The URL can be used to link to this page

LARSEN BAY TR A BK 3 LT 1A - Rezone1 Introduced by: Manager Gifford 2 Requested by: Manager Gifford 3 Drafted by: CDD Staff 4 Introduced: 11/06/2006 5 Public Hearing: 6 Adopted: 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2009-11 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING A 11 TRACT OF LAND IN THE LARSEN BAY TOWNSITE LEGALLY DESCRIBED 12 AS TRACT A, BLOCK 3, LOT 1 FROM R1- SINGLE FAMILY RESIDENTIAL 13 TO B -BUSINESS DISTRICT (CASE 03-011) 14 15 WHEREAS, the Uyak Bay Lodge is a long established hunting and fishing lodge; and 16 WHEREAS, owners of this establishment initially sought to rezone the parcels of land that the 17 lodge is located upon from R1 -Single Family Residential to B -Business in 2003, in keeping with 18 the use of the property for lodge purposes; and 19 WHEREAS, the Commission postponed this initial rezone request in 2003 pending completion 20 of the new Kodiak Island Borough Comprehensive Plan; and 21 WHEREAS, with the completion of the comprehensive plan the Commission flew to the 22 Larsen Bay community in May and September to conduct two public meetings to take public 23 testimony from the village residents on the rezoning request of these and other parcels; and 24 WHEREAS, The commission is recommending that the Assembly find that a rezone to the B- 25 Business zoning district of this lot is generally consistent with the Comprehensive Plan. 26 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 27 BOROUGH that: 28 Section 1: This ordinance is not of general application and shall not be codified 29 Section 2: Larsen Bay Townsite, Tract A, Block 3, Lot 1 be rezoned from R1- Single Family 30 Residential to B -Business District subject to the effective clause stating: 31 "Prior to the rezone becoming effective, the petitioners will obtain zoning 32 compliance for all structures and uses located on the developed lots located 33 within the approved rezone area. Should the zoning compliance requirement not 34 be met within 24 months of Assembly approval, this approval shall become null 35 and void." 36 37 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are 38 hereby confirmed as follows: 39 17.72.020 A. Findings as to the Need and Justification for a Change or 40 Amendment. 41 Kodiak Island Borough Ordinance No. FY2009-11 Page 1 of 2 1 Introduced by: Manager Gifford 2 Requested by: PBZC 3 Drafted by: CDD Staff 4 Introduced: 10/16/2008 5 Public Hearing: 11/06/2008 6 Adopted: 11/06/2008 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2009-09 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 11 LARSEN BAY TOWNSITE, TRACT A, LOTS 1 AND 3 FROM R1- SINGLE FAMILY 12 RESIDENTIAL TO B -BUSINESS DISTRICT (CASE NO. 03-011) 13 _..___ 14 WHEREAS,' Tice Larsen Bay Lodge is a long established hunting and fishing lodge; and 15 WHEREAS, owners of this establishment initially sought to rezone the parcels of land that the 16 lodge is located upon from R1- Single Family Residential to B -Business in 2003, In keeping 17 with the use of the property for lodge purposes; and 18 WHEREAS, the Planning and Zoning Commission (P&ZC) tabled this initial rezone request in 19 2003 pending completion of the new Kodiak Island Borough Comprehensive Plan; and 20 WHEREAS, upon completion of the Comprehensive Plan, the P&ZC conducted meetings and 21 public hearings in Larsen Bay on this and other parcels; and 22 WHEREAS, the commission is recommending that the Assembly find that a rezone to B- 23 Business zoning district by lots making up this commercial venture is generally consistent with 24 the Comprehensive Plan; 25 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 26 BOROUGH that 27 Section 1: This ordinance is not of general application and shall not be codified 28 29 Section 2: Larsen Bay Townsite, Tract A, Lots 1 and 3 be rezoned from R1- Single Family 30 Residential to B -Business District subject to the effective clause stating: 31 "Prior to the renB bm zoecoing effective, the petitioners will obtain _ zoning 32 compliance for all structures and uses located on the developed lots located 33 within the approved rezone area. Should the zoning compliance requirement not 34 ' be met within 24 months of Assembly approval, this approval shall_become_null 35 . and void_." . "- 36 37 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are 38 hereby confirmed as follows: 39 17.72.020 A. Findings as to the Need and Justification for a Change or 40 Amendment. 41 The purpose of the rezone is intended to create commercial zoning district to 42 accommodate existing lodge uses and structures located along the eastern edge 43 of the Larsen Bay Subdivision. The petitioners have indicated that the rezone is Kodiak Island Borough Ordinance No. FY2009-09 Page 1 of 2 e 44 needed as the only feasible way for them to move into zoning compliance status. 45 This request has been held in abeyance for five or more years awaiting an 46 update to the KIB Regional Comprehensive Plan and it is now time to make 47 these long awaited decisions in order to restore and maintain the balance 48 between residential and commercial uses In the Larsen Bay community. 49 50. Because the community leadership capacity has diminished in recent years due 51 to the tumover of leadership and administrative staff, the recommendations in 52 this case are limited to those lots where existing lodge use and structures are 53 established in order to maintain the status quo level of both commercial benefits 54 to the community and related community impacts associated with lodge uses. 55 The current RUBA report and associated utility rate study, in conjunction with the 56 most recent resolution adopted by the Larsen Bay City Council indicate a need 57 for change to occur in the community leadership and administration In order to 58 re-establish continuity of govemment operations and restore community 59 sustainability before more commercial development potential is considered for 60 the Larsen Bay Community. 61 62 17.72.020 B. Findings as to the Effect a Change or Amendment would have on 63 the Objectives of the Comprehensive Plan. 64 The Kodiak Island Borough has not established a Mixed -Use zone In order to 65 fulfill the literal intent of the plan designation. As a result, the Mixed -Use 66 designation will need to be fulfilled on a case-by-case, lot -by -lot, zone -by -zone 67 basis, In conformity with a generalized view of the comprehensive plan 68 designations as previously discussed in the staff report. 69 70 While the recommended zone changes are not entirely consistent with the 71 explicit plan map designations in the KIB Regional Comprehensive Plan Update, 72 the recommendations do take into account existing development patterns, 73 community comments, plan recommendations (generally) and the sustainability 74 of the community infrastructure and social fabric of the community. 75 76 77 78 79 80 81 82 83 84 ATTEST: 85 86 87 88 Nova M. Javier,f l , : or ugh Clerk 89 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTH DAY OF NOVEMBER 2008 KODIAK ISLAND BOROUGH Kodiak Island Borough Ordinance No. FY2009-09 Page 2 of 2 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615.6340 eferkIS 4,01 r o2oof-0 do /gamy iresezeicea., vps 049J82035543 $ 00.420 10/21/2008 Mailed From 99615 US POSTAGE RUSSIAN ORT e ' OX OF SITKA POBOX2's:05 ANCH t GE, AK 99524-0805 NIXIE 995 SC 1 01 1O/29%O0 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD +r.rreft rr MC: 99613639899 *IBMS-06134—'22-34 r—I� . '-},t•rs�B'.�SE.EABB ��I�IIIIIIi 1I I1rr11IIIf,�,, JI r11111l �i lll�ll�llla 11lllllll�lll Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615.6340 rwatic 4y g a 049J82035543 $00 429 10120'2008 ` c •3981`, .+ r ilI1 US VPOSTAGE staaralral etwM✓ 03-6/d Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 996156340 C l er k'5 -049Jf2035541 - 4-1 .""f14-14FL00W — c Mailed From 99615 US POSTAGE 4,0( fro2ocrf-i/ 940-61 M ate, Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 RUSSIAN ORTHODOX OF SITKA P 0 BOX 240805 ANCHORAGE, AK 99524-0805 22005 t7i `\\ Ufa -•-•- -- 049:0035543 ,100✓3�- c Mailed From 99615 US POSTAGE £V4d <ro2c69-/, ; 9 4Seeti (/1r/!/ dam. 63-0/ Vol. FY2009, No.09 December 5, 2008 At its Regular Meeting of December 4, 2008 the Kodiak Island Borough Assembly Took the Following Actions: PRESENTED the Student of the Month Award to Cimone Trout, a Senior at the Kodiak High School. ADOPTED Ordinance No. FY2009-10 Rezoning Proposed Tract F Within US Survey 2261 And US Survey 4947 From C -Conservation To Li- Light Industrial Zoning District (Case -09-002.) I'ADOPTED Ordinance No. FY2009-11 Rezoning a Tract Of Land in The Larsen Bay Townsite Legally Described as Tract A, Blo_c_k 3, Lot 1 From R1- Single Family Residential To B -Business District (Case No. 03-011.) ADOPTED Ordinance No. FY2009-12 Amending Kodiak Island Borough Code of Ordinances Title 15 Buildings And Construction to Standardize the Kodiak Island Borough and the City of Kodiak Building Codes. ADOPTED Resolution No. FY2009-13 Adopting a 2009 Kodiak Island Borough Communities State Legislative Capital Improvement Projects Priority List. ADOPTED Resolution No. FY2009-14 Adopting the Kodiak Island Borough All Hazard Mitigation Plan and All Local Community Annexes to that Plan. ADVANCED Ordinance No. FY2009-13 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue And Finance Chapter 3.35 Real Property Tax Section 3.35.080 Reserve Policies in First Reading to Advance to Public Hearing at the Next Assembly Regular Meeting. ADVANCED Ordinance No. FY2009-01C Amending Ordinance No. FY2009-01 Fiscal Year 2009 Budget by Amending Budgets to Provide for Additional Expenditures and Moving Funds Between Projects in First Reading to Advance to Public Hearing at the Next Assembly Regular Meeting. CONFIRMED the Mayoral Appointments of Assembly Member Representatives to Boards, Committees, Commissions, and Councils as Follows: Architectural Review Board Jerrol Friend Joint Building Code Review Committee Jerrol Friend Kodiak College Council Judy Fulp Kodiak Fisheries Advisory Committee Sue Jeffrey Parks and Recreation Committee Dave Kaplan Providence Health System Service Area Board Pat Branson Providence Kodiak Island Counseling Center Advisory Council Louise Stutes School District Budget Advisory Committee Dave Kaplan School District Facilities Review Committee Chris Lynch School District Strategic Planning Committee Sue Jeffrey Solid Waste Advisory Board Chris Lynch Mayor Selby serves on the Economic Development Committee and Emergency Services Council. Minutes of this and other assembly meetings as 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 next regular meeting of the Kodiak Island Borough Assembly is scheduled on Thursday, December 18, 2008 at 7:30 p.m. in the Borough Assembly Chambers. 'Kodiak Island Borough Assembly Newsletter i I Vol. FY2009, No.07 November 7, 2008 At its Regular Meeting of November 6, 2008 the Kodiak Island Borough Assembly Took the Following Actions: PRESENTED the November Student of the Month Awards to Jeridiah Thomas Who is Enrolled Full Time in the KIBSD Correspondence Program, and Justin Anderson, a Junior at Ouzinkie School. RECOGNIZED Senior Citizens of Kodiak, Inc. on Their National Accreditation Achievement and 351h Anniversary, and Encouraged the Community to Celebrate Saturday, November 8, 2008 From 2 p.m.— 5 p.m. at the Kodiak Senior Center. VOICED NON -PROTEST to the State of Alaska Alcoholic Beverage Control Board Request for Transfer of Ownership of Pizza Hut Liquor License, Beverage Dispensary License #3548 to Angelo's. ADOPTED Ordinance No. FY2009-07 Reestablishing Boards, Committees, and Commissions as Established in the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel, Chapter 2.39 Boards and Commissions. ADOPTED Ordinance No. FY2009-08 Rezoning USS 4872, Larsen Bay Townsite, Tract A, Block 16, Lot 12 From R1- Single Family Residential To B -Business Zoning District.(Case No. 08-21). 'ADOPTED Ordinance No. FY2009-09 USS 4872, Rezoning Larsen Bay Townsite, Tract A, Block 1, Lots 1 And 3 From R1- Single Family Residential To B -Business District. (Case No. 03-011). ELECTED Assembly Member Pat Branson as Deputy Presiding Officer of the Assembly. AUTHORIZED the Manager to Execute Contract No. 2004-61C With Hickey & Associates of Juneau, Alaska in the Amount Not to Exceed $40,000 Annually for the Period of January 1, 2009 to December 31, 2010. ADOPTED Resolution No. FY2009-10 Supporting Governor Palin's Proposal to Ameliorate the Effects of High Energy Costs on Alaskans and Recommending and Encouraging Support for Long -Term Commitments From the Governor and the Legislature by Appropriating Funds to Encourage the Use of Public Transportation. ADVANCED Ordinance No. FY2009-10 Rezoning Proposed Tract F Within US Survey 2261 and US Survey 4947 From C -Conservation To LI- Light Industrial Zoning District (Case No.09-002) to Public Hearing on December 4, 2008. ADVANCED Ordinance No. FY2009-11 Rezoning a Tract of Land in the Larsen Bay Townsite Legally Described as Tract A, Block 3, Lot 1 From R1- Single Family Residential To B -Business District (Case No. 03-011) to Public Hearing on December 4, 2008. ADVANCED Ordinance No. FY2009-12 Amending Kodiak Island Borough Code Of Ordinances Title 15 Buildings And Construction To Standardize The Kodiak Island Borough And The City Of Kodiak Building Codes to Public Hearing on December 4, 2008. Minutes of this and other assembly meetings as well as copies of agenda items are available et the Borough Clerk's Office or on the Kodiak Island Borough's websile, www.kodiakak.us. The next regular meeting of the Kodiak Island Borough Assembly is scheduled on Thursday. December 4, 2008 at 7:30 p.m. in the Borough Assembly Chambers. FAILED to Direct Staff to Prepare an Ordinance for Introduction to Rezone Larsen Bay Tract A, Block 19, Lot 4 From R1- Single Family Residential District to B -Business District. DECLARED the Seat Held by Gary Juenger on the Planning and Zoning Commission for a Term to Expire December 2010 Vacant. DECLARED the Seat Held by Freya Holm on the Solid Waste Advisory Board for a Term to Expire December 2009 Vacant. DECLARED a Seat for a Term to Expire December 2011 Vacant on the Monashka Bay Road Service Area Board. Mr. Mark Withrow Declined to Assume the Elected Seat on the Board. APPROVED Kodiak Island Borough Assembly 2009 Meeting Schedule. ACCEPTED a Grant for the Seismic Upgrade of Peterson Elementary School and Authorized the Manager to Enter Into an Agreement with the Alaska Division of Homeland Security and Emergency Management. Minutes of this and other assembly meetings as 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 next regular meeting of the Kodiak Island Borough Assembly is scheduled on Thursday. December 4, 2008 a17:30 p.m. in the Borough Assembly Chambers. Kodiak Island Borocigh Assembly News'lette Vol. FY2009, No.07 November 7, 2008 At its Regular Meeting of November 6, 2008 the Kodiak Island Borough Assembly Took the Following Actions: PRESENTED the November Student of the Month Awards to Jerldlah Thomas Who is Enrolled Full Time in the KIBSD Correspondence Program, and Justin Anderson, a Junior at Ouzinkie School. RECOGNIZED Senior Citizens of Kodiak, Inc. on Their National Accreditation Achievement and 35th Anniversary, and Encouraged the Community to Celebrate Saturday, November 8, 2008 From 2 p.m.— 5 p.m. at the Kodiak Senior Center. VOICED NON -PROTEST to the State of Alaska Alcoholic Beverage Control Board Request for Transfer of Ownership of Pizza Hut Liquor License, Beverage Dispensary License #3548 to Angelo's. ADOPTED Ordinance No. FY2009-07 Reestablishing Boards, Committees, and Commissions as Established in the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel, Chapter 2.39 Boards and Commissions. ADOPTED Ordinance No. FY2009-08 Rezoning USS 4872, Larsen Bay Townsite, Tract A, Block 16, Lot 12 From R1- Single Family Residential To B -Business Zoning District.(Case No. 08-21). ADOPTED Ordinance No. FY2009-09 USS 4872, Rezoning Larsen Bay Townsite, Tract A, Block 1, Lots 1 And 3 From R1- Single Family Residential To B -Business District. (Case No. 03-011). ELECTED Assembly Member Pat Branson as Deputy Presiding Officer of the Assembly. AUTHORIZED the Manager to Execute Contract No. 2004-61C With Hickey & Associates of Juneau, Alaska in the Amount Not to Exceed $40,000 Annually for the Period of January 1, 2009 to December 31, 2010. ADOPTED Resolution No. FY2009-10 Supporting Governor Palin's Proposal to Ameliorate the Effects of High Energy Costs on Alaskans and Recommending and Encouraging Support for Long -Term Commitments From the Governor and the Legislature by Appropriating Funds to Encourage the Use of Public Transportation. ADVANCED Ordinance No. FY2009-10 Rezoning Proposed Tract F Within US Survey 2261 and US Survey 4947 From C -Conservation To LI- Light Industrial Zoning District (Case No.09-002) to Public Hearing on December 4, 2008. (ADVANCED -Ordinance No. FY2009-11 Rezoning a Tract of Land in the Larsen Bay Townsite Legally:. Described as Tract A, Block 3, Lot 1 From R1- Single Family Residential To B -Business District (Case ,No. 03-011) to Public Hearing on December 4,_2008. ADVANCED Ordinance No. FY2009-12 Amending Kodiak Island Borough Code Of Ordinances Title 15 Buildings And Construction To Standardize The Kodiak Island Borough And The City Of Kodiak Building Codes to Public Hearing on December 4, 2008. Minutes of this and other assembly meetings as 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 next regular meeting of the Kodiak Island Borough Assembly is scheduled on Thursday, December 4, 2008 a1710 p rn. in the Borough Assembly Chambers. FAILED to Direct Staff to Prepare an Ordinance for Introduction to Rezone Larsen Bay Tract A, Block 19, Lot 4 From R1- Single Family Residential District to B -Business District. DECLARED the Seat Held by Gary Juenger on the Planning and Zoning Commission for a Term to Expire December 2010 Vacant. DECLARED the Seat Held by Freya Holm on the Solid Waste Advisory Board for a Term to Expire December 2009 Vacant. DECLARED a Seat for a Term to Expire December 2011 Vacant on the Monashka Bay Road Service Area Board. Mr. Mark Withrow Declined to Assume the Elected Seat on the Board. APPROVED Kodiak Island Borough Assembly 2009 Meeting Schedule. ACCEPTED a Grant for the Seismic Upgrade of Peterson Elementary School and Authorized the Manager to Enter Into an Agreement with the Alaska Division of Homeland Security and Emergency Management. Minutes of this and other assembly meetings as 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 next regular meeting of the Kodiak Island Borough Assembly is scheduled on Thursday, December 4, 2008 al 7:30 p.m. in the Borough Assembly, Chambers. KODIAK ISLAND BOROUGH AGENDA STATEMENT NOVEMBER 6, 2008 REGULAR MEETING TITLE: ITEM NO: 13.D.2 Ordinance No. FY2009.11 Rezoning A Tract Of Land In The Larsen Bay Townsite Legally Described As Tract A, Block 3, Lot 1 From R1- Single Family Residential To B -Business District (Case No. 03-011.) SUMMARY: The Community Development Department received this rezone case in 2003. It was postponed by the Planning and Zoning Commission until after the completion of the Borough's Comprehensive Plan. Upon completion of this planning effort, the Planning and Zoning Commission has traveled to the community of Larsen Bay in May of 2008 and again in September to hold public hearings on this request. There were a number of parcels requested in this rezone. After public testimony, the commission is only recommending one of the lots. It is the parcel where the existing Uyak Bay Lodge is presently located. The applicant is in agreement with the Commission's decision. After the September 20, 2008 public meeting in Larsen Bay and after receiving significant community public testimony, the Planning and Zoning Commission is forwarding this case to the Borough Assembly with the recommendation to approve Larsen Bay Townsite, Tract A, Block 3, Lot 1 is request for rezoning. The Commission's "findings of fact" supporting its decision has been incorporated into an ordinance prepared for the Assembly. The materials reviewed by the Commission are also included with this case packet for Assembly consideration. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009-11 in first reading to advance to public hearing at the next regular meeting. 42 The purpose of the rezone is intended to create commercial zoning district to 43 accommodate existing lodge uses and structures located along the eastern edge 44 of the Larsen Bay Subdivision. The petitioners have indicated that the rezone is 45 needed as the only feasible way for them to move into zoning compliance status. 46 This request has been held in abeyance for five or more years awaiting an 47 update to the KIB Regional Comprehensive Plan and it is now time to make 48 these long awaited decisions in order to restore and maintain the balance 49 between residential and commercial uses in the Larsen Bay community. 50 51 Because the community leadership capacity has diminished in recent years due 52 to the turnover of leadership and administrative staff, the recommendations in 53 this case are limited to those lots where existing lodge use and structures are 54 established in order to maintain the status quo level of both commercial benefits 55 to the community and related community impacts associated with lodge uses. 56 The current RUBA report and associated utility rate study, in conjunction with the 57 most recent resolution adopted by the Larsen Bay City Council indicate a need 58 for change to occur in the community leadership and administration in order to 59 re-establish continuity of government operations and restore community 60 sustainability before more commercial development potential is considered for 61 the Larsen Bay Community. 62 63 17.72.020 B. Findings as to the Effect a Change or Amendment would have on 64 the Objectives of the Comprehensive Plan. 65 The Kodiak Island Borough has not established a Mixed -Use zone in order to 66 fulfill the literal intent of the plan designation. As a result, the Mixed -Use 67 designation will need to be fulfilled on a case-by-case, lot -by -lot, zone -by -zone 68 basis, in conformity with a generalized view of the comprehensive plan 69 designations as previously discussed in the staff report.' 70 71 While the recommended zone changes are not entirely consistent with the 72 explicit plan map designations in the KIB Regional Comprehensive Plan Update, 73 the recommendations do take into account existing development patterns, 74 community comments, plan recommendations (generally) and the sustainability 75 of the community infrastructure and social fabric of the community. 76 77 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 78 THIS DAY OF , 2008 79 KODIAK ISLAND BOROUGH 80 81 82 83 ATTEST: Jerome M. Selby, Borough Mayor 84 85 86 87 Nova M. Javier, CMC, Borough Clerk 88 Kodiak Island Borough Ordinance No. FY2009-11 Page 2 of 2 September 2o, 2008 Kodiak Island Borough Planning & Zoning Commission Special Meeting Minutes Special Meeting in Larsen Bay Larsen Bay Gymnasium CALL TO ORDER VICE CHAIR WATKINS calls to order the September 20, 2008 special meeting of the Planning and Zoning Commission at 12:12 p.m. ROLL CALL Commissioner Present Absent Excused Others Present Mr. King X Bud Cassidy Mr. Watkins X Community Development Ms. Janz X Duane Dvorak Mr. Kersch X Community Development Mr. Juenger X Sheila Smith Mr. Purdy X Community Development Ms. Harrington X COMMISSIONER JANZ MOVED to excuse COMMISSIONERS KING, PURDY, and HARRINGTON. The motion was SECONDED by COMMISSIONER ICERSCH and it CARRIED by unanimous voice vote. APPROVAL OF AGENDA COMMISSIONER JANZ MOVED to approve the agenda of the Larsen Bay Special Meeting of September 20, 2008. The motion was SECONDED by COMMISSIONER KERSCH and CARRIED by unanimous voice vote. APPROVAL OF MINUTES There were no minutes AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments and appearance requests. PUBLIC HEARINGS A. Case 03-011. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1— 3, Block 2, Lots 2 — 4, and Block 3, Lots 1 and 2 from R1 -Single Family Residential to B -Business. The applicants are Michael & Lisa Carlson, Tammy Helms, & Uyak Bay Lodge LLC. The location is the East end of Larsen Bay Townsite Subdivision, and the zoning is R1 -Single Family Residential. Dvorak gave a staff report. COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 1, Lots 1, 2 and 3; from RI - Single -family Residential to B -Business, subject to an effective clause, and to adopt the Kodiak Island Borough September 20, 2008 P&Z Guidelines Page 1 of 10 "Findings of Fact" in the staff report dated September 10, 2008 in support of this recommendation. The motion was SECONDED by COMMISSIONER JUENGER. Close regular meeting: Open public hearing: Randy Blondin spoke in opposition to lodges being rezoned to Business zoning. Patty Carlson asked if the commission had already approved the rezone to Commercial. VICE CHAIR WATKINS stated nothing has been approved yet but we will be voting on it at this meeting. Close public hearing: Open regular meeting: Commission discussion The question was called and it FAILED 4-0. COMMISSIONER JUENGER MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 1, Lots 1 and 3, from Al -Single-family Residential to B -Business, subject to an effective clause, and to adopt the "Findings of Fact" in the staff report dated September 10, 2008 in support of this recommendation. The motion was SECONDED by COMMISSIONER JANZ. Commission discussion EFFECTIVE CLAUSE 1. Prior to the rezone becoming effective, the petitioners will obtain zoning compliance fro all structures and uses located on the developed lots located within the approved rezone area. Should the zoning compliance requirement not be met within 24 months of Assembly approval, this approval shall become null and void. FINDINGS OF FACT (Applicable to all requests; 1, 2 and 3) Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The purpose of the rezone is intended to create commercial zoning districts to accommodate existing lodge uses and structures located along the eastern edge of the Larsen Bay Subdivision. The petitioners have indicated that the rezone is needed as the only feasible way for them to move into zoning compliance status. This request has been held in abeyance for five or more years awaiting an update to the KIB Regional Comprehensive Plan and it is now time to make these long awaited decisions in order to restore and maintain the balance between residential and commercial uses in the Larsen Bay community. Because the community leadership capacity has diminished in recent years due to the turnover of leadership and administrative staff, the recommendations in this case are limited to those lots where existing lodge use and structures are established in order to maintain the status quo level of both commercial benefits to the community and related community impacts associated with lodge uses. The current RUBA report and associated utility rate study, in conjunction with the most recent resolution adopted by the Larsen Bay City Council indicate a need for change to occur in the community leadership and administration in order to re-establish continuity of Kodiak Island Borough P&Z Guidelines September 20, 2008 Page 2 of 10 government operations and restore community sustainability before more commercial development potential is considered for the Larsen Bay Community. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Kodiak Island Borough has not established a Mixed -Use zone in order to fulfill the literal intent of the plan designation. As a result, the Mixed -Use designation will need to be fulfilled on a case-by-case, lot -by -lot, zone -by -zone basis, in conformity with a generalized view of the comprehensive plan designations as previously discussed in the staff report. While the recommended zone changes are not entirely consistent with the explicit plan map designations in the 2008 KIB Regional Comprehensive Plan Update, the recommendations do take into account existing development patterns, community comments, plan recommendations (generally) and the sustainability of the community infrastructure and social fabric of the community. The question was called and it CARRIED 4-0. Dvorak clarified this is the Uyak Bay Lodge LLC and is comprised of 4 separate parcels. COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 2, Lots 2 and 3, and Block 3, Lots 1 and 2, from R1 -Single-family Residential to B -Business, subject to an effective clause, and to adopt the "Findings of Fact" in the staff report dated September 10, 2008 in support of this recommendation. The motion was SECONDED by COMMISSIONER KERSCH. Close regular meeting: Open public hearing: Tim Carlson stated he would support Lot 1 being Commercial and Lot 2 leave Residential, Joel Wattum, Uyak Bay Lodge, spoke in support of just the one lot with the structure to be rezoned. Teresa Carlson asked the commission to speak louder because she can't hear a lot of what is being said. Carlson is not in support to all 4 lots being rezoned. Close public hearing: Open regular meeting: Commission discussion. The question was called and it FAILED 4-0. COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 3, Lot 1 from R1 -Single-family Residential to B -Business, subject to an effective clause, and to adopt the "Findings of Fact" in the staff report dated September 10, 2008 in support of this recommendation. The motion was SECONDED by COMMISSIONER JUENGER. EFFECTIVE CLAUSE 1. Prior to the rezone becoming effective, the petitioners will obtain zoning compliance for all structures and uses located on the developed lots located within the approved rezone area. Should the zoning compliance requirement not be met within 24 months of Assembly approval, this approval shall become mill and void. Kodiak Island Borough P8Z Guidelines September 20, 2008 Page 3 of 10 FINDINGS OF FACT (Applicable to all requests; 1, 2 and 3) Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The purpose of the rezone is intended to create commercial zoning districts to accommodate existing lodge uses and structures located along the eastern edge of the Larsen Bay Subdivision. The petitioners have indicated that the rezone is needed as the only feasible way for them to move into zoning compliance status. This request has been held in abeyance for five or more years awaiting an update to the KIB Regional Comprehensive Plan and it is now time to make these long awaited decisions in order to restore and maintain the balance between residential and commercial uses in the Larsen Bay community. Because the community leadership capacity has diminished in recent years due to the turnover of leadership and administrative staff, the recommendations in this case are limited to those lots where existing lodge use and structures are established in order to maintain the status quo level of both commercial benefits to the community and related community impacts associated with lodge uses. The current RUBA report and associated utility rate study, in conjunction with the most recent resolution adopted by the Larsen Bay City Council indicate a need for change to occur in the community leadership and administration in order to re-establish continuity of government operations and restore community sustainability before more commercial development potential is considered for the Larsen Bay Community. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Kodiak Island Borough has not established a Mixed -Use zone in order to fulfill the literal intent of the plan designation. As a result, the Mixed -Use designation will need to be fulfilled on a case-by-case, lot -by -lot, zone -by -zone basis, in conformity with a generalized view of the comprehensive plan designations as previously discussed in the staff report. While the recommended zone changes are not entirely consistent with the explicit plan map designations in the 2008 KIB Regional Comprehensive Plan Update, the recommendations do take into account existing development patterns, community comments, plan recommendations (generally) and the sustainability of the community infrastructure and social fabric of the community. The question was called and it CARRIED 4-0 Tim Carlson stated he thought the commission said at the last meeting that the commission wasn't going to make any decisions until the property lines were squared away. Dvorak stated that may have been stated at the last meeting but the staff recommendation at this meeting is to forward this recommendation for the one lot with the effective clause that states the petitioner will obtain zoning compliance within 24 months or the rezone shall become null and void. They have to meet all requirements. COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 2, Lot 4 from R1 -Single-family Residential to B -Business, and to adopt the "Findings of Fact" in the staff report dated September 10, 2008 in support of this recommendation. COMMISSIONER JUENGER SECONDED the motion. Kodiak Island Borough September 20, 2008 P&Z Guidelines Page 4 of 10 Close regular meeting: Open public hearing: Close public hearing: Open regular meeting: Commission discussion FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The purpose of the rezone is intended to create commercial zoning districts to accommodate existing lodge uses and structures located along the eastern edge of the Larsen Bay Subdivision. The petitioners have indicated that the rezone is needed as the only feasible way for them to move into zoning compliance status. This request has been held in abeyance for five or more years awaiting an update to the KIB Regional Comprehensive Plan and it is now time to make these long awaited decisions in order to restore and maintain the balance between residential and commercial uses in the Larsen Bay community. Because the community leadership capacity has diminished in recent years due to the turnover of leadership and administrative staff, the recommendations in this case are limited to those lots where existing lodge use and structures are established in order to maintain the status quo level of both commercial benefits to the community and related community impacts associated with lodge uses. The current RUBA report and associated utility rate study, in conjunction with the most recent resolution adopted by the Larsen Bay City Council indicate a need for change to occur in the community leadership and administration in order to re-establish continuity of government operations and restore community sustainability before more commercial development potential is considered for the Larsen Bay Community. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Kodiak Island Borough has not established a Mixed -Use zone in order to fulfill the literal intent of the plan designation. As a result, the Mixed -Use designation will need to be fulfilled on a case-by-case, lot -by -lot, zone -by -zone basis, in conformity with a generalized view of the comprehensive plan designations as previously discussed in the staff report. While the recommended zone changes are not entirely consistent with the explicit plan map designations in the 2008 KIB Regional Comprehensive Plan Update, the recommendations do take into account existing development patterns, community comments, plan recommendations (generally) and the sustainability of the community infrastructure and social fabric of the community. The question was called and it FAILED 4-0. B. Case 03-016. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 19, Lot 4 from R1 -Single Family Residential to B -Business. The applicant is Jon Peterson. The location is 1207 First Street, Larsen Bay, and the zoning is R1 - Single Family Residential. Dvorak gave a staff report. Kodiak Island Borough P8Z Guidelines September 20, 2008 Page 5 of 10 2008-09.2610:29 CITY OF LARSEN BAY 9078472239» KIB P2115 CITY OF LARSEN BAY PO Box 8 Larsen Bay, Alaska 99624 Phone :907-847-2211 Fax: 907-847-2239 E -Mail city of larsenhay(ij aol.com RESOLUTION NO 08-07 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 Planing 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 Larsen Bay School causing concern amongst the year around residential community members; and, 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 re -zoning in Larsen Bay until these issues arc solved and that the boroughs Planning and Zoning commission meet the Larscn Bay at their earliest convenience. PASSED AND APPROVED by a duly constituted quorum of the City of Larsen Bay. This t? -B-- day of `,'w\"1 a.c SIGNED: AYOR) � ��,, ATTEST. kC,'/JCA-Qiek (�(<7f (City Clerk) 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 Mike and Lisa Carlson Larsen Bay lodge 1713 Mission Road Kodiak, AK 99615 September 22, 2008 Re: Case 03-011 Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of' Larsen Bay Subdivision, Tract A, Block 1, Lots 1 — 3, R1 -Single Family Residential to B -Business. Dear Mr. and Mrs. Carlson: MEETING ACTION The Kodiak Island Borough Planning and Zoning Commission at their special meeting in Larsen Bay on September 20, 2008 have made the following decisions: • Will recommend to the Borough Assembly that two of your lots (Tract A, Block 1, Lots 1 and 3) be rezoned from RI — Single Family Residential to B -Business. This approval is subject to the "effective clause" discussed below. • Your request to rezone Tract A, Block 1, Lot 2 was denied by the commission. LOTS RECOMMENDED FOR REZONE The lots recommended for rezoning have been done so with the following "effective clause" as an integral part of the commission's decisions It is a requirement stating that for the rezone to become effective, the following action must be performed: 1. Prior to the rezone becoming effective, the petitioners will obtain zoning compliance for all structures and uses located on the developed Tots located within, the approved rezone area. Should the zoning compliance requirement not be met, within 24 months of Assembly approval, this approval shall become null and void. The commission also adopted the following "finds of fact" in support of their decision. These findings read: FINDINGS OF FACT Section 17.72.020 of the Borough code states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.71020 A. Findings as to the Need and Justification for a Change or Amendment. The purpose of the rezone is intended to create commercial zoning districts to accommodate existing lodge uses and structures located along the eastern edge of the Larsen Bay Subdivision. The petitioners have indicated that the rezone is needed as the only feasible way for them to move into zoning compliance status. This request has been held in abeyance for five or more years awaiting an update to the KIB Regional Comprehensive Plan and it is now time to make these long awaited decisions in order to restore and maintain the balance between residential and commercial uses in the Larsen Bay community. Because the community leadership capacity has diminished in recent years due to the turnover of leadership and administrative staff, the recommendations in this case are limited to those lots where existing lodge use and structures are established in order to maintain the status quo level of both commercial benefits to the community and related community impacts associated with lodge uses. The current RUBA report and associated utility rate study, in conjunction with the most recent resolution adopted by the Larsen Bay City Council indicate a need for change to occur in the community leadership and administration in order to re-establish continuity of goverment operations and restore community sustainability before more commercial development potential is considered for the Larsen Bay Community. 