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LARSEN BAY TR A BK 16 LT 10 - RezoneMr. James Hamilton, Jr. 1435 H Street Anchorage, AK 99501 Kodiak Island Borough Community Development Department 710 MiirBay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kib.co.kodialc.ak.us October 16, 2008 Re: Case 03-018. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), for Larsen Bay Townsite Subdivision, Tract A, Block 16, Lot 10 from R1 - Single Family Residential to B -Business. Dear Mr. Hamilton: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on October 14, 2008 denied your rezone request cited above. The Commission adopted Findings of Fact in the staff report dated September 10, 2008 in support of this recommendation. Findings of Fact are the commission's formal justification for the action taken. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The purpose of the rezone request is intended to create commercial zoning districts to accommodate existing lodge uses and structures located near the western of the Larsen Bay Subdivision, near the small boat harbor. The petitioners have indicated that the rezone is needed as the only feasible way for them to move into zoning compliance status. Staff analysis indicates that the nature and scale of the current use appears to be more residential than commercial at this point in time and that a rezone to B -Business will create additional commercial development potential that may require additional resources from the city's limited infrastructure system. Staff analysis indicates that the scale of use on this property may be able to be made conforming in the RI zoning district by converting to a Bed & Breakfast use. This request has been held in abeyance for five or more years awaiting an update to the KIB Regional Comprehensive Plan and it is now time to make these long awaited decisions in order to restore and maintain the balance between residential and commercial uses in the Larsen Bay community. Because the community leadership capacity has diminished in recent years due to the turnover of leadership and administrative staff, the recommendations in this case are limited to those lots where existing lodge use and structures are established in order to maintain the status quo level of both commercial benefits to the community and related community impacts associated with lodge uses. The current RUBA Assessment Report and associated utility rate study, in _conjunction -with- the most-reeent-resolutiorradopt 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 recommendation to deny this request is one based upon conditions in the community that are expected to change in community and while the recommendation at present is for denial, it must be stated that the future land use designation for this area is to become Commercial at some point in the future when the community is better able to support on a sustainable basis further commercial development. A recommendation for denial of the requested rezone at this time does not have an effect positively or negatively on the comprehensive plan goals and objectives, except to say that now is not the time for such a change to occur. APPEAL RIGHTS According to KIBC 17.72.055. 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. For clarification, that 10 day appeal period begins once the commission has approved their Findings of Fact on the case. Should you choose to appeal the Commission's decision to the Borough Assembly, a written request and statement should be submitted to the Clerk's Office. Should you have any questions about the procedure, please call the Clerk's Office at 486-9310. Sincerely, Bud Cassidy Director CC: Rick Gifford, Manager Nova Javier, Borough Clerk Public Hearing Item VI -C SUPPLEMENTAL MEMORANDUM DATE: October 7, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the October 7, 2008 Regular Meeting CASE: 03-018 APPLICANT: James Hamilton REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A; Block 16, Lots 10, from R1 -Single- family Residential IQ B -Business LOCATION: 1210 First Street ZONING: R1 -Single-family Residential Introduction This case was postponed AFTER THE COMMISSION RECEIVED PUBLIC TESTIMONEY, at the special meeting held on Larsen Bay on September 20, 2008. Staff's recommendation remains the same as that made at the September meeting. The RECOMMENDATION, APPROPRIATE MOTION and THE FINDINGS OF FACT from that case have been included in this Supplemental Memorandum for convenience. RECOMMENDATION Staff recommends that a rezone of Lot 10 from R1 -Single-family Residential to B -Business be DENIED. The site appears to be largely residential in nature and it would increase the potential drain on community infrastructure to rezone this site to B -Business. Until such time as the community infrastructure system is deemed sustainable, the petitioner has other potential options to continue operating as a Bed & Breakfast use by obtaining a Conditional Use Permit in the R1 - Single -family Residential zoning district. APPROPRIATE MOTION Should the Commission agree with the staff recommendations, the appropriate motions are: Case 03-018/Staff Report Page 1 of 3 September 20, 2008 Public Hearing Item VI -C Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 16, Lots 10; from R1 -Single-family Residential to B -Business. The preceding motion should be denied and the following motion adopted: Move to adopt the "Findings of Fact" in the staff report dated September 10, 2008 in support of this recommendation. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The purpose of the rezone request is intended to create commercial zoning districts to accommodate existing lodge uses and structures located near the western of the Larsen Bay Subdivision, near the small boat harbor. The petitioners have indicated that the rezone is needed as the only feasible way for them to move into zoning compliance status. Staff analysis indicates that the nature and scale of the current use appears to be more residential than commercial at this point in time and that a rezone to B -Business will create additional commercial development potential that may require additional resources from the city's limited infrastructure system. Staff analysis indicates that the scale of use on this property may be able to be made conforming in the R1 zoning district by converting to a Bed & Breakfast use. This request has been held in abeyance for five or more years awaiting an update to the KIB Regional Comprehensive Plan and it is now time to make these long awaited decisions in order to restore and maintain the balance between residential and commercial uses in the Larsen Bay community. Because the community leadership capacity has diminished in recent years due to the turnover of leadership and administrative staff, the recommendations in this case are limited to those lots where existing lodge use and structures are established in order to maintain the status quo level of both commercial benefits to the community and related community impacts associated with lodge uses. The current RUBA Assessment Report and associated utility rate study, in conjunction with the most recent resolution adopted by the Larsen Bay City Council indicate a need for change to occur in the community leadership and administration in order to re-establish continuity of government operations and restore community sustainability before more commercial development potential is considered for the Larsen Bay Community. Case 03-018/Staff Report Page 2 of 3 September 20, 2008 Public Hearing Item VI -C 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The recommendation to deny this request is one based upon conditions in the community that are expected to change in community and while the recommendation at present is for denial, it must be stated that the future land use designation for this area is to become Commercial at some point in the future when the community is better able to support on a sustainable basis further commercial development. A recommendation for denial of the requested rezone at this time does not have an effect positively or negatively on the comprehensive plan goals and objectives, except to say that now is not the time for such a change to occur. Case 03-018/Staff Report Page 3 of 3 September 20, 2008 Current Location P & Z Case # 03-018 Hamilton, James Request: A rezone, in accordance with KIBC 17.72.030. C (Manner of Initiation), for Larsen Bay Townsite, Tract A Block 16, Lot 10, from R-1 Single Family Residentia to B - Business. 1 lOnVINAL-OPO k= ��'.�1tl �00oaoi 0. 0, IA le 1,4 0% Nt- Jy A w Feet 0 1,000 2,000 I I 1 Legend Subject Parcel Tr A Bk 16 Lt 10 Parcels Map prepared for the purpose of showing the General location of the Kodiak Urban area. June. 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets.. Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to-date. Kodiak Island Borough Community Development Department. Current Zoning Request: Rezone from R-1 SFR to B -Business Larsen Bay Rezone Requests Eighteen (18) total parcels Agent: Multilple Feet 0 1,000 2,000 1 1 p Legend Subject Parcels, 18 Total Business Conservation Industnal Light Industrial Natural Use Public Use Single Family Residential i% Two Family Residential Multi Family Residential Retail Business Rural Residential Rural Residential 1 Rural Residential 2 Split -Lot Zone s 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 # 03-018 Hamilton, James Request: A rezone, in accor.ance with KIBC 17.72.030 (Manner of Initiation) for Larsen Bay Townsite Tract A Block 16 Lot 10 from R1- Single Family Residential to B - Business. Legend Tract A Block 16 Lot 10 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. DATE: TO: FROM: SUBJECT: CASE: APPLICANT: REQUEST: LOCATION: ZONING: Public Hearing Item VI -C MEMORANDUM September 10, 2008 Planning and Zoning Commission Community Development Department Information for the Sept. 20, 2008 Regular Meeting 03-018 James Hamilton A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A; Block 16, Lots 10, from R1 -Single- family Residential to B -Business 1210 First Street RI -Single-family Residential Fifteen (15) 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 MB 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: Tract A, Block 16, Lot 10 Existing Land Use: Lot 1, Block 1 4. Surrounding Land Use and Zonin 1: North: Tract A, Blk Use: Zoning: South: Tract A, B Use: Zoning: 16, Lot 19A Public Reserve Vacant 8 acres R1 -Single-family Residential 9, Lot 4 Vacant Al -Single-family Residential 45,794 Sq. Ft. Lodge/Residential Case 03-0I8/Staff Report Page 1 of 25 September 20, 2008 East: West: Tract A, Blk 19, Lot 5 Use: Vacant Zoning: R1 -Single-family Residential Tract A, Blk 16, Lot 19A Public Reserve Use: Vacant 8 acres Zoning: R1 -Single-family Residential Tract A, Blk 16, Lot 11 Use: Single-family Residential Zoning: R1 -Single-family Residential Comprehensive Plan: Public Hearing Item V1 -C The 2008 Kodiak Island Borough Comprehensive Plan Update designates this lot for Commercial use with Residential use designated on the adjoining lots in the same block. 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); 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. 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 Case 03-018/Staff Report Page 2 of 25 September 20, 2008 Public Hearing item Vi -C 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: 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 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. Case 03-018/Staff Report Page 3 of 25 September 20, 2008 Public Hearing Item V1 -C 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 lots 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. 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. Case 03.018/Staff Report Page 4 of 25 September 20, 2008 Public Hearing Item VI -C 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. 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 runoutzones,. 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 run-up shall be required to the extent feasible and prudent. Consistent: 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. Case 03-018/Staff Report Page 5 of 25 September 20,.2008' Public Hearing Item VI -C 5. 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. COMPREHENSIVE PLAN REVIEW Population 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. 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. Zoning 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. Case 03-0I8/Staff Report Page 6 of 25 September 20, 2008 Public Hearing Rem VI -C 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 keepin 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 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 arc 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 + 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. Case 03-018/Staff Report Page 7 of 25 September 20, 2008 Public Hearing Item VI -C 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. 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: • 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. Case 03-018/Staff Report Page 8 of 25 September 20, 2008 Public Hearing ltem.V1-C ❖ 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: 4. 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. 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 jpbs 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 activities are 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. Case 03-018/Staff Report Page 9 of 25 September 20,, 2008 Public Hearing Item VI -C 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 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. Sport 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 important 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: d• Help monitor tourism development efforts to minimize adverse impacts on local communities. Goal: Diversify the overall economy of Kodiak Region. Policies: + Assist in the economic development of the outlying communities of Kodiak Island in cooperation with city governments, Tribal Council, Case 03-018/Staff Report Page 19 of 25 September 20, 2008 Public Hearing Item VI -C 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. 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 KII3A 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 cbmmunity 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 concem 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. Case 03.018/Staff Report Page 11 of 25 September 20, 2008 Public Hearing Item Vt-C 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. Once residential properties are designated for non-residential purposes (and lodging (except for bed & 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. Case 03-018/Staff Report Page 12 of 25 September 20, 2008 Public Hearing Item Vt-C 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 outlyingcommunity 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. 