LARSEN BAY TR A BK 19 LT 4 - AppealtKodiak Island Borough
Assembly Newsletter
Vol. FY2009, No.07 November 7, 2008
At its Regular Meeting of November 6, 2008 the Kodiak Island Borough Assembly Took the Following
Actions:
PRESENTED the November Student of the Month Awards to Jeridiah Thomas Who is Enrolled Full Time
in the KIBSD Correspondence Program, and Justin Anderson, a Junior at Ouzinkie School.
RECOGNIZED Senior Citizens of Kodiak, Inc. on Their National Accreditation Achievement and 35th
Anniversary, and Encouraged the Community to Celebrate Saturday, November 8, 2008 From 2 p.m.— 5
p.m. at the Kodiak Senior Center.
VOICED NON -PROTEST to the State of Alaska Alcoholic Beverage Control Board Request for Transfer
of Ownership of Pizza Hut Liquor License, Beverage Dispensary License #3548 to Angelo's.
ADOPTED Ordinance No. FY2009-07 Reestablishing Boards, Committees, and Commissions as
Established in the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel,
Chapter 2.39 Boards and Commissions.
ADOPTED Ordinance No. FY2009-08 Rezoning USS 4872, Larsen Bay Townsite, Tract A, Block 16, Lot
12 From R1- Single Family Residential To B -Business Zoning District.(Case No. 08-21).
ADOPTED Ordinance No. FY2009-09 USS 4872, Rezoning Larsen Bay Townsite, Tract A, Block 1, Lots
1 And 3 From R1- Single Family Residential To B -Business District. (Case No. 03-011).
ELECTED Assembly Member Pat Branson as Deputy Presiding Officer of the Assembly.
AUTHORIZED the Manager to Execute Contract No. 2004-61C With Hickey & Associates of Juneau,
Alaska in the Amount Not to Exceed $40,000 Annually for the Period of January 1, 2009 to December
31, 2010.
ADOPTED Resolution No. FY2009-10 Supporting Govemor Palin's Proposal to Ameliorate the Effects of
High Energy Costs on Alaskans and Recommending and Encouraging Support for Long -Term
Commitments From the Governor and the Legislature by Appropriating Funds to Encourage the Use of
Public Transportation.
ADVANCED Ordinance No. FY2009-10 Rezoning Proposed Tract F Within US Survey 2261 and US
Survey 4947 From C -Conservation To LI- Light Industrial Zoning District (Case No.09-002) to Public
Hearing on December 4, 2008.
ADVANCED Ordinance No. FY2009-11 Rezoning a Tract of Land in the Larsen Bay Townsite Legally
Described as Tract A, Block 3, Lot 1 From R1- Single Family Residential To B -Business District (Case
No. 03-011) to Public Hearing on December 4, 2008.
ADVANCED Ordinance No. FY2009-12 Amending Kodiak island Borough Code Of Ordinances Title 15
Buildings And Construction To Standardize The Kodiak Island Borough And The City Of Kodiak Building
Codes to Public Hearing on December 4, 2008.
Minutes of this and other assembly meetings as well as copies of agenda items are available at the Borough Clerk's Office or on the Kodiak
Island Borough's website www.kodiakak.us. The next regular meeting of the Kodiak Island Borough Assembly is scheduled on Thursday,
December 4, 2008 at 7:30 p.m. in the Borough Assembly Chambers.
FAILED to Direct Staff to Prepare an Ordinance for Introduction to Rezone Larsen Bay Tract A, Block 19,
Lot 4 From R1- Single Family Residential District to B -Business District.
DECLARED the Seat Held by Gary Juenger on the Planning and Zoning Commission for a Term to
Expire December 2010 Vacant.
DECLARED the Seat Held by Freya Holm on the Solid Waste Advisory Board for a Term to Expire
December 2009 Vacant.
DECLARED a Seat for a Term to Expire December 2011 Vacant on the Monashka Bay Road Service
Area Board. Mr. Mark Withrow Declined to Assume the Elected Seat on the Board.
APPROVED Kodiak Island Borough Assembly 2009 Meeting Schedule.
ACCEPTED a Grant for the Seismic Upgrade of Peterson Elementary School and Authorized the
Manager to Enter Into an Agreement with the Alaska Division of Homeland Security and Emergency
Management.
Minutes of this and other assembly meetings as well as copies of agenda items are available at the Borough Clerk's Office or on the Kodiak
Island Borough's website www.kodiakak.us. The next regular meeting of the Kodiak Island Borough Assembly is scheduled on Thursday,
December 4, 2008 at 7:30 p.m. in the Borough Assembly Chambers.
Assembly Appeal Packet
Case 03-016
November 18, 2008
Mr. Jon Peterson
18050 SW Shawnee Trail
Tualatin, OR 97062
me --0194-
leeeyb - .3o
Irodizk IslrndBoroaK
Ofce of the Borough Clerk
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9310 Fax (907) 486-9391
E-mail: njavier@kodiakak.us
Re: Review of Case 03-016 Denial of Rezone of Larsen Bay Townsite Subdivision,
Tract A, Block 19, Lot 4 From R1 -Single Family Residential To B -Business.
Dear Mr. Peterson:
At its regular meeting of November 6, 2008, the Kodiak Island Borough Assembly
reviewed the Planning and Zoning Commission's Findings of Fact, which were adopted
in support of its decision to deny a rezone of Larsen Bay, Tract A, Block 19, Lot 4 from
the R1 -Single Family Residential district to the B -Business district.
The Assembly took the following action and upheld the decision of the Planning and
Zoning Commission:
• FAILED to Direct Staff to Prepare an Ordinance for Introduction to Rezone
Larsen Bay Tract A, Block 19, Lot 4 From R1- Single Family Residential District
to B -Business District.
For further inquiry regarding this case, please contact the Community Development
Department at 907-486-9363.
Sincerely,
OFFICE OF THE BOROUGH CLERK
Nova M. Javier,
Borough Clerk
at
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
NOVEMBER 6;`2008 REGULAR MEETING
ITEM NO: 13.E.1
TITLE:
Assembly Review of Case 03-016 Denial of Rezone of Larsen Bay Townsite Subdivision,
Tract A, Block 19, Lot 4 From R1 -Single Family Residential To B -Business and Directing
Staff to Prepare an Ordinance for Introduction.
SUMMARY:
The Planning and Zoning Commission, at its special meeting in Larsen Bay on September 20,
2008 adopted findings of fact in support of its decision on May 9, 2008 to deny a rezone of
Larsen Bay Tract A, Block 19, Lot 4 from the R1- Single Family Residential district to the B —
Business district.
In their findings of fact, the commission cited the following as reasons for their denial
recommendation:
• The nature and scale of potential Business zoned uses on this parcel is not consistent
with the current residential character of the area.
• A rezone to B -Business will create additional commercial development that will require
additional resources from the City's limited infrastructure that has been found by the
state of Alaska to be substandard.
• The scale and the present use of the property are more suited to a "Bed and Breakfast"
establishment that is allowed in this district if the landowner connects the two structures.