17.72.020 B, Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Kodiak Island Borough has not established a Mixed -Use zone in order to fulfill the literal intent of the plan designation. As a result, the Mixed -Use designation will need to be fulfilled on a case-by-case lot -by -lot, zone -by -zone basis, in conformity with a generalized view of the comprehensive plan designations as previously discussed in the staff report. While the recommended zone changes are not entirely consistent with the explicit plan map designations in the 2008 KIB Regional Comprehensive Plan Update, the recommendations do take into account existing development patterns, community comments, plan recommendations (generally) and the sustainability of the community infrastructure and social fabric of the community. REZONING REQUEST DENIED The Commission's action to not rezone Tract A, Block 1, Lot 2, from R]- Single Family Residential to B- Business will be the final action on your request. According to KIBC 17.72.055. B you have the following option: If the planning commission recommends denial of any proposed. amendment (rezone request), 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. Additionally, should you find that the "effective clause" has items in it that you disagree with, that too can be elevated to the assembly, but must be done within the same ten day period. Completion of this rezone request will require Borough Assembly action of the commission's recommendation. The Borough Clerk's office will notify you of' the date and time the Assembly will take up that case. Should you have any questions about the procedure, please call the Community Development Department at 486-9363. Sincerely, --6/ Bud Cassidy, Director Community Development Department CC: Rick Gifford, Manager Nova Javier, Borough Clerk Tammy Helms 3805 Cottonwood Way Wasilla, AK 99654 Kodiak Island Borough Community Development Department 7] 0 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.ldb.co.kodiak.ak.us September 22, 2008 Re: Case 03-011 Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 2, Lot 4, from R1 -Single Family Residential to B -Business. Dear Ms. Helms: MEETING ACTION The Kodiak Island Borough Planning and Zoning Commission at their special meeting in Larsen Bay on September 20, 2008 have made the following decision: • Your request to rezone parcel: Tract A, Block 2, Lot 4 was denied by the commission. The commission also adopted the following "finds of fact" in support of their decision. These findings read: FINDINGS OF FACT Section 17.72.020 of the Borough code states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The purpose of the rezone is intended to create commercial zoning districts to accommodate existing lodge uses and structures located along the eastern edge of the Larsen Bay Townsite Subdivision. The petitioners have indicated that the rezone is needed as the only feasible way for them to move into zoning compliance status. This request has been held in abeyance for five or more years awaiting an update to the KIB Regional Comprehensive Plan and it is now time to ' make these long awaited decisions in order to restore and maintain the balance between residential and commercial uses in the Larsen Bay community. Because the community leadership capacity has diminished in recent years due to the turnover of leadership and administrative staff, the recommendations in this case are limited to those lots where existing lodge use and structures are established in order to maintain the status quo level of both commercial benefits to the community and related community impacts associated with lodge uses. The current RUBA report and associated utility rate study, in conjunction with the most recent resolution adopted by the Larsen Bay City Council indicate a need for change to occur in the community leadership and administration in order to re-establish continuity of government operations and restore community sustainability before more commercial development potential is considered for the Larsen Bay Community. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Kodiak Island Borough has not established a Mixed -Use zone in order to fulfill the literal intent of the plan designation. As a result, the Mixed -Use designation will need to be fulfilled on a case-by-case, lot -by -lot, zone -by -zone basis, in conformity with a generalized view of the comprehensive plan designations as previously discussed in the staff report. While the recommended zone changes are not entirely consistent with the explicit plan map designations in the 2008 KIB Regional Comprehensive Plan Update, the recommendations do take into account existing development patterns, community comments, plan recommendations (generally) and the sustainability of the community infrastructure and social fabric of the community. REZONING REQUEST DENIED The Commission's action to not rezone Tract A, Block 2, Lot 4 from R1- Single Family Residential to B- Business will be the final action on your request by the commission. According to KIBC 17.72.055. B you still have the following option: If the planning commission recommends denial of any proposed amendment (rezone request), 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. Should you have any questions about the procedure, please call the Community Development Department at 486-9363. Sincerely, Bud Cassidy, Director Community Development Department CC: Rick Gifford, Manager Nova Javier, Borough Clerk Uyak Bay Lodge c/o Joel Wattum P.O. Box 128 Larsen Bay, AK 99624 Kodigk Island Borough Com unilDevelopment Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kib.co.kodiak.ak.us September 22, 2008 Re: Case 03-011 Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 2, Lots 2, & 3, and Block 3 Lots ] & 2, from R1 -Single Family Residential to B -Business. Dear Mr. Wattum: MEETING ACTION The Kodiak Island Borough Planning and Zoning Commission at their special meeting in Larsen Bay on September 20, 2008 have made the following decisions: • Will recommend to the Borough Assembly that one of your lots (Tract A, Block 3, Lot 1) be rezoned from RI — Single Family Residential to B -Business. This approval is subject to the "effective clause" discussed below. • Your request to rezone parcels: Tract A, Block 2, Lots 2 & 3 and Tract A, Block 3, Lot 2 were denied by the commission. LOT RECOMMENDED FOR REZONE The lot recommended for rezoning has been done so with the following "effective clause" as an integral part of the commission's decisions It is a requirement stating that for the rezone to become effective, the following action must be performed: 1. Prior to the rezone becoming effective, the petitioners will obtain zoning compliance for all structures and uses located on the developed lots located within the approved rezone area. Should the zoning compliance requirement not be met within 24 months of Assembly approval, this approval shall become null and void. The commission also adopted the following "finds of fact" in support of their decision. These findings read: FINDINGS OF FACT Section 17.72.020 of the Borough code states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The purpose of the rezone is intended to create commercial zoning districts to accommodate existing lodge uses and structures located along the eastern edge of the Larsen Bay Subdivision. The petitioners have indicated that the rezone is needed as the only feasible way for them to move into zoning compliance status. This request has been held in abeyance for five or more years awaiting an update to the KIB Regional Comprehensive Plan and it is now time to make these long awaited decisions in order to restore and maintain the balance between residential and commercial uses in the Larsen Bay community. Because the community leadership capacity has diminished in recent years due to the turnover of leadership and administrative staff, the recommendations in this case are limited to those lots where existing lodge use and structures are established in order to maintain the status quo level of both commercial benefits to the community and related community impacts associated with lodge uses. The current RUBA report and associated utility rate study, in conjunction with the most recent resolution adopted by the Larsen Bay City Council indicate a need for change to occur in the community leadership and administration in order to re-establish continuity of government operations and restore community sustainability before more commercial development potential is considered for the Larsen Bay Community. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Kodiak Island Borough has not established a Mixed -Use zone in order to fulfill the literal intent of the plan designation. As a result, the Mixed -Use designation will need to be fulfilled on a case-by-case, lot -by -lot, zone -by -zone basis, in conformity with a generalized view of the comprehensive plan designations as previously discussed in the staff report. While the recommended zone changes are not entirely consistent with the explicit plan map designations in the 2008 MB Regional Comprehensive Plan Update, the recommendations do take into account existing development patterns, community comments, plan recommendations (generally) and the sustainability of the community infrastructure and social fabric of the community. REZONING REQUEST DENIED The Commission's action to not rezone Tract A, Block 2, Lots 2 & 3, and Tract A, Block 3, Lot 2 from RI- Single Family Residential to B- Business will be the final action on your request by the Commission. According to KIBC 17.72.055. B you have the following option: 7 • If the planning commission recommends denial of any proposed amendment (rezone request), 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. Additionally, should you find that the "effective clause" has items in it that you disagree with, that too can be elevated to the assembly, but must be done within the same ten day period. The next step in the completion of your request is action by the Borough Assembly on the commission's recommendation. You will be contacted by the Borough Clerk when that meeting is scheduled before the Assembly. Should you have any questions about the procedure, please call the Community Development Department at 486-9363. Sincerely, Bud Cassidy, Direct Community Development Department CC: Rick Gifford, Manager Nova Javier, Borough Clerk Current Location P & Z Case # 03-011 Michael & Lisa Carlson, Uyak Bay Lodge, LLC Tammy Helms ANL Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 - 3, Block 2, Lots 2, 3 & 4, and Block 3, Lots 1 & 2 from R1 -Single Family Residential to B -Business. TRACT C:3 USS 4872 TR "B" iq;• TL N s E 0 312.5 625 Feet 1 1 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 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 -Business Elevent (11) total parcels Legend 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 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. Photo(s) P&Z Case #03-011 Uyak Bay, LLC & City Request: A rezone, in accoruance with KIBC 17.72.030 C (Manner of Initiation) for Larsen Bay Townsite Tr A Block 3 Lots 1 & 2, and Block 2 Lots 1, 1A, 2, 3, & 4 from R1 -Single Family Residential to B -Business Legend Parcel Selection; Uyak Bay LLC & C Parcels b \� Map prepared for the purpose of stowing 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 computenzed 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. Photo(s) P & Z Case # 03-011 Carlson, Michael & Lisa Request: A rezone, in accordance with KIBC 17.72.030 C (Manner of Initiation) for Larsen Bay Townsite Tract A Block 1 Lots 1, 2, 4 & 5, from R1- Single Family Residential to B - Business. U) co CD Feet 71 0 100 200 300 400 1 1 1 Legend Tract A Block 1 Lots 1, 2, 4, & 5 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. Public Hearing Item Vt-A MEMORANDUM DATE: September 10, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the Sept. 20, 2008 Regular Meeting CASE: 03-011 APPLICANT: Michael & Lisa Carlson, Tammy Helms, & Uyak Bay Lodge LLC REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A; Block 1, Lots 1 — 3; Block 2, Lots 2, 3 & 4; and Block 3, Lots 1 and 2, from R1 -Single-family Residential eta 13 - Business LOCATION: ZONING: East end of Larsen Bay Townsite Subdivision R1 -Single-family Residential Twenty-five (25) public hearing notices were mailed on September 4, 2008. Date of site visit: May 9, 2008 1. Zoning History: All land in the City of Larsen Bay was zoned R1 -Single-family Residential by KIB Ordinance No. 77-19-0. Since that time, four additional rezones were approved for Larsen Bay in KIB Ordinances No. 88-19, No. 89-16, No. 91-28 and No. 93-52. The result is that nine (9) city owned parcels are now zoned PL -Public Use Land, one (1) privately owned parcel is zoned B -Business and the Larsen Bay Airport is zoned LI -Light Industrial. 2. Lot Size: Lot 1, Block 1 Lot 2, Block 1 Lot 3, Block 1 Lot 2, Block 2 Lot 3, Block 2 Lot 4, Block 2 Lot 1, Block 3 Lot 2, Block 3, 35,622 Sq. Ft. 21,600 Sq. Ft. 46,362 Sq. Ft. 28,201 Sq. Ft. 14,400 Sq. Ft. 36,484 Sq. Ft. 15,200 Sq. Ft. 15,200 Sq. Ft Existing Land Use: Lot 1, Block I Lodge Case 03-011/Staff Report Page 1 of 28 September 20, 2008 Public Hearing Item VI -A Lot 2, Block 1 Vacant Lot 3, Block 1 Lodge Lot 2, Block 2 Vacant Lot 3, Block 2 Vacant Lot 4, Block 2 Vacant Lot 1, Block 3 Lodge Lot 2, Block 3, Vacant 4. Surrounding Land Use and Zoning North: Lot 11, Block 2, Larsen Bay Sub. Use: Vacant Zoning: PL -Public Use Land South: Larsen Bay Airport Tract Use: Community Airport Zoning: LI -Light Industrial East: Larsen Bay Use: N/A Zoning: N/A West: Lots 3, 7 and 8, Block 3; Lots 5 and 10, Block 2, Larsen Bay Sub. Use: Vacant; Vacant; Single-family Residential Zoning: R1 -Single-family Residential 5. Comprehensive Plan: The 2008 Kodiak Island Borough Comprehensive Plan Update designates this area for a combination of Residential and Commercial use. Lots 1 & 2, Block 1 are designated for Mixed Commercial/Waterfront/Residential. Lot 3, Block 1 is designated for Conservation. Lots 1 and 1A, Block 2 are designated for Residential. Lots 2 and 3, Block 2 are designated for Commercial. Lot 4, Block 2 is not designated. Lots 1 & 2, Block 3, are designated for Residential. 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.02.020 Reference and Use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.02.030 Comprehensive Plan. For the purpose of this title, the Kodiak Island Borough Comprehensive Plan consists of the following documents: A. The Kodiak Island Borough Comprehensive Plan Update, 2007, prepared by Cogan - Owens -Cogan. (Adopted by Ordinance No. 2007-10, effective December 6, 2007); Case 03-011/Staff Report Page 2 of 28 September 20, 2008 Public Hearing Item VI -A 1732.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The borough assembly upon its own motion; B. The planning commission upon its own motion; C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development office, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. 17.72.055 Submission to assembly. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. COASTAL MANAGEMENT APPLICABLE POLICIES Commercial Development 1. Natural Features Dredge and fill, excavation, shoreline alteration and disturbance of anadromous streams, tideflats and wetlands shall be minimized when constructing and operating port, harbor, dock, business and energy facilities - if permitted under applicable regulations. Consistent: Case 03-011/Staff Report N/A. This action does not propose to construct a port, harbor, or dock. There will be no dredge or fill resulting in shoreline alteration or disturbance of anadromous streams. Page 3 of 28 September 20, 2008 Public Hearing Item VI -A 2. Natural Setting, Views and Access Development shall be conducted in a manner that mitigates adverse impacts upon the Kodiak Archipelago; developers shall provide opportunities for public access to the shoreline and scenic views, to the extent feasible and prudent. Consistent: N/A. This action will result in not result in a reduction of public access to the shoreline nor adversely impact scenic views. 3. Dredge and Excavation Material Dredging and filling shall be consistent with ACMP Standards 6 AAC 80.040 (Coastal Development) and 6 AAC 80.110 (Mineral and Mining Processing). Dredge spoil may be utilized in shoreside landfills if permitted under applicable regulations for the purpose of creating usable waterfront land. Consistent: N/A. No dredging or filling is proposed. 4. Facility Design Developments in or over the water, such as piers, docks and protective structures shall be located, designed and maintained in a manner that prevents adverse impacts upon water quality, fish, wildlife and vegetative resources and minimizes interruption of water circulation patterns, coastal processes and navigation. Consistent: 5. Buffer Zones N/A. No development in or over the water is proposed. There should be no adverse impacts on water quality, fish, wildlife or vegetative resources. Buffer zones shall be established to the extent feasible and prudent, between business areas and major public transportation routes and between business development and adjacent, non -business properties in order to minimize conflicts between land uses. Consistent: Yes. A number of lots in the rezone area are larger than typical residential Tots in the Larsen Bay Townsite Subdivision and can therefore provide a greater degree of building setback or buffer area. Commercial zoned lots adjoining residential may be required to install a screening fence, subject to Commission review and approval. Case 03.011/Staff Report Page 4 of 28 September 20, 2008 Public Hearing Item VI -A 6. Accessory Development Accessory development that does not require a shoreline location in order to carry out its support functions shall be sited away from the shoreline whenever there is a feasible and prudent inland alternative. This category includes parking, warehousing, open-air storage, waste storage, treatment or storm runoff control facilities or utilities. Consistent: N/A. No accessory development is proposed along the shoreline. 7. Wetlands Filling and drainage of water bodies, floodways, backshores or natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: N/A. No filling or drainage of water bodies, backshores or natural wetlands is proposed as part of this action. Residential Development 1. Location In areas with poorly draining soils, development where feasible shall be connected to a sewer line. Where this is not feasible, on-site facilities shall be designed so as not to cause conditions that will pollute rivers, lakes, and other water bodies, including the ground water supply. Consistent: 2. Open Space Yes. Onsite well and septic systems are required to meet the standards of ADEC where municipal water and sewer are not available. Green areas and open space shall be retained to the maximum extent feasible and prudent when land is subdivided. Consistent: N/A. This request does not involve the subdivision of land. Case 03-01 1/Staff Report Page 5 of 28 September 20, 2008 Public Hearing Item VI -A 3. Access New subdivisions or other residential developments on the shoreline shall provide useable public access to and along the shoreline, extending the length of the development, to the extent feasible and prudent. Consistent: N/A. This request does not involve the subdivision of land. 4. Hazardous Lands Development shall not occur in hazardous areas such as avalanche runout zones, active floodplains, and high water channels to the extent feasible and prudent. Siting, design, and construction measures to minimize exposure to coastal erosion, mass wasting and historic tsunami nm -up shall be required to the extent feasible and prudent. Consistent: 5. Wetlands Population Yes and No. There are several lots which are located within 30 feet of mean high water. According to the 1983 KIB Coastal Management Plan, lots located within 30 feet of MHW are vulnerable to Tsunami and severe storm surge. Lots within this elevation should probably not be developed with commercial or residential uses unless the structures can reasonably be "flood proofed" through the design of the buildings and the application of appropriate technology as part of the construction. Filling and draining of water bodies, floodways, backshores, and natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: N/A. This request does not involve filling or draining of waterbodies. COMPREHENSIVE PLAN REVIEW According to the January 2008 MB Comprehensive Plan Update, the year -around population of Larsen Bay has been steadily declining for the past seven years or more. This decline in population was nearly 16% in the years from 2000 to 2005 based on state estimates. A visual representation of the negative population trend in Larsen Bay is shown on Figure 1. Case 03-011/Staff Report Page 6 of 28 September 20, 2008 Public Hearing Item VI -A Local Government The City of Larsen Bay is a Second Class City incorporated under the applicable provisions of Alaska Statutes Title 29. As a general law municipality, it exercises much authority over the day-to-day activities in Larsen Bay, The city owns and operates the Local landfill, water and sewer utilities, electrical utility, as well as providing for road maintenance and many other general government functions. The City of Larsen Bay is also a taxing authority which has imposed a $5.00 per lodge guest per day "bed tax" or transient accommodation tax on guests lodged in the community. A request for bed tax information from the City of Larsen Bay was not available in time to be included in this staff analysis. Should such information be received prior to public hearing it will be presented as an attachment to this report. The native community of Larsen Bay is served by the Larsen Bay Tribal Council. Native tribal or traditional councils act as a governing body to represent Alaskan Native residents in the Borough. These councils govern local affairs and provide a variety of social and other public services. ZoninE Regulations The Kodiak Island Borough is a Second Class Borough which exercises zoning and platting authority within the Borough as well as within all cities located within the Borough. In accordance with Alaska Statutes Title 29, only a first class or home rule municipality may request a delegation of zoning and platting authority. The City of Kodiak is the only eligible municipality at present and it has not requested such a delegation. In order for the Kodiak Island Borough to wield land use authority is must adopt and maintain a borough -wide comprehensive plan. The Borough recently adopted a borough -wide comprehensive plan update in December 2007. In addition, the 1984 Larsen Bay Comprehensive Plan is still a part of the Borough's adopted plan set. According to the newly updated plan, the new plan takes precedence over policies and recommendations that may be in conflict between the two plans. In other areas covered by the 1984 plan that are not covered in the borough -wide plan the 1984 still has relevance as a policy tool. Future land use maps prepared during the local comprehensive planning recently concluded were largely based upon previous land use plan maps associated with earlier (adopted) plans. This was done to provide a starting point at the beginning of the planning process. In each community residents were asked to identify general or specific changes to proposed future land uses. While the maps may show certain land use designations associated with only a single parcel or small group of parcel, the reviewer must keep in mind that the plan is a generalized policy document and that the maps alone do not create an entitlement to the proposed land use designation. The guidance in the plan is based largely on public input and not on the kind of investigative information that is usually provided in a zoning change review. Therefore, while the plan may have adopted a property owner's suggestion or some other publicly gathered input, the final decision to change a zoning designation must be generally consistent with the plan, but Case 03-011/Staff Report Page 7 of 28 September 20, 2008 Public Hearing Item VI -A it must also consider other cogent factors relevant to the physical context of the site and the impact the change in use will have on the surrounding community. Another consideration that must be taken into account is the timing of a zoning change. Comprehensive plans typically project future land use proposals for a 10, 15 or 20 year period. The Commission and Assembly are not obliged to implement such recommendations in the plan if the overall condition and context of the community are not ready for such changes. As indicated in KIBC 17.01.030 (Intent), the purpose of the KIB system of land use regulation is to: •• Provide for orderly development; ❖ Lessen street congestion; ❖ Promote fire safety and public order; ❖ Protect the public health safety and general welfare; ❖ Prevent overcrowding; ❖ Stimulate systematic development of transportation, water, sewer, school, park, and other public facilities; and d• Encourage efficiency in the use of energy and the substitution of energy from renewable sources for energy from fossil fuels. In general, residents of smaller communities recommended allowing for a mix of residential and commercial or home employment uses in some portions of their communities, in combination with assurances that non-residential uses will not adversely impact nearby residential and institutional uses. This can be a very difficult proposition to address when remote communities are forced to develop in a very compact and "organic" nature due to the limits of extending infrastructure beyond the high to medium density core community. While many Comprehensive Plan meeting participants were satisfied with existing zoning regulations, some suggested that the Borough revisit the types of uses allowed in certain zones. The most common complaint is that lodges and Bed and Breakfasts should be allowed more widely, including within the Rural Commercial zone. However, others expressed concerns about the appropriateness of allowing lodges to locate within existing neighborhoods, particularly if they have the potential to adversely affect surrounding residential uses due to noise or other conditions. Some comprehensive plan participants were also interested in adopting standards for building aesthetics and signage, especially for large commercial buildings. Most current zoning and land use issues in the villages are related to providing land use flexibility, reducing conflicts and eliminating non -conforming uses. The necessity of coordinating existing local Comprehensive Plans with the updated Comprehensive Plan before adoption was also cited as an issue. Case 03-011/Staff Report Page 8 of 28 September 20, 2008 Public Hearing Item VI -A Goals, Policies & Implementation Actions (General) Goal: Regulate and manage land uses to balance the rights of private property owners with community values and objectives. Policies: •S Maximize compatibility of adjacent land uses and minimize conflicts through zoning, buffering, design standards and other means. ❖ Zone land to meet future housing, commercial, industrial and other land needs. Implementation Actions: + Identify an adequate supply of land in each community to meet future residential and other land development needs based on future population and employment growth projections, assumptions about the type and land requirements for projected uses and conditions or constraints that may affect development. Consider use of public or private Native -owned lands to help meet these needs. ❖ Evaluate the need and recommend specific sites for commercial and industrial uses within and outside cities and unincorporated communities in the Borough to meet future economic needs. ❖ Update the Borough's zoning code to allow a more flexible set of uses in smaller communities, while continuing to minimize conflicts among adjacent , potentially incompatible uses. Use size limitations, restrictions on noise or odor, buffering and other means to minimize conflicts. Goal: Develop a comprehensive management framework to encourage economic development while protecting coastal resources. Policies: ❖ Encourage future industrial and commercial development to be sited and constructed to promote the most efficient utilization of waterfront areas and coastal resources. ❖ Ensure that new development complies with municipal, state and federal land and water regulations. ❖ Encourage innovative development designed to maximize the use of available land. Goal: Ensure that land use and development decisions consider subsistence resources and activities. Policies: • Partner with local communities, land owners, state and federal agencies, and Native groups to maintain and improve fish and wildlife habitats important for subsistence resources and activities. ❖ Support the use of, and access to, subsistence resources by subsistence users. Case 03-011/Staff Report Page 9 of 28 September 20, 2008 Public Hearing Item VI -A Implementation Actions: •• Require development to avoid or minimize potential adverse impacts to subsistence resources and activities. Goals, Policies & Implementation Actions (Economy) Tourism: There is no formal measure of jobs provided in the tourism industry. These jobs are often included in other sectors of the economy, such as transportation. However, in 2005, there were 469 employees working in the leisure and hospitality sector (borough -wide), many of whom serve Borough visitors. The Borough tourism industry's most important asset is the large amount of easily accessible public land and water available for recreational use. A wide variety of year -around outdoor activitiesare available to tourists on the Kodiak Archipelago, including hiking, fishing, hunting, wildlife viewing, adventure activities, and camping. The Kodiak area offers many charter boats, fish camps, float trip guides and outfitters and wilderness lodges. Tourism services and facilities offer a broad range of accommodations (hotels, bed and breakfast and lodges). Outside of the City of Kodiak and its associated road system are six Native communities. Each community has unique cultural traditions, offering varying levels of tourism facilities and services. Communities with the most tourist facilities (lodging, charter fishing, guides and outfitters) are Old Harbor, Larsen Bay and Ouzinkie. The vast majority of Kodiak Island visitors take part in recreational and tour activities outside the populated areas. The greatest tourism development challenges for the Borough are in the areas of infrastructure and attraction development in smaller communities, accessibility problems due to weather, and marketing. Kodiak is more difficult to reach than other visitor destinations within the state because it is a non -road connected island. Many tourists perceive Kodiak as difficult to access because of poor weather conditions. In fact, 95 percent of scheduled commercial flight operations are completed annually. However, the lack of runway lights, navigation aids and poorly configured runways does create difficulties accessing the outlying communities in bad weather. Many challenges still exist in many of the smaller communities within the Borough. While these communities have a great many assets to draw upon in attracting visitors, most have yet to develop their potential or to build the basic infrastructure necessary to accommodate visitor needs. Issues: Support for Tourism. Comprehensive Plan meeting participants suggested infrastructure improvements and other actions to support the tourism industry. Residents of many of the smaller communities also have identified dock improvements that would allow passenger ferry service, as important for supporting tourism and other local needs. Nearly 80% of participants in a Borough -wide telephone survey identified them as important or very important. Participants in Case 03-01 I/Staff Report Page 10 of 28 September 20, 2008 Public Hearing Item VI -A some meetings expressed a concern that allowing for too much tourism could adversely affect rural communities and/or create conflicts between visitors and residents. However just over 40% of participants in the Borough -wide phone survey believe the benefits outweigh the costs and another 30% think the costs and benefits are about the same. A balanced approach to tourism marketing that will help balance the economic decline in commercial fishing and other industries, while minimizing adverse impacts on local communities is recommended by some. Sparc fishing, Guiding and Subsistence Fishing and Hunting: Community members noted the importance of ensuring that elected representatives understand the importance of sport and subsistence fishing, in addition to commercial fishing. Some studies indicate that the sport fish catch is more valuable to the local economy per pound than commercial fishing. There is a need for local registration areas to protect local hunters and guiding outfits. Economic Diversification. Comprehensive Plan meeting participants noted that, while it is irnportant to support fishing and tourism, action should be taken to diversify the Borough's economy and support other economic sectors that are less cyclical and/or seasonal. Over 70% of telephone survey participants say this is important or very important. Some potential examples include: improving economic opportunities in outlying villages, particularly for young people; potential changes in tourism, including opportunities for increases in small cruise ship visits; recreational tourism, including large yacht traffic; and the potential for increase meeting and conference activity. Goal: Enhance the Visitor Industry's role as a significant component of the Kodiak Region's Economy. Policies: S• Help monitor tourism development efforts to minimize adverse impacts on local communities. Goal: Diversify the overall economy of Kodiak Region. Policies: •3 Assist in the economic development of the outlying communities of Kodiak Island in cooperation with city governments, Tribal Council, Koniag, KANA and others, and consistent with local community goals identified in this plan and other planning efforts. :• Encourage and facilitate small business development on Kodiak Island. Case 03-011/Staff Report Page 11 of 28 September 20, 2008 Public Hearing Item VI -A Implementation Actions: + Assist local government entities with their efforts to secure funding for capital improvement projects. Goals, Policies & Implementation Actions (Housing) According to the January 2008 KIB Comprehensive Plan Update, there are 68 total single-family detached housing units in Larsen Bay. This figure may not reflect the use of some housing units as seasonal lodges and Bed & Breakfasts however. According to Census data, about 43% of all housing units in Larsen Bay were built during the 1980 to 1989 time frame. Only 3% of the total housing stock has been constructed since 1990 which indicates that 54% of all Larsen Bay housing was constructed in 1979 or prior years. Kodiak Island Housing Authority developed 28 housing units in Larsen Bay originally. These units were intended to allow the property owners to accrue equity in the properties on a "lease to own" basis, eventually culminating in a full conveyance of ownership. According to the Plan update, 10 units have been conveyed into private ownership since this program was begun with 18 housing units still in KIHA ownership. There is no housing affordability data or future needs information in the plan that specifically references the Larsen Bay. Based on the declining population of the community that was mentioned previously it is hard to imagine that the cost of housing in going up on the basis of unsatisfied demand for housing. In addition, the cost of heating fuel and other utility services in Larsen Bay is likely to be burdensome to a typical householder such that it would likely serve as a significant off -set to any savings obtainable in the housing market through reduced demand. This condition may be making the acquisition of residential property and structures to be used for seasonal income purposes, i.e. lodges, vacation rentals, bed & breakfasts, etc., may eventually make it harder to reverse the current trend of dwindling residential population. This may also be contributing to the current difficulties in maintaining a stable community leadership structure as the members of the community depart Larsen Bay or become seasonal -only residents, thereby not qualifying for city leadership positions. There is a recognized need for new or improved teacher housing which was a universal concern in all of the outlying communities as a means to improve the quality of life and thereby encourage teachers to stay in the communities longer. Along the same lines is a growing need in all communities to provide improved hosing forms and services for elders so that they may be able to stay in their home communities