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: Improve facilities for water transport of passengers and freight. Case 03-018/Staff Report Page 13 of 25 September 20, 2008 Policies: Public Hearing Item VI -C ❖ 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. 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 eastem 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 Case 03-018/Stats Report Page 14 of 25 September 20, 2008 Public Hearing Item VI -C similar to what was required for the Chiniak Winery rezone to ensure that onsite systems meet applicable ADEC standards before allowing any zoningchange to become effective. Goal: Provide reliable water supplies and sewage treatment systems. Policies: ❖ 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. + 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. 4 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 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: ❖ 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. Case 03.018/Staff Report Page 15 of 25 September 20; 2008 Public Hearing Item V1 -C ❖ Support efforts or programs to remove metal waste and other large or hazardous waste products from local communities, particularly those off the road system. ❖ Support local community 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-electricpower 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 Case 03.018/Staff Report Page 16 of 25 September 20, 2008 Public Hearing Item Vl-C 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. 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: 4. 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: C. 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. S• Continue to support efforts of KANA and the Kodiak Island Hospital to provide health care and related services for seniors throughout the Borough. Case 03-018/Staff Report Page 17 of 25 September 20, 2008 Public Hearing Item VI -C Implementation Actions: ❖ 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: ❖ Support acquisition of easements, land or other methods for accessing recreational lands and resources. Case 03-018/Staff Report Page 18 of 25 September 20, 2008 Public Hearing Item VI -C Implementation Actions: ❖ 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. ❖ 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 qua experience in Kodiak for both residents and visitors. Policies: to e recreation + Support the development of recreational facilities in village communities and other designated areas within the KIB; 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 and 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 KIB. ❖ 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 Ouality 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 outfaUs; 2) failing on-site septic systems located close to tidewater; 3) fish processing and waste disposal; and 4) non -point pollution sources. Case 03-018/Staff Report Page 19 of 25 September 20, 2008 Public Hearing Item VI -C 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 land 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 arca 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 excerpt attached to Case 03-011 and placed in/ile for this case. GENERAL COMMENTS The petitioner has requested a rezone of Larsen Bay Townsite Subdivision, Tract A, Block 16, Lot 10, to be rezoned from R1 -Single-family Residential to B -Business. The property owner indicates that a combination residential and lodge use is established on the lot although the site still appears to be largely residential in nature. Case 03-018/Staff Report Page 20 of 25 September 20, 2008 Public Hearing Item VI -C The I3 -Business zone was determined to be the only commercial 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 COMPREHP NSIVE PLAN: The 2008 KIB Regional Comprehensive Plan Update designates Lot 10 as Commercial. A change of zoning to B -Business appears to be consistent with this designation. The fact that only three lots in this area were designated for commercial use, and not others in the area which are designated Residential, raises some question about the methodology that went into creating the plan map. It is not uncommon for plan maps to be based primarily on public input, reflecting the wishes of individual property owners involved in the planning process. For this reason it is always best to adopt a generalized approach that will reconcile the plan map with other goals and objectives stated in the plan and to reconcile the existing community development context in each case. ZONING/USE: The lots in this area are currently zoned R1 -Single-family Residential. The proposed rezone would make Lot 10 zoned to 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. The Commission should look at closely at the permitted uses to see whether there are any potential uses allowed which might create a conflict for the surrounding area, which is predominantly zoned R1 -Single-family Residential. Although the B -Business zone has been applied in Womens Bay, it is mostly a zone that is applied in areas served by a municipal or community water and sewer system. The zone has no minimum lot size or lot width so that off-street parking and building height restrictions are often the limiting factors to development in the B -Business zone. Lot 10 is served by a municipal water system but relies on an on-site wastewater system subject to ADEC regulation for commercial uses and structures. 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. This kind of review will occur only if a recommendation for zoning change is approved with an effective clause that would trigger the zoning change upon successful application for zoning compliance review. Case 03-018/Staff Report Page 21 of 25 September 20, 2008 Public Hearing Item VI -C Staff notes that there are reduced off-street parking requirements in the villages for both residential and 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 be required 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. LAND SUITABILITY: 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 and an on-site septic system, electrical and telephone utilities. The lot is about one acre in size and has adequate lot width to allow a full range of development allowed in the B -Business zone. RECENT DEVELOPMENT TRENDS IN THE AREA: 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 acquests 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 Case 03-ON/Staff Report Page 22 of 25 September 20, 2008 Public Hearing Item VI -C physical limitations of the infrastructure, city staff turnover may have affected the city's continuity of operations andits ability to consistently administer the utility systems upon which the city relies. In order to research this issue further staff obtained a RUBA Assessment 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 current state economic and financial guidelines. Currently the city is working to address the deficiencies noted in the RUBA Assessment 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. TRAFFIC IMPACTS: 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. It should be noted that lodges or commercial uses in this general area close to the small boat harbor do not generate a great deal of traffic through the residential areas more central to the community. RECOMMENDATION Staff recommends that a rezone of Lot 10 from R1 -Single-family Residential to B -Business be DENIED. The site appears to be largely residential in nature and it would increase the potential drain on community infrastructure to rezone this site to B -Business. Until such time as the community infrastructure system is deemed sustainable, the petitioner has other potential options to continue operating as a Bed & Breakfast use by obtaining a Conditional Use Permit in the R1 - Single -family Residential zoning district. APPROPRIATE MOTION Should the Commission agree with the staff recommendations, the appropriate motions are: Move to recommend that the Kodiak Island iBorough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 16, Lots 10; from R1 -Single-family Residential to B -Business. Case 03-018/Staff Report Page 23 of 25 September 20, 2008 Public Hearing Item VI -C The preceding motion should be denied and the following motion adopted: Move to adopt the "Findings of Fact" in the staff report dated September 10, 2008 in support of this recommendation. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The purpose of the rezone request is intended to create commercial zoning districts to accommodate existing lodge uses and structures located near the western of the Larsen Bay Subdivision, near the small boat harbor. The petitioners have indicated that the rezone is needed as the only feasible way for them to move into zoning compliance status. Stats analysis indicates that the nature and scale of the current use appears to be more residential than commercial at this point in time and that a rezone to B -Business will create additional commercial development potential that may require additional resources from the city's limited infrastructure system.. Staff analysis indicates that the scale of use on this property may be able to be made conforming in the RI zoning district by converting to a Bed & Breakfast use. This request has been held in abeyance for five or more years awaiting an update to the KIB Regional Comprehensive Plan and it is now time to make these long awaited decisions in order to restore and maintain the balance between residential and commercial uses in the Larsen Bay community. Because the community leadership capacity has diminished in recent years due to the turnover of leadership and administrative staff, the recommendations in this case are limited to those lots where existing lodge use and structures are established in order to maintain the status quo level of both commercial benefits to the community and related community impacts associated with lodge uses. The .current RUBA Assessment Report and associated utility rate study, in conjunction with the most recent resolution adopted by the Larsen Bay City Council indicate a need for change to occur in the community leadership and administration in order to re-establish continuity of government operations and restore community sustainability before more commercial development potential is considered for the Larsen Bay Community. Case 03-018/Staff Report Page 24 of 25 September 20, 2008 Public Hearing Item VI -C 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The recommendation to deny this request is one based upon conditions in the community that are expected to change in community and while the recommendation at present is for denial, it must be stated that the future land use designation for this area is to become Commercial at some point in the future when the community is better able to support on a sustainable basis further commercial development. A recommendation for denial of the requested rezone at this time does not have an effect positively or negatively on the comprehensive plan goals and objectives, except to say that now is not the time for such a change to occur. Case 03-018/StaffReport Page 25 of 25 September 20, 2008 LARSEN BAY POPULATION 1982 t0 2007 250 200 150 100 50 0 POPULATION • • • • llllllllll 19821983198419851986198719881989199019911992199319941995199619971998199920002001200220032004200520062007 -4-POPULATION Case Number 03-011 03-011 03-011 03-016 03-018 08421 Legal fb.kr'ption Larsen BayTowo ,TYaCi A,BIork 1, Lots i-3 Larsen Bay Tawnsite,Tact A. Block 2, Lots 2,3&4 Larsen Bay Townsite,Tact A, Blot 3,taa1 and2 - Larsen Bay TNwnsite,TrattA, Block 19,iot4 Larsen Bay Towmsite,Tract A. Block 16, Lot JD Larsen Bay TOwnslte, Tact A. Mock 16,1ot12 jttrslness Name Larsen Bay Lodge Comptes Vacant Uyak Say Ledge Fmtali Lodge Bayside Inn Kodiak Lodge RCaJslentgtikx Michael and Usa Carlson Joel Wattum- Lots 2&3: TammyHeims Lot4 Joel Watton Ion Peterson James Hamaton Donk. MasGsrnedt Web Address Y"2`A 4 b 1 tl vAIII NA vnvw.uyakbaylodge.com xemskffinknetllOnReterSOn NA YOtOk kodlaklOdte.c0n1 Taxes& Licenses Payment of Bed Tax (to the city of LB) Unknown NA Unknown Unknown Unnkown Unknown Borough Land Assessed Value (Ty2007) Lott -$14000 lot 2410,000 Lot 3•$33,600 Lot 2-$20,000 Lot 3-$3,800 Lot 4-630,000 Lot 1-$10,000 Lot 2 -$4,800 Lot 4-$5,300 Lot 10-$6,300 Lot 12-$10,000 Borough Building Assessed Value (T(2007) Lott -5188,300 - Lot 2 • $0.00 (Vacant) Lot 3-5148,600 Lot 2-$0.00(Vaant) Lot 3- 60.00 (Vacant) Lot 4- 50.00 (Vacant) Lot 1 4208,200 Lot 2-$0.00 (Vacant) Lot 4-$72,600 Let 10 -633,600 Lot 12 .5106,400 City Sales Tax? Unknown NA Unknown Unknown Unknown Unknown Grandfathered Snvcture(1)oruse2 Mabe INA Na NO No No Zoning Compliance? N0 NA No Unknown No No Original Building Design Category (Lodge, B&B, SFR) Residential and Loge None lodge SingfPfamitV Residentai Lodge lodge Provide Hunring Services? _ Yes NA Yes No Unknown No (Coordination 004 Provide Fishing Servites? Yes NA Yes Yes. Yes Yes Provide Other Services 7 Yes NA Yes No Unknown Yes Lodging or Rooming Capacity staff/management/guides) 31 Guests (plus staff) Approx. 18 guest rooms total - 11 Guest Rooms (Est. 22 guests Mat per website) Petitioner Indicates reduction in guest rooms due to changing floor plan and currently Operating at 16 guests Max. and 3 staff. 4guests (Bunkhouse) 12 couples or 12 individuals (Est. 22 guests Max. per website) _ ((Excluding flowen4cn _ Served by City Water and Sewer? 'Yes NA Yes Oty rrDis On-site Wastewater Disposal Wastewater GryWater Only; On-site Wastewater Disposal Water Only; On-site Wastewater WasteDisposal Water and Sewer Rate NA - Served by GK Power Yes NA Yes Yes - Yes Yes Elm -teal Power Rate NA Served by CityGarbage Yes NA Yes Yes Yes Yes Ahska BusMessllcense Yes NA yes Unknown Unknown Yes Business License Number 727508 Larsen Bay Adventures, LLC; 403098 Larsen Bay Adventures; 208639 Larson Bay Lodge INC 907797 Uyak Bay LLC 705446 Jon A. Peterson Guide Service 165434 Bay Side inn 196816 Bayside Inn 428846 Bayside Inn 240388Kodiak Lodge at Larsen Bay LTD Ore Marshal Review Unknown NA Unknown Unknown ' Unknown Unknown F1m Marshal Permit No. 'Unknown NA Unknown Unknown Unknown Unknown _. .. A,PMOO Reavbments Zoning compliance Permit N0 NA No No No . N0 Borough Tax Paid 112007 Parcel Size Building Height Varies, Unknown NA Unknown Varies, Unknown Varies, Unknown Unknown As-Bullt Survey No NA Yes - - No - No GGgGMN BM[Hb . Owner tie in Larsen Say? Unknown NA Unknown Unknown Unknown No Lodging Use Hire Local Employees? unknown NA Unknown Unknowm unknown Unknown ,{amerebensive Plan Issues - Comprehenslve Mao Deslgnatlon Mixed CommerclaftWaterfmm/Residentlat Lots 2 and 3 -Commercial: Lan 4, Residential Residential Commercial Commercial Commercial CITY OF LARSEN BAY PO BOX 8 • LARSEN BAY, ALASKA • 99624 PHONE: 907-847.2211 • PAX: 907-847-2239 E-MAIL: CITYOFLARSENBAY@AOL.COM RESOLUTION NG 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 of 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 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 reday of /%ei h v 1tGtrLI )flO . "SIGNED: OW /1>an-CFiyn-a; (Mayor) Al £EST: A Secretary Treasure) 9j&9T @ff DEPARTMENT OF NATURAL RESOURCES DIVISION OF PARKS & 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 Site" 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 opportlmity 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 modem 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." t Duane Dvorak Subject: FW: Larsen Bay Comp Plan From: Allen Walburn [mailto:awalburnl@comcast.net] Sent: Wednesday, February 13, 2008 11:91 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 1 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. ® ❑ 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. 