-02 with ECI/Hyer, Inc. of Anchorage, Alaska, for Architectural Programming and Concept Design Services for the Near Island Research and Administrative Facility in the Amount not to Exceed $89,700. AUTHORIZED the Manager to Execute Contract No. FY2009-03 with Threshold Services, Inc. of Kodiak, AK for the Unit Price. of $9,000 for the First 30,000 Pounds and $.15 per Pound for Recyclable Material Over 30,000 Pounds for the Period of July 1, 2008 to December 31, 2008. ADVANCED Ordinance No. FY2009-05 Determining the Negotiation of a Sale at Fair Market Value of Tax Foreclosed Properties to the Federal Government to Public Hearing on August 21, 2008. ADVANCED Ordinance No. FY2009-01B Amending Ordinance No. FY2009-01 Fiscal Year 2009 Budget by Amending Budgets to Provide for Additional Expenditures and Moving Funds Between Projects to Public Hearing on August 21, 2008. FAILED to Direct Staff to Prepare an Ordinance for Introduction Relating to Case 08-002 Rezone of Larsen Bay, Tract A, Block 3, Lot 3 From R1 -Single Family Residential To B -Business. CONFIRMED the Mayoral Appointment of Cindy Harrington to the Vacant Solid Waste Advisory Board Seat to Expire December 31, 2010. CONFIRMED the Mayoral Appointment of Lauri Murdock to the Retail Business Representative Solid Waste Advisory Board Seat to Expire December 31, 2009. Minutes of this and other assembly meetings es well as copies of agenda items are available at the Borough Clerk's Office or on the Kodiak Island Borough's website www.kodiakak.us, The Assembly will hold a Special Meeting on Thursday, August 14, 2008 at 7:30 p.m, In the Borough Conference Room. The next regular meeting of the Kodiak island Borough Assembly is scheduled on Thursday, August 21, 2008 at 7:30 p.m. in the Borough Assembly Chambers. RAtt22'.y INITIATED BY PETITION TO THE P&Z COMMISSION 17.72.030C YES Advance to Assembly by Ordinance 17.72.055A 1 i• Comm'ssion forward report within 30 days with draft ordinance, report, and recommendations, etc. 17.72.055A • r The assembly shall consider........ at its next regular meeting after receipt of such report. 17.72.060 • l Such recommendations of the commission shall be advisory only and shall not be binding upon the assembly. 17.72.055 • r 1 MIR YES The assembly by ordinance shall effect such amendment, supplement, change or reclassification. 17.72.060 • NO Filing of written statement with the Clerk within 10 (calendar) days t NO If voted down, there are no protest rights within the Borough's authority. 17.72.080 • l REGULATIONS AND BOUNDARIES OF DISTRICTS Assembly Review Action requested (not required per code) to get clear direction for staff IF/ Note: no time frame indicated. (Clerk's recommendation: Place item under "Other Items" on the agenda.) YES Direction by action from the Assembly to prepare an ordinance for introduction. NO If voted down, there are no protest rights within the Borough's authority. 17.72.080 • J NO If voted down, there are no protest rights within the Borough's authority. 17.72.080 l 1 Second reading — Public hearing required per 17.72.070 (Public notices by -mail not required by code.) • Seven days notice of such hearing shall be advertised. 17.72.070 YES The assembly by ordinance shall effect such amendment, supplement, change or reclassification. 17.72.060 • 07/02/2008 15:20 425264 Mr. Don J. Maschmedt 941 Powell Avenue SW #150 Renton, WA 98057 MASCN£DT AcpcnEs PAGE 02 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kib, co,kodialr.ak.us June 23, 2008 Re; Case 08-022. Request adoption of Findings of Fact, in accordance with KIBC 17.72,020, to support the commission's decision on May 9, 2008 to deny a rezone of Larsen Bay, Tract A, Block 3, Lot 3 from R1 -Single Family Residential to B -Business. • • Dear Mr. Maschmedt: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on June 18, 2008 adopted Findings of Fact in support of their decision on May 9, 2008 to deny a rezone of Larsen Bay, Tract A, Block 3, Lot 3 from R1 -Single Family Residential to B -Business. FINDINGS OF FACT It is necessary for the Commission to adopt findings of fact in support of the decision in this case before the petitioners can decide whether to elevate the case to the Assembly level for additional review. Subsequent to the May 9'a special meeting, the commissioners have transmitted their individual rationales to staff in order to facilitate drafting of the findings herein. These findings are themselves are considered a draft document until approved by the Commission, with or withoufamendment. Findings as to the need and iustifrcation for a change or amendment. The rezone of Larscn Bay Townsite Subdivision, Tract A, Block 3, Lot 3 f t,m RI - Single -family Residential gi B -Business is not necessary and justified because: A. B -Business zoning is inconsistent with the current residential character of the area. B. The petitioner did not present adequate justification far the rezone other than a house on the lot was being used to house lodge related staff for a lodge located elsewhere in Larsen Bay. When the Commission toured the community, it appeared as though the property was in fact vacant and the aforementioned house was on an adjoining lot in commonownership that 07/02/2008 15:20 425264bb6 r-. MASCHMEDT ASSOC ES was not included in the rezone request. (The Commission noted that a returned public hearing notice from the petitioner did attempt to correct this oversight by adding the additional lot (Lot 4) to the case, however this was not an appropriate means of amending the application and the public notice had already been published so there was no way to legally inform the general public during the public hearing process.) C. The 13 -Business zoning district permits a wide range of commercial activities and uses that are not compatible with the surrounding residential character of the neighborhood. Although there are some lodging uses established in areas closer to the shoreline, which will also be considered for rezone at a later date, there was no indication in the plan or on the ground that this area should be speculatively rezoned for lodging or some other commercial use at a future date. D. AIlowing a rezone to B -Business for a residential lot for' the stated purpose of supporting or expanding an existing lodge operation in another part of town, and increasing the potential for an additional future lodge or other commercial use in the midst of other residential lots would likely exceed the capacity of the existing roads and sewage treatment capability in the area. Sewage treatment in the area is comprised of a community septic tank and outfall line to the near shore mixing zone along the Larsen Bay shoreline. The current lodging use would not be permissible under the 8 - Business zoning and therefore the application for rezone would neither address the petitioners concerns nor serve any other articulated purpose. E. B -Business zoning of the requested lots would contribute to the reduction of residential land available in the community which is currently losing its year around population according to State of Alaska based population projections. Strong concerns were expressed by the community about the perceived trend of people departing the Larsen Bay community and selling their residential property to commercial (primarily lodge) developers as an impediment to the return of year -around community based residents in the Mire. 2. Findings as to the effect a change or amendment would have on the goals and obiectives of the comprehensive plan. A. The January 2008 KIB Comprehensive Plan designates the proposed lot for residential development. A rezone to B -Business would not be consistent with that designation. B. The comprehensive plan recognizes the need to provide adequate land opportunities for .a balanced mix of different uses to support the community including residential, institutional, commercial and industrial land uses and associated development. That said, the community strongly indicated a preference in this request to preserve and maintain residential lands from unnecessary or speculative conversion to commercial use in order to preserve residential capacity in the community in the face of strong economic incentives to develop a maximum number of lodges in order to profit from a seemingly strong lodging market in Larsen Bay. C. While the proposed B -Business zoning allows a wide range of commercial uses, the proposal to provide after -the -fact legitimacy to the existing PAGE 03 07/02/2008 15:20 425264a8uG MASCHMEDT ASSU r ES PAGE 04 lodging use (if not code compliance for the conversion of the residential structure itself to a commercial use) does not address many of the other needs expressed in the Larsen Bay comprehensive plan goals and objectives. Larsen Bay is a community without a tine community store or virtually any other business venture that would contribute to the community as a whole and make the community a better place to live, work and raise a family. CONCLUSION According to !UDC 17.72.055. B, you have the following option: If the planning cwmnission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. For clarification, that 10 day appeal period begins once the commission has approved their Findings of Fact on the case. The deadline for appeal is Thursday, July 3, 2008. Should you have any questions about the procedure, please call the Community Development Department at 486-9363. Sincerely, .teea t Bud Cassidy Director CC: Rick Gifford, Manager Nova Javier, Borough Clerk CITY OF LARSEN BAY PO BOX 8 • LARSBN BAY, ALASKA • 99624 PHONE: 907-847.2211 • FAX: 907-847-2239 E•MAIL: CITYOkLARSENBAY@AOL.COM RESOLUTION NO. 08-05 A RESOLUTION REQUESTING THE KODIAK ISLAND BOROUGH PLANING, ZONING AND ASSEMBLY TO POST PONE ACTION ON CASES REGARDING LARSEN BAY, CASES 03-011, 03-012, 03-016, 03-018. WHEREAS, the community unity of Larsen Bay needs to have the Planning and Zoning Plat updated; and, WHEREAS, the Lodges are being constructed without regard to the City of Larsen Bay's input or permission; and, WHEREAS, the residential homes have been converted from residential to commercial enterprises; and, WHEREAS, the Lodges are adjacent to residential homes and the Tarsen Bay School causing concern amongst the year around residential community members; and, WHEREAS, any addition building within the community will greatly overtax facilities that service the resident. • NOW THEREFORE BE IT RESOLVED THAT: The City of Larsen Bay Council request the Kodiak Island Borough and the Planning and Zoning commission • post pone the rezoning in Larsen Bay until these issues are solved and that the borough Planning and Zoning commission meet the Larsen Bay at their earliest convenience and halt all future building within the community of T.acsen Bay. BE IT FURTHER RESOLVED THAT; the Tarsen Bay City Council develop an ordinance for building codes and permits. PASSED AND APPROVED by a duly constituted quorum of the City of Larsen Bay This f 9 day of /tee h v %, OL/ -U AOC)?'SIGNED: J Al 1'hST: (Mayor; (Secretary Treasure) 07/02/2008 15:20 4252646Sib6 Don Maschmedt Kodiak Lodge at Larsen Bay 941 Powell Ave SW, STE 150 Renton, WA 98057 donm@maschmedt.com 425-264-0900 Ext 230 425-264-0910 Fax MASCWMEDT ASSO::.jES PAGE 01 set= 7/2/2008 Page 1 of 4 'roc Kodiak Island Borough Community Development Department 907-486-9396 Re Case 08-022 Appeal This is to advise the Kodiak Island Borough Community Development Department that we intend to appeal the decision to deny a rezone of our property looted in Larsen Bay, Tract A, Bloch 3, Lot 3 from Single Family Residential to B -Business. The grounds for our appeal will be filed in the near future. Sincerely, Don Maschmedt 1 -j -Bud Cassidy From: Bud Cassidy Sent: Thursday, July 03, 2008 8:48 AM To: Nova Javier; Marylynn McFarland Cc: Rick Gifford; Duane Dvorak; Sheila Smith Subject: Appeal of a Pianning'and Zoning Commission Decision Nova — Be prepared for an elevation of a planning commission denial of zoning change request for a parcel in Larsen Bay. The applicant is Mr. Don J. Maschmedt. The deadline that I stated in our letter to him as the last day that he can request an elevation to the Assembly is today at 5:00 PM. He has stated in a fax to us that he is intending to ask the Assembly to, take up the commission's action according to KIBC 17.72.088(B). You had interpreted KIBC 17.72.055(B) that states that Mr. Maschmedt has ten days to elevate the commission's decision to the Assembly, to mean 10 calendar days which meant that the last day that the petitioner could request an elevation is June 28`h. Unfortunately our letters had already gone out with another date. In the commission "action letter" he was given until July 3, 2008, 10 working days (now that I count, he was given 11 days) from the date of the commission decision to make an request for Assembly action. Part of the reasoning for my interpretation was that Mr. Maschmedt lives out of state, and our action letters don't always get out in the mail the day after the meeting (depending on the complexity of the meeting), therefore the letter may not find it way to the applicant in a timely manner. My recommendation is that he received a letter from a Borough official that gave a specific deadline date of July 3, 2008 as the last day to elevate the commission's decision. I think there is no other choice than to accept today as a deadline. Please accommodate Mr. Maschmedt. Thanks Bud 1 07/02/2088 15:20 4252640906 MASCHMEDT ASScJCYATES PAGE 01 Don Maschmedt Kodiak Lodge at Larsen Bay 941 Powell Ave SW, STE 150 Renton, WA 98057 dorm@maschmedtcom 425-284-0900 Ext 230 425-264-0910 Fax Dot= 7/2/2005 Page 1 of 4 7ioo . Kodiak Island Borough Community Development Department 907-488-9396 as Case 08-022 Appeal This is to advise the Kodiak Island Borough Community Development Departrnent that we intend to appeal the decision to deny a rezone of our property located in Larsen Bay, Tract A, Block 3, Lot 3 from Single Family Residential to B -Business. The grounds for our appeal will be filed in the near future. Sincerely, 1 07/02/2008 15:20 4252640906 Mr. Don J. Maschmedt 941 Powell Avenue SW #150 Renton, WA 98057 MASCHFEDT ASSOCIATES PAGE 02 Kodiak Island Borough Communi[y Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Pax (907) 486-9396 www.krb. co.kodiak.akins June 23,2008 Re: Case 08-022. Request adoption of Findings of Fact, in accordance with KIBC 17.72.020, to support the commission's decision on May 9, 2008 to deny a rezone of Larsen Bay, Tract A, Block 3, Lot 3 from Rl-Single Family Residential to B -Business. Dear Mr. Maschmedt: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on June 18, 2008 adopted Findings of Fact in support of their decision on May 9, 2008 to deny a rezone of Larsen Bay, Tract A, Block 3, Lot 3 from R1 -Single Family Residential to B -Business. FINDINGS OF FACT It is necessary for the Commission to adopt findings of fact in support of the decision in this case before the petitioners can decide whether to elevate the case to the Assembly level for additional review. Subsequent to the May 94' special meeting, the commissioners have transmitted their individual rationales to staff in order to facilitate drafting of the findings herein. These findings are themselves are considered a draft document until approved by the Commission, with or without amendment. Findings as to the need and iustification for a change or amendment. The rezone of Larsen Bay Townsite Subdivision, Tract A, Block 3, Lot 3 from RI - Single -family Residential trwi B -Business is not necessary and justified because: A. B -Business zoning is inconsistent with the current residential character of the area. B. The petitioner did not present adequate justification for the rezone other than a house on the lot was being used to house lodge related stats for a lodge located elsewhere in Larsen Bay. When the Commission toured the community, it appeared as though the property was in fact vacant and the aforementioned house was on an adjoining lot in common ownership that 07/02/2000 15:20 4252640906 MASCFNIEDT ASSOCIATES PAGE 03 was not included in the rezone request. (The Commission noted that a retuned public hearing notice from the petitioner did attempt to correct this oversight by adding the additional lot (Lot 4) to the case, however this was not an appropriate means of amending the application and the public notice had already been published so there was no way to legally inform the general public during the public hearing process.) C. The 13 -Business zoning district permits a wide range of commercial activities and uses that are not compatible with the surrounding residential character of the neighborhood. Although there are some lodging uses established in areas closer to the shoreline, which will also be considered for rezone at a later date, there was no indication in the plan or on the ground that this area should be speculatively rezoned for lodging or some other commercial use at a future date. A. Allowing a rezone to B -Business for a residential lot for the stated purpose of supporting or expanding an existing lodge operation in another part of town, and increasing the potential for an additional future lodge or other commercial use in the midst of other residential lots would likely exceed the capacity of the existing roads and sewage treatment capability in the area. Sewage treatment in the area is comprised of a community septic tank and outfall line to the near shore mixing zone along the Larsen Bay shoreline. The current lodging use would not be permissible under the B - Business zoning and therefore the application for rezone would neither address the petitioners concerns nor serve any other articulated purpose. E. B -Business zoning of the requested lots would contribute to the reduction of residential land available in the community which is currently losing its year around population according to State of Alaska based population projections. Strong concerns were expressed by the community about the perceived trend of people departing the Larsen Bay community and selling their residential property to commercial (primarily lodge) developers as an impediment to the return of year -around community based residents in the future. 