throughout their later years without having to move to a larger community to obtain the age specific services they may need. There is no vacancy rate housing data specifically called out in the plan for Larsen Bay. Staff believes a reasonable inference to the data that is available however may point to the possibility of vacant residential units and vacant residential properties becoming a relatively cheap and affordable target for conversion to seasonal lodge or hospitality trade use. Given the somewhat random manner in which these properties may be acquired for these purposes, the only way to ensure some balance of land uses in the community is through judicious plan implementation, systematic zoning, and disciplined code enforcement. Case 03-011/Staff Report Page 12 of 28 September 20, 2008 Public Hearing Item V1 -A Once residential properties are designated for non-residential purposes (and lodging (except for bed Sc breakfast) is generally a considered a business/service, not a residential use), it will be much harder to reverse course should the population trend in the community have an opportunity to reverse course at some point in the future. Staff believes that unless there is a determined mind set to reserve a certain amount of land for housing within the existing Townsite, a determined trend of residential to commercial zoning conversion in Larsen Bay could at some point become an impediment to such a population trend reversal. Goal: Help ensure that an adequate supply of land for housing and a sufficient stock of housing, including affordable housing, are available for Borough residents. Policies: ❖ In partnership with local communities, Tribal councils, Native Corporations, the Kodiak Island Housing Authority and others, help ensure that there is an adequate supply of developable residential land to meet long-term housing needs throughout the Borough, including housing for seniors. ❖ Support efforts to improve and/or identify adequate teacher housing facilities in outlying villages and cities. ❖ Work with local communities and residents to support development of alternative, less -costly fuel or energy sources. Implementation Actions: ❖ Explore ways to address or mitigate the high cost of heating oil for Borough residents, particularly for households with limited incomes. ❖ Continue to work closely with the Kodiak Island Housing Authority to support programs to provide housing to individuals and households with limited incomes. •:• Identify possible locations and funding sources to construct senior housing facilities in the City of Kodiak and outlying communities. Goals, Policies & Implementation Actions (Transportation) Larsen Bay is served by at least two regularly scheduled flight services and a number of charter flight service operators. The Larsen Bay airport is maintained and operated by the State of Alaska, Department of Transportation and Public Facilities. The length of runway is approximately 2,700 feet and the airport is one of the few outlying runways to have runway lighting installed. The airport runway is unpaved and is limited to serving relatively small and slower moving aircraft. The community has expressed a desire to lengthen the runway to serve larger aircraft that could flight directly between Larsen Bay and Anchorage rather than having to go through Kodiak as the regional hub. At present it does appear that ADOT/PF is moving towards longer runways for outlying community airports, but it is unknown whether the current runway length standard would satisfy the community's perceived need or whether the airport is situated in a location suitable for such improvements. Case 03-011/Staff Report Page 13 of 28 September 20, 2008 Public Hearing Item V1 -A The fact that Larsen Bay has regularly scheduled air transportation services, coupled with its local infrastructure is probably why the community has become a popular destination for recreationists and lodge clients. In addition, the present quality and abundance of fish and game are also factors that make Larsen Bay a desirable tourist destination. Ground transportation in Larsen Bay is by POV and ATV. Given that the roads in Larsen Bay are unpaved, it would be advisable to restrict commercial lodge traffic to the main thoroughfares to the greatest extent possible. Access drives directly onto an arterial or collector class street should be encouraged if not outright required in the context of commercial vehicle traffic in close proximity to residential land and uses. Goal: Improve air transportation between the City of Kodiak, KIB villages and the rest of Alaska. Policies: ❖ Support local communities in identifying future land and facility requirements for landing strips and airport expansion and identify appropriate sites, •:• Repair and expand old runways to accommodate new aircraft and to enhance economic opportunities. ❖ Support regular air passenger and freight service to all communities within the Borough. The City of Larsen Bay also operates a small boat harbor that was constructed by the State of Alaska Department of Transportation and Public Facilities. This is another desirable feature of the community that helps to encourage and support local charter and transporter activities in addition to local subsistence and commercial fishing. At the time of this writing staff does not have a count of the total number of slips available in the harbor and how many are committed to long term use agreements. Issues: Marine Freight Service. Residents expressed the need for marine freight service, which was recently discontinued by the primary carrier for most rural communities. Goal: hnprove facilities for water transport of passengers and freight. Policies: ❖ Explore the feasibility of regular ferry service to communities off the road system to reduce the cost of freight and passenger transport, support economic development goals and provide a wider range of transportation options for residents and visitors to those communities. Case 03.011/Staff Report Page 14 of 28 September 20, 2008 NV Public Hearing Item VI -A Implementation Actions: ❖ Promote an ADOT&PF feasibility study for an Alaska Marine Highway System regional ferry system based in Kodiak to improve passenger and freight haul costs and reliability. • Construct and/or improve docks, harbors and boat launch facilities in communities throughout the Borough. Identify land and facility needs for such facilities. Other Issues: Maintenance: Maintenance of the existing transportation system should be prioritized. In addition, Local, regional, and state jurisdictions should work collaboratively to document and monitor maintenance needs, funding, and expenditures. Improved Coordination. Better communication and coordination among ADOT&PF, KIB, and cities is needed to efficiently plan for future transportation systems, including in rural areas and other communities where additional growth may be expected. Resolution of planning and construction schedules and cycles among different agencies also is important. Land Use and Transportation Coordination. Development, land use and transportation are inextricably linked and need to .be coordinated to ensure facilities are adequate to serve current and future residents and that new growth does not overwhelm individual facilities or intersections. Development and maintenance of transportation facilities also should support demand for recreational use and facilities, including parks, open space and trails. Goals, Policies & Implementation Actions (Public Services and Facilities) The City of Larsen Bay operates and maintains nearly all infrastructures serving the city residents. Two notable exceptions are the airport and the telephone system. The city operates and maintains a water and sewer system. The sewer system only serves the east half of the community however, lots in the west half are served by on-site septic systems. The sewage is only provided treatment through a septic tank system before the effluent is conveyed to an off- shore mixing zone through an outlet pipe. One public hearing notice and several phone calls have expressed concerns with the adequacy of the sewer system and in one instance partial system failure was being alleged. The property owner indicated that raw sewage perceptible by its odor was being observed at certain Locations in the eastern portion of the community. This will bear further investigation when staff and the commission are in Larsen Bay, although the actual responsibility for regulating such wastewater systems rests solely with the Alaska Department of Environmental Conservation (ADEC). For those lodges utilizing on-site septic systems, an effective clause would likely be appropriate similar to what was required for the Chiniak Winery rezone to ensure that onsite systems meet applicable ADEC standards before allowing any zoning change to become effective. Case 03.011/StafReport Page 15 of 28 September 20, 2008 Goal: Provide reliable water supplies and sewage treatment systems. Policies: Public Hearing Item VI -A ❖ Work with local communities to support upgrades to water supply systems to reduce water loss and provide for adequate distribution. ❖ Work with local communities to improve public and private sewage disposal systems to prevent the contamination of private wells and the pollution of wildlife habitat and other natural resources. + Encourage development of public water and sewer facilities Borough - wide. •S Support local community efforts to maintain, improve and expand sewer and water facilities, as needed. Implementation Actions: + Work with local communities to support upgrades to water supply systems reduce water loss and provide for adequate distribution. ❖ Work with local communities to improve public and private sewage disposal systems to prevent the contamination of private wells and the pollution of wildlife habitat and other natural resources. 6• Encourage the development of public water and sewer facilities Borough - wide. ❖ Support local community efforts to maintain, improve and expand sewer and water facilities as needed. The city owns and operates the local landfill. In recent years the city has obtained grants to fence and improve the landfill in order to make it less attractive to bears and more compliant with ADEC and EPA regulations. Lodge uses while often seasonal have the potential to transport large amounts of food and consumer goods in support of staff and clients which can increase the amount of trash that is subsequently disposed of in the landfill. Staff has requested information on the operation of the landfill and the usage rates charged for this service; however the information has not been received as of this writing. It is not clear to staff exactly how fish waste and offal from lodge related fishing and hunting activities are being dealt with in order to minimize negative bear interactions and to ensure that public health and sanitation is protected. Goal: Maintain and improve solid waste disposal services and facilities. Policies: d• Maintain and upgrade the solid waste and landfill facilities within the KIB, in collaboration with local communities. ❖ Coordinate with state, federal and local agencies to identify, fund and implement optional disposal procedures for marine wastes. + Explore and promote additional economically sustainable opportunities for recycling and waste reduction. + Support efforts or programs to remove metal waste and other large or hazardous waste products from local communities, particularly those off the road system. Case 03-011/Staff Report Page 16 of 28 September 20, 2008 Public Hearing Item VI -A ❖ Support local cornrnunity efforts to address scavenging bears at solid waste Landfills. The city owns and operates the local electrical power system, which includes a combination of hydro -electric and diesel generators, along with all the distribution lines and transformers. The distribution system is largely located underground with occasional transformer pedestals strategically located to facilitate power distribution and maintenance. One downside to the hydro -electric power system is that the penstock for the system is the same reservoir that provides drinking water to the community. Given that the community does not have a suitable backup water supply, the water level in the reservoir requires constant monitoring to ensure that domestic water supplies are not sacrificed for the sake of electrical power. The city can switch to diesel fired generator sets in this event, however the result in a significant increase in the electrical production costs to the entire community. It is staff understanding that there are no electrical meters in Larsen Bay and that the utility rate is based on a flat rate system. While it is not appropriate to get too deeply into the city's business regarding utility rates and operating costs, the capacity of the city to reasonably provide electricity and other municipal services should be a principal focus of this investigation. The city has in fact provided a city council resolution indicating the infrastructure of the city to currently be at capacity such that additional lodging or other facilities cannot be supported. Although the city could conceivably raise service rates to compensate by raising additional revenues, it has to balance this prospect against the potential of pricing out other residential and governmental service providers. Goals, Policies & Implementation Actions (Education) The Kodiak Island Borough owns the Larsen Bay community school building and it is responsible for major maintenance of the building. The Kodiak Island Borough School District (KIBSD) is responsible for providing the school curriculum and day-to-day building maintenance. It does not appear that the rezone of land to support lodges will at this point have a significant impact on the school however should the number of students enrolled fall below 10 students due to the overall population decline of the community, the school will be closed according to KIBSD policy. Goals, Policies & Implementation Actions (Public Safety, Fire Protection, and Emergency Services) Larsen Bay has one full-time VPSO to provide public safety services to the community. The community also has a volunteer fire department with one fire truck and a smaller "fire trailer". Both pieces of equipment are available for fire response within the community. The community also has a 20 foot shipping container with oil spill cleanup supplies in order to generate an initial response in the event of a reportable petroleum spill. The city has a tsunami shelter located above the Townsite in case of a major tsunami event. Staff does not know whether the facility is sized to accommodate large numbers of tourists in addition to the full-time residents of the community. Given that many of the proposed lodge zoning areas area located along the shoreline areas some thought may need to be given to this possibility. Case 03-01 1/Staff Report Page 17 of 28 September 20, 2008 Public Hearing Item V1 -A The community has a small medical clinic which is operated by the Kodiak Area Native Association. Not much more is known about the number and qualifications of staff working at the facility or what the general hours of operation might be. Goal: Support the state, cities and local service districts in continuing to provide adequate law enforcement, fire protection and other emergency services. Policies: •> Endorse efforts of local communities to retain village public safety officers (VPSO's). •• Support existing local fire protection districts and volunteer organizations; promote formation of new districts or groups within local communities where resources are available. Implementation Actions: • Coordinate with and provide technical support to local communities in addressing their fire protection and emergency response needs. Goal: Work with private, Native and other organizations to support provision of cost effective health care services for all Borough residents. Policies: ❖ Support efforts by KANA and others to address health care issues in outlying communities. ❖ The City of Larsen Bay supports a local Senior Center which is located within the principal city office building. The operation of the center is a collaborative effort between the Senior Citizens of Kodiak, Inc. and the Kodiak Area Native Association which provides congregate meals to senior citizens 60 years of age and older. Not much more is known about the staffing and operations of the facility the time of this writing. Goal: Support development of housing and associated services for seniors to meet current and future needs. Policies: • Continue to support efforts of the SCOK to develop senior housing and services, including options that allow for seniors to live independently in their own communities as long as possible, as well as assisted living or senior care facilities. Continue to support efforts of KANA and the Kodiak Island Hospital to provide health care and related services for seniors throughout the Borough. Implementation Actions: Case 03-011/Staff Report Page 18 of 28 September 20, 2008 Public Hearing Item VI -A 6. Explore specific tools to encourage development or improvements to senior housing, such as tax breaks, flexible development regulations, and technical assistance for grant writing. Goal: Help provide energy in a cost effective, energy-efficient manner, in part to address the effects of high costs of fuel. Policy: • Promote alternative uses of energy and conservation. Implementation Actions: ❖ Develop a borough energy plan in coordination with statewide planning programs. ❖ Explore opportunities for new hydroelectric, tidal, or wind power facilities in local communities throughout the Borough; utilize case studies and best practices from similar projects in other communities. ❖ Explore the feasibility of providing subsidies to low income households to assist in paying for the cost of heating and/or electricity bills. Goals, Policies & Implementation Actions (Parks & Recreation) Probably the biggest reason for Larsen Bay to be a tourist and recreation destination is its location abutting the Kodiak National Wildlife Refuge. That, and its proximity to marine waters which provide access to many productive fishing and hunting areas makes Larsen Bay an ideal location for lodging operations. The City of Larsen Bay provides a great deal of infrastructure support that would ordinarily be unavailable or very costly to provide in a remote lodge setting, such as the state sponsored airport, small boat harbor and community electrical system. In addition the location of the community serves as an intermodal transportation node where travelers may transition from one form of transportation to another if they are heading for a recreational area or activity outside of the Larsen Bay Townsite. In addition to the marine waters, hunters, fishers and recreationists may also travel overland by ATV to Karluk Lake and the Karluk River drainage. Staff understands that access to this area may be subject to KNWR permit limitations through a joint agreement of the Refuge and the Koniag Native Corporation which controls much of the land involved. Goal: Maintain and/or improve access to public recreational lands, including via Native Corporation or other private lands, where possible. Policy: C. Support acquisition of easements, land or other methods for accessing recreational lands and resources. Implementation Actions: Case 03-011/Staff Report Page 19 of 28 September 20, 2008 Public Hearing Item VI -A •3 Establish criteria and a process that can be used to identify and prioritize specific areas where access is needed and desired by community residents and visitors. d• Investigate and assess the feasibility of specific tools for establishing or requiring access; determine which tools are most appropriate for specific conditions or situations. Goal: Ensure the long-term viability of and maintain a high level of quality of the recreation experience in Kodiak for both residents and visitors. Policies: Support the development of recreational facilities in village communities and other designated areas within the MB; encourage communities to develop and update local recreation plans. Goal: Ensure that commercial recreation and tourism and private recreation activities minimize adverse impacts on the environment and other private landholders. Policies: • Work with public land managers and private landowners to develop and implement policies and regulations for the intensity and density of permanent recreational facilities and temporary recreational activities. ❖ Assess cumulative impacts and identify carrying capacity considerations associated with commercial recreation and tourism development in the MB. ❖ Consider implementation of requirements for remote recreation activity such as concentrating the development in specific nodes or permitting clusters of commercial recreation and tourism development in selected locations. Implementation Actions: ❖ Evaluate the impact of commercial recreation and tourism development on sensitive fish and wildlife populations and their habitat, cultural resources and water quality. ❖ Consider the costs of commercial recreation and tourism on adjacent landowners. Chanter 10 - Environmental Quality As previously mentioned, the City of Larsen Bay provides the community with a supply of potable treated water. The water shed for the city reservoir is located south of the Townsite and extends substantially into the KNWR. While unlikely to affect the water supply, potential sources of water pollution to the surrounding marine waters include: 1) community sewage outfalls; 2) failing on-site septic systems located close to tidewater; 3) fish processing and waste disposal; and 4) non -point pollution sources. Case 03-011/Staff Report Page 20 of 28 September 20, 2008 Public Hearing Item VI -A Of particular concern in this regard is the adequacy of the existing community wastewater system and the adequacy of on-site septic systems located in the west half of the Townsite. Although ADEC and other federal agencies don't have a presence in remote areas of the state, they do still have regulations that must be met by the operators of community sewer systems or on-site wastewater systems that is used for commercial purposes. There are also state and federal regulations pertaining to air quality, but this seems to be a lower priority issue in the outlying communities. The KNWR and private land owners such as the Koniag Native Corporation are in the best position to regulate the habitat values on the land under their control. Indeed they would be the responsible parties for any activities taking place that might violate existing environmental regulations assuming that more culpable parties cannot be identified. The more activity in an area that relies upon motorized transportation the more chance for oil or fuel spillage to occur. In addition, these activities will produce over time waste products such as waste oil and antifreeze contaminated water as a by-product of vehicle use. Certainly this is already a reality for year around residents but the advent of many lodges may cause a spike in such waste products due to the relatively short and intense tourism season. It is unknown as of this writing just exactly how these wastes are currently being disposed of. In addition to the fish and wildlife resources that are the main attraction for tourists and recreationists, there are many other desirable attributes of the area which may attract visitors such as scenic resources and historic resources. These resources are usually considered a side benefit to other recreationist activities, however in each case recreational use and the development that supports it may inadvertently have an impact on these resources' if the siting and development of support facilities, such as lodges, are allowed in an unregulated fashion. Because much of the uplands are owned by the KNWR and private Native Corporations, these laud owners are more likely to exert control over scenic and historic resources. In some regards it makes sense to have lodges concentrated in a Townsite area such as Larsen Bay rather than having them dotting every viable location along the shoreline. So long as the community can provide adequate infrastructure support at an affordable cost and the lodge uses contribute to the community in other economic ways to provide an off -set for seasonal impacts. A number of potential impacts are mentioned in the comprehensive plan, 1) wasted and contamination disposal practices that might impact watersheds and drinking water quality. Chapter 11— Please see attached excerpt GENERAL COMMENTS The petitioners have requested a rezone of 8 lots in the Larsen Bay Townsite Subdivision to be rezoned from Al -Single-family Residential to B -Business. The property owners currently have a combination of residential and lodge use established in the rezone area although a number of the lots included in the request are currently vacant. In the following text, the comments that are Case 03-0i 1/Staff Report Page 21 of 28 September 20, 2008 Public Hearing Item VI -A unique to each request will be bifurcated and numbered separately so that each owner/Iodge operation will be addressed separately leading to multiple recommendations and motions. The B -Business zone was determined to be the only zone that would permit the uses requested by the petitioner's and not result in nonconformity of the lots due to inadequate lot size. The Rural Neighborhood Development zone requires a two (2) acre minimum lot area. Because this area is served by municipal water and (onsite or community) sewer the B -Business zone can be applied, although this zone permits a very broad range of commercial and service related uses in addition to the uses currently located on the site. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The 2008 KIB Regional Comprehensive Plan Update designates the rezone areas as a combination of Business, Mixed -Use and Residential as follows: Request No. 1: Lots 1, 2 and 3, Block 1, (Carlson). Lots 1 and 2 are designated for.Mixed-Use and Lot 3 is designated for Conservation. Staff it not clear how this designation was determined, however the KIB tax assessment records indicate that Lots 1 and 3 are developed with residential and lodge uses and that Lot 2 is vacant. As one of the oldest (if not the oldest) lodge in Larsen Bay, it will be important to reconcile the existing development pattern with the comprehensive plan designation. It will be important to keep in mind the general nature of these designations rather than unquestioningly following the map depiction. The Mixed Use designation can be considered in the multiple terms of commercial, waterfront or residential uses and zones. In this case, it seems appropriate to consider, at a minimum, the developed lots for B -Business zoning given the relatively isolated nature of the complex at the end of the main street (Third Avenue) and the fact the site is abutting Uyak Bay on one side and the Larsen Bay Airport on the south side. Request No. 2: Lots 2 and 3 Block 2; Lots 1 and 2, Block 3 (Uvak Bay Lodge, LLC). Lots 2 and 3, Block 2 are designated for Commercial and 1 and 2, Block 3, are designated for Residential. These designations are complicated by the fact that the main lodge building is located on Lot 1, Block 3 (designated Residential) and a portion of the adjoining ROW. Although there are a number of access drives approaching the Lodge parcel, Lots 2 and 3, Block 2 and Lot 2, Block 3 are currently vacant of any permitted structural developments. It should be noted that there is an un -permitted accessory building located on Lot 2, Block 2, which appears on a recent as -built survey submitted for a related ROW Vacation request. It will be important to keep in mind the general nature of these designations rather than unquestioningly following the map depiction. In this case, it seems appropriate to consider, at a minimum, the developed lots for B -Business zoning given the relatively isolated nature of the complex at the end of the main streets (Third Street and Second Street). Although the main lodge shares a boundary with a residential developed property (Lot 8, Block 3) there have been no zoning complaints filed on the lodge use and/or structures as currently configured. Although the site as very limited frontage abutting Uyak Bay, the lodge building appears to be located with a relatively unrestricted view to the Uyak Bay. Case 03-011/Staff Report Page 22 of 28 September 20, 2008 Public Hearing Item VI -A Request No. 3: Lot 4, Block 2, (Tammy Helms). Lot 4 is designated for Residential development. The lot has an unusual shape given its location between an intersection of streets and the abutting meander line along Uyak Bay. The property is currently vacant. ZONING/USE: Request No. 1: Lots 1, 2 and 3, Block 1, (Carlson). The lots area currently zoned R1 -Single- family Residential. The proposed rezone would make the lots B -Business, which is the primary commercial district applied in the City of Kodiak and in Womens Bay. The B -Business zone permits a wide range of commercial uses and services, which the Commission should look at closely to see whether there are any potential uses allowed which might create a conflict for the surrounding area, which is also zoned R1 -Single-family Residential. The B -Business zone permits single-family residential use when it is located in a structure containing a permitted commercial use, subject to certain limitations on the basis of floor area and residential area in relation to street frontage. It is possible that the rezone, if approved, could create a nonconforming use or structure on one or more of the lots. Additional information would be required about the existing structures and their floor plans in order to say for certain what the outcome would mean. Staff notes that there are reduced off-street parking requirements in the villages for either residential or commercial uses. As discussed in prior cases for after -the -fact rezones some thought should be given to the potential for effective clauses to be attached to the zoning recommendation that would require the property owners to obtain after -the -fact permits and inspections that would normally berequired in the development process. This could include, but is not limited to, zoning permits and building inspections, fire marshal plan reviews, ADEC review of on-site wastewater systems, etc. Request No. 2: Lots 2 and 3 Block 2; Lots 1 and 2, Block 3 (Uvak Bay Lodge, LLC). Same comments as for Request No. 1. Request No. 3: Lot 4, Block 2, (Tammy Helms). Same comments as for Request No. 1. LAND SUITABILITY: Request No. 1: Lots 1, 2 and 3, Block 1, (Carlson). The land appears to be suitable as the lodge use and structures have been established at this location for a number of years. The lots are served by water, sewer, electrical and telephone utilities. Staff notes that a large portion of the rezone area being located so close to the shoreline may be subject to tsunami hazard and storm surge. The lots range in size from 9,425 Sq. Ft. to 46,362 square feet, and representing a total area of 5.46 acres requested for rezone. Request No. 2: Lots 2 and 3 Block 2; Lots 1 and 2, Block 3 (Uyak Bay Lodge, LLC). Same comments as for Request No. 1. Case 03-011/Staff Report Page 23 of 28 September 20, 2008 Public Hearing Item VI -A Request No. 3: Lot 4, Block 2, (Tammv Helms). Same comments as for Request No. 1. RECENT DEVELOPMENT TRENDS IN THE AREA: Request No. 1: Lots 1, 2 and 3, Block 1, (Carlson). The residents of Larsen Bay have been requesting an update to the community comprehensive plan for many years. As a result of the time to accomplish this task these cases have been postponed for five years or more. During that time, the lodge uses in the community have continued to develop and evolve without the benefit of any discernable development permitting. Staff is aware that there may be a number of other commercial lodge operators or bed & breakfast operations doing business in the Larsen Bay community that are also out of compliance with the R1 -Single-family Residential zoning but for which no rezone application has been received at this time. A likely consequence of this case and other pending rezones is that the community awareness will be raised regarding the applicability of zoning and planning in the community (as administered solely by the Kodiak Island Borough. Future complaints for non compliance with zoning may result in zoning enforcement action in order to increase zoning compliance in the community. Staff has limited its review in this case to that area requested for rezone by the petitioners. Future rezone requests in Larsen Bay will likely reviewed on a similar case-by-case basis. As previously mentioned, the B -Business zone does not lend itself to the mixed use zoning approach because of the wide range of uses that are permitted in that zone. It is expected that the B - Business zone will require the same degree of segregation from residential uses and structures as it currently does in the City of Kodiak and along the Kodiak road system. One of the more significant issues to be addressed in this case is the indication from the Larsen Bay City Council (Reso. No. 08-05) that city infrastructure may be inadequate to support additional commercial lodging operations. Staff has taken note that during recent years there has been a great deal of turnover in the office of mayor and city office staff. In addition to the physical limitations of the system this turnover may have affected the city's continuity of operations and its ability to consistently administer the utility systems upon which the city relies. In order to research this issue further staff obtained a RUBA report from the State of Alaska along with a utility rate study for the Larsen Bay Community. Based on the information contained therein, it appears that the community is not rated as "sustainable" under state economic and financial guidelines. Currently the city is working to address the deficiencies noted in the RUBA report, however it will take considerable time in order to correct the issues noted and obtain a "sustainable" rating. While this report does not get too deeply into the details of the city's financials, staff believes that the state staff assigned to investigate the Larsen Bay community have provided a diligent and thorough assessment which appears to be consistent with the more general concerns indicated by the Larsen Bay City Council. Case 03-011/Staff Report Page 24 of 28 September 20, 2008 Public Hearing Item Vi -A The Larsen Bay Tribal Council also provided comments indicating concerns about archeological resources that may be located in the proposed rezone area. Denial of a zoning change is no guarantee that development will not occur in this area, however it would discourage commercial development which is typically more intense than residential development. Request No. 2: Lots 2 and 3 Block 2; Lots 1 and 2. Block 3 (Uvak Bay Lodge LLC). Same comments as for Request No. 1. Request No. 3: Lot 4, Block 2, (Tammy Helms). Same comments as for Request No. 1. TRAFFIC IMPACTS: Request No. 1: Lots 1, 2 and 3, Block 1, (Carlson). Staff has not fielded any written complaints about vehicle traffic related to the residential or lodge uses located in the proposed rezone area. As previously noted under the Zoning/Use section above, there are reduced parking requirements in the villages because the number and availability of vehicles in the villages is somewhat limited. There are no current traffic counts available for the community. Without getting into a complicated discussion of traffic impacts, staff recommends that the traffic level be maintained at the current level by limiting the number of commercially zoned lots that might increase the potential for additional traffic generation. Request No. 2: Lots 2 and 3 Block 2. Lots 1 and 2, Block 3 (Uvak Bay Lodge, LLC). Same comments as for Request No. 1. Request No: 3: Lot 4, Block 2, (Tammy Helms). Same comments as for Request No. 1. RECOMMENDATION Request No. 1: Lots 1, 2 and 3, Block 1, (Carlson). Staff recommends that Lots 1 and 3 be rezoned from Al -Single-family Residential to B -Business in conformity with the existing lodge complex development pattern. Staff believes that any vacant lots which could be conveyed into separate ownership or developed with additional lodge structures should not be zoned to allow this potential development. As a result, staff recommends that Lot 2, be maintained in the R-1 zone or perhaps even zoned to NU -Natural Use consistent with the Conservation designation applied to Lot 3 in the 2008 plan. Request No. 2: Lots 2 and 3 Block 2; Lots 1 and 2, Block 3 (Uvak Bay Lodge, LLC). Staff recommends that Lot 1, Block 3, be rezoned from R1 -Single-family Residential to B -Business in conformity with the existing lodge complex development pattern. Staff believes that any vacant lots which could be conveyed into separate ownership or developed with additional lodge structures should not be zoned to allow this potential development. As a result, staff recommends that Lots 2 and 3, Block 2 be maintained in the R-1 zone or perhaps even zoned to NU -Natural Use consistent with the Conservation designation applied to Lot 3, Block 1, in the 2008 plan. Case 03-01 I/Staff Report Page 25 of 28 September 20, 2008 Public Hearing Item VI -A Request No. 3: Lot 4, Block 2, (Tammy Helms). Staff recommends that Lot4, Block 2 not be rezoned from R1 -Single-family Residential to B -Business. As previously indicated staff believes that any vacant lots which could be conveyed into separate ownership or developed with additional lodge structures should not be zoned to allow this potential development. This lot also has other limiting factors relating to size, shape, shoreline and vulnerability to tsunami and storm surge which make it less desirable for commercial development. APPROPRIATE MOTION Should the Commission agree with the staff recommendations, the appropriate motions are: Request No. 1: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 1, Lots 1, 2 and 3; from Al -Single-family Residential to B - Business, subject to an effective clause, and to adopt the "Findings of Fact" in the staff report dated September 10, 2008 in support of this recommendation. The preceding motion should be denied and the