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 rs 0 El O El O 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. O El 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. ® 0 An accounts payable system is in place. O The payroll system correctly calculates payroll and keeps records. ® 0 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 O A chart of accounts is used that identifies categories in a reasonable, usable manner. ❑ El Monthly bank reconciliations have been completed for all utility accounts. O 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. r ►Z/ CI 3 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 0 0 NA 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 thereare 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 ❑ The utility has a posted workers compensation insurance policy in effect. Sustainable Indicators 0 El 0 El El El El 0 El ® ❑ 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 ® ❑ El N El 0 El El ® ❑ ❑ 11 The entity that owns the utility is known and the entity that will operate the utility is set. The policy making body is active in policy making of the utility. The policy making body enforces utility policy. The utility has an adequately trained manager. 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 ❑ ® The utility has adopted an organizational chart ® 9 The policy making body meets as required. ►/ 9 The utility complies with the open meeting act that reflects the current structure. 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). ❑ ® The utility maintains an inventory control list. ❑ ® The utility maintains a critical spare parts list. 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 Page 7 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 RUGA program staff. • The City should make it a priority to hire a new City Clerk to perform 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 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. If 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 Bay 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 a place of great beaut y, 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 living 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 the 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 .. ,Kodiaklsland 80n,memUUpdH Chapter Eleven ,, Local Communities 1 1 0 rnrc Kodiak Island Borough - Larsen Bay: Proposed Future Land Use 0 Conservation Commercial Kodiaklsland B OAR OPt JG H, aim IndusldaWLight Industrial Mixed Commercial/ Waterfront! Residential Ci Residential • Public Use Source: Kodiak Island & tough GIS, Y006 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.13 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 (R -1J Current zoning designations are shown on Figure 113. 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 Kariuk River Drainage, including both the surface and sub -surface estates. The federal government 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 e; January. 2008 Kodiaklsland B O isOpUGaHw Chapter Eleven eit Local Communities Economic Development The 2000 LI. 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 (Le., 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)s 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 grovel airship 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 the 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 Oaf Local Communities BOROUGH Comprehensive Plan Update Page 23 .i January. 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 but must go to Kodiak for their healthcare needs. The community hos one Village Public Safety Officer, as well as a volunteer fire department and some fire -fighting equipment, including one truck and one frailer that can be pulled behind a snow machine. Ernergency response is provided through the five -member Ernergency 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 Duality The tical 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 concerns 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. Kodiaklsl n 1111=1/1= oolGH 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 Lorsen Bay Community Plan prepared through the Rural Leadership Forum process. Land Use Goal: Enhance flexibility of land use regulations. Policies A Address concerns about the social impacts of some lodges located within neighborhoods: s 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 ferry 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 4.S local Communities Kodiaklsland BOROUGH Page 25 v5 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. B. Develop and implement Community Road Plan. 9. Continue current village erosion control projects. * In conjunction with infrastructure development, develop a Community HaII/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. A 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 thatareconsistent with and supports the Community vision. Page 26 A January, 2008 BKodiaklsland C6mpr hons�PUr llUppd te 4, 1 Economy Goal: Retain residents. Policy A Improve economic opportunities in Larsen Bay. Implementation Actions * Increase Goverment 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 Kaduk River management and partnership with the village of Karluk. * Establish a viable Community Fishing Quota program initially for Halibut and Sabletish. * 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: I. Continuing education 2. Charter school in Larsen Bay 3. Fishing School 4. Other similar options. Chapter Eleven A Local Communities Kodiaklsland BO„R At GH Page 27 j3 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 A Work together with Fish and Game to enhance and maintain Larsen Bay area fisheries. 1 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 Kodiaklsland Wildlife Refuge. * Perform review of status of Village Safewatet 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. Page 28 w3 January, 2008 Kodiaklsland BOROUGH Comprehensive Plan update Chapter Eleven ., local Communities 4 • * 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. ,Aneherege: 766.111 Chapter Eleven FA local Communities (K(�odiaklsland FompOrehRO UGdH Page 29 bill January. 2008 NOTE TO READER: ITEMS THAT HAVE A INDICATES EXISTING CODE LANGUAGE THAT IS_PROPOSED TO BE DELETFD UNDERLINED,$LANGUAGEAflAGE__— 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 groupof 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 defmition of family. This use is usually associated with i 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: L "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 rentsand 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. • 10.40 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 than15 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 R3 - Multiple Family Residential District P P P B - Business District P P 1— Industrial District PL - Public Lands District UNC - Urban Neighborhood Commercial District P P SRO - Single Resident Occupancy Standards 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The recommendation to deny this request is one based upon conditions in the community that are expected to change in community and while the recommendation at present is for denial, it must be stated that the future land use designation for this area is to become Commercial at some point in the future when the community is better able to support on a sustainable basis further commercial development. A recommendation for denial of the requested rezone at this time does not have an effect positively or negatively on the comprehensive plan goals and objectives, except to say that now is not the time for such a change to occur. The question was called and it CARRIED 4-0. VICE CHAIR WATKINS called a 5 minute recess. The meeting reconvened at 1:55. C. Case 03-018, Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), 'of Larsen Bay Subdivision, Tract A; Block 16, Lot 10, from Rl Single Family Residential to B - Business. The applicant is James Hamilton. The location is 1210 First Street, Larsen Bay, and the zoning is R1 -Single Family Residential. Dvorak gave a staff report. COMMISSIONER JANZ MOVED to postpone case 03-018 until the regular meeting on October 15, 2008. The motion was SECONDED by COMMISSIONER JUENGER. VICE CHAIR WATKINS stated that it takes 4 voting members to decide any issues and WATKINS won't vote because he is too close to the Hamilton family and he has been involved with this property in the past. Patty Livingston stated Mr. Hamilton spoke in support of this request. Commission discussion. The question was called and it FAILED 4-0. COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 16, Lots 10; from R1 -Single Family Residential to B -Business. The motion was SECONDED by COMMISSIONER KERSCH. Close regular meeting: Open public hearing: Teresa Carson spoke in opposition to this request. Close public hearing: Open regular meeting: COMMISSIONER JANZ MOVED to wait until the regular meeting of October 15, 2008 to vote upon Case 03-018 so that we will have a quorum of voting commissioners. The motion was SECONDED. The question was called and it CARRIED 4-0. D. Case 08-021. Request a rezone, in accordance with KIBC 17.72.030.0 (Manner of Initiation), for Larsen Bay Townsite, Tract A, Block 16, Lot 12 from R1 -Single Family Kodiak Island Borough P8Z Guidelines September 20, 2008 Page 7 of 10 200&09-251029 CITY OF LARSEN BAY 9078472299» KIa P2/15 CTTY OF LARSF.N BAY PO Box 8 Larsen Bay, Alaska 99624 Phone :907-847-2211 Fax: 907-847-2239 E -Mail city of larsenbav sr: 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 permission; and, constructed without regard to the City of Larsen Bay's input or 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 in Larsen Bay until these issues arc solved and that the boroughs Planning and Zoning commission meet the Larsen Bay at their earliest convenience. PASSED AND APPROVED by a duly constituted quorum of the City of Larsen Bay. This r9. ? -0%-- day of v \tel ?5t SIGNED: (-- ATTEST: AYOR) ao& James Hamilton, Jr. 1435 H Street Anchorage, AK 99501 Kodiak Island Borough Community_ Development Department. 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kib.co.kodialc.ak.us September 21, 2008 Re: Case 03-018 Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Townsite Subdivision, Tract A, Block 16, Lot 10, from R1 - Single Family Residential to B -Business. Dear Mr. Hamilton: 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: • Postponed a decision on the above case until the October 15, 2008 meeting due to the lack of quorum to take action. This meeting will be held in Kodiak at the Borough Conference room starting at 7:30 P.M. Should you have any questions about the procedure, please call the Community Development Department at 486-9363. Sincerely, Bud Cassidy, Direct Community Development Department Current Locati. P & Z Case # 03-018 Hamilton, James Request: A rezone, in acco .: ce with KIBC 17.72.030. C (Manner of Initiation), for Larsen Bay Townsite, Tract lil A,_. Block 16, Lot 10, from R-1 Single Family Residential to B - Business. Feet 0 1,000 2,000 1 1 Legend Subject Parcel Tr A Bk 16 Lt 10 Parcels Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to-date. Kodiak Island Borough Community Development Department. Current Zoning Request: Rezone from R-1 SFR to B -Business Larsen Bay Rezone Requests Eighteen (18) total parcels Agent: Multilple 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 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 # 03-018 Hamilton, James Request: A rezone, in ac u.nce with KIBC 17.72.030 C.: (Manner of Initiation) for Larsen Bay Townsite Tract A Block 16 Lot 10 from R1- Single Family Residential to B - Business. Legend Tract A Block 16 Lot 10 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. DATE: TO: FROM: SUBJECT: CASE: APPLICANT: REQUEST: LOCATION: ZONING: Public Hearing Item VI -C MEMORANDUM September 10, 2008 Planning and Zoning Commission Community Development Department Information for the Sept. 20, 2008 Regular Meeting 03-018 James Hamilton A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A; Block 16, Lots 10, from R1 -Single- family Residential to B -Business 1210 First Street R1 -Single-family Residential Fifteen (15) 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: Tract A, Block 16, Lot 10 3. Existing Land Use: Lot 1, Block 1 4. Surrounding Land Use and Zoning: North: Tract A, Blk Use: Zoning: South: Case 03-018/Staff Report Tract A, Blk Use: Zoning: 16, Lot 19A Public Reserve Vacant 8 acres R1 -Single-family Residential 19, Lot 4 Vacant R 1 -Single-family Residential 45,794 Sq. Ft. Lodge/Residential Page 1 of 25 September 20, 2008 East: West: Tract A, Blk Use: Zoning: Tract A, Blk Use: Zoning: Tract A, Blk Use: Zoning: 5. Comprehensive Plan: 6. Applicable Regulations: Public Hearing Item VI -C 19, Lot 5 Vacant R1 -Single-family Residential 16, Lot 19A Public Reserve Vacant 8 acres R1 -Single-family Residential 16, Lot 11 Single-family Residential R1 -Single-family Residential The 2008 Kodiak Island Borough Comprehensive Plan Update designates this lot for Commercial use with Residential use designated on the adjoining lots in the same block. 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); 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. 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 Case 03-018/Staff Report Page 2 of 25 September 20, 2008 Public Hearing Item VI -C 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: 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 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. Case 03-018/Staff Report Page 3 of 25 September 20, 2008 Public Hearing Item VI -C 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 lots 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. 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. Case 03-018/Staff Report Page 4 of 25 September 20, 2008 C Public Hearing Item VI -C 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. 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 run-up shall be required to the extent feasible and prudent. Consistent: 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. Case 03-018/Staff Report Page 5 of 25 September 20, 2008 Public Hearing Item VI -C 5. 