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LARSEN BAY TR A BK 16 LT 12 - Rezone (2)Jack Maker From: Jack Maker Sent: Tuesday, April 22, 2014 11:27 AM To: Don Maschmedt (masch14@earthlink.net) Cc: 'Josh Leach'; stevegray@gci.net; Martin Lydick; 'Bob Pederson' (bpederson@ kod iakak.us) Subject: Zoning Compliance Permit BZ2014-033 Attachments: BZ2014-033.pdf Importance: High Good morning Mr. Maschmedt, Attached is the zoning compliance permit establishing a lodge on your Block 16, Lot 12, Tract A, Larsen Bay Subdivision property. The rezone of your property from R1 -Single-family Residential to B -Business is effective as of the date of permit issuance (April 22, 2014). Please feel free to contact me with any questions or concerns. Thanks you, Jack L. Maker Kdwl /Jew/nnrncA pea .L'. litaarm Assistant Planner Community Development Dept. 710 MITI Hay Road Kodiak AK 99615 (907)486.9362 (907) 539-1475 (cell) (907) 486-9396 (fax) )maker@ kopia kakus httP://www.kodialcatus Kodiak Island Borough Community Development Department 710 Mill Bay Rd. Rm 205 Kodiak AK 99615 Ph. (907)486-9363 Fax (907)486-9396 htto://wvvw.kodiakak.us Zoning Compliance Permit Print form l Submit by Email IIMYIIMIIIII� 20128 Permit No. BZab11i-b33 Property Owner / Applicant: Mailing Address: Phone Number: Other Contact email, etc.: Legal Description: The following information is to be supplied by the Applicant: Don Maschmedt/Larsen Bay Properties, LLC 941 Powell Avenue SW, Renton, Wa 98057 (425) 264-0900 Ext 230 donm@maschmedt.com Subdv: Larsen Bay Tract A Street Address: 1304 First Street, Larsen Bay, AK 99624 Use & Size of Existing Structures: Block: 16 Lot: 12 Unpermitted lodge consisting of a single-family dwelling, building with 7 guest rooms, dining building with commercial kitchen, and related accessory buildings (see attached current as -built survey for sizes of and their locations' on the property) Description of Proposed Action: Lock in rezone of the lot from R1- Single-family Residential to B -Business (P&Z Case No. 14-002) by formally establishing the existing lodge and related structures via after -the -fact Zoning Compliance Permit, as required by KIB Ordinance No. FY2014.09.. Site Plan to include: Lot boundaries and existing easements, eel Trig buildings, proposed location of new construction, access points, and vehicular parking areas. Staff Compliance Review: Current Zoning: Business KIBC 17,90 PROP_ID 20128 Lot Area: 1.49 Acres Lot Width: Not Applicable Bld'g Height: 50' Front Yard: Not Applicable Rear Yard: Not Applicable Side Yard: Not Applicable Prk'g Plan Rvw? Yes # of Req'd Spaces: 8 Staff Compliance Review Notes: Plat / Subdivision Requirements? This lot Is rezoned to B -Business upon issuance of this his after -the -fad Zoning Compliance Permit, as per KIB Ordinance No. FY2014-09 (required owner to obtain this permit by May 7, 2014). Parking calculation: Single-family Dwelling = 3 spaces/7 guest rooms = 7 spaces / 10 Spaces total (kiBC 17.175.040 Table 1) - 25% (KIBG 17.175.050.8) = 7.5 spaces, rounded up to 8 off-street parking spaces required. Subd Case No. Plat No. Bldg Permit No. N/A Does the project Involve NO an EPA defined facility? Driveway Permit? Septic Plan Approval: Fire Marshall: N/A If YES, do you have an EPA Retum Receipt of Notification? "Permit will not be issued until recelat Is submitted to N/A N/A N/A Applicant Certification: I hereby cerdfy that, will comply with the provisions of the Kodiak Island Borough Code and that hove the authority to certify this as the property owner, or as a representative of the property owner. I agree to have identifiable corner markers in place for verification of building setback (yard) requirements. Attachments? As -Built Survey Date: List Other. Photos, KIB Ordinance FY2014-09 Signature: This permit is only for the proposed project as described by the applicant. If there are any changes to the proposed project, including its intended use, prior to or during its siting, construction, or operation, contact this office immediately to determine if further review and approval of the revised project is necessary. THIS FORM DOES NOT AUTHORIZE CONSTRUCTION WHEN A BUILDING PERMIT IS REQUIRED. EXPIRATION:.4 zoning compliance permit will become null and void if the building or use authorized by such permit is not commenced within 180 days from the date of issuance, orifthe building construction or use is abandoned at anytime, after the, work Is commenced, for a period of 180 days. Before such work can be recommenced, a new permit must first be obtained. (Sec. 106A.4 Expiratlon. 1997 UBC) per KIBC 17.15.(160 A." CDD Staff Certification Date: ,? 1 CDD Staff: Payment Verification Zoning Compliance Permit - e Payable in tshler's Office Room 41104 - Main floor of Borough Building Not Applicable Less than 1.75 acres: 1.76 to 5.00 acres: 5.01 to 40.00 acres: 40.01 acres or more: r So.00 ✓ $30.00 ✓ $6D.00 r 590.00 ✓ 5120.00 After -the -Fact 2X the published amount 1qq AIF APR 222014 r ✓ $o.00 F $60.00 ✓ 5120.00 ✓ $180.00 5240.00 KODIAK ISLAND BOROUGH FINANCE DEPAR PAYMENT DATE `04/22/2014 COLLECTION STATION CASHIER RECEIVED FROM DON MASCHMEDT/LARSEN BAY PROPERTIES, LLC DESCRIPTION 1304 FIRST ST LARSEN PAYMENT CODE Zoning Comp! Payments: Kodiak Island Borough 710 Mill Bay Rd. Kodiak, AK 99615 r RECEIPT DESCRIPTION Zoning Compliance Permit BZ 2014 033 Type Detail Check 7490 Amount $60.00 BATCH NO. 2014-00000579 RECEIPT NO. 2014-00001147 CASHIER Teresa Medina TRANSACTION AMOUNT $60.00 Printed by: Teresa Medina Total Amoun $60.00 Page 1 of 1 04/22/2014 11:07:29 AM 0 Introduced by: Borough Manager I Requested by: P&Z Commission 2 Drafted by: Community Development Director Introduced: 10/17/2013 3 Public Hearing: 11/0712013 4 Adopted: 1110712013 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2014-09 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH REZONING LOT 12, BLOCK 16, LARSEN BAY SUBDIVISION 11 FROM R1 -SINGLE-FAMILY RESIDENTIAL TO B -BUSINESS ZONING 12 DISTRICT 13 14 WHEREAS, the Planning and Zoning Commission received a request to rezone Lot 12, 15 Block 16 Larsen Bay Subdivision, and 16 17 WHEREAS, at an advertised public hearing, consistent with KIB 17.205.040, the 18 Commission considered the merits of the rezone request; and 19 20 WHEREAS, the Commission voted to recommend to the Borough Assembly that this lot 21 be rezoned finding that the public necessity, convenience and general welfare and good 22 zoning practice would be enhanced by such action; and 23 24 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 25 and approved by the Borough Assembly. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 28 BOROUGH THAT: 29 30 Section 1: This ordinance is not of a general and permanent nature and shall not 31 become a part of the Kodiak Island Borough Code of Ordinances. 32 33 Section 2: Lot 12, Block 16 Larsen Bay Subdivision is rezoned from R1 -Single-family 34, Residential to B -Business Zoning District. 35 36 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission 37 are confirmed as follows: 38 39 17.205.020 A. Findings as the Need and Justification for a Change or 40 Amendment. 41 The applicable comprehensive plan supports this rezone which is needed to 42 bring the operation of the lodge into compliance with the Kodiak Island 43 Borough zoning code. 44 Kodiak Island Borough, Alaska Ordinance No, FY2014-09 Page 1 of 2 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 ATTEST: 68 69 70 71 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone from R1 -Single-family Residential to B -Business Zoning District would further implement the stated land use goal contained in the applicable comprehensive plan. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. The Kodiak. Island• Borough Planning & Zoning -Commission Yec ommends 'approvaroUthis reionerequest, subject to the following effective date: Prior: to the rezone becoming effective, the petitioner wilt obtain after -the -fact zoning compliance for all structures and uses established on the subject Should the zoning corripliance;requirement not be met within six (6) rnonihs of Assembty approval; this approval shall become null and void ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SEVENTH DAY OF NOVEMBER, 2013 Nova M. Javier, MMC, '•rough Clerk KODIAK ISLAND BOROUGH f /•errol Fri •(Borough Mayor 09 Page 2 of 2 0 0 0 .�+ Kodiak Island Borough, Alaska Ordinance No. FY2014- �. w..n..r LARSEN BAY MEANDER UNE g72 U.S. SURVEY 4 PR U.S. DER URVEYE4872 --%•<.2,/ .--••- / • LOT 11 A.JuvDER LINE PER U.S. SURVEY 4572 TOs150haC d Relents'go ..:entrance (sae attacked photo). It moa ofencroaeSS .at0 ret iNOMI OmWrtY (30 a; „ ea UUls Z N LOT 11 EDGE DF R.O.W. tc ND ® s FOUND 2* BRASS CAP 4, . FOUND 1-1/2' ALUMINUM CAP w FOUND 2 ALUMINUM CAP 04 - MEASURED DIMENSION (R) o RECORD DIMENSION (PLAT 2009-14) (C) a CALCULATED DIMENSION 0 = ELECTRIC SERVICE 8O% - COMMUNICATION PEDESTAL - WATER WEU. BLSS U BURING-ROR11114011CUI OARRI r p rwim AT THEWOKS! 8A56 Dr fDLOT 0 MO ID M 801006 t0 TSR IK'ts NCnE o CR DOURER Of LOT 1 N� x G050 or lM 10 Woe FOUR Mt& G 4E _ RDERDICE- US 50RkT a MORRO WREK MI RECCRONG RO. CORDED RA ROM EDA RAI ..g 22001-14. RE W i ¢ RNODW RECO as 225.961R) L- n-. nc•. _ • ...................... EDGE OF iD ALL CO 0016, WR✓OUOCS' E SU0 , covouNIS. S fpN504, REEMC1016 OF MAT Or RFURO.,.uc 90' en vsiv.i iu ams°" Cencron-lal p, W AS—BUIL Legal DescnPLon�. CT A - TO N4)E OF LARY BLOT 162 6.5. SURVEY 4872 LK mei 200934 _ .1,4141.100A, .•}„ 111.14,"11_6L Photo showing electrical box is not encroaching onto neighboring property (electrical box symbol on as -built dated 2/21/2014 made it appear as if it was encroaching). Photo showing shed that was encroaching onto neighboring property (as per as -built survey dated 2/21/2014) has been relocated onto Mr. Maschmedt's property. A., LARSEN BAY ...n.... n.._ n.._ n., n.._,^.. ~ ... MEANDER SN SURFRVEYE4872 �h U,SURVEYE4P 872 �yr� r 1,4 225.96'(8) /r U.S. SURRVEEY 4872 ,1 same •• aduallY ISNoale or Is It lusltl,e silo of RsIdentifying symboi IM% makes lt appear 9lllil. s shed is enaoutln9 and must be Mocated so 11 completelY on Yawl ptopeM' LOT 11 LOT 11 0 2 LOT 12 65196 Sq. Feet 1.497 Acres 214.14• R EDGE OF R.O.W. ® a FOUND 2' BRASS CAP a FOUND 1-t/2" ALUMINUM CAP 0 a FOUND Y ALUMINUM CAP (M) v MEASURED DIMENSIONT 2009-i 4) (R) a RECORD DIMENSION (C) a CALCULATED DIMENSION ONX ELECTRIC SERVI COMMUNICATION PEDESTAL Al v WATER WELL PASSKis OF Bfl MOON- DR IYORAN DAM A7 RE SOU11M41 U ROLOT 11 OC 15 YUP IlW9UA YIP FOuNI KUNOR OF COT 11 ROCK 16 110 ROOF LOT 11 LIE % 5140 T R00R9 ALONG ME 11f51C7EY WR1BR DC l01 10 BWO( 16 AIO (VE 0.