• Denial of this request is based upon conditions currently existing in the community which
may be expected to change some time in the future when the community is better able
to support on a sustainable basis further commercial development. At that time, the
parcel should be reexamined for its B -Business potential
• Also to be considered is the resolution adopted by the Council of the City of Larsen Bay
requesting a "halt" to future building in Larsen Bay because the city's infrastructure
presently is "over taxed"
ASSEMBLY ACTION:
According to KIBC 17.72.Submission to the Assembly, it is stated:
B. If the commission recommends denial of any proposed amendment, its actions 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 Assembly
In response, the Assembly needs to review Case 03-016 and determine:
• If the case should move forward by directing staff to prepare an ordinance for
introduction that rezones this parcel from R1 -Single Family Residential to B -Business; or
• Uphold the Commission's decision and fail the motion directing staff not to prepare an
ordinance for introduction that rezones this parcel from R1 -Single Family Residential to
B- Business
• Included with this packet is KIBC Chapter 17.72 and a flowchart identifying a decision
tree for the elevation.
Continued on the next page
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
NOVEMBER<6,.2008 REGULAR MEETING
APPROVAL FOR AGENDA:
ci
RECOMMENDED MOTION: Move to direct staff to prepare an ordinance for introduction to
rezone Larsen Bay Tract A, Block 19, Lot 4 from R1- Single Family Residential district to B -
Business District. Staff recommendation based on the decision of the Planning and Zoning
Commission is to fail this motion.
Clerk's note: Requestor was informed that he had 10 working days to file a written statement
with the clerk requesting that the commission's action be taken up by the Assembly. The code
states a requestor has 10 days (10 calendar days as opposed to working days.) Following the
code, the request is late by one day.
October 1, 2008
Nova Javier, CMC
Kodiak Island.Bomngh
710 Mill Bay Rd.
Kodiak, Ak. 99615
Re: Case 03-016
Larsen Bay Townsite Subdivision
Tract A, Block 19, Lot 4
I am responding to the denial by the commission to rezone my property out Rl to B -
Business. I am requesting that the commission's action be taken up by the assembly.
I have owned and operated my lodge since June 2000. When I constructed the lodge
there were no zoning issues, etc. brought up by the city and we complied with all that the.
city required. We would never have gone forward if there had been any zoning issues. 1
have a considerable investment in materials, equipment, shipping and construction. It is
Located near the boat harbor and away from the main part of town. Our nearest
neighbor's home is approximately 60 feet from me. We are small, but this is my
livelihood and is necessary to support myself and my family. In addition we bring
additional revenue to the city.
The commission stated that future development on our property would require additional
resources from the city's limited infrastructure system. The same would be true for any
of the lodges that are in Larsen Bay and were constructed after ours, but they were given
B -Business zoning. Therefore, we believe we should be grandfathered in and a
moratorium on future development would be a more equitable decision.
I will be mrtkjpg the changes recommended by the commission to connect the bunkhouse
structure to the A frame in June 2009.
Sincerely,
Jon Peterson, Owner
Foxtail Lodge
YES
Advance to Assembly by
Ordinance 17.72.055A
INITIATED BY PETITION
TO THE P&Z
COMMISSION
17.72.030C
4
Commission forward report
within 30 days with draft
ordinance, report, and
recommendations, etc.
17.72.055A
•
The assembly shall
consider........ at its next
regular meeting after
receipt of such report.
17.72.060
•
Such recommendations of
the commission shall be
advisory only and shall not
be binding upon the
assembly. 17.72.055
l
YES
The assembly by ordinance
shall effect such amendment,
supplement, change or
reclassification. 17.72.060
•
NO
Filing of written
statement with the
Clerk within 10
\ (calendar) days
NO
If voted down, there
are no protest rights
within the Borough's
authority. 17.72.080
\
REGULATIONS AND BOUNDARIES OF DISTRICTS
/
Assembly Review
Action requested (not required per
code) to get clear direction for staff
Note: no time frame indicated.
(Clerk's recommendation: Place item
\ under "Other Items" on the agenda.)
NO
If voted down, there
are no protest rights
within the Borough's
authority. 17.72.080
•
NO
If voted down, there
are no protest rights
within the Borough's
authority. 17.72.080
•
YES
Direction by action from the
Assembly to prepare an
ordinance for introduction.
1
1
Second reading — Public
hearing required per
17.72.070 (Public notices
by -mail not required by
code.)
•
l
1
Seven days notice of such
hearing shall be advertised.
17.72.070
YES
The assembly by ordinance
shall effect such amendment,
supplement, change or
reclassification. 17.72.060
17.72.010--17,72.040
Chapter 17.72
AMENDMENTS AND CHANGES
Sections:
17.72.010 Authority.
17.72.020 Report from planning and zoning commission.
17.72.030 Manner of initiation.
17.72.040 Hearing on boundary change.
17.72.050 Boundary change may include additional property.
17.72.055 Submission to assembly.
17.72.060 Hearing determination.
17.72.070 Hearing-Required—Notice.
17.72.080 Repealed
17.72.010 Authority. Whenever the public necessity, convenience, general welfare or good
zoning practice requires, the assembly may, by ordinance and after report thereon by the
commission and public hearing as required by law, amend, supplement, modify, repeal or other-
wise change these regulations and the boundaries of the districts. (Ord. 83-58-0 ' 1(part), 1983).
17.72.020 Report from planning and zoning commission. The commission shall report in
writing to the assembly on any proposed change or amendment regardless of the manner in
which such change is initiated and such report shall find:
A. Findings as to need and justification for a change or amendments;
B. Findings as to the effect a change or amendment would have on the objectives of the
comprehensive plan; and
C. Recommendations as to the approval or disapproval of the change or amendment. (Ord.
83-58-0 ' 1(part), 1983).
17.72.030 Manner of initiation. Changes in this title maybe initiated in the following manner:
A. The assembly upon its own motion;
B. The commission upon its own motion; and
C. By petition of one (1) 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 department, 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. (Ord. 83-58-0
](part), 1983).
17.72.040 Hearing on boundary change. The commission shall hold a public hearing before
considering any change in the boundaries of a district. Notice thereof shall be given in the
manner
17-112
(KIB 12/06)
Supp. #47
17.72.040--17.72.060
prescribed in this title for variances except that such procedure shall specifically refer to an
application for change in the boundary of a district. Where property within an area proposed to
be changed is not under the same ownership, all owners of property within the area shall be
notified of such hearing. Within thirty (30) days after the date of the public hearing, the
commission shall report its findings to the assembly. If such change was initiated by petition, the
signers shall be notified by the community development department of the commission's
recommendation, such notice sent by registered mail not more than five (5) days after the
commission's public hearing. (Ord. 83-58-0 ' l(part), 1983).
17.72.050 Boundary change may include additional property. When the commission deems it
necessary or expedient, it may consider other property for change or amendment in addition to
the property described in an application for change in the boundary of a district, and may include
such additional property in the notices of public hearing and consider amendments relating to
such property at the public hearing. (Ord. 83-58-0 ' l(part), 1983).
17.72.055 Submission to assembly.
A. Within thirty (30) days after the commission has acted favorably upon a proposed zoning
change in accordance with the above provisions, a report with recommendations shall be
submitted to the assembly together with the proposed ordinance. Such recommendations of the
commission shall be advisory only and shall not be binding upon the assembly. When an
ordinance has been forwarded to the assembly, the assembly shall act in accordance with this
chapter, and notice shall be issued as provided in section 17.72.070 of this chapter by the clerk.
B. If the commission recommends denial of any proposed amendment, its action shall be
final unless the initiating party, within ten (10) days, files a written statement with the clerk
requesting that the commission's action be taken up by the assembly. (Ord. 93-20 ' 3, 1993; Ord.
83-58-0 ' l(part), 1983).