following motion adopted: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 1, Lots 1 and 3, from Al -Single-family Residential to B -Business, subject to an effective clause, and to adopt the "Findings of Fact" in the staff report dated September 10, 2008 in support of this recommendation. EFFECTIVE CLAUSE 1. Prior to the rezone becoming effective, the petitioners will obtain zoning compliance for all structures and uses located on the developed lots located within the approved rezone area. Should the zoning compliance requirement not be met within 24 months of Assembly approval, this approval shall become null and void. Request No. 2: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 2, Lots 2 and 3, and Block 3, Lots 1 and 2, from Al -Single-family Residential to B -Business, subject to an effective clause, and to adopt the "Findings of Fact" in the staff report dated September 10, 2008 in support of this recommendation. The preceding motion should be denied and the following motion adopted: Case 03-011/Staff Report Page 26 of 28 September 20, 2008 Public Hearing Item VI -A Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 3, Lot 1 from RI - Single -family Residential IQ B -Business, subject to an effective clause, and to adopt the "Findings of Fact" in the staff report dated September 10, 2008 in support of this recommendation. Eli FIL.CTIVE CLAUSE I. Prior to the rezone becoming effective, the petitioners will obtain zoning compliance for all structures and uses located on the developed lots located within the approved rezone area. Should the zoning compliance requirement not be met within 24 months of Assembly approval, this approval shall become null and void. Request No. 3: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 2, Lot 4 n R1 -Single-family Residential In B -Business, and to adopt the "Findings of Fact" in the staff report dated September 10, 2008 in support of this recommendation. The preceding motion should be denied. FINDINGS OF FACT (Applicable to all requests; 1, 2 and 3) Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The purpose of the rezone is intended to create commercial zoning districts to accommodate existing lodge uses and structures located along the eastern edge of the Larsen Bay Subdivision. The petitioners have indicated that the rezone is needed as the only feasible way for them to move into zoning compliance status. This request has been held in abeyance for five or more years awaiting an update to the KIB Regional Comprehensive Plan and it is now time to make these long awaited decisions in order to restore and maintain the balance between residential and commercial uses in the Larsen Bay community. Because the community leadership capacity has diminished in recent years due to the turnover of leadership and administrative staff, the recommendations in this case are limited to those Tots where existing lodge use and structures are established in order to maintain the status quo level of both commercial benefits to the community and related community impacts associated with lodge uses. The current RUGA report and associated utility rate study, in conjunction with the most recent resolution adopted by the Larsen Bay City Council indicate a need for change to occur in the community leadership and administration in order to re-establish continuity of government operations and restore community sustainability before more commercial development potential is considered for the Larsen Bay Community. Case 03-011/Staff Report Page 27 of 28 September 20, 2008 Public Hearing Item VI -A 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Kodiak Island Borough has not established a Mixed -Use zone in order to fulfill the literal intent of the plan designation. As a result, the Mixed -Use designation will need to be fulfilled on a case-by-case, lot -by -lot, zone -by -zone basis, in conformity with a generalized view of the comprehensive plan designations as previously discussed in the staff report. While the recommended zone changes are not entirely consistent with the explicit plan map designations in the 2008 KIB Regional Comprehensive Plan Update, the recommendations do take into account existing development patterns, community comments, plan recommendations (generally) and the sustainability of the community infrastructure and social fabric of the community. Case 03-01I/Staff Report Page 28 of 28 September 20, 2008 Attachment 1 Larsen Bay Existing Conditions History and Culture The City of Larsen Bay is located on Larsen Bay, on the northwest coast of Kodiak Island. It is 60 miles southwest of the City of Kodiak and 283 miles southwest of Anchorage. The area is believed to have been inhabited for at least 2,000 years. A tannery was operated on Uyak Boy in the early 1800's. A cannery was built in 1911 by the Alaska Packers Association. The City was incorporated in 1974." Larsen Bay is place of great beauty, and visitors come from all over to experience it. Today Larsen Bay is a community with a rich and mixed heritage that is rooted in the old Alutiiq traditions with a strong Scandinavian heritage that arrived beginning in the later 1800's with the fishing industry. Larsen Bay is named for Peter Larsen, a local trapper, furrier and guide, Population and Housing The 2000 U. S. Census found a total of 115 people Irving in Larsen Bay, of whom 78% were of American Indian or Alaskan Native (AI/AN) descent. Nearly all of the remaining residents are identified as white. The 2005 population estimate was 97, consisting of 79.1% Alaska Native or part Native. Many residents of Larsen Bay are descended from the indigenous Alutiiq people. The 2000 Census showed 70 housing units in Larsen Bay, of which 40 were occupied and 30 vacant. This 43% vacancy rate was the second-highest in the Borough behind Karluk. Among the occupied units, 32 (80%) were owner -occupied and eight (20%) were renter -occupied. All housing units were detached, single-family homes. The City's average household size of 2.88 persons was among the lowest in the Borough. A significant portion of the City's housing units (43%) was built between 1980 and 1989. Only 3%were built in 1990 or later. The remaining 54% of units were built throughout the 1940's through the 1970's. Local Government Larsen Bay is incorporated as a second-class city, and is governed by a seven -person City Council that Includes the Mayor. Council members serve staggered three-year terms. In 2005, there was an average of 13 municipal staff (Department of Labor and Workforce Development). The City brings in a limited amount of revenue via a 3% sales tax. Most municipal funds come from service charges and other revenue sources.12 The City and other local organizations currently provide fhe following services: 4 Street and sidewalk maintenance, with assistance from the Tribal Council 4 Electricity 4 Water and sewer 4 Health services provided by KANA 4 Cemetery Page 20 df January. 2008 Kodiaklsland B OhR OPla �H Chapter Eleven J, local Communities 0 0 0.25 0.5 Miles Kodiak Island Borough - Larsen Bay: Proposed Future Land Use Kodiiakllsla�.nd W t, BOROUGH= ==0,0 Plan Update Conservation Industrial/Light Industrial Commercial Mixed Commercial/ WaterfronU Residential Residential • Public Use Source: Kodiak Island Borough GIS, 2006 4 Library, senior facility and Culture Center operated with assistance from the Tribal Council and Kodiak Senior Services 4 School/educational services provided through the Kodiak Island Borough School District and Kodiak Island Borough (selected maintenance and improvements) 4 Small boat harbor 4 Solid waste management 4 Emergency response provided through the Community Emergency Response Team The Natives of Larsen Bay Tribal Council is recognized by the Bureau of Indian Affairs as the official governing body for the Native Village of Larsen Bay. The Tribal Council has a full time President and seven members of Tribal Council. The Tribal Council has not yet specified its jurisdictional territory." Land Management and Use The Borough is responsible for all planning and zoning within the City of Larsen Bay. The KIB Community Development Department prepared the 1984 Larsen Bay Comprehensive Development Plan, which describes the conditions that existed in the community at that time, identifies local issues and establishes goals and objectives for the community. More recently, the City prepared the 2006 Larsen Bay Community Plan, which includes similar content. In the event that provisions of either plan related to land use or zoning conflict with this KIB Comprehensive Plan, the Borough -wide plan shall take precedence. The following KIB zoning districts apply in Larsen Bay: 4 Business (B) 4 Light Industrial (LI) 4 Public Use Land (PL) 4 Single Family Residential IR -I ) Current zoning designations are shown on Figure 11.3. A subsequent draft of this Plan will include a map of proposed future land use designations based in part on the results of Comprehensive Plan update meetings. A local village corporation, Nunachkpit, was formed for Larsen Bay under the American Native Claims Settlement Act (ANCSA) . Nunachkpit later merged into the Koniag, Inc. Native Corporation. As a result of this merger, Koniag owns and manages much of the land immediately adjacent to the City of Larsen Bay and of the neighboring Kartuk River Drainage, including both the surface and sub -surface estates. The federal govemment also owns significant land holdings near Larsen Bay, which are part of the Kodiak National Wildlife Refuge. Commercial access to refuge lands for hunting and fishing is strictly regulated, and Larsen Bay residents rely on access to both Koniag and Refuge Lands for subsistence and commercial guiding and fishing activities!' Page 22 c5 January, 2008 Kodiaklsland BOROUGH ComprehensivePlan Update Chapter Eleven .i Local Communities Economic Development The 2000 U. S. Census showed that the City had a 10% unemployment rate. This does not include the nearly 42% of adults over age 16 who were not in the workforce (i.e., were not employed and were not seeking work). The median household income was $40,833, and 21% of all residents were living below the poverty level. Larsen Bay is one of only two outlying communities on Kodiak Island that has a local cannery outside the City of Kodiak. The other is located near (but not technically within) Ahkiok. The cannery is an important resource in that it could allow for halibut to be processed and frozen year round. The City also has six lodges, two of which are open year round. A study of employment and jobs held by local residents was conducted as part of the Larsen Bay Community Plan process. According to this study, there were 222 employment positions in the community, but only 12 of those were full time. Thirteen of the jobs were part-time, and 187 were seasonal. Only 11 jobs in the community included some form of benefits. The majority of seasonal positions (160) are associated with the Icicle Seafoods cannery. Many of those jobs are typically held by non-resident workers.'= Transportation and Public Facilities The City of Larsen Bay provides electricity, water, sewer and solid waste disposal services. The City also is responsible for road maintenance, which is financially supported by the Tribal Council. The roads are not paved and do not have streetlights, and road dust is often a problem in summer. The City has a small boat harbor, with limited facilities. The state of Alaska owns a small 2,700 - foot gravel airstrip that receives regularly scheduled flights from small aircraft charter companies located in the City of Kodiak. The City provides maintenance services to the airstrip. State planning calls for the airstrip to be extended to 3,300 feet to accommodate larger aircraft. A new fuel tank storage facility was recently completed and allows for increased fuel capacity for hie community. Electricity is, in part generated by a small hydroelectric plant located about a mile from town. It is anticipated that the plant may need to be upgraded to continue servicing the community. The Kodiak Salmon Packers cannery currently maintains its own electrical generation plant. Water and sewer facilities are reportedly in generally good condition as of preparation of this Plan, with some improvements needed to sewer pump stations and selected water distribution pipes. The City is also served by some individual septic systems. No major improvement needs were identified by the City during the Larsen By community planning process. Healthcare services are provided by KANA, which operates a small clinic staffed by two health aides. These health aides provide assistance for minor health concerns and first response Chapter Eleven µ5 Local Communities Kodiaklsland BOROUGH Comprehensive Man Update Page 23 sir Januarg. 2008 emergencies. There also is a Community Health Provider, who provides behavioral health support and services. KANA also provides some in -village physician and dental services through itinerant health care providers. KANA's services are available only to those who qualify under federal guidelines; so non-native residents may receive emergency assistance bit must go to Kodiak for their healthcare needs. The community has one Village Public Safety Officer, as well as a volunteer fire department and some fire -fighting equipment, including one (ruck and one trailer that can be pulled behind a snow machine, Emergency response is provided through the five -member Emergency Response Team, in accordance with a community Emergency Response Plan. The City also supports a small library and Culture Center." Parks and Recreation With the exception of the Culture Center, there are no formal recreational facilities in Larsen Bay. Environmental Quality The local climate in Larsen Bay supports a wide variety of plants, animal and bird life. Marine mammals such as whales, sea lions, and seals are frequent visitors to Uyak Bay and are often visible from the City. Shellfish such as tanner and Dungeness crabs also are found. Mild earthquake activity is frequent in the area and several large earthquakes have been experienced in the past. The 1964 Great Alaskan Earthquake caused sustained ground shaking in Larsen Bay, but the resulting tsunami did not affect the community. Larsen Bay experienced a prolonged earthquake in 2000 that registered 7.0 on the Richter scale. Scientists continue to map and discover earthquake fault systems in the area." Issues Specific issues noted by residents in Comprehensive Plan meetings in addition to those identified at the beginning of this chapter include the following: + The community had limited input in the 1984 Comprehensive Plan for Larsen Bay which should not be used as the basis for land use decisions. + Allow small-scale commercial uses and more Bed -and -Breakfasts and lodges, such as in mixed- use zones under certain conditions. + Address concems about the social impacts of some lodges located within neighborhoods. + Land use planning needed on Amook Island. + Need to expand the boundaries of the City's watershed. + The City should be informed and have leadership on what happens in the City. + Develop housing to attract and keep teachers. Kodiaklsiand Ramappdno Chapter Eleven .i Local Communities Goals, Policies & Implementation Actions Many of the following goals, policies and implementation actions correspond to the issues identified above and/or were identified in the Larsen Bay Community Plan prepared through the Rural Leadership Forum process. Land Use Goal: Enhance flexibility of land use regulations. Policies ♦ Address concerns about the social impacts of some lodges located within neighborhoods. A Coordinate with the multiple agencies that have a role in local land use issues. Implementation Actions * Review and develop City of Larsen Bay Boundaries that are consistent with and supports the Community Vision. * Acquire Land to allow Tribal Council to enhance development. * Allow small-scale commercial and more Bed -and -Breakfasts and lodges under certain circumstances, such as in mixed-use zones. * Plan for land use on Amook Island. * Expand the boundaries of the City's watershed. Transportation Goal: Improve marine transportation facilities. Implementation Action * Develop deep-sea dock to position Larsen Bay to capitalize on its unique location on the west side of the Shelikof Strait, including a feny service. Public Facilities, Health and Safety Goal: Improve and maintain local infrastructure. Implementation Actions * Develop basic infrastructure repairs and improvements to: 1. Current electrical delivery system including cost of power. 2. Street Lights. 3. Water and Sewer. Chapter Eleven j, Local Communities Kodiaklsland ato BOROUGH Comprohenslvn Plan Upd Page 25 -A January. 2008 4. Establish a public works department. 5. Continue ongoing heavy equipment repairs and acquisitions. 6. Develop public use facilities such as restrooms and telephones in areas such as the Boat Harbor. 7. Develop community greenhouse, barn and cold storage facility. 8. Develop and implement Community Road Plan. 9. Continue current village erosion control projects. * In conjunction with infrastructure development, develop a Community Hal /Cultural Center/ Assisted Living Senior Center. * Develop a Healthcare Plan consistent with the Community Vision that serves all community members. Local Government Goal: Improve overall communication with the Borough. Policies • Coordinate with the Borough on building and development issues. • Define and develop key relationships that will support Larsen Bay in obtaining its community vision. Implementation Actions * Dedicate a specific Borough employee to communicating with the villages. * Establish a Standing Education Committee comprised of members of the City Council. Tribal Council and teachers in the community. * Upgrade City of Larsen Bay Government to better support Larsen Bay's people and strategic goals, including: 1. Establishment of personnel policies. 2. Review of City Revenue Structure. 3. Review of pay scales and job descriptions. * Determine what additional resources the City will require to support its role in achieving the Community Vision. * Review and Develop City of Larsen Bay Planning and Zoning that are consistent with and supports the Community vision. Page 26 1.4S January. 2008 Kodiaklsland R.9.222.1-2,021, Chapter ElEven ei Local Communiti Economy Goal: Retain residents. Policy A Improve economic opportunities in Larsen Bay. Implementation Actions * Increase Government Revenues through expanded services and development of infrastructure. * Provide Comprehensive Community Services to seasonal and transient populations. * Develop a six -tier economic development strategy that focuses on the five current aspects of the economy of Larsen Bay and additional potential. * Establish an interface with the Karluk River Area by enhancing the current Karluk River management and partnership with the village of Karluk. * Establish a viable Community Fishing Quota program initially for Halibut and Sablefish. * Develop a strong working relationship with the Icicle Seafoods cannery. * Develop additional industries and businesses that are attractive to Larsen Bay. * Develop infrastructure that will support increased economic development activity and provide necessary services. * Require that public education in Larsen Bay meet or exceed established educational standards for formal education required for students to excel in the trade or profession of their choice and culture place -based education that establishes positive self-awareness and self esteem in community youth. * Consider educational options that are alternative to and in addition to the Kodiak Island Borough School District such as: 1. Continuing education 2. Charter school in Larsen Bay 3. Fishing School 4. Other similar options. Chapter Eleven A Local Communities Kodiaklsland BOROUGH Comprehensrve Ptan Updato Page 27 e5 January. 2008 Housing Goal: Improve housing conditions and resources. Implementation Actions * Develop Housing Plan consistent with the Community Vision of three additional households by 2008 and five additional households by 2013 that serves all community members and is consistent with defined Land Use Planning. * Explore funding sources to develop teacher housing. * Explore funding sources to develop senior housing and related services. Environmental Quality Policies L Work together with Fish and Game 10 enhance and maintain Larsen Bay area fisheries. ♦ Monitor subsistence to ensure community access. Implementation Actions * Perform an environmental inventory and assessment and develop an appropriate clean-up plan. This plan should include the potential tourism impact on the environment, the replaced tank farm and clean up of scrap metal. * Perform Community beautification in association with Community Togetherness goals and the Larsen Bay Youth Council goals. * Develop an insect control program that is effective but not harmful to existing economic development such as the Icicle Seafoods cannery and tourism. * Continue developing the Bear Management program in association with the State of Alaska Fish and Game and Kodiak Island Wildlife Refuge. * Perform review of status of Village Safewater and planning for future Village Safewater that supports the Community Vision. Other Goal: Preserve and enhance community togetherness and cultural awareness. Implementation Actions * Develop an annual community gathering calendar and let people know when gatherings are happening, BOROUGH • • c Compreliak Plan UDddtn * Actively engage and participate in regional community and cultural activities such as Awakening Bear, Alutiiq Culture Week, enhancing Culture Center and activities centered on Young Adults and other events that build positive self-awareness. * Bring back Alutiiq/Russian Orthodox Celebrations such as Masquerade and other similar events. * Work with Elders to bring back historic activities such as Humpies in Pooshki leaves, teaching kids how to fish and other activities that teach self-sufficiency. * Work together to beautify Larsen Bay with activities such as: 1. Work days to help each other clean up yards. 2. Beautifying historic cemeteries. 3. Other similar activities. Og-14ttrber the orco around Old Harbor is thought to have bccn inhabited for nearly 7,500 years. Tho and his "Three Saints" flagship in 1784. A t.use 1766.'" Chapter Eleven 13 Local Communiti Kodiaklsland BOROUGH Comprohonaive Plat Update Page 29 January. 2008 LARSEN BAY POPULATION 1982 to 2007 Figure 1 250 200 150 100 50 0 POPULATION • • • llll 1932198319B419851986198719881989199019911992199319941995199619971998199920002001200220032004200520062007 —0—POPULATION CaSe Number 03,011 03.011 03-011 03-012 03-016 03-018 08-21 08-022 Legal Casception Larsen Bay Tawnste.TnRA. 01ock 1, Lots 1,3 Larsen BayTawnsit4 Tract IS, Block 2, Lots 1, Lk and 2-4 Larsen BayTownslter Trott A., 810& 3, Lots land Larsen BayTowndte, Tract A., Block 7, Lot 4 and Block B, Lots 3,4 and 5 Larsen BryTownsite, Tract A. Block 19, Lot Larsen Bay Townslte. Tract A, Dock16, Lot 10 Larsen BayTowmlLG 'NOR, Mock 3, Lot Larsen BaytownJk, Tract A. Block 16, Lot 12 Structure/Stone Larsen Bay Lodge Complex Vacant Wok Bay lodge Kodiak Charters Lodge Unknown Unknown NA Kodak Lodge Tomes Nreaan Payment of Bed Tan (Lo Oho city of 10) Unknown NA Unknown Unknown Unknown Unnkown Unknown Unknown Borough Land Assessed Value (102007) Lot 1.510,000 Lott-$10,000 Lot 3-533,600 Lott -$3,800 Lot 1A-35,200 Intl-320,000 Lott-$3,800 lot 4-330,000 Lot 1-$10,000 Lott-$4,800 Lot 3-$3,500 Lot4.33,500 Lot 5.$3,100 (B7) Lot 4.53,400 Lot 4-35,300 Lot 10e36,300 Lot3 -$3,800 Lot 12 -510,000 Borough Building Assessed Value Imao,) 1011-$108300 Lott-30.00 Natant) Lot 3-$148,600 Lott-$0.O0(Vacant) Lot 1A-$0.30(Vaant) Lot 2-$0.00(Vacant) Lot 3-50.W(Vaant) Lot 4 -$0.00 (Vacant) lot 1-$208,200 Lott-5000(Vacant) 1003-$27,500 tote -$0.W(Vacant) Lots-$0.00 (Vacant) OD) Lot 4-$36,700 lot 4-$72,600 Lot 10-533.600 Lot 3-50.00 (Vacant) WL12 a$106.430 City SalesTao? Unknown NA Unknown Unknown Unknown Unknown Unknown Unknown Serutture Grandfathered SWcture(%) or use? Maybe NA Na No No No NA No ZOning Compliance? No NA Na Unknown Unknown No NA No Original Building Design Category(Lodge, B80, SCR) Resldent0l and Lodge None Lodge Slndelamlly Residential (one SFR on Un 4, BIM 7 and one SFR on Lot 3,BIk 0 Single -family Residential Lodge NA Lodge Provide Hunting YMcas 7 Yes NA Yrs Unknown Unknown Unknown NA Unknown Provide Fisting SeMm 7 Yes NA 363 Yes Unknown Unknown NA Unknown Provide Other Services ? Unknown NA Unknown Unknown Unknown Unknown NA Unknown 0teyrvke2 Served by OtyWater and Sewer? Yes NA Yes Yes OtyWa0er Only;Onsite Wastewater Disposal Ory Water Only; Onsite Wastewater Olsposal Yes Dm (Water only, septic system tor onsite wastewater disposal)) Water and Sewer Rate NA NA Served by City power Yes NA 160 'Of Yes Vas Yes Yes UeRdcal power Rate NA NA Served by City Garbage Yes NA Yes Yes Yes Yes Yes Yes NA feote ReoulrmenO Alaska Business Ucense Yes NA Yes Yes Unknown Unknown NA Yes Business license Number 727508 Larson BayAdventurts, LLC; 403098 Larsen BayAdventure5; 208639 Larsen Bay Lose INC 907797Uyak Baylte 727883 Kodiak 0arters Lodge NA 240388 Kodiak Lodge at Larsen Bay LTD Fire Marshal REVIEW Unknown NA Unknown Unknown Unknown. Unknown NA Unknown Fire Marshal permit No. Unknown NA Unknown Unknown Unknown Unknown NA Unknown Domooh ((fps/merit, Zoning compliance Permit No NA No No No No NA Na Borough Tat veld m007 Parcel Mee Building Height Varies, Unknown NA Unknown Unknown Unknown Unknown NA Unknown As-Built Survey No NA No No No No No ja81O.111y Bettlfl Owner Fie In Larsen Bay? Unknown NA Unknown Unknown Unknown Unknown No No Lodging Use Hire Local Employees 7 Unknown NA Unknown Unknown Unknown Unknown NA Unknown com6108 SP0W 61.0 Comprehensive plan Oesigna0on Mixed Commercial/Waterfront/Residential Lots 1 and 1A-Residential; Lots 2 and 3-Comm rda¢lot4- Residential Resldendal Med Cammerdal/Watedront/Residentlal Commercial commercial Residential Commercial City of Larsen Bay Assessment of Management Capacity Indicators Tammy Helms Rural Utility Business Advisor (RUBA) Program Division of Community Advocacy Commerce, State of Alaska April 2, 2008 Introduction The City of Larsen Bay assessment report was completed by the Rural Utility Business Advisor Program (RUBA) as a requirement for a projected VSW grant -funded project. The report was completed with the voluntary assistance of the utility and based on information utility staff provided to the RUBA program. The goal of the RUBA Program is to help small communities implement utility management practices that will improve the utility's ability to provide safe drinking water to their communities on a sustainable basis. The RUBA Assessment evaluates essential and sustainable indicators necessary for the managerial and financial health of the utility. These indicators are organized under the following sections: • Utility Finance • Accounting Systems • Tax Problems • Personnel System • Organizational Management • Operation of Utility Essential Indicators identify policies and practices that are critical to the short-term operation of a utility. Sustainable Indicators identify policies and practices that make a utility cost-effective to operate and increase the likelihood of long-term financial success. The Major Recommendations are limited to those items needed to meet deficient essential indicators. This is because only the essential indicators are a required to be met under the grant conditions. The City of Larsen Bay operates and manages the following utility services: • Water and Sewer services • Landfill • Garbage haul • Harbor/Dock • Fuel Sales • Airport Maintenance • Road Maintenance • Electricity Essential Indicators Report Page 2 Management Capacity Indicators On April 2, 2008 Tammy Helms met with the City of Larsen Bay staff to complete a RUBA Assessment of Management Capacity Indicators. City staff provided documentation supporting the conclusions in this report. Utility Finance Essential Indicators Yes No ® ❑ All revenue and expenses for the utility are listed in the utility budget. Z LI The utility has adopted a balanced realistic budget. ❑ ® Monthly financial reports are prepared and submitted to the policy making body. ❑ ® The utility is current paying all water/wastewater electric bills. ❑ Z The utility has on hand a year's adequate fuel supply or it has a financial plan to purchase an adequate supply. ® ❑ The utility is receiving revenues (user fees or other sources) sufficient to cover operating expenses. Sustainable Indicators El El ® ❑ The utility is receiving revenues (user fees or other sources) sufficient to cover operating expenses and Repair & Replacement (R&R) costs. YTD revenues are at a level equal to or above those budgeted. YTD expenditures are at a level equal to or below those budgeted. A monthly manager's report is prepared. Budget amendments are completed and adopted as necessary. The City of Larsen Bay drafted and adopted a FY 08 budget with RUBA assistance but it has not begun the FY 09 budget process. RUBA staff will assist the City Clerk with preparing the proper financial reports so they can be submitted to the Council monthly. The interfacility bills have not been paid for at least 8 months due to not having a consistent office staff. The water and sewer revenues are not sufficient to cover operating expenses. The City subsidizes its water and sewer utility through the fuel and electric sales. Manager/ operator reports are given verbally when requested from the Council. Essential Indicators Report Page 3 Accounting Systems Essential Indicators Yes No The utility has adopted a collection policy and actively follows it. The utility bills customers on a regular basis. An accounts receivable system is in place which tracks customers and reports past due accounts and amounts. An accounts. payable system is in place. The payroll system correctly calculates payroll and keeps records. A cash receipt system is in place that records incoming money and what it was for. ® ❑ The utility has a cash disbursement system that records how money was spent. Sustainable Indicators ® ❑ A chart of accounts is used that identifies categories in a reasonable, usable manner. ❑ ® Monthly bank reconciliations have been completed for all utility accounts. ►/ ❑ The utility has a purchasing system that requires approval prior to purchase, and the approval process compares proposed purchases to budgeted amounts. Although the City has an adopted collection policy, it has not been actively or consistently enforcing it. The City utilizes QuickBooks for accounts receivable, accounts payable and payroll. The QuickBooks system is set up properly and has been a tool in the past to reliably keep the City's finances in order. Currently bills are not going out on a regular basis due to staffing issues. It is recommended the Council review and implement the City's collection policy immediately. The City utilizes QuickBooks for accounts receivable, accounts payable and payroll. The QuickBooks system is set up properly and has been a tool in the past in keeping the City's finances reliably. Unfortunately in the past few years the employees responsible for accounting entry failed to enter data or execute the program functions properly, which has lead to the City writing numerous NSF checks and an inaccurate accounting of the cash on hand. Essential Indicators Report Page 4 Tax Problems Essential Indicators Yes No NA ▪ ❑ 111 Z ▪ ❑ The utility has a system to accurately calculate, track, and report payroll tax liabilities. The utility is current on filing federal and state tax reports. The utility is current on making federal and state tax deposits. ❑ If there are any past tax liabilities, a repayment agreement has been signed and repayments are current. As stated previously the City has a QuickBooks system that accurately tracks, calculates and reports payroll tax liabilities if the accounting personnel is competent and reliable in the data entry. The City has struggled to pay the monthly payroll liabilities to the bank due to staffing issue but has managed, with RUBA assistance, to submit the quarterly reports to the IRS on time. To date the City has not received any non-compliance notices from the IRS. Personnel System Essential Indicators Yes No • ❑ Sustainable 111 El The utility has a posted workers compensation insurance policy in effect. Indicators The utility has adopted and uses a Personnel Policy, which has been reviewed by an attorney, AML, or DCCED for topics and language. ❑ ® The utility has adequate written job descriptions for all positions. ❑ ® The utility has adopted and follows a written personnel evaluation process that ties the job description to the evaluation. ❑ ® The utility has an adequate written hiring process. ❑ ® The utility has personnel folders on every employee that contain at least: I-9, Job Application and Letter of Acceptance. ❑ ® The utility has a probationary period for new hires that includes orientation, job- training/oversight, and evaluations. ❑ ❑ The utility provides training opportunities to staff as needed and available. The City of Larsen Bay has a posted workers' compensation insurance policy in effect from 7/1/07 to 7/1/08 with AML/JIA. The City's current hiring process is historical and is not written. Job notices are posted with the job title and description for 10 days. Interested applicants apply at the City office. There is currently no probationary period for employees. Training opportunities to staff are provided as funds allow or opportunities by other sponsors come available. Essential Indicators Report Page 5 Organizational Management Essential Indicators Yes No ® ❑ The entity that owns the utility is known and the entity that will operate the utility is set. ® 0 The policy making body is active in policy making of the utility. O The policy making body enforces utility policy. ® ❑ The utility has an adequately trained manager. O 14 The utility has an adequately trained bookkeeper. ® ❑ The utility has an adequately trained operator(s). ® ❑ The utility has adopted the necessary ordinances (or rules and regulations) necessary to give it the authority to operate. Sustainable Indicators ❑ 1/ The utility has adopted an organizational chart that reflects the current structure. ® 0 The policy making body meets as required. ® ❑ The utility complies with the open meeting act for all meetings. The current utility operator is trained but has not passed the OIT test. The interim clerk has no prior bookkeeping experience. The city council presently does not enforce the collection policy consistently. Efforts to once again enforce the policy are being pursued. Essential Indicators Report Page 6 Operation of Utility Essential Indicators Yes No ® ❑ • ❑ The utility operator(s) are actively working towards necessary certification. The utility has a preventative maintenance plan developed for the existing sanitation facilities. Sustainable Indicators ❑ ►/ The manager receives a monthly O&M report from the utility operator and routinely "spot checks" the facilities to see that the maintenance items are being completed. ❑ ® The utility has a safety manual and holds safety meetings. ® ❑ Utility facilities have not suffered any major problems/outages due to management issues that are still unresolved. ❑ // The utility is operating at the level of service that was proposed. ® ❑ The operator provides status reports to the manager on a routine basis. ® ❑ The utility has completed and distributed its Consumer Confidence Report (CCR). ❑ ® The utility meets all required regulations (is not on the Significant Non -Compliance (SNC) list). ❑ s The utility maintains an inventory control list. The utility maintains a critical spare parts list. ►s/ In speaking with the Remote Maintenance Worker, Steve Evavold of Village Safe Water, there is a preventative maintenance plan for the existing system. The current utility operator is trained and can run the system but has not passed the OIT test. Historically the utility operator reports to the Mayor or Vice -Mayor when there is a problem or he can foresee one. The utility is not able to operate at the level of service that was proposed due to the inability to backwash the rapid sand filter. The utility does not meet all required drinking water regulations. The City is currently on the SNC list for treatment technique violations and monitoring violations for Stage one and SWTR. The utility operator and Council attempt to keep needed critical spare parts on hand. Essential Indicators Report Pagel Major Recommendations The City of Larsen Bay has not met all of the essential capacity indicators. In order to meet them, the utility must take the following actions: • The City Clerk should prepare and submit monthly financial reports to the Council. • The City Council needs to make a financial plan to purchase an adequate supply of fuel. • The City Council should review and enforce the collection and disconnection policy they have previously adopted. • A consistent active effort must be made to bill utility customers on a regular basis. • The City is not current with payment of 941 tax liabilities although all reports have been submitted with the assistance of the RUBA program staff. • The City should make it a priority to hire a new City Clerk to perfo,u, the bookkeeper's duties and actively support any training available. Conclusion and Next Step In addition to the Major Recommendations, the City of Larsen Bay can work to improve Sustainable Indicators in the areas of "Utility Finance," "Personnel System," "Organizational Management," and "Operation of Utility." It is recommended that: • The City identify revenues to sufficiently cover operating expenses and R&R cost. • The Council should follow the proper procedures in amending and adopting budget amendments. • The utility create and adopt a personnel policy. • The utility create adequate written job descriptions for all positions. • The utility adopt and follow a written personnel evaluation process that ties the job description to the evaluation. • The utility create an adequate written hiring process. • The City should update all personnel folders to ensure every employee file contain at least I-9, Job Application and Letter of Acceptance. • The utility have a probationary period for new hires that include orientation, job training/oversight and evaluations. • The utility adopt an organizational chart that reflects the current organizational structure. • The Manager/Mayor routinely "spot checks" the facilities to see that maintenance items are being completed • The utility supply safety manuals and hold safety meetings. Essential Indicators Report Page 8 • The utility meet all required drinking water regulations. The regional RMW can assist in meeting this step. • The utility maintain an inventory control and critical spare parts list. By implementing the above recommendations, the City of Larsen Bay will put itself into position to better meet unanticipated financial costs and ensure that employees are aware of their conditions of employment. The City of Larsen Bay billing staff was open and helpful with providing information to complete this assessment. The City Council realizes the importance of community health, financial stability, effective utility management practice and sustainability. RUBA staff is available to provide assistance for any sustainable capacity indicators that are not being met. CC: Steve Evavold, RMW Elizabeth Manfred, RUBA, Program Manager Steve Forslin, ANTHC, Engineer Essential Indicators Report Page 9 MEMORANDUM STA I OF ALASKA Commerce, Community, and Economic Development TO: Mayor William Nelson DATE: July 8, 2008 City of Larsen Bay FROM: John Nickels PHONE NO: 269-4564 LGS III/ RUBA SUBJECT: Larsen Bay Water/Sewer Utility Rate Study Introduction The Rural Utility Business Advisor (RUBA) program provides management assistance to small utilities with a variety of management tasks, including setting utility rates. RUBA staff traveled to Larsen Bay July 1-3, 2008 at the City's request to collect financial and operational data necessary to conduct a utility rate study for the water and sewer utility. Utility Operating Expense Utility rates should be set so that they generate sufficient revenue to cover the costs of operations and maintenance, and funding a reserve account for repair and replacement of equipment. The key to setting good rates is to have a clear idea of these costs. The following cash basis financial report for the water and sewer utility was provided by city staff to document expenses and revenues for FY08. 