( PE/ INCE-SURVEY 1872 RECORDED 9110.E Maw DEC ORNOO stB t pLIS.1A1 NUMBER 2008 I� MOROROON, d THE 1 RONO a ' KOOVX rut RNB011009-14, RECORDED N IRE VIDLW p1A1 wwuR 1m9- 843046" E 11110..4111100.YD1DYt EDGE OF R.0.W. I T� 90' 0� A5 -BUILT A - TOWNSIIE OF TARS U.S. SURE'{ 4612 PLOT 1009-11 KOPTAK RKCORD:NC D 14- 4 a! X.5 tC9 .ala File Memorandum Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us PID: 20128 Legal Description: Lot 12, Block 16, Tract A, Larsen Bay Subdivision Street Address: 1304 First Street, Larsen Bay, AK 99624 Date: March 6, 2014 To: File Staff/ From: Jack Maker Gip RE: Phone conversation with Mr. Don Maschmedt I spoke with Mr. Don Maschmedt via phone on this date. I advised him of what action he would need to take in order for his as -built survey to suffice as a site plan for issuance of a Zoning Compliance Permit establishing a lodge on his property (please see email in file). I passed that he would need to address those issues in a manner that would provide sufficient time for him to obtain the permit by May 7, 2014 and that failure to obtain the permit by that date would result in the rezone to B -Business being null and void (Case No. 14-002). •:lc Jack Maker From: Jack Maker Sent Thursday, March 06, 2014 9:48 AM To: 'Don Maschmedt Cc: Brian Kincaid (bkincaid@oldharbor.org); Martin Lydick; Neil Horn Subject: RE: As -Built Survey Requirement Letter Attachments: Kodiak Lodge As Built Mark-up 3-6-14 JLM.pdf Importance: High Good morning Mr. Maschmedt, I've reviewed your submitted as -built survey and the following issues must be addressed before our department can issue a zoning compliance permit for your lodge: 1. The 8.3' by 8.4' utility shed along the eastern property line is encroaching onto the adjoining property and must be relocated so it is completely on your property. a. Please provide a photo of its current location and a photo after it has been relocated onto your property. Once it is relocated onto your property, please indicate its new location by drawing it on the as -built. 2. The electrical service box for the kitchen/dining wood frame building along the eastern property line appears to be encroaching onto the adjoining property (this may be due to the size of the symbol used for the box). a. If the box is encroaching, it will have to be relocated. If it is not encroaching, please provide a photo showing the box and we will annotate the as -built accordingly. Please be advised that these issues need to be resolved in a manner that will allow you adequate time to obtain a zoning compliance permit by no later than May 7, 2014. Failure to address these issues and obtain the required zoning compliance permit by that date will result in your rezone being null and void. Please feel free to contact me with any questions or concerns you may have regarding this matter. Thank you, Jack NalBownera fesek Mks Assistant Planner Community Development Dept. 710 Mill Bay Road Kodiak AK 99615 (907) 486-9362 (907) 539.1475 (cell) (907) 486-9396 (fax) jmaker@kodiakak.us http://www,kodiakak.us ALSD Lift- ft iE M£sVOEs by ¶MSMMS ?HOPE *- uti,c. Pho)4 1 MEANDER LINE4PER 572 U.S. SURVEY Is me electrical sonic. box actually encroacking oc is Must the size o11he idenUtf vo9 symbol Not mattes it appear as Wats. MEANDER LINE PR —\ U.S. SURVEY 4 U.S. SURVEYE4,972 —X: K t: it Sf 225.96'(R) .................... ten.......... -- — .--. -- EDGE or R.Q. LOT 11 N LOT 11 �r-•EDGE OF R.O.W. • .10102 e, POUND 2 BRASS CAP NUM CAP FOUND 1-1/2- 0 = FOUND 2' AUJWNUM CAP (M) w MEASURED DIMENSION (R) m RECDRD DIMENS(PLAT 2009-14) (C) n CALCULATED DIMENSIDN O ELECIRIC SERVICPEBOX • COMMUNICATION ®o WATER WELL DARN 85 BUS aF9FFRA, Roi AY4RICARRNDTIR UP Mule Al IRE R %M EM Bisr Cr RON 151WA CAP cOMMA or LOT 11 6 SARO OF LOT 10 &OLX 16 MC 7K @IIm fruliG FEMME -IWI 4812. pECpppFp N DE NU1tR RAILLS wMAORR 69"; RIMER IREUDEDID IR DE D 6! XDW RRAA1 TOCO-14, =Oen to nth NI�.i SIRS SI 'anon �"o °, ¢ossxto mows wthos ie ®ss1¢t �yc un R( TRACT6A - TDWNStiELCF IAR${ U.S. SURL'EY 4872 009-14 Jack Maker From: Don Maschmedt <masch14@earthlink.net> Sent: Monday, March 03, 2014 2:11 PM To: Jack Maker Cc: Jon Edwards Subject: Re: As -Built Survey Requirement Letter Attachments: Kodiak Lodge As Built 03-03-2014.pdf Importance: High Good aftemoon Jack, Please see attached the as built drawing for Kodiak Lodge as required. Please confirm receipt and let me know if you have any questions or need anything further on our end. Thanks. Don Maschmedt. On Nov 12, 2013, at 12:06 PM, Jack Maker wrote: Mr. Maschmedt, The attached letter was sent to the Larsen Bay Properties Renton address via certified mail today. I'm sending it via email to ensure you receive it. Please feel free to contact me if you have any questions. Thanks! Jack <image001.png> Jack L. Maker Assistant Planner Community Development Dept. 710 Mill Bay Road Kodiak, AK 99615 (907) 486-9364 (907)539-1475 (cell) (907) 486.9396 (fax) jmaker@kodlakates http://www.karliakak.us <14-002 As -built Survey Requirement Letter.pdt> Don Maschmedt Principal donm@maschmedt.com Office: (425) 264-0900 ext 230 Cell: (206) 920-7745 www.maschmedt.com LARSEN BAY MEANDER UNE872 U.S. SURVEY 4 % / U.SSURVEY ----"%e"."--/1 :J- f SRYE72 r 1,2 225.961R) LOT 11 MEANDER LINE 872 U.S. SURVEY 4 Lan ® a FOUND 2- BMS$ CAP o FOUND 1-1/2" dLUMNUM CAP O e FOUND 2' ALUMINUM Clp (M) - MEASURED WESSON ION PUT 2009'14) () . CALRECCULATED DID SMENSION (0) o ELECTRIC SERsTCE BOX C m commutictoos PEDESTAL ATER WEU. LOT 11 N a MSS 6B eye 6 RoUnai- CoRRA Of 1.01 mw �m PC 11 Fug FLOC DE1I DOB OF MIKE- RVFW RAWEER 2733 RAI1 WED 228344, ROI EDGE OF RA.W ryi:4:tiumoraaanws EDGE OF R.O.W. ViTIUDE.S DOM MOWS FEEDWADDL REEDICBTAS ril 05130 ona avii saa moan wpa uau� s-laa vow i LgTl Description:CTA — T04MSIIE OF VASE LOT 12 U.S. SURVEY 4872 BLK 16 II FUI2009-14 Vol. FY2014, No. 9 November 8, 2013 At its Regular Meeting of November 7, 2013, Kodiak Island Borough Assembly Took the Following Actions: PRESENTED the Student of the Month Award for October 2013 to Jeffrey Woods, a Senior With the Kodiak Island Borough School District Correspondence Study Program. ADOPTED Ordinance No. FY2014-09 Rezoning Lot 12, Block 16, Tract A Larsen Bay Subdivision From R1 -Single Family Residential To B -Business Zoning District (Case No. 14-002). ADOPTED Resolution No. FY2014-18 Renaming the Bayside Fire Training Center to Earl Smith, Jr. Memorial Fire Training Center. ELECTED Assembly Member Tuck Bonney as Deputy Presiding Officer. AUTHORIZED the Manager to Execute Change Order No. 3 Amending Contract No. FY2014-13 With Jensen Yorba Lott, Inc. of Juneau, Alaska for Architectural and Engineering Services Term Contract for Pre -Design Work for the Anton Larsen Dock Replacement Project in an Amount Not to Exceed $43,760. AUTHORIZED the Manager to Execute Change Order No. 4 Amending Contract No. FY2014-13 With Jensen Yorba Lott, Inc. of Juneau, Alaska for Architectural and Engineering Services Term Contract for Installing New Electrical Generators at Old Harbor, Karluk, Port Lions, and North Star Elementary Schools in an Amount Not to Exceed $31,360. AUTHORIZED the Manager to Execute Change Order No, 5 Amending Contract No. FY2014-13 With Jenson Yorba Lott, Inc. of Juneau, Alaska for an Architectural and Engineering Services Term Contract for Pre -design Work for the Borough Building Renovation Project in an Amount Not to Exceed $31,450. AUTHORIZED the Manager to Approve a Purchase Order for Pioneer Supply Inc. for Parts Associated With the Rebuild of the Landfill's Baler in an Amount Not to Exceed $41,342.75. ADOPTED Resolution No. FY2014-19 Disposing of a Portion of Land Up To 27,720 Square Feet Located on Top of the Active Landfill at 1203 Monashka Bay Road by License Agreement to the City of Kodiak to Temporarily Produce Class,B Compost Until November 15, 2015. ADOPTED Resolution No. FY2014-20 Authorizing the Kodiak Island Borough to Submit an Application for a Loan From the Alaska Clean Water Fund for the Landfill Lateral Expansion Project, Phase III. CONFIRMED the Appointments of Mr. Scott Arndt and Ms, Maria Painter to the Planning and Zoning Commission Borough Seats for Terms to Expire December 2015. CONFIRMED the Assembly Appointment of Mr. Peter Ivanoff to the Bay View Road Service Area Board for a Term to Expire October 2016. , APPROVED the Kodiak island Borough Assembly 2014 Meeting Schedule. Minutes of This and other assembly meetings as well as copies of agenda items are available al 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 5, 2013, at 7:30 p.m. In the Borough Assembly Chambers. SENDER: COMPLETE S SECTION m Complete keine .1 it arida: AlsorripleMC-X;;;: =ttent4iffaistrictediDellirairdecietired. . Firint.yourmameiand-addreastnthetevetSe scrthat we cantetum the capita crou. • Attach this card t� .the back of the millpIece,4 or oaths fintIf space permits. 1. ArticieAddressed to: Don Maschmedt Larsen Bay Properties 941 Powell Ave., SW Retnoril.WA 98507 COMPLETE THIS SECT +N DELIVERY is:,Datt 6t 'e D. d rent from !thrill? 0.40 Yes , . It YES, enter delivery address belowl navrt:lo 47,4:41L,r, S� ce1ype • railed Mali 0 SmmssMidt 1.7Fiegistenxi 0 Seturafteceipt for Merchandise'. lainsurdd M* 4. Restricted Delivery/ Oats Fe ey El yes 71309 1,410' Ourlu 9500 4'242 " ' PS Yom113$11VPIebilm‘i 2004 •- t urn Receipt , 10259.5:02-M-1540 November 12, 2013 Kodiak island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Via: Certified Mail — Return Receipt Requested Receipt No: 7009 1410 0000 95004242 Don Maschmedt Larsen Bay Properties 941 Powell Ave., SW Renton, WA 98507 Re: "As -built" survey requirement for rezone of Lot 12, Block 16, Tract A, Larsen Bay Subdivision. Dear Mr. Maschmedt: On November 7, 2013, the Kodiak Island Borough Assembly adopted Ordinance No. FY2014-09 (copy enclosed) rezoning Lot 12, Block 16, Tract A, Larsen Bay Subdivision from R1 -Single-family Residential to B -Business. For the rezone to become effective you must obtain after -the -fact zoning compliance for all structures and uses established on the property. Failure to obtain zoning compliance by May 7, 2014 (six months from the date of ordinance adoption) will result in the rezone approval being null and void. Should this occur, further enforcement action will commence. To ensure applicable zoning standards are met, the Community Development Department has determined that a current "as -built" survey will be required prior to issuing the required zoning compliance (KIBC 17.15.060 A). The "as -built" survey must be based on the boundary replat specified by Alaska Superior Court Judgment 3K0-03-052 Ci (Maschmedt v. Carlson, May 1, 2003). It is recommended that you provide the As -Built Survey to our department by March 7, 2014 to allow sufficient time to address any unforeseen zoning compliance issues prior to the May 7, 2014 deadline. If you have any questions about this "as -built" survey requirement, please contact the Community Development Department at 486-9363. Sincerely, Robert ederson, AICP Director, Community Development Department CC: Planning & Zoning Commission ENC: KIB Ordinance No. FY2014-09 November 8, 2013 Don Maschmedt Larsen Bay Properties 941 Powell Ave., SW Renton, WA 98057 Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 Email: clerks@kodiakak.us Website: www.kodiakak.us RE: Adoption of Ordinance No. FY2014-09 Dear Mr. Maschmedt: At its regular meeting of November 7, 2013, the Borough Assembly took the following action: ADOPTED Ordinance No. FY2014-09 Rezoning Lot 12, Block 16, Tract A Larsen Bay Subdivision From R1 -Single Family Residential To B -Business Zoning District (Case No. 14- 002). For your convenience, a signed copy of Ordinance No. FY2014-09 is enclosed. If you have any questions regarding this action or the Assembly's process, please contact me at (907) 486-9310. Sincerely, OFFICE OF THE BOROUGH CLERK Nova M. Javier, MMC Borough Clerk Cc: CDD/P&ZC i ,.. F. Introduced by: Borough Manager 1 Requested by: P&Z Commission 2 Drafted by: Community Development Director Introduced: 10/17/2013 3 Public Hearing: 11/07/2013 4 Adopted: 11/07/2013 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2014-09 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH REZONING LOT 12, BLOCK 16, LARSEN BAY SUBDIVISION 11 FROM R1 -SINGLE-FAMILY RESIDENTIAL TO B -BUSINESS ZONING 12 DISTRICT 13 14 WHEREAS, the Planning and Zoning Commission received a request to rezone Lot 12, 15 Block 16 Larsen Bay Subdivision, and 16 17 WHEREAS, at an advertised public hearing, consistent with KIB 17.205.040, the 18 Commission considered the merits of the rezone request; and 19 20 WHEREAS, the Commission voted to recommend to the Borough Assembly that this lot 21 be rezoned finding that the public necessity, convenience and general welfare and good 22 zoning practice would be enhanced by such action; and 23 24 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 25 and approved by the Borough Assembly. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 28 BOROUGH THAT: 29 30 Section 1: This ordinance is not of a general and permanent nature and shall not 31 become a part of the Kodiak Island Borough Code of Ordinances. 32 33 Section 2: Lot 12, Block 16 Larsen Bay Subdivision is rezoned from R1 -Single-family 34 Residential to B -Business Zoning District. 35 36 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission 37 are confirmed as follows: 38 39 17.205.020 A. Findings as the Need and Justification for a Change or 40 Amendment. 41 The applicable comprehensive plan supports this rezone which is needed to 42 bring the operation of the lodge into compliance with the Kodiak Island 43 Borough zoning code. 44 Kodiak Island Borough, Alaska Ordinance No. FY2014-09 Pagel oft 45 17.72.020 B. Findings as to the Effect a Change or Amendment would 46 have on the Objectives of the Comprehensive Plan. 47 A rezone from R1 -Single-family Residential to B -Business Zoning District 48 would further implement the stated land use goal contained in the applicable 49 comprehensive plan. 50 51 17.205.020 C. Recommendations as to the approval or disapproval of 52 the change or amendment. 53 The Kodiak Island Borough Planning & Zoning Commission recommends 54 approval of this rezone request, subject to the following effective date: Prior 55 to the rezone becoming effective, the petitioner will obtain after -the -fact 56 zoning compliance for all structures and uses established on the subject lot. 57 Should the zoning compliance requirement not be met within six (6) months 58 of Assembly approval, this approval shall become null and void. 59 60 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 61 62 63 64 THIS SEVENTH DAY OF NOVEMBER 2013 ATTEST: Nova M. Javier, MMC, :.rough Clerk KODIAK ISLAND.:.+: OUGH AIL/ /- rrrol Friend, ••dough Mayor Kodiak Island Borough, Alaska Ordinance No. FY2014-09 Page 2of2 v November 8, 2013 Don Maschmedt Larsen Bay Properties 941 Powell Ave., SW Renton, WA 98057 Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 Email: clerks@kodiakak.us Website: www.kodiakak.us RE: Adoption of Ordinance No. FY2014-09 Dear Mr. Maschmedt: At its regular meeting of November 7, 2013, the Borough Assembly took the following action: ADOPTED Ordinance No. FY2014-09 Rezoning Lot 12, Block 16, Tract A Larsen Bay Subdivision From R1 -Single Family Residential To B -Business Zoning District (Case No. 14- 002). For your convenience, a signed copy of Ordinance No. FY2014-09 is enclosed. If you have any questions regarding this action or the Assembly's process, please contact me at (907) 486-9310. Sincerely, OFFICE OF THE BOROUGH CLERK Nova M. Javier, Borough Clerk Cc: CDD/P&ZC Introduced by: Borough Manager 1 Requested by: P8Z Commission 2 Drafted by: Community Development Director Introduced: 10/17/2013 3 Public Hearing: 11/07/2013 4 Adopted: 11/07/2013 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2014-09 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH REZONING LOT 12, BLOCK 16, LARSEN BAY SUBDIVISION 11 FROM R1 -SINGLE-FAMILY RESIDENTIAL TO B -BUSINESS ZONING 12 DISTRICT 13 14 WHEREAS, the Planning and Zoning Commission received a request to rezone Lot 12, 15 Block 16 Larsen Bay Subdivision, and 16 17 WHEREAS, at an advertised public hearing, consistent with KIB 17.205.040, the 18 Commission considered the merits of the rezone request; and 19 20 WHEREAS, the Commission voted to recommend to the Borough Assembly that this lot 21 be rezoned finding that the public necessity, convenience and general welfare and good 22 zoning practice would be enhanced by such action; and 23 24 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 25 and approved by the Borough Assembly. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 28 BOROUGH THAT: 29 30 Section 1: This ordinance is not of a general and permanent nature and shall not 31 become a part of the Kodiak Island Borough Code of Ordinances. 32 33 Section 2: Lot 12, Block 16 Larsen Bay Subdivision is rezoned from R1 -Single-family 34 Residential to B -Business Zoning District. 35 36 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission 37 are confirmed as follows: 38 39 17.205.020 A. Findings as the Need and Justification for a Change or 40 Amendment. 41 The applicable comprehensive plan supports this rezone which is needed to 42 bring the operation of the lodge into compliance with the Kodiak Island 43 Borough zoning code. 44 Kodiak Island Borough, Alaska Ordinance No. FY2014-09 Page 1 of 2 45 17.72.020 B. Findings as to the Effect a Change or Amendment would 46 have on the Objectives of the Comprehensive Pian. 47 A rezone from R1 -Single-family Residential to B -Business Zoning District 48 would further implement the stated land use goal contained in the applicable 49 comprehensive plan. 50 51 17.205.020 C. Recommendations as to the approval or disapproval of 52 the change or amendment. 53 The Kodiak Island Borough Planning & Zoning Commission recommends 54 approval of this rezone request, subject to the following effective date: Prior 55 to the rezone becoming effective, the petitioner will obtain after -the -fact 56 zoning compliance for all structures and uses established on the subject lot. 57 Should the zoning compliance requirement not be met within six (6) months 58 of Assembly approval, this approval shall become null and void. 59 60 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 61 62 63 64 THIS SEVENTH DAY OF NOVEMBER 2013 ATTEST: Nova M. Javier, MMC, h Clerk KODIAK ISLAND:Airy OUCH aa, rrrol Friend, 'rough Mayor Kodiak Island Borough, Alaska Ordinance No. FY2014-09 Page 2 of 2 Memorandum Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kib.co.kodiak.ak.us Date: September 23, 2013 To: Mr. Charles Cassidy, Borough Manager Cc: Mr. Bob Pedersen, Director, Community Development Department From: Martin Lydick, Associate Planner RE: Transmittal of Rezone Case 14-002, information for the October 17, 2013 regular Assembly agenda. The Kodiak Island Borough Planning and Zoning Commission, as required per.KIBC 17.205.055, hereby transmit the September 18, 2013 meeting materials, and their recommendation for a rezone, for the consideration of the Kodiak Island Borough Assembly. The P&Z Commission recommends approval of this rezone request. The Planning and Zoning Commission at their meeting on September 18, 2013 moved to forward the request, recommending approval, to the Borough Assembly. The Commission perceived no major policy implications related to this request, and found the request to be generally consistent with the goals and objectives of the adopted comprehensive plan. Attachments: Draft Agenda Statement; Draft Zoning Ordinance; P&Z Decision Letter; P&Z Minutes; P&Z Case Packet 14-002. DOC BodyPage Page 3 of 4 (5) "costs of projects" means all or any part of the aggregate costs determined by an authority to be necessary to finance the construction or acquisition of a project, including, without limitation, the cost of acquiring real property; the cost of constructing buildings and improvements; the cost of financing the project, including, without limitation, interest charges before, during, or after construction or acquisition of the project; costs related to determining the feasibility of, planning, design of, or engineering of the project and, to the extent determined necessary by the authority, administrative expenses; the costs of machinery or equipment to be used in the operation or rehabilitation of a solid waste management facility or operation; and all other costs, charges, fees, and expenses that the authority determines necessary to finance the construction or acquisition; (6) "land" or "real property" means any interest in real property, including tidal and submerged land, any right appurtenant to the interest, and, without limitation, interests Tess than full title, such as easements, uses, leases, and licenses; (7) "project" means a solid waste management facility, and administrative facilities, including property necessary for solid waste management; (8) "regulation" means a standard of general application or the amendment, supplement, revision, or repeal of a standard adopted by an authority to implement, interpret, or make specific the law enforced or administered by it or to govem its procedure. Sec. 29.35.925. Short title. AS 29.35.800 - 29.35.925 may be cited as the Regional Solid Waste Management Authority Act. Chapter 29.38. BOROUGH POWERS AND DUTIES IN THE AREA OUTSIDE CITIES [Repealed, Sec. 88 ch 74 SLA 19851 r- _ Chapter 29.00. PLANNING, PLATTING, AND LAND USE REGULATION Sec. 29.40.010. Planning, platting, and Iand use regulation. (a) A first or second class borough shall provide for planning, platting, and land use regulation on an areawide basis. (b) If a city in a borough consents by ordinance, the assembly may by ordinance delegate any of its powers and duties under this chapter to the city. The assembly may by ordinance, without first obtaining the consent of the city, revoke any power or duty delegated under this section. Sec. 29.40.020. Planning commission. (a) Each first and second class borough shall establish a planning commission consisting of five residents unless a greater number is required by ordinance. Commission membership shall be apportioned so that the number of