17.72.060 Hearing determination. The assembly shall consider an application or commission
recommendation for change in the boundary of a district or any other commission
recommendation proposing a change in this title, and the report of the commission at its next
regular meeting after receipt of such report. If, from the facts presented and by the findings of the
report of the commission, it is determined that the public necessity, convenience, general welfare
and good zoning practice requires the change or amendment or any portion thereof, the assembly
by ordinance shall effect such amendment, supplement, change or reclassification. (Ord. 83-58-0
l(part), 1983).
17-113
(KIB 12/06)
Supp. #47
17.72.070--17.72.080
17.72.070 Hearing--Required—Notice. No ordinance of the assembly affecting an amendment,
supplement, change or classification, repeal of regulations or restrictions, the boundaries of
districts or classifications of property shall become effective until after a public hearing in
relation thereto at which parties in interest and citizens shall have an opportunity to be heard. At
least seven (7) days notice of' the time and place of such hearing shall be published in a paper of
general circulation in the borough. When the proposed amendment covers a change in the
boundaries in a district, notice to owners of property shall be given in the manner described in
this title for variances. (Ord. 83-58-0 ' ](part), 1983).
17.72.080 Boundary change—Protest. (Repealed by Ord. 93-20 ' 2, 1993; Ord. 83-58-0
' 1(part), 1983).
17-] 14
(MB 12/06)
Supp. #47
ose regular meeting:
Op public hearing:
Close • blic hearing:
Open re: • ar meeting:
Commission , iscussion
FINDINGS 0 ACT
Section 17.72.020 s
report to the Assemb
17.72.020 A. Findings
The purpose of the rezone i
es that the Commission shall incorporate the following c
existing lodge uses and struc
e Need and Justification for a Change or
ntended to create commercial zonin
ocated along the eastem edge o
fia into their
ndment.
istricts to accommodate
e Larsen Bay Subdivision.
The petitioners have indicated tha the rezone is needed as the •nly feasible way for them to
move into zoning compliance status. s request has been " d in abeyance for five or more
years awaiting an update to the KIB R-:'onal Comprehens e Plan and it is now time to make
these long awaited decisions in order to re ore and maint. n the balance between residential and
commercial uses in the Larsen Bay communi
Because the community leadership capacity has +' fished in recent years due to the turnover of
leadership and administrative staff, the recomm; .tions in this case are limited to those Tots
where existing lodge use and structures are es • olish••• in order to maintain the status quo level
of both commercial benefits to the comm s'"y and rela•-d community impacts associated with
lodge uses. The current RUBA report an' associated utih rate study, in conjunction with the
most recent resolution adopted by the . arsen Bay City Co „cil indicate a need for change to
occur in the community leadership d administration in or. -r to re-establish continuity of
government operations and re ore community sustainabilit' before more commercial
development potential is consid ed for the Larsen Bay Community.
17.72.020 B. Findings as to Re Effect a Change or Amendment would h. e on the Objectives of
the Comprehensive Plan.
The Kodiak Island Bo
intent of the plan de
a case-by-case, lo
comprehensive
ugh has not established a Mixed -Use zone in order to
gnation. As a result, the Mixed -Use designation will need to
y -lot, zone -by -zone basis, in conformity with a generalized vie
lan designations as previously discussed in the staff report.
11 the literal
e fulfilled on
f the
While the -commended zone changes are not entirely consistent with the explicit pi. " map
designatfi s in the 2008 KIB Regional Comprehensive Plan Update, the recommendation do
take i . account existing development patterns, community comments, plan recommendatio
ally) and the sustainability of the community infrastructure and social fabric of the
c+ unity.
e question was called and it FAILED 4-0.
(g
B. Case 03-016. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation),
of Larsen Bay, Tract A, Block 19, Lot 4 from R1 -Single Family Residential to B -Business. The
applicant is Jon Peterson. The location is 1207 First Street, Larsen Bay, and the zoning is R1 -
Single Family Residential.
Dvorak gave a staff report.
Kodiak Island Borough
September 20, 2008
P&Z Guidelines
Page 5 of 10
COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly
approve the rezoning of Larsen Bay Subdivision, Tract A; Block 19, Lots 4; from R1 -Single-
family Residential to B -Business. The motion was SECONDED by COMMISSIONER
JUENGER.
Close regular meeting:
Open public hearing:
Bob Maschmedt spoke in support of this request.
Teresa Carlson spoke in opposition of this request.
Patty Livingston spoke in opposition of this request on the behalf of the Alpiak's, which lives
next door.
Close public hearing:
Open regular meeting:
Commission discussion.
The question was called and it FAILED 4-0.
COMMISSIONER JANZ MOVED to adopt the "Findings of Fact" in the staff report dated
September 10, 2008 in support of this recommendation. The motion was SECONDED by
COMMISSIONER JUENGER.
FINDINGS OF FACT
Section 17.72.020 states that the Commission shall incorporate the following criteria into their
report to the Assembly:
17.72.020 A. Findings as to the Need and Justification for a Change or Amendment.
The purpose of the rezone request is intended to create commercial zoning districts to
accommodate existing lodge uses and structures located near the western of the Larsen Bay
Subdivision, near the small boat harbor. The petitioners have indicated that the rezone is needed
as the only feasible way for them to move into zoning compliance status. Staff analysis indicates
that the nature and scale of the current use appears to be more residential than commercial at this
point in time and that a rezone to B -Business will create additional commercial development
potential that may require additional resources from the city's limited infrastructure system. Staff
analysis indicates that the scale of use on this property may be able to be made conforming in the
RI zoning district by converting to a Bed & Breakfast use and by further joining together the
existing A -frame house and adjoining bunkhouse structures. This request has been held in
abeyance for five or more years awaiting an update to the KIB Regional Comprehensive Plan
and it is now time to make these long awaited decisions in order to restore and maintain the
balance between residential and commercial uses in the Larsen Bay community. Because the
community leadership capacity has diminished in recent years due to the turnover of leadership
and administrative staff, the recommendations in this case are limited to those lots where existing
lodge use and structures are established in order to maintain the status quo level of both
commercial benefits to the community and related community impacts associated with lodge
uses. The current RUBA Assessment Report and associated utility rate study, in conjunction with
the most recent resolution adopted by the Larsen Bay City Council indicate a need for change to
occur in the community leadership and administration in order to re-establish continuity of
government operations and restore community sustainability before more commercial
development potential is considered for the Larsen Bay Community.
Kodiak Island Borough
September 20, 2008
P8Z Guidelines
Page 6of10
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.
eeting reconvened at 1:55.
C. C+ e 03-018. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Ini 'ation),
of Larse : ay Subdivision, Tract A; Block 16, Lot 10, from RI Single Family Resid ial to B -
Business. e applicant is James Hamilton. The location is 1210 First Street, Lar n Bay, and
the zoning is ' -Single Family Residential.
Dvorak gave a sta' report.
COMMISSIONER J • Z MOVED to postpone case 03-018 until t -e regular meeting on
October 15, 2008. The 'tion was SECONDED by COMMISSIONSJUENGER.
VICE CHAIR WATKINS ated that it takes 4 voting memb s to decide any issues and
WATKINS won't vote becaus e is too close to the Hamilton 'amily and he has been involved
with this property in the past.
Patty Livingston stated Mr. Hamilton .oke in support o + is request.
Commission discussion.
The question was called and it FAILED 4-0.