208 PM City of Larsen Bay -2003 07181108 Profit & Loss by Class Cash Basle July 2007 through June 2009 Water & Sewer TOTAL Ordinary IncomelExpenee Income income 14232.50 14,232.50 Total income 14,232.50 14 a+x.50 Gross Profit 14,232.50 14,232.50 Expanse Chemicals & Testing 6,112,60 6,112.60 Dues & Suescriplions 50.00 50.00 Electricity 4,698.85 4,898.85 Fdayht 320.80 329.06 Fuel Oil 1,301.01 1,301.01 Insurance & Banding 3,251.00 3,251.09 Parts & Supplios 1,437.60 1,437.60 Payroll Expenses 11.88592 11,885.92 Payroll taxes 1,130,64 1,136.64 Postage 5.05 5.05 Travel Airfare 99.50 94.50 Per Diem 5500.00 500.00 Travel •Othor 224.40 22440 Total Travel 818.90 818.90 Total Expanse 31,02545 31,02546 Not Ordinary Income -16,792.66 -16,792.95 Net Income -16,792.95 -16,792.95 1 City staff stated that expenses associated with pumping individual septic systems are included in the above expenses, and that the current water rate is actually a combined water and sewer rate. Residents are not charged separately for septic pumping services. The report shows that the City is subsidizing the operation of the water sewer utility. Expenses in FY08 exceeded revenues by $16,793; in other words, in FY08 water sewer revenues paid for only about 46% of the utility's expenses. RUBA recommends that water sewer utilities be managed as self-sustaining enterprises, which in the case of Larsen Bay will require an increase in utility rates. Calculation of proposed rates is based on the FY08 expenses. A draft FY09 budget for the utility projects very similar expenses, but a water system project planned for next year will likely add expense items and increase other existing expense items in the water sewer budget. Service to new customers, particularly commercial customers, will also affect expenses and rates. New rates will need to be calculated at that time, and should be reviewed for accuracy at least annually. Repair and Replacement To be sustainable, a utility's rates must also pay for the infrequent expense associated with replacing worn out equipment. A repair and replacement fund should be created to replace equipment with a useful life of less than ten years. The amount to be set aside each year is determined by dividing the cost of the equipment by the estimated life of the equipment in years. RUBA recommends that at least two items be included on a list of equipment that will need to be replaced periodically. The first replacement item is the water filter media, which is estimated to have a useful life of 10 years and would cost $10,000. Setting aside $1,000 each year for ten years would ensure the necessary funds will be available. The other item is a group of three chemical pumps used in the water treatment process. These pumps each cost about $1,000 and have an estimated useful life of 3 years. Setting aside $1,000 each year would ensure funds are available for pump replacement. A total amount to be set aside each year for repair and replacement is $2,000 and is to be added tothetotal operating expense ($31,025) to determine the annual revenue requirement, which is $33025. The City's remote maintenance worker (RMW) and sanitation project engineers may be consulted to verify the amount to be set aside for repair and maintenance. Collection Rate A factor that greatly impacts the revenues received by a utility is the collection rate, which is that portion of the total amount billed that was actually received by the utility. For various reasons, utilities rarely receive 100% of what was billed, so rates that are based on the revenue requirement will always fall short in collecting the needed revenues. To allow for this shortfall, rates are based on a larger amount, which is determined by dividing the annual revenue requirement by the collection rate. The financial reports for the water sewer utility indicate that for FY08, the collection rate was 812% for all customers combined. Collection rate by class was not determined. Dividing the revenue requirement (33,025) by the collection rate (83.2%) yields 39,693.51 which is rounded to 39,694. Rates based on this number will result in the needed $33,025 if the collection rate remains at 83.2%. 2 Customer Classes and Current Rates The utility charges customers for water service using a monthly flat rate. In the case of commercial customers, individual monthly rates are used that are based on the residential rate and the estimated use of water compared to average residential use. The current classes, numbers of customers and water rates are as follows: Residential; 33 customers; monthly rate is $23.18. Seniors; 12 customers, monthly rate is $8.75. School; one customer; monthly rate is $300.00. Public Facilities; 5 customers; monthly rate is $23.18 Commercial; 6 customers; monthly rate varies depending on estimated volume of water use compared to an average residential customer. The six lodge businesses were identified and currently are charged a commercial rate are as follows: Larsen Bay Lodge, $185.44 Uyak Bay Lodge, $69.54 Kodiak Charters, $69.54 Kodiak Lodge, $92.72 Foxtail, $23.18 Island Resort, $46.36 Proposed Rates A water meter at the water treatment plant records the number of gallons of water that is treated. A cost per gallon was calculated, but cannot be applied to individual customers because none have meters to record the amount used. Rates that would meet the revenue requirement were initially calculated based on the estimated use of water by each class and the cost per gallon. After discussions with city staff and others, adjustments were then made to allow for a lower rate for seniors, the same rate for the school, and a higher rate for public facilities. The rates were recalculated to include the changes but still yield the necessary revenue requirement. Upon reviewing the resulting rates, it was pointed out that the commercial customers varied greatly in size and that including all in one class with the same rate might be unfair. In addition, different lodges operate for different periods of time each year and a seasonal rate would be more appropriate. In response to those concerns, the commercial class was divided into large and small commercial classes, and estimates of the operating periods for each commercial customer were made. Rates were again recalculated to yield the necessary revenue requirement, and are summarized in the table below. 3 J Monthly Annual Rate Contribution Residential (32) $46.00 $14,696.45 Senior(11) 23.00 2,525.95 School 300.00 3,600.00 Public Facilities Clinic 52.00 624.00 Post Office 52.00 624.00 VPSO 52.00 624.00 City Office 52.00 624.00 Tribal Office 52.00 624.00 Lg Commercial Larsen Bay Lodge 9 months 3 months Uyak Bay Lodge 9 months 3 months Kodiak Charters 9 months 3 months Island Resort 4 months 8 months Kodiak Lodge 4 months 8 months Sm Commercial Foxtail Lodge O'Brien's Seafoods 4 months 8 months 4 months 8 months 220.19 1,648.78 46.00 114.82 220.19 1,648.78 46.00 114.82 220.19 1,648.78 46.00 114.82 220.19 732.79 46.00 306.18 220.19 732.79 46.00 306.18 95.00 316.16 46.00 306.18 95.00 316.16 46.00 306.18 Sourdough Bay Lodge 4 months 95.00 316.16 8 months 23.00 153.09 Projected annual revenue $33,025.07 The rates and projected revenues are based on a collection rate of 83.2% for customers in the residential, senior, and commercial classes. Based on discussions with city staff and others, a 100% collection rate is assumed for the school and public facilities. The proposed rates will currently meet the revenue requirement for the water sewer utility but further adjustments can be made and the rates recalculated if requested by the city council. Observations: The only meter data for the utility is for the water plant, and estimates of water use by class added up to far less than the actual amount documented in the meter logs. Utility data indicates that the 7,170,068 gallons of water were treated, and an estimated 3,395,000 gallons were consumed by utility customers. This means that about 53% of the treated water is being lost. Possible explanations for the unaccounted water use include faucets left running to prevent freezing in winter, leaks in the distribution system, or 4 hoses left running. If these losses could be prevented or reduced, significant savings might be realized that would allow lower rates. The collection rate was found to be 83.2%, which was used to calculate the proposed rates. The rates could be decreased slightly if the collection rate could be improved. The use of water meters would allow rates to be based on the actual amount of water consumed, and would encourage water conservation, which would lower operating costs. RUBA recommends water meters for all commercial customers. The proposed rates include septic pumping service, which is not currently billed. Accounting for septic pumping expense separately would allow a separate charge to be determined for this service, and would allow a lower charge for water service. Calculation of proposed rates is based on the FY08 and projected FY09 expenses, which are similar. Any change to the system such as a project that installs new equipment or inclusion of additional customers will affect utility expenses and the rates that should be charged. New rates will need to be calculated at that time, and should be reviewed for accuracy at least annually. 5 CITY OF LARSEN BAY PO BOX 8 LARSEN BAY, ALASKA • 99624 PHONE: 907-847-2271 • FAX: 9U7447-2239 E-MAIL: CITYOFLARSENEAY@AOL.COM RESOLUTION NO. 08-05 A RESOLUTION REQUES I'ING 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 Larsen 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 Tarsen 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 Larsen Bay. BE IT FURTHER RESOLVED THAT; the Larsen 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 /9rday of /% a-.. r' e,, h Y J 7 ,o03 "SIGNED: 0020. ,A -,calmn. (Mayor) ATTEST: A- tl1 Secretary Treasure) pew/4=19071847-2907 FAx 19071847-9307 PC Box 60 1„nresent gAV ALC CA 99624 To Whom It May Concern: This letter is to acknowledge that the Native Village of Larsen Ba Tribal Counci recognizes the property listed as lots 1, la, 2, and 3 as places of his cal findings a d historica significance to our Tribe. There have been and continue to be a ' ds found in fiese area as well as human remains. Thank you for your time and acknowledgement of this matter, Sincerely, rifeoe Vice President Native Village of Larsen Bay Tribal Council Ztd 6 tied DEPARTMENT OF NATURAL RESOURCES DIVISION OF PARKS 8 OUTDOOR RECREATION OFFICE OF HISTORY AND ARCHAEOLOGY April 25, 2008 RE: Larsen Bay Subdivision / Re -zoning Bud Cassidy, Director Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Mr. Cassidy: SARAH PALIN, GOVERNOR 550 WEST 7TH AVENUE, SUITE 1310 ANCHORAGE, ALASKA 99501-3565 PHONE: (907) 269-8721 FAX: (907) 269-8908 The Office of History and Archaeology was recently notified of a request to the Borough for re -zoning a portion of the Larsen Bay Subdivision from residential to commercial. As you may be aware, this area of the Larsen Bay town site is coextensive with a large prehistoric settlement and cemetery known collectively as the "Uyak She" or "Our Point Site" (State Inventory # KOD-145). This site, which covers around 8 acres, has been the focus of several archaeological investigations since 1931. In 1991, the site made headlines when the Smithsonian Institution repatriated 300 sets of human remains removed during the 1930s. I had an opportunity to conduct excavations at the site myself in 1993 in conjunction with a road construction project. At that time, intact portions of the site were buried beneath road fill. While much of the site has been destroyed as a result of modern residential and commercial development, it is likely that discontinuous intact deposits of archaeological materials remain. The archaeological site is privately owned and is not protected by public laws, except that the disturbance of graves and human remains is prohibited. We hope that you will consider the importance of the site and the potential effects of commercial development while making your zoning decision. Don't hesitate to contact me if I can provide further information. Sincerely, J. David McMahan Alaska State Archaeologist, Deputy State Historic Preservation Officer "Develop, Conserve, and Enhance Natural Resources for Present and Future Alaskans." a n -04 ROP.*.0 CAP • WMRta W MI•LYT • •IYSS cs•R[D MOW MST 100 b 0 '00 ZOO It ie. U. S. SURVEY No. 4872 TOWNSITE OF LARSEN BAY, ALASKA Peritonea should bo side to Sheet So. 1, for survey Infcrotioi. \ a `i =MED SGSE9 07 ZJ2 DI U m' 216 ffi=1011 Ba., 0 DP LASD SAbb nz CI. rahicgtco, D. D. RErussy 18, 1969 ‘t. (L SMa plat is otrietly conformable to tiro emoted field nates. and the Survey, hewing been correctly executed So aeca1aacee Nthe teyutreeenta of leu W lthe regulations off QM Hunan, Ss hereby seeaptei. .„_„ f[oorr the Dincctorr� \\ Qday. Divialm at gasmirol Zany \ -- 0 L to 'Iuc y (t nonsr dt Os t Approx. archaeological site boundary (KOD-145). 6! 17) Duane Dvorak Subject: FW: Larsen Bay Comp Plan From: Allen Walburn [mailto:awalburnl@comcast.net] Sent: Wednesday, February 13, 2008 11:41 AM To: Duane Dvorak Subject: Larsen Bay Comp Plan February 13,2008 To: Kodiak Island Borough Planning & Zoning Commission Kodiak, AK 99615 From: Alaska's Kodiak Island Resort P.O. Box 36 Larsen Bay, AK 99624 Subject: Larsen Bay Zoning Dear Sir: Recently we were made aware that the Kodiak Island Borough (KIB) was directly responsible for zoning enforcement and compliance in Larsen Bay. Our company, prior to developing our property was lead to believe that our lot was zoned properly and in complete compliance. This information was conveyed to, us by the property seller as well as Larsen Bay elected officials. At no time were we ever made aware, or noticed that the Kodiak Island Borough was developing and enacting a comprehensive plan that would make our property non- complying. We are not requesting exceptions to KIB regulations, only consistency and equality. Adoption of the KIB comprehensive plan in December 2007 has created several non -complying properties. Unless compelling and convincing arguments are brought forward, in objection, all sites similarly situated should be rezoned together. As a new lodge owner and operator we have operated within the community with a mindset to better our village. Kodiak Island Resort has employed local people, participated and donated to civic projects, paid Kodiak Island Borough property taxes, Larsen Bay's bed taxes in addition to working with a youth KANA program. We want to support our community and borough and only desire to be allowed to continue to operate as we have since our inception in 2006. Please suspend pending requests for rezone and consider adopting a ICIB plan that addresses all interested and similarly situated parties simultaneously. Only after adoption and implementation of the plan should non- conforming sites seek a rezone or variance. We suggest a meeting with the affected parties in the early spring (May or June). Thank you for your time and consideration of this matter. Sincerely, Allen Walbum Managing Partner Alaska's Kodiak Island Resort 1 ECEM KODIAK ISLAND BOROUGH EB 1 1 20OB0IWVIUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -D COM MUN!TYbEV`LOPMENT DEPARTMENTPUBLIC HEARING G NOTICE.l A public hearing will be held on Wednesday, February 20, 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: 03-011 APPLICANT: V. Michael & Lisa Carlson; Brad & Tammy Aga; City of Larsen Bay REQUEST: LOCATION: ZONING: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 - 3, Block 2, Lots 1, IA and 2 - 3, and Block 3, Lots 1 & 2 from RI - Single Family Residential to B - Business. 100, 101 and 103 Second Street and 92, 94, 95, 96, 97, 98, and 99 Third 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 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, February 13, 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 at486-9363. / / /567 `rtoneer awl 1 n SE Your Namc:4er' !-• t/9ua.rs� Addrfese:&S3•�1ai 4.t WS (:4 o`t3 fin( /Mailing Your propertydescripdon: ^R25.� .AYa Ilea* , r L07 2 comment:.0 Real er Gas rel) +tztlete 1'I'gA am m�l�a.en 4.i Mut Lyv.. , Ime /r / I C...d 2 roar' boavcl • reqs .Y • •cIai as`,c wait., ',referecl'Q(ec ?c Servitor r 1 4 ..'4 . -. r, q f. r/ esti 0.M.d,/Se(lap�pr $Tt' VIc� be rn((1U1ic%c% 'Yb Pa.Ggh 16T Wi lrt. th a YL"7anit'1 Y .u.e)+ fRlo P. �v a„p.m+ ,,,,..4*L J eV «pPrea a r¢�w.,� r uaa/�.na w le a -e J award Ott rfe owner �iaa.Q Oppvv4u.n14 Ter bwlwess es-L.bl;d�ih!man*. 7103 would shier-+ Cq�.prt t� ` tettop,ei.;.* Pkt98t' Ili FCo.. `Ci. o.f 4i) .o bj..A c. 2 a.a.d 3. do :-L. 9 r J1ol'celi,,v,,Qpp..4. CokpreLesvt%K ?IVO. L(pd.itee. CrLO Ver (Z i►.pliavw.,Jt'i A+UWv. G7.oft -i10 t I fan- w&.e..{�v!) .. Leet....Q ;i} . -L a 4- r Tat. 1 e -•L 'Ilett,.. Z Z. t� �Wpp/ 4&V • gag L—' el.4-r d . F.bI- 1 .0 I NOTE TO READER: ITEMS THAT HAVE A INDICAI'LS EXISTING CODE LANGUAGE THAT LS PROPOSED TO RE DELETED UNDERLINED LAN&UAGEISLANGUAGE_ 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 Rome. "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 VACATIOiN 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 Rl - 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 y. 9/10/2008 Uyak Bay Lodge Spectacular fishing and hunting. Amazing wildlife and scenery. First class accommodations and service. Your great Alaskan fishing or hunting experience awaits you! Uyak Bay Lodge is located in Larsen Bay, Alaska, 60 miles Southwest of the city of Kodiak, accessible by a scenic plane ride from Anchorage or Kodiak. We provide professional fishing guides with many years of experience on the Karluk River, recognized as one of the best salmon fishing rivers in the world. With over 30 years experience on the local waters surrounding this area of Kodiak Island and specifically the Uyak Bay region, our salt water fishing guides will help make sure you have the halibut fishing adventure of a lifetime. All of our fishing guides specialize in particular areas of expertise and take pride in making sure you receive the benefits of their knowledge. Accommodations include an over 5000 square foot beach front lodge featuring 11 guest rooms, six rest rooms, two living rooms, a game room, a dining room, kitchen and separate hot tub facility overlooking the ocean. Enjoy delicious chef prepared meals while taking in the view of Uyak Bay. The opportunity to visit Larsen Bay and spend time in the village will provide a genuine native cultural experience that is just another benefit of staying with the pros at Uyak Bay Lodge. http://www.uyakbaylodge.com/ 1/2 9/10/2008 Uyak Bay Lodge For spectacular video of amazing salmon and halibut fishing, our lodge, Alaskan wildlife and scenery, click here. Click here to view photo album Home The Lodge Fishing Hunting Viewing Wildlife F.A.Q. Rates Larsen Bay Weather Island Air Alaska Department of Fish and Came Alaska Aviation Weather Unit http://www.uyakbaylodge.com/ 2/2 9/10/2008 Uyak Bay Lodge - the Lodge Home The Lodge Fishing Hunting Viewing Wildlife F.A.Q. Rates Accommodations at Uyak Bay Lodge include over 5000 square feet of beachfront lodging featuring 11 guestrooms, six rest rooms, client laundry facilities, two living rooms, a recreation room with satellite big screen television, kitchen and dining room over -looking Uyak Bay. All of your meals are selected and prepared fresh each day from the finest ingredients by our chef. Breakfast and dinner are served in our 25 person dinning hall in the upper level of the lodge. Lunch is prepared and packaged for you in the appropriate manner to assure the quality while you are out hunting or fishing. After dinner you can relax in the recreation room by the fireplace. Play a game of pool or sit down, relax and catch up on world events on our big screen TV. Satellite and wireless http://www.uyakbaylodge.com/lodge.... 1/2 9/10/2008 Uyak Bay Lodge - the Lodge communications make checking your e-mails from the Lodge a simple task for those who may need to check in on their business or family. At the end of a day of flight seeing, hunting or fishing, relax in the hot tub in front of the lodge. The hot tub lounge overlooks the beach and Uyak Bay. Enjoy a gorgeous view of Uyak Bay from the lodge, the deck and from the hot tub. For spectacular video of amazing salmon and halibut fishing, our lodge, Alaskan wildlife and secnery, click here. Click here to view photo album Home The Lodge Fishing Hunting ViewingWildlife F.A.Q. Rates http://www.uyakbaylodge.com/lodge.... 2/2 9/10/2008 Fishing at Uyak Bay Lodge Home The Lodge Fishing Hunting Viewing Wildlife F.A.Q. Rates The Karluk River and the surrounding areas of Larsen Bay provide access to salmon, Steelhead, Dolly Varden and Rainbow trout for the sport fishing enthusiast. Sport fishing in and around Larsen Bay is spectacular and an experience not soon forgotten. Our float planes provide access to the world famous Karluk River, known as one of the premier salmon fisheries since the 1890's. You can spend a day floating and fishing for King Salmon on the Karluk River while enjoying unsurpassed scenery and observing the abundant wildlife. We also have access to other fresh water streams and lakes that host runs of Sockeye, Chinook, Coho and Pink Salmon. Depending on the time of year, Steelhead, Rainbow trout, Arctic Char and Dolly Varden will test your fishing skills with your choice of equipment. The salt water bays and ocean surrounding Kodiak Island are well known for exceptional fishing for Salmon, Pacific Halibut and all the species of Cod and Rock Fish.. http://www.uyakbaylodge.com/fishing... 1/5 9/10/2008 Fishing at Uyak Bay Lodge King salmon or chinook salmon is Alaska's state fish. It is the largest of the Pacific salmon averaging 20 pounds and may reach over 100 pound. The Kings we catch in the Karluk River commonly exceed 30 pounds and 40 inches in length. King salmon fishing in the Karluk River is truly an Alaskan adventure. Uyak Bay and the surrounding areas offers world class King, Silver Salmon and Halibut fishing. Pacific halibut is Alaska's largest sports fish and a renowned delicacy. On a good day you can expect to catch and release 15 to 20 halibut. Catching that 100 to 200 pound halibut is a common occurrence in the waters we fish. We have the guides and all the best equipment for halibut fishing that makes your trip with us a special experience and you will yearn to come back. Uyak Bay Lodge's objective is to keep its fleet of boats and fishing equipment in exceptional condition. All of our guides are USCG licensed, insured and trained in all aspects of marine safety. Our #1 priority is your safety and comfort. By continually purchasing new top-of-the-line equipment, you can enjoy fishing at its finest, knowing that when the big one gets hooked up you stand an excellent chance of getting it to the boat. http://www.uyakbaylodge.com/fishing... 2/5 9/10/2008 Fishing at Uyak Bay Lodge Uyak Bay Lodge has several specifically designed boats to choose from to go fishing in the ocean. We can take you out in one of our 24 foot skiffs that will allow us to quickly move from one spot to the next to find the big ones. You will be taken by floatplane to the Karluk River to fish for salmon, Steelhead and trout. Your guide will take you 16 to 18 miles down the river stopping at various fishing areas where you will be sure to get your limit. While fishing on the Karluk River you will have plenty of time to enjoy the wildlife. Don't worry, your guide will be there to keep you out of harms way. For spectacular video, of amazing salmon and halibut fishing, our lodge, Alaskan wildlife and secnery, click here Click here to view photo album Book your fishing trip during these prime dates. Kings June 1 - July 10 Silvers August 15 - September 15 Halibut June 1 - September Steelhead September 15 - November Preparation Guidelines for your fishing trip to Uyak Bay Lodge Our primary objective is for everyone to have a safe, enjoyable and rewarding trip while visiting Uyak Bay Lodge. We want to meet and exceed your expectations and to do so will require some input and http://www.uyakbaylodge.com/fishing... 3/5 9/10/2008 Fishing at Uyak Bay Lodge feedback from each of you. Larsen Bay is in a fairly remote area and has limited air travel access, so logistics are an issue. There are no local hospitals or medical facilities in the village and the only store is associated with the local fish processing plant. If anyone has any special requirements for meals or pre-existing health issues please let your host and the lodge manager know so we are prepared. Don't forget your camera and bring plenty of film or memory sticks. The local telephone number at Uyak Bay Lodge is: 907-847-2350. Please pack your clothes and personal gear in soft sided duffle bags or small travel bags suitable for travel in small aircraft. The lodge has excellent facilities and all towels, bedding, etc., will be furnished. Dress is casual - one change of clothes for the time spent at the lodge is adequate - sweat pants, slacks or jeans and a sweater or shirt is typical. As per our Alaska custom, we do not wear hard soled shoes, or shoes worn outside, while inside our lodge. Slippers, heavy socks, tennis shoes or moccasins are acceptable. We have an enclosed hot tub facility right on the beach, so bring your swimsuit so you can relax and enjoy the scenery while unwinding from a day outdoors. Following are some recommendations and input that may help everyone get ready for their trip to Larsen Bay, Alaska: It is important to be comfortable and have the right clothes to stay dry while fishing, hunting or rafting with us. Our outside temperature will vary from low temperatures in the morning during the summer that are mid -40's F to the highs near 70 degrees F. By October the temperatures will be as low as the mid - 20's F to highs up to 45 degrees F. It is normally breezy on Kodiak Island and the winds can vary from still 2 -3 mph to 25 - 45 mph. Rain is common, although the amount is not usually significant; a light mist for a few hours can be miserable if you are not prepared. And yes, the sun can also be pretty bright and shines for about 18 hours a day in July with 20 hours and 15 minutes of visible light. Or as little as six hours a day in November. How to dress and what to bring so everyone has a great time on the Karluk River, Larsen Bay and at Uyak Bay Lodge: 1) You don't need a lot of clothes at the lodge — bring whatever is comfortable and you like to relax in - jeans, slacks, sweat pants and shirt or sweater. There are washers and driers available and the staff can always assist in getting fishing or hunting clothes dry or washed, if necessary. There is nothing formal or fancy to do in Larsen Bay - we are down home and the intention is for everyone to relax and enjoy the scenery and fishing. 2) Be prepared for fishing with the basic recommend clothing to wear. It is important that the younger guests stay dry and warm. Once a trip is started down the river it will be a few hours until you get to the pick up point where the plane will meet you and your guide and fly everyone back to the lodge in the evening. NO COTTON CLOTHING-- And avoid wearing white clothing as it does attract bugs. Expected Summer Temperatures: Low 40F to High 70F. http://www.uyakbaylodge.com/fishing... 4/5 9/10/2005 Fishing at Uyak Bay Lodge Summer Fishing List - Light weight rain jacket with hood - Fleece vest - Long underwear shirt (polyester or UnderArmourTM ColdGear) - Synthetic long sleeve shirt or WindStopperTM Sweater - Chest waders with felt soled boots and a wader belt - Wool or synthetic socks (2 pairs) - Fleece or PolartecTM wading pants - Hats (Baseball style with dark colored lining under the bill or stocking hat) - Gloves (fleece and fingerless) - Polarized Sun Glasses - Insect head net - Waterproof bag to carry camera and extra clothes while rafting and boating - Personal toiletries and medicines - Layered clothing in Polyester / Fleece / Wool - Wind proofing shell or rain jacket - Fishing License / Native Land Use Permits / King Salmon Stamp and Picture ID (to be carried on your persons at all times while on water)** Fishing Gear Links: Cabelas; Simms Fishing; UnderArmour. ••Children under 16 years of age must have a Harvest Permit Card. Home The Lodge Fishing Hunting ViewingWildlife F.A.Q. Rates Alaska Department of Fish and Cane Emergency Orders/News Escapement / Fish Counts http://wwwiuyakbaylodge.com/fishing... 5/5 9/10/2008 Hunting at Uyak Bay Lodge Home The Lodge Fishing Hunting Viewing Wildlife F.A.Q. Rates Hunting Sitka Black -tailed Deer The Larsen Bay area is well known for its abundance of Sitka Black -tailed deer. Deer hunting opens in early August but the best hunting months are the end of October through the end of December. Sitka Black -tailed deer live alone or in small groups of two to five deer and form larger groups during the rut and in the winter near their food supply. Late in the season large herds are often observed down near the shoreline foraging for food if there is snow to force them down to the beaches. Early in the season the big bucks are seen at higher elevations which require a hunter to make stalks to the .upper elevations to be successful. These deer are usually more active at dawn and dusk. The does average 80 pounds and the bucks are normally about 120 pounds but can exceed 170 pounds. All of our hunts are unguided hunts and have yielded many trophy animals and satisfied hunters. Duck Hunting The Uyak Bay area offers a wide variety of Ducks. Hunting season opens in early October. Mallards, Teal, several species of Golden Eye, Surf Skooters, Sea Ducks, plus Harlequins and Old Squaws are just a few of the types of ducks available. Each year, hunters need to review and understand the Alaska Division of Fish and Game and Federal Waterfowl Regulations before they http://www.uyakbaylodge.com/huntin... 1/3 9/10/2008 r�a :,.:y^ Hunting at Uyak Bay Lodge Game and Federal Waterfowl Regulations before they start their hunts. Kodiak Island is also home to the Barren -ground caribou and Reindeer. A short flight via float plane is required to get to the areas where these caribou and reindeer are found. Goat Hunting The Alaska Mountain goat has black horns 9 to 12 inches long. The male is about three feet high at the massively humped shoulder and weighs up to 200 pounds. Alaska Mountain goats live in small herds on steep mountain sides and cliffs, feeding on the stunted vegetation above the timberline. We can transport you by boat to an area where these goats are found. This is also an unguided hunt and is available only to Alaska Residents with goat permits. fr For spectacular video of amazing salmon and halibut fishing, our lodge, Alaskan wildlife and scenery, click here, Click here to view photo album Recommended Hunting Gear Clothing List Warm hunting jacket - synthetic fill Light weight jacket - wool or pile 2 pair pants - 1 fleece / 1 wool 2 pair long underwear - poly -fiber / under armour cold gear 1 vest poly -fiber / fleece 2 hunting shirts - poly -fiber / wool / fleece Wind stopper sweater Light weight rain gear -jacket and pants Gloves - 1 pair ski gloves / 1 pair leather 4 pair wool / synthetic socks Hunting boots Waders with felt bottoms (wader belt) or ankle -fit hip boots 1 pair camp shoes 9 noir linhf nrpinht cnnkc http://www.uyakbaylodge.com/huntin... 2/3 9/10/2008 Hunting at Uyak Bay Lodge 2 pair light weight socks Insect head net Sunglasses Warm wool stocking hat Personal toiletries and medicines Guns and Ammo Shotgun for waterfowl with steel / Bismuth #4 shot / Ptarmi Rifle and at least 2 boxes of ammunition Scope : waterproof with covers Soft gun case / waterproof gun boot for marine travel Gun oil Waterproof binoculars / range finder (optional ) Hunting Gear #6 shot Knives - skinner and pocket knife Water bottle Day pack / waterproof bag to carry camera and keep spare clothes dry Shooting stix / bipod Cabela's #QR -223064 (optional) Moleskin Sunscreen Orange trail marking tape Hunting license/ big game tags / waterfowl stamps Expect temperatures: low 15 degrees F to High 60 degrees F NOTE: Check your airlines for gun and ammunition regulations. The airlines will require a hard case that can be locked. Home The Lodge Fishing Hunting Viewing Wildlife F.A.Q. Rates Alaska Department of Fish and Game Larsen Bav Weather AlaskaAirline http://www.uyakbaylodge.com/huntin... 3/3 9/10/2008 Wildlife at Uyak Bay Lodge Hunting Viewing Wildlife F.A.Q. Rates The world's largest brown bear (Ursus arctos) inhabit the lush terrain on Kodiak Island and sightings are a daily occurrence in Larsen Bay, in the heart of' Kodiak National Bear Refuge. The Kodiak Brown bear, are classified as a distinct subspecies from those on the mainland because they are physically, as well as, genetically isolated and have a distinct skull shape.They are the largest of the brown bears, sometimes reaching a length of nine feet, a shoulder height of four and a half feet, and a weight of over 1,600 pounds. Many of the brown bears have made the surrounding areas of Larsen Bay their home and can be observed in the summer months when they are foraging for berries or feeding on the salmon in the nearby creeks and streams. http://www.uyakbaylodge.com/wildlif.... These mountains are also home to Sitka Black -tailed deer. Bucks reach maturity weighing about 120 pounds, whereas does tend to be much smaller. During the summer months they feed on shrubs and other green vegetation. In winter months they feed on berries and low Bowing brambles. 1. 9/10/2008 Wildlife at Uyak Bay Lodge Sea Lions feed primarily on fish and squid and are known to dive as deep as 600 feet for food. During the breeding season they gather in colonies on the shore. The males establish territories and assemble harems, usually numbering 10 to 15 females. Stellar's Sea Lion is one of the largest of the pinnipeds, exceeded in size only by the elephant seal and the walrus. Males may grow up to 13 feet long and weigh as much as 1,800 pounds. Sea otters and sea lions are also found in shallow coastal waters of Larsen Bay. They prey on crabs, mussels and other fish. These creatures can be seen floating on the surface of the water or among the think kelp forests or basking on the rocky coastline. The American Bald eagle is found in all parts of North America near water and feeds chiefly on dead fish and rodents. The northern species is slightly larger than the southern, which ranges throughout the United States. There is a large population of Bald eagles on Kodiak Island and many make there home along the Karluk river. Alaska boasts a largest population of eagles amid the beautiful scenery. Watch the great American bald eagle soar over head or perch on a near by stream and catch fish. Either way, they majestic profile can be seen almost every day. A variety of sea birds abound in Uyak Bay including Puffins and a wide variety of ducks. Whale watching is a great attraction in Larsen Bay. Humpback and killer whales can be seen feeding on other small schooling fish like herring. Humpbacks are generally curious of their surroundings and will occasionally breach or dive deep and show their tails which is a breathtaking sight. Killer whales or orcas, cruise the open oceans and feed primarily on fish. They usually travel in groups and are characterized by the dorsal fin which protrudes out of the water. A male Killer whale may reach a length of 30 feet and females half that length. It is a swift and ferocious animal, armed with more than four dozen sharp teeth, and is the only wholes that fapAc ramdarly nn 1tirric nr mammalc Winn? urh alnc http://www.uyakbaylodge.com/wildlif... 2/3 9/10/2008 Wildlife at Uyak Bay Lodge whale that feeds regularly on birds or mammals. Killer whales eat seals, sea birds, and fish, and in packs they will even attack larger whales. The sea life around Kodiak Island is said to be the richest in the world. Many times Gray, Humpback, and Killer whales are surfacing nearby while we are fishing. Kodiak is also home to sea otters, sea lions and seals. King crab, Dungeness and Tanner crab are also found in the depths of Uyak Bay. For spectacular video of amazing salmon and halibut fishing, our lodge, Alaskan wildlife and secnery, click here. Click here to view photo album Home The Lodge Fishing Hunting Viewing Wildlife F.A.Q. Rates Alaskan Wildlife Viewing http://www.uyakbaylodge.com/wildlif... 