2. Findings as to the effect a change or amendment would have on the goals and biectives of the comprehensive plan. A. The January 200S KIR Comprehensive Flan designates the proposed lot for residential development. A rezone to B -Business would not be consistent with that designation. B. The comprehensive plan recognizes the need to provide adequate land opportunities for a balanced mix of different uses to support the community including residential, institutional, commercial and industrial land uses and associated development. That said, the community strongly indicated a preference in this request to preserve and maintain residential lands from unnecessary or speculative conversion to commercial use in order to preserve residential capacity in the community in the face of strong economic incentives to develop a maximum number of lodges in order to profit from a seemingly strong lodging market in Larsen Bay. C. While the proposed B -Business zoning allows a wide range of commercial uses, the proposal to provide after -the -fact legitimacy to the existing 07/02/2008 15:20 4252640906 MASCHMEDT ASSOCIATES PAGE 04 lodging use (if not code compliance for the conversion of' the residential structure itself to a commercial use) does not address many of the other needs expressed in the Larsen Bay comprehensive plan goals and objectives. Larsen Bay is a community without a true community store or virtually any other business venture that would contribute to the community as a whole and make the community a better place to live, work and raise a family. CONCLUSION According to KIBC ]7.72.055. B, you have the following option: If the planning eonunission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. For clarification, that 10 day appeal period begins once the commission has approved their Findings of Fact on the case. The deadline for appeal is Thursday, July 3, 2008. Should you have any questions about the procedure, please call the Community Development Department at 486-9363. Sincerely, 4.4 e.cy Bud Cassidy Director CC: Rick Gifford, Manager Nova Javier, Borough Clerk The Clerk read the amendments for the record: the amendment to 11) after the text adding "the current lodging use would not be permissible under the B -Business zoning and therefore the application for rezone would neither address the petitioner's concerns nor serve any other articulated purpose; 1C to change the sentence to read "A majority of residents present at the May 9th special meeting of the P&Z commission have expressed concerns...", and 1B to amend line 6 to read "R1 could however allow a Bed & Breakfast use on a property with a Single- family dwelling. Cassidy inquired about all the amendments and main motion being voted on. '13. Case 08-022: Adoption of Findings of Fact, in accordance with KIBC 17.72.020, to support the commission's decision on May 9, 2008 to deny a rezone for Larsen Bay, Tract A, Block 8, Lot 3 from R1 -Single Family Residential to B -Business. The applicant is Don J. Maschmedt. Cassidy gave a brief staff report. COMMISSIONER JUENGER MOVED to adopt the finding presented in the staff memorandum dated June 6, 2008 as "Findings of Fact" for Case 08-022. COMMISSIONER WATKINS SECONDED the motion. COMMISSIONER HARRINGTON stated she questions whether Finding 1B is exceptionally complicated and could be easier stated in one sentence. COMMISSIONER WATKINS and COMMISSIONER JUENGER stated it would take away from the finding. CHAIR KING stated the same thing should be added to ID that was added to the previous case. COMMISSIONER JANZ requested the clerk read back what was added to finding 1D on the previous case. A discussion on the definitions and zoning for lodges, motels, and hotels. COMMISSIONER JANZ MOVED TO AMEND Findings of Fact 1D to add at the end the paragraph after shoreline "The current lodging use would not be permissible under the B - Business zoning and therefore the application for rezone would neither address the petitioners concems nor serve any other articulated purpose. The motion was SECONDED by COMMISSIONER WATKINS. The question was called on the amended motion and it CARRIED 6-0. The question was called on the main motion and it CARRIED 6-0. COMMISSIONER HARRINGTON MOVED TO AMEND THE PREVIOUSLY APPROVED MOTION to change the language in item 1C to read "although there are some lodging uses established in areas closer to the shoreline, which will also be considered for rezone at a later date, there was no indication in the plan or on the ground that this area should be speculatively rezoned for lodging or some other commercial use" and then striking those last words and replacing them with "at a future date." The motion was SECONDED by COMMISSIONER PURDY. FINDINGS OF FACT It is necessary for the Commission to adopt findings of fact in support of the decision in this case before the petitioners can decide whether to elevate the case to the Assembly level for additional review. Subsequent to the May 9th special meeting, the commissioners have transmitted their individual rationales to staff in order to facilitate drafting of the findings herein. These findings P&Z Meeting Minutes June 18, 2008 Page 6 of 11 are themselves are considered a draft document until approved by the Commission, with or without amendment. "1. Findings as to the need and justification for a change or amendment. The rezone of Larsen Bay Townsite Subdivision, Tract A, Block 3, Lot 3 from R1 - Single -family Residential to B -Business is not necessary and justified because: A. B -Business zoning is inconsistent with the current residential character of the area. B. The petitioner did not present adequate justification for the rezone other than a house on the lot was being used to house lodge related staff for a lodge located elsewhere in Larsen Bay. When the Commission toured the community, it appeared as though the property was in fact vacant and the aforementioned house was on an adjoining lot in common ownership that was not included in the rezone request. (The Commission noted that a returned public hearing notice from the petitioner did attempt to correct this oversight by adding the additional lot (Lot 4) to the case, however this was not an appropriate means of amending the application and the public notice had already been published so there was no way to legally inform the general public during the public hearing process.) C. The B -Business zoning district permits a wide range of commercial activities and uses that are not compatible with the surrounding residential character of the neighborhood. Although there are some lodging uses established in areas closer to the shoreline, which will also be considered for rezone at a later date, there was no indication in the plan or on the ground that this area should be speculatively rezoned for lodging or some other commercial use at a future date. D. Allowing a rezone to B -Business for a residential lot for the stated purpose of supporting or expanding an existing lodge operation in another part of town, and increasing the potential for an additional future lodge or other commercial use in the midst of other residential lots would likely exceed the capacity of the existing roads and sewage treatment capability in the area. Sewage treatment in the area is comprised of a community septic tank and outfall line to the near shore mixing zone along the Larsen Bay shoreline. The current lodging use would not be permissible under the B - Business zoning and therefore the application for rezone would neither address the petitioners concems nor serve any other articulated purpose. E. B -Business zoning of the requested lots would contribute to the reduction of residential land available in the community which is currently losing its year around population according to State of Alaska based population projections. Strong concerns were expressed by the community about the perceived trend of people departing the Larsen Bay community and selling their residential property to commercial (primarily lodge) developers as an impediment to the return of year -around community based residents in the future. 2. Findings as to the effect a change or amendment would have on the goals and objectives of the comprehensive plan. P&Z Meeting Minutes June 18, 2008 Page 7 of 11 A. The January 2008 KIB Comprehensive Plan designates the proposed lot for residential development. A rezone to B -Business would not be consistent with that designation. B. The comprehensive plan recognizes the need to provide adequate land opportunities for a balanced mix of different uses to support the community including residential, institutional, commercial and industrial land uses and associated development. That said, the community strongly indicated a preference in this request to preserve and maintain residential lands from unnecessary or speculative conversion to commercial use in order to preserve residential capacity in the community in the face of strong economic incentives to develop a maximum number of lodges in order to profit from a. seemingly strong lodging market in Larsen Bay. C. While the proposed B -Business zoning allows a wide range of commercial uses, the proposal to provide after -the -fact legitimacy to the existing lodging use (if not code compliance for the conversion of the residential structure itself to a commercial use) does not address many of the other needs expressed in the Larsen Bay comprehensive plan goals and objectives. Larsen Bay is a community without a true community store or virtually any other business venture that would contribute to the community as a whole and make the community a better place to live, work and raise a family. The question was called and it CARRIED 6-0. C. Case 08-023. Adoption of Findings of Fact, in accordance with KIBC 17.72.020, to support the commission's decision on May 21, 2008 to approve a rezone for Lots 1 & 2, Dayton Subdivision; Tract A of Tract L, Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision from B -Business to RRl-Rural Residential One. Cassidy gave a brief staff report. COMMISSIONER WATKINS MOVED to adopt the findings presented in the staff memorandum dated June 8, 2008 as "Findings of Fact" for Case 08-02-3. The motion was SECONDED by COMMISSIONER JANZ. A brief discussion. COMMISSIONER HARRINGTON MOVED TO AMEND the findings in the staff memo to include a final bullet point under part A to read "the location and daylight exposure for the lots would enable development of residences with potentially lower energy demands than might be possible at other sites in Womens Bay thereby, resulting in lower demands on electricity production by the local electrical utility." The motion was SECONDED by COMMISSIONER WATKINS. FINDINGS OF FACT It is necessary for the Commission to adopt findings of fact in support of thedecision in this case to provide any objecting party the ability to decide whether to elevate the case to the Assembly level for additional review. Subsequent to the June 11 work session, commissioners have transmitted rationales to staff in order to facilitate drafting of the findings herein. These findings are themselves considered to be a draft document until approved by the Commission, with or without amendment. P&Z Meeting Minutes June 18, 2008 Page 8 of ii Mr. Don J. Maschmedt 941 Powell Avenue SW #150 Renton, WA 98057 a,/ Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kib.co.kodiak.ak.us June 23, 2008 Re: Case 08-022. Request adoption of Findings of Fact, in accordance with KIBC 17.72.020, to support the commission's decision on May 9, 2008 to deny a rezone of Larsen Bay, Tract A, Block 3, Lot 3 from R] -Single Family Residential to B -Business. Dear Mr. Maschmedt: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on June 18, 2008 adopted Findings of Fact in support of their decision on May 9, 2008 to deny a rezone of Larsen Bay, Tract A, Block 3, Lot 3 from RI -Single Family Residential to B -Business. FINDINGS OF FACT It is necessary for the Commission to adopt findings of fact in support of the decision in this case before the petitioners can decide whether to elevate the case to the Assembly level for additional review. Subsequent to the May 9th special meeting, the commissioners have transmitted their individual rationales to staff in order to facilitate drafting of the findings herein. These findings are themselves are considered a draft document until approved by the Commission, with or without amendment. "1. Findings as to the need and justification for a change or amendment. The rezone of Larsen Bay Townsite Subdivision, Tract A, Block 3, Lot 3 film R1 - Single -family Residential to B -Business is not necessary and justified because: A. B -Business zoning is inconsistent with the current residential character of the area. B. The petitioner did not present adequate justification for the rezone other than a house on the lot was being used to house lodge related staff for a lodge located elsewhere in Larsen Bay. When the Commission toured the community, it appeared as though the property was in fact vacant and the aforementioned house was on an adjoining lot in common ownership that was not included in the rezone request. (The Commission noted that a retumed public hearing notice from the petitioner did attempt to correct this oversight by adding the additional lot (Lot 4) to the case, however this was not an appropriate means of amending the application and the public notice had already been published so there was no way to legally inform the general public during the public hearing process.) C. The B -Business zoning district permits a wide range of commercial activities and uses that are not compatible with the surrounding residential character of the neighborhood. Although there are some lodging uses established in areas closer to the shoreline, which will also be considered for rezone at a later date, there was no indication in the plan or on the ground that this area should be speculatively rezoned for lodging or some other commercial use at a future date. D Allowing a rezone to B -Business for a residential lot for the stated purpose of supporting or expanding an existing lodge operation in another part of town, and increasing the potential for an additional future lodge or other commercial use in the midst of other residential lots would likely exceed the capacity of the existing roads and sewage treatment capability in the area. Sewage treatment in the area is comprised of a community septic tank and outfall line to the near shore mixing zone along the Larsen Bay shoreline. The current lodging use would not be permissible under the B - Business zoning and therefore the application for rezone would neither address the petitioners concerns nor serve any other articulated purpose. E. B -Business zoning of the requested lots would contribute to the reduction of residential land available in the community which is currently losing its year around population according to State of Alaska based population projections. Strong concerns were expressed by the community about the perceived trend of people departing the Larsen Bay community and selling their residential property to commercial (primarily lodge) developers as an impediment to the return of year -around community based residents in the future. 