COMMISSIONER JANZ MOVED to reco+ ='d that the Kodiak Island Borough Assembly
approve the rezoning of Larsen Bay Sub+ ision, .ct A; Block 16, Lots 10; from R1 -Single
Family Residential to B -Business. r e motion SECONDED by COMMISSIONER
KERSCH.
Close regular meeting:
Open public hearing:
Teresa Carson spoke in op .osition to this request.
Close public hearing
Open regular meet
COMMISSION r' JANZ MOVED to wait until the regular meeting of Octob5, 2008 to vote
upon Case 03 f 18 so that we will have a quorum of voting commissioners. The .tion was
SECOND
q
tion was called and it CARRIED 4-0.
D. "ase 08-021. Request a rezone, in accordance with KIBC 17.72.030.0 (Mann of
ation), for Larsen Bay Townsite, Tract A, Block 16, Lot 12 from R1 -Single F. ' y
Kodiak Island Borough
September 20, 2008
P8Z Guidelines
Page 7 of 10
LPCurrent Location
& Z Case # 03-016
Peterson, Jon
Request: A rezone, in accordance with KIBC 17.72.030. C
(Manner of Initiation), for Larsen Bay Townsite, Tract A,
Block 19, Lot 4, from R-1 Single Family Residential
to B - Business.
SECOND ST
J A
Feet
0 1,000 2,000
I I I
Legend
Subject Parcel, Tr A Bk 19 Lt 4
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. Kodak Island
Borough Community Development Department.
Current Zoning Request: Rezone from R-1 SFR to B -Business
Larsen Bay Rezone Requests
Agent: Multilple
Eighteen (18) total parcels
Feet
0 1,000
1
2,000
Legend
Subject Parcels, 18 Total
Business
Conservation
Industrial
Light Industrial
Natural Use
Public Use
Single Family Residential
Two Family Residential
Multi Family Residential
Retail Business
Rural Residential
Rural Residential 1
Rural Residential 2
Split -Lot Zone
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 # 03-016
Peterson, Jon
Request: A rezone, in accordance with KIBC 17.72.030 C
(Manner of Initiation) for Larsen Bay Townsite Tract A
Block 19 Lot 4 from R-1 Single Family Residential
to B - Business.
Legend
Tract A Block 19 Lot 4
Parcels
i
4
Map prepared for the purpose of showing
the General location of the Kodiak Urban area. June, 2005.
Alaska Highway System. GPS centerline data.
National Highway System, Highways, Roads,
Streets., Alaska D.O.T. Sept. 2002
Contour information:USGS Digital Elevation Model
Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360
Created in ArcGIS 9, NAD 27, State Plane 5
Parcel information is taken from selected fields
in the current computerized property records in
the Assessing Dept. This data has not been
reconciled with data contained in manual files
which may be more up-to-date. Kodiak Island
Borough Community Development Department.
Public Hearing Item VI -I3
MEMORANDUM
DATE: September 10, 2008
TO: Planning and Zoning Commission
FROM: Community Development Department
SUBJECT: Information for the Sept. 20, 2008 Regular Meeting
CASE: 03-016
APPLICANT: Jon Peterson
REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of
Larsen Bay Subdivision, Tract A; Block 19, Lots 4, from R1 -Single-
family Residential to B -Business
LOCATION: 1207 First Street
ZONING: R1 -Single-family Residential
Seventeen (17) 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 (I) privately owned parcel is zoned B -Business and
the Larsen Bay Airport is zoned LI -Light Industrial.
2. Lot Size: Tract A, Block 19, Lot 4
Existing Land Use:
Lot 1, Block 1
4. Surrounding Land Use and Zoningl
North: Tract A, Blk 16, Lot 10
Use: Single-family Residential
Zoning: R1 -Single-family Residential
South:
Case 03-016/Staff Report
Tract A, Blk 19, Lot 6
Use: Single-family Residential
Zoning: R1 -Single-family Residential
39,000 Sq. Ft.
Lodge/Residential
Page 1 of 25 September 20, 2008
East:
West:
Tract A, B
Use:
Zoning:
Tract A, B
Use:
Zoning:
Tract A, 13
Use:
Zoning:
5, Comprehensive Plan:
Public Hearing Item VI -B
Ik 19, Lot 7
Single-family Residential
RI -Single-family Residential
Ik 19, Lot 3
Single-family Residential
R1 -Single-family Residential
Ik19,Lot 5
Single-family Residential
RI -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.
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;
By petition of one or more owners of property within an arca 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.
1732.055 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 03-016/Staff Report Page 2 of 25 September 20, 2008
Public Hearing Item Vt-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 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 03-016/StaffReport
Page 3 of 25 September 20, 2008
Public Hearing Item VI -B
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 03-016/Staff Report Page 4 of 25 September 20, 2008
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:
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 03-016/Staff Report Page 5 of 25 September 20, 2008
Public Hearing Item VI -B
5. Wetlands
Filling and draining of water bodies, Roadways, 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 03-016/Staff Report Page 6 of 25 September 20, 2008
Public Hearing Item VI -B
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;
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 03-016/Staff Report Page 7 of 25 September 20, 2008
Public Hearing Item VI -B
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.
•S 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 03-016/Staff Report Page 8 of 25 September 20, 2008
Public Hearing Item VI -B
❖ 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.
4• 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 wildemess 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 03-016/Staff Report Page 9 of 25 September 20, 2008
Public Hearing Item VI -B
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.
Sportfishing, 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 03-016/Staff Report Page 10 of 25 September 20, 2008
Public Hearing Item VI -B
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 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 03-016/Staff Report
Page 11 of 25 September 20, 2008
Public Hearing Item VI -B
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.
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Public Hearing Item VI -B
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:
•8 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 03-016/Staff Report
Page 13 of 25 September 20, 2008
Policies:
Public Hearing Item VI -B
❖ Explore the feasibility of regular ferry service to conununities 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 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 03-0 I6/Staff Report
Page 14 of 25 September 20, 2008
Public Hearing Item VI -B
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.
❖ 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 trashthat 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 03-016/Staff Report Page 15 of 25 September 20, 2008
Public Hearing Item VI -B
❖ 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 anddiesel 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 03-016/Staff Report Page 16 of 25 September 20, 2008
Public Hearing Item VI -B
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:
•3 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:
•S 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:
•S 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 03-0I6/Staff Report Page 17 of 25 September 20, 2008
Public Hearing Item VI -B
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.
4• 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 03-0 la/Staff Report
Page 18 of 25 September 20, 2008
Public Hearing Item VI -t3
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.
•S 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:
S• 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.
•b 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
Iandowners.
Chanter 10 - Environmental Quality
As previously mentioned, the City of Larsen Bay provides the community with a supply of
potable treated water. The water shed for the city reservoir is located south of the Townsite and
extends substantially into the KNWR. While unlikely to affect the water supply, potential
sources of water pollution to the surrounding marine waters include: 1) community sewage
outfalls; 2) failing on-site septic systems located close to tidewater; 3) fish processing and waste
disposal; and 4) non -point pollution sources.
Case 03-016/Staff Report
Page 19 of 25 September 20, 2008
Public Hearing Item VI -B
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 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 waysto 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 19,
Lot 4, 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 03-016/Staff Report Page 20 of 25 September 20, 2008
Public Hearing Item VI -B
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 Tots 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 usescurrently located on the site.