3/3 9/10/2008 Rates at Uyak Bay Lodge iNot ld class IJ1ac tatted Deet httnt tg, Cry tbau, Sea Duck hunts a tgll rt or-Wuttei I in s riit7ce'tlits:ciii 6ttt titrtdtitgyil!it tet. ecteatit) Home The Lodge Fishing Hunting Viewing Uyak Bay Lodge is pleased to offer a variety of activities in an attempt to meet your individual expectations. All of our rates are quoted on a per person basis and for the type of activity you want to experience. We are prepared to customize an itinerary that is compatible to your expectations and at a price that is beneficial for everyone. Please contact us so we can work together to plan your next Great Alaskan Adventure! P.O. Box 128, Larsen Bay, Alaska 99624 1-877-847-2206 Email us http://www,uyakbaylodge.com/rates.... 1/5 Rates at Uyak Bay Lodge 2008 Rates SPORT FISHING June, July, August, September King Salmon, Sockeye, Silver Salmon, Trout, Halibut, Rockfish, Ling Cod, Shark Combination Fly -out Fresh Water & Salt Water trips 4 days $3,600 5 days $4,450 $900 per day "Fly -in for Steelhead - October, November" All prices quoted are per person and includes lodging, meals, float plane transportation to fresh water destinations, guide services, fishing charters, Native Land Use Permits, and fish processing (filet, vacuum packed, flash frozen). SALT WATER August, September, October Silver Salmon, Halibut, Rockfish, Ling Cod, Shark $900.00 per day Pricing per person includes lodging, meals, guided salt water charters, and fish processing. http://www.uyakbaylodge.com/rates.... 2/5 9/10/2008 Rates at Uyak Bay Lodge WILDLIFE VIEWING and FLIGHTSEEING Flightseeing and guided eco tours are always available around the Kodiak Island area. Visit the Land of 10,000 Smokes or take your family on guided Bear viewing and whale watching tours. Kodiak offers a wide variety of wildlife such as the Kodiak Brown Bear, the world's largest carnivore; five species of whales, American Bald Eagles and an abundance of sea and marine life. $500 per day per person HUNTING August - December Fur, Fin & Feather Caribou, Sitka Black -tailed Deer and Ducks $400.00 per day Exclusive daily fly -in and fly -out hunting packages 5 days $5,000 Includes lodging, meals and daily float plane drop offs to various destinations. Observers are always welcome - $175 per night All big game hunts are "self -guided". Price per person includes lodging, meals, marine transportation, drop off, fully guided salt water fishing charters and duck hunting guide. http://www.uyakbaylodge.com/rates.... 3/5 r1 Rates at Uyak Bay Lodge RESERVATION & CANCELLATION POLICY A 50% deposit is due at the time of booking to secure your reservation with the balance due 45 days prior to your planned arrival Reservations made less than 90 days prior to visit require payment in full at time of booking. Payment will be accepted incorporate or personal check, cash or credit card. Cancellations may be made up to 90 days prior to scheduled activity and will receive a refimd, less 25% of deposit. Cancellations made less than 90 days prior to your reservation date will forfeit the entire deposit. If a replacement is found, guest will receive a refund less 25% of deposit, or guest may choose to apply Rill deposit toward a future reservation with Uyak Bay Lodge as long as it is scheduled within the next year. Deposit will be forfeited if the trip is not completed in the following year. Call or email us for additional information: P.O. Box 128, Larsen Bay, Alaska 99624 1-877-847-2206 its For spectacular video of amazing salmon and halibut fishing, our lodge, Alaskan wildlife and scenery, click here. Click here to view photo album http://www.uyakbaylodge.com/rates.... 4/5 9/10/2008 Rates at Uyak Bay Lodge Home The Lodge Fishing Hunting Viewing Wildlife F.A. Q. Rates http://www.uyakbaylodgeicom/rates.... 5/5 9/9/2008 Untitled Documen ter• 'Ares monials 2 • Contact Us WIRELESS INTERNET NOW AVAILABLE! International sportsman and author, Dr. JY Jones cheeks his e-mail before dinner, ;a rs e k-ita a`r1d; ,/u4ska) Call 800-748-2238 No other place name in Alaska invokes the mystery, adventure, and excitement than Kodiak! The name stimulates the imagination and often sends shivers up one's spine. ....Kodiak Island is known worldwide for BIG salmon, BIG halibut, and BIG bears! Google Earth Click to view Larsen Bay Larsen Bay Lodge, accessible by a short 30 -minute flight from the town of Kodiak, has been in operation since 1968 and has entertained thousands of wonderful guests. In 2005 ESPN Outdoors shot an episode at Larsen Bay Lodge with special guest Kevin Sorbo, best known as star of Hercules, Outdoor Life Hunting Editor and author of over 1,500 articles and 23 books, Jim Zurribo, came for a Cast & Blast adventure with us in 2005 as well. At Larsen Bay Lodge the adventure still remains! You can still experience the raw beauty and bountiful wildlife of Alaska, but without the crowds. We offer saltwater AND freshwater fishing. We have our own fleet of boats, our own floatplane, and experienced guides to put you amidst all the hunting and fishing action! World class fishing adventures at Larsen Bay Lodge includes King Salmon, (Chinook), Silver Salmon (Coho), Red Salmon, (Sockeye), Pink Salmon, Chum Salmon, Steelhead, Dolly Varden, as well as saltwater fishing in near -shore and protected waters for Halibut, Sea Bass, Lingcod, and morel Hunting adventures abound at Larsen Bay Lodge with a long season and liberal limits on Sitka Blacktail Deer, wonderful duck hunting for such exotic species as Harlequin and Barrow's Goldeneye, as well as predator hunting for fox, (red, silver and cross). We also offer a limited number of spring and fall hunts for Kodiak Bear in our exclusive area. At Larsen Bay Lodge you can enjoy soft adventure, where you go out each day and hunt and fish as hard as you would like, but retum to all the contorts of home. We have two lodges and two private cabins on the http://www,Iarsenbaylodge.com/ 1/2 9/9/2008 Untitled Document beachfront. Get a good night's sleep and wake to breathtaking sunrises on the bay. Often from the lodge you can observe whales spouting, foxes beachcombing at low tide, deer grazing nearby and bald eagles perched on rocks and trees waiting patiently for their next meal. Larsen Bay Lodge gives you Value, Variety and Comfort! So if tight lines and acrobatic wild salmon is what you crave, then hang on! If hunting the plentiful and handsome Sitka Blacktail Deer makes your trigger finger twitch, then pack your bags! If photographing whales, seals, sea lions, bald eagles, puffins, and BIG bears makes your heart beat faster, then bring lots of film or extra flash cards! If all -you -can -eat fresh snow crabs makes your mouth water, then come hungry! http://www.larsenbaylodge.com/ BAY D Larsen Bay Lodge 1713 Mission Rd. / Kodiak, AK 99615 Phone: 800-748-2238 // 907-486-1740 arsenbaylodge@aol.com ©Copyright 2008, Laren Bay Lodge, All rights ies rved Website design by Interactive Communications, Inc. 2/2 9/9/2008 Untitled Document ,k ettfngHere ''IFood &.L`o"aging y P,i'oto_Aibtam,, 'j Activity Calendar 9KodiakiCo bosrnu l Rafe"s rAtig ^�°Te"siimonials. Contact Us INTERNET NOW AVAILABLE! International sportsman and author, Dr. JY Jones checks his e-mail before dinner. 2009 Rates Sportfishirlg (June..July..August.September) King Salmon, Sockeye, Silver Salmon, Halibut Black Bass, Ling Cod & Crab • 4 Days / 5 Nights — $4000.00 • 5 Days / 6 Nights — $5000.00 • 6 Days / 7 Nights — $5500.00 • 7 Days /8 Nights — $6000.00 Price per person includes: Lodging, Meals, Guide, Fishing Charters, Bear & Whale viewing, Fishing equipment, Fish Cleaning and packaging material. Cast -N -Blast (oct...Nov) Sitka Blacktail Deer, Ducks, Steelhead and Saltwater Fishing • 4 Days / 5 Nights — $3600.00 • 5 Days / 6 Nights — $4500.00 • 6 Days /7 Nights — $5400.00 • 7 Days / 8 Nights — $6000.00 Price per person Includes: Lodging, Meals, Fishing & Duck hunting guide, Deer hunting transportation, Saltwater charter:, Fishing equipment, Fish Cleaning and packaging material. 50% Deposit required to secure reservations Guided Sitka Blacktail Deer (Aug 1 — Nov 3o) • 5 Days — $5000.00 Price per person Includes: Lodging, Meals, 5 day guided Deer hunt, Transportation to Hunting areas, Animal Preparation & Packaging Materials. We also offer Trip Insurance, click on the image below. BACK/ http://www.larsenbaylodge.com/Rate... 1/2 9/9/2008 Untitled Document Larsen Bay Lodge 1713 Mission Rd. / Kodiak, AK 99615 Phone: 800-748-2238 1/ 907-486-1740 arsenbaylodge@aol.com J Copyright 2008, Larson Bay Lodge, AN rights reed Website design by Interactive Communications. Inc. http://www.larsenbaylodge.com/Rate... 2/2 9/9/2008 Untitled Document �XiAtiout x f Getty (Itj`'i�ECe�°*"'f.c+ pt t th ? ' . 2 ; t,JS.frs 'j'Food-&.Logql�dgtng t �'Ppoto'AlbthWtor , !�' : 9/9/2008 Untitled Document • Scoter • Puffin • Tufted Puffin http://www.larsenbaylodge.com/Wildl... Larsen Bay Lodge 1713 Mission Rd. / Kodiak, AK 99615 Phone: 800-748-2238 // 907-486-1740 arsenbay lodge@aol.com 0 Copyright 2008, Larsen Bay Lodge, All rights reserved Website design by Interactive Communications. Inc. 2/2 9/9/2008 Untitled cu en rAbOt1 Us1 §> /Getting Here 'rot/twilit Loc in Photo'Ibum'" r 41,1 41,4`cy Irk.' kit11,- II f kctrvtttg Calendar fKddiakffco -)bosh m t; fi �Ra ,`Is• `.« 'A th. WIRELESS INTERNET NOW AVAILABLE! International sportsman and author, Dr. JY Jones checks his e-mail before dinner. Kodiak Combos Fishing Combos 1 Hulling Combos 'Cast & Blast Larsen Bay Lodge offers many enticements. One important aspect to consider is the opportunity to combine a variety of activities into one trip. For instance, wry few fishing or hunting lodges anywhere offer so much for the same price. Here are some examples: Fishing Combinations You can combine salmon fishing, halibut fishing, wildlife viewing, crabbing, and beach combing all into one trip at no extra charge, (other than license fees)! June -July • King Salmon • Sockeye Salmon • Halibut • Wildlife Viewing • Crabbing • Beach Combing August: September: • Silver Salmon • Silver Salmon • Halibut • Steelhead • Wildlife Viewing • Halibut • Crabbing • Wildlife Viewing • Beach Combing • Crabbing • Beach Combing Hunting Combinations September: • Deer Hunting • Siker Salmon Fishing • Steelhead Fishing • Wildlife Viewing • Crabbing • Beach Combing October — November: • Deer Hunting • Duck Hunting • Steelhead Fishing • Wildlife Viewing • Crabbing • Beach Combing December. • Deer Hunting • Duck Hunting • Winter Saltwater Kings • Wildlife Viewing • Crabbing • Beach Combing Cast & Blast Specials (October, November & December) This has got to be one of the best values in North America for sportsman today! For as little as $3,600 for 4 days of hunting and fishing you will enjoy the real Alaskan Experience! Hunt Sitka Blacktail Deer, ducks, fox, fish and see an abundance of Alaskan wildlife and marine life up -close. Included In the price: • Shoot up to Three Sitka Blacktail Deer! • Duck Hunt for the Magnificent Harlequin and Barrow's Goldeneye • Fish for Halibut, Black Sea Bass and Steelhead • Predator Hunt for Red, Silver & Cross Fox • See Whales, Eagles, Kodiak Bears, Seals, Sea Lions, Puffins & More!!! Also Included: http://www.larsenbaylodge.com/Com,.. 1/2 9/9/2008 Untitled Document Pick up at the airstrip in Larsen Bay, lodging, gourmet meals, boats, licensed captains, spinning tackle, freeze your catch and your kill and package in waxed boxes for shipment home • 4 Days / 5 Nights.... $3,600 • 5 Days / 6 Nights.... $4,500 • 6 Days / 7 Nights.... $5,400 • 7 Days / 8 Nights.... $6,000 There is No Better Bang for Your Buck! Hunters routinely pay $3,000 or more for a 5 day hunt whitetail In Canada or deer hunt out West. They pull the trigger one time and they are done! A Cast & Blast trip to Larsen Bay provides so much greater value!!! Not Included: Transportation to Larsen Bay, Alaska See Activity Calendar oBAym G fit, http://www.larsenbaylodge.com/Com... Larsen Bay Lodge 1713 Mission Rd. / Kodiak, AK 99615 Phone: 800-748-2238 // 907-486-1740 arsenbaylodge@aol.com ©Copyright 2008, Larsen Bay Lodge, All rights reserved Website design by Interactive Communications. Inc. 2/2 9/9/2008 Untitled D WIRELESS INTERNET NOW AVAILABLE! International sportsman and author, Dr. JY Jones checks his e-mail before dinner. Contact Us If you need rrnre information or would like to begin your Alaskan adventure at Larsen Bay Lodge on Kodiak Island complete the form below. ❑ Please send more information 0 I would like to Experience the Larsen Bay Lodge Adventure Name: Address: City: State/Province: Zip/Postal Code: Country: Phone: Email: Comments: http://v.ww.larsenbaylodge.com/Cont... Submit 1/2 • • 9/9/2008 Untitled Document IZBAY Lon 1 Hwy.\A ;.. . X't 29 c _ http://www.larsenbaylodge.com/Cont... Larsen Bay Lodge 1713 Mission Rd. / Kodiak, AK 99615 Phone: 800-748-2238 /1 907-486-1740 larsenbaylodge@aol.com ©Copyright 2008, Larson Bay Lodge, All rights ressrved Website desion by Interactive Communications. Inc. 2/2 Mike & Lisa Carlson Larsen Bay Lodge 1713 Mission Road Kodiak, AK 99615 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 September 4, 2008 Re: Case 03-011. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 — 3, Block 2, Lots 2 — 4, and Block 3, Lots 1 and 2 from R1 -Single Family Residential to B -Business. Dear Mr.& Mrs. Carlson: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their September 20, 2008 special meeting. This meeting will begin at noon in the Larsen Bay School Gymnasium, Larsen Bay, Alaska. Attendance at this meeting is not mandatory but recommended. On Wednesday, September 10, 2008 a special work session will be held immediately following the regular work session scheduled for 7:30 p.m. in the Borough Conference Room (#121) to review the packet material for the case. 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 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, Sheila Smith, Secretary Community Development Department Mr. Joel Wattum Uyak Bay Lodge LLC PO Box 128 Larsen Bay, AK 99624 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 September 4, 2008 Re: Case 03-011. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 — 3, Block 2, Lots 2 — 4, and Block 3, Lots 1 and 2 from R1 -Single Family Residential to B -Business. Dear Mr. Wattum: Please be advised that the Kodiak Island Borough Planning and Zoning Commission have scheduled the case referenced above for Public Hearing at their September 20, 2008 special meeting. This meeting will begin at noon in the Larsen Bay School Gymnasium, Larsen Bay, Alaska. Attendance at this meeting is not mandatory but recommended. On Wednesday, September 10, 2008 a special work session will be held immediately following the regular work session scheduled for 7:30 p.m. in the Borough Conference Room (#121) to review the packet material for the case. 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 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, 0-1;A a Sheila Smith, ° Secretary Community Development Department Ms. Tammy Helms 3805 Cottonwood Way Wasilla, AK 99654 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 September 4, 2008 Re: Case 03-011. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 — 3, Block 2, Lots 2 — 4, and Block 3, Lots 1 and 2 from R1 -Single Family Residential to B-Busincss. Dear Ms. Helms: Please be advised that the Kodiak Island Borough Planning and Zoning Commission have scheduled the case referenced above for Public Hearing at their September 20, 2008 special meeting. This meeting will begin at noon in the Larsen Bay School Gymnasium, Larsen Bay, Alaska. Attendance at this meeting is not mandatory but recommended. On Wednesday, September 10, 2008 a special work session will be held immediately following the regular work session scheduled for 7:30 p.m. in the Borough Conference Room (#121) to review the packet material for the case. 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 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, hetara Sheila Smith, Secretary Community Development Department KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -A PUBLIC HEARING NOTICE A public hearing will be held on Saturday, September 20, 2008. The meeting will begin at noon in the Larsen Bay School Gymnasium, 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: 03-011 Michael & Lisa Carlson, Tammy Helms, & Uyak Bay Lodge LLC Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 — 3, Block 2, Lots 2 — 4, and Block 3, Lots 1 and 2 from R1 -Single Family Residential to B -Business. East end of Larsen Bay Townsite Subdivision R1 -Single Family Residential [ his 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. On Wednesday, September 10, 2008, a special work session will be held immediately following the regular work session scheduled 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: 25 P ifl3 q-N-Og Current Location Agenda Item # VI A P & Z Case # 03-011 Mike & Lisa Carlson, Tammy Helms, & Uyak Bay Lodge LLC Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 — 3 Block 2, Lots 2 — 4, and Block 3, Lots 1 and 2 from R1 -Single Family Residential to B -Business. The location is the East end of Larsen Bay Townsite Subdivision, Larsen Bay. TRACT B 62 U3U6b 48 (2 TR "B" Legend Subject Parcels Notification Area 0 270 1 1 N s 540 Feet I i Map prepared for the purpose of showng 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 infonnation: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 files which may be more up-to-date. Kodiak Island Borough Community Development Department. r STATE OF ALASKA P.O. BOX 196900 ANCHORAGE, AK 99519-6900 DARLENE JOHNS PO`BOX LARS 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 LARSEN BAY LODGE, INC 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 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 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 KODIAK ISL HSG AUTH/JOHNSTON 3137 MILL BAY RD KODIAK, AK 99615 TIMOTHY & JANET CARLSON PO BOX 93 LARSEN BAY, AK 99624 ROBERT MASCHMEDT JR 941 POWELL AVE SW, STE.150 RENTON, WA 98057 KODIAK ISL HSG AUTH/NAUMOFF KODIAK ISL HSG VENESSA HOCHMUTH 3137 MILL BAY RD AUTH/MCCORMICK P 0 BOX 74 KODIAK, AK 99615 3137 MILL BAY RD LARSEN BAY, AK 99624 KODIAK, AK 99615 JEFFREY RONN 12262 N. 56TH AVE. GLENDALE, AZ 85304 JAMES & DARLENE JOHNSON PO BOX io LARSEN BAY, AK 99624 ROGER GUARD ETAL MARK JEFFREY KNEEN LIVING 1559 UNDERWOOD LANE SE TRUST WESTPHALIA, KS 66093 PO BOX 162 ILIAMNA, AK 99606 RUSSIAN ORTHODOX OF SPPKA P O BOX 240805 ANCHORAGE, AK 99524-0805 BUREAU OF LAND MANAGEMENT 6881 ABBOT LOOP RD ANCHORAGE, AK 99507 03'011 CITY OF LARSEN BAY PO BOX 8 • LARSEN BAY, ALASKA • 99624 PHONE: 907-847-2211 • FAX 907-847-2239 E-MAIL: CITYOFLARSENSAY@AOL.COM RESOLUTION NO. 08-05 A RESOLUTION REQUESTING THE KODIAK ISLAND BOROUGH PLANING, ZONING AND ASSEMBLY TO POST PONE AC1ION 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 residenttal to commercial enterprises; and, ' WHEREAS, the Lodges are adjacent to residential homes and the Larsen 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 Larsen Bay. BE 1T FURTHER RESOLVED THAT; the Larsen 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 /9 day of /=e., h vV atcr1-1 co0$ • J 'SIGNED: tit. e .d/a. d.1 n `ayor) AI LEST: A Secretary Treasure) City of Larsen Bay P.O. Box 8 Larsen Bay, Alaska 99624 Phone 907.847.2211 Fax 907.847.2239 cityof larsenbay®aol scorn June 12, 2008 Kodiak Island Borough Planning and Zoning Commission 710 Mill Bay Road Kodiak, Ak. 99615 Attn: Duane Dvorak: We the City of Larsen Bay would like to withdraw from consideration lots 1 and 1A for re -zone form residential to B -Business. We would however request that lots 1 and 1A be designed as a NU - Natural Use Zone. Thank you for your attentlon In this matter. Sincerely; Lynn Stanton Vice -Mayor T/T'd 8I)1:01 L022L68L06 38R1 AUS N35Nt11:woJd 90:8T 6002-T0-N11f 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 HIB 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 RI - 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 Mayor Bill Nelson City of Larsen Bay PO Box 8 Larsen Bay, AK 99624 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us May 19, 2008 Re: Case 03-011. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 — 3, Block 2, Lots 1, Al and 2 — 4, and Block 3, Lot's 1 & 2 from R1 — Single Family Residential to B -Business. Dear Mr. Nelson: The Kodiak Island Borough Planning and Zoning Commission at their special meeting on May 9, 2008 postponed action on the case referenced above until a late September special meeting to be scheduled at a later date. If you have any questions regarding the Commission's actions please contact the Community Development Department at 496-9363. Sincerely, le.9n`Q m Cab Sheila Smith Secretary CC: Mike & Lisa Carlson Uyak Bay, LLC Tammy Helms 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 gland 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 BEARINGS A) Case 03-011. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 — 3, Block 2, Lots 1, IA, and 2 — 4, and Block 3, Lots 1 and 2 from R1 -Single Family Residential to B -Business. Dvorak gave a brief staff report and stated staffs recommendation is to postpone allowing for more information to be gathered due to these cases being complex. COMMISSIONER JANZ MOVED TO POSTPONE action on Case 03-011 until late September 2008 regular meeting of the KIB Planning and Zoning Commission and schedule the case for another public hearing at that time. COMMISSIONER HARRINGTON SECONDED the motion. COMMISSIONER JANZ MOVED TO AMEND the main motion to say special meeting. It was SECONDED by COMMISSIONER HARRINGTON. Regular session closed: Public hearing open: May 9, 2008 P & Z Commission Special Meeting Minutes Page 2 of 9 Selena Churchill asked if any new building is supposed to have a permit from the borough, and if the borough will notify everyone when they apply for the permit. Duane Dvorak stated they would need a Zoning Compliance if it meets all requirements or it fits zoning criteria, and there will be notification only if it goes to the Planning and Zoning Commission. Len Stanton, Vice Mayor stated the City has a code that there is to be no building without permission. Once permission is obtained from the City of Larsen Bay then you go to the borough to get permits. We have policies and restrictions that we are starting to enforce because we want to know what is going on in our community. Tim Carlson stated he doesn't see all of the letters that he sent in, the archeologist's letter and the Uyak cemetery site letter that covers 80 acres, and encompass Lots 1, 1A, 2, and 3. He read those letters and another one that states the environment can't handle the raw sewage. Simeon Squortsoff stated those are burial sites that the archeologist's letter talks about. Public hearing closed: Regular session open: COMMISSIONER JANZ asked about the amount of clientele the Uyak Lodge has. Jay Wattam stated there are 15 to 20 clients and 5 employees from late May to December. Dvorak stated the City no longer wishes to rezone so they will have to submit a withdrawal. Discussion of septic systems and DEC in commercial zoning. It was the consensus to have another meeting in Larsen Bay the end of September. The question was called on the amended motion, and it CARRIED 7-0. The question was called on the main motion, and it CARRIED 7-0. B) Case 03-012. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3,4, and 5 from R1 -Single Family Residential to B -Business. Dvorak gave a brief staff report and stated staff's recommendation is to postpone allowing for more information to be gathered due to these cases being complex. COMMISSIONER JANZ MOVED TO FORWARD a request to rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4, and 5 from R1 -Single Family Residential to B -Business. The location is 205 and 206 D Street, 208 E Street and 406 Third Street, Larsen Bay, and to defer the findings of fact to the June 18, 2008 regular meeting of the KIB Planning and Zoning Commission. COMMISSIONER WATKINS SECONDED the motion. Regular session closed: Public hearing opened: Len Stanton, Vice Mayor asked if a B&B can have up to 6 people in a home. COMMISSIONER HARRINGTON read the B&B, Guest Room, and Lodge code to the public. Marlene Kenoyer stated she had written a letter to the borough in 2003 regarding lodges that shouldn't be in residential because of the drinking. May 9, 2008 P & Z Commission Special Meeting Minutes Page 3 of 9 y49.31 iii 2001,__)02650-0 Recording Dist: 303 - Kodiak 12/18/2007 2:30 PM Pages: 1 of 1 111111111111 11111 WARRANTY DEED AS 34.15.030 111111 1 11111111111111 11 11111 1111111111111111 THE GRANTOR, BRAD M AGA, also appearing of record as BRAD AGA whose address is , P.O. Box 7, Larsen Bay, Alaska 99624 for and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, in hand paid, the receipt of which is hereby acknowledged, conveys and w nts to UYAK BAY, LLC, an Alaska Limited Liability Company, whose address is: j 0' ?oSz /Z.$ L nieM /5/1-;,,i is 2962 -se ,GRANTEE, the following real property located in the Kodiak Recording District, Third Judicial District, State of Alaska: Parcel No. 1: LOTS TWO (2) AND THREE (3), BLOCK TWO (2), TRACT "A", LARSEN BAY TOWNSITE, U. 5. SURVEY NUMBER 4872, according to Plat 69-3, located in the Kodiak Recording District, Third Judicial District, State of Alaska. Parcel No. 2: LOTS ONE (1) AND TWO (2), BLOCK THREE (3), TRACT "A", LARSEN BAY TOWNSITE, U.S. SURVEY NUMBER 4872, according to Plat 69-3, located in the Kodiak Recording District, Third Judicial District, S_ty of Alaska. SUBJECT TO reservations, exceptions, record, if any. nts, coven ;yam' diti • sand strictions of STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) 17 THIS IS TO CERTIFY that on this J' day of DECEMBER, 2007, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared BRAD M AGA to me known to be the person (s) described in and who executed the above and foregoing instrument, and acknowledged to me that HE/SHE/THEY signed the same freely and voluntarily for the uses and purpose therein mentioned. TNESS my hand and official day and year above wrinen. No mmtssio -xptres: AFTER RECORDING IN THE KODIAK RECORDING DISTRICT RETURN ORIGINAL TO GRANTEE -2006-002439-0 Recording Dist: 303 - Kodiak A 11/13/2006 2:37 PM Pages 1 of 1 1110101011111111111111 X010111111110111110111 STATUTORY QUITCLAIM DEED AS 34.15.040 11@11 The Grantor, BRAD AGA, an unmarried person residing at P.O. Box 7, Larsen Bay, Alaska, for and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration in hand paid, the receipt of which is hereby acknowledged, conveys and quitclaims to TAMMY HELMS, an unmarried person residing at 6101-D Gershmel Loop, Palmer, Alaska, all interest which the Grantor hasin the following described real estate: : Larsen Bay Townsite, Tract A, Block 2, Lot 4, located in Larsen Bay in the Kodiak Recording District, Third Judicial District, State of Alaska rcA DATED this ,Z day of 1.-N6u¢rnlaer , 2006. GRANTOR: BRAD AGA STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on theriday of ()Veal 40- , 2006, before me the undersigned, a Notary Public in and for the State of Alaska, personally appeared Brad Aga, known to me to be the person named in and who executed the foregoing instrument, and he acknowledged to me that he executed the same freely and voluntarily with knowledge of its contents, for the uses and purposes therein mentioned. gAY QV 3 Return to: Michae Gels. 211 H St =-VsP Anchorage, AK 99501 NE Notary Public in and for Alaska My commission expires: Varicrigerear Current Location P&Z Case #03-011 Carlson, Aga, & City of Larsen Bay Request: A rezone. in ac lance with KIBC 17 72.030 C (Manner of Initiation) ter Larsen Bay Townsite Tr A Block 1 Lots 1-3, Block 2 Lots 1. 1A, 2, 3, & 4, and Block 3 Lots 1 & 2, from R1 -Single Family Residential to B - Business Feet 0 1,000 2,000 I l I Legend Subject Parcels, 10 Total 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 fro, R-1 SFR to B -Business Larsen Bay Rezone Requests Eighteen (18) total parcels Agent: Multilple 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 w 1 _O 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 inforrnation: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. Photo(s) P&Z Case #03-011 ak Ba LLC & Ci Legend Parcel Selection; Uyak Bay LLC & City Parcels w 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 inforfnation: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. Photo(s) Lison,P&ZCase#03-011 Michael & Lisa Request: A rezone, in accc ince with KIBC 17.72.030 C (Manner of Initiation) for Larsen Bay Townsite Tract A Block 1 Lots 1,2,4 & 5, from R1- Single Family Residentia to B - Business. Legend Tract A Block 1 Lots 1. 2, 4, & 5 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 informahon: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. r � Public Hearing Item VI -A MEMORANDUM DATE: April 17, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the May 9, 2008 Regular Meeting CASE: 03-011 APPLICANT: V. Michael & Lisa Carlson; Brad & Tammy Aga; City of Larsen Bay REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A; Block 1, Lots 1 — 3; Block 2, Lots 1, IA and 2 — 4; and Block 3, Lots 1 and 2, frp. R1 -Single-family Residential to B -Business LOCATION: ZONING: East end of Larsen Bay Townsite Subdivision RI -Single-family Residential Twenty-nine (29) public hearing notices were mailed on April 22, 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 9`n 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 pe, taining 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. Page 1 of 4 Public Hearing Item VI -A 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 focused largely on the newer plan because it has &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. Page 2 of 4 Public Hearing Item VI -A 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 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. Page 3 of 4 Public Hearing Item VI -A 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 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 03-011 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 Case Number 03-011 03-011 03-011 03-012 03-016 03018 08-021 08-013 Legal Description Larsen BayTownsite, Tract A, Block 1, Inh1-3 Larsen Bay Townslte, Tract. Block 2. Lots 1, IA and 2-4 Larsen Bay Tawnsite-TrM A, Nod( 3, lots 1 and 2 Larsen BayTownsite, Tract A. Block 3, Lot 4 and Block 8, Lots 3,4 and 5 Larsen BayTownsite, Tract A, Block 19, Loth Innen Bay Townsite, Tract A, Block 16, Wt 10 Larsen Bay Tawnnte, Tract A. Block 3,1053 Larsen Bay Tawnsite, Tract A, Block 16.10012 Srf,eUJi(;(90fi tarsen Bay lodge Complex Vacant _ Uyak Bay Lodge Kodiak Charters Lodge Unknown Unknown NA Kodiak Lodge Ran A (tonne Payment of Bed Ten (t0 the city of LB) Unknown NA Unknown Unknown Unknown Unnkoum Unknown Unknown Borough Land Assessed Value (TY2007) Lott -510,003 1052-$10,000 Lot3 -533,603 Lot 1 -53,800 Lot 1A-55,200 Lott -520,003 Lott -53,800 Lot 4-530,000 Lott -$10,060 1052-$4,800 Lot 3-$3,500 Lot 4-S3,500 Lot 5-$3,200 (57) Lot 4-$3,400 1004-55,300 Lot 10-56,300 1013-$3,890 Lot 12 -510,030 Borough Building Assessed Value (797002) Lott -5188,300 Lott - $0.00 (Vacant) 1003-$148.600 1011-50.00 (Vacant) 10t IA - 50.00 (Vaunt) Lot 2- $0.00 (Vacant) Lot 3-50.00 (Vacant) Lot 4- SCUM (Vacant) 1011-5208,203 1012-$0.00 (Vacant) Lata -522,500 Lot 4- $0.00 (Vacant) 10t5- $0.00 (Vacant) (83)1014-536,300 Lot 4-522.603 Lot 10 - 533,600 1053- S0.00(Vannt) Lot 12-5106,400 Citysales Tax? Unknown NA Unknown Unknown Unknown Unknown Unknown Unknown StIVemle Grandfathered Structure(s) or use? Maybe NA No No No No NA No Zoning Compliance? No NA No Unknown Unknown No NA No Original Bugging Design Category (Lodge, B&B, SFR) Residential and Lodge None Lodge Single-family Residential (one Mon Lot 4, 5187and one 596 on Lot 3, Rik 8 Single-family Residential Lodge NA Lodge Provide Hunting Senlces? Yes 114 Yes Unlmawn Unknown Unknown NA Unknown Provide Fishing Setons? Yes NA Yes Yes Unknown Unknown NA Unknown Provide Other Services? Unknown NA Unknown Unknown Unknown Unknown NA Unknown city Cervine Semd by CtyWavr and Sewer? Vo NA Yes Yes 0tyWater Only On-site Wastewater Disposal GtyWater On/y; On-site Wastewater Disposal Tes Yes (Water septic system foranstte wastewater disposal) Water and Sewer Rate NA NA Served by Citypawer Yes NA Yes 025 Yes Yes Yes Yes Electrical Power Rate NA NA Served by City Garbage Yes NA Yes Yes Yes Yes Yes Yes NA pate ReuWmss License Nm Alaska Business Yes NA Ven Yes Unknown Unknown Ws Tes Business License Number 127508 Larsen Bay Adventures. 2C: Lodgey Adventures; 204639 4arsen Baarsen y Larsen Bay INC tryak Bay LLC yadiak Charters Lodge NA Kodiak Lodge at Larsen Bay LTO Fire Marshal Peniew FireM Unknown NA Unknown Unknown Unknown Unknown Unknown Unknown NA Unknown Fire Marshal Permit No. Unmown NA Unknown Unknown Unmown Unknown NA Unknown pororgp RenmrmenW Zoning compliance Permit No 116 Na No No No NA Na Borough Tax PaldM00l parcel size Building Height Varies, Unknown NA Unknown Unknown Unknown Unknown NA Unknown As -Built Survey No 004 No No No Na No OPmmunMBenema Owner live In Larsen Bay? Unknown NA Unknown Unknown Unknown Unknown No Na Lodging Use Hire Local Employees? Unknown NA Unknown Unknown Unknown Unknown NA Unknown Comp,ehenshve Nan Issues Comprehensive Nan Designation Mind commercial/Waterfront/Residential Lots and 1A -Residential; 1062 and 3 -Commercial; tat 4- Residential Residential Mixed CommerdalAVaterfronttResidentll Commercial Commercial Residential Commerdal LARSEN BAY POPULATION 1982 to 2007 250 200 150 100 50 0 POPULATION 4 19821983198419851986198719881989199019911992199319941995199619971998199920002001200220032004200520062007 —4—POPULATION KODIAK ISLAND BOROUGH UNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -D �OPMINIDIPARTME"TPUBLIC HEARING NOTICE A public hearing will be held on Wednesday, February 20, 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: 03-011 APPLICANT: V. Michael & Lisa Carlson; Brad & Tammy Aga; City of Larsen Bay REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 — 3, Block 2, Lots 1, 1A and 2 — 3, and Block 3, Lots 1 & 2 from Rl — Single Family Residential to B - Business. LOCATION: 100, 101 and 103 Second Street and 92, 94, 95, 96, 97, 98, and 99 Third 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 liketo 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, February 13, 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 at485-9363. / / y /5.57 (/t der Dad A Sir Your Name: .er {.. ttZca.rc - Mailing Addres,;kb +1. i- 5 ;y.O� ,tn� .� 1a7' Your property description: r l +& 41. Ilea /lase I2 �t^� J� Comments: re /7 er ( ccc. rcl iQq µ0A S e C m M(ma-4 Y 0 L44vs wui / / Iy,.e al.C'4 yOti.wt2l/ beard - recitieVe"oolitiaS+c. fc1WTCe�. :'nurfelled -ciolcc4 wwc Set V;44/ J o) r I / a..d sewer Sartnee l7e rouldeel 4n cool Wi41.',..4e re�a,.�n� reEi��jy.es+ PR tag +4 a; -lite reeo,.:ww` re�uaa'(i-' ea c.iai�,o_e 4o :grind c.lcart1 eat, ?b?yel�y.,.t exev.er opppo/"ru...1--{( 4r Ow ostes� / tiaae..t e5�b l's s L'nen•fA:. aaJJlll hts 0...._14 -a J t�) e r"_ �,prtite %. U,Lp1K;ia�' Piss.) r 31984" F'atw4...`�4o..i CITY OF LARSEN BAY PO BOX 8 • LARSEN BAY, ALASKA • 99624 PHONE: 907.847-2211 • FAX 907.847-2239 E-MAIL: CITYOFLARSENBAY@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 ate 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 Larsen Bay School causing concern amongst the year around residential community members; and, WHEREAS, any addition building within the community will gready 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 Larsen Bay. BE IT FURTHER RESOLVED THAT; the Larsen 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 /9 dayof / %ei h v r y ‘2.00?(2020,— 'SIGNED:� Vt,ca (Mayor) ATTEST: A etary Treasure) Duane Dvorak Subject: FW: Larsen Bay Comp Plan From: Allen Walburn [mailto:awalburnl@comcast.net] Sent: Wednesday, February 13, 2008 11:41 AM To: Duane Dvorak Subject: Larsen Bay Comp Plan February 13,2008 To: Kodiak Island Borough Planning & Zoning Commission Kodiak, AK 99615 From: Alaska's Kodiak Island Resort P.O. Box 36 Larsen Bay, AK 99624 Subject: Larsen Bay Zoning Dear Sir: Recently we were made aware that the Kodiak Island Borough (KIB) was directly responsible for zoning enforcement and compliance in Larsen Bay. Our company, prior to developing our property was lead to believe that our lot was zoned properly and in complete compliance. This information was conveyed to, us by the property seller as well as Larsen Bay elected officials. At no time were we ever made aware, or noticed that the Kodiak Island Borough was developing and enacting a comprehensive plan that would make our property non- complying. We are not requesting exceptions to KIB regulations, only consistency and equality. Adoption of the KIB comprehensive plan in December 2007 has created several non -complying properties. Unless compelling and convincing arguments are brought forward, in objection, all sites similarly situated should be rezoned together. As a new lodge owner and operator we have operated within the community with a mindset to better our village. Kodiak Island Resort has employed local people, participated and donated to civic projects, paid Kodiak Island Borough property taxes, Larsen Bay's bed taxes in addition to working with a youth KANA program. We want to support our community and borough and only desire to be allowed to continue to operate as we have since our inception in 2006. Please suspend pending requests for rezone and consider adopting a KIB plan that addresses all interested and similarly situated parties simultaneously. Only after adoption and implementation of the plan should non- conforming sites seek a rezone or variance. We suggest a meeting with the affected parties in the early spring (May or June). Thank you for your time and consideration of this matter. Sincerely, Allen Walburn Managing Partner Alaska's Kodiak Island Resort Brad & Tammy Aga PO Box 7 Larsen Bay, AK 99624 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.kodialc.ak.us April 23, 2008 Re: Case 03-011. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 3, Block 2, Lots 1, IA and 2 — 4, and Block 3, Lots 1 & 2 from R1 — Single Family Residential to B -Business. Dear Mr. & Mrs. Aga: 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, ,c5fnel_Qa Cri,ta3 Sheila Smith, Secretary Community Development Department Mayor Allen Panamaroff Sr. City of Larsen Bay Larsen Bay, AK 99624 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 03-011. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay -Subdivision, Tract A, Block 1, Lots 1 — 3, Block 2, Lots 1, lA and 2 — 4, and Block 3, Lots 1 & 2 from R1 — Single Family Residential to B -Business. Dear Mayor Panamaroff: 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, Onelga Sheila Smith, Secretary Community Development Department Michael & Lisa Carlson PO Box 92 Larsen Bay, AK 99624 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 03-011. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 — 3, Block 2, Lots 1, lA and 2 — 4, and Block 3, Lots 1 & 2 from RI — Single Family Residential to B -Business. Dear Mr. & Mrs. Carlson: 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, e.. kci Cfn ta) Sheila Smith, Secretary Community Development Department KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -A PUBLIC HEARING NOTICE A public hearing will be held on Friday, May 9, 2008. The meeting will begin at 7:00 p.m. in the City of Larsen Bay Offices, Larsen Bay, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 03-011 APPLICANT: V. Michael & Lisa Carlson; Brad & Tammy Aga; City of Larsen Bay REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 — 3, Block 2, Lots 1, IA and 2 — 3, and Block 3, Lots 1 & 2 from RI — Single Family Residential to B - Business. LOCATION: 100, 101 and 103 Second Street and 92, 94, 95, 96, 97, 98, and 99 Third 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. 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: Current Location Agenda Item # VI D P & Z Case # 03-011 Michael & Lisa Carlson, Brad & Tammy Aga, & City of Larsen Bay Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 - 3, Block 2, Lots 1, 1A and 2 - 4, and Block 3, Lots 1 & 2 from R1 -Single Family Residential to B -Business. N s E 0 220 440 Feet 1 l 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 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. STATE OF ALASKA P.O. BOX 196900 ANCHORAGE, AK 9953.9-6900 LARSEN BAY LODGE INC 1713 MISSION RD KODIAK, AK 99615 TAMMY HELMS 3805 COTTONWOOD WAY WASILIA, AK 99654 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 151 HSG AUTH/NAUMOFF 3137 MILL BAY RD KODIAK, AK 99615 JEFFREY RONN 12262 N. 56TH AVE. GLENDALE, AZ 85304 JIMMY JOHNSON PO BOX 10 LARSEN BAY, AK 99624 RUSSIAN ORTHODOX OF SITKA P 0 BOX 240805 ANCHORAGE, AK 99524-0805 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 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/MCCORMICK 3137 MILL BAY RD KODIAK, AK 99615 ROGER GUARD ETAL 1559 UNDERWOOD LANE SE WESTPHALIA, KS 66093 JAMES & DARLENE JOHNSON PO BOX 10 LARSEN BAY, AK 99624 BRAD & TAMMY AGA PO BOX 7 LARSEN BAY, AK 99624 FRANK CARLSON 1713 MISSION RD KODIAK, AK 99615 6900 KODIAK ISL HSG AUTH/HOCHMUTH 3137 MILL BAY RD KODIAK, AK 99615 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 VENESSA HOCHMUTH P 0 BOX 74 LARSEN BAY, AK 99624 MARK JEFFREY KNEEN LIVING TRUST PO BOX 162 ILIAMNA, AK 99606 SEN BAY, AK 99624 CITY OF LARSEN BAY PO BOX 8 • LARSEN BAY, ALASKA * 99624 PHONE: 907-847-2211 • PAX: 907-847-2239 E-MAIL: CITYOFLARSENOAY@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 Larsen 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 commissionpost pone the rezoning in Tarsen 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 Larsen Bay. BE IT FURTHER RESOLVED THAT; the Larsen 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 ATTEST: 002\ X2 r (Secretary Treasure) Alaska Division of Corporations Business, and Professional Licensing _ Page 1 of 1 Online Business Licensing Slate of Alaska > Commerce > > Professional Licensing > Business License Search LicNum: 727508 Business Name: LARSEN BAY ADVENTURES, LLC Address: 1713 MISSION ROAD KODIAK AK 99615 Status: ACTIVE Original Issue: 05/25/2005 Current Issue: 01/02/2007 Expiration: 12/31/2008 Business Type: CORPORATION Tobacco Endorsements: 0 Line Of Business: Transportation and Warehousing Primary Activity: 488190 Secondary Activity: 481211 Owners: LARSEN BAY ADVENTURES, LLC Contact LARSEN BAY ADVENTURES, LLC by e-mail. LARSEN BAY ADVENTURES, LLC Home Page. View Your License using our Search Program Webmaster Email Business and Professional Lfcensiog Email Corporations Commerce http://www.commerce.state.ak.us/occ/bussearchBusDetail.cfm?LicNum=727508 4/2/2008 Alaska Division of Corporations Busines, and Professional Licensing Page 1 of 1 ( L Commerce Online Business Licensing Slate of Alaska > Commerce > > Professional Licensing > Business License Search LicNum: 403098 Business Name: LARSEN BAY ADVENTURES Address: 1713 MISSION ROAD KODIAK AK 99615 Status: ACTIVE Original Issue: 12114/1998 Current Issue: 01/02/2007 Expiration: 12/31/2008 Business Type: CORPORATION Tobacco Endorsements: 0 Line Of Business: Arts, Entertainment and Recreation Primary Activity: 713990 Secondary Activity: 713990 Owners: LARSEN BAY LODGE, INC Contact LARSEN BAY ADVENTURES by e-mail. LARSEN BAY ADVENTURES Home Page. View Your License using our Search Program Webmaster Email Business and Professional Licensing Emad Corporations http://www.commerce.state.ak.us/occ/bussearchBusDetail.cfm?LicNum403098 4/2/2008 Alaska Division of Corporatio(sBusiness, and Professional Licensing Page 1 of 1 Commerce Online Business Licensing State of Alaska > Commerce > > Professional Licensing > Business License Search LicNum: 208639 Business Name: LARSEN BAY LODGE INC Address: 1713 MISSION ROAD KODIAK AK 99615 Status: ACTIVE Original Issue: Current Issue: 01/02/2007 Expiration: 12/31/2008 Business Type: CORPORATION Tobacco Endorsements: 0 Line Of Business: Accommodation and Food Services Primary Activity: 721110 Secondary Activity: 722211 Owners: LARSEN BAY LODGE INC Contact LARSEN BAY LODGE INC by e-mail. LARSEN BAY LODGE INC Home Page. View Your License using our Search Program Webmaster Email Business and Professional Licensing Email Corporations http://www.commerce.state.ak.us/occ/bussearchBusDetail.cfm?LicNum=208639 4/2/2008 Alaska Division of Corporation5_ii3usiness, and Professional Licensing Online Business Licensing State of Alaska > Commerce > > Professional Licensing > Business License Search LicNum: 907797 Business Name: UYAK BAY, LLC Address: 1518 LARCH STREET KODIAK AK 99615 Status: ACTIVE Original Issue: 11/06/2007 Current Issue: Expiration: 12/31/2008 Business Type: LLC Tobacco Endorsements: 0 Line Of Business: Accommodation and Food Services Primary Activity: 721199 Secondary Activity: 721199 Owners: UYAK BAY, LLC View Your License using our Search Program Webmaster Email Business and Professional Licensing Email Corporations Page 1 of 1 Commerce http://www.commerce.state.ak.us/occ/busseareh/BusDetail.cfm?LicNum=907797 4/2/2008 Brad & Tammy Aga PO Box 7 Larsen Bay, AK 99624 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 February 25, 2008 Re: Case 03-011. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 — 3, Block 2, Lots 1, lA and 2 — 3, and Block 3, Lots 1 & 2 from R1 — Single Family Residential to B -Business. Dear Mr. & Mrs. Aga: The Kodiak Island Borough Planning and Zoning Commission at their meeting on February 20, 2008 moved to postpone action on Rezone Case 03-011 and reschedule it for a public hearing on a date to be decided, and the public hearing will be held at a location to be announced. Section 17.72.055 (Submission to assembly) of the Borough Code states: A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. If you have any questions about the action of the Commission, please contact the Community Development Department at 486-9360. Sincerely, ne>sacOrn Sheila Smith Secretary Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.ldb.co.kodiak.ak.us February 25, 2008 Mike & Lisa Carlson PO Box 92 Larsen Bay, AK 99624 Re: Case 03-011. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 — 3, Block 2, Lots 1, IA and 2 — 3, and Block 3, Lots 1 & 2 from R1 — Single Family Residential to B-Busincss. Dear Mr. & Mrs. Carlson: The Kodiak Island Borough Planning and Zoning Commission at their meeting on February 20, 2008 moved to postpone action on Rezone Case 03-011 and reschedule it for a public hearing on a date to be decided, and the public hearing will be held at a location to be announced. Section 17.72.055 (Submission to assembly) of the Borough Code states: A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. 13. 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. If you have any questions about the action of the Commission, please contact the Community Development Department at 486-9360. Sincerely, ce Vf,� Sheila Smith Secretary Mayor Allen Panamaroff Sr. City of Larsen Bay PO Box 8 Larsen Bay, AK 99624 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 February 25; 2008 Re: Case 03-011. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 - 3, Block 2, Lots 1, IA and 2 — 3, and Block 3, Lots 1 & 2 from Rl — Single Family Residential to B -Business. Dear Mr. Panamaroff: The Kodiak Island Borough Planning and Zoning Commission at their meeting on February 20, 2008 moved to postpone action on Rezone Case 03-011 and reschedule it for a public hearing on a date to be decided, and the public hearing will be held at a location to be announced. Section 17.72.055 (Submission to assembly) of the Borough Code states: A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. If you have any questions about the action of the Commission, please contact the Community Development Department at 486-9360. Sincerely, t5rn 613 Sheila Smith Secretary MEMORANDUM DATE: February 13, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the February 20, 2008 CASE: 03-011 gular Meeting Public Hearing Item VI -D APPLICANT: V. Michael & Lisa Carlson; Brad & Tammy Aga; City of Larsen Bay REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A; Block 1, Lots 1 — 3; Block 2, Lots 1, 1A and 2 — 4; and Block 3, Lots 1 and 2, from R1 -Single-family Residential to B - Business LOCATION: East end of Larsen Bay Subdivision ZONING: RI -Single-family Residential RECOMMENDATION Staff immediately scheduled this and other postponed Larsen Bay rezone cases after the Assembly adopted the Kodiak Island Borough Comprehensive Plan Update in December 2007. Initially, staff believed that the plan guidance was the only information missing from the prior staff investigations conducted in 2003. Staff also believed that it would be a simple matter to consult the new, updated plan guidance, and simply pass forward to the Commission the wisdom found there. That has not turned out to be the case. There are a number of reasons why staff is recommending postponement, mostly related to the difficulty in completing the staff reports for these cases. The principal reasons are as follows: 1) Additional lodge structures and additions have been constructed since August 2003 that need to be accounted for; 2) Property ownership has changed on at least one of the original applications; 3) New information has become available which indicates that the development pattern of structures on lots is more complicated than originally thought; and, 4) Other lodge owners, based outside the community have requested postponement so that they may also make application for rezone. CDD Director, Bud Cassidy, has indicated that a new staff site visit to Larsen Bay is warranted in order to determine what changes have occurred in the community since August 2003. Director Cassidy will also broach with the Commission the idea of scheduling a meeting/public hearing on these cases in Larsen Bay. APPROPRIATE MOTION Move to postpone action on Rezone Case 03-011 and reschedule it for a public hearing on 2008, and the hearing will be held at Case 03-011/Postponement Page 1 of 1 P & Z: February 20, 2008 Duane Dvorak Subject: FW: Larsen Bay Comp Plan From: Allen Walburn [mailto:awalburnl@comcast.net] Sent: Wednesday, February 13, 2008 11:41 AM To: Duane Dvorak Subject: Larsen Bay Comp Plan February 13,2008 To: Kodiak Island Borough Planning & Zoning Commission Kodiak, AK 99615 From: Alaska's Kodiak Island Resort P.O. Box 36 Larsen Bay, AK 99624 Subject: Larsen Bay Zoning Dear Sir: Recently we were made aware that the Kodiak Island Borough (KIB) was directly responsible for zoning enforcement and compliance in Larsen Bay. Our company, prior to developing our property was lead to believe that our lot was zoned properly and in complete compliance. This information was conveyed to, us by the property seller as well as Larsen Bay elected officials. At no time were we ever made aware, or noticed that the Kodiak Island Borough was developing and enacting a comprehensive plan that would make our property non- complying. We are not requesting exceptions to KIB regulations, only consistency and equality. Adoption of the KIB comprehensive plan in December 2007 has created several non -complying properties. Unless compelling and convincing arguments are brought forward, in objection, all sites similarly situated should be rezoned together. As a new lodge owner and operator we have operated within the community with a mindset to better our village. Kodiak Island Resort has employed local people, participated and donated to civic projects, paid Kodiak Island Borough property taxes, Larsen Bay's bed taxes in addition to working with a youth KANA program. We want to support our community and borough and only desire to be allowed to continue to operate as we have since our inception in 2006. Please suspend pending requests for rezone and consider adopting a KIB plan that addresses all interested and similarly situated parties simultaneously. Only after adoption and implementation of the plan should non- conforming sites seek a rezone or variance. We suggest a meeting with the affected parties in the early spring (May or June). Thank you for your time and consideration of this matter. Sincerely, Allen Walburn Managing Partner Alaska's Kodiak Island Resort Feb 11 08 08:51a 2/11/08 To Whom It May Concern: p3 We, Tim and Janet Carlson wish to debate and deter any consideration for the rezoning of lots 1,1a, 2 &3 to a commercial tolerance. As longtime in house residents and owners of lot 8, we can only plead what is feasible and fair to our selves and the landowners of neighbors and lodge owners around us. We acquired our home 12 years ago as a RI home. Our view and equity is mostly in regards to the non possibility of any additional commercial buildings to evolve in front or us. We compromise and support for B - Business to lots 1 & 2 for their success and future developments. At this time existing and continuous septic and sewage problems continue to excel at Uyak Bay Lodge and Kodiak Lodge and any additional buildings would add to the viewable raw sewage on the top of the ground. The present infrastructure will not allow more expansion until major upgrades take place. We ask again and plead for your consideration not to B -Business 1,1A, 2 and 3. Our lives and steady contributions to this community would be jeopardized and we would reluctantly relocate and sell to possibly another business oriented entrepreneur. Sincerely 1✓.S•-L, Com% Tim and Janet Carlson 907-847-2247 P.O.B. 93 Larsen Bay, AK 99624 Feb 11 08 08:51a p.2 :Eir-4 ro CETIE2 � REF, n/cF Ta `i1/1 Lo73 cfAcc'c 0)044 Aar 1 i ccd Areig4,1764.5 0 220 440 Feet 1 t l 1 1 Map papered fat a paapaco of sMMnp :he General lacalbn of Me Koabk Urban area. Jun¢. 2005. Neste kitirMay Syalem. CPS camerino data, Nalmal Rahway Sydtan. Hipherys, skadw Sbeeta, Alaska D.O.t Sopt. 2002 Cotter Infomckm:DSGS Ofgaal ehwam Modal Kodak, Nasty 69 taut innervate, Stab is t:63,269 Cicaled M ArtGIS 9, NAD 27. Stale Plano i Parcel Information is taken frau adecied fields In the c&nenl mnpuledmt properly reads In Ia ?asenalm Dept, 7Ns Gale hat act teen seconded win does cortanei in manor tiles **di may be brae up-t3eak. Kcalet Marcr Samups Convam y Dewdotnttnl Copartner/It COMMUNITY DEV KODIAK ISLAND BOROUGH UNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -D LOPMENT DEPARTMENTI,LIC HEARING NOTICE A public hearing will be held on Wednesday, February 20, 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: 03-011 APPLICANT: V. Michael & Lisa Carlson; Brad & Tammy Aga; City of Larsen Bay REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 — 3, Block-2,--Lots-1,- 1A - and 2 — 3, and Block 3, Lots 1 & 2 from R1 — Single Family Residential to B - Business. LOCATION: 100, 101 and 103 Second Street and 92, 94, 95, 96, 97, 98, and 99 Third 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 to the Community Development Department prior to the meeting. If you owner/interested party in the area of comments in the space below, or in a letter would liketo fax your comments to us, telephone, please call in your comments call-in telephone number is 486-3231. a work session will be held at 7:30 p.m. material for the case. if you disagree with the Commission's your appeal rights, please feel free to call us ''/15147� p/44,ckr ciwd 4n SE 1t .A. Ks 66093 our fax number is: (907) 486-9396. If you would like to testify via during the appropriate public hearing section of the meeting. The local The toll free telephone number is 1-800-478-5736. - One week prior to the regular meeting, on Wednesday, February 13, 2008, in the Kodiak Island Borough Conference Room (#121), to review the packet Kodiak Island Borough Code provides you with specific appeal rights decision an this request. If you have any questions about the request or at 486-9363. // /' Your Name: Ke7er {.. 6s.s.rc Mailing Address:40640 I- S --- `- -1 2 - —{,n[ Your roe description: th' .S +-r Leek P ts r..0 � rL It 1 Guard 021 CASA ant Mutt iY Deeelpr tw Th VAem tend - ' .. board - . do may rc- - "e' ,l sCc a G - tt 4 n / t 0.NA se Leer ser ince 6e ry u, dee/ 4i each. �/ - Lr>;'4'l� ; w -'itte rensva5 r ues4 PRIOR +,' ppre4 do -lie teJabj reptea 44 e- La le 4e a ird ot1, rope r -j 0L4rer eta{ oprr+w„If r bcj ess • e40.6 t;sLPKe..*. tL. wo,..(d .1,11...4- G,ttt.prr wby `lane apri .,,74' P 5 ti3 1984`.'ECdtiow.tL `4ca L .0 p9 ' 10 o bju.Ziiry Z d.wd ©1'J;yd: 4. T. ` ;- As Cotu,rdie LslLe. Platy, U.pdc�e tYleer tZ Lwp(ew. �w Actaw Co..Q. 4a , itnLpreDc. 0.W.o;.t. — e P in:Ceo r. - 1 tw t a -4 ,1k Z Z. TTt.....L .tr.. , ;eget C.0 0 220 440'Feet 1 1 1 I "prepared for the purpose of showing the Gement location of the Kodak Urban area. Jure, 2005. ; Alaska • Highway 'System•+' GPS "fenterline data. National Highway System, Highways, Roads, • Streets., Alaska D.O.T., Sept. 2002 ' Contmif"' Irifomatbn:USGS Digital VElevatian Model Kodiak Alaska. 50 foot intervals, Scare Is 1$3,360 Created in AroGtS 9, NAD 27, State Plane 5 Parcel Information Is taken from selected gelds In the, current computerized property records in theAskessing -Dept`, TI& data has not been reconciled with data • cornained in manual fibs which may be more up-to-date. Kodiak island Borough Community Development Department. To Whom It May Concern: This letter is to acknowledge that the Native Village of Larsen Ba Tribal Council recognizes, the property listed as lots 1, la, 2, and 3 as places of histcal findings a d historica significance to our Tribe. There have been and continue to be a ifacts found in ese arm as well as human remains. pnoNel9o71 847-2807 FAX 19071 847-9307 PO Hex go LAnsen H4' Al NYI[A 99624 Thank you for your time and acknowledgement of this matter. Sincerely, /nM ennifer Moe Vice President Native Village of Larsen Bay Tribal Council td :vo 80 6L clad th USS 4872 TRACT E 1 _ g014 ARSE 7 --- USS 4872 TARSEN BAY TNS. TRACT C UL -4k, Bq -DRAFT- 6/12/2007 *** 0 0.25 N 0.5 Miles Kodiak Island Borough - Larsen Bay: Proposed Future Land Use Industrial/Light Industrial Kod i a k l s l a n d Map conposed by d eA asks Conservation GIS Center based B O ROUGH on Pa emeters p ovMed by Cogan Owens Cogan. Comprehensive Plan Update Conservation MI Commercial Mixed Commercial/ Waterfront/ Residential Residential Public Use Source: Kodiak Island Borough GIS, 2006 USS 4872 TRACT E TRACT 8 • LARSEN BAY WATERSHED APPLICABLE ORDINANCES 93-52 91-29 E9-19 98-19 LARSEN BAY TOWNSI TE ZONING MAP PUBLIC USE LANDS BUSINESS LI- LIGHT INDUSTRIAL N ACCORDANCE *m4 K.1.8 ORDINANCE 77-19-0. ALL LANDS WIN N THE CORPORATE UNITS OF IMSEN DAY ME REZONED TO R-1 UNLESS OTHERWISE SIIO9N. _ .__ r_row _.em.a.=e++_ City of Larsen Bay PO Box 8 Larsen Bay, AK 99624 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 January 22, 2008 Re: Case 03-011. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block I, Lots 1 — 3, Block 2, Lots 1, 1 A and 2 — 3, and Block 3, Lots 1 & 2 from Rl — Single Family Residential to B -Business. Dear City Manager: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their February 20, 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, February 13, 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 outstandingquestions or provide additional information. In advance, thank you for your cooperation. Sincerely, QsyhpiCl c5rn 65:3 Sheila Smith, Secretary Community Development Department Michael & Lisa Carlson PO Box 92 Larsen Bay, AK 99624 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 January 22, 2008 Re: Case 03-011. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 — 3, Block 2, Lots 1, lA and 2 — 3, and Block 3, Lots 1 & 2 from R1 — Single Family Residential to B -Business. Dear Mr. & Mrs. Carlson: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their February 20, 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, February 13, 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 Brad & Tammy Aga PO Box 7 Larsen Bay, AK 99624 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 January 22, 2008 Re: Case 03-Q11. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 — 3, Block 2, Lots 1, IA and 2 — 3, and Block 3, Lots 1 & 2 from Rl — Single Family Residential to B -Business. Dear Mr. & Mrs. Aga: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their February 20, 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, February 13, 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 pm -pose 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, 'Cinel4CX. C r l tOC) Sheila Smith, Secretary Community Development Department KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, February 20, 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: 03-011 APPLICANT: V. Michael & Lisa Carlson; Brad & Tammy Aga; City of Larsen Bay REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 — 3, Block 2, Lots 1, lA and 2 — 3, and Block 3, Lots 1 & 2 from RI — Single Family Residential to 13 - Business. LOCATION: 100, 101 and 103 Second Street and 92, 94, 95, 96, 97, 98, and 99 Third 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 1-800-478-5736. One week prior to the regular meeting, on Wednesday, February 13, 2008, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (1/121), 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: 2G s .monied iz•z2-� 1• Current Location Agenda Item # VI D P & Z Case # 03-011 Michael & Lisa Carlson, Brad & Tammy Aga, & City of Larsen Bay Requesta rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 - 3, Block 2 Lots 1, 1A and 2 - 3, and Block 3, Lots 1 & 2 from R1 -Single Family Residential to B -Business. 110 SECOND ST. 41:4# 7* W4E s 0 220 440 Feet Map prepared for the purpose of showing the General location of the Kodak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept 2002 Contour Informaton: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 'STATE OF ALASKA P.O. BOX 196900 ANCHORAGE, AK 99519-6900 LARSEN BAY LODGE INC 1713 MISSION RD KODIAK, AK 99615 TAMMY HELMS 3805 COTTONWOOD WAY WASILLA, AK 99654 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/NAUMOFF 3137 MILL BAY RD KODIAK, AK 99615 JEFFREY RONN 12262 N. 56TH AVE. GLENDALE, AZ 85304 JIMMY 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• RAGE, AK ' - _9-6900 FRANK CARLSON 1713 MISSION RD KODIAK, AK 99615 ATE OF ALASKA P.O. BO DAVID & SHERRY HARMES 17929 BEAUJOLAIS DR EAGLE RIVER, AK 99577 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/MCCORMICK 3137 MILL BAY RD KODIAK, AK 99615 ROGER GUARD ETAL 1559 UNDERWOOD LANE SE WESTPHALIA, KS 66093 JAMES & DARLENE JOHNSON PO BOX 10 LARSEN BAY, AK 99624 KODIAK 151 HSG AUTH/HOCHMUTH 3137 MILL BAY RD KODIAK, AK 99615 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 VENESSA HOCHMUTH P 0 BOX 74 LARSEN BAY, AK 99624 MARK JEFFREY KNEEN LIVING TRUST PO BOX 162 ILIAMNA, AK 99606 Michael & Lisa Carlson PO Box 7 Larsen Bay, AK 99624 MMYJ0H : • N RUSSIAN ORTHODOX OF SITKA BRAD & TAMMY AGA PO B' ' P 0 BOX 240805 PO BOX 7 LAR. BAY, AK 9'624 ANCHORAGE, AK 99524-0805 LARSEN BAY, AK 99624 Mike & Lisa Carlson PO Box 92 Larsen Bay, AK 99624 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 October 28, 2005 Re: Case 03-011. Request for a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 — 3, Block 2, Lots 1, IA and 2 — 3, and Block 3, Lots 1 and 2 from RI -Single Family Residential to B -Business. Dear Mr. & Mrs. Aga: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on June 18, 2003 postponed action on the case referenced above to an undetermined meeting. At the regularly scheduled Planning and Zoning Commission meeting on October 19, 2005, the Commission directed staff to send a formal status letter to all petitioners that have cases that have postponed indefinitely due to anticipated community planning projects. Your case is one of the cases that fall within this category. Due to the fact that the Borough is just beginning a borough - wide comprehensive planning effort and no longer pursuing individualized area plans, it may be appropriate for your case to be reconsidered by the Commission. Staff is seeking your response to this letter to indicate your preference to one of the three options: 1. you would like your cases to be heard by the Commission at their regular meeting in either December, January, or February; 2. you would like to maintain your postponed status, or 3. you would request that the cases be withdrawn completely with the understanding that you could re -apply at a later date. Please respond to this letter at your earliest convenience so we can begin advertising for meetings and preparing new reports. If you have any questions regarding the Commission's actions please contact the Community Development Department at 496-9363. Sincerely, Mary Myers Ogle, AICP Director CC: Brad & Tammy Aga Brad & Tammy Aga PO Box 7 Larsen Bay, AK 99624 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 October 28, 2005 Re: Case 03-011. Request for a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 — 3, Block 2, Lots 1, IA and 2 — 3, and Block 3, Lots 1 and 2 from R1 -Single Family Residential to B -Business. Dear Mr. & Mrs. Aga: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on June 18, 2003 postponed action on the case referenced above to an undetermined meeting. At the regularly scheduled Planning and Zoning Commission meeting on October 19, 2005, the Commission directed staff to send a formal status letter to all petitioners that have cases that have postponed indefinitely due to anticipated community planning projects. Your case is one of the cases that fall within this category. Due to the fact that the Borough is just beginning a borough - wide comprehensive planning effort and no longer pursuing individualized area plans, it may be appropriate for your case to be reconsidered by the Commission. Staff is seeking your response to this letter to indicate your preference to one of the three options: 1. you would like your cases to be heard by the Commission at their regular meeting in either December, January, or February; 2. you would like to maintain your postponed status, or 3. you would request that the cases be withdrawn completely with the understanding that you could re -apply at a later date. Please respond to this letter at your earliest convenience so we can begin advertising for meetings and preparing new reports. If you have any questions regarding the Commission's actions please contact the Community Development Department at 496-9363. Sincerely, --ifEvA kk.b Mary Myers Ogle, A ICP Director CC: Mike & Lisa Carlson COMMISSIONER KETSCHER SECONDED the amendment. The question was called, and the amendment CARRIED by unanimous roll call vote. The question was called on the amended main motion and CARRIED by unanimous roll call vote. B) Case 03-011. Request for a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A; Block 1, Lots 1 — 3; Block 2, Lots 1, lA and 2 — 4; and Block 3, Lots 1 and 2, from R1 -Single-family Residential to B -Business. STAFF indicated thirty-one (31) public hearing notices were distributed for this case with two responses returned favoring the request, if their properties were included in the rezone request, two returned opposing the request and one returned requesting a postponement. Staff recommended that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation that it be approved if they find that the requested rezone generally meets the intent of the 1984 Larsen Bay Comprehensive Plan. If it is not determined to be consistent with the comprehensive plan then staff recommends denial of the request. COMMISSIONER KETSCHER MOVED TO recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 1, Lots 1 — 3; Block 2, Lots 1, 1A and 2 — 4; and Block 3, Lots 1 and 2, to from Al -Single-family Residential to B -Business, subject to an effective clause, and to adopt the "Findings of Fact" in the staff report dated June 11, 2003 in support of this recommendation. Eli I(hCTIVE CLAUSE 1. Prior to the rezone becoming effective, the petitioners will obtain zoning compliance for all structures and uses located on the developed lots located within the approved rezone area. Should the zoning compliance requirement not be met within 24 months of Assembly approval, this approval shall become null and void. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. P & Z Minutes: June 18, 2003 Page 3 of 7 The purpose of the rezone is intended to create a commercial zoning district to accommodate existing lodge uses and structures located along the edge of the Larsen Bay Subdivision. The petitioners indicate that the rezone is needed as the only feasible way for them to move into zoning compliance from the current noncompliance zoning status. The justification that the intent of the 1984 Larsen Bay Comprehensive Plan can be met is contained in the plan narrative for the Land Use Element, which talks about ways to meet the economic needs of the community while preserving the traditional coastal character of the community. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Kodiak Island Borough has not provided for a mixed-use zone in order to fulfill the literal intent of the 1984 Larsen Bay Comprehensive Plan. The Commission and the Community Development Department have investigated this type of zoning in the past, but were not able to develop a single mixed-use zone that could be used to implement the different plans of several remote communities in the Borough. That leaves the intent of the plan, which has been discussed in this report. If the Commission, and ultimately the Assembly, find that the intent of the plan is generally met by this request, even though it may not be expressly in accord with the plan map, then the amendment would have no effect on the objectives of the plan other than to implement that intent. If the Commission or the Assembly find that the request does not generally meet the intent of the plan, then the request should be denied or the scope of investigation altered until it does meet the intent of the plan. The motion was SECONDED by COMMISSIONER OSWALT. Regular session closed. Public hearing opened: Alan Panamaroff, Mayor, City of Larsen Bay: Spoke in favor of this request. Brad Aga, applicant: Spoke in favor of this request. Steve Gray, attomev: Spoke in opposition of this request. Requested that the Commission wait until the Larsen Bay comprehensive plan is revised to make any decisions. Sandra Katelnikoff, Larsen Bay property owner: Spoke against this request but asked that if the rezone is approved that her lot be included. John Petersen, Larsen Bay property owner: Spoke against this request but asked that if the rezone is approved that her lot be included. P & Z Minutes: June 18, 2003 Page 4 of 7 1 1 Michael Carlson, applicant: Spoke in favor of this request. Provided the reasons for his request. - - - _ Charles Martin, Larsen Bay property owner: Spoke in favor of postponement of this request. Hearing and seeing none. Public hearing closed: Regular session opened: COMMISSIONER WILLIAMS MOVED TO AMEND the motion to postpone case 03-011 until such time as the Community Development Department, with a representative from the Planning & Zoning Commission, has performed a site inspection and obtained additional public testimony. Public testimony should include a community consensus for proposed future business development areas. COMMISSIONER OSWALT SECONDED the amendment. The question was called, and the amendment CARRIED four yeas to one nay by roll call vote. Commissioner Ketscher was the nay. VIII. OLD BUSINESS There was no old business. IX. NEW BUSINESS A.) A resolution of the Parks & Recreation Committee recommending the vacation of a 100 foot portion of Perenosa Drive to be dedicated as Katmai Ridge Park. Staff recommended the Commission forward this resolution to the Assembly with recommendation for approval. COMMISSIONER CARVER MOVED TO forward Parks and Recreation Resolution 2003-01 to the Kodiak Island Borough Assembly recommending the initiation the vacation of a 100 foot portion of Perenosa Drive right-of-way. COMMISSIONER OSWALT SECONDED the motion. The question was called and carried four yeas to one nay by roll call vote. Commissioner Ketscher was the nay. X. COMMUNICATIONS P & Z Minutes: June 18, 2003 Page 5 of 7 KODIAK CHARTERS Box 4478 Kodiak, AK 99615 907 -481 -FISH (fax) 486-3509 Email: kodchart@ptialaska.net web: www.kodiak-charters.com To Community Development) Planning and Zoning Commission, 6-16-03 Our names are Sarah and Brian Blondin. We both own and operate lodges in the City of Larsen Bay, and this will be our family's fourth season of operation in Larsen Bay. We are presently busy with fishing operations and only received notice of rezoning application (case # 03-011) in Larsen Bay, six days ago, and we are very concerned that ours and other peoples concerns will be heard in time for your June 18t meeting, as it is a very busy time for us and others that may want to testify. We feel something as important as this "That will be setting Pmsidence" should have a site inspection before taking action. Therefore we are requesting the planning and zoning commission to postpone action on zoning applications, so there may be further public input and site inspection. We feel that more research should be done and after all it has been zoned the same for many years, so asking for an extra month to do more analysis is the very least you can do for the other residents of Larsen Bay. Thank You Sarah & Brian Blondin ECEIIVE JUN 1 7 2003 COMMUNITY DEVELOPMENT DEPARTMENT 06/18/2003 15:34. FAX 907'_>_.--264 LarsenBay Clinic — {3 el01 June 18, 2003 To Whom it May Concern, Please present this letter at the borough meeting this evening on my behalf. It has been brought to my attention that you are planning the final zoning in Larsen Bay. I am a Larsen Bay resident and I would like to voice my concem about this zoning. I am asking that when making the final zone decisions for Larsen Bay please consider the residents that live here year round. When I signed the purchase agreement for my home I was under the impression that the area, was residential. There where no businesses next door, or across the street. In the last yr the house next to mine has been bought and is being used as a lodge for the summer months thru December or January. I have had to keep my children in the house because of the lodge. Along with the lodge comes drinking, guns, foul language, and noise after hrs which hinders our sleep. It really bothered me when my 6 yr old child came in from playing out side and asked me what does F -u -c -k mean. I realized just how culturally insensitive people from the lower 48 tend to be towards our native communities, when one of my children was called over next door to perform in the yard and the comment I overheard was, look at the little native boy, he's doing tricks for us. There is also a house next to the school that is being used as a lodge as weU. This concerns me because starting in August our children attend school and are then subjected to the same things mentioned above. So I ask that you please leave the residential areas as residential and make it safe for our children and elders. I think that if you were in my position you would agree that these are not things you would appreciate your children being subjected to. Thank you for your time and attention to this matter. Sincerely, Jermifer R Moe Concerned Resident Mayor Allen Panamaroff Sr. City of Larsen Bay PO Box 8 Larsen Bay, AK 99624 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 19, 2003 Re: Case 03-011 . Request for a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1-3, Block 2. Lots 1, lA and 2-3, and Block 3, Lots 1 & 2 from R1 -Single family residential to B -Business. Dear Mayor Panamaroff: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on June 18, 2003 postponed action on the case referenced above until a site inspection can be performed. The approved motion read as follows: Move to postpone case 03-011 until such time as the Community Development Department, with a representative from the Planning and Zoning Commission, has performed a site inspection and obtained additional public testimony. Public testimony should include a community consensus for proposed future business development areas. If you have any questions regarding the Commission's actions please contact the Community Development Department at 496-9363. Sincer Duane Dvo Acting Director CC: Brad & Tammy Aga V. Michael & Lisa Carlson MEMORANDUM DATE: June 11, 2003 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the June 18, 2003 Regu Meeting CASE: 03-011 Public Hearing Item VI -13 APPLICANT: V. Michael & Lisa Carlson; Brad & Tammy Aga; City of Larsen Bay REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A; Block 1, Lots 1 — 3; Block 2, Lots 1, lA and 2 — 4; and Block 3, Lots 1 and 2, from R1 -Single-family Residential to B -Business LOCATION: East end of Larsen Bay Subdivision ZONING: R1 -Single-family Residential Thirty-one (31) public hearing notices were mailed on May 30, 2003. Date of site visit: None Visit Made 1. Zoning History: All land in the City of Larsen Bay was zoned R1 -Single-family Residential by KIB Ordinance No. 77-19-0. Since that time, four additional rezones were approved for Larsen Bay in KIB, Ordinances No. 88-19, No. 89-16, No. 91-28 and No. 93-52. The result is that nine (9) city owned parcels are now zoned PL -Public Use Land, one (1) privately owned parcel is zoned B -Business and the Larsen Bay Airport is zoned LI -Light Industrial. 