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. COMPREHENSIVE PLAN REVIEW Population According to the January 2008 K113 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. 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. Zoning 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. Case 03-0I8/Staff Report Page 6 of 25 September 20, 2008 Public Hearing Item VI -C 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 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; 4• 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 ❖ 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. Case 03-018/Staff Report Page 7 of 25 September 20, 2008 Public Hearing Item VI -C 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 conflict 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. 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: + 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. Case 03-018/Staff Report Page 8 of 25 September 20, 2008 Public Hearing Item VI -C ❖ 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. 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 activities are 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. Case 03-018/Staff Report Page 9 of 25 September 20, 2008 Public Hearing Item VI -C 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 attractingvisitors, 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 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. Sport 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 important 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: Help monitor tourism development efforts to minimize adverse impacts on local communities. Goal: Diversify the overall economy of Kodiak Region. Policies: ❖ Assist in the economic development of the outlying communities of Kodiak Island in cooperation with city governments, Tribal Council, Case 03-018/Staff Report Page 10 of 25 September 20, 2008 Public Hearing Item Vl-C Koniag, KANA and others, and consistent with local community goals identified in this plan and other planning efforts. 49 Encourage and facilitate small business development on Kodiak Island. 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. Case 03.018/Staff Report Page 11 of 25 September 20, 2008 Public Hearing Item VI -C 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. Once residential properties are designated for non-residential purposes (and lodging (except for bed & 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. Case 03-018/Staff Report Page 12 of 25 September 20, 2008 Public Hearing Item VI -C 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. 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: 4. 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: Improve facilities for water transport of passengers and freight. Case 03-018/Staff Report Page 13 of 25 September 20, 2008 Policies: Public Hearing Item Vl-C ❖ 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. 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 concems 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 Case 03-018/Staff Report Page 14 of 25 September 20, 2008 Public Hearing Item VI -C 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. Goal: Provide reliable water supplies and sewage treatment systems. Policies: ❖ 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. ❖ 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. 4• 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: ❖ 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 optionaldisposal procedures for marine wastes. ❖ Explore and promote additional economically sustainable opportunities for recycling and waste reduction. Case 03-018/Staff Report Page 15 of 25 September 20, 2008 Public Hearing Item VI -C ❖ Support efforts or programs to remove metal waste and other large or hazardous waste products from local communities, particularly those off the road system. ❖ Support local community 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 Case 03-018/Staff Report Page 16 of 25 September 20, 2008 Public Hearing Item V I -C 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. 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). •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. Case 03-0L8/Staff Report Page 17 of 25 September 20, 2008 Public Hearing Item V1 -C Implementation Actions: ❖ 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: ❖ Support acquisition of easements, land or other methods for accessing recreational lands and resources. Case 03-018/Staff Report Page 18 of 25 September 20, 2008 Public Hearing Item VI -C Implementation Actions: ❖ 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. ❖ 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 KIB; 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. Chapter 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 03-018/Staff Report Page 19 of 25 September 20, 2008 j ! Public Hearing Item VI -C Of particular concem 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 land 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 excerpt attached to Case 03-011 and placed in file for this case. GENERAL COMMENTS The petitioner has requested a rezone of Larsen Bay Townsite Subdivision, Tract A, Block 16, Lot 10, to be rezoned from Al -Single-family Residential to B -Business. The property owner indicates that a combination residential and lodge use is established on the lot although the site still appears to be largely residential in nature. Case 03-018/Staff Report Page 20 of 25 September 20, 2008 Public Hearing Item Vl-C The B -Business zone was determined to be the only commercial 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 Lot 10 as Commercial. A change of zoning to B -Business appears to be consistent with this designation. The fact that only three lots in this area were designated for commercial use, and not others in the area which are designated Residential, raises some question about the methodology that went into creating the plan map. It is not uncommon for plan maps to be based primarily on public input, reflecting the wishes of individual property owners involved in the planning process. For this reason it is always best to adopt a generalized approach that will reconcile the plan map with other goals and objectives stated in the plan and to reconcile the existing community development context in each case. ZONING/USE: The lots in this area are currently zoned R1 -Single-family Residential. The proposed rezone would make Lot 10 zoned to 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. The Commission should look at closely at the permitted uses to see whether there are any potential uses allowed which might create a conflict for the surrounding area, which is predominantly zoned RI -Single-family Residential. Although the B -Business zone has been applied in Womens Bay, it is mostly a zone that is applied in areas served by a municipal or community water and sewer system. The zone has no minimum lot size or lot width so that off-street parking and building height restrictions are often the limiting factors to development in the B -Business zone. Lot 10 is served by a municipal water system but relies on an on-site wastewater system subject to ADEC regulation for commercial uses and structures. 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. This kind of review will occur only if a recommendation for zoning change is approved with an effective clause that would trigger the zoning change upon successful application for zoning compliance review. Case 03-018/Staff Report Page 21 of 25 September 20, 2008 Public Hearing Item VI -C Staff notes that there are reduced off-street parking requirements in the villages for both residential and 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 be required 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. LAND SUITABILITY: 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 and an on-site septic system, electrical and telephone utilities. The lot is about one acre in size and has adequate lot width to allow a full range of development allowed in the B -Business zone. RECENT DEVELOPMENT TRENDS IN TRF AREA: 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 bas been a great deal of turnover in the office of mayor and city office staff. In addition to the Case 03-018/Staff Repoli Page 22 of 25 September 20, 2008 f Public Hearing Item VI -C physical limitations of the infrastructure, city staff 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 Assessment 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 current state economic and financial guidelines. Currently the city is working to address the deficiencies noted in the RUBA Assessment 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. TRAFFIC IMPACTS: 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. It should be noted that lodges or commercial uses in this general area close to the small boat harbor do not generate a great deal of traffic through the residential areas more central to the community. RECOMMENDATION Staff recommends that a rezone of Lot 10 from R1 -Single-family Residential to B -Business be DENIED. The site appears to be largely residential in nature and it would increase the potential drain on community infrastructure to rezone this site to B -Business. Until such time as the community infrastructure system is deemed sustainable, the petitioner has other potential options to continue operating as a Bed & Breakfast use by obtaining a Conditional Use Permit in the RI - Single -family Residential zoning district. APPROPRIATE MOTION Should the Commission agree with the staff recommendations, the appropriate motions are: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 16, Lots 10; from R1 -Single-family Residential to B -Business. Case 03-018/Staff Report Page 23 of 25 September 20, 2008 Y Public Hearing Item VI -C The preceding motion should be denied and the following motion adopted: Move to adopt the "Findings of Fact" in the staff report dated September 10, 2008 in support of this recommendation. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The purpose of the rezone request is intended to create commercial zoning districts to accommodate existing lodge uses and structures located near the western of the Larsen Bay Subdivision, near the small boat harbor. The petitioners have indicated that the rezone is needed as the only feasible way for them to move into zoning compliance status. Staff analysis indicates that the nature and scale of the current use appears to be more residential than commercial at this point in time and that a rezone to B -Business will create additional commercial development potential that may require additional resources from the city's limited infrastructure system. Staff analysis indicates that the scale of use on this property may be able to be made conforming in the RI zoning district by converting to a Bed & Breakfast use. This request has been held in abeyance for five or more years awaiting an update to the KIB Regional Comprehensive Plan and it is now time to make these long awaited decisions in order to restore and maintain the balance between residential and commercial uses in the Larsen Bay community. Because the community leadership capacity has diminished in recent years due to the turnover of leadership and administrative staff, the recommendations in this case are limited to those lots where existing lodge use and structures are established in order to maintain the status quo level of both commercial benefits to the community and related community impacts associated with lodge uses. The current RUBA Assessment Report and associated utility rate study, in conjunction with the most recent resolution adopted by the Larsen Bay City Council indicate a need for change to occur in the community leadership and administration in order to re-establish continuity of government operations and restore community sustainability before more commercial development potential is considered for the Larsen Bay Community. Case 03-018/Staff Report Page 24 of 25 September 20, 2008 Public Hearing Item VI -C 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The recommendation to deny this request is one based upon conditions in the community that are expected to change in community and while the recommendation at present is for denial, it must be stated that the future land use designation for this area is to become Commercial at some point in the future when the community is better able to support on a sustainable basis further commercial development. A recommendation for denial of the requested rezone at this time does not have an effect positively or negatively on the comprehensive plan goals and objectives, except to say that now is not the time for such a change to occur. Case 03-018/Staff Report Page 25 of 25 September 20, 2008 LARSEN BAY POPULATION 1982 to 2007 250 200 150 100 50 0 POPULATION 4 • • • 1982 1983 19841985 1986 1987 1988 1989 1990 19911992 1993 1994 1995 1996 19971998 1999 20002001 20022003 2D04 2005 20052007 t POPULATION Case Number 03-011 03-011 03-011 03-016 03-018 08-021 Legal Description Larsen Bay Townsite, Tract A, Block 1, Lots 1-3 Larsen Bay Townsite, Tract A, BIOCk 2, Lots 2.3&4 Larsen Bay Townsite, Tract A, Block 3, Lots 1 and 2 Larsen Bay Townsite, Tract A, Block 19, Lot 4 Larsen BayTownsite, Tract A, Block 16, Lot 10 Larsen Bay Townsite, Tract A, Block 16,10212 &oMess Name . Larsen Bay Lodge Complex Vacant °yak Ray Lodge Fogel( Lodge Bayside inn Kodiak LOdge ptonne +�;o)Nr Mkhao end Lisa Carlson Joel Wattum- Lots 2 & 3; Tammy Hems laid Jon Peterson lames Hamlton Don I. Maschtnedt ,toetWattum Webb Addresr yrt ,(BDenbarladge cam NA v, fww4ryakbaylodge.COrr1 www Koh Detti etersan NA kOdtakl&dge_.com .Wytn Lpxea & Monsen Payment of Bed Tax Bo the city of LB) Unknown NA Unknown Unknown Unnkown Unknown Borough Land Assessed Value 1TY20071 Lott-510,000 Lot 2-510,000 Lot3-533,600 Lot2-$20,000 Lot 3-$3,800 Lott-$10,000 Lot4 -530,000 1012-54,800 Lot 4-51,300 Lot 10-56,300 Lot 12 -510,000 Borough Building Assessed Value (T52007) Lot 1.5188,300 Lot 2-50.00 (Vacant) Lot 3.5148,600 Lot 2- $0.00 (Vacant) Lot 3- $0.00 (Vacant) Lot 1.5208,200 Lot 4- 50.001 Vacant) Lot 2- 50.00 (Vacant) Lot 4-572,600 lot 10 -533,600 Lot 12•5106,400 City Sales Tax? Unknown NA Unknown Unknown Unknown Unknown kructure Grandfathered Structure(s) or use? Maybe NA Na No Na No Zoning Compliance? No NA No Unknown No No Original Building Design Category (Lodge, 8&B, SFR) Residential and Lodge None Lodge Single -family Residential Lodge Lodge Provide Hunting Services? Yes NA Yes No Unknown No (Coordination Only) Provide Fishing Services? Yes NA Yes Yes Yes Tey Provide Other Services? Yes NA Yes No Unknown Yes Lodging or Rooming Capacity (Excluding staff/management/guides) 31 Guests (plus staff) Approx. 