CONFORMANCE WITH THE COMPREHENSIVE PLAN:
The 2008 KIB Regional Comprehensive Plan Update designates Lot 4 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 conunercial 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 4 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 sec 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 4 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 03-016/Staff Report
Page 21 of 25 September 20, 2008
Public Hearing Item VI -B
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 fullrange 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 requests in Larsen Bay will likely reviewed on a similar case-by-case basis. As
previously mentioned, the B -Business zone does not lend itself to the mixed use zoning approach
because of the wide range of uses that are permitted in that zone. It is expected that the B -
Business zone will require the same degree of segregation from residential uses and structures as
it currently does in the City of Kodiak and along the Kodiak road system.
One of the more significant issues to be addressed in this case is the indication from the Larsen
Bay City Council (Reso. No. 08-05) that city infrastructure may be inadequate to support
additional commercial lodging operations. Staff has taken note that during recent years there has
been a great deal of turnover in the office of mayor and city office staff. In addition to the
Case 03-016/Staff Report Page 22 of 25 September 20, 2008
Public Hearing Item V1-13
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 concems 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 4 from R1 -Single-family Residential to B -Business be
DENIED. The site appears to be largely residential in nature and it could increase the potential
use of community infrastructure to rezone this site to B -Business. The bunkhouse on the site
does not appear to meet building or fire safety codes. The petitioner has other options to upgrade
the bunkhouse and attach it to the main house with a breezeway in order to operate as a bed and
breakfast (assuming that the bunkhouse is properly submitted for a plan review by the Alaska
State Fire Marshal).
Case 03-016/Staff Report Page 23 of 25 September 20, 2008
Public Hearing Bern VI -B
APPROPRIATE MOTION
Should the Commission agree with the staffrecommendations, the appropriate motions are:
Move to recommend that the Kodiak Island Borough Assembly approve
the rezoning of Larsen Bay Subdivision, Tract A; Block 19, Lots 4; from
RI -Single-family Residential tg 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 RI zoning district by converting to a Bed & Breakfast use and by further joining together
the existing A -frame house and adjoining bunkhouse structures. This request has been held in
abeyance for five or more years awaiting an update to the KIB Regional Comprehensive Plan
and it is now time to make these long awaited decisions in order to restore and maintain the
balance between residential and commercial uses in the Larsen Bay community.
Because the community leadership capacity has diminished in recent years due to the turnover of
leadership and administrative staff, the recommendations in this case are limited to those Lots
where existing lodge use and structures are established in order to maintain the status quo level
of both commercial benefits to the community and related community impacts associated with
lodge uses. The current RUBA Assessment Report and associated utility rate study, in
conjunction with the most recent resolution adopted by the Larsen Bay City Council indicate a
need for change to occur in the community leadership and administration in order to re-establish
continuity of government operations and restore community sustainability before more
commercial development potential is considered for the Larsen Bay Community.
17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Obiectives
of the Comprehensive Plan.
Case 03.016/Staff Report Page 24 of 25 September 20, 2008
Public Hearing Item VI -B
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 03-016/Staff Report Page 25 of 25 September 20, 2008
LARSEN BAY POPULATION
1982 to 2007
250
200
150
100
50
0
POPULATION
• • • •
19821983198419851985198719881989199019911992199319941995199519971988799920002001200220032004200520052007
tPOPULAI1ON
Case Number
03-011
03-011
03-011
03-016
03-010
08-021
Legal Description _
Larsen Bay Townslte, Tract A, Block 1,
Lotsl-3
Larsen Bay Townsite, TractA, Block 2,
Lots 2,3&4
Larsen Bay Townsite, Tract&Block
3, Lots and 2
Larsen Bay Townslte, Tact A,
Block 19,1004
Larsen Bay Townslte, Tract A,
Block16, Lot10
Larsen Bay Townsite, Tract A,
Block 16, lot12
u=s s ape
Larsen Bay Lodge Complex
vacant
Uyak Bay Lodge
Portal! Lodge
Bayside Inn
Kodiak Lodge
_rAGL erive
Michael and Lisa Carlson
Mel Wattum- Lots 2 & 3;
Tammy Helms Lot4
Joel Wattum
Ion Peterson
James Hamilton
Danl. Maschmedt
I
wwwlarsenbavlod.e.rom
NA
w.vwwakbavlotl¢e rum
YM'wAsh.net/lonPeterson
NA
WWw.kodlaklodge.rom
Tons 8 Mengel
Payment of Bed Tax (to the city of LB)
Unknown
NA
Unknown
Unknown
Unnkown
Unknown
Borough Land Assessed Value (TY2007)
Lotl-$10,000
Lot 2 -$10,000
Lot 3-$33,600
Lott-$20,000
Lot 3 -$3,800
Lot 4-$30,000
Lot 1 -$10,000
Lot 2 -54,800
Lot 4-$5,300
Lot 10-$6,300
Lot 12 -$10,000
Borough Building Assessed Value
(M007)
Lot 1 -5188,300
Lot 2-$0.00 (Vacant)
Lot 3-5148,600
Lot 2- $0.00 (Vacant)
1003-$0,00 (Vaunt)
Lot 4-$0.00 (Vacant)
Lot 1 -$208,200
Lot 2- $0.00 (Vacant)
Lot 4-572,600
Lot 10 -533,600
Lot 12 -$106,400
City Sales Tax?
Unknown
NA
Unknown
Unknown
Unknown
Unknown
Structure
Grandfathered Structure(s) orune 7
Maybe
NA
No
No
No
No
Zoning Compliance?
No
NA
No
Unknown
No
No
Original Building Design Category(Lodge,
B&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
Yes
Provide Other Services 7
yes
NA
Yes
No
Unknown
Yes
Lodging or Rooming Capacity
(Excluding staff/managemeniguldes)
'
31 Guests (plus staff) Approx. 18 guest
rooms total
11 Guest Rooms (Est. 22 guests Max.
per website) Petitioner Indicates a
reduction In guest rooms due to
changing floor plan and currently
operating at 16 guests Max. and 3
staff.
4 guests (Bunkhouse)
12 couples Or 12 Individuats
(Est. 22 guests Max. per
website)
City eeMces
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
Yes
Electdcal Power Rate
NA
Served by Clty Garbage
Yes
NA
Yes
Yes
Yes
Yes
State ReaulWLents
Alaska Business License
Yes
NA
Yes
Unknown
Unknown
Yes
Business license Number
727508 Larsen Bay Adventures, LLC;
403098 Larsen Bay Adventures; 200639
Larsen Bay Lodge INC
907797 Uyak Bay LLC
705446 Lan A. Peterson Guide
Service
165434 Bay side Inn
196816 Bayside Inn
4218046 Bayside Inn
240388 Kodiak lodge at
Larsen Bay LTO
Fire Marshal Review
Unknown
NA
Unknown
Unknown
Unknown
Unknown
Fire Marshal Permit No.
Unknown
NA -
Unknown
Unknown
Unknown
Unknown
porouah Reoulrmeots
Zoning compliance Permit
No
NA
No
No
No
No
Borough Tax Paid TY2007
Parrs: Size
Building Height
Varies, Unknown
NA
Unknown
Varies, Unknown
Varies, Unknown
Unknown
As-Built Survey
No
NA
Yes
No
No
Community Bene fit.
Owner live In Larsen Bay?
Unknown
NA
Unknown
Unknown
Unknown
No
Lodging Use Hire Local Employees?