members from home rule and first class cities reflects the proportion of borough population residing in home rule and first class cities located in the borough. A member shall be appointed by the borough mayor for a term of three years subject to confirmation by the assembly, except that a member from a home rule or first class city shall be selected from a list of recommendations submitted by the council. Members first appointed shall draw lots for one, two, and three year terms. Appointments to fill vacancies are for the unexpired term. The compensation and expenses of the planning commission and its staff are paid as directed by the assembly. (b) In addition to the duties prescribed by ordinance, the planning commission shall (I) prepare and submit to the assembly a proposed comprehensive plan in accordance with AS 29.40.030 for the systematic and organized development of the borough; (2) review, recommend, and administer measures necessary to implement the comprehensive plan, including measures provided under AS 29.40.040 . Sec. 29.40.030. Comprehensive plan. (a) The comprehensive plan is a compilation of policy statements, goals, standards, and maps for guiding the physical, social, and economic development, both private and public, of the first or second class borough, and may include, but is not Limited to, the following: (1) statements of policies, goals, and standards; (2) a land use plan; http://www.legis. state.ak. us/basis/folioproxy.aspThrl=http://wwwjnuOl.legis.state.ak.us/c g 10/29/2013 DOC BodyPage (3) a community facilities plan; (4) a transportation plan; and Page 4 of 4 (5) recommendations for implementation of the comprehensive plan. (b) With the recommendations of the planning commission, the assembly shall adopt by ordinance a comprehensive plan. The assembly shall, after rebeiving the recommendations of the planning commission, periodically undertake an overall review of the comprehensive plan and update the plan as necessary. Sec. 29.40.040. Land use regulation. (a) In accordance with a comprehensive plan adopted under AS 29.40.030 and in order to implement the plan, the assembly by ordinance shall adopt or amend provisions governing the use and occupancy of land that may include, but are not limited to, (1) zoning regulations restricting the use of land and improvements by geographic districts; (2) land use permit requirements designed to encourage or discourage specified uses and construction of specified structures, or to minimize unfavorable effects of uses and the construction of structures; (3) measures to further the goals and objectives of the comprehensive plan. (b) A variance from a land use regulation adopted under this section may not be granted if (1) special conditions that require the variance are caused by the person seeking the variance; (2) the variance will permit a land use in a district in which that use is prohibited; or (3) the variance is sought solely to relieve pecuniary hardship or inconvenience. Sec. 29.40.050. Appeals from administrative decisions. (a) By ordinance the assembly shall provide for an appeal from an administrative decision of a municipal employee, board, or commission made in the enforcement, administration, or application of a land use regulation adopted under this chapter. The assembly may provide for an appeal to a court, hearing officer, board of adjustment, or other body. The assembly shall provide for an appeal from a decision on a request for a variance from the terms of a land use regulation when literal enforcement would deprive a property owner of rights commonly enjoyed by other properties in the district. (b) By ordinance the assembly may provide for appointment of a hearing officer, or for the composition, appointment, and terms of office of a board of adjustment or other body established to hear appeals from administrative actions. The assembly may define proper parties and prescribe evidentiary rules, standards of review, and remedies available to the hearing officer, board of adjustment, or other body. Sec. 29.40.060. Judicial review. (a) The assembly shall provide by ordinance for an appeal by a municipal officer or person aggrieved from a decision of a hearing officer, board of adjustment, or other body to the superior court. (b) An appeal to the superior court under this section is an administrative appeal heard solely on the record established by the hearing officer, board of adjustment, or other body. 0 http://www.legis.state.ak.us/basis/folioproxy.asp?url=http://wwwjnu01.1egis.state.ak.us/cgi-bin/f... 10/29/2013 0 1 ' 2 7 't t. KODIAK ISLAND BOROUGH ORDINANCE NO. 77-19-0 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REZONING CERTAIN LANDS WITHIN THE BOROUGH. WHEREAS, the Kodiak Island Borough Assembly has found it necessary to rezone certain Land within the Borough from Conservation to Residential classifications within the six major rural villages. The Kodiak Island Borough Assembly hereby Ordains: [That all of the land within the corporate limits of the villages of 1. Akhiok 2, Old Harbor 3. Larsen Bay 4. Ouzinkie 5. Port Lions Are hereby rezoned from Conservation to R-1 Single 'Family Residential. And that those lands within the village of Karluk depicted on Sheet No. 4 of the Kodiak Island Borough Zoning Map as R-1 are hereby rezoned from Conservation to R-1 Single Family Residential, PASSED AND APPROVED THIS 1977. ATTEST: KODIAK ISLAND BOROUGH BY %- ici.4t ri;- ?hough Mayor Pro-Tespore B Prime dg ffic er B o g er a 1. urer FIRST READING AND APPROVAL DATE July. 7 1977 SECOND READING, PUBLIC HEARING AND. PASSAGE DATE: August 4, 1977 1111111 =I MI I MI IS Kodiak Island Borough Planning & Zoning Commission Minutes CALL TO ORDER CHAIR TORRES called to order the September 18, 2013 regular meeting of the Planning and Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE CHAIR TORRES led the pledge of allegiance. ROLL CALL Requested to be excused were Alan Schmitt and Frank Peterson. Commissioners present were Alan Torres, Rick Vahl, Kathy Drabek, and Jennifer Richcreek.. Excused were Alan Schmitt and Frank Peterson. COMMISSIONER VAHL MOVED to excuse Alan Schmitt and Frank Peterson. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Community Development Department staff present was Bob Peders APPROVAL OF AGENDA COMMISSIONER RICHCREEK recommended removing Case 14-003 information can be gathered so it can be considered at another time COMMISSIONER VAHL MOVED to approve the Septemberl8, Commission agenda as amended. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES on and Sheila Smith. from the agenda so more 2013 Planning & Zoning COMMISSIONER VAHL MOVED to approve the August 21, 2013 Planning & Zoning Commission minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were none. PUBLIC HEARINGS A) Case 14-002. Request rezone •of ± 1.49 acres from 111 - Single-family Residential to the B - Business zoning district for Lot 12, Block 16, Tract A,. Larsen Bay Subdivision (KIBC 17.205). Bob Pederson reported this property wasrezoned to Business in 2008, Case 08-21 in a hearing held in Larsen Bay. The Assembly Ordinance 2009-08 approved that rezone but there was an effective date clause with requirements before the rezone became affective which didn't occur. As a result the owner has again filed for a rezone to bring the existing lodge into compliance. Staff finds it in conformance with the Larsen Bay Comp Plan. Staff recommends approval of this rezone. We received comments opposing the request and we received several 9/18/2013 P&Z Minutes Page 1 of 6 emails from adjoining property owners regarding the same subject matter which he characterizes those emails as a civil matter over boundary disputes. Staff recognized the need for the owner to obtain zoning compliance for the structures on the site and to require an as - built survey. They'll have to demonstrate that those structures are on their property and subject to the rezone they'll have to meet the setbacks or be relocated to achieve that zoning compliance. Staff's recommendation is an effective date of 6 months to pursue that zoning compliance. In response to CHAIR TORRES's question regarding, the dates in the guidelines and Summary Statement are different than in the motion, Pederson stated use the September 18th date. In response to COMMISSIONER RICHCREEK who wanted clarification that the findings of fact reflect that prior to the rezone becoming effective the petitioner will obtain the after the fact zoning compliance including this as -built survey, Pederson replied you don't have to specify that in the motion, it's in findings of fact, the Assembly will have that effective date clause. (inaudible). CHAIR TORRES clarified this is a rezone and condition of approvals aren't allowed on rezone cases but the effective date clause with the zoning compliance is allowable and in that same code is says part of the zoning compliance staff can ask for an as -built survey. In response to COMMISSIONER VAHL's inquiry regarding previously there was a 2 year time period for the same clause to be met for the buildings to be brought into compliance so looking at this 6 months is quite a decrease knowing we are going into winter, is it realistic for the petitioner to complete, Pederson replied when staff prepared this recommendation we thought the factors were well known out there, there have been surveys and have been history of some judicial interpretation of where the property line is so we don't anticipate (inaudible). If the Assembly wishes to adopt a timeframe but our intent was to (inaudible). Smith stated the said the date on the Summary Statement is the date of the meeting and was prepared on September 6th along with the staff report. Pederson stated the date on the packet is the 18th so he recommended going with that with the findings because that's what's on the document. COMMISSIONER VAHL MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of ± 1.49 acres from R1 - Single-family Residential to the B - Business zoning district for Lot 12, Block 16, Tract A, Larsen Bay Subdivision and to adopt the findings of fact as presented in the staff memorandum dated September 18, 2013, as Findings of Fact for Case No. 14-002. Close regular meeting & open public hearing: Bob Maschmedt stated their business address is Larsen Bay, Alaska but their winter address is 6895 Swanson Street, Clinton, WA 98236. They started their business in 1997 and acquired the name Larsen Bay Properties which owns Kodiak Lodge, Lot 12. They constructed the building in 1999 and made further improvements from 2001 to 2004. We accommodate 10 guests at a time and have always paid the Bed Taxes to the City of Larsen Bay which has exceeded $247,000. They didn't get the notice about the meeting in Larsen Bay or we would have been there. There have been 4 surveys in Larsen Bay on this property or adjoining properties. There is a 5th one going on now. When the Army Corp of Engineers put the marina in there