2. Lot Size: Lot 1, Block 1 Lot 2, Block 1 Lot 3, Block 1 Lot 1, Block 2 Lot 1A, Block 2 Lot 2, Block 2 Lot 3, Block 2 Lot 4, Block 2 Case 03-01I/Staff Report 35,622 Sq. Ft. 21,600 Sq. Ft. 46,362 Sq. Ft. 9,425 Sq. Ft. 15,313 Sq. Ft. 28,201 Sq. Ft. 14,400 Sq. Ft. 36,484 Sq. Ft. Page 1 of 10 P & Z: June 18, 2003 Lot 1, Block 3 Lot 2, Block 3, 3. Existing Land Use: 4. Surrounding Land Use and Zoning: Public Hearing Item VI -13 15,200 Sq. Ft. 15,200 Sq. Ft Lodge/Residential North: Lot 11, Block 2, Larsen Bay Sub. Use: Vacant Zoning: PL -Public Use Land South: Larsen Bay Airport Tract Use: Community Airport Zoning: LI -Light Industrial East: Larsen Bay Use: N/A Zoning: N/A West: Lots 3, 7 and 8, Block 3; Lots 5 and 10, Block 2, Larsen Bay Sub. Use: Vacant; Vacant; Single-family Residential Zoning: R1 -Single-family Residential 5. Comprehensive Plan: The 1984 Larsen Bay Comprehensive Development Plan identifies this area for a combination of Residential and Conservation use. 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The borough assembly upon its own motion; B. The planning commission upon its own motion; C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development office, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. Case 03-011/Staff Report Page 2 of 10 P & Z: June 18, 2003 Public Hearing Bern VI -B 17.72.055 Submission to assembly. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be fmal 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. COASTAL MANAGEMENT APPLICABLE POLICIES Commercial Development 1. Natural Features Dredge and fill, excavation, shoreline alteration and disturbance of anadromous streams, tideflats and wetlands shall be minimized when constructing and operating port, harbor, dock, business and energy facilities - if permitted under applicable regulations. Consistent: N/A. This action does not propose to construct a port, harbor, or dock. There will be no dredge or fill resulting in shoreline alteration or disturbance of anadromous streams. 2. Natural Setting, Views and Access Development shall be conducted in a manner that mitigates adverse impacts upon the Kodiak Archipelago; developers shall provide opportunities for public access to the shoreline and scenic views, to the extent feasible and prudent. Consistent: N/A. This action will result in no change in public access to the shoreline nor adversely impact scenic views. 3. Dredge and Excavation Material Dredging and filling shall be consistent with ACMP Standards 6 AAC 80.040 (Coastal Development) and 6 AAC 80.110 (Mineral and Mining Processing). Dredge spoil may be utilized in shoreside landfills if permitted under applicable regulations for the purpose of creating usable waterfront land. Case 03.011/Staff Report Page 3 of 10 P & Z: June 18, 2003 Public Hearing Item VI -B Consistent: N/A. No dredging or filling is proposed. 4. Facility Design Developments in or over the water, such as piers, docks and protective structures shall be located, designed and maintained in a Manner that prevents adverse impacts upon water quality, fish, wildlife and vegetative resources and minimizes interruption of water circulation patterns, coastal processes and navigation. Consistent: Buffer Zones N/A. No development in or over the water is proposed. There should be no adverse impacts on water quality, fish, wildlife or vegetative resources. Buffer zones shall be established to the extent feasible and prudent, between business areas and major public transportation routes and between business development and adjacent, non -business properties in order to minimize conflicts between land uses. Consistent: Yes. The majority of the lots in the rezone area are larger than typical residential lots in the Larsen Bay Subdivision and can therefore provide a greater degree of buffer area. Commercial zoned lots adjoining residential may be required to install a screening fence, subject to Commission review and approval. 6. Accessory Development Accessory development that does not require a shoreline location in order to carry out its support functions shall be sited away from the shoreline whenever there is a feasible and prudent inland alternative. This category includes parking, warehousing, open-air storage, waste storage, treatment or storm runoff control facilities or utilities. Consistent: N/A. No accessory development is proposed along the shoreline. 7. Wetlands Filling and drainage of water bodies, floodways, backshores or natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Case 03.011/Staff Report Page 4 of 10 P & Z: June 18, 2003 Consistent: Residential Development 1. Location - Public Hearing Item VI -B N/A. No filling or drainage of water bodies, backshores or natural wetlands is proposed as part of this action. In areas with poorly draining soils, development where feasible shall be connected to a sewer line. Where this is not feasible, on-site facilities shall be designed so as not to cause conditions that will pollute rivers, lakes, and other water bodies, including the ground water supply. Consistent: Yes. Onsite well and septic systems are required to meet the standards of ADEC. 2. Open Space Green areas and open space shall be retained to the maximum extent feasible and prudent when land is subdivided. Consistent: N/A. This request does not involve the subdivision of land. 3. Access New subdivisions or other residential developments on the shoreline shall provide useable public access to and along the shoreline, extending the length of the development, to the extent feasible and prudent. Consistent: N/A. This request does not involve the subdivision of land. 4. Hazardous Lands Development shall not occur in hazardous areas such as avalanche runout zones, active floodplain, and high water channels to the extent feasible and prudent. Siting, design, and construction measures to minimize exposure to coastal erosion, mass wasting and historic tsunami run-up shall be required to the extent feasible and prudent. Consistent: Case 03-011/Staff Report N/A. This request does not involve new residential development, but is intended to move existing development towards conformity with the zoning. Should future Page 5 of 10 P & Z: June 18, 2003 Public Hearing hem VI -B subdivision be required, this issue will be reviewed with regard to the hazardous lands policy. S. Wetlands Filling and draining of water bodies, floodways, backshores, and natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: N/A. This request does not involve filling or draining of waterbodies. COMMENTS The petitioners have requested a rezone of 10 lots in the Larsen Bay Subdivision to be rezoned from R1 -Single-family Residential to B -Business. The property owners, with the exception of the City of Larsen Bay, currently have a combination of residential and lodge use established in the rezone area. The City of Larsen Bay owns Lots 1 and 1A, Block 2 which are currently vacant. The 13 -Business zone was determined to be the only zone that would permit the uses requested by the petitioner's and not result in a nonconformity of the lots due to inadequate lot size. The Rural Neighborhood Development zone requires a two (2) acre minimum lot area. Because this area is served by municipal water and sewer the B -Business zone can be applied, although this zone permits a broad range of commercial and service related uses in addition to the uses currently located on the site. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The plan map designates the rezone area as residential. The narrative contained in the Land Use Element of the plan identified a mixed-use zone that would provide for a mix of Commercial, Waterfront and Residential (CWR) near the core area of the city. Since the plan was adopted, the mixed-use zoning district has not been developed and only one (1) lot in the core area designated for that use has been rezoned to B -Business. The petitioners have indicated a strong sentiment that the CWR designation may have application for their area. (A copy of the Land Use Element is attached for the Commission's review) The area requested for rezone is located along the waterfront, it is primarily used for residential purposes but has had ongoing lodge operations for many years. They have noted that their rezone area is located on the periphery of the other residential designated areas and is located between the LI -Light Industrial airport tract and the PL -Public Use Land municipal lot in Block 2. Case 03-011/Staff Report Page 6 of 10 P & Z: June 18, 2003 Public Hearing Item VI -B The petitioners wish to preserve and maintain the traditional nature of the coastal community as referenced in the CWR guidelines for this designation. Guidelines #3 and #4 on page 60 reference the compatible mixture of residential use, to "break up commercial development" (#3) and encouraging the development of "secondary economic ventures, such as those associated with the sport hunting and fishing markets" (#4) which can be developed as home business ventures from within the mixed use area, while still allowing for the establishment of larger -scale operations, such as restaurants, lodges and supply stores. Based upon the preceding references, the plan appears to distinguish between home-based lodging operations and those which are solely operated as a commercial business. The Commission and the Assembly will need to determine whether this guidance is appropriate to be applied to the proposed rezone area. The need to review and update the plan has been discussed with a number of Larsen Bay residents, however this is unlikely to occur until the Womens Bay Community Plan update is completed sometime in late 2003 or early 2004. Other remote communities in the borough have embraced the mixed-use philosophy to varying degrees. The rationale for those communities that support the mixed use approach is based upon the limited nature of utility infrastructure, such as water, sewer, electrical and telephone services. Coupled with the relatively small size of the communities, makes it hard to provide the same level of use segregation that larger communities tend to expect and require. Because the B -Business zone permits such a wide range of permitted commercial uses, however, it does not lend itself to the mixed-use approach. As investigated previously by staff, a mixed use zone for the Kodiak Island Borough would most likely be more restricted than a fully commercial zone, in order to ensure compatibility with residential uses in close proximity to the allowed commercial uses. ZONING/USE: The lots area currently zoned R1 -Single-family Residential. The proposed rezone would make the lots B -Business, which is the primary commercial district applied in the City of Kodiak and in Womens Bay. The B -Business zone permits a wide range of commercial uses and services, which the Commission should look at closely to see whether there are any potential uses allowed which might create a conflict for the surrounding area, which is also zoned R1 -Single-family Residential. The B -Business zone permits single-family residential use when it is located in a structure containing a permitted commercial use, subject to certain limitations on the basis of floor area and residential area in relation to street frontage. It is possible that the rezone, if approved, could create a nonconforming use or structure on one or more of the lots. Additional information would be required about the existing structures and their floor plans in order to say for certain what the outcome would mean. Staff notes that there are no off-street parking requirements in the villages for either residential or commercial uses. Case 03-011/Staff Report Page 7 of 10 P & Z: June 18, 2003 Public Hearing Item VI -B LAND SUITABILITY: The land appears to be suitable as the uses have been established at this location for a number of years. The lots are served by water, sewer, electrical and telephone utilities. The lots range in size from 9,425 Sq. Ft. to 46,362 square feet, and representing a total area of 5.46 acres requested for rezone. RECENT DEVELOPMENT TRENDS IN THE AREA: The City of Larsen Bay has been requesting an update to the community comprehensive plan for several years now. Staff is aware that there are a number of commercial lodge operators doing business in the Larsen Bay community that are also out of compliance with the R1 -Single-family Residential zoning. Staff has received a number of inquiries about the possibility of joining in this rezone request, and comments from other people who object to the request. Staff has limited its review in this case to the rezone area petitioned for rezone. Future rezone requests in Larsen Bay will be similarly reviewed on a case-by-case basis . As previously mentioned, the B -Business zone does not lend itself to the mixed use zoning approach because of the wide range of uses that are permitted in that zone. Therefore, it is essential that other interested persons make their own requests for rezone, which will be reviewed on a case-by-case basis. It is expected that the B -Business zone will require the same degree of segregation as it does in the City of Kodiak and along the Kodiak road system. TRAFFIC IMPACTS: Staff has not fielded any complaints about vehicle traffic related to the residential or lodge uses located in the proposed rezone area. As previously noted under the Zoning/Use section above, there are no parking requirements in the villages because the number and availability of vehicles in the villages is somewhat limited. RECOMMENDATION Should the Commission find that the requested rezone generally meets the intent of the 1984 Larsen Bay Comprehensive Plan, then staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation that it be approved. If the Commission cannot make this finding, then it should either deny the rezone request, or alter the scope of investigation to include additional zones or to fine-tune the boundaries of the request. The Commission is not obligated to reach any particular conclusion by virtue of a rezone request alone, but can only make recommendations that it feels are adequately supported by the applicable element of the Kodiak Island Borough Comprehensive Plan, of which the 1984 Larsen Bay Comprehensive Plan is a part. Case 03-01 I/Staff Report Page 8 of 10 P & Z: June 18, 2003 Public Hearing Item VI -B APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 1, Lots 1 — 3; Block 2, Lots 1, I and 2 — 4; and Block 3, Lots 1 and 2, to from RI - Single -family Residential to B -Business, subject to an effective clause, and to adopt the "Findings of Fact" in the staff report dated June 11, 2003 in support of this recommendation. EFFECTIVE CLAUSE 1. Prior to the rezone becoming effective, the petitioners will obtain zoning compliance for all structures and uses located on the developed lots located within the approved rezone area. Should the zoning compliance requirement not be met within 24 months of Assembly approval, this approval shall become null and void. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The purpose of the rezone is intended to create a commercial zoning district to accommodate existing lodge uses and structures located along the edge of the Larsen Bay Subdivision. The petitioners indicate that the rezone is needed as the only feasible way for them to move into zoning compliance from the current noncompliance zoning status. The justification that the intent of the 1984 Larsen Bay Comprehensive Plan can be met is contained in the plan narrative for the Land Use Element, which talks about ways to meet the economic needs of the community while preserving the traditional coastal character of the community. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Kodiak Island Borough has not provided for a mixed-use zone in order to fulfill the literal intent of the 1984 Larsen Bay Comprehensive Plan. The Commission and the Community Development Department have investigated this type of zoning in the past, but were not able to develop a single mixed-use zone that could be used to implement the different plans of several remote communities in the Borough. That leaves the intent of the plan, which has been discussed in this report. If the Commission, and ultimately the Assembly, find that the intent of the plan is Case 03-011/Staff Report Page 9 of 10 P & Z: June 18, 2003 Public Hearing Item VI -B generally met by this request, even though it may not be expressly in accord with the plan map, then the amendment would have no effect on the objectives of the plan other than to implement that intent. If the Commission or the Assembly find that the request does not generally meet the intent of the plan, then the request should be denied or the scope of investigation altered until it does meet the intent of the plan. Case 03-011/Staff Report Page 10 of 10 P & Z: June 18, 2003 ce,f\ 7 0(\.pn Propo5t 2onjfl5 CJ (-) ilia MMMMMM IIIIMIIIM i*in$fIMI vosvocikhj Ltd v V, vAdas- s = Rs. k- f.typare KODIAK ISLAND BOROUGH COM UNITY DEVELOPMENT DEP TMENT 710 MILL BAY ROAD, ROOM 205, KODIAK, ALASKA 99615-6398, t907) 486-9362 The application fee for items covered by this form is $200.00, except as otherwise noted. Conditional Use Permits, and Variance applications also require the submission of a site plan. Property owner's name: Property owner's mailing ,��= City: Z -/y Applicant Information in;Maial Lissa OftelsoAl 6660 :iro:/yvny address: RA 92 `i' P 7 Home phone: State: S 47-2 5 zip: 9?&2Li Work phone: Sip If applicable, Agent's name: Agent's mailing address: City: State: Zip: Home phone: Work on �,. (_ -f r Property Info ation Legal Description: `t"' ' 'E ' Lo 'z bi>Or, I La 3 bkocic Present use of property: n /Z-- — f )� Proposed use of property: O`'\ VYl e. f 6 (.)S &.esS �. 4eQ0,0 g(23Co3 Applicant Certification 1, the applicant/authorized agent, have been advised of the procedures involved with this request and have recieved a copy of the appropriate regulation. Authorized Agent's Signature Date Code Section(s) involved: STAFF USE ONLY Variance `_onditional Use Permit -'. tle 18 Review Other (appearance requests, etc.) Zoning change fr Application received by: July, 1993 PAYMENT VERIFICATION FIREG FICASH 85/89/2683 99:12:31 818855571 Zone Fee PAID 288.88 *** Paid in Full *** Kodiak Island Boroug Kodiak AK 99615 (987) 486-9324 03-01 I� CITY OF LARSEN BAY PO BOX 8 • LARSEN BAY, ALASKA • 99624 PHONE: 907-847-2211 • FAX: 907-847-2239 E-MAIL: CITYOFLARSENBAY®AOL.COM May 12, 2003 Kodiak Island Borough Dwayne Dvorak Planning and Zoning Commission 710 Mill Bay Rd Kodiak, AK 99615 Dear Mr. Dvorak, The City of Larsen Bay respectfully request the Kodiak Island Borough Planning and Zoning Commission change the zoning of Block 2 Lot 1 and 1A from residential to commercial. The land stated is too small of an area for any residential building. The requested change is in agreement with the City of Larsen Bay's comprehensive plan. If you have any questions please feel free to contact myself at the above phone number. Sincerely, Allen Panamaroff Sr. Mayor RECEllUE _j) MAY 14 ZU09 14 2003 I COMMUNITY DEVELOPMENT DEPARTMENT 10ECEIIVE 1111 M 3 2003 COMMUNITY DEVELOPMENT DEPARTMENT KI �;IAK ISLAND BOROU; ;I COMMUNI l'Y DEVELOPMENT DEYATMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, June 18, 2003. 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: B) CASE: APPLICANTS: REQUEST: LOCATION: ZONING: 03-011 V. Michael & Lisa Carlson; Brad & Tammy Aga; City of Larsen Bay A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, tract A, Block 1, Lots 1- 3, Block 2, Lots 1, IA and 2 — 3, and Block 3, Lots 1 & 2 from Rl — Single family residential to B -Business. 100, 101 and 103 Second Street and 92, 94, 95, 96, 97, 98, and 99 Third 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 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, June 11, 2003, 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. I�""� ""� p fl Your Name: tjilhjr 5 it l)gt,,,gLttel ailing Address: fl. Pa% hp J.4.04,04yl A/C Fi /itind.t Your property description: & Loa lc 1- 1.o45 6o4/453/os /07// Comments: E COWS 41144114a.sC9, 671 iia .S 4 , ec „ Co-Arniterevee O 1pC�ifei/iec (9,01-1iA ox -,��rosi Lofr/ .f 4 � PAou �/^, se t e/zid1 e i0 -,v4 citk' f e 4-<- 21 TY 19 Q [ fAmt .c.,-0 C O4 j ea._ ..\-7-{v 412-C4ti 47—.OP 2-12/... IECEOVI--sA yy JUN - 4 2003 ,1 COMMUNITY DEVELOPMENT DEPARTMENT K IAK ISLAND BORON COMMUNI Y DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item V1 -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, June 18, 2003. 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: B) CASE: APPLICANTS: REQUEST: LOCATION: ZONING: 03-011 V. Michael & Lisa Carlson; Brad & Tammy Aga; City of Larsen Bay A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1,'Lots 1 -- 3, 3, Block 2, Lots 1, lA and 2 — 3, and Block 3, Lots 1 & 2 from Rl — Single family residential to B -Business. 100, 101 and 103 Second Street and 92, 94, 95, 96, 97, 98, and 99 Third Street, Larsen Bay R1 -Single Family Residential This notice is being sent to you because our records indicate youare 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 prtar, 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 1400478-5736. One week prior to the regular meeting, on Wednesday, June 11, 2003, 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. / //,/� / n / /A/ St,/jpgj,2/ Your Name: /!//f-IICK MailingAddress: n.,,,/ft //^1/i/teLC%/!//J 970 -- Your property desc '�Noa: / R ,t ,i /T S'< 0 Z;17- f Comments: " _ l . +l s LIs s Id Si .0 f 1 AelaMi /.t7//c� A � — : ae . .i • 1 i #1 4 _� 0 St/ A. /. I'%',*�' /,: !�=//A(.%L/i=/ /I I JI 4i 1 5ACE f�t c.1//Lt# 6- niC01//..(� ES%Qfr4.177,4t • , CEOVE] JON - 9 2003 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, June 18, 2003. 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: B) CASE: APPLICANTS: REQUEST: LOCATION: ZONING: 03-011 • V. Michael & Lisa Carlson; Brad & Tammy Aga; City of Larsen Bay A rezone, in accordance .with KIBC 17,72.03Q .(Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 — 3, Block 2, Lots 1, 1A and 2 — 3, and Block 3, Lots 1 & 2 from R1 — Single family residential to B -Business. 100, 101 and 103 Second Street and 92, 94, 95, 96, 97, 98, and 99 Third Street, Larsen Bay R1 -Single Family Residential This notice is being the request. If you to the Community fax number is: (907) the appropriate tall free telephone One week prior to Kodiak Island Borough Kodiak Island Borough decision on this request. at 486-9363. Your Name:7/? sent to you because ow records indicate you are a property ownerlinterested do not wish to testify verbally, you may provide your comments in Development Department prior to the meeting. If you would hire to party in the area of the space below, or in a letter fax your comments to us, our in your comments during number is 486-3231. The be held at 7:30 p.m. in the Base. with the Commission's please feel free to call us -- 97 1.0d J#/ 486-9396. I[ you would like to testify via telephone, please eall public bearing section of the meeting. The local call-in telephone number is 1-800-478-5736. the regular meeting, on Wednesday. June 11, 2003, a work session will Conference Room (#I21), to review the packet material for the Code provides you with specific appeal rights if you disagree If you have any questions about the request or your appeal rights, pr 1,7.224.47- 64:0f' -reg( Milling Address: 4Q Zeta' Your properly description: Comment,: 1 it i d O4 Ali air i - . • • _ • - I • iarrial• r t e. & • •A iv • • - • • . t • II . I a 6Ei-d Z60/d06'd 118-1 6EN-1PB-166 LAND USE ELEMENT Introduction Four basic land -use standards have been applied in developing a land -use plan for Larsen Bay. These are: Industrial Commercial, Waterfront and Residential Residential Conservation • These use standards are only general guides and are not intended to standalone or in the place of more detailed and structured land -use ordinances developed by the Kodiak Island Borough in close cooperation with the City of Larsen Bay. (See Figure 11) Industrial Future industrial expansion should develop in conjunction with the existing Larsen Bay Seafoods plant, and those expansion requirements should be adequately met with existing land available at the site. Some. uses of this property could change (such as the boat haul-outand some commercial stores) expanding to other property within the 57 KIBS284650 LEGEND RESIDENTIAL COMMERCIAL, WATERFRONT & RESEENTIAL 1111111111111111 INDUSTRIAL CONSERVATION K1BS284651 N community, e.g. the new small boat harbor site. The existing acreage provides sufficient land base for an expanded operation. Restricting industrial development to this site also is dictated by the availability of water and electricity. Industrial development elsewhere would entail construction of additional self-contained systems or tying into the city's distribution system. As examined earlier in this document, increased load demands should not be placed on the municipal system, except for commercial and residential development. Commercial, Waterfront, and Residential Those platted tracts and lots within the existing townsite that lie adjacent to and immediately upland from the shoreline (from the central core of the community west to the site of the new small boat harbor) have been dedicated for multiple use. These multiple uses are the same as those found in the heart of the community and can be considered traditional uses, i.e. commercial, residential and waterfront -related. 59 KIBs284652 • Providing mixed uses in this combination has specific advantages for the City of Larsen Bay. All commercial development will be established along or near the waterfront in the central part of the community. This serves to provide easy access to all community members and also serves to maintain the traditional nature of the coastal community. 2. Waterfront -related uses are not exempt or solely supported but allowed to develop on'those sites along the shore that are best suited for their particular function or use. Again, this serves to allow maximum siting advantages and maintaining the traditional nature of the community without restricting other equally prioritized uses. Residential use is allowed to permit full use of existing property, to break up commercial development and to preserve the traditional nature of the city. 4. The development of secondary economic ventures, such as those associated with the sport hunting and fishing markets, can develop as home business ventures from within 60 KJBS284653 N this mixed—use area, while still allowing the establishment of larger—scale operations, such as restaurants, lodges and supply stores. The areas designated in this CTR mixed—use include acreage on the upland side of the new small boat harbor site. Sufficient, acreage needs to be so dedicated to accommodate the land—intensive use associated with boat storage, gear storage, future supply and, repair vendors as well as parking and other related uses, including those for transient moorage. Residential The City of Larsen Bay is preparing for the disposal of up to 25 lots for residential development in the current townsite. This disposal will exhaust the supply of residentially platted lots in the community. It will not, however, exhaust the future demand for land for residential development. Additional acreage is available to the west of the existing townsite and off the roadway recently constructed as access to tbe new sanitary landfill site. This property is currently under Koniag Native Corporation ownership but will likely be selected by the •61 1QBs2846s4 municipality as a part of its ANCSA 14(c)(3) selections. Sufficient land is available to allow developments, ranging from subdivisions to individual tracts of one acre or larger. The community's goal of not requiring high density residential development should be satisfied with residential growth in these areas. It will be necessary to survey and plat this acreage as soon as possible to allow sufficient time for the necessary utility planning and other development considerations to be executed. Conservation Conservation designations serve three basic functions in this land—use plan. Such development requirements protect the community's watershed from encroachment and potential harm. This protection is obviously considered critical by the community. 2. Property that is not suited for development because of its poor drainage or its erosion problems must be protected for the benefit of 62 KIBS284655 surrounding property. The designation of open space use includes such property, especially along the shoreline as well as south of the spit in. the vicinity of the • creek. The reservation of some open space for outdoor recreation and enjoyment is essential for the well—being of any community. Shoreline open space reserves providepublic access to the beaches and coastline for individual and family enjoyment. Park development already is underway by the city and construction of a trail system is envisioned. 4. Open space use reservation also provides a buffering zone between certain land uses that, while not incompatible, are best served by some visual and noise protection from one other. Such buffering may be needed in the vicinity of the small boat harbor site and is served by the natural buffering to the west of the school. 63 HIBS284656 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6398 BAYVIEW VENTURES P.O. BOX 15 LARSEN BAY ALASKA 99624-0015 Ko I4 13 //f Ce31"t Ad , 7/ 0 mitt Ko • g 2d k 9 9.6fS (C57800(0001 92130/# 00,50 ibic r- R 6'78'00 r700 0 578 -DO 700 GO Bk g r5r1 o38733)>3u_ k 5 Cig 0,0 W0056 tqy' • - - - v.:,f t:009 -00.o Tt 6 `‘. 2,6b 00 o o. 0 ke pock - www.alaskacoast.state.ak.us t,51)$'06000 lb fl 415994wateilisor 1 - rstnecot 0010 - CsPw�oi 0030 C 59a00a 00 10 _ Q5,7 8-06.20/q0 6k, 3 - \skorNi os - g 5 7 &o(:thoo 0 , g 50 11"-PCz-,694 `•„ -77 0 ( 3 t* - e Firoottpoi 0 wOOLi 00 a 5 Nj&- g rl 0(360:3 o - le 5 17 8- (30,5 co '23-0 www.alaskacoast.state.ak.us Mayor Allen Panamaroff Sr. City of Larsen Bay PO Box 8 Larsen Bay, AK 99624 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 June 2, 2003 Re: Case 03-011. Request for rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 — 3, Block 2, Lots 1, IA and 2 — 3, and Block 3, Lots 1 & 2 from R1 — Single family residential to B -Business. Dear Mr. & Mrs. Aga: Please be advised that the request referenced above has been scheduled for review and action by the Kodiak Island Borough Planning and Zoning Commission at their June 18, 2003 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 recommended. The week prior to the regular meeting, on Wednesday, June 11, 2003 at 7:30 p.m. in the Borough Conference Room. (#121), the Commission will hold a work session to review the packet material for the regular meeting. You are invited to attend this work session in order to respond to any questions the Commission may have regarding this request. If you have any questions, please call the Community Development Department at 486-9363. Sincerely, C E Erin Whipple, Secretary Community Development Department Brad & Tammy Aga PO Box 7 Larsen Bay, AK 99624 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 June 2, 2003 Re: Case 03-011. Request for rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 — 3, Block 2, Lots 1, IA and 2 — 3, and Block 3, Lots 1 & 2 from Rl — Single family residential to B -Business. Dear Mr. & Mrs. Aga: Please be advised that the request referenced above has been scheduled for review and action by the Kodiak Island Borough Planning and Zoning Commission at their June 18, 2003 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 recommended. The week prior to the regular meeting, on Wednesday, June 11, 2003 at 7:30 p.m. in the Borough Conference Room (#121); the Commission will hold a work session to review the packet material for the regular meeting. You are invited to attend this work session in order to respond to any questions the Commission may have regarding this request. If you have any questions, please call the Community Development Department at 486-9363. Sincerely, Erin Whipple, Secretary Community Development Department Michael & Lisa Carlson PO Box 92 Larsen Bay, AK 99624 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 June 2, 2003 Re: Case 03-011. Request for rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 — 3, Block 2, Lots 1, IA and 2 — 3, and Block 3, Lots 1 & 2 from Rl — Single family residential to B -Business. Dear Mr. & Mrs. Carlson: Please be advised that the request referenced above has been scheduled for review and action by the Kodiak Island Borough Planning and Zoning Commission at their June 18, 2003 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 recommended. The week prior to the regular meeting, on Wednesday, June 11, 2003 at 7:30 p.m. in the Borough Conference Room (#121), the Commission will hold a work session to review the packet material for the regular meeting. You are invited to attend this work session in order to respond to any questions the Commission may have regarding this request. If you have any questions, please call the Community Development Department at 486-9363. Sincerely, Erin Whipple, Secretary Community Development Department K sIAK ISLAND BOROL,, _I COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, June 18, 2003. 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: B) CASE: 03-011 APPLICANTS: V. Michael & Lisa Carlson; Brad & Tammy Aga; City of Larsen Bay REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 — 3, Block 2, Lots 1, IA and 2 — 3, and Block 3, Lots 1 & 2 from RI — Single family residential to B -Business. LOCATION: 100, 101 and 103 Second Street and 92, 94, 95, 96, 97, 98, and 99 Third 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 S. to the meeting. If you would like to fax your comments to as, our fax number is: (907) 486-9396. If you would like to testify via telephone, please tall 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, June 11, 2003, 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: SALASKA BUREAU OF LAND MANAGEMENT 8 & TAGA P.O. BOX 196900 222 E 7TH AVE #13 PO BOX 7 ANCHORAGE AK 99519-6900 ANCHORAGE AK 99513-7599 LARSEN BAY AK 99624 LARSEN BAY LODGE'INC P 0 BOX 92 LARSEN BAY AK 99624 F & S CARLSON PO BOX 92 LARSEN BAY AK 99624 CITY OF LARSEN BAY PO BOX 8 LARSEN BAY AK 99624 M AGA M KNEEN J JOHNSON POBOX2 POBOX 162 POBOX16 LARSEN BAY AK 99624 ILIAMNA AK 99606 LARSEN BAY AK 99624 D EASTER RUSSIAN ORTHODOX OF SITKA HEIRS OF PETER WASSELIE 174 TWIN OAKS DR. P O BOX 240805 MOUNT AIRY NC 27030 ANCHORAGE AK 99524-0805 KARLUK AK 99608 R MASCHMED JR 5617 NE 42ND AVE, VANCOUVER WA 98661 T & J CARLSON PO BOX 93 LARSEN BAY AK 99624 LARSEN BAY PROPERTIES, LLC PO BOX 107 LARSEN BAY AK 99624 D ROTELLA ETAL 1544 SLIDE CREEK RD LONGVIEW WA 98632 V CARLSON KODIAK ISL HSG AUTH P.O. BOX 7 3137 MILL BAY RD LARSEN BAY AK 99624 KODIAK AK 99615 M WASELIE E CARLSEN V HOCHMUTH POBOX21 POBOX 9058 POBOX74 LARSEN BAY AK 99624 KODIAK AK 99615 LARSEN BAY AK 99624 J EWALD R GUARD ETAL M AGA 11186 HWY 1 1559 UNDERWOOD LANE SE PO BOX 876952 COOK MN 55723 WESTPHALIA KS 66093 WASILLA AK 99687 W ANDERSON C & M ARNESON MARLENE AGA 1064 W 23RD AVE PO BOX 876952 PO BOX 34 ANCHORAGE AK 99503 WASILLA AK 99687 LARSEN BAY AK 99624 R PFUTZENREUTER J WICK S BLONDIN P.O. BOX 1740 P 0 BOX 26 PO BOX 4478 KODIAK AK 99615 LARSEN BAY AK 99624 KODIAK AK 99615 C & S JOHNSON 911 HILLSIDE DR KODIAK AK 99615 n 4r A 1 1_ CS NOTE D'//CU/NG AWO ,SHOP L`7ICRoACH C.N TO %4" 5TREET RIGHT -OF "WAr s}S SHOWN HEREON. s AS- BUILT SURVEY PREPARED BY: HORIZON LAND SURVEYING INC. P.O. BOX 1945 KODIAK ALASKA 99615 ( 907 ) 486- 6506 I hereby certify that I have surveyed the foliowing described property: Lof5 earul3, b/c k 2 and Cots / a�2, 6lock 3, cf A, Tbwrl,5i7' 4Fl?P%en,8ay, U.S.S4rey48 ', P_laf rev 69-3 /S-odia�c thin. Dist gro' •��' � and that the improvements situated thereon are within the property lines id, C9ii�1, : and do overlapor encroach on the property lying adjacent thereto, p* .�v T — 1� iC ® P P Y 1 h J 0•o..00 ...... aaao...••000r• IS that no improvements on property Tying adjacent thereto encroach on 0 the premises in question and that there are no roadways, transmis- to oo• sion lines or other visible easements on said property except as indi- �• !�a g cated hereon. 4•••t 90 ' 1. 0. Bergeo s.�s•.••LS-5777 • Aryl,• ..... • VJ OWA ' Dated this day of 12.0 see I.G.BERGEE Registered Land Surveyor Scale: /14,-, SD feel Drawn by:.S. 4us/e '7 g/) Date: /3 December ZOOT TRACT B 444411/$* Asirk, USS 4872 LARSEN BAY TN TRACT C '4Nit '''\ c4NNR USS 672 ST 1A \h. 5s. E$kS'( P 12 St• O t‘ t. Sp *VOc�►©d o444 oA, V ,1 Aill -, VP** t© c - - - \ ° A* 0 V 0-4 5 • 0 ` 0 � � > 2A2 / 14 5A-1 �s ' / 4 © ' ` c %' l''t. e, .,.C.) - 4V1P?tir 9 8 7 6 5 4 3 2 p \ / \`\ , v \ ^ \._._, 1 ,,,,- , __ , VFW ,,,,,-,1.$ ,-- // 10 �' tib 8 g -' USS 4872' ' , 'RACY E �� FFA . = ' Jam`' �; 10 Q , 6 �g 8 LARSEN BAY TO WNSI TE ZONING MAP ak' SAF 16 10 10 FT ,,,. LARSEN BAY WATERSHED PUBLIC USE LANDS 12 11:h g STREET FIRST RST , b! •\ "' BUSINESS 6 ^3 _iii APPLICABLE ORDINANCES �� J ,2 prr LI- LIGHT INDUSTRIAL 93-52 91-28j 89-16 88-19 % • % •�//� .1.. /i IN ACCORDANCE WITH K.1.13ORDINANCE 77-19-0, ALL LANDS WITHIN THE CORPORATE LIMBS OF LARSEN BAY ARE REZONED TO R-1 UNLESS OTHERWISE SHOWN. ,. .... w .. a - MOM mrrn mtnt r.eiaT o -n -.a USS 4872 TRACT E USS 4872 LARSEN BAY TNS. TRACT C -DRAFT 6/12/2007 City Hall Senior Center cri co co 0 • 0.25 0.5 Miles Kodiak Island Borough - Larsen Bay: Proposed Future Land Use Kodiak BOROUGH Map composed by the Alaska Conservation GIS Center based on parameters provided by Cogan Owens Cogan. Conservation MI Commercial Industrial/Light Industrial Mixed Commercial/ Waterfront/ Residential Residential Public Use Source: Kodiak Island Borough GIS, 2006