Unknown
NA
Unknown
Unknown
Unknown
Unknown
Comprehensive PIcp/nun
Comprehensive Plan Designation
Mixed
Commercial/Waterfront/Residential
Lots 2 and 3-Commercial; Lot 4-
Residential
Residential
Commercial
Commercial
Commercial
CITY OF LARSEN BAY
PO BOX 8 • LARSEN BAY, ALASKA • 99624
PHONE: 967-847.2211 • PAX: 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 Balt 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 prrmits. -
PASSED AND APPROVED by a duly constittited quorum of the City of Larsen Bay
This /9I" day of Fin (? v t a -;y
aooa .
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
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
,sj.dvisor 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
n
❑ El
0 El
The utility is receiving revenues (user fees or other sources) sufficient to cover
operating expenses and Repair & Replacement (R&R) costs.
YTD revenues are at a level equal to or above those budgeted.
YTD expenditures are at a level equal to or below those budgeted.
A monthly manager's report is prepared.
Budget amendments are completed and adopted as necessary.
The City of Larsen Bay drafted and adopted a FY 08 budget with RUBA assistance but it
has not begun the FY 09 budget process.
RUBA staff will assist the City Clerk with preparing the proper financial reports so they
can be submitted to the Council monthly.
The interfacility bills have not been paid for at least 8 months due to not having a
consistent office staff.
The water and sewer revenues are not sufficient to cover operating expenses. The City
subsidizes its water and sewer utility through the fuel and electric sales.
Manager/ operator reports are given verbally when requested from the Council.
Essential Indicators Report Page 3
Accounting Systems
Essential Indicators
Yes No
❑ ►4 The utility has adopted a collection policy and actively follows it.
❑ ►� The utility bills customers on a regular basis.
® ❑
▪ ❑
® ❑
® ❑ The utility has a cash disbursement system that records how money was spent.
Sustainable Indicators
® ❑ A chart of accounts is used that identifies categories in a reasonable, usable manner.
® ® Monthly bank reconciliations have been completed for all utility accounts.
• ❑ The utility has a purchasing system that requires approval prior to purchase, and the
approval process compares proposed purchases to budgeted amounts.
Although the City has an adopted collection policy, it has not been actively or
consistently enforcing it. The City utilizes QuickBooks for accounts receivable, accounts
payable and payroll. The QuickBooks system is set up properly and has been a tool in
the past to reliably keep the City's finances in order. Currently bills are not going out on
a regular basis due to staffing issues. It is recommended the Council review and
implement the City's collection policy immediately.
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 City utilizes QuickBooks for accounts receivable, accounts payable and payroll. The
QuickBooks system is set up properly and bas been a tool in the past in keeping the
City's finances reliably. Unfortunately in the past few years the employees responsible
for accounting entry failed to enter data or execute the program functions properly, which
has lead to the City writing numerous NSF checks and an inaccurate accounting of the
cash on hand.
Essential Indicators Report Page 4
Tax Problems
Essential Indicators
Yes No NA
® ❑
❑
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
0 El
z
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
9 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.
►1
9
9
Sustainable Indicators
❑ ® The utility has adopted an organizational chart that reflects the current structure.
❑ 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
El
NN NOON ❑N
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 fmancial.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: 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. 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 fax. Most municipal funds come
from service charges and other revenue sources."
The City and other local organizations currently provide the following services:
1 Street and sidewalk maintenance, with assistance from the Tribal Council
1 Electricity
1 Water and sewer
1 Health services provided by KANA
1 Cemetery
Page 20 J January. 2008
Kodiaklsland
BOROUGH
Compmaenalve Plan Update
Chapter Eleven 03 Local Communities
Kodiak Island Borough - Larsen Bay: Proposed Future Land Use
caROUGr
comprohonstro Pian Updato
Conservation
E. Industrial/Light
Industrial
CommercialMixed Commercial/
Waterfront/ Residential
0 Residential
Public Use
Source: Kodiak Island Borough GIS, 2006
4 Library, senior facility and Culture Center operated with assistance from the Tribal Council and
Kodiak Senior Services
4 School/educational services provided through the Kodiak Island Borough School District and
Kodiak Island Borough (selected maintenance and improvements)
4 Small boat harbor
! Solid waste management
t Emergency response provided through theCommunityEmergency 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 -I
Current zoning designations are shown on Figure 11.3. A subsequent draft of this Plan will include
a map of proposed future land use designations based in part on the results of Comprehensive
Plan update meetings.
A local village corporation, Nunachkpit, was formed for Larsen Bay under the American
Native Claims Settlement Act (ANCSA) . Nunachkpit later merged into the Koniag, Inc. Native
Corporation. As a result of this merger, Koniag owns and manages much of the land immediately
adjacent to the City of Larsen Bay and of the neighboring Kaduk 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 J, January. 2008
Kodiaklsland
BOROUGH
Compohonsivo Pian Update
Chapter Eleven tit 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.'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 gravel airstrip that receives regularly scheduled Bights 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 d, 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 Ouality
The local climate in Larsen Bay supports a wide variety of plants, animal and bird life. Marine
mammals such as whales, sea Bons, 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.
Page 24 d, January. 2008
Kodiaklsland
BOROUGH
Comprehensive Pbn Update
Chapter Eleven A 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 J, Local Communities
Kodiaklsland
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mprehonslvo Plan Update
Page 25 d, 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.
B. 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
A Coordinate with the Borough on building and development issues
♦ Define and develop key relationships that will support Larsen Bay in obtaining its community
vision.
Implementation Actions
* Dedicate a specific Borough employee to communicating with the villages.
* Establish a Standing Education Committee comprised of members of the City Council, Tribal
Council and teachers in the community.
* Upgrade City of Larsen Bay Government to better support Larsen Bay's people and strategic
goals, including:
1. Establishment of personnel policies.
2. Review of City Revenue Structure.
3. Review of pay scales and job descriptions.
* Determine what additional resources the City will require to support its role in achieving the
Community Vision.
* Review and Develop City of Larsen Bay Planning and Zoning that are consistent with and
supports the Community vision.
Page 26 J, January, 2008
Kodiaklsland
BOROUGH
Comprehonslva Plan Update
Chapter Eleven J, local Communities
Economy
Goal: Retain residents.
Policy
A Improve economic opportunities in Larsen Bay.
Implementation Actions
* increase Government Revenues through expanded services and development of
infrastructure.
* Provide Comprehensive CommunityServices 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 Sablefish.
* Develop a strong working relationship with the Icicle Seafoods cannery.
* Develop additional industries and businesses that are attractive to Larsen Bay.
* Develop infrastructure that will support increased economic development activity and provide
necessary services.
* Require that public education in Larsen Bay meet or exceed established educational
standards for formal education required for students to excel in the trade or.profession of their
choice and culture place -based education that establishes positive self-awareness and self
esteem in community youth.
* Consider educational options that are alternative to and in addition to the Kodiak Island
Borough School District such as:
1. Continuing education
2. Charter school in Larsen Bay
3. Fishing School
4. Other similar options.
Chapter Eleven id local Communities
BOROUGH
Comprehensive Plan 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 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.
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
tankfarm and clean up of scrap metal.
* Perform Community beautification in association with Community Togetherness goals and the
Larsen Bay Youth Council goals.
* Develop an insect control program that is effective but not harmful to existing economic
development such as the Icicle Seafoods cannery and tourism.
* Continue developing the Bear Management program in association with the State of Alaska
Fish and Game and Kodiak Island Wildlife Refuge.
* Perform review of status of Village Safewater and planning for future Village Safewater that
supports the Community Vision.