was another dispute with a neighboring property to our side. The notice re: survey or block we just received from the borough regarding this meeting is what's being disputed right now; the records on the notice that Ms. Smith sent is disputed by the property owner and is 9/18/2013 P&Z Minutes Page 2 of 6 • not the proper legal description. If it continues we'll end up being in litigation to establish that property line, we are very far away from our other property; it would be extremely expensive if we were to move. We have agreed to quit doing any building or construction but it could take longer than 6 months if it goes to litigation. He gave his prepared statement to Smith for the record. In response to COMMISSIONER RICHCREEK'S question of how there's been 4 surveys done and is there a reason why the boundary lines have been so difficult to establish with those 4 surveys, Maschmedt replied the original survey went back to 1966 when the City of Larsen Bay developed the lots across there. That survey was disputed before we were there, and then another survey was done. Then when the City of Larsen Bay installed their underground power and water facilities it looks as though some of those stakes were taken out when they came in with a backhoe and bulldozer. Then there was another survey, then the marina started and another one and so we're talking about a few feet but everyone from the marina all the way to the city have been affected. The information that the borough has is not of the most recent survey that was filed some time back. Even the one at the City of Larsen Bay is different. Jane Petrich, owner of Lot 11 in Larsen Bay adjacent to Lot 12. Mr. Maschmedt's discussion was about the property but it's not a property line dispute; it's just the rezone but for the rezone to happen there has to be an as -built survey showing there are established property lines, and the Alaska Superior Court made a judgment in 2003 establishing property lines in Larsen Bay so there was a court ruling as a result of litigation between Lot 13 and Lot 12(Mr. Maschmedt's). Recognition has to be given to the Superior Court's judgment which did re- establish the property lines and she thinks that's where the confusion starts is the litigation between Lots 12 and 13, the Superior Court made a ruling on that and they stated in that ruling that a survey done by R.L. Tarrant be established as the survey to be used. She supports the rezone for Business but she hopes that they can show they'll be in compliance by being within their boundaries. She feels the 6 month timeline is enough time. This process started in 2008 and it's now 2013; that's 5 years coming to compliance as a business property. That lodge has been operating on a residential lot and operating a business anyway. It will be a challenge to get surveyors out there but the property owners having a little pressure on them with the 6 month deadline because that's when their season starts again. They won't care about this rezone if it's after 6 months because their season will be over again and another year under their belt. Close public hearing & open regular meeting: COMMISSIONER RICHCREEK stated given both the applicant and adjacent property owner are both in favor of the motion, and with the history and amount of time she feels the 6 months is appropriate. COMMISSIONER VAHL wants to make sure of how this can be resolved in a timely manner. Pederson stated within the last day or so he learned of the judicial determination of the survey and the applicant will be required to submit an as -built and if it shows the property line different than that judicially determined survey the structures will have to be in conformance with the boundaries shown in that action. Anything contrary to that they would have to pursue title action against their neighbor. If the court has ruled and it wasn't appealed that's the final ruling and that's the survey we would go with. Should there be some further appeal that would stay any deadline until that was resolved and he'd have to check with the borough attorney on that. 9/18/2013 P&Z Minutes Page 3 of 6 In response to COMMISSIONER VAHL'S question of what the code enforcement action would be, Pederson replied it could be an assessment of fines and penalties, stop work orders, cease and desist orders since he would be operating a business in a residential category. There's no record anywhere that that business was legally established at that location. In response to CHAIR TORRES' question regarding comments from the applicant, he said the recorded legal description of this lot is the physical corners, correct, Pederson stated he believes that's what he heard but that for purposes of a rezone that v3ouldn't be a material factor, we're talking about Lot 13, Block 16, Tract A of Larsen Bay Subdivisions where ever those boundaries are is determined by a surveyor or by judicial decree and that's the lot we're talking about. CHAIR TORRES is in support of the rezone but he hates to think that the legal description is wrong. FINDINGS OF FACT 17.205.020 A. Findings as to the Need and iustificati n for a Change or Amendment. The applicable comprehensive plan supports this rezone which is needed to bring the operation of the lodge into compliance with KIB zoning code. 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone from R1 -Single-family Residential to B -Business would further implement the stated land use goal contained the applicable comprehensive plan. 17.205.020 C. . Recommendations as to the . pproval or disapproval of the change or amendment. The Kodiak Island Borough Planning & Zoning Commission recommends approval of this rezone request, subject to the following effective date: Prior to the rezone becoming effective, the petitioner will obtain after -the -fact zoning compliance for all structures and uses established on the subject lot. Should the zoning compliance requirement not be met within six (6) months of Assembly approval, this approval shall become null and void. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) Case 14-003. Request a Conditional Use Permit, per KIBC 17930.030 A, to establish a church within a portion of a business building, according to KIBC 17.200. This case has been deferred for public hearing at a future meeting. OLD BUSINESS None. NEW BUSINESS None. COMMUNICATIONS A) August Planning & Zoning Results Letters to the Applicants Pederson stated the dates were sent out to you regarding the Code Revision Meetings which we will take up that missing gap between where we left off on Title 17. 9/18/2013 P&Z Minutes Page 4 of 6 Memorandum Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kib.co.kodiak.ak.us Date: September 23, 2013 To: Mr. Charles Cassidy, Borough Manager Cc: Mr. Bob Pedersen, Director, Community Development Department From: Martin Lydick, Associate Planner RE: Transmittal of Rezone Case 14-002, information for the October 17, 2013 regular Assembly agenda. The Kodiak Island Borough Planning and Zoning Commission, as required per KIBC 17.205.055, hereby transmit the September 18, 2013 meeting materials, and their recommendation for a rezone, for the consideration of the Kodiak Island Borough Assembly. The P&Z Commission recommends approval of this rezone request. The Planning and Zoning Commission at their meeting on September 18, 2013 moved to forward the request, recommending approval, to the Borough Assembly. The Commission perceived no major policy implications related to this request, and found the request to be generally consistent with the goals and objectives of the adopted comprehensive plan. Attachments: Draft Agenda Statement; Draft Zoning Ordinance; P&Z Decision Letter; P&Z Minutes; P&Z Case Packet 14-002. September 20, 2013 Don Maschmedt Larsen Bay Properties 941 Powell Ave., SW Renton, WA 98057 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Re: Case 14-002. Request a rezone of ± 1.49 acres from R1 — Single-family Residential to the B — Business zoning district for Lot 12, Block 16, Tract A, Larsen Bay Subdivision (KIBC 17.205). Dear Mr. Maschmedt: ' The Kodiak Island Borough Planning & Zoning Commission at their meeting on September 18, 2013 moved to forward the request cited above, recommending approval, to the Borough Assembly. Please contact the Borough Clerk's Office at 486-9310 for information on when your case will be scheduled for a first reading and public hearing before the Assembly. According to KIBC 17.205.055 (Submission to assembly) of the Borough Code states: A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.205.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unlessltI a initiating party, within ten clays, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. The commission adopted the following findings of fact in support of their recommendation to the assembly: FINDINGS OF FACT 17.205.020 A. Findings as to the Need and Justification for a Change or Amendment. The applicable comprehensive plan supports this rezone which is needed to bring the operation of the lodge into compliance with KIB zoning code. 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone from R1 -Single-family Residential to B -Business would further implement the stated land use goal contained the applicable comprehensive plan. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. The Kodiak Island Borough Planning & Zoning Commission recommends approval of this rezone request, subject to the following effective date: Prior to the rezone I becoming effective, the petitioner will obtain after -the -fact zoning compliance for all structures and uses established on the subject lot. Should the zoning compliance requirement not be met within six (6) months of Assembly approval, this approval shall become null and void. Should this rezone be'approved by the Kodiak Island Borough Assembly, you will still need to obtain permits for anyconstruction activities. If you have any question about the action of the commission, please contact the Community Development Department at 486-9363. Sincerely,��^�y, V ' M"g"t Sheila Smith Secretary CC: Nova Javier, Borough Clerk Planning & Zoning;Commission Larsen Bay Properties, LLC, Larsen Bay Martin Lydick From: Sent: To: Cc: Subject: Good afternoon Jane, Martin Lydick Tuesday, September 17, 2013 3:45 PM 'Jane. Petrich@uscg.mi I' Bob Pederson; Jack Maker BE: Larsen Bay Lot 12 rezone It would be inappropriate to regluire an As -Built Survey as•a condition attached to a rezone recommendation from the Planning and ZoninglCommission to the Assembly. They are two different issues. The rezone is a policy issue &the requirement for an As -Built Survey is an administrative determination. It would be appropriate to attach as a condition to the rezone recommendation a time limit for the property owner to obtain zoning compliance for all improvements on the property in order for the rezone to become effective. This was a condition on the original request (two