18 guest rooms total 11 Guest Rooms (530.22 guests Max. per website) Petitioner Indicates reduction In guest rooms due to changing Boor plan and currently operating at 16 guests Max. and 3 staff, 4 guests( Bunkhouse) 12 couples or 32 Individuals 1552.22 guests Max. per website) pry SerWcn Served by City Water and Sewer? Yes NA Yes City Water Only; On-site Wastewater Disposal City Water Only; On-site Wastewater Disposal City Water Only; On-Site Wastewater Disposal Water and Sewer Rate NA Served by City Power Yes NA Yes Yes Yes Yen Electrical Power Rate NA Served by City Garbage Yes NA Yes Yes Yes Ten trate AemITtmnnb Alaska Business License Yes NA Yes Unknown Unknown Yes Business license Number 727108 Larsen Bay Adventures, LLC; 403098 Larsen BayAdventures; 208639 Larsen gay Lodge INC 901197 Uyak Bay LLC 705446 Jon A. Peterson Guide Service 165434 BaySde Inn 196816 Bayside inn 428846 Bayside Inn 240388 Kodiak Lodgeat Larsen Bay CTD Fire Marshal Review Unknown NA Unknown Unknown Unknown Unknown Fire Marshal Permit No. Unknown NA Unknown Unknown Unknown Unknown porosnh Repu(rptentn Zoning compliance Permit No NA No No No No Borough Tax Paid Tv2007 Parcel Size Building Height Varies, Unknown NA Unknown Varies, Unknown Varies, Unknown Unknown As-Built Survey No NA Yes No No CommuNry eeneeel Owner live In tarsen Bay 2 Unknown NA Unknown Unknown Unknown No Lodging Use Hire Local Employee? Unknown NA Unknown Unknown Unknown Unknown ceneka Plan rssues Comprehensive Plan Designation ComprehensivePianOesignatbn Mixed Commercai/WaterfmntlResiden0ai - tots 2 and 3 - Commerclat; tot 4, Residential Residential Commercial Commercial Commercial CITY OF LARSEN BAY PO BOX 8 • LARSEN BAY, ALASKA • 99624 PHONE: 907-847-2211 • PAX: 907-847-2239 E-MAIL: CITYOFLARSENBAY@AOL.COM RESOLUTION NO. 08-05 A RESOLUTION REQUESTING THE ICODIAK 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 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 VLEE DEPARTMENT OF NATURAL RESOURCES DIVISION OF PARKS & 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 7"' 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 Site" 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. 1 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 1 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." 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 (MB) 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 conununity 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 MB 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 1 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 • Organizntional 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. 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. The utility bas on band 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 ❑ ® 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. 111 ® 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 Z ❑ 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 ❑ ® ❑ • El ▪ ❑ NA 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 D 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 0 The entity that owns the utility is known and the entity that will operate the utility is set. The policy making body is active in policy making of the utility. The policy making body enforces utility policy. The utility has an adequately trained manager. 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 0 ® 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. E ® 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). ❑ ® The utility maintains an inventory control list. ❑ ® The utility maintains a critical spare parts list. 14 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 Page 7 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 perform 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: 1-9, 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 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 Bay 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 a 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 living in Larsen Bay, of whom 78% were of American Indian or Alaskan Native (Al/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 the following services: 4 Street and sidewalk maintenance, with assistance from the Tribal Council / Electricity 1 Water and sewer 4 Health services provided by KANA 4 Cemetery Page 20 J, January. 2006 Kodiaklsland BOROUGH Comprehensive Plan Update Chapter Eleven ri Local Communities Kodiak Island Borough - Larsen Bay: Proposed Future Land Use ,:. Conservation IndustriaLlLight Industrial = Commercial ! Mixed Commercial/ public Use Waterfront/ Residential MI Residential Kodiaklsland a=4,., BOROUGHt " Comprehensive Pian Update 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.13 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 (R-1) Current zoning designations are shown on Figure 113. A subsequent draft of this Plan will include a map of proposed future and 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 Karluk River Drainage, including both the surface and sub -surface estates. The federal government 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 d, January. 2008 BOROUGH Comprehensive Plan Update Chapter Eleven A 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.15 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 the 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 local Communities' Kodiaklsland BOROUGH Comprehensive Plan Update, Page 23 J, January. 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 but 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 truck 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.17 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 concerns 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. Page 24 di January. 2008 Kodiaklsland BOROUGH Comprehensive Plan Update Chapter Eleven J, 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 A 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 ferry 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 w -S Local Communities �Kodiakkls�land Comp honsl a Pion Update Page 25 :3 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, bam 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 Hall/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. A 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, Tnbal 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 ore consistent with and supports the Community vision. BORQ'UGa Comprehensive Plan Update Chapter Eleven J, local Communities Economy Goal: Retain residents. Policy A Improve economic opportunities in Larsen Bay. Implementation Actions * Increase Govemment 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 Kaduk River Area by enhancing the current Kaduk River management and partnership with the village of Kaduk. * Establish a viable Community Fishing Quota program initially for Halibut and Sabletlsh. * 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 Sewers .i Local Communities BORO iUGu Comprehensive Wan Update, Page 27 r3 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 leacher housing. * Explore funding sources to develop senior housing and related services. Environmental Quality Policies A Work together with Fish and Game to enhance and maintain Larsen Bay area fisheries. A 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 farrn and clean up of scrap metal. * Perform Community beautification in association with Community Togethemess 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. Page 28 vd, January. 2008 BBOROIUGH Camprshonsive Pian Update Chapter Eleven J, Local Communities * 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/Russion 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. old Harbor 1966.'h Chapter Eleven si local Communities BQOROUGH Comprehensive Plan Update Page 29 wd, January. 2008 • NOTE TO READER: ITEMS THAT HAVE A INDICATES EXISTING CODE LANGUAGE SIIATIS PROP_OSFD TO BE DELETED UNDERLINEIL LANGIIAGE_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 .913(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 (I) 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, i_ Ifthe proposed use complies with the criteria for exemption to the transient accommodation tax I (Section 3.30.040 of Title 3 of the KIB Code), then a certificate of exemption (Section 3.30.060 of Title 3 of the KIB 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 i RR - Rural Residential District P P I RRl - 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 S • 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 KIB Code), then a certificate of exemption (Section 3.30.060 of Title 3 of the KIB 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 Mr. James Hamilton 1435 H Street Anchorage, AK 99501 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 3, 2008 Re: Case 03-018. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 16, Lot 10 from R1 -Single Family Residential to B -Business. Dear Mr. Hamilton: 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 at 7:30 p.m. in the Kodiak Island 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 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C PUBLIC HEARING NOTICE A public hearing will be held on Saturday, September 20, 2008. The special 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: 03-018 James Hamilton A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 16, Lot 10 from R1 -Single Family Residential to B -Business East end of Larsen Bay Townsite Subdivision. 1210 First 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. 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: 15 PH t"1 ct- 3-o Current Location 1210 First Street, LB Agenda Item # VI B P & Z Case # 03-018 James Hamilton Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 16, Lot 10 from R1 -Single Family Residential to B -Business. 2 2 RST TRACT H 'L 92-203 Legend Subject Parcel Notification Area 0 295 590 Feet 1 1 1 1 1 s 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 infonnatlon: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. JAMES & MALLORY HAMILTON JR. 1435 H ST ANCHORAGE, AK 99501 KODIAK ISL HSG AUTH/ALPIAK 3137 MILL BAY RD KODIAK, AK 99615 ALASKA'S KODIAK ISLAND RESORT PO BOX 36 LARSEN BAY, AK 99624 CITY OF LARSEN BAY PO BOX 8 LARSEN BAY, AK 99624 KODIAK ISL HSG AUTH/FINCH 3137 MILL BAY RD KODIAK, AK 99615 LARSEN BAY PROPERTIES, LLC 941 POWELL AVE. SW, STE 150 RENTON, WA 98055 JIM HOUK 3823 E. 20TH JOPLIN, MO 64801 RICHARD NELSON ETAL 18050 SW SHAWNEE TRAIL TUALATIN, OR 97062 VALEN NORELL ETAL PO BOX 187 LARSEN BAY, AK 99624 STEPHEN OBRIEN KODIAK ISL HSG KODIAK ISL HSG AUTH/JONES PO BOX 2842 AUTH/KATELNIKOF 3137 MILL BAY RD KODIAK, AK 99615 3137 MILL BAY RD KODIAK, AK 99615 KODIAK, AK 99615 ALEX & MABLE PANAMAROFF JR P.O. BOX 6 LARSEN BAY, AK 99624 ELIZABETH & NEIL CHENEY 8976 HIGHWAY 1 ANGORA, MN 55703 KODIAK ISL HSG AUTH/FOSTER 3137 MILL BAY RD KODIAK, AK 99615 CITY OF LARSEN BAY PO BOX 8 • LARSEN BAY, ALASKA • 99624 PHONB: 907-847-2211 • FAX: 907.847.2239 E-MAIL: CITYOFLARSENBAY@AOI..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 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 'day of/ %� (•� v ,J ©1Tf :AOC'? SIGNED: ��.t." i... ,i._4 (Mayor) ATTEST: �-yw� (.X� A-1- — !(Secretary Treasure) COMMISSIONER WATKINS MOVED TO RECESS and reconvene at 9:00 a.m. COMMISSIONER HARRINGTON SECONDED the motion, and it CARRIED by unanimous voice vote. CHAIR KING reconvened the meeting at 9:05 a.m. D) Case 03-018. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 16, Lot 10 from R1 -Single Family Residential to B -Business. Dvorak gave a brief staff report stating staff is recommending postponement like the other cases to allow them to gather information. Regular session closed: Public hearing open: Mary Nelson stated there are 2 lodges by her residence, and there are lodges at both ends. She doesn't want to see it zoned Business. Patty Livingston said as long as it's on the opposite side of town and guns aren't around the school. There has to be gun safety. Sam Kenoyer said the issue isn't guns. The issue is you don't want to have a home where business interrupts your life. Bill Nelson, Mayor said there is a gun ordinance. Tim Carlson said the gun ordinance can't be enforced because it's a tribal ordinance, not a city ordinance. Bill Nelson, Mayor stated there isn't a shortage of water but the water treatment facility needs to be updated. Right now the water is treated with only chlorine without any filters. Dvorak stated R1 is the most restrictive zone, and set net is Commercial. Mary Nelson stated he has leased out the set net site the last 5 years. Patty Livingston stated Mr. Peterson's circumstances aren't allowing him to be in Larsen Bay right now. COMMISSIONER JANZ said if it's not being used as a lodge then it could stay residential. Mary Nelson said he has 2 rooms to rent out. Dvorak stated fishing gear isn't allowed in R1. To be grandfathered construction of buildings had to be built by June 5, 1980 and have prior documentation. He also told the commission they can make an alternate motion if that is their wish. Public hearing closed: Regular session opened: Discussion of R1 -Single Family Residential zoning. COMMISSIONER HARRINGTON MOVED TO POSTPONE action on Case 03-018 until a special meeting of the KIB Planning and Zoning Commission in late September and schedule the meeting at a later time. COMMISSIONER JANZ SECONDED the motion. The question was called on the motion, and it CARRIED 6-0. COMMISSIONER WATKINS abstained from voting. May 9, 2008 P & Z Commission Special Meeting Minutes Page 6 of 9 Mr. James Hamilton 1435 H Street Anchorage, AK 99501 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 16, 2008 Re: Case 03-018. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 16, Lot 10 from R1 -Single Family Residential to B -Business. Dear Mr. Hamilton: The Kodiak Island Borough Planning and Zoning Commission at their special meeting in Larsen Bay on May 9, 2008 postponed action on the case referenced above until a special meeting to be scheduled in late September. If you have any questions regarding the Commission's actions please contact the Community Development Department at 496-9363. Sincerely, 4etc2o, Sheila Smith Secretary Current Location P & Z Case # 03-012 Blondin, Sarah & Brian Request: A rezone, in acco • . ce with KIBC 17.72.030. C (Manner of Initiation), for Larsen Bay Townsite, Tract A, Block 7, Lot 4. & Block 8, Lots 3, 4, & 5 from R-1 Single Family Residential to B - Business. .cd Feet 0 1,000 2,000 I I I Legend Subject Parcels, Tr A Bk 7 Lt 4. & Bk 8 Lts 3, 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. Current Zoning Larsen Bay Rezone Requests Agent: Multiple Request: Rezone from R-1 SFR to B - Businesss Seventeen (17) total parcels. Legend Subject Parcels, 17 Total Conservation Light Industrial JPublic Use Single Family Residential Map prepared for the purpose of showing the Zoning of the Kodiak Urban area. June. 2005. Alaska Highway System, GPS centerline data. National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to-date. Kodiak Island Borough Community Development Department_ Photo(s) F P & Z Case # 03-012 Blondin, Sarah & Brian Request: A rezone, in acc. 1- ce with KIBC 17.72.030 C (Manner of Initiation) for Larsen Bay Townsite Tract A Block 7 Lot 4 & Block 8 Lots 3, 4, & 5 411 from R-1 Single Family Residential to B - Business. Legend Tr A Bk 7 Lt 4 & Bk 8 Lts 3, 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 O.O.T. SepL 2002 Contour information.USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to-date. Kodiak Island Borough Community Development Department. Public Hearing Item VI -B MEMORANDUM DATE: May 8, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the May 9, 2008 Special Meeting CASE: 03-012 APPLICANT: Sarah & Brian Blondin REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A; Block 7, Lot 4 and Block 8, Lots 3, 4, and 5 from R1 -Single-family Residential to B -Business LOCATION: East end of Larsen Bay Townsite Subdivision ZONING: R1 -Single-family Residential Thirty-four (34) public hearing notices were mailed on April 18, 2008. Date of site visit: August 2003, May 2008 LARSEN BAY REZONE UPDATE It was anticipated that a complete staff report could be presented in Larsen Bay for the May 9`" special meeting of the KIB Planning and Zoning Commission. Although it was not certain that the Commission would render a decision at this meeting, staff had hoped to present a fairly complete picture of the circumstance of each request to supplement whatever public hearing input was gathered at this meeting. Unfortunately, staff is lacking substantial information pertaining to the individual properties such as building locations, number of guest rooms, seasonal activitiy dates, etc., which are necessary to determine the relative impact of the use on the surrounding properties and the community as a whole. Staff is also anticipating additional information from the City of Larsen Bay regarding utilities and transient accommodation taxes which may also help to describe the level of activity relating to each lodge in Larsen Bay. While it was fully expected that this special meeting would also provide an opportunity for first hand investigation, by staff as well as by the Commissioners themselves, it was hoped that we would be further along with the analysis. The following paragraphs describes generally where the process is at this time. Staff has access to both the 1984 Larsen Bay Comprehensive 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 a wide range of goals and policies that address where the Larsen Bay community is today. The newer plan recognizes the existence of the 1984 plan Page 1 of 4 Public Hearing Item VI -B 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 fmally adopted goals and objectives can accommodate to the greatest extent possible the perceived needs of the public as well as the actual situations as they exist." Comprehensive, as defined by urban planning practice, has three specific meanings: (1) It means that the general plan should deal with all of the essential physical elements of the urban environment within the boundaries of the contiguous planning area; (2) it means that the general plan should take into account the development trends in the larger geographic setting within which every city and/or borough is situated; and (3) it means that the general plan should be consciously related to the social and economic forces that it proposes to accommodate and that are themselves bound to be affected by the scheme for physical development expressed in the plan. Comprehensive means that a general plan for physical development, to be a logical, reasonable, and useful plan, must recognize and define its relationships with the physical and nonphysical, local and regional, factors that will affect the physical growth and development of the community. The quality of comprehensiveness means that it must be recognized at every stage of plan preparation and plan use, that a plan for physical development is an expression of the social and economic objectives of the community as determined by the elected officials of the local governments. It should not be interpreted to mean that the Planning and Zoning Commission and staff in carrying out their planning responsibilities, also assume responsibility for social and economic planning. Page 2 of 4 Public Hearing Item VI -B 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 defmitive recommendation on the each case prior to this special meeting. Rather than present only half of the picture, based only on the plans and codes available to staff in Kodiak, staff is recommending that this opportunity to travel to Larsen Bay be used to the fullest to obtain the needed physical, social and economic information. Staff has provided an additional attachment with certain code information that is being considered in addition to the various planning documents. With regard to a formal recommendation, the comprehensive planning maps provide a general guide to achieving the stated goals and objectives in the plan. When the plan map indicates commercial, that could be the requested B -Business zone, or it could also be the RB -Retail Business, or the UNC -Urban Neighborhood Commercial zones. Where the plan map indicates mixed use, that could mean the preceding commercial zones or it could also mean the R1 -Single-family, R2 -Two-family or R3 - Multifamily zones, amongst other code options. Gathering the physical, social and economic information from the community will help to determine which zones present the most appropriate solution for the community. The additional attachment also contains information about various forms of transient accommodation. Although the term lodge is used fairly loosely to mean a transient accommodation serving a tourism related clientele, there are many other forms of transient accommodation permitted under the zoning code that may also provide for similar services in a scale consistent with the surrounding development context and community needs. This includes hotels, motels, bed and breakfasts, boarding houses, single -resident occupancies, etc., to name a few. In the final staff report, staff will try to reduce this information to a matrix for easier (and briefer) presentation purposes. Page 3 of 4 Public Hearing Item VI -B 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 03-012 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 03-018 08-021 08.022 'Lepl Description Larsen Bay Townsite, Tract A, Block 1, Lots ts 1-3 Larsen Bay Townsite, Tract A, Block 2, Lots 1, 1A and 2-4 Larsen Bay Townsite, Tract A, Block 3, Lots 1 and 2 Larsen Bay Townsite, Tract A, Block 7, Lot 4 and Block 8, lots 3,4 and 5 Larsen Bay Townsite, Tract A, Block 19, Lot 4 Larsen Bay Townsite, Tract A, Block 16, Lot 10 Larsen Bay Townsite, Tract A, Block 3, Lot 3 {I Larsen Bay Townies, Tract Block 16, Lot 1.2 1. is Larsen Bay Lodge Complex Vacant Uyak Bay lodge Kodiak Charters Lodge Unknown Unknown NA Kodiak Lodge Tows i 5/080085 Payment of Bed Tax (to the city of l8) Unknown NA Unknown Unknown Unknown Unnkown Unknown 1. Unknown ,s 1 Borough Land Assessed Value (182007) r Lot 1-510,000 Lott-510,000 Lot 3 -533,600 Lot 1- 53,800 Lot 1A - 55,200 Lott-520,000 Lott -$3,800 Lot 4 - 530,000 Lott -510,000 lot 2 - $4,800 Lot 3 - 53,500 Lot 4 -53,500 Lot5 -53,200 (87) lot 4 - 53,400 Lot 4. 55,300 Lot 10 - 66,300 Lot 3 - 53,800 Lot 12 - $10,000 Borough Building Assessed Value - (TY2007) 1011 -$183,300 Lot 2 - 50.00 (Vacant) Lot 3 -5148,600 Lot 1 - $0.00 (Vacant) Lot 1A - 50.00 (Vacant) Lott- 50.00 (Vacant) Lot 3 - $0.00 (Vacant) Lot 4 - 50.00 (Vacant) Lot 1- 5208,200 Lot 2 - 50.00 (Vacant) Lot 3 - 527,500 Lot 4- 50.00 (Vacant) Lot 5 - 50.00 (Vacant) (87) Lot 4 - 536,700 Lot 4. 572,600 Lot 10 - 533,600 - lot 3 - 50.00 (Vacant) lot 12 -5106,400 City Sales Tax? "Unknown NA Unknown Unknown Unknown Unknown Unknown Unknown R Grondf Grandfathered Structure(sl or use ? Maybe NA No No NO No NA Na Zoning Compliance ? ; No NA No Unknown Unknown No NA No Original Building Design Category(Lodge, ': BBB, SFR) 4 Residential and Lodge None Lodge Single -family Residential (one SFR on Lot 4, elk 7 and one SFR on Lot 3, Blk 8 Single -family Residential Lodge NA Lodge Provide Hunting Services? 'Yes NA Yes Unknown Unknown Unknown NA Unknown Provide Fishing Services? !Yes NA Yes Yes Unknown Unknown NA Unknown Provide Other Services 7 Unknown NA Unknown Unknown Unknown Unknown NA unknown =Man Served by City Water and Sewer? Yes NA Yes Yes City Water Only; Onsite Wastewater Disposal City Water Only; On-site Wastewater Disposal Yes Yes (Water only, septic system for onsite wastewater disposal) Water and Sewer Rate NA NA Served by City Power - Yes NA Yes Yes Yes Yes Yes Yes Electrical Power Rate NA NA Served by City Garbage : Yes NA Yes Yes Yes yes Yes Yes NA pate ReuWrmente Alaska Business License Yes NA Yes Yes Unknown Unknown NA Yes Business License Number 727508 Larsen Bay Adventures, LLC; 403098 Larsen Bay Adventures; 208639 Larsen Bay Lodge INC 907797 Uyak Bay LLC 727883 Kodiak Charters 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 Dorouah Rea firments Zoning compliance Permit No NA No No No No NA No Borough Tao Paid TY2007 Parcel Site Building Height Vanes, Unknown NA Unknown Unknown Unknown Unknown NA Unknown As-Built Survey No NA No No No No No Owner live in Larsen Bay? Unknown NA Unknown Unknown Unknown Unknown No No Lodging Use Hire Local Employees? Unknown NA Unknown Unknown Unknown Unknown NA Unknown Comarchenofve Man Issues Comprehensive Plan Designation Mixed Commercial/Waterfront/Residential Lots 1 and 1A- Residential; Lots 2 and 3 - Commercial; tot 4- Residential Residential Mixed Commercial/Waterfront/Residential Commercial Commercial Residential Commercial LARSEN BAY POPULATION 1982 to 2007 250 200 150 100 50 0 POPULATION 4 • • • 1982 1983 1984 1985 1986 1987 1988 1989 1990 19911992 1993 1994 1995 1996 1997 1998 1999 2C00 20012002 2003 2004 2005 2006 2007 --POPULATION KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -E 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: 03-012 APPLICANT: Sarah & Brian Blondin 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. LOCATION: 205 & 206 D Street, 208 E Street and 406 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 (#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. / ) /5J,�9 /4y /�r Waoc% z n /S6 Your rame:""9er Z. cc44rd MillingAddres: i.' s fha(I4, fS 6p [oO?Y Your property de`sccrlptlon: %4r- n &, / 8/ —r LOT Comments: / �r�1 / 1 J r, ,e.7 err Ct7udrJs reV4e51I7je (.iMrNi nll444-hpmemi r4 l anCjoy; it. lri.dre� Virau:•Isc aisAtS coder/� v.I,,e4eerrec1 elea+rk. SerVk , a`^d Sec+)te serutce be. ?rov;ci�ci 40 each (4 tvi4 rn -t e YY50n11+q re�u.4 4- t Rto R a Pp ro.ta.Q re., ;v -r $ -tete3o cc u.e 4 4 etS a. WL le le � IT. t —f.; cs- o-rc t ze.i°rer1 01...0.4.4.1o chows 4-j -gr. neer bts.4i .v e5S e.1:44-(De.1:44-(D(( ttt ; 5 h►. v,e' F �J •f'-'11 J.L.t.....„( (alf-'-- : [�� 4�, Q it: 119 Pale 1 cS 1 g1 8 COMMUNITY DEVELOPMENT DEPAR-MENT 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 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 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 'day of Pe, h -v ' c Y ,AOO SIGNED: 0.02o,..— / 4.411 c+ ryt` a @' YYor) ATTEST: (Secretary 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 i Mr. James Hamilton, Jr. 1435 H Street Anchorage, AK 99501 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 18, 2008 Re: Case 03-018. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 16, Lot 10 from R1 -Single Family Residential to B -Business. Dear Mr. Hamilton: 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, 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 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: APPLICANT: REQUEST: LOCATION: ZONING: 03-018 James Hamilton A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 16, Lot 10 from R1 -Single Family Residential to B - Business. 1210 First Street R 1 -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. 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: Malting Address: Your property description: Comments: 15 Ptifls �tnatled ti-(B-Og Current Location Agenda Item # VI G P & Z Case # 03-011 James Hamilton Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A. Block 16, Lot 10 from R1-Singl Family Residential to B -Business. VV E 0 245 490 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. 1 JAMES & MALLORY HAMILTON JR. 1435 H ST ANCHORAGE, AK 99501 KODIAK ISL HSG AUTH/ALPIAK 3137 MILL BAY RD KODIAK, AK 99615 ALASKA'S KODIAK ISLAND RESORT 1713 MISSION RD KODIAK, AK 99615 STEPHEN OBRIEN PO BOX 2842 KODIAK, AK 99615 ALEX & MABLE PANAMAROFF JR P.O. BOX 6 LARSEN BAY, AK 99624 CITY OF LARSEN BAY P.O. BOX 8 LARSEN BAY, AK 99624 KODIAK ISL HSG AUTH/FINCH 3137 MILL BAY RD KODIAK, AK 99615 LARSEN BAY PROPERTIES, LLC 941 POWELL AVE. SW, STE 150 RENTON, WA 98055 KODIAK ISL HSG AUTH/KATELNIKOF 3137 MILL BAY RD KODIAK, AK 99615 ELIZABETH & NEIL CHENEY 8976 HIGHWAY 1 ANGORA, MN 55703 JIM HOUK 3823 E. 20TH JOPLIN, MO 64801 RICHARD NELSON ETAL 18050 SW SHAWNEE TRAIL TUALATIN, OR 97062 VALEN NORELL ETAL PO BOX 187 LARSEN BAY, AK 99624 KODIAK ISL HSG AUTH/JONES 3137 MILL BAY RD KODIAK, AK 99615 KODIAK ISL HSG AUTH/FOSTER 3137 MILL BAY RD KODIAK, AK 99615 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 1 COMMISSIONER JUENGER MOVED TO POSTPONE action on Rezone Case 03-012 and reschedule it for a public hearing to be held on a later date. COMMISSIONER WATKINS SECONDED the motion. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: The question was called, and it CARRIED 6-0. F) 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. Cassidy reported this case if for a lodge on the west side of town. He stated he received a call from Mrs. Peterson requesting postponement. Staff recommends postponement also. COMMISSIONER WATKINS MOVED TO POSTPONE action on Rezone Case 03-016 and reschedule it for a public hearing on a date to be decided, and the hearing will be held at a location to be announced. COMMISSIONER JANZ SECONDED the motion. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: The question was called, and it CARRIED 6-0. G) Case 03-018. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 16, Lot 10 from R1 -Single Family Residential to B -Business. Cassidy reported this request is for a lodge on the west side of town. Staff recommends postponement of this case also. COMMISSIONER JANZ MOVED TO POSPTONE action on Rezone Case 03-018 and reschedule it for a public hearing on a date and place to be announced. The motion was SECONDED by COMMISSIONER JUENGER. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: The question was called, and it CARRIED 5-0. COMMISSIONER WATKINS abstained from voting. OLD BUSINESS There was no old business. NEW BUSINESS A) Commission Elections February 20, 2008 P & Z Commission Meeting Minutes Page 10 of 12 Mr. James Hamilton 1435 H Street Anchorage, AK 99501 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us February 25, 2008 Re: Case 03-018. Request for a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 16, Lot 10 from R1 -Single Family Residential to B -Business. Dear Mr. Hamilton: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on February 20, 2008 postponed action on the case until a later date and place to be announced. If you have any questions regarding the Commission's actions please contact the Community Development Department at 496-9363. Sincerely, cm( Sheila Smith Secretary Public Hearing Item VI -G MEMORANDUM DATE: February 13, 2008 TO: Planning and Zoning Commission FROM: Community Development Department/ SUBJECT: Information for the February 20, 2008 Regu ar Meeting CASE: 03-018 APPLICANT: James Hamilton REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A; Block 16, Lot 10 from R1 -Single-family Residential to B -Business LOCATION: 1207 First Street, Larsen Bay ZONING: R1 -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 03-018/Postponement Page 1 of 1 P & Z: February 20, 2008 Duane Dvorak Subject: FW: Larsen Bay Comp Plan From: Allen Walburn [mailto:awalburn1@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 1 CITY OF LARSEN BAY PO BOX 8 • LARSEN BAY, AI.ASKA • 99624 PHONE: 907-847-2211 • FAX: 907847-2239 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 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 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 /9i'day of /, j v J et. r y ,A003 SIGNED: 0020....-- / ryZL a or (M y ) A 1 1'EST: `~ !(Secretary Treasure) KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -G 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: APPLICANT: James Hamilton 03-018 REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 16, Lot 10 from R1 -Single Family Residential to B - Business. LOCATION: 1210 First Street 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 (#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: C't11 ANL Current Location Agenda Item # VI G P & Z Case # 03-011 James Hamilton Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 16, Lot 10 from R1 -Single Family Residential to B -Business. 2 FIRST CT H -203 W E 0 245 490 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. 0 JAMES & MALLORY HAMILTON JR. 1435 H ST ANCHORAGE, AK 99501 KODIAK ISL HSG AUTH/ALPIAK 3137 MILL BAY RD KODIAK, AK 99615 ALASKA'S KODIAK ISLAND RESORT 1713 MISSION RD KODIAK, AK 99615 STEPHEN OBRIEN PO BOX 2842 KODIAK, AK 99615 ALEX & MABLE PANAMAROFF JR P.O. BOX 6 LARSEN BAY, AK 99624 CITY OF LARSEN BAY P.O. BOX 8 LARSEN BAY, AK 99624 KODIAK ISL HSG AUTH/FINCH 3137 MILL BAY RD KODIAK, AK 99615 LARSEN BAY PROPERTIES, LLC 941 POWELL AVE. SW, STE 150 RENTON, WA 98055 KODIAK ISL HSG AUTH/KATELNIKOF 3137 MILL BAY RD KODIAK, AK 99615 ELIZABETH & NEIL CHENEY 8976 HIGHWAY 1 ANGORA, MN 55703 JIM HOUK 3823 E. 20TH JOPLIN, MO 64801 RICHARD NELSON ETAL 18050 SW SHAWNEE TRAIL TUALATIN, OR 97062 VALEN NORELL ETAL PO BOX 187 LARSEN BAY, AK 99624 KODIAK ISL HSG AUTH/JONES 3137 MILL BAY RD KODIAK, AK 99615 KODIAK ISL HSG AUTH/FOSTER 3137 MILL BAY RD KODIAK, AK 99615 James Hamilton 1435 H Street Anchorage, AK 99501 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 03-018. Request rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 16, Lot 10 from R1 -Single Family Residential to B -Business. Dear Mr. Hamilton: 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, (T iCal Sheila Smith, Secretary Community Development Department James Hamilton 1435 H. St. Anchorage, AK 99501 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 03-018. Request for a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 16, Lot 10 from R1 -Single Family Residential to B -Business. Dear Mr. Hamilton: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on August 20, 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, AI Director Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. D) Case 03-018. Request for a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 16, Lot 10 from R1 -Single Family Residential to B -Business. STAFF indicated ten (10) public hearing notices were mailed for this case with one (1) being returned supporting this request. Staff recommended postponement of this request. COMMISSIONER OSWALT MOVED TO postpone the rezoning of Larsen Bay, Tract A, Block 16, Lot 10 from R1 -Single Family Residential to B -Business until such time as the Planning & Zoning Commission has completed a review of the Larsen Bay Comprehensive Plan and made appropriate findings and recommendations related to same. The motion was SECONDED by COMMISSIONER KETSCHER. Regular session closed. Public hearing opened: Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. E) Case 03-017. Request for a conditional use permit, in accordance with KIBC 17.67, to allow the construction of an 18 foot by 100 foot addition to the southeast side of the existing warehouse. STAFF indicated that twenty-nine (29) public hearing notices were distributed for this case with none being returned prior to the public hearing. Staff recommended approval of this request subject to one (1) condition of approval. COMMISSIONER OSWALT MOVED TO grant a request for a conditional use permit, in accordance with KIBC 17.67 (Conditional Uses) of the Borough Code, in order to allow an 18 by 100 foot addition to an existing 50 by 100 foot warehouse (net mending) building located on Lot 6A-2, U.S. Survey 3098, which P & Z Minutes: August 20, 2003 Page 6 of 13 1 1 1 The motion was SECONDED by COMMISSIONER MCMURRY. Regular session closed. Public hearing opened: Barry Still, agent for applicant: Stated that he did not agree with condition of approval number 2 and would like to have it removed. Hearing and seeing none. Public hearing closed. Regular session opened: COMMISSIONER KETSCHER MOVED TO AMEND the main motion to strike condition of approval number 2. COMMISSIONER MCMURRY SECONDED the motion. The question was called and the amendment CARRIED by unanimous roll call vote. The question was called, and the amended main motion CARRIED by unanimous roll call vote. C) Case 03-016. Request for 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. STAFF indicated twelve (12) public hearing notices were distributed for this case with one (1) being returned opposing this request. Staff stated that a site visit had been completed for this case and the other Larsen Bay rezone requests and recommended that this case be postponed. COMMISSIONER BOEHLAND MOVED TO postpone the rezoning of Larsen Bay, Tract A, Block 19, Lot 4 from R1 -Single Family Residential to B -Business until such time as the Planning & Zoning Commission has completed a review of the Larsen Bay Comprehensive Plan and made appropriate findings and recommendations related to same. The motion was SECONDED by COMMISSIONER OSWALT. Regular session closed. Public hearing opened: P & Z Minutes: August 20, 2003 Page 5 of 13 James Hamilton 1435 H St. Anchorage, AK 99501 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 August 22, 2003 Re: Case 03-018. Request for a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 16, Lot 10 from R1 -Single Family Residential to B -Business. Dear Mr. Hamilton: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on August 20, 2003 postponed action on the case referenced above such time as the Planning & Zoning Commission has completed a review of the Larsen Bay Comprehensive Plan and made appropriate findings and recommendations related to same. If you have any questions regarding the Commission's actions please contact the Community Development Department at 496-9363. Sincerely, itlita6(1 4/(it4 Michelle R. Stearns, Director Community Development Dept. Public Hearing Rem V! -D Kodiak Island Borough Planning and Zoning Commission SUMMARY STATEMENT — AUGUST 13, 2003 Meeting of: August 20, 2003. ITEM TITLE: Case 03-018. Request for a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 16, Lot 10 from R1 -Single Family Residential to B -Business. BACKGROUND: This case is the fourth rezone request located in the Larsen Bay community to come before the Planning and Zoning Commission in the past two months. Two prior cases, (Case 03-011, & Case 03-012), were postponed by the Commission until staff and a member of the Commission were able to make a site visit to the community. At the time of postponement, the Commission enlarged the scope of the investigation to look at all other lodges/properties in the Larsen Bay Townsite, which would include this parcel. On the 7th of August 2003, two Planning & Zoning Conunissioners, assisted by two staff members of the Community Development Department, as well as representatives of the Borough Assembly and local economic development interests, conducted a field visit to the community of Larsen Bay. The purpose of the field visit was to investigate these rezone requests and current development trends, and to assess the future potential for tourism related business. Activities engaged in were site visits to the locales of the specific rezone requests, area over -views / familiarization, photographic documentation, and meetings with interested local personages. As a result of this field visit, a consensus has emerged that a more comprehensive planning process, which would consider individual rezone requests in relation to the larger dynamics in evidence, would better serve the community of Larsen Bay and the individual property owners. RECOMMENDED ACTION: Staff recommends that the Commission postpone this rezone request until such time that a more thorough and reflective analysis of the request may be made in relation to the findings, which arise as a result of the process outlined above. A postponement of the public hearing at this time would not unduly jeopardize the property owner's current activity, nor entail additional application fees in the future. Case 03-018/Summary Statement Page 1 of 2 P & Z: August 20, 2003 APPROPRIATE MOTION: Should the Commission agree with the staff recommendation, the appropriate motion is: Move to postpone the rezoning of Larsen Bay, Tract A, Block 16, Lot 10 from R1 -Single Family Residential to B -Business until such time as the Planning & Zoning Commission has completed a review of the Larsen Bay Comprehensive Plan and made appropriate findings and recommendations related to same. Case 03-018/Summary Statement Page 2 of 2 P & Z: August 20, 2003 KODIAK ISLAND BOROUG COJE NITY DEVELOPMENT DMENT 710 MILL BAY ROAD, ROOM 205, KODIAK, ALASKA 99615-6398, (907) 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. Applicant Information Property owner's name:. F rnit.S L3 . j f) fit 1 L //73 Property owner's mailing address: / 3 5 /i Sr City: 9 State: /‘/ Zip: /� Q 525. Home phone: , 55// Work phone: :T35 - 25 Y S If applicable, Agent's name: /J A/ Agent's mailing address: 6 n/ City: No A/ State: AO /V , Zip:iU0 H, E Home phone: /V O / � ,l,/.- Work phone: ! Y ? /VL Property Information Legal Description: L3GLL .7"R /, gL /( 1 /?,��L X1/4 Present use of property: (,L 6 jY {:zun. ...-6 4, Lts-• P i ' ' c - cat k J JY02 04 AGLS 01- aillieS` ,6-291 lige L Proposed use of property: 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 regulations. Authorized Agent's Signature m2 ./- 7/% Date ,property Owner's Signature LS STAFF USE ONLY Code Section(s) involved: Variance Dnditlonal Use Permit :'t(e 18 Re•_,iew Other (appearance requests, etc.) $50.00 Zoning change from R\ _ to Ii t Ec by• F 6) L p (1 Staff signature ' Date July, 1993 JUL 172003 COMMUNITY DEVELOPMENT DEPARTMENT Date PAYMENT VERIFICATION o3 -o FIRES FICASH 07/17/2883 15:54:88 1318858275 Zone Fee PAID 288.98 *** Paid in Full *** i.,.1; ,1, 1,-1 ....1 G........... Kodiak AK 99615 (997) 486-9324 Aug 08 03 01:09p tori Hamilton 99-5511 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, August 20, 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: D) CASE: APPLICANT: REQUEST: LOCATION: ZONING: 03-018 p.1 James Hamilton A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 16, Lot 10 from R1 - Single Family Residential to B -Business. 1210 First Street 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 cornments 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 caU-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, August 13, 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. c A14/7.5 J y' Your Name: ' . /-17 S fin , � f L 0/ e, AlA/ Mailing Address: /i S 1 f� Your property d,Ascrtptions Le. q J� , •f Comments: ( S/�,92 FSM/Ly RE5 i D /� // i/A% .. w A A/ A .s')) .4 JL a u sxily4Fs s ,c Ai L .4P5.4---4/ /2N/ ti, :L: PL/oa-zV'ilii TL) /I -E ,p /?"1y /7Gr5/, s-5 2—'/y 7sh14— 574,74 //& a 5 ,i- e• -n_ ,7,-,�, f .7`' - S/ 7, c / Ib L. G T /r? :CA/ G 4R5 -EN /?Ax it%i / j , 8 , , /frtZ r:9--- 08-08-2003 02:10pm From -City o arsen Bay 907-847-2239 T-045 P.001/002 F-673 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearin_g Item VI -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 20, 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: D) CASE: APPLICANT: REQUEST: LOCATION: ZONING: 03-018 James Hamilton A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 16, -Lot 10 from Single Family Family Residential to B -Business. 1210 First Street RI -Single Family Residential This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department 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, August 13, 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. nn �} /Play cAl p — {� Your Name:. )1 J Q, /1 1 ai.usi, ckr D� )' SIr Mailing Address: � B 04 R- t. l Se,/;ay scription: C_ cry U C L Q Y•S P AI P� �C�Y ,"0.1......5 f i r e 0,11 Your property description: Comments: I o p '>/71 f o CQ d c. A c, Ay g. aibotLe cc -r Ci.. Y e, 2..-17AJ t.. f.S / Ai C . !.//�� . r' a - • . d ' I (- 0..Y U f `i er C c i''' 61. c fin D e St�inA3 � �.i f h� (�� 'L+, j�QSm ci j GGttioJ6�. �11(a. p�r1,�3Qr-6y *is i,cl�j�C�i.17 b� [1i� c:: d,o✓ve./ijJF, (L&d /H r_dJlfxclisll /0ic 1,-)00 id [ ei_uv_ 11111 Q f,•r A.". i4,1pctC,� yrn+� •I l C. 1\1.LI4L� Ki IIAK ISLAND BOROU 3 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, August 20, 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: D) CASE: APPLICANT: REQUEST: LOCATION: ZONING: 03-018 James Hamilton A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 16, Lot 10 from R1 - Single Family Residential to B -Business. 1210 First Street 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, August 13, 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. Q Q y�� / T ! / , / �r Your Name: \11�e- 5' N / 1/'i /zTh Mailing Address: ?5 1J S / C/ Your property scription:�//�pl.� /7/ /�.cerk. Ib/ /(,l ` ' T' ��/ Comments: / S"6 i9/Y/Ay R4'5iDfyT74L 2 1/ /-AYE A Sm 4 LL fuss/,y/-: ss TA/ L /41P5 01 e4), ,qlc, GUo a- L V Z/ 7 c /7 ,_--f? illy 8 zeS/ ivss .X ,y Thee 54,kr. /�a a 5- L e911., (7iLaz ' #7 L/ © c lb 40T/0 -Z-17 zA1(1s--/k/RA/ Mfr /, F Ape ,. 