Other
Goal: Preserve and enhance community togetherness and
cultural awareness.
Implementation Actions
* Develop an annual community gathering calendar and let people know when gatherings are
happening.
Page 28 A January. 2008
Kodiaklsland
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Comprehensive Plan Update
Chapter Eleven J3 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/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:
I. Work days to help each other clean up yards.
2. Beautifying historic cemeteries.
3. Other similar activities.
Aglel-gettaber
€xosting Conditions
Chapter Eleven 3 local Communities
BOaR19�UGH "
Cnmpmhe Plan OptlH
NOTE TO READER: ITEMS THAT HAVE A INDICATES EXISTING CODE LANGUAGE
THAT IS PROPOSED TO BR DFT,ETED. _UNDERLINED LANGUAGE Ic 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 numberof 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,
lodger etc.
If the proposed use complies with the criteria for exemption to the transient accommodation tax
(Section 3.30.040 of Title 3 of the MB Code), then a certificate of exemption (Section 3.30.060 of
Title 3 of the MB Code) shall be provided to Community Development staff.
ZONING DISTRICT
B&B
HOTEL
BOARDING
HOUSE
LODGE
MOTEL
RECREATION
CABIN
VACATION
HOME
W - Watershed District
WH - Wildlife Habitat District
NU—Natural Use District
P
C— Conservation District
P
P—
under 6
C— over 6
P
P
LI — Light Industrial District
RB — Retail Business
P
P
P
RD - Rural Development District
P
C — more
than 15
guest
P
P
RNC - Rural Neighborhood
Commercial District
P
P
P
RR2 - Rural Residential Two
District
P
P
RR - Rural Residential District
P
P
RR]. - 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
SEP. 17. 2008 1:17PM REMAX EQUITY GROUP INC.
NO. 6264 P. 1/1
KODIAK ISLAND BOROUGH
£OMMLNIi'Y DEVELOPMENT] EPARTMENT
110 Mill nay Road, Kodiak, Alaska 99615
Public Hearing Item VI -B
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 tba Kodiak Island
Borough Planning and Zoning Commission, to hear comments if any, on the following request
CASE:
APPLICANT:
REQUEST:
ZONING:
03-016
Ion Peterson
Request a rezone, in accordance with KIBC 17.2.030 (Manner of Initiation), of
Larsen Buy, Tract .A, Block 19, Lot 4 from R1 -Single Family Residential to 13 -
Business.
37tr7 Ftrcr St,p'r T ysen-Bwy
111 -Single Family Residential
lids notice is being seat W you because ow records indicate you are
the request. If you do not wish to testify verbally, you mayprovide your
to the Community Development Department army to the meeting,
a property owner/interested party in tba area of
comments in We space below, or in a letter
If you would like to fax your comments to us,
via telephone, please call in your comments
local cull -in telephone number is 4864231.
held immediately following the regular work
Room (11121), to review the packet
rights if' you disagree with the Commission's
orYoy; appeal rights, please. fee Vit�e,�, to call us
Y. 6. ILA KSEN �/i/, �7S
gb9Ca SIN 5l i !V
our fax number is: c907) 486.9396. If you would like to testify
during the appropriate public hewing section of the meeting. The
Tho toll free telephone number is 1-800.478.5776.
Oa Wednesday; September 10, 2008, a special work session will be
session scheduled at 700 pm. In the Kodiak Island Borough Conference
material for the ease.
Kodiak Island Borough Code provides you with specific. appeal
decision an this request. If you have any questions about the request
at 486-9363.
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End of
Assembly Appeal Packet
Case 03-016
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
NOVEMBER 6, 2008.REGULAR;MEETING
ITEM NO: 13.E.1
TITLE:
Assembly Review of Case 03-016 Denial of Rezone of Larsen Bay Townsite Subdivision,
Tract A, Block 19, Lot 4 From R1 -Single Family Residential To B -Business and Directing
Staff to Prepare an Ordinance for Introduction.
SUMMARY:
The Planning and Zoning Commission, at its special meeting in Larsen Bay on September 20,
2008 adopted findings of fact in support of its decision on May 9, 2008 to denv a rezone of
Larsen Bay Tract A, Block 19, Lot 4 from the R1- Single Family Residential district to the B —
Business district.
In their findings of fact, the commission cited the following as reasons for their denial
recommendation:
• The nature and scale of potential Business zoned uses on this parcel is not consistent
with the current residential character of the area.
• A rezone to B -Business will create additional commercial development that will require
additional resources from the City's limited infrastructure that has been found by the
state of Alaska to be substandard.
• The scale and the present use of the property are more suited to a "Bed and Breakfast"
establishment that is allowed in this district if the landowner connects the two structures.
• Denial of this request is based upon conditions currently existing in the community which
may be expected to change some time in the future when the community is better able
to support on a sustainable basis further commercial development. At that time, the
parcel should be reexamined for its B -Business potential
• Also to be considered is the resolution adopted by the Council of the City of Larsen Bay
requesting a "halt to future building in Larsen Bay because the city's infrastructure
presently is "over taxed"
ASSEMBLY ACTION:
According to MSC 17.72.Submission to the Assembly, it is stated:
B. If the commission recommends denial of any proposed amendment, its actions 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 Assembly
In response, the Assembly needs to review Case 03-016 and determine:
• If the case should move forward- by directing staff to prepare an ordinance for
introduction that rezones this parcel fro ' R1 -Single Family Residential to B -Business; or
• Uphold the Commission's decision and motion directing staff not to prepare an
ordinance for introduction that rezones this parce + -Single Family Residential to
B- Business
• Included with this packet is KIBC Chapter 17.72 and a flowchart identifying a decision
tree for the elevation.
Continued on the next page.....
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
NOVEMBER 6, 2008 REGULAR MEETING
APPROVAL FOR AGENDA:
RECOMMENDED MOTION: Move to direct staff to prepare an ordinance for introduction to
rezone Larsen Bay Tract A, Block 19, Lot 4 from R1- Single Family Residential district to B -
Business District. Staff recommendation based on the decision of the Planning and Zoning
Commission is to fail this motion.
Clerk's note: Requestor was informed that he had 10 working days to file a written statement
with the clerk requesting that the commission's action be taken up by the Assembly. The code
states a requestor has 10 days (10 calendar days as opposed to working days.) Following the
code, the request is late by one day.
Close regular meeting:
Open public hearing:
Close public hearing:
Open regular meeting:
Commission discussion
FINDINGS OF FACT
Section 17.72.020 states that the Commission shall incorporate the following criteria into their
report to the Assembly:
17.72.020 A. Findings as to the Need and Justification for a Change or Amendment.
The purpose of the rezone is intended to create commercial zoning districts to accommodate
existing lodge uses and structures located along the eastern edge of the Larsen Bay Subdivision.
The petitioners have indicated that the rezone is needed as the only feasible way for them to
move into zoning compliance status. This request has been held in abeyance for five or more
years awaiting an update to the KIB Regional Comprehensive Plan and it is now time to make
these long awaited decisions in order to restore and maintain the balance between residential and
commercial uses in the Larsen Bay community.
Because the community leadership capacity has diminished in recent years due to the turnover of
leadership and administrative staff, the recommendations in this case are limited to those lots
where existing lodge use and structures are established in order to maintain the status quo level
of both commercial benefits to the community and related community impacts associated with
lodge uses. The current RUBA report and associated utility rate study, in conjunction with the
most recent resolution adopted by the Larsen Bay City Council indicate a need for change to
occur in the community leadership and administration in order to re-establish continuity of
government operations and restore community sustainability before more commercial
development potential is considered for the Larsen Bay Community.