years) & will again be a condition on this request (6 months). Administratively, part of the process of gaining zoning compliance is to show proof that all improvements, for which zoning compliance is being requested, are properly located on the property in question. This assures that any setback issues or oth;erjcompliance matters are dealt with administratively, or through a public hearing process, i.e., variances, prior to the issuance of zoning compliance permits. Although the code does not specifically mandate that an As -Built Survey be supplied for all requests for zoning compliance, the code stipulatesithat this department may request one in case of doubt. In this case, the department is aware that these is a judicially affirmed survey of lot boundaries that is a matter of record. My understanding is that this department will require the property owner to submit a professiohally prepared As - Built Survey that recognizes and comports with that judicially affirmed boundary survey. Thank you, Martin Lydick, Associate Planner Kodiak Island Borough Community Development Dept. 710 Mill Bay Rd., Kodiak, AK. 99615 (907)486-9361 mlydick@kodiakak.us Original Message From: Jane,Petrich@uscg.mil [mailto:Jane.Petrich@uscg.mil] Sent: Tuesday, September 17) 2013 8:56 AM To: Martin Lydick Cc: obrien82@email.com Subject: Larsen Bay Lot 12 rezone Martin, I was reviewing the online packet for the Wednesday Planning and Zoning meeting and did not see language requiring as As -Built survey for the owners of Lot 12 as a condition of the rezone. It was my understanding after listening to the discussion at the work session last Wednesday, September 11th, that an as built survey would be required. The motion simply reads: the petitioner will obtain after the fact zoning compliance for all structures and uses established on the subject lot. Is it just understood that the Borough staff will require, an as built survey? Would it be appropriate to include the language 'as built survey' in the motion? Again there is nothing in the motion - nor is there any history of as built surveys being required for a rezone request of this nature. Will an as built survey be required as a condition of this rezoning request? Respectfully, Jane Petrich 942-2724 2 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 August 26, 2013 Public Hearing Item 7-A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 18 The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: AGENT: REQUEST: --— LOCATION: -- ZONING: 15)E P. SE Ofre 14-002 Larsen Bay Properties LLC Doh Maschmedt Supplemental notice to correct error in legal description. Request a rezone of ± 1.49 acres from RI — Single-family Residential to the B — Business zoning district for Lot 12, Block 16, Tract A, Larsen Bay Subdivision (KIBC 17.205). 1304 First Street. Larsen Bay - -- R1 ;Single Family Residential This notice is being the request. If you to the Community September 3. 2013 sent to you because our records indicate you are a property owner/interested party in the area of do not wish to testify verbally, you may provide your comments in the space below or in a letter Development Department. Written comments must be received by 5 pm on Tuesday, to be considered by the commission. If you would like to fax your comments to us, our fax number via telephone, The local One week in the Kodiak Kodiak decision at 486-9363. Your Name: Your propertyydescription: comments: is: (907) 486-9396, please call-in telephone prior to the Island Island Borough on this request. 'or you may email your comments to ssmith6i kodiakak.us. If you would like to testify call in your comments during the appropriate public hearing section of the meeting. number is 486-3231. The toll free telephone number is 1-855-492-9202. regular meeting, on Wednesday, September 18, 2013, a work session will be held at 6:30 p.m. Borough Conference Room (#121), to review the packet material for the case. ,Code provides you with specific appeal rights if you disagree with the Commission's IIf you have any questions about the request or your appeal rights, please feel free to call us I .1 Mailing Address: P--04Aal. A432, -da' / -4 --7- j1-"e/i.1419-(-I.P4 / 1 / 2 (P-4 Y _dt-fd t9e..(.9-)7 , ..P0At e 4.9.-o �Spl D_ it an- /1 Gt/YI i l�n- Li��7�� '� 1 �. An I f 1r3s �i .sr , 0 ,4nc H A/T 9f'$o✓ 1 i-�'o7-.9,xe,-23yS B i 1 3-42013 —I', ; C'.ommorj4lOehclt tto 9 common DEVELOPMENT DEPARTMENT Location 1304 First Street Case 14-002 Applicant Don Machmedtj Larsen Bay Properties, LLC Supplemental Notice to correct an error in the legal description Request a rezone of ± 1.49 acres from R1 — Single-familyResidential to the B — Business zoning district for Lot 12, Block 16, Tract A, Larsen Bay Subdivision (KIBC 17.205). r:: � t -1t Public Hearing Notice 0 1 Feet 270 540 1 r r 1,000 0 Legend 7 '; •-e-t *^ rT Subject Parcel`^# t1" II Notification Area Kodiak Island Borough GIS tpltwvw.kodiakak.ustgis (907)485-9337 Community Development Department The maR Is provided for informational purposes only and Is rot intended for any legal representations. kxess Roads Unconsuocted Right of Ways ors scup Y, S' p `• ALASKA 1 • KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT P & Z September 18, 2013 PUBLIC HEARING ITEM: 7 A STAFF MEMORANDUM Kodiak Island Borough Planning and Zoning Commission SUMMARY STATEMENT — September 18, 2013 ITEM TITLE: Case 14 - 002. Request a rezone of ± 1.49 acres from R1 — Single-family Residential to the B — Business zoning district for Lot 12, Block 16, Tract A, Larsen Bay Subdivision (KIBC 17.205). RECOMMENDED ACTION: Staff believes that this request is consistent with the adopted KIB Comprehensive Plan, satisfies the requirements of Title 17 of the Kodiak Island Borough Code for rezones, and recommends approval of the request. APPROPRIATE MOTION: Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve the rezone of ± 1.49 acres from R1 — Single-family Residential to the B — Business zoning district for Lot 12, Block 16, Tract A, Larsen Bay Subdivision and to adopt the findings of fact as presented in the staff memorandum dated September 6, 2013, as Findings of Fact for Case No. 14-002. Public Hearing Item 7A P&Z September 18, 2013 KIB Location & Zoning Map Location & Zonin Case No. 14-002 Applicant: Don J. Maschmedt DBA: Larsen Bay Properties, LLC Request: A rezone o • . 9 acres`' om R1 — Single-family Residential to the B — Business zoning district for Lot 12, Block 16, Tract A, Larsen Bay Subdivision (KIBC 17.205). Legend Subject Parcel R-1 Zoning Legend Public Use Lands Rural Residential 1 Multi Family Residential,,; Light Industrial 1772 Watershed ® Rural Residential 2 am Business Rural Neighborhood Commercial Conservation Single Family Residential Retail Business = Urban Neighborhood Commercial Rural Residential Two Family Residential l Industrial Natural Use Kodiak Island Borough GIS Community Development Department This map is provided for informational purposes -__= Access Roads http://www.kodiakak.us/gis (907) 486-9337 only and is not intended for any legal representations. f . —1 Unconstructed Right of Ways Case No. 14-002 Introduction Page 1 of 2 Public Hearing Item 7A P&Z September 18, 2013 Image Overlay Case No. 14-002 Applicant: Don J. Maschmedt DBA: Larsen Bay Properties, LLC Request: A rezone of ± 1.49 acres fro R1 — Single-family Residential to the B — Business zoning district for Lot 12, Block 16, Tract A, Larsen Bay Subdivision (KIBC 17.205). Image Overlay Feet 0 50 100 200 Legend Subject Parcel Kodiak Island Borough GIS http://www.kodiakak.uslgis (907) 486-9337 Community Development Department This map is provided for informational purposes only and is not intended for any legal representations. Case No. 14-002 Introduction Page 2 of 2 1`° KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT P & Z September 18, 2013 PUBLIC HEARING ITEM: 7 A STAFF MEMORANDUM DATE: September, 2013 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the September 18, 2013 Regular Meeting CASE: 14-002 APPLICANT: Don J. Maschmedt (DBA Larsen Bay Properties, LLC) REQUEST: A rezone of ± 1.49 acres from R1—Single-family Residential to the B— Business zoning district for Lot 12, Block 16, Tract A, Larsen Bay Subdivision (KIBC 17.205). LOCATION: 1304 First Street, Larsen Bay, Alaska 99624 The department mailed eight (8) public hearing notices on August 8, 2013. Eight (8) supplemental notices correcting a discrepancy in the legal description were mailed on August 27, 2013. Date of site visit: June 12, 2013 (performed by Assessing Dept.) 1. Zoning History: The 1968 Comprehensive Plan did not address this area. KIB Ordinance No. 77-19-0 zoned this lot R1 -Single-family Residential (along with all other land in the City of Larsen Bay). KIB Ordinance No. 2009-08 approved a rezone of this lot to B - Business. The property owner failed to meet the requirements of an effective clause contained in that ordinance and rezone did not become effective. As a result, the lot remains zoned R1 -Single-family Residential. 2. Lot Size: 65,194 square feet 3. Existing Land Use: Lodge 4. Surrounding Land Use and Zoning: North: Larsen Bay Use: Vacant Zoning: NA South: Tank Farm Tract Use: Fuel Tank Farm Zoning: R-1 Single Family Residential East: Lot 11, Block 16, Tract A, Larsen Bay Subdivision Use: Single Family Residential Zoning: R-1 Single Family Residential Case No.: 14 — 002 Staff Memorandum Page 1 of 6 West: KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT P & Z September 18, 2013 PUBLIC HEARING ITEM: 7 A STAFF MEMORANDUM Lot 13, Block 16, Tract A, Larsen Bay Subdivision Use: Lodge Zoning: R-1 Single Family Residential 5. Comprehensive Plan: The 2008 Kodiak Island Borough Comprehensive Plan Proposed Future Land Use Map for Larsen Bay identifies this lot as Commercial. The B -Business zoning district is consistent with this commercial designation. 