0. ' .... i, ........, A COMMUNITY DEVELOPMENT DEPARTMENT Public Hearing Item VI -A Kodiak Island Borough Planning and Zoning Commission SUMMARY STATEMENT — AUGUST 13, 2003 Meeting of: August 16th, 2003. ITEM TITLE: Case 03-018. Request for a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 16, Lot 10 from R1 -Single Family Residential to B -Business. BACKGROUND: This case is the fourth rezone request located in the Larsen Bay community to come before the Planning and Zoning Commission in the past two months. Two prior cases, (Case 03-011, & Case 03-012), were postponed by the Commission until staff and a member of the Commission can make a site visit to the community. At the time of postponement, the Commission enlarged the scope of the investigation to look at all other lodges/properties in the Larsen Bay Townsite, which would include this parcel. On the 7th of August 2003, two Planning & Zoning Commissioners, assisted by two staff members of the Community Development Department, as well as representatives of the Borough Assembly and local economic development interests, conducted a field visit to the community of Larsen Bay. The purpose of the field visit was to investigate these rezone requests, current development trends, and to assess the future potential for tourism related business. Activities engaged in were site visits to the locales of the specific rezone requests, area over -views / familiarization, photographic documentation, and meetings with interested local personages. As a result of this field visit, a consensus has emerged that a more comprehensive planning process, which would consider individual rezone requests in relation to the larger dynamics in evidence, would better serve the community of Larsen Bay and the individual property owners. RECOMMENDED ACTION: Staff recommends that the Commission postpone this rezone request until such time that a more thorough and reflective analysis of the request may be made in relation to the findings, which arise as a result of the process outlined above. A postponement of the public hearing at this time would not unduly jeopardize the property owner's current activity, nor entail additional application fees in the future. Case 03-012/Summary Statement Page 1 of 1 P & Z: July 16, 2003 APPROPRIATE MOTION: Should the Commission agree with the staff recommendation, the appropriate motion is: Move to postpone the rezoning of Larsen Bay, Tract A, Block 16, Lot 10 from R1 -Single Family Residential to B -Business until such time as the Planning & Zoning Commission has completed a review of the Larsen Bay Comprehensive Plan and made appropriate findings and recommendations related to same. Case 03-012/Summary Statement Page 2 of 1 P & Z: July 16, 2003 Public Hearing Item VI -B MEMORANDUM DATE: , 2003 TO: Planning and Zoning Commission FROM: Community Development Department STAFF: Martin Lydick, Associate Planner SUBJECT: Information for the August 20`h, 2003 Regular Meeting CASE: 03-018 APPLICANT: James Hamilton REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 16, Lot 10 from R1 -Single Family Residential to B -Business. LOCATION: 1210 First Street, Larsen Bay ZONING: R1 -Single-family Residential public hearing notices were mailed on , 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: Tract A, Block 16, Lot 10 45,794 Sq Ft. 3. Existing Land Use: 4. Surrounding Land Use and Zoning: single-family residence North: Tract A, Blk 16 Lt 9A Public Reserve Use: Vacant 8 acres Zoning: R-1 Single Family Residential Zoning District Case 03-011/Staff Report Page 1 of 10 P & Z: June 18, 2003 Public Hearing Item VI -B South: Tract A Blk 19 Lot 4 Use: Vacant Zoning: R-1 Single Family Residential Zoning District East: West: Tract A Blk 19 Lot 5 Use: single-family residence Zoning: R-1 Single Family Residential Zoning District Tract A, Blk 16 Lt 9A Public Reserve Use: Vacant 8 acres Zoning: R-1 Single Family Residential Zoning District Tract A Blk 16 Lot 11 Use: single-family residence Zoning: R-1 Single Family Residential Zoning District 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. 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 Case 03-011/Staff Report Page 2 of 10 P & Z: June 18, 2003 Public Hearing Item VI -B 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: 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. Consistent: N/A. No dredging or filling is proposed. 4. Facility Design Case 03-011/Staff Report Page 3 of 10 P & Z: June 18, 2003 Public Hearing Item VI -B 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: No. Lot immediately adjacent to the west is improved with single-family residence. Yes. Property immediately to the north & east is vacant public reserve (water frontage) & does provide a buffer zone. 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. Case 03-011/Staff' Report Page 4 of 10 P & Z: June 18, 2003 Public Hearing Item VI -B 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: 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 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 run-up shall be required to the extent feasible and prudent. Consistent: N/A. This request does not involve new residential development. Should future development be undertaken, this issue will be reviewed in conjunction with zoning compliance permitting. 5. Wetlands Case 03-011/Staff Report Page 5 of 10 P & Z: June 18, 2003 Public Hearing Item VI -B 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 petitioner(s) have requested a rezone of one (1) lot in the Larsen Bay Subdivision to be rezoned from R1 -Single-family Residential to B -Business. The property owner(s) have described the current use of the property as a "rental" available for hunting & fishing parties, along with the use of on-site boats. Petitioner utilizes local caretaker services and does not maintain a concurrent personal presence. The applicant listed the proposed use of the lot as a generic "Business." The B -Business zone was determined to be the only zone that would permit the use(s) requested by the petitioner and not result in establishing nonconformity 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 anticipated by this request. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The plan map designates the rezone area as Commercial, Waterfront, & Residential (CWR). 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) in two districts of the city. The first district comprises the approximate core area of the city, and the second district is located in the southwestern 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 location of the rezone request is separated from the waterfront by a tract of land designated as public reserve which is approximately one half block deep. Currently improved with a single family residence, petitioner states a purpose of preserving current business use and enhancing the option in future years in order to accommodate handicapped clients. Accommodation of handicapped clientele would entail modification(s) to the current structure in order to meet the physical needs of the clients and their chaperones. Guidelines #3 and #4 of the CWR designation 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 Case 03-011/Staff Report Page 6 of 10 P & Z: June 18, 2003 Public Hearing Item VI -B 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 lot is currently zoned R-1 Single Family Residential Zoning District. The proposed rezone would make the lot 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 allowable potential uses which might create a conflict for the area located on the periphery of the location, which is 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. Staff notes that there are no off-street parking requirements in the villages for either residential or commercial uses. LAND SUITABILITY: The land appears to be suitable for the anticipated us, i.e., small-scale lodge operations. The lot has water, sewer, electrical and telephone utilities readily available The lot is 45,794 square feet, and represents a total area of 1.05 acres requested for rezone. RECENT DEVELOPMENT TRENDS IN THE AREA: Case 03-011/Staff Report Page 7 of 10 P & Z: June 18, 2003 Public Hearing Item VI -B 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 out of compliance with the RI -Single-family Residential zoning. Staff has received a number of inquiries about the possibility of joining in this rezone request, and this request represents the fourth such request in a relatively short period of time. The location subject to this request is the only property actually located within the CWR designated area for which a rezone request has been received to date. Citing this observation, a comment of non -objection to this request has been received from the City of Larsen Bay. 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. However, staff has received anecdotal comments suggesting there may be brewing conflicts regarding access and utilization of boat slips located in the small boat harbor facility. 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. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Case 03-011/Staff Report Page 8 of 10 P & Z: June 18, 2003 Public Hearing Item VI -B Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 16, Lot 10 from R-1 Single Family Residential Zoning District to B -Business, subject to an effective clause, and to adopt the "Findings of Fact" in the staff report dated 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 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 addresses the 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. Case 03-011/Staff Report Page 9 of 10 P & Z: June 18, 2003 4,- aye c/ / 'tel 57'/ /.4. 3 • 1 J -q& cif ,(A;v241.e ilY fhl AUG 12 2003 t-ji COMMUNITY DEVELOPMENT DEPARTMENT Kodiak Island Borough 718 Mill Bay Rd Kodiak, AK 99615 87/17/2883 Receipt Number: 818858275 15:54:22 Received By . : FICASH Received From: JAMES HAMILTON Zoning Charge Fee JAMES HAMILTON 288.88 Receipt Total . : 288.88 Amount Tendered : 288.8N Change .88 Payment Received: Gash : .88 Check : 208.88 Charge: .88 Other : .88 IAK ISLAND BOROPH 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, August 20, 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: ll) CASE: APPLICANT: REQUEST: LOCATION: ZONING: 03-018 James Hamilton A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 16, Lot 10 from R1 - Single Family Residential to B -Business. 1210 First Street 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, August 13, 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: CITY OF LARSEN BAY P.O. BOX 8 LARSEN BAY AK 99624 ea M JAMES & MALLORY HAMILTON JR. JANE PETRICH 1435 H ST P.O. BOX 2842 ANCHORAGE AK 99501 KODIAK AK 99615 ROBERT MASCHMEDT MICHAEL CARLSON RICHARD A NELSON ETAL 3204 NE 123RD ST PO BOX 92 12911 SW T1MARA LN SEATTLE WA 98125-5516 LARSEN BAY AK 99624 TIGARD OR 97224 ALEX & MABLE PANAMAROFF JR DAVID & KATHRYN OBERG JIM HOUK P.O. BOX 6 600 E 76TH AVE #3 3823 E. 20TH LARSEN BAY AK 99624 ANCHORAGE AK 99518 JOPLIN MO 64801 KODIAK ISL HSG AUTH 3137 MILL BAY RD KODIAK AK 99615 Kodiak Island, Alaska Taxpayer Information TIC No , , , 7240 Mkt 1 1-, Taxpayer 411 I11q 2, -, Property Last Name/Company. Name: �TA�tIY,'I�ObI p'.' Name: ' First Name (s) : " jA E'S ' ' ' ' MALLORY MailingAddress: 1 wr City: ANCHORAGE State: AK ,Zip/Country:, 99501 Carrier Route: 7/31/03 10:31:24 AAAAAAAAAAAA Format: R X257'8'0'1'6'0'1'0'0" " " " " " ' " Short Legl LARSEN BAY TR A BK 16 LT 10 ' `I''I'C'2'0' 'P'lease enter TIC number and data selection and press desired function F1=Add F2=Change F3=Exit F4=Prompt F7/F8=Scroll F24=More Keys Kodiak Island, Alaska R5780160100 • Real Estate Information 7/31/03 10:31:35 RAMILTON 'JR'.',' 'DAME'S' '&' MALLORY Inq AP01020 Street Number Dr Name ''''' NAN LARSEN BAY Turi sdi ct Sch ,Dist, Map Re,f. Section 111111 '' ,S1nhd1i w.' Nhhcd Cd. Sale Zone: Fron Zone : Zone Dist Zone Type: Prof Use Value ,B,y Old Parc PRO'P'2'0' 05 Rural Burough KISD LNBY LARSEN BAY 16 00010 LB Larsen Bay 6 Villages R1 SINGLE FAMILY RESIDENTIA SFR C CAMA Mass Appraisal Unit City —LARSEN BAY (More...) lease enter the parcel or account number (or press desired function) Zip Code '9'96'2'4' F1=Add F2=Change F3=Exit F4=Prompt F7/F8/F17/F18=Scroll F24=More Keys Kodiak Island, Alaska R5780160100 • MAMIY.,TO IR.',' 'SAME'S' '&' MALLORY' Street Number Dr Name Unit City Zip Code ''''''''''''''' MIX LARSEN BAY --LARSEN BAY '9'9624 ' Rec„ Use ... ' ' ' # of , Unit , Unit Ad,j, Ad,j, Un,i,t, , , , , Land „ No. Code G Zone Depth Units Type Price % Price Value 0'0'1' '9'9'9'9' ' ' '12'1' ' ' ' ' ' ' .'00 '4'57.9.4'.'0'0 , 'S , , , � ' _ 0,0' ' '1.'0'0' � , ' ' ' ' , .0.0. ' . ' ' ' ' ' ' ' ' '0. Land Information No,., 001 In. 7/31/03 10:31:47 Tot ' Nbad ,,, Nbad'''''' Parcel TotalTotal Total RecCode Ad] Override Acres Ag Value Land Value '1'' 1,B'''''''1'.'0,0, '''''''''3'9'9'0'0' '''1'.'0'5''''''''' '' .'', . ''','''',,,'' PROP20 Please enter the parcel or account number (or press desired function) F1=Add F2=Change F3=Exit F4=Prompt F5=Totals F24=More Keys • M License Detail Expired License LicNum: 196816 Business Name: BAYSIDE INN Address: Po Box 33 LARSEN BAY, AK 99624 Status: Active Original Issue: 12/29/1995 Current Issue: 02/24/1998 Expiration: 12/31/1999 Business Type: Sole Proprietor Tobacco Sales: No Export: No Line Of Business: Services Primary Activity: Not Specified Secondary Activity: Not Specified Owners: James Hamilton License Detail M • LicNum: 428846 Business Name: BAYSIDE INN Address: 1435 H St ANCHORAGE, AK 99501 Status: Active Original Issue: 07/14/2003 Current Issue: 07/14/2003 Expiration: 12/31/2004 Business Type: Partnership Tobacco Sales: No Export: No Line Of Business: Accommodation and Food Services Primary Activity: Traveler Accommodation (hotels, motels, bed & breakfast, etc.) Secondary Activity: Not Specified Owners: James B Hamilton Mallory D Hamilton M • Martin Lydick From: Martin Lydick Sent: Friday, August 01, 2003 12:08 PM To: 'CityofLarsenBay@aol.com' Subject: RE: Sales tax receipts M' Thanks, Original Message From: CityofLarsenBay@aol.com [mailto:CityofLarsenBay@aol.com] Sent: Friday, August 01, 2003 12:02 PM To: Martin Lydick Subject: Re: Sales tax receipts I know he has in the past run a business, but in the last few years has been unable to because of medical reasons. He does have a current business license with the State. Tammy Aga City Clerk 811/2003 w Martin Lydick From: Teresa Medina Sent: Thursday, July 31, 2003 11:46 AM To: Martin Lydick Subject: FW: transient accommodation tax receipts Original Message From: Teresa Medina Sent: Thursday, July 31, 2003 11:37 AM To: Mary Barber Subject: RE: transient accommodation tax receipts I Believe he might be filing in Larsen Bay. I don't have a record of him filing here. Original Message From: Mary Barber Sent: Thursday, July 31, 2003 11:30 AM To: Teresa Medina Subject: FW: transient accommodation tax receipts Hi Teresa, Martin sent this to me, but you would be the one that would have the information for him so I am forwarding this to you. :-) Mary Original Message From: Martin Lydick Sent: Thursday, July 31, 2003 11:24 AM To: Mary Barber Subject: transient accommodation tax receipts Mary, Do you have a record of filing / pymnts for a James B. Hamilton Jr. dba Bayside Inn in Larsen Bay? Crnt Lic #428846 shows an Anch address & expired Lic #196818 shows a Larsen Bay address. Thanks, « OLE Object: Picture (Metafile) » «File: Martin L. Lydick (E-mail).vcf» 1