2. Findings as to the effect a change or amendment would have on the goals and objectives of the comprehensive plan. A. The January 2008 MB Comprehensive Plan designates the proposed lot for residential development. A rezone to B -Business would not be consistent with that designation. B. The comprehensive plan recognizes the need to provide adequate land opportunities for a balanced mix of different uses to support the community including residential, institutional, commercial and industrial land uses and associated development. That said, the community strongly indicated a preference in this request to preserve and maintain residential lands from unnecessary or speculative conversion to commercial use in order to preserve residential capacity in the community in the face of strong economic incentives to develop a maximum number of lodges in order to profit from a seemingly strong lodging market in Larsen Bay. C. While the proposed B -Business zoning allows a wide range of commercial uses, the proposal to provide after -the -fact legitimacy to the existing lodging use (if not code compliance for the conversion of the residential structure itself to a commercial use) does not address many of the other needs expressed in the Larsen Bay comprehensive plan goals and objectives. Larsen Bay is a community without a true community store or virtually any other business venture that would contribute to the community as a whole and make the community a better place to live, work and raise a family. CONCLUSION According to KIBC 17.72.055. B, you have the following option: If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission=s action be taken up by the borough assembly. For clarification, that 10. day appeal period begins once the commission has approved their Findings of Fact on the case. The deadline for appeal is Thursday, July 3, 2008. Should you have any questions about the procedure, please call the Community Development Department at 486-9363. Sincerely, 6's4(y Bud Cassidy Director CC: Rick Gifford, Manager Nova Javier, Borough Clerk Public Hearing Item VII -13 MEMORANDUM DALE: June 6, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the June 18, 2008 Regular Meeting CASE: 08-022 APPLICANT: Don J. Maschmedt REQUEST: Adoption of Findings of Fact, in accordance with KIBC 17.72.020, to support the commission's decision on May 9, 2008 to deny a rezone for Larsen Bay, Tract A, Block 3, Lot 3 Atm R1 -Single Family Residential to B -Business. LOCATION: Larsen Bay Townsite Subdivision, Tract A, Block 3, Lot 3. ZONING: RI -Single-family Residential Background The Commission recommended denial of the above referenced rezone request at the May 9, 2008 special meeting which was held at the Larsen Bay Community School. When the Commission recommends denial of a proposed zoning boundary amendment (rezone) 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. Before this can happen however, the Commission must complete the decision making process by adopting required "Findings of Fact" upon which the decision was based. These findings are to be delivered to the Assembly in the form of a report as described in the applicable provisions of KIBC 17.72, as follows: 17.72.020 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. It should be noted for the record that the adoption of "Findings" was postponed until the next regular meeting (June 18, 2008) as permitted by the KIB Planning and Zoning Commission Bylaws which were last reviewed and approved by the Assembly on March 16, 2006. Case 08-022/Findings of Fact Page 1 of 4 P & Z: June 18, 2008 Public Hearing Item VII -B In the context of the proposed "Findings" that follow, it may be appropriate to provide some additional code citations regarding the authority, purpose and intent of the borough zoning regulations. KIBC 17.01.020 Purpose. It is the purpose of this title to promote the health, safety, and general welfare through the use of uniform district regulations concerning: A. Land use; B. Building location and use; C. The height and size of structures; D. The number of stories in buildings; E. The percentage of a lot which may be covered; F. The size of open spaces; and G. Population density and distribution. KIBC 17.01.030 Intent. It is the intent of this title to: A. Provide for orderly development; B. Lessen street congestion; C. Promote fire safety and public order; D. Protect the public health and general welfare; E. Prevent overcrowding; F. Stimulate systematic development of transporation, water, sewer, school, park and other public facilities; and G. Encourage efficiency in the use of energy and the substitution of energy from renewable sources for energy from fossil fuels. KIBC 17.02.020 Reference and use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. KIBC 17.02.030 Comprehensive Plan. For the purpose of this title, the Kodiak Island Borough Comprehensive Plan consists of the following documents: A. Kodiak Island Borough Comprehensive Plan Update dated December 6, 2007, prepared by Cogan -Owens -Cogan and the Kodiak Island Borough. *** *** *** *** *** I. City of Larsen Bay Comprehensive Development Plan. Prepared by Norgaard Consultants (Adopted by Resolution No. 84-117-R, dated November 1, 1984). Case 08-022/Findings of Fact Page 2 of 4 P & Z: June 18, 2008 Public Hearing Item VII -B Findings It is necessary for the Commission to adopt findings of fact in support of the decision in this case before the petitioners can decide whether to elevate the case to the Assembly level for additional review. Subsequent to the May 9th special meeting, the commissioners have transmitted their individual rationales to staff in order to facilitate drafting of the findings herein. These findings are themselves are considered a draft document until approved by the Commission, with or without amendment. "1. Findines as to the need and justification for a change or amendment. The rezone of Larsen Bay Townsite Subdivision, Tract A, Block 3, Lot 3 from, RI - Single -family Residential to B -Business is not necessary and justified because: A. B -Business zoning is inconsistent with the current residential character of the area. B. The petitioner did not present adequate justification for the rezone other than a house on the lot was being used to house lodge related staff for a lodge located elsewhere in Larsen Bay. When the Commission toured the community, it appeared as though the property was in fact vacant and the aforementioned house was on an adjoining lot in common ownership that was not included in the rezone request. (The Commission noted that a returned public hearing notice from the petitioner did attempt to correct this oversight by adding the additional lot (Lot 4) to the case, however this was not an appropriate means of amending the application and the public notice had already been published so there was no way to legally inform the general public during the public hearing process.) C. The B -Business zoning district permits a wide range of commercial activities and uses that are not compatible with the surrounding residential character of the neighborhood. Although there some lodging uses established in areas closer to the shoreline, which will also be considered for rezone at a later date, there was no indication in the plan or on the ground that this area should be speculatively rezoned for lodging or some other commercial use other than it was the wish of the petitioner. D. Allowing a rezone to B-Business'for a residential lot for the stated purpose of supporting or expanding an existing lodge operation in another part of town, and increasing the potential for an additional future lodge or other commercial use in the midst of other residential Tots would likely exceed the capacity of the existing roads and sewage treatment capability in the area. Sewage treatment in the area is comprised of a community septic tank and outfall line to the near shore mixing zone along the Larsen Bay shoreline. E. B -Business zoning of the requested Lots would contribute to the reduction of residential land available in the community which is currently losing its year around population according to State of Alaska based population projections. Strong concerns were expressed by the community about the Case 08-022/Findings of Fact Page 3 of 4 P & Z: June 18, 2008 Public Hearing Item VII -B perceived trend of people departing the Larsen Bay community and selling their residential property to commercial (primarily lodge) developers as an impediment to the return of year -around community based residents in the future. 2. Findings as to the effect a change or amendment would have on the goals and obiectives of the comprehensive plan. A. The January 2008 KIB Comprehensive Plan designates the proposed lot for residential development. A rezone to B -Business would not be consistent with that designation. B. The comprehensive plan recognizes the need to provide adequate land opportunities for a balanced mix of different uses to support the community including residential, institutional, commercial and industrial land uses and associated development. That said, the community strongly indicated a preference in this request to preserve and maintain residential lands from unnecessary or speculative conversion to commercial use in order to preserve residential capacity in the community in the face of strong economic incentives to develop a maximum number of lodges in order to profit from a seemingly strong lodging market in Larsen Bay. C. While the proposed B -Business zoning allows a wide range of commercial uses, the proposal to provide after -the -fact legitimacy to the existing lodging use (if not code compliance for the conversion of the residential structure itself to a commercial use) does not address many of the other needs expressed in the Larsen Bay comprehensive plan goals and objectives. Larsen Bay is a community without a true community store or virtually any other business venture that would contribute to the community as a whole and make the community a better place to live, work and raise a family. Recommendation Staff recommends that the Commission adopt findings in support of its recommendation of denial for Case 08-022 which accurately reflect the Commissions rationale for this decision. These "Findings of Fact" support the decision reached by the Planning & Zoning Commission on May 10, 2008 to recommend denial of this request to the borough Assembly. Subject to the payment of an additional hearing review fee, the petitioner will have ten (10) working days from the date of "findings" adoption to request an elevation of this request to the borough Assembly before this case becomes null and void. Motion Move to adopt the findings presented in the staff memorandum dated June 6, 2008 as "Findings of Fact" for Case 08-022. Case 08-022/Findings of Fact Page 4 of 4 P & Z: June 18, 2008 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION LARSEN BAY SPECIAL MEETING MAY 9, 2008 MINUTES 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 Present Excused Absent Others Present Dave King -Chair X Bud Cassidy, Director Brent Watkins X Community Development Dept. Casey Janz X Sheila Smith, Secretary Bill Kersch X Community Development Dept. Gary Juenger X Duane Dvorak, Assoc. Planner Jim Purdy Erin Harrington 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 May 9, 2008 P & Z Commission Special Meeting Minutes Page 1 of 9 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. 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 if there are laws that limit the amount of lodges 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 Public hhearing open: May 9, 2008 P & Z Com on Special Meeting Minutes Page 2 of 9 I ' I 0 1 1 t COMMISSIONER JANZ 1\'If3 ErD TO POSTPONE action OR Case 08-021• until the •.n . 1 •sort/ •i1 ! 1! ' - tt et Ioarto then, guns 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 R1 -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 1732/030, (Manner of Initiation) of Larsen Bay, Tract A, Block 3, Lot 3 from R1 - 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 bit 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. May 9, 2008 P & Z Commission Special Meeting Minutes Page 7 of 9 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. 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 Katelnikof requested 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. AA 4K BUSE SS COMMUNICATIONS REPORTS Meeting schedule: May 9, 2008 P & Z Commission Special Meeting Minutes Page 8 of 9 Current Location P & Z Case # 08-022 Maschmedt, Don J. Request: A rezone, in accordance with KIBC 17.72.030. C (Manner of Initiation), for Larsen Bay Townsite, Tract A, Block 3, Lot 3, from R-1 Single Family Residential to B - Business. Am_ LAR=EBA d 1 1f►�o:��vv�4*Or.r- �/. 7� 14 ‘0,0iipoioe••1014 U_.. 612 11: Feet 0 1,000 2,000 1 1 Legend Subject Parcel, Tract A, Bk 3, Lt 3 Parcels Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data. National Highway System, Highways. Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to-date. Kodiak Island Borough Community Development Department. Current Zoning Larsen Bay Rezone Requests Agent: Multilple Request: Rezone from R-1 SFR to B -Business Eighteen (18) total parcels 1 Legend Subject Parcels, 18 Total Business Conservation Industrial Light Industrial Natural Use Public Use Single Family Residential i% Two Family Residential Multi Family Residential Retail Business Rural Residential Rural Residential 1 Rural Residential 2 Split -Lot Zone w Map prepared for the purpose of showing the Zoning of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets.. Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63.360 Created in ArcGIS 9. NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to-date. Kodiak Island Borough Community Development Department. Public Hearing Item VI -F MEMORANDUM DATE: May 8, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the May 9, 2008 Regular Meeting CASE: 08-022 APPLICANT: Don J. Maschmedt REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A; Block 3, Lot 3 from R1 -Single-family Residential to B -Business LOCATION: 105 Second Street, Larsen Bay ZONING: R1 -Single-family Residential Thirty (30) public hearing notices were mailed on April 18, 2008. Date of site visit: August 2003, May 2008 LARSEN BAY REZONE UPDATE It was anticipated that a complete staff report could be presented in Larsen Bay for the May 9th special meeting of the MB Planning and Zoning Commission. Although it was not certain that the Commission would render a decision at this meeting, staff had hoped to present a fairly complete picture of the circumstance of each request to supplement whatever public hearing input was gathered at this meeting. Unfortunately, staff is lacking substantial information pertaining to the individual properties such as building locations, number of guest rooms, seasonal activitiy dates, etc., which are necessary to determine the relative impact of the use on the surrounding properties and the community as a whole. Staff is also anticipating additional information from the City of Larsen Bay regarding utilities and transient accommodation taxes which may also help to describe the level of activity relating to each lodge in Larsen Bay. While it was fully expected that this special meeting would also provide an opportunity for first hand investigation, by staff as well as by the Commissioners themselves, it was hoped that we would be further along with the analysis. The following paragraphs describes generally where the process is at this time. Staff has access to both the 1984 Larsen Bay Comprehensive Plan as well as the recently adopted 2008 Kodiak Island Borough Comprehensive Plan Update. In particular, staff has Page 1 of 4 Public Hearing hem VI -F focused largely on the newer plan because it has a wide range of goals and policies that address where the Larsen Bay community is today. The newer plan recognizes the existence of the 1984 plan however, which is still an adopted plan for the community that can provide guidance in areas not covered or superseded by the newer plan. For this reason, staff has provided the relevant goals and policies for both plans as part of this progress report. In the final staff analysis this information may simply be referenced in the text in order to keep the final report to a reasonable length. In addition to the adopted borough plans, staff is also considering the goals and objectives of the Larsen Bay Community Plan that was adopted by the local community in 2004. Although lacking a specific land use component, the plan contains an excellent vision of the desired future expressed by Larsen Bay residents. This plan, although not a borough sponsored plan, had a high level of local participation and was very good at assisting the community to reach consensus on issues important to the community. In addition, this plan made an effort to involve community residents of all ages. Staff expects to draw heavily from these plans and will try to highlight those goals and objectives which appear to be most relevant. In particular, the final staff report will draw heavily on the following chapters of the 2008 KIB Comprehensive Plan Update, Population, Local Government, Economy, Housing, Transportation, Public Services and Facilities, Parks and Recreation and Environmental Quality. The Larsen Bay section in Chapter 11 of the 2008 plan will likely be copied with the staff reports as well as the Larsen Bay Goals and Objectives contained in Chapter 12. As the 1978 Kodiak Island Borough Regional Plan and Development Strategy states, "without goals planning is aimless; it can accomplish very little other than bring to light problems and needs but cannot arrive at solutions." The document goes on to say that "It is important for the decision making bodies to be aware of public desires and the degree to which they conflict with factual data so that the finally adopted goals and objectives can accommodate to the greatest extent possible the perceived needs of the public as well as the actual situations as they exist." Comprehensive, as defined by urban planning practice, has three specific meanings: (1) It means that the general plan should deal with all of the essential physical elements of the urban environment within the boundaries of the contiguous planning area; (2) it means that the general plan should take into account the development trends in the larger geographic setting within which every city and/or borough is situated; and (3) it means that the general plan should be consciously related to the social and economic forces that it proposes to accommodate and that are themselves bound to be affected by the scheme for physical development expressed in the plan. Comprehensive means that a general plan for physical development, to be a logical, reasonable, and useful plan, must recognize and define its relationships with the physical and nonphysical, local and regional, factors that will affect the physical growth and development of the community. The quality of comprehensiveness means that it must be recognized at every stage of plan preparation and plan use, that a plan for physical development is an expression of the social and economic objectives of the community as determined by the elected officials of the local governments. It should not be interpreted to mean that the Planning and Zoning Commission Page 2 of 4 Public Hearing Item VI -F and staff in carrying out their planning responsibilities, also assume responsibility for social and economic planning. To be effective in its primary purpose, establishing the policies for determining appropriate land uses in the plan area, the general plan must focus on the main issues and the "big ideas". The plan document should not include too many details that would obscure or distract attention from the major policies and the major physical design proposals. The plan is intended to provide a general picture of the locations and sizes of the major physical elements of the planning area and to indicate the desirable relationships between them. The plan is a schematic guide, and not a map or blueprint. The general plan must be distinguished from those specific and detailed documents which are intended to implement it, such as the zoning ordinance, subdivision regulations, development plans, and the capital improvements priority and financing programs. Comprehensive planning represents a constitution for land development. It establishes the principles upon which community development is to be based, the ultimate size of the community, the placement of facilities, the distribution of uses and ideally, the timing of development and the mechanism for financing the development of infrastructure. Although given less attention, comprehensive planning requires that the internal planning elements be consistent with each other. Internal inconsistency will be present where insolvable problems are presented and not effectively integrated with the land use plan. The preceding paragraphs provide some philosophical context to the process that we are currently engaged in. Because staff is not fully aware of the physical circumstances of the community and indeed do not have any site information for the subject rezone parcels (other than some photos of the main structures) it is not possible to make a definitive recommendation on the each case prior to this special meeting. Rather than present only half of the picture, based only on the plans and codes available to staff in Kodiak, staff is recommending that this opportunity to travel to Larsen Bay be used to the fullest to obtain the needed physical, social and economic information. Staff has provided an additional attachment with certain code information that is being considered in addition to the various planning documents. With regard to a formal recommendation, the comprehensive planning maps provide a general guide to achieving the stated goals and objectives in the plan. When the plan map indicates commercial, that could be the requested B -Business zone, or it could also be the RB -Retail Business, or the UNC -Urban Neighborhood Commercial zones. Where the plan map indicates mixed use, that could mean the preceding commercial zones or it could also mean the R1 -Single-family, R2 -Two-family or R3 - Multifamily zones, amongst other code options. Gathering the physical, social and economic information from the community will help to determine which zones present the most appropriate solution for the community. The additional attachment also contains information about various forms of transient accommodation. Although the term lodge is used fairly loosely to mean a transient accommodation serving a tourism related clientele, there are many other forms of transient accommodation permitted under the zoning code that may also provide for similar services in a scale consistent with the surrounding development context and community needs. This includes hotels, motels, bed and breakfasts, boarding houses, single -resident occupancies, etc., to name a Page 3 of 4 Public Hearing Item VI -F few. In the final staff report, staff will try to reduce this information to a matrix for easier (and briefer) presentation purposes. RECOMMENDATION Staff recommends that the Commission hold a public hearing in Larsen Bay for each of the currently pending rezones, in addition to making their own first hand observations of the physical, social and economic conditions in the community. In order to process this information and integrate it with a future staff analysis, staff recommends that action on these cases be postponed until the next regular meeting at which time staff anticipates making a final definitive zoning recommendation for each pending case. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to postpone action on Case 08-022 until the June 18, 2008 regular meeting of the KIB Planning and Zoning Commission and schedule the case for another public hearing at that time. Page 4 of 4 LARSEN BAY POPULATION 1982 to 2007 250 200 150 100 50 0 POPULATION 19821983198419851986198719881989199019911992199319941995199619971998199920002001200220032004200520062007 POPULATION Cam Number 03011 03-011 03-011 03-012 03,016 03-018 084111 08-022 legaloecriptIon tenon 133yT4m3te,Tratt A Block 1, Lott1.3 Larsen Bay TOwnsite,Tna A 81042, bnl,lA and li Larsen (My Towns be, Tract A 81ock 3, Lots and] Larsen BayTOwntl04 Tract A, Stock 7, Leta and Block 8, Lou 3, 4 and 5 lona Ray Tomtits, Tract A Mock 19, Lot Larsen aayTawnaite, Iran Code 16, tot 10 Larsen B4YTownslte, Tract A @NMS, tot Larsen OayTownsite, Tract &M 16, Lot11 Jtontu_zfSnryr Larsen Bay lodge Complee Vacant Walt ivy lodge Kodiak Chatters Woe Unknown Unknown Yta4 %ediak Loge .. Teresa timing Payment ot &flaxno[hooky ofla) ,Unknown NA Unknown UNmwvn Unknown Unakown Unknown UnNprn 00roulh Land Assessed Value 03Y1007) 1011-$10,000 LOU- $10,000 Lot 3-$33600 tot1-53460 Lot 1A-55,200 LMS -$10,000 Lot 1-$3,800 Lot 4-530,000 Wt 1.510,000 tat 2-54,800 tot 3-$3,500 tot443,500 Lot 5-$3,200 )W) Lot 4-53400 Into -$5,300 Lot 10-56.300 Wt3-$3800 tot 12 -510,000 Borough Building Assessed Value 1311007) Lot1-$114300 U0[5.5040(Vacant) Lot135148,600 lot 1-30.001Vaontl Wt 1A-50.00 (Vacant) Lott-60.00(Vacant) t03-50.00(Vacant) 1.004-50.00(Vacant) UN1.5208,300 Lot 2-$0,0)Vacnt) Lot3 -$27,500 Lot 4 -$0.00 (Vacant) 1305-50.00 (Vacant) 787) Lot 4-$36,700 L034472,600 Lot 10 -533,600 I0t 3-$0.00(Vacant) Lot 12-$106,400 Pty Sala Tax unknown NA Unknown unknown Unknown Unknown Unknown Unknown G5mafun Grandfathered Structure(*) or use 7 Maybe NA No Na No No NA No Zoning Compliance i No NA No Unknown Unknown No NA No Original Building Ensign Category (Lodge, MG SFR) liendent4l and IMAM None lodge SLngloram11y Reddenoal (Megan, tat 4, Blk T and one 108 cm Lot3,131k8 SlrtanlOyResldenlal Lad4e NA lodge Provide XuntingSer 1607 '300 NA Yea Unknown Unkrbm Unknown NA Unknown Provide FinigSeMo,7 Tea NA Yea Yet Unknown 0X3awrn NA Unknown PrwWeCtherStrikes 7 Unknwn NA UMnOwn Unknown 0,4,0,, Unhrv..r NA Unknown 00110053(ee Served byctyWater and Sewer Tea NA Yts Yes O0yWaterONGOnike WastewaterdtpanaI City Matra- Only; OniiOO Wastewater Disposal Yui Yos OVaw0NY. keptkarum ntensitewastewater disposal Water and Sewer Rate NA NA Sorted byCty Power Yes NA Yea Yes an Yea YLs Yes Pacifica! Power Rata NA NA Served by Ory Garbage Yes NA Yea Yes MY Ya YeS Yes NA Yeast menn AlaskaBusiness Ouslnee Ueeme yes NA Vas 303 Unknown unknown NA Yes BULneshal 111508 Linen Bay 40w.ntures, LLC len odge INC nlurtS 308639 403038 Say Unknowdy Lodge INC 9071320 kBoyd[ Kodiak gaerprs lodge NA CURbonen 00010k Lodge at Larsen Bay LTD Fbp Marshal RevNumbu Unknown NA Unknown unkno Unknown Unknown Unknown NA Unknown Permit Fire Manbal Pemlt NO. ' 05400.0 NA Unknown Unknown Unknown Unknown NA Unknown RarovorReoWmnenry Zoning Wmp6ane0Pt0Mt Ne NA NO No Ne No NA Na oornoghTaa PaWlatwr Pend Cie Bu0CmgHekM Vuk}Unkmmvn NA Unknown Unknown Unknown LM6.ar NA Unknown Ac&4RS0eery No NA 005 N0 No .W No fommunMReneft, owner Mee in Larsen Bay l Unknown 714 Unknown Unknown Unknown Unknown No Na Lodging Use Nin kcal Employees 7 Unknown NA Unknown Unknown Unknown Unknown NA WMown femprtMnswe Mon Inver Comprehensive Plan Designation Mhe4 Commerdil/Wate tOOV/ReSWentlal Lots 3 and 1A- Res identNl; Lott2 and 3 -Commerdal; lot 4- Residential Residential Mixed Commerdal/Water0ont/Reidenual Commercial Commercial Rmldamlol Commercial KODIAK ISLAND BOROUGH • COMMUNITY DEVELOPMENT DEPARTMENT 710 MW Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -F A public hearing will be held an Wednesday, May 9, 2608, The meeting will begin at 7:30 p.m. in the City of Larsen Bay Office, Larsen Bay, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 08-022 APPLICANT: Don J. Masehmedt REQUEST: A rezone, in accordance with ItlI3C 17.72.030.C, (Manner of Initiation) for Larsen Bay, Tract A, Block 3, Lot 3 RI -Single Family Residential B - Business. LOCATION: 105 Second Street, Larsen Bay ZONING: RI -Single Family Residential This notice is being sent to you because our records indicate you arc a property ownedinetrested 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 is a letter to the Community Development Department pmor to the meetipg. If you would like to fax your comments to us, aur fax number is: (907) 486.9396. If ygu would like to toffy via telephone, please call in year comments during the appropriate public hearing section of the meeting. The local ca0•la telephone number is 4863231, The toll free telephone number Is 1-800-478-5736. Kodiak Island Borough Cade provides you with specific appeal rights if you disagree with the Cotmnission% decision On this request. If you have any questions about the request or your appeal rights, please feel free to call ns at 486.9363. ) 1 gilt A 1� 14 Your Numn �'v F?PrSCi"1 6-r tduinog marts- gilt 4 alr-it ,IUe.Sr�t �1%a •Your vroptrtydettripdoa:/< T 1tIR 1 nac., tom^ �/� AEAi"Jrt r© (�� `l�l�{� ]©.`] cemmrup: OP' P I{ kc r -t 11 0 —r't � P kcPe.IC �} 1 i I J (e7 A. i T+ R --r "i 11`-r 1 r r t -(DA -S el a 1`13(...•-, ti --s Er) As A ('-,(l p.ST L.Ic r.3 , (ir± j4AJ te en)3 .re, 4-rF p -n-hs Amn4aTR•ry cu. I.ra 1R9 -Y Arm R_ Qu.es,-r Lni-c2. 'MA f04cPi=st•'l i- Pine 1'1 P 4 Fr) SY LrMk I\F}) �F - A tQn n r»3 -roof) s .--7-4is L-CJ RwPFArY is) AS .1 P,IQ.riET-I t2Sera}r /1'IJ't� r_ GteiCr Ate. A r EtrA<n-, L 00 i5 z .3cn- osnr t e&'r 5 i, R (.0 r r't+ Pr shy e. S (arThR1.''ri--'rPA_ 1Dt_C c L t/.ri6s• Z0 39Vd S3IVIOOSSV 1U3IN-IOSVW 9060P9Z9Z12 ZP:OT 8002/EZ/60 04/24/2008 11:08 4252640906 MASCHMEDT ASSOCIATES KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPAR 710 Mill Bay Road, Kodiak. Alaska 99615 • PAGE 01 lic }Ieari PUBLIC HEARING NOTICE . A public hearing will be held on Wednesday, May 9, 2008. The meeting will begin at 7:30 pin. in the City of Larsen Bay Office, Larsen Bay, Alaska:before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 08-022 APPLICANT: Don J. Mascbmedt REQUEST.: LOCATION: -- --ZONING: A rezone, in accordance wi Larsen Bay, Tract A, Block Business. 105 Second Street, Larsen Ba - RI—Single-Family-Residential C 17.72.030,C, (Manner of Initiation of 3 R1 -Single Family Residential Sg 0- €ft"1-R 1, $ R 3 Lt `f This notice is being sent to you because our records indicate you ore a properlyowi7ter 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 prior to the mating. If you would idle to fax your comments to us, our fax number is: (907) 486-9396, Ir you vieuld 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 li 486-3231. The toll free telephone umber is 1400-478-5736, Kodiak Island Borough Code provldea you with specific appeal rights if you disagree with the Comnilesion's decision an this request If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. 1 � Yam Mum, ! tJ 1''-'jpr5CJ4 i'--('!