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: KIBC 17.10.020 Reference and use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. The applicable comprehensive plan is the 2008 Kodiak Island Borough Comprehensive Plan Update. The Larsen Bay section (chapter 11) of the plan notes under; Goals, Policies, & Implementation Actions: Land Use Goal: Enhance flexibility of land use regulations Implementation Actions: Allow small-scale commercial and more Bed -and -Breakfasts and lodges under certain circumstances, such as in mixed use zones. KIBC 17.90.010 Description and intent. The B -Business zoning district is established for the purposes of protecting and encouraging the development of community business core areas that function efficiently as centers of retail business and retail service activities. For the business zoning district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the continued use and development of land for retail purposes; KIBC 17.205.030 Manner of initiation. Changes in this title may be initiated in the following manner: C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development 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. KIBC 17.205.055 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 Case No.: 14 — 002 Staff Memorandum Page 2 of 6 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT P & Z September 18, 2013 PUBLIC HEARING ITEM: 7 A STAFF MEMORANDUM shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. COMMENTS This rezone was initiated at the request of the property owner. It is the result of a zoriing complaint filed by a neighboring resident expressing concern over the operation of a lodge in the R1 -Single-family Residential zoning district. Staffs investigation revealed the applicant had previously initiated a request for rezone of the subject lot to B -Business in an effort to bring the existing lodge into compliance with KIB zoning code (Case 08-21). That case went to public hearing at a Planning and Zoning Commission special meeting held in Larsen Bay on September 20, 2008. Following the public hearing the Commission recommended to the Borough Assembly that the lot be rezoned to B -Business, subject to the following effective date clause: Prior to the rezone becoming effective, the petitioners will obtain zoning compliance for all structures and uses located on the developed lots located within the approved rezone area. Should the zoning compliance requirement not be met within 24 months of Assembly approval, this approval shall become null and void. On November 6, 2008, the Assembly adopted KIB Ordinance No. 2009-081 approving the rezone, subject to the effective date clause. Subsequently, the property owner did not meet the requirements of that clause. As a result, the rezone did not become effective and the lot remains zoned R1 -Single-family Residential. In the current effort to bring the lodge into compliance with KIB Code, the applicant again requests that Lot 12, Block 16, Tract A, Larsen Bay Subdivision be rezoned to B -Business. The property owner indicates that a lodge use and substantial lodge structures? have been developed on the lot since 1997. 1 Appendix pg. 1 of 4 2 Appendix pg. 2 of 4 Case No.: 14 - 002 Staff Memorandum Page 3 of 6 vPNo BogKODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT P & Z September 18, 2013 G PUBLIC HEARING ITEM: 7 A 0 STAFF MEMORANDUM 3 ALASKA CONFORMANCE WITH THE COMPREHENSIVE PLAN: The Larsen Bay section (chapter 11) of the 2008 KIB Comprehensive Plan designates the proposed future use of Lot 12 as Commercial3. That same section states that Larsen Bay's land use goal is to enhance the flexibility of land use regulations4. A listed implementation action to achieve that goal is to allow small-scale commercial and more bed -and -breakfasts and lodges under certain circumstances, such as in mixed-use zones5. The rezone of this lot to B -Business is consistent with these recommendations. ZONING/USE: The subject lot is currently zoned R1 -Single-family Residential and the operation of a lodge is not a permitted or conditional use in that zoning district. Staff has determined a lodge to be similar in characteristics to that of a hotel or motel that supports recreational activities, all of which are permitted uses for the B -Business zoning district. The proposed rezone to B -Business would allow for the operation of a lodge on this lot. To further ensure the lot use complies with KIB code, staff recommends the applicant be required to obtain after -the -fact zoning compliance for all structures and uses established on the lot prior to any approved rezone becoming effective. LAND SUITABILITY: The lot in question is suitable for the existing lodge use. RECENT DEVELOPMENT TRENDS IN THE AREA: At the request of residents of Larsen Bay, an update to the community comprehensive plan was included in the 2008 KIB Comprehensive Plan. During the time it took to complete and incorporate that update, lodge uses in the community continued to develop and evolve without the benefit of any discernible development permitting, such as the requirement to obtain Zoning Compliance. Since the adoption of the plan, three (3) Larsen Bay commercial lodge operators have received approval for the rezone of their lots from R1 -Single-family Residential to B -Business. TRAFFIC IMPACTS: The lodge has been operating since 1997 with no record of an increased traffic impact on the surrounding area. A rezone to the B -Business zoning district will allow the existing lodge use to continue, resulting in no change to the current traffic level. 3 Appendix pg. 3 of 4 4 Appendix pg. 4 of 4 5 Appendix pg. 4 of 4 Case No.: 14 — 002 Staff Memorandum Page 4 of 6 ADDITIONAL COMMENTS: KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT P & Z September 18, 2013 PUBLIC HEARING ITEM: 7 A STAFF MEMORANDUM This rezone request is an effort by the applicant to abate a zoning violation. Upon final decision on this request, staff will follow up with the enforcement action necessary to ensure all structures and uses established on this lot are in compliance with KIB zoning code. Case No.: 14— 002 Staff Memorandum Page 5 of 6 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT P & Z September 18, 2013 PUBLIC HEARING ITEM: 7 A STAFF MEMORANDUM RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval, subject to an effective date clause provided in the findings of fact section at the bottom this page. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve the rezone of ± 1.49 acres from R1 — Single-family Residential to the B — Business zoning district for Lot 12, Block 16, Tract A, Larsen Bay Subdivision, and to adopt the findings of fact as presented in the staff memorandum dated September , ib 2013, as Findings of Fact for Case No. 14-002. Staff believes that this motion should be approved. FINDINGS OF FACT Section 17.205.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.205.020 A. Findings as to the Need and Justification for a Change or Amendment. The applicable comprehensive plan supports this rezone which is needed to bring the operation of the lodge into compliance with KIB zoning code. 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone from R1 -Single-family Residential to B -Business would further implement the stated land use goal contained the applicable comprehensive plan. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. The Kodiak Island Borough Planning & Zoning Commission recommends approval of this rezone request, subject to the following effective date: Prior to the rezone becoming effective, the petitioner will obtain after - the -fact zoning compliance for all structures and uses established on the subject lot. Should the zoning compliance requirement not be met within six (6) months of Assembly approval, this approval shall become null and void. Case No.: 14 — 002 Staff Memorandum Page 6 of 6 Public Hearing Item 7 A P&Z September 18, 2013 1 Introduced by: Manager Gifford 2 Requested by: P&2C 3 Drafted by: CDD Staff 4 Introduced: 10/16/2008 5 Public Hearing: 11/06/2008 6 Adopted: 11/06/2008 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2009-08 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 REZONING USS 4872 LARSEN BAY TOWNSITE, TRACT A, BLOCK 16, 12 LOT 12 FROM R1- SINGLE FAMILY RESIDENTIAL 13 TO B -BUSINESS ZONING DISTRICT (CASE NO. 08-21) 14 15 WHEREAS, the Kodiak Lodge is an established hunting and fishing lodge in the community; 16 and 17 WHEREAS, owners of this establishment seek to rezone the parcel of land in keeping with its 18 current use as a lodge and to be consistent with the new KIB comprehensive plan that identifies 19 this parcel for commercial use; and 20 WHEREAS, the Planning and Zoning Commission (P&ZC) conducted meetings and public 21 hearings in Larsen Bay on this and other parcels; and 22 WHEREAS, P&ZC recommends the Assembly find that a rezone of this parcel to B- Business 23 is in keeping with the nature of the existing lodge operation and that it is consistent with the 24 2008 Comprehensive Plan that identifies this lot for commercial purposes; 25 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 26 BOROUGH that 27 Section 1: This ordinance is not of general application and shall not be codified 28 29 Section 2: Larsen Bay Townsite, Tract A, Block 16, Lot 12 be rezoned from R1- Single 30 Family Residential to B -Business District subject to the following effective clause: 31 32 "Prior to the rezone becoming effective, the petitioners will obtain zoning 33 compliance for all structures and uses located on the developed lots located 34 within the approved rezone area. Should the zoning compliance requirement not 35 be met within 24 months of Assembly approval, this approval shall become null 36 and void." 37 38 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are 39 hereby confirmed as follows: 40 17.72.020 A. Findings as to the Need and Justification for a Change or 41 Amendment. 42 The purpose of the rezone is intended to create commercial zoning districts to 43 accommodate existing lodge uses and structures located along the western side 44 of the Larsen Bay Subdivision near the small boat harbor. The petitioners have Kodiak Island Borough Ordinance No. FY2009-08 Page 1 of 2 Case No. 14-002 Appendix Page 1 of 4 Public Hearing Item 7 A P&Z September 18, 2013 Photos showing lodge structures located on Lot 12, Block 16, Tract A, Larsen Bay Subdivision. Case No. 14-002 Appendix Page 2 of 4 Kodiak Island Borough - Larsen Bay: Proposed Future Land Use Kodiaklsland BOROUGH— that ,,,.o.d.aa 61211ryic1.0.,Iw Plan Update Conservation MI Commercial IndustriaULight Industrial Mixed Commercial/ Waterfront/ Residential Residential L� Public Use Source: Kodiak Island Borough GIS. 2006 m 0 0 N Case No. 14-002 Appendix Page 3 of 4 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. ♦ 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 cS local Communities Kodiaklsland BOROUGH Comprehensive Plan Update Public Hearing Item 7 A P&Z September 18, 2013 Page 25 r3 January. 2008 Case No. 14-002 Appendix Page 4 of 4 Kodiak Island Borough Community Development Departmer{t-- ©E ll V r� `+ 710 Mill Bay Rd. Rm 205 I t : U j-r� tom /j J U L 2 013 Ph. (907) 486 - 9362 Fax (907)486 - 93t Public Hearing Item 7A P8Z September 18, 2013 Print Form Submit by Email Kodiak AK 99615 ` htto://www.kodiakak.us COMMUNITY DEJELOPMIria DEPARTMENT Application for Rezone KIBC 17.205 C'r iH-rte,. The following information is to be supplied by the Applicant: Property Owner/ Applicant: Mailing Address: Phone Number: Other Contact email, etc.: Legal Description: Street Address: PROP_ID pje2 ? Do". M.atc%fwtsp AmtcFN 4.