17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of
the Comprehensive Plan.
The Kodiak Island Borough has not established a Mixed -Use zone in order to fulfill the literal
intent of the plan designation. As a result, the Mixed -Use designation will need to be fulfilled on
a case-by-case, lot -by -lot, zone -by -zone basis, in conformity with a generalized view of the
comprehensive plan designations as previously discussed in the staff report.
While the recommended zone changes are not entirely consistent with the explicit plan map
designations in the 2008 KIB Regional Comprehensive Plan Update, the recommendations do
take into account existing development patterns, community comments, plan recommendations
(generally) and the sustainability of the community infrastructure and social fabric of the
community.
The question was called and it FAILED 4-0.
i B. Case 03-016. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation),
of Larsen Bay, Tract A, Block 19, Lot 4 from R1 -Single Family Residential to B -Business. The
applicant is Jon Peterson. The location is 1207 First Street, Larsen Bay, and the zoning is Rl-
Single Family Residential.
Dvorak gave a staff report.
Kodiak Island Borough P&Z Guidelines
September 20, 2008 Page 5 of 10
4
COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly
approve the rezoning of Larsen Bay Subdivision, Tract A; Block 19, Lots 4, Gum R1 -Single-
family Residential to B -Business. The motion was SECONDED by COMMISSIONER
JUENGER.
Close regular meeting:
Open public hearing:
Bob Maschmedt spoke in support of this request.
Teresa Carlson spoke in opposition of this request.
Patty Livingston spoke in opposition of this request on the behalf of the Alpiak's, which lives
next door.
Close public hearing:
Open regular meeting:
Commission discussion.
The question was called and it FAILED 4-0.
COMMISSIONER JANZ MOVED to adopt the "Findings of Fact" in the staff report dated
September 10, 2008 in support of this recommendation. The motion was SECONDED by
COMMISSIONER JUENGER.
FINDINGS OF FACT
Section 17.72.020 states that the Commission shall incorporate the following criteria into their
report to the Assembly:
17.72.020 A. Findings as to the Need and Justification for a Change or Amendment.
The purpose of the rezone request is intended to create commercial zoning districts to
accommodate existing lodge uses and structures located near the western of the Larsen Bay
Subdivision, near the small boat harbor. The petitioners have indicated that the rezone is needed
as the only feasible way for them to move into zoning compliance status. Staff analysis indicates
that the nature and scale of the current use appears to be more residential than commercial at this
point in time and that a rezone to B -Business will create additional commercial development
potential that may require additional resources from the city's limited infrastructure system. Staff
analysis indicates that the scale of use on this property may be able to be made conforming in the
R1 zoning district by converting to a Bed & Breakfast use and by further joining together the
existing A -frame house and adjoining bunkhouse structures. This request has been held in
abeyance for five or more years awaiting an update to the KIB Regional Comprehensive Plan
and it is now time to make these long awaited decisions in order to restore and maintain the
balance between residential and commercial uses in the Larsen Bay community. Because the
community leadership capacity has diminished in recent years due to the turnover of leadership
and administrative staff, the recommendations in this case are limited to those lots where existing
lodge use and structures are established in order to maintain the status quo level of both
commercial benefits to the community and related community impacts associated with lodge
uses. The current RUBA Assessment Report and associated utility rate study, in conjunction with
the most recent resolution adopted by the Larsen Bay City Council indicate a need for change to
occur in the community leadership and administration in order to re-establish continuity of
government operations and restore community sustainability before more commercial
development potential is considered for the Larsen Bay Community.
Kodiak Island Borough P&Z Guidelines
September 20, 2008 Page 6 of 10
17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of
the Comprehensive Plan.
The recommendation to deny this request is one based upon conditions in the community that are
expected to change in community and while the recommendation at present is for denial, it must
be stated that the future land use designation for this area is to become Commercial at some point
in the future when the community is better able to support on a sustainable basis further
commercial development. A recommendation for denial of the requested rezone at this time does
not have an effect positively or negatively on the comprehensive plan goals and objectives,
except to say that now is not the time for such a change to occur.
The question was called and it CARRIED 4-0.
VICE CHAIR WATKINS called a 5 minute recess.
The meeting reconvened at 1:55.
C. Case 03-018. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation),
of Larsen Bay Subdivision, Tract A; Block 16, Lot 10, from RI 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 RI -Single
Family Residential to B-Businesi. 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 RI -Single Family
Kodiak Island Borough P&Z Guidelines
September 20, 2008 Page 7 of 10
200&092510:29
CITY OF TARSEN BAY 9079972239» KID P2115
CITY OF LARSEN BAY
PO Box 8 Larsen Bay, Alaska 99624
Phone :907-847-2211 Fax: 907-847-2239
E -Mail city of larsenbavtu.;aol.conl
RESOLUTION NO 08-07
A RESOLUTION REQUESTING THE KODIAK ISLAND BOROUGH PLANING, ZONING
AND ASSEMBLY TO POST PONE ACTION ON CASES REGARDING LARSEN BAY,
CASES 03-011, 03-012, 03-016, 03-018,
WHEREAS, the community unity of Larsen Bay needs to have the Planing and Zoning Plat
updated; and,
WHEREAS, the Lodges are being constructed without regard to the City of Larsen Bay's input or
permission; and,
WHEREAS, the residential homes have been converted from residential to commercial
enterprises; and,
WHEREAS, the Lodges are adjacent to residential homes and the Larsen Bay School causing
concern amongst the year around residential community members; and,
NOW THEREFORE BE IT RESOLVED THAT: The city of Larsen Bay Council request the
Kodiak Island Borough and the Planning and Zoning commission post pone the re -zoning in
Larsen Bay until these issues arc solved and that the boroughs Planning and Zoning commission
meet the Larsen Bay at their earliest convenience.
PASSED AND APPROVED by a duly constituted quorum of the City of Larsen Bay.
This t;�tp1` day of � , .ay , atm
fra
p(
SIGNED: .x. Q.-(
AYOR)
ATTEST:
City Clerk)
October 1, 2008
Nova Javier, CMC
Kodiak Island Borough
710 Mill Bay Rd.
Kodiak, Ak. 99615
Re: Case 03.016
Larsen Bay Townsite Subdivision
Tract A, Block 19, Lot 4
I am responding to the denial by the commission to rezone my property from RI to 13 -
Business. I am requesting that the commission's action be taken upby the assembly.
I have owned and operated my lodge since June 2000. When I constructed the lodge
there were no zoning issues, etc, brought up by the city and we complied with all that the
city required. We would never have gone forward if there had been any zoning issues. I
have a considerable investment in materials, equipment, shipping and construction. It is
Located near the boat harbor and away from the main part of town. Our nearest
neighbor's home is approximately 60 feet from me. We are small, but this is my
livelihood and is necessary to support myself and my family. In addition we bring
additional revenue to the city.
The commission stated that future development on our property would require aMitional
resources from the city's limited infrastructure system. The same would be true for any
of the lodges that are in Larsen Bay and were constructed after ours, but they were given
B -Business zoning. Therefore, we believe we should be grandfathered in and a
moratorium on future development would be a more equitable decision.
I will be ranking the changes recommended by the commission to connect the bunkhouse
structure to the A frame in June 2009.
Sincerely,
Peterson, Owner
Foxtail Lodge