✓�(]'j" Mailing Add reac:� T— / cr&rOt� A 4Si ¢ Your propertydexrtpeosjQjlihf L 01542 comarcab, UJ» pct•kr'.NR`,t=to —7-4Ic, PRo4a P.1" •I 43 OF? Lot A -re, A•r --"t i --f F -r- t-e9A-s to rl -, tA-$ ES) A S -4 (Z'st, :T Lo n4,,c.. u_9 /--VA P 4-)PIP., &ref, 0 THIS nPra key 5I b.\-' e Ic'741 M A C' uOsr LrVKZ e ry •!al Cas' s Y :K (Lszt-y C0 F- A Roftn C»3.t-° SLID fr((•is c 2 f 1'7 ti 4 P -r.}-i C3 t'S tES 1%--)F--iPrL..- lt4.1E. t .t'_.IK3E7 ' 12. KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, April 16, 2008. The meeting will begin at 7:30 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: APPLICANT: REQUEST: LOCATION: ZONING: 08-022 Don J. Maschmedt A rezone, in accordance with KIBC 17.72.030.C, (Manner of Initiation) for Larsen Bay, Tract A, Block 3, Lot 3ofT » R1 -Single Family Residential jp B - Business. 105 Second Street, Larsen Bay R1 -Single Family Residential This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486-9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting, The local tali -in telephone number is 486-3231, The toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, April 9, 2008, a work session will be held at 7:30 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. �j Your Name: / /E / /Y t - (, c$/ Moiling Address: AO Id? 7J 644.5-€4/4.0)(AC n Your property description: /flkss'/4Ay T7. A ,11K 3 era c...4: 1715 car /S i.c3Gdl"Gt7 &J/r4/ ,€4S/Gflr'Y/7'&wsr) Amy reA..,4e<r44_, iiii/ck/tet me nN/S i 1 4 Al too.c4..Q ZVr746'1 6JJrc.bYvs aX car -3 egad. TNE/CE /S /14.7e,414 0 y ,5EwJE/t Pieog<fa.(.S rk TNF /f/17, 47&Dcic /QQc.J S t,3AyE /3 ,c/ 6oz2 ©a/ l23/ of T� 62o)NQ F+v, /6:240i o/c Go406F ANO /) Yelf< 4'i4V GO©d6, A I& LE/k.JE 1416/< F.u./,y Le/464/ride . Pi/.f/S-d&W/N6 C1✓ -is 7&y ,uWEOs ria Atol<Eacc /// NAy . % %WE/c- &/4t4'v 7*)' Ueda-- ECEn 12008 D APR - 9 I1 1 COMMUNITY DEVELOPMENT DEPARTMENT KODIAK ISLAND BOROUGH - COMMUNITY UtVtLurlvW CPA f I.CrrtnI 710 Mill Bay Rd., Room 205, KODIAK, AK 99615-6398 (907) 486-9363 - FAX (907) 486.9396 wnw. klb,co. kod iak. ak, us Applicant Information l n'IL\ 1'4A Sc t+F->>- Property owner's name 04i-PnuOE.1.. -N g StJ -*ILD Property owner's mailing address S) A1tJl•3 ICP Q$©S—J city State zip (;s `f?4o-7') 45 (4& t4 - ©9'/ Home phone Work P one E-mail Addr. rk iwncaattic( f,rc"... Agents name (If applicable) Agent's mailing address State ' Zip Home phone . Work Phone E-mail Addr. Property Information P57pon.?irfl'5fl party ID umbeNa fic 1 �rRsE tJ b T f4, A k 3 L1 3 Legal Description II f Current Zoning: Re I Cif nT i ci Applicable Cotnprehensive Plan: Year of Plan adoption: Present Use of Property: (_QEV.i IJI-�'aYcetS-• -tP.I1� to l oc i-sh.�cf) Pro , ye° S. PT, Proposed Use of Property:. .. . v-PS1�•2r``-k-1•Q \. j(LSI bass, 4n te,m l�_t� c -nn. (rI It -k• hen �� l rt :P.rCar�nn.�iC r. 1(a 1 (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Appljoant Certification . 1 hereby certify as the property owner/authorized agent that this applioatlonfor Planning and Zoning Commission review Is true and complete to the best of my knowledge and that it is submitted in accordance with the requirements of the applicable Kodiak island Borough Code, which includes a detailed site plahl for variance and conditional use requests and which may include optional supporting documentation as indlcated.below. _ Additional Narrative/History As -built Survey Photographs Maps other 'l PPM arty Cwner's.SIBnature to , Authorized Agents Signature Date 'A development plan tor pne or more lots on which is shown the existing and proposed conditions of the lot, Including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of Ingress and egress; circulation; utility services; stntcturea and buildings; signs and lighting; berme, buffers, and screening devices; surrounding development•, and any other information that reasonably may be required In order that an Informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, ®1993 by Rutgers University) STAFF USE ONLY Code Section(s) Involved: 0-, a. l i• 2t FICASR • FWCASH Variance (KIBC 17.66.020) s25o.002(al/2t 3 9:48:43 Conditional Use Permit (KIBC 17,6i4r'rr= ji$250ZOONG Other (appearance re•;;sts, sit:. vle etc. $150.00 Zoning change from A ._j'' Kfstu1 T.72.030 and 030.C)• 3190 :n Pard in Full *** Kodrak Island Borough x�c•i� i'( Y.G1a 486-9524 Application recelved by: Staff signature PAYMENT VERIFICATION FlCRt1I FIG 2/2:/2 G'920 1815 LO 39t/c1 S31VIOOSStr 1CBN1-1DSeti S3a"U,d(: S750410 kneVerui4moinib:nl* Sf.2Wl,ee Mesial' island, *trough Hodtak 995I5' (991) 486-93?4 • Og -022 CL80-T9E-964 IT ;PT 8004/TT/t.0 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 R1 -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. 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 R1 -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 of Initiation) of Larsen Bay, Tract A, Block 3, Lot 3 from R1 - 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. May 9, 2008 P & Z Commission Special Meeting Minutes Page 7 of 9 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. 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 Katelnikof requested 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 May 9, 2008 P & Z Commission Special Meeting Minutes Page 8 of 9 NOTE TO READER: ITEMS THAT HAVE A INDICATES EXISTING CODE LANGUAGE THAT IS PROPOSED TO BE DELETED. UNDERLINED LANGUAGE IS NEW LANGUAGE THAT IS PROPOSED FOR INSERTION. ALL OTHER UNMARKED LANGAUGE IS EXISTING CODE THAT IS PROPOSED TO LEFT UNCHANGED. 17.06.055 Bed and breakfast (B&B). "Bed and breakfast (B&B)" means overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation. The operator of the B&B must reside on the premises and the maximum number of rooms that can be rented out is five (5). A Bed and Breakfast must provide 1 additional parking spaces beyond the normal requirement for a single family dwelling unit for a two room use; 2 additional parking spaces for a three — four room use and 3 additional parking spaces for a five room use. (Ord. 93-66 .3, 1993). Premises. "Premises" means a lot, together with all buildings and structures thereon. 17.06.310 Guest room. "Guest room" means any room in a hotel, dormitory, boarding, bed and breakfast or lodging house used and maintained to provide sleeping accommodations for not more than two (2) persons. Each one hundred (100) square feet or fraction thereof of floor area used for sleeping purposes shall be considered to be a separate guest room in a large common area sleeping arrangement. (Prior code Ch. 5 subch. 2 .9B(part)). 17.06.330 Hotel. "Hotel" means any building or group of buildings in which there are six (6) or more guest rooms used, designed, or intended to be used for the purpose of offering to the general public food, lodging, or both, on a day-to-day basis. (Prior code Ch. 5 subch. 2.9B(part)). 17.06.060 Boardinghouse. "Boardinghouse" means a building other than a hotel with not more than five (5) sleeping rooms where lodging, with or without meals, is provided for compensation for three (3) or more persons, but not exceeding fifteen (15) persons, on other than a day-to-day basis and which is not open to transient guests. (Prior code Ch. 5 subch. 2 (9B(part)). 17.06.220 Dwelling unit. "Dwelling unit" means one (1) or more rooms and a single kitchen in a dwelling designed as a unit for occupancy by not more than one (1) family for living or sleeping purposes, and in which not more than two (2) persons are lodged for hire. (Prior code Ch. 5 subch. 2 .9B(part)). 17.06.355 Lodge. "Lodge" means a building or group of buildings containing both rooms and dwelling units available for temporary rental to transient individuals or families. The types of activities supported by a lodge may include, but are not limited to, fishing, hunting, wildlife photography, and viewing, and passive recreational activities. (Ord. 93-66.3, 1993). 17.06.430 Motel. "Motel" means a group of one (1) or more detached or semidetached buildings containing two (2) or more individual dwelling units and/or guest rooms, designed for or used temporarily by automobile tourists or transients, with a garage attached or parking space conveniently located to each unit, including groups designated as auto courts, motor lodges, or tourist courts. (Prior code Ch. 5 subch. 2 .9B(part)). 17.06.455 Recreational cabin. "Recreational cabin" means a structure occupied on a temporary or seasonal basis by a group of people meeting the definition of family. This use is usually associated with remote areas. (Ord. 93-66.3, 1993). 17.06.495 Single resident occupancy. A single resident occupancy or single room occupancy (SRO) is a housing type consisting of one (1) room with or without cooking facilities and with private or shared bathroom facilities. A SRO is also a commercial building similar in use and function to a hotel or apartment building (e.g. multiple family dwelling) composed of eleven (11) or more studio apartments or rooming units that are available for rent for periods of seven (7) days or more. (Ord. 96-01.3, 1996). 17.06.Vacation Home. "Vacation home" means a one -family dwelling unit that is rented or leased in its entirety for periods not to exceed 30 days in length. 3.30.280 Definitions. A. As used in this chapter the following definitions shall apply: 1. "Accommodations" mean a structure or portion of a structure which is occupied or intended for occupancy by transients for dwelling, lodging, or sleeping purposes. This term includes hotels, motels, tourist homes, houses or courts, lodges, lodging houses, inns, rooming -houses, hostels, trailers, bed and breakfasts, dormitories, charter boats, cabins, tents, or other temporary structures. This term does not include any hospital, medical clinic, or nursing home. 10. "Transient" means a person who occupies or rents and has available for the person's own occupancy or occupancy by any other person any type of accommodation for fewer than thirty (30) consecutive days. An employee who occupies or has available for fewer than thirty (30) days a suite, room or rooms rented or leased for more than thirty (30) consecutive days by an employer for use on a rotating basis by employees is not a transient. (Ord. 2000-06 .2(part), 2000; Ord. 96-19 .3(part), 1996). Chapter 17.03 GENERAL PROVISIONS AND USE REGULATIONS` Sections: 17.03.010 Application of provisions. 17.03.020 Conformity with regulations required. 17.03.030 Alteration or erection of structures. 17.03.040 Yard or open space limitation. 17.03.050 Approval by planning and commission. 17.03.060 Zoning compliance. 17.03.070 Building permit and conformity to zoning. 17.03.080 Uses prohibited unless authorized. 17.03.090 Similar uses may be permitted. 17.03.100 Airport regulations. 17.03.110 Bed and Breakfast, Lodges, motels and hotels Prior to the beginning of any of the following uses a copy of the certificate of registration for the transient accommodation tax must be submitted to the Community Development Department and a certificate of zoning shall be issued for any of the following uses: Bed and Breakfast, hotel, motel, lodge, etc. If the proposed use complies with the criteria for exemption to the transient accommodation tax (Section 3.30.040 of Title 3 of the MB Code), then a certificate of exemption (Section 3.30.060 of Title 3 of the MB Code) shall be provided to Community Development staff. ZONING DISTRICT B&B HOTEL BOARDING HOUSE LODGE MOTEL RECREATION CABIN VACATION HOME W - Watershed District WH - Wildlife Habitat District NU — Natural Use District P C— Conservation District P P— under 6 C— over 6 P P LI — Light Industrial District RB — Retail Business P P P RD - Rural Development District P C — more than 15 guest P P RNC - Rural Neighborhood Commercial District P P P RR2 - Rural Residential Two District P P RR - Rural Residential District P P RR1 - Rural Residential One District P C P R1 - Single -Family Residential District C C R2 - Two -Family Residential District P P R3 - Multiple Family Residential District P P P B - Business District P P I — Industrial District PL - Public Lands District UNC - Urban Neighborhood Commercial District P P SRO - Single Resident Occupancy Standards Mr. Don J. Maschmedt 941 Powell Ave. SW #150 Renton WA 98057 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us ary 15, 2008 Re: Case 08-022. Request a rezone, in accordance with KIBC 17.72.030.0 (Manner of Initiation), for Larsen Bay, Tract A, Block 3, Lot 3 from R1 -Single Family Residential to B -Business. Dear Mr. Maschmedt: The Kodiak Island Borough Planning and Zoning Commission at their special meeting on May 9, 2008 denied your rezone request cited above. The Commission will take final action on your request at their June 18, 2008 regular meeting when they will be adopting their Findings of Fact. Findings of Fact are the commission's formal justification for the action taken. According to KIBC 17.72.055. B If the planningcommission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. For clarification, that 10 day appeal period begins once the commission has approved their Findings of Fact on the case. Should you choose to elevate the Commission's decision to the Borough Assembly, a $150.00 appeal fee is required along with your written statement, Should you have any questions about the procedure, please call the Community Development Department at 486-9363. Sincerely, %SC Bud Cassidy Director CC: Rick Gifford, Manager Nova Javier, Borough Clerk Current Locati. P & Z Case # 08-022 Maschmedt, Don J. Request: A rezone, in accore ce with KIBC 17.72.030. C (Manner of Initiation), for Larsen Bay Townsite, Tract A, Block 3, Lot 3, from R-1 Single Family Residential to B - Business. w Feet 0 1,000 2,000 I 1 I Legend Subject Parcel, Tract A, Bk 3, Lt 3 Parcels Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005, Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information.USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1.63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to-date. Kodiak Island Borough Community Development Department. Current Zoning Request: Rezone from R-1 SFR to B -Business Larsen Bay Rezone Requests Eighteen (18) total parcels Agent: Multilple Feet 0 1,000 I I I 2,000 Legend Subject Parcels, 18 Total Business Conservation Industrial Light Industrial Natural Use Public Use Single Family Residential Two Family Residential Multi Family Residential Retail Business Rural Residential Rural Residential 1 Rural Residential 2 Split -Lot Zone ti Map prepared for the purpose of showing the Zoning of the Kodiak Urban area. June. 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads. Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computenzed property records in the Assessing Dept. This data has not been reconciled with data contained in manual foes which may be more up-to-date. Kodiak Island Borough Communily Development Department. Public Hearing Item VI -F MEMORANDUM DATE: May 8, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the May 9, 2008 Regular Meeting CASE: 08-022 APPLICANT: Don L Maschmedt REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A; Block 3, Lot 3 from R1 -Single-family Residential i9 B -Business LOCATION: 105 Second Street, Larsen Bay ZONING: R1 -Single-family Residential Thirty (30) public hearing notices were mailed on April 18, 2008. Date of site visit: August 2003, May 2008 LARSEN BAY REZONE UPDATE It was anticipated that a complete staff report could be presented in Larsen Bay for the May 9th special meeting of the KIB Planning and Zoning Commission. Although it was not certain that the Commission would render a decision at this meeting, staff had hoped to present a fairly complete picture of the circumstance of each request to supplement whatever public hearing input was gathered at this meeting. Unfortunately, staff is lacking substantial information pertaining to the individual properties such as building locations, number of guest rooms, seasonal activitiy dates, etc., which are necessary to determine the relative impact of the use on the surrounding properties and the community as a whole. Staff is also anticipating additional information from the City of Larsen Bay regarding utilities and transient accommodation taxes which may also help to describe the level of activity relating to each lodge in Larsen Bay. While it was fully expected that this special meeting would also provide an opportunity for first hand investigation, by staff as well as by the Commissioners themselves, it was hoped that we would be further along with the analysis. The following paragraphs describes generally where the process is at this time. Staff has access to both the 1984 Larsen Bay Comprehensive Nan as well as the recently adopted 2008 Kodiak Island Borough Comprehensive Plan Update. In particular, staff has Page 1 of 4 Public Hearing Item VI -F focused largely on the newer plan because it has a wide range of goals and policies that address where the Larsen Bay community is today. The newer plan recognizes the existence of the 1984 plan however, which is still an adopted plan for the community that can provide guidance in areas not covered or superseded by the newer plan. For this reason, staff has provided the relevant goals and policies for both plans as part of this progress report. In the final staff analysis this information may simply be referenced in the text in order to keep the final report to a reasonable length. In addition to the adopted borough plans, staff is also considering the goals and objectives of the Larsen Bay Community Plan that was adopted by the local community in 2004 Although lacking a specific land use component, the plan contains an excellent vision of the desired future expressed by Larsen Bay residents. This plan, although not a borough sponsored plan, had a high level of local participation and was very good at assisting the community to reach consensus on issues important to the community. In addition, this plan made an effort to involve community residents of all ages. Staff expects to draw heavily from these plans and will try to highlight those goals and objectives which appear to be most relevant. In particular, the final staff report will draw heavily on the following chapters of the 2008 KIB Comprehensive Plan Update, Population, Local Government, Economy, Housing, Transportation, Public Services and Facilities, Parks and Recreation and Environmental Quality. The Larsen Bay section in Chapter 11 of the 2008 plan will likely be copied with the staff reports as well as the Larsen Bay Goals and Objectives contained in Chapter 12. As the 1978 Kodiak Island Borough Regional Plan and Development Strategy states, "without goals planning is aimless; it can accomplish very little other than bring to light problems and needs but cannot arrive at solutions." The document goes on to say that "It is important for the decision making bodies to be aware of public desires and the degree to which they conflict with factual data so that the finally adopted goals and objectives can accommodate to the greatest extent possible the perceived needs of the public as well as the actual situations as they exist." Comprehensive, as defined by urban planning practice, has three specific meanings: (1) It means that the general plan should deal with all of the essential physical elements of the urban environment within the boundaries of the contiguous planning area; (2) it means that the general plan should take into account the development trends in the larger geographic setting within which every city and/or borough is situated; and (3) it means that the general plan should be consciously related to the social and economic forces that it proposes to accommodate and that are themselves bound to be affected by the scheme for physical development expressed in the plan. Comprehensive means that a general plan for physical development, to be a logical, reasonable, and useful plan, must recognize and define its relationships with the physical and nonphysical, local and regional, factors that will affect the physical growth and development of the community. The quality of comprehensiveness means that it must be recognized at every stage of plan preparation and plan use, that a plan for physical development is an expression of the social and economic objectives of the community as determined by the elected officials of the local governments. It should not be interpreted to mean that the Planning and Zoning Commission Page 2 of 4 Public Hearing Item VI -F and staff in carrying out their planning responsibilities, also assume responsibility for social and economic planning. To be effective in its primary purpose, establishing the policies for determining appropriate land uses in the plan area, the general plan must focus on the main issues and the "big ideas". The plan document should not include too many details that would obscure or distract attention from the major policies and the major physical design proposals. The plan is intended to provide a general picture of the locations and sizes of the major physical elements of the planning area and to indicate the desirable relationships between them. The plan is a schematic guide, and not a map or blueprint. The general plan must be distinguished from those specific and detailed documents which are intended to implement it, such as the zoning ordinance, subdivision regulations, development plans, and the capital improvements priority and financing programs. Comprehensive planning represents a constitution for land development. It establishes the principles upon which community development is to be based, the ultimate size of the community, the placement of facilities, the distribution of uses and ideally, the timing of development and the mechanism for financing the development of infrastructure. Although given Tess attention, comprehensive planning requires that the internal planning elements be consistent with each other. Internal inconsistency will be present where insolvable problems are presented and not effectively integrated with the land use plan. The preceding paragraphs provide some philosophical context to the process that we are currently engaged in. Because staff is not fully aware of the physical circumstances of the community and indeed do not have any site information for the subject rezone parcels (other than some photos of the main structures) it is not possible to make a definitive recommendation on the each case prior to this special meeting. Rather than present only half of the picture, based only on the plans and codes available to staff in Kodiak, staff is recommending that this opportunity to travel to Larsen Bay be used to the fullest to obtain the needed physical, social and economic information. Staff has provided an additional attachment with certain code information that is being considered in addition to the various planning documents. With regard to a formal recommendation, the comprehensive planning maps provide a general guide to achieving the stated goals and objectives in the plan. When the plan map indicates commercial, that could be the requested B -Business zone, or it could also be the RB -Retail Business, or the UNC -Urban Neighborhood Commercial zones. Where the plan map indicates mixed use, that could mean the preceding commercial zones or it could also mean the R1 -Single-family, R2 -Two-family or R3 - Multifamily zones, amongst other code options. Gathering the physical, social and economic information from the community will help to determine which zones present the most appropriate solution for the community. The additional attachment also contains information about various forms of transient accommodation. Although the term lodge is used fairly loosely to mean a transient accommodation serving a tourism related clientele, there are many other forms of transient accommodation permitted under the zoning code that may also provide for similar services in a scale consistent with the surrounding development context and community needs. This includes hotels, motels, bed and breakfasts, boarding houses, single -resident occupancies, etc., to name a Page 3 of 4 Public Hearing Item VI -F few. In the final staff report, staff will try to reduce this information to a matrix for easier (and briefer) presentation purposes. RECOMMENDATION Staff recommends that the Commission hold a public hearing in Larsen Bay for each of the currently pending rezones, in addition to making their own first hand observations of the physical, social and economic conditions in the community. In order to process this information and integrate it with a future staff analysis, staff recommends that action on these cases be postponed until the next regular meeting at which time staff anticipates making a final definitive zoning recommendation for each pending case. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to postpone action on Case 08-022 until the June 18, 2008 regular meeting of the KIB Planning and Zoning Commission and schedule the case for another public hearing at that time. Page 4 of 4 LARSEN 3M POPULATION 1982 to 2007 250 200 150 100 50 0 POPULATION 19821983t98419851986198719881989199019911992199319941995199519971998199920002001200220032004200520062007 -4— POPULATION Case Number 03-011 03-011 03011 03-011 03-016 03018 03-011 08-033 Legal Description Larsen Day To .io04e, TIAN A. mod 1, low 83 Larsen Bay Yeomen Tract A. Nock 2, lots LLA and 2-4 Lawn Bay Townsltghatt0. Nock3, Lots and loosen Say Townsiae, Tract A., 0)ock T, Line -and Ofock B. tow 3,4 and 5 Larsen Bay Townsite, Tract A, Week 33, Lot," Larsen DayT040310e, Tem A. Nock ie. lot 10 Linen BayTownslte Tran 3. 01odt3, OMR Larsen Say100081te, TranA, Bleck 1&tot 12 tanenOay large Canpfex Vacant Vyak Baylor-0W kodlakOurten lodge Unknow Uoknawn IMi Kodiak lodge pY118711/38-0tolot Tax el 0 tenses Rayons? of0edTq no theatre IS) Unknown NA Unknown uokwwn Unknown Unokown Unknown Unloosen no rough Land Assessed Value (rv2007) 1011-$10.000 Lot 1410,000 lot 3.535,600 lot 1-58800 8311A-55,300 tot 1-$30,000 lot1-53,800 lot 4-530,000 tot 1.510.000 Int]-54,000 lot 3-53,500 1014-53,500 IMO 43,200 (87) Wt4-$3,400 Lot 4.55,90o Lot 10-$6,300 1013-53,000 Int 12-510,000 Borough Building Assessed Value x70007) Lot t.5188,300 Let i-5000 (Jaunt) Lot 3-5140600 lot 1-$0,00 (Vacant) lot 1A-5000 (Vacant) Lon -5000(Vacant) Lot 3-$0.00 )Vacant) Lot 4-$0.00 (V933n0) 1001-5709,100 1011.3000(Vacant) 1003-517,500 Lot O-$0.00 (Vacant) lot 5-$0.00 (Vacant) 337) Lot 4 - $36,700 1004.573,600 lot10 -533,600 4013.50.0 (Vaono) Lot 12 -5106800 OtySales Taal Unknown NA Unsown Unknown Unknown Unknown Unknown Unknown SNurrvn Gnndeathered stmqure(s) or use? Maybe NA 010 No No No NA No Zoning Campllonce? NO NA No Unknown Unknown No NA Na Onglna) Bullding 0eslgnCategory Itadge, 06O50R) Residendatandlodge None lodge ?Ingle-holly Residential (One 50R an Lot 4, Bile /and oneSFROn tot 3, 61k 8 SN0BliefomOy Residential Lodge NA twice efoideNuvin850ntes 7 Yes NA Yes Unknown Unknown Unmown NA Unmown PfovIdefishhg Setons 7 tta NA Yes Teo UnOOOvin Unknown NA Unknown Prodd00ther 5akus 7 unknown NA Unknown Unknown Vnkonwn Unknown NA Unmown COVSnotnn Served by CtyW terand Sewer? Yes NA Yes Yes CilyWNuOnly; Ooa1Ae Wastewater 0imesal OtyWaterOnly;Onn(a Wastewater Disposal Mos Tes Malmo*, aeptk system format wastewaten disposal) Water and Sewer Rate NA NA Served by Gy Power Yea NA Yea Tea Ytl Yea Yes Yes Electrical Power Rate NA NA Sento by Ory Garbage Tea NA Wm Yea 000 Yes Yes Tes NA Liam R 9ane33U Alaska Business License 727 NA yet Yea Unknown Unknown NA Yes 8isiMaoame Number 401508 Linen Say Adventures; Ltd: Adventures; 308639 40nenBayLinen Lodgay e INC LodgelNC U0kno7Uyek Bay LIC Unkno3Kodiak 0nnenlWge NA a0diak 100bdleat Larsen Larsen Bny LTO fire Mahal Review Unnowty Unknown NA Unknown Unknown Unknown unknown 0)4 Unknown Fire Marshal Permit No. unknown NA Unknown Unknown Unknown unknown NA Unknown potwooh 4eor4Tim: Zoningeanpilanc0 Permk 40 NA NO No NO 010 NF No RonotoditaxPolcITY2007 Partt35iae OUOdng Neigh VannAVMoown NA Unknown Unknown Unknown Unknown 004 inimwn AYBudt Survey Np NA NO Ne NO NO N4 fommuMM&one tt Ownetlive N Linen Ray 7 Unknown NA Unknown Unknown Unknown Unknown NO No Lodging 11. NlreWnl Employees? unknown NA Unknown Unknown Unknown Unknown NA Unknown rompnMOSlve Plan /mei Comprelfennh2 Plan 0es0na0on Mixed Commer0bl(WewRront/Realdentlal Lots 1 and IA-Residential; Lon 3 and3-Commercial; lot 4- Residential ResldeoOa) Mod Gnmerdal/Watvhant/Resldendal Commercial Commercial Rwldentlal Commercial h KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 M.01 Bay Road Kodiak, Alaska 99615 Public Bearing Item VI -F A public hearing will be held on Wednesday, May 0, 2008. The meeting will begin at 7:30 p.m. in the City of Larsen Bay Office, Larsen Bay, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 08.022 APPLICANT: Don I. Maschmedt REQUEST: A rezone, in accordance with HIBC 17.72.030.C, (Manner of Initiation) for Larsen Bay, Tract A, Block 3, Lot 3 fiom R1 -Single Family Residential B - Business. LOCATION: 105 Second Street, Larsen Bay ZONING: R1-$inglc Family Residential This notice is being sent to you because our records indicate you ere a property owner/inlarested party is the arca of the request. If you do net wish to testify verbally, you may provide your comments in the space below, or in a letter to the Completely Development Department utht to the meeting. If you Weald like to felt your comments to us, oar hoc number is: (407) 486.9396. if you would like to testify ria telephone, pleuro can in your comments during the appropriate public hearing section of the meeting. The local undo telephone number Is 486-3231, The toll free telephone number Is 1-800.478-5736. 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 at486-9363./ l ➢ 1 �{ Q ( Alit Your Numn 1 �IJ rel ��A4 H`l �- rx Muni%AddrrK_!T/ 4n In Cm/ t limp Your property dnalptloo: /�f)P)/A/r L OdG .�^ fvi/�.©tJ, U,9A �,p� Cammcup: (. 3 b: O [ { Q I rj �,�''1-=-(• 1 Y:�I�JT�. �i L 7 f to N ? Li 4•T' 1-7--t A'r Th -t l 1-r- I-eaA-s A a :tXG. ex -SE -0 Pt s -il C,i.f 57' L0 Tic, , CL9 $AJ e nP.({ t4T 0--Ci115 Emnadr=RVy Q,llra r?' 7 As Pr Ca, -,-r- 1.._n r i E P Pt=.121-1 14-, eines 1=AFT, 35" UYAK (VI (0rle'- A koFFn 013 -Moo :-(D,rl''+4tS PknP -,qry 1,0As fl• SL�/.3Eflrrpserer iii..) -)G c_¢ / Cr A .A F 1 H. in -v-,. Lend -k -,e A ki Q is 1,30-r (i 3 CD r R ac• -r Zo (, i 7E R (.e) r -rt} Pt i�y ) —"' iS Es in t‘. r i f PIL. IDC c L. iI'3G%•• Z0 39Vd S3IVIOOSSV 1Q3rdr1OSVW /S 986069Z966 Zp:OT 8003/EZ/60 04/24/2008 11: 00 4252640906 MASCH'IEDT ASSOCIATES IKODIAK ISLAND BOROUGH API' 2 yy,, COMMUNITY DEVELOPMENT DEPART_' • A T `J 710 Md1Bay Road, Kodiak, Alaska 99615 •— Public Hearing Item • ir*k \� PUBLIC NEARING NOTICE . PAGE 01 A public hearing will be held on Wednesday, Mty 9 2008. The meeting will begin at 7:30 p.m. in the City of Larsen Bay Office, Larsen Bay, Meska, 'before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 08-022 APPLICANT: Don J.Maschmedt REQUEST: A rezone, in accordance with ra =C 17.72.030.0, (Manlier of Initiation) Larsen Bay, Tract A, Block 3 of 3 tom R1 -Single Family Residential M 13 - Business. LOCATION: 105 Second Street, Larsen 13 ZONINOr-----R1--Single- Family -Residential Et -rx,4a $R 3 1-T Uf This notice is being sent to you because our records indicate you are a property owneumtereatcd party in the area of the request. If you do not wish to testify verbally, you may provide your comments In the space below, or in a letter to the Conunugity Development Department 81121 to the meeting. If you would irk., to fax your comments to us, aur fax number is: (907) 486.9396. If you Would like to testify via telephone, please all in your comments during the appropriate public hearing section of the meeting. The local eau -In telephone number la 486-3231. The toll tree telephone number is 1-800478-5736. Kodiak Island Borough Code provides you with specific appeal rights if you disogree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. {} J y t en -r mailing Addresrt(MI + F)t.L .11 > Sk Your unmet f foN )—rp$r3{I-1 Your propertydaerlpdan: lj E>fltPr;e [ QpA� '� r•�TOt, OA `�dd5¢ tummwb: lki P., Pur H Rain -mfr 2 kn P`T 1 hc' iql (Q, -714 A -r Ti ►..fF r -r- I-c9PrS 6 a i'i , t` -S a n f s _i -{ate (2-r La rxcaE , U5it. kl-A J p °P. A ,O',- d —this L I k -y Ott »e. igc?7 Ac A Ctusrs^i' Ley I~ : . , A rr M►' r . L0 F - A Oh —1 0t.7 fi Wt: 1 F MIS aLY S R F r M r i.'Y L,�c -\n�--,P -R t.) 0 _+S__ 1•30r1•30r R aerr e(7) pet lz9r i4 P-t�y. r (13 n' ¶ s j ri=ta-t-'t frL. L 1 h e r3r1 6%, KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Heating Item VI -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, April 16, 2008. The meeting will begin at 7:30 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: 08-022 APPLICANT: Don J. Maschmedt REQUEST: A rezone, in accordance with KIBC 17.72.030.C, (Manner of Initiation) for Larsen Bay, Tract A, Block 3, Lot 3 from R1 -Single Family Residential jp B - Business. LOCATION: 105 Second Street, Larsen Bay ZONING: R1 -Single Family Residential This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Departmentro for to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486-9396. If you would like to testify via telephone, please call In your comments during the appropriate public hearing section of the meeting. The local call -In telephone number Is 486-3231. The toll free telephone number Is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, April 9, 2008, a work session will be held at 7:30 p.m: is 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.n Your Name: / //`7 012(ScIX/ Moiling ra " &I/ucv exy At Addre: , O ea1� 7, p �j /Y n Your propertydescripnon: 1,4,CSw/�Ay 7K ix .7era commeota: T fs (or AS :.3 cArew @/rAvW ZEs/C! (r //a&wi5 mg/ j AAA/4"AC. iidet.o/,tl me nQ q2/A7 evoce-4 .0E.Yr/t6V GJFrzA4lOs ex Caro ,Q (i.1 , 774/4/1E is AG/ZdAOy SEWErt AeoxgEw w(r-a 77e ✓,4W/A .840C. IC , /CAW SEA.1R106 /3 AL/C6aoy c.A/ re, OF re' 62oof4 / zou-r /C c..wc Go.O64. AM/ /j V/I(< &v t/ G011.?56. A.‘456 L6& 5/4664 F.c,/ty /lEsipFiYr/AC, , P/ANl,Y6 V Zcw/N6 Coie-OW q NA -0,1- rc SEE %cJ6,L P/to/1ee-Cr W«E%( 7716/ (/15,7 /N NA , iI,JE.CCi E J U 1 — 2008 Afar I ' COMMUNITY DEVELOPMENT DEPARTMENT KODIAK ISLAND BOROUGH -- COMMUNITY DIV LUrtvttn 1 vcrnnt tr++...r.. 710 Mill bay Rd., Room 205, KODIAK, AK 99615.6398 (907) 486-9363 - FAX (907) 486-9398 www, klb,co, kod iak. ak, us Applicant Information D n ttii t 1: Ff A SC I+ F-PetYr Property er's name Property owner's mailing address e gerlD (ADA Q IDS—) CICy State Zip ('cy'ao-'n4V (1-asprog- 0911 Horne phone Work P one E-mail Addr. rl On ,1n4 SC 11 mid bre+a,` Agent's name (If applicable) Agent's mailing address City State Zip Home phone Work Phone E-mail Addr. Property Information Property ID Numberls /;t, ytp SQ. Pr, t..11 -p, 12)AV -rA 4 thio 3 L --r 3 Legal Description II Current Zoning_ 'L 5 cd e n 1i &J Applicable Coinprehensive Plan; Year of Plan adoption: Present Use of Property: ke.vi U Ce K 2hS lc t nciel sRt c f n Proposed Like of Property:" to 0ne -r• v-bl-c . af`es 441A1 y `Ibust tless1 4n le,1 C n fi LI -k hent: f1• l . _ l oras. a COM % ra 1-43R. ka (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) • Applicant Certification I hereby certify as•the property owner/authorized agent that this appikation'tor Planning and Zoning Commission review is true and complete to the best of my knowledge and that Itis submitted in accordance with the requirements of the applicable Kodiak island Borough Code, which includes a detailed site plant for variance and conditional use requests and which may Include optional supporting documentation as indicated.below. Additional Narrative/History As -built Survey — Photographs V !Haps. Other ner's.SlgnatureLhrt Authorized Agent's Signature Date ' A development plen for One or more lotp on which Is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of Ingress and egress, circulation; utility services; structures and buildings; signs and lighting; berms, -buffers, and screening devices; surrounding development, and any other Information that reasonably may be required In order that an Informed decision can be made by the approving authority. (Source; The New Illustrated Book of Development Definitions, ®1993 by Rutgers University) STAFF USE ONLY Code Sections) Involved: (T. 14. t• 2! Fos; FICASH Variance (KIBC 17.66.020) $250.002f ik'c 8 9:48:43 Conditional Use Permit (KIBC 17.6Y.'+ i1= p$2501OGN$ Other (appearance re- �.;sis, sit:. f'vie, etc, $150.00 Zoning change from /� • (Ktt� 7.72.030 and 030.C)' 350,0a 444 Paid in Full to Rothe: Island Borough 4s Staff signature x;ri 485-9324 Application received by; PAYMENT VERIFICATION FICA:H. F 2/2 /200ttIwc 0800 1815 • ' Les than t.7? seri: 23:5040 i. attiNrneres S750.110 yl'hilt}rtt Sl.Ltt,ee Koko Jsltrpugh ;na cr4; odiiik 15' I t9f11! 4araj?4 L0 BSVd saLvroOSSV laawlDSVW og �oza bL80-I9E-9'03 EI;bt 8006/II/L0 Current Location P & Z Case # 08-022 Maschmedt, Don J. Request: A rezone, in accor• : e with KIBC 17.72.030. C (Manner of Initiation), for Larsen Bay Townsite, Tract A. Block 3, Lot 3, from R-1 Single Family Residential to B - Business. J A Feet 0 1,000 2,000 I I 1 Legend Subject Parcel, Tract A, Bk 3, Lt 3 Parcels Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data. National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9. NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to-date. Kodiak Island Borough Community Development Department. Current Zoning Larsen Bay Rezone Requests Agent: Multiple Request: Rezone from R-1 SFR to B - Businesss Seventeen (17) total parcels. Feet 0 1,000 2,000 I I I � , Legend EDiSubject Parcels, 17 Total Conservation Light Industrial Public Use Single Family Residential Map prepared for the purpose of showing the Zoning of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63.360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to-date. Kodiak Island Borough Community Development Department. KODIAK ISLAND BOROUGH - COMMUNITY DtVtt_urtvitni 1 710 Mill Pay Rd., Room 204, KOOIAK, AK 99615-6398 (907) 486-9363 - FAX (907) 486-9396 www.klb.co, kodiak.ak,ue Applic a 0rProDr) 1'4ASC,+a07)— Property perty owner's name n -t'Ln.a. A3 5tJ *tsO Pro arty owner's mailing address City State Zip ( pre ci0 7Lv S)a'4- ©91/ Home phone Work P one E-mail Addr. cton sclimed�,r.rzw Agent's name if applicable) Agent's mailing address 'City . State Zip • Home phone Work Phone E-mail Addr. rroperty tnrormatton 7bo(--).-7ileb. Property ID NumbeNs /,/ ycy sip, Pr, 1 »ASE 0 5P'9 T P A• 6k 3 :w -r 3 Legal Description �} Current Zoning: Applicable Comprehensive Plan: Year of Plan adoption: Ir Present Use of Property: n R *-vi t x Ce tit 2h .Y1i�TE?i1"t- IQ kxn4 Proposed Ur of Property: f1e — c8 t - Ar es ,eK4t'a neSC, 4n 1e. c,1} t�1 r nrv, -k hen l nosy), i :cos-e)cnn iCr. ate ;die e .0e. (Note: Use additional sheets.• it needed, to provide a complete description of the proposed request.) Applicant Certification !hereby certify es Mo properly owner/authorized agent that this appliaaVon'fur Planning and Zoning Commission review is true and complete to the best of my knowledge and that Itis submitted in accordance with the requirements of the applicable Kodiak Island Borough Coda, which Includes a detailed site plan for variance and conditional use requests and which may Include optional supporting documentation as indicated. below. Additional NarratIve/History AS -built Survey Photographs Maps Other Pito erty dwner's.Slgnature to Authorized Agent's Signature Date 1A development plan for one or more Iota on which Is shown the epsting and proposed conditions of the lot, Including topography, vegetation, drainage. flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of Ingress and egress; circulation; utility eervlces: structures and buildings; signs and lighting; benne, buffers, and screening devices; surrounding development; and any other information that reasonably may be required In order that an Informed decision can be made by the approving authority. (Source: The New Illustrated Bobk of Development D'egnitions, ®1993 by Rutgers University) SITAFF USE ONLY Code Section(s) Involved: (T. 141 a (9-. 21 FIC113H FICPSH FICrH. Variance (KIBC 17.66.020) $250.002/'eei&t 8 9:48:43 2/2 /228 —Conditional Use Permit (KIBC 17.64e ihcp$250ZQUN8 0888 1815' Other(pearance re aP• sta, sit: • . vie citc�.jI7.72.030 5150.00 ,(� .. ■fr. " Zoning Change from . r and 030.C)• Application rec&ved by: Staff signature 1f+ Paid in Full +Nit liodiak Island Borough r 1 985-93240 PAYMENT VERIFICATION tZi FlCllti rhetleie: i2.C5Crh{tj. -tr t!T eas ttinn 1.75 acre,; $350.dW 7�3N>g14ttee %cies 5750.80 iri flpabiireit 5i.864.uo Jaiebugh Roal'ak M 6•15' 1°871 486-9324 L0 39Vd 531VVr3OSSb' 1U3NE-13SVW oil =ozz VL8g-t96-99L it :Pi Big/ii/Z0 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, April 16, 2008. The meeting will begin at 7:30 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: 08-022 APPLICANT: Don J. Maschmedt REQUEST: A rezone, in accordance with K1BC 17.72.030.C, (Manner of Initiation) for Larsen Bay, Tract A, Block 3, Lot 3 from R1 -Single Family Residential Lo, B - Business. LOCATION: 105 Second Street, Larsen Bay ZONING: R1 -Single Family Residential This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486-9396. 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 1-800478-5736. One week prior to the regular meeting, on Wednesday, April 9, 2008, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: Mailing Address: Your property description: Comments: Public Hearing Item VI -B MEMORANDUM DATE: April 7, 2008 TO: Planning and Zoning Commission FROM: Community Development Departmen SUBJECT: Information for the April 16, 2008 Regular Meeting CASE: 08-022 APPLICANT: Don J. Maschmedt REQUEST: A rezone, in accordance with KIBC 17.72.030.0 (Manner of Initiation), of Larsen Bay Townsite Subdivision, Tract A; Block 3, Lot 3 from R1 -Single- family Residential to B -Business LOCATION: East end of Larsen Bay Subdivision ZONING: RI -Single-family Residential RECOMMENDATION This case was initiated as a result of the public notice sent out relating to prior rezone cases (03-011, 03-012, 03-016 and 03-018) that were originally scheduled for public hearing at the February 2008 regular Planning and Zoning Commission meeting. No action was taken by the Commission at that meeting as staff had recommended a postponement to allow complete update of the staff reports written in 2003 and to allow a more in depth analysis of the new comprehensive plan and other changes to the Larsen Bay Community. The Commission postponed the four February rezone cases referenced above and has decided to hold a public hearing in the Larsen Bay Community on May 9, 2008. Because staff is still working on all these cases concurrently, it would be inappropriate to hear this case now in Kodiak when all the other related rezone cases have been directed to a Larsen Bay venue in May. Choosing the May timeframe to hear these cases in Larsen Bay balances the needs of the community to participate in these cases along with adequate notice to the petitioners to allow for their substantial participation as well. At this point it does not appear that staff will be able to do an advance reconnaissance of the Larsen Bay community until the time of the May meeting so staff will focus on the most recent information that can be obtained from other secondary sources such as current plans, assessing records and public input. APPROPRIATE MOTION Move to postpone action on Rezone Case 08-022 and reschedule it for a public hearing in Larsen Bay on May 9, 2008. Case 08-022/Postponement Page 1 of 1 P & Z: April 16, 2008 04/24/2008 11:08 4252640506 1 MASCHMEDT ASSOClf„�r 2 "s?), KODIAK ISLAND BOROUGH a COMMUNITY DEVELOPMENT DEPAR 711) Mill Bay Road, Kodiak. Alaska 99615 PAGE 01 APR 2 T °08 ubMc Hearin: Item PUBLIC BEARING NOTICE A public hearing will be held on Wednesday, May 9, 2008. The meeting will begin at 7:30 p.m. in the City of Larsen Bay Office, Larsen Bay, Alaska,'before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: LOCATION: ZONING: 08-022 Don J. Maschmedt A rezone, in accordance wi Larsen Bay, Tract A, Block Business. 105 Second Street, Larsen Ba R1 -Single Family Residential 17.72.030.C, (Manner of Initiation) of 3 fc= R1 -Single Family Residential M 8- pP) R 3 t_ r • This notice is being sent to you because our records indicate you are a property awnerlmterested party in the arca 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 prior to the meeting. If you would likre to fax your comments to us, out fax number is: (907) 486-9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting, The local eats -In telephone number ti 486-3231. The toll free telephone number is 1-800478.5736. 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 tights, please feel free to call us at 486-9363. t J '' 11 y ern— �j 4310e... Yow Nome: r�iJ Mpsr'n bier nl Maa7ne Adams: / 1 %110t=1/ Y .t±n7'rotJ, te7 t4 98' s¢ Yom'prvperqmL•� detptton:% �ift t I CDOCt� Comment.: u_p- P(.4$.C.Htrs5 n c€+iS kOPE ki'1 43 t996:2. .P )14"7”" --+ Pr -r" - i i "--IF r -r to -s 8 a tr3c-, t.t-S al') A s -4 ref 1 r:5T C_e nc, . 1 9F I -i -AJ p nP ..0... /1r7= () TNts 4//ig_ -r •c,1 1--.1,7 P_ tG'Ri A -s A QuOsr Ln.t' .E. : _ ;:ri- ta P,QnPE4-r1 IS C PiZ s -1 . : i fi,Rxl ( }i g- A to!}n ©lso •'("t.Uc Q1(Das .�i4is 7S�F s LOA 1C. E _ - e� ?e7-)�%P 4)i D ( S ttJ --rYr t1:-, '., rV$ f�thy. rte" r w. •i _ tSL.+ .l •i�sJ 1�S, !SD Mr. Don J. Maschmedf 941 Powell Ave. SW #150 Renton, WA 98057 Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kib.co.kodiak.ak.us April 23, 2008 Re: Case 08-021. Request a rezone, in accordance with KIBC 17.72.030.0 (Manner of Initiation), for Larsen Bay Townsite, Tract A, Block 16, Lot 12 from R1-Single_Family Residential to B -Business. Dear Mr. Maschmedt: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their May 9, 2008 special meeting. This meeting will begin at 7:00 p.m. in the City of Larsen Bay Offices, Larsen Bay, Alaska. Attendance at this meeting is not mandatory but recommended. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Special 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, Oc Qn g Sheila Smith, Secretary Community Development Department KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Hay Road, Kodiak, Alaska 99615 Public Hearing Item VI -F • PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 9, 2608. The meeting will begin at 7:30 p.m. in the City of Larsen Bay Office, Larsen Bay, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hen comments if any, on the following request: CASE: 08422 APPLICANT: Don J. Maschmedt REQUEST: A rezone, in accordance with KIBC 17.72.030.C, (Manner of Initiation) for Larsen Bay, Tract A, Block 3, Lot 3 ,foul R1 -Single Family Residential to B - Business. LOCATION: 105 Second Street, Larsen Bay ZONING: R1 -Single Family Residential This notice is being sent to you because our records indicate you fire 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 to the meeting_ If you would like to fax your comments to us, cur Fax number is: (907) 486-9396. 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 -1n telephone number is 486.3231. The toll free telephone number Is 1-800-478-S736. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us ' at 486-9363. u 1 4;Lt7Gi &/e Your Num �:hl IL1J PC5n4 H`I &rMulling Addnn; 4 / � •r'Etit©t3, u9A 9'©Sq Yourproperty description: i' on, L CMG tl• Cnmmeotn (Ai t. A t.1 kr i-1 fetter- n T`t-} i s P &CPG kr Y' f tJ 1 riq 1.,, An , ' al - -t Pei- i' 1 i-4 L -r" Lea PrS °a a i t 3C -, all A s -A (2_(., r.sr Ltric,t . ii2, . µAJ P e-)P..P., r rF Q -r is AmmPr-. - y ca, t.ice-E. rag? AFS A a.Le.s-t- L ns .E . <H<He Pkr)PEkry 14-, t �—)i= 6 F f3`J trim -c ((l$ f (CD .0 ,F- A3 Igo F}11 ©1.7 cape cis n cer+tiS P Qty ✓= ATV LDAs 171 si alaiE'1""I, i tse.n M-r.7n @ t_.¢ / cr r'c S .A P' f Et• / P3 --, Lc--,7-w•-',F --,F 4A 0 o i t3or (IJ 0 ? R teCr &' kI,e & (.e2 rr-l4 At I 'l 9es, it.-_-)z-1A-L.„ nSCaL Li./1\\e%r ze 39Vd S31vICCSSv 1C3WHCSVW 9868p9b5L9 Lt+:OT 8882/E6/t+8 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, April 16, 2008. The meeting will begin at 7:30 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: 08-022 APPLICANT: Don J. Maschmedt REQUEST: A rezone, in accordance with KIBC 17.72.030.C, (Manner of Initiation) for Larsen Bay, Tract A, Block 3, Lot 3 from R1 -Single Family Residential t4 B- ---Business. -- - - -- - LOCATION: 105 Second Street, Larsen Bay ZONING: R1 -Single Family Residential This notice is being sent to you because our records indicate you are a property the request. If you do not wish to testify verbally, you may provide your comments to the Community Development Department prior to the meeting. If you would owner/interested party in the area of in the space below, or in a letter like to fax your comments to us, please call in your comments telephone number is 486-3231. session will be held at 7:30 p.m. in the for the case. you disagree with the Commission's appeal rights, please feel free to call us p Zr ear �� dAy AC our fax number is: (907) 486-9396. If you would like to testify via telephone, during the appropriate public hearing section of the meeting. The local call-in The toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, April 9, 2008, a work Kodiak Island Borough Conference Room (#121), to review the packet material Kodiak Island Borough Code provides you with specific appeal rights if decision on this request. If you have any questions about the request or your at 486-9363. Your Name: / /M 0 (Se-Vc/ Mailing 7Address: ^Ad Your property description: LA/es £Qy 47<" rt A J `G O comments:_ T-N/S DoT -!S & &4z& - 61<r4/ .4.tcs/01.47" /160.565) -)ow vi - roh tachaL A -I .,o/A? /KTPA v 42/1 Wauc.0 /.%,sr/Z6\/ GJf7ZAk'/ds GX Can, if s,J , r NF/LE /3 A<Si40S/ SE W En P/co ii<FR.(S /v/t t 7-71 4 /1/77 Ile ,G&,acic- , /CA 62j 5 c 49( /3 AL2EWWoy oA/ 7---.0), c T 6,too/l4 F.Lo' -1 /G-so/m/e &'O�Alll/2 v V,al< gA y L.z:),CO , OCE114e LFAJL ,f/46e'' FA.u,/ty/ X,45/AE/vr/,ac e P/Aw/i6 vZ.aAl/N6 e?At2 / ,tees To SES SE42./E/(-- PRo/IC - t0/4E6' ri1Sj U/&r- /A/ /1,4y . —ECt -ECfl f II I 1 APR - 9 200E _sof 1 COMMUNITY DEVELOPMENT DEPARTMENT CurrentLocation 105 Second St. Larsen Bay Agenda Item # VI B P & Z Case # 08-022 Don Maschmedt Request a rezone, in accordance with KIBC 17.72.030.C, (Manner of Initiation) for Larsen Bay, Tract A, Block 3, Lot 3 from R1 -Single Family Residential to B -Business. 475 950 Feet 1 1 1 Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska MOS. Sept 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created In AroGIS 9, NAD 27, State Plana 5 Parcel information is taken from se/acted fields in the currant emnputerized property records in the Assessing Dept. This data has not been reconciled with data contained In manual Nies which may be more up-to-date. Kodiak Island Borough Community Development Department KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -F PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 9, 2008. The meeting will begin at 7:30 p.m. in the City of Larsen Bay Office, Larsen Bay, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request CASE: 08-022 APPLICANT: Don J. Maschmedt REQUEST: A rezone, in accordance with KIBC 17.72.030.C, (Manner of Initiation) for Larsen Bay, Tract A, Block 3, Lot 3 from R1 -Single Family Residential IQ B - Business. LOCATION: 105 Second Street, Larsen Bay ZONING: R1 -Single Family Residential This notice is being sent to you because the request. If you do not wish to testify to the Community Development Department our fax number is: (907) 486-9396. If during the appropriate public hearing The toll free telephone number is 1-800-478-5736. Kodiak Island Borough Code provides decision on this request. If you have any at 486-9363. Your Name: our records indicate you are a property owner/interested party in the area of verbally, you may provide your comments in the space below, or in a letter prior to the meeting. If you would like to fax your comments to us, you would like to testify via telephone, please call in your comments section of the meeting. The local call-in telephone number is 486-3231.. you with specific appeal rights if you disagree with the Commission's questions about the request or your appeal rights, please feel free to call us Mailing Address: Your property description: Comments: Current Location 105 Second St. Larsen Bay Agenda Item # VI B P & Z Case # 08-022 Don Maschmedt Request a rezone, in accordance with KIBC 17.72.030.C, (Manner of Initiation) for Larsen Bay, Tract A, Block 3, Lot 3 from R1 -Single Family Residential to B -Business. 0 475 950 Feet L_ I I 1 J Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept 2002 Contour Information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Stale is 1:63,350 Created in ArcGIS 9, HAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records 111 the Assessing Dept This data has not been reconciled with data contained In manual files width may be more up-to-date. Kodiak Island Borough Community Development Department SLATE OF ALASKA P.O. BOX 196900 ANCHORAGE, AK 99519-6900 LARSEN BAY LODGE INC 1713 MISSION RD KODIAK, AK 99615 DARLENE JOHNSON PO BOX 10 LARSEN BAY, AK 99624 ELI & MARIE SQUARTSOFF PO BOX 86 LARSEN BAY, AK 99624 KODIAK ISL HSG AUTH/JOHNSTON 3137 MILL BAY RD KODIAK, AK 99615 TIMOTHY & JANET CARLSON PO BOX 93 LARSEN BAY, AK 99624 • ROBERT MASCHMEDTJR 941 POWELL AVE SW, STE. 150 RENTON, WA 98057 KODIAK ISL HSG AUTH/MCCORMICK 3137 MILL BAY RD KODIAK, AK 99615 JEFFREY RONN 12262 N. 56TH AVE. GLENDALE, AZ 85304 JAMES & DARLENE JOHNSON POBOX 10 LARSEN BAY, AK 99624 MICHAEL CARLSON 1713 MISSION RD KODIAK, AK 99615 CITY OF LARSEN BAY PO BOX 8 LARSEN BAY, AK 99624 DAVID & SHERRY HARMES 17929 BEAUJOLAIS DR EAGLE RIVER, AK 99577 MARINA WASELIE PO BOX 21 LARSEN BAY, AK 99624 - VICTOR CARLSON P.O. BOX 7 LARSEN BAY, AK 99624 LARSEN BAY PROPERTIES, LLC 941 POWELL AVE. SW, STE 150 RENTON, WA 98055 KODIAK ISL HSG AUTH/PANAMAROFF 3137 MILL BAY RD KODIAK, AK 99615 JOANN EWALD 11186 HWY 1 COOK, MN 55723 ROGER GUARD ETAL 1559 UNDERWOOD LANE SE WESTPHALIA, K5 66093 JIMMY JOHNSON PO BOX 10 LARSEN BAY, AK 99624 FRANK CARLSON 1713 MISSION RD KODIAK, AK 99615 TAMMY HELMS 3805 COTTONWOOD WAY WASILLA, AK 99654 KODIAK ISL HSG AUTH/HOCHMUTH 3137 MILL BAY RD KODIAK, AK 99615 HENRY MOORE 185 ROSSDHU PAWLEYS ISLAND, SC 29585 DAVID EASTER 1576 E. PINE ST MOUNT AIRY, NC 27030 UYAK BAY, LLC PO BOX 128 LARSEN BAY, AK 99624 KODIAK ISL HSG AUTH/NAUMOFF 3137 MILL BAY RD KODIAK, AK 99615 VENESSA HOCHMUTH P 0 BOX 74 LARSEN BAY, AK 99624 MARK JEFFREY KNEEN LIVING TRUST PO BOX 162 ILIAMNA, AK 99606 RUSSIAN ORTHODOX OF SITKA P 0 BOX 240805 ANCHORAGE, AK 99524-0805 Public hearing open: Jane Petrich spoke in favor of the rezone requests in Larsen Bay and she will be putting in for a rezone also. Public hearing closed: Regular session open: The question was called, and it CARRIED 6-0. ;13) 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 R1-Single Family Residential to B=Business. Staff indicated there were (30) public hearing notices and(1) returned opposing the request. He said for the same reasons as the last case staff is recommending postponement. This location is at the other end of town and is not closely related to the 14 request other than ownership. Dvorak stated since this request is going to be postponed you should take public comment before you do a motion. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: COMMISSIONER JANZ MOVED TO POSTPONE action on Rezone Case 08-022 and reschedule it for a public hearing in Larson Bay on May 9, 2008. COMMISSIONER JUENGER SECONDED the motion. The question was called, and it CARRIED 6-0. C) S08-013. Request Preliminary approval, according to KIBC 16.40, of the subdivision of portions of U.S. Survey 2261, U.S. Survey 4947, and ATS 1266 creating Tract F within U.S. Survey 2261, U.S. Survey 4947, and Alaska Tideland Survey No. 1266 on Near Island. Dvorak reported staff has provided you with a revised supplemental staff report. This case was postponed from last month without action. After last week's work session discussion staff spent quite a bit of time researching this case. Staff has revised the recommendation so it doesn't include creating a new tideland tract or subdivision. Basically, it can go forward as requested with a couple of conditions. It became apparent some boundary changes need to addressed. COMMISSIONER JUENGER MOVED to grant preliminary approval, according to KIBC 16.40, of the subdivision of portions of U.S. Survey 2261, U.S. Survey 4947, and ATS 1266 creating Tract F within U. S. Survey 2261, U.S. Survey 4947, and Alaska Tideland Survey No. 1266 on Near Island. The motion was SECONDED by COMMISSIONER JANZ. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: COMMISSIONER JANZ MOVED TO AMEND the motion to add "subject to Conditions of Approval 1 and 2. The motion was SECONDED by COMMISSIONER HARRINGTON. (inaudible) April 16, 2008 P & Z Commission Meeting Minutes Page 2 of 4 Mr. Don J. Maschmedt 941 Powell Avenue SW #150 Renton, WA 98057 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us April 17, 2008 Re: Case 08-022. Request a rezone, in accordance with KIBC 17.72.030.0 (Manner of Initiation), for Larsen Bay Townsite, Tract A, Block 3, Lot 3 from RI ‘Single Family Residential to B -Business. Dear Mr. Maschmedt: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on April 16, 2008 postponed action on the case referenced above until their May 9, 2008 special meeting to be held in Larsen Bay. If you have any questions regarding the Commission's actions please contact the Community Development Department at 496-9363. Sincerely, Crn Sheila Smith Secretary Mr. Don 3. Maschmedt 941 Powell Avenue SW #150 Renton, WA 98057 Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kib.co.kodiak.ak.us March 26, 2008 Re: Case 08-022. Request a rezone, in accordance with KIBC 17.72.030.0 (Manner of Initiation), for Larsen Bay, Tract A, Block 3, Lot 3, from R1 -Single Family Residential to B - Business. Dear Mr. Maschmedt: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their April 16, 2008 regular meeting. This meeting will begin at 7:30 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, April 9, 2008 at 7:30 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, Sheila Smith, Secretary Community Development Department KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, April 16, 2008. The meeting will begin at 7:30 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: 08-022 APPLICANT: Don J. Maschmedt REQUEST: A rezone, in accordance with KIBC 17.72.030,C, (Manner of Initiation) for Larsen Bay, Tract A, Block 3, Lot 3 from R1 -Single Family Residential to B - Business. LOCATION: 105 Second Street, Larsen Bay ZONING: R1 -Single Family Residential This notice is being sent to you because our records indicate you are a property ownerfmterested 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 prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486-9396. 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 1-800478-5736. One week prior to the regular meeting, on Wednesday, April 9, 2008, a work session will be held at 7:30 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: 30 PHN3 'matted, 3-t Current Location 105 Second St. Larsen Bay Agenda Item # VI B P & Z Case # 08-022 Don Maschmedt Request a rezone, in accordance with KIBC 17.72.030.C, (Manner of Initiation) for Larsen Bay, Tract A, Block 3, Lot 3 from R1 -Single Family Residential to B -Business. WQ P E 0 475 11 1 950 Feet Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS contedlne data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour Infarmadon:USGS Digital Elevation Model Kodiak, Alaska. 50 foot Intervals, Scale Is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information Is taken from selected fields in the anent computerized property records In the Assessing Dept. This data has not been reconciled with data contained In manual Nes wNch may be more up-to-date. Kodiak Island Borough Community Development Department. 1 STATE OF ALASKA P.O. BOX 196900 ANCHORAGE, AK 99519-6900 LARSEN BAY LODGE INC 1713 MISSION RD KODIAK, AK 99615 DARLENE JOHNSON PO BOX 10 LARSEN BAY, AK 99624 ELI & MARIE SQUARTSOFF PO BOX 86 LARSEN BAY, AK 99624 KODIAK ISL HSG AUTH/JOHNSTON 3137 MILL BAY RD KODIAK, AK 99615 TIMOTHY & JANET CARLSON PO BOX 93 LARSEN BAY, AK 99624 ROBERT MASCHMEDTJR 941 POWELL AVE SW, STE. 150 RENTON, WA 98057 KODIAK ISL HSG AUTH/MCCORMICK 3137 MILL BAY RD KODIAK, AK 99615 JEFFREY RONN 12262 N. 56TH AVE. GLENDALE, AZ 85304 JAMES & DARLENE JOHNSON PO BOX 10 LARSEN BAY, AK 99624 MICHAEL CARLSON 1713 MISSION RD KODIAK, AK 99615 CITY OF LARSEN BAY PO BOX 8 LARSEN BAY, AK 99624 DAVID & SHERRY HARMES 17929 BEAUJOLAIS DR EAGLE RIVER, AK 99577 MARINA WASELIE PO BOX 21 LARSEN BAY, AK 99624 VICTOR CARLSON P.O. BOX 7 LARSEN BAY, AK 99624 LARSEN BAY PROPERTIES, LLC 941 POWELL AVE. SW, STE 150 RENTON, WA 98055 KODIAK ISL HSG AUTH/PANAMAROFF 3137 MILL BAY RD KODIAK, AK 99615 JOANN EWALD 11186 H W Y 1 COOK, MN 55723 ROGER GUARD ETAL 1559 UNDERWOOD LANE SE W ESTP HALIA, KS 66093 JIMMY JOHNSON PO BOX 10 LARSEN BAY, AK 99624 `. FRANK CARLSON 1713 MISSION RD KODIAK, AK 99615 TAMMY HELMS 3805 COTTONWOOD WAY WASILLA, AK 99654 KODIAK ISL HSG AUTH/HOCHMUTH 3137 MILL BAY RD KODIAK, AK 99615 HENRY MOORE 185 ROSSDHU PAWLEYS ISLAND, SC 29585 DAVID EASTER 1576 E. PINE ST MOUNT AIRY, NC 27030 UYAK BAY, LLC PO BOX 128 LARSEN BAY, AK 99624 KODIAK ISL HSG AUTH/NAUMOFF 3137 MILL BAY RD KODIAK, AK 99615 VENESSA HOCHMUTH P 0 BOX 74 LARSEN BAY, AK 99624 MARK JEFFREY KNEEN LIVING TRUST PO BOX 162 ILIAMNA, AK 99606 RUSSIAN ORTHODOX OF SITKA P 0 BOX 240805 ANCHORAGE, AK 99524-0805 KODIAK ISLAND BOROUGH - COMMUNITY ULVtLUrif-_:1 t vmrnnt 710 Mill Bay Rd., Room 205, KODIAK, AK 99615-6308 (907) 486-9363 - FAX (907) 486-9396 • vmw,kib,co. kodiak.ak,us Applicant Information t5� ASC H -1,-f t r Property er's name 24i 4-hUDELL 3g SO *-.3 Proa_ertyowner's mailing address NM0 ( 4 9$US_7 City ) State Zip (V:/240 74v ('� At, 4- © til Horne phone Work Phone to", wasChnodfern Agent's name (if applicable) E-mail Addr. •Agent's mailing address 'City State Zip • Horne phone . Work Phone E-mail Addr. Property Information R�7bon t0. Property ID umber/s /4 yo S Q. P7-. Descrip... 11 I Current Zoning: �E'�1d�ftTlC'c. Applicable Cotnprehelllnsive Plan: Year of Plan adoption: Present Use of Property: ,k>=u� ( tJt�e Y�•ehS-- F34eN-t-IQ' todq (f7sf ;ql Proposed Use of Property: e 4_0 n'e -rv-pk . 4('eSs..c\43r\-k•t'C3 1. U. ,t rt.Si tteSS, -F� to9 0I) 5 Cc -mink) - hen r f- COMNA2.rannMtcr; lL4 Vie_ kc rn.3 dP .`ot3C; f c> 1. c�CQ\%. (Note:`Use additional sheets, if needed, to provide a complete description of the proposed request.) Otr Applicant Certification I hereby certify es the property owner/authorized agent that this application' for Planning and Zoning Commission review is true and complete to the best of my knowledge and that it is submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plan' far variance and conditional use requests and which may Include opdonal supporting documentation as indicated below. Additional Narrative/History As -butt Survey Photographs _ - Maps . Other AMA Pfoerty t3wr eer's.SignatureC�� Authorized Agent's Signature Date 'A development plan for pne or more lots on which Is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of Ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, end screening devices; surrounding development•, and any other information that reasonably may be required in order that an Informed decision can be made by the approving authority. (source: The New Illustrated Bobk of Development Definitions, ®1993 by Rutgers University) STAFF USE ONLY Code Section(s) Involved: (T •'2 1 FiCASk FICASH FICA Variance (KIBC 17.65,020) $250.003 lreti'b 9:48:43 2/2 Conditional Use Perrnit (KIBC 17.6y: s i, o p$250.'OUNG 0860 Other (appearance re• sts, sit p .. n r -vie etc.) 5150.00 Zoning change from : i 4. (IC t:17.72.030 and 030.C)' 3`,a. ea ttt Paid in Full est Kodiak Island Borough endi- 141'9615 I1 48.5-9:4 PAYMENT VERIFICATION SH. FIC /2aat9r. 1815 Application received by: Staff signature Le 39Vd S3ICIODSSv 1a3NHOSCfW ring Chane, eheduie: Vilely Reset :- ifw5) i . th:an ! 75 ares S3; f.dneint8.00 acres ktAI'ai$4in:9 ld_ft i Kndtdk¢s)and sagpugh ''Kodiak AK 59615' (99/) 4B&!9 24 og =ozz 7L80-I9E-9@L Et:4I BOW/IMO