*y //I0,aetmes , LLC- M, p / / am/ cLL Ave S-'"� �cn/i�/�/, (.t/P} 4,57or7 �,Z 24,r090sx r' 230 clan rn G M a.s a 441 ee174, co /x Subdv: b472sn' &-Y -roc 4 Block 76 Lot: /z Current Zoning: R-/ yi Proposed Zoning: /3 - 3JS//✓c-r-SS Applicable Comprehensive Plan: ,2o08 (OS co/apecef i $Y(/c 44,v -t /7/P I4 5'✓ /34 )" &,H/Pont Explanation of the need &justification for a change or amendment of zoning: /7- /S RES /76® 77447- cue- , //itV / 1,f ,rs-a.o,v,,v /N 6/ePez 70 Go/ /r4 / 1J/7174 44L✓C 7d O ZI6t re S' /1- L006 6C, G+/- %4/51 '/ /EArrNe /N 77/75 LecC4778n/ S//✓CE /777/ /.sfclam. BEFO,pe 7%- /fro c. //n/6 6r./7- /A/F w9-w:r 70 S //✓ Co M'/°C/ /9tVC F, Explanation of the effect such a change or amendment would have on the objectives of the applicable comprehensive plan: k7� dth4ry j .w SE i4BL.E Dib E, r4L,'r GA'S 4t/cc- /4-y" 7i) /vr/4- �L Erc , ,4C z: 4e--' �Lcz,4 Y 7z2 CJoW7-//va6 70 poe7z g re /9s % ftictY°A/ /n/ 77/E Gia -G. -/L 6 E 7 r5 2,v c c-z/,e)/iJ 6 QED F/ av6 cc /4S rccY LO c_ e/rS , Date: Signature: Case No. 14-002 Application Page 1 of 2 Public Hearing Item 7A P&Z September 18, 2013 CDD Staff Certification Date: CDD Staff: Payment Verification Fee Payable in Cashier's Office Room # 104- Main floor of Borough Building Pate PAID JUL 292013 KODIAK ISLAND BOROUG FINANCE DEPARTMENT Not Applicable Less than 1.75 acres: 1.76 to 5.00 acres: 5.01 to 40.00 acres: 40.01 acres or more: ✓ $0.00 $350.00 ✓ $750.00 r $1,000.00 ✓ $1,500.00 Case No. 14-002 Application Page 2 of 2 Public Hearing Item'7 A P&Z September 18, 2013 Sheila Smith From: Erik OBrien <obrien82@gmail.com> Sent: Tuesday, August 27, 2013 1:05 PM To: Sheila Smith Cc: Jane Petrich; Stephen O'Brien Subject: Larsen Bay Properties LLC Commercial Rezone - Case 14-002 One of the Larsen Bay Properties LLC's (Kodiak Lodge) buildings is on our property; Bob Maschmedt owner of thebuilding has been aware of this for over 10 years. In addition to the primary structure two small buildings and a storage areas are located on our property. As of June 10th, 2013 we asked that these buildings, and all associated property belonging to Kodiak Lodge be removed; we were told this would happen by July 1st. As of today, August 27th Kodiak Lodge has not moved their belongings off our property, but we are told everything will be moved by September 1st. In June of 2013, we were made aware of further encroachment on our property as Mr. Maschmedt directed his crew to construct a new building on our property. When we made Kodiak Lodge manager (Larry) aware of the situation, he confirmed that the proposed building, and other mobile buildings were indeed on our property. At this time Larry, informed us he would remove all belongings from our property, and change the location of the proposed building. Due to the aggressive behavior of our neighbors squatting on our property, we cordially request that Mr. Maschmedt clearly identify our property line, and provide reparations for the existing building that is on our property prior completion of this rezoning process. Thank you, Erik OBrien 1 Case No. 14-002 Public Comment Page 1 of 3 Public Hearing Item 7 A P8Z September 18, 2013 Jack Maker From: JANE PETRICH cjpetrich@gci.net> Sent: Tuesday, September 03, 2013 1:38 PM To: Sheila Smith Subject Case 14-002 r Please provide confirmation that this has been received. Thank you September 3, 2013 Re: Case 14002 Applicant Larsen Bay Properties LLC, Bob Maschmedt, Agent I am writing in opposition to the rezone of Lot 12, Tract A, Larsen Bay Subdivision from Single Family Residential to Business. I own Lot 11 with my children Erik, David, and Stephen O'Brien. I purchased the property in 1988 and my family and I have spent our summers on this property the past 16 years. In the fall/spring of 2010/2011 1 was seeking the required permits from the Borough to build a new home on Lot 11. In the process I discovered that one of the Larsen Bay Lodge buildings was over or very close to our property line. Some background: In the late 1990's and early 20001 had become aware of a property dispute between Mr. Maschmedt and the then current owner of Lot 13. The owner of Lot 13 claimed that Mr. Maschmedt had built a structure on Lot 13. During the litigation over the property dispute between the owners of Lots 12 and 13 I was approached on 2 occasions by Mr. Maschmedt's attorney with the suggestion that I sell some of my property to Mr. Maschmedt 1 was not interested in selling to Mr. Maschmedt.<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com: office:office"/> In the spring of 2011 1 contacted Mr. Maschmedt's attorney and asked that he write a letter to his client advising him that his building appeared to be built across our property line according to documents I had reviewed at the Borough. I received a copy of the letter to Mr. Maschmedt from his attorney advising him of my concern but I never was contacted by Mr. Maschmedt Further exploration of Lot 12 during the summer of 2011 revealed that the Larsen Bay Lodge/Mr. Maschmedt had installed his septic system and leach field over the property line between Lots 11 and 12. Mr. Maschmedt's agents at the Lodge were advised of this. In the early summer of 2013 it came to my attention that Mr. Maschmedt was planning on building a large building over the disputed property line. I approached Mr. Maschmedt's agent (Larry) on site and showed him the BLM survey stake used to establish the corner between Lots 11 and 12, Plat 2009-13. Following this stake from the road to the water with a builders compass provided strong evidence that a portion of the proposed building would lay across the property line. The septic system and leach field as well as 2 portable buildings, a temporary structure and miscellaneous tools and equipment were also located within the disputed area. There is no evidence of a survey marker on the water side corner between Lots 11 and 12. As of September 3, 2013 the Larsen Bay Lodge has not constructed the building. The building materials are still stored on Lot 12 and the plan is now to build a 2 story, 28 x 40' structure . In researching my options with the Borough and the State Troopers to settle the property dispute 1 discovered that the Larsen Bay Lodge did not have building permits for any of the structures on Lot 12 built since the t Case No, 14-002 Public Comment Page 2 of 3 Public Hearing Ilem 7 A P8Z September 18, 2013 purchase of the property. Additionally they were operating their commercial sports fishing lodge on a lot zoned residential. Apparently the Larsen Bay Lodge had requested a rezone of Lot 12 to business property in 2008 (?). The Lodge never followed through with the requirements imposed by the Borough as conditions of the rezone. Lot 12 is and has always retained its residential zoning. I spoke with Mr Maschmedt in person on one occasion this summer. He was not able to produce any property stakes or surveys to support his position that his leach field and kitchen were on his property. He kept referring to his title Insurance which guaranteed he had ownership to the property He would not acknowledge the BLM corner survey stake between Lots 11/12 on the roadside as legitimate. He would not provide a basis for a negotiation to settle the dispute —it was like trying to grab water. Perhaps if Mr. Maschmedt had followed Borough regulations and filed for the required building permits prior to building there would be no property dispute between us now. If Mr. Maschmedt had acknowledged and complied with the judgment resulting from his dispute with the owner of Lot 13 (3K0-03-052) there would be no property dispute between us now. If Mr. Maschmedt had any regard for his neighbors in the community of Larsen Bay there would be no dispute between us now. Mr. Maschmedt has shown that he has no regard for the Kodiak Island Borough code or the property rights of adjacent property owners. He has been operating his business on a residential lot since its beginning. He has expanded his property by building structures first and then leaving it up to adjacent property owners to call him on it. I respectfully request that you deny the Larsen Bay Lodge/Bob Maschmedt a rezone until he acknowledges the property line as established in Plat 2009-13 which was the result of his settlement in his dispute with Lot 13. Respectfully submitted, Jane Petrich 907 486-2968 (Kodiak), 907 847-2218 (Larsen Bay), 907 942-2724 (cell when not in LB) 2 Case No. 14-002 Public Comment Page 3 of 3 Sheila Smith From: JANE PETRICH cjpetrich@gci.net> Sent: Tuesday, September 03, 2013 1:38 PM To: Sheila Smith Subject: Case 14-002 Please provide confirmation that this has been received. Thank you September 3, 2013 Re: Case 14002 Applicant Larsen Bay Properties LLC, Bob Maschmedt, Agent I am writing in opposition to the rezone of Lot 12, Tract A, Larsen Bay Subdivision from Single Family Residential to Business. I own Lot 11 with my children Erik, David, and Stephen O'Brien. I purchased the property in 1988 and my family and I have spent our summers on this property the past 16 years. In the fall/spring of 2010/2011 I was seeking the required permits from the Borough to build a new home on Lot 11. In the process I discovered that one of the Larsen Bay Lodge buildings was over or very close to our property line. Some background: In the late 1990's and early 20001 had become aware of a property dispute between Mr. Maschmedt and the then current owner of Lot 13. The owner of Lot 13 claimed that Mr. Maschmedt had built a structure on Lot 13. During the litigation over the property dispute between the owners of Lots 12 and 13 I was approached on 2 occasions by Mr. Maschmedt's attorney with the suggestion that I sell some of my property to Mr. Maschmedt 1 was not interested in selling to Mr. Maschmedt.<?xml:namespace prefix = o ns = "urn: sch emas-microsof t-com: office: office"/> In the spring of 2011 I contacted Mr. Maschmedt's attorney and asked that he write a letter to his client advising him that his building appeared to be built across our property line according to documents I had reviewed at the Borough. I received a copy of the letter to Mr. Maschmedt from his attorney advising him of my concern but I never was contacted by Mr. Maschmedt Further exploration of Lot 12 during the summer of 2011 revealed that the Larsen Bay Lodge/Mr. Maschmedt had installed his septic system and leach field over the property line between Lots 11 and 12. Mr. Maschmedt's agents at the Lodge were advised of this. In the early summer of 2013 it came to my attention that Mr. Maschmedt was planning on building a large building over the disputed property line. I approached Mr. Maschmedt's agent (Larry) on site and showed him the BLM survey stake used to establish the corner between Lots 11 and 12, Plat 2009-13. Following this stake from the road to the water with a builders compass provided strong evidence that a portion of the proposed building would lay across the property line. The septic system and leach field as well as 2 portable buildings, a temporary structure and miscellaneous tools and equipment were also located within the disputed area. There is no evidence of a survey marker on the water side corner between Lots 11 and 12. As of September 3, 2013 the Larsen Bay Lodge has not constructed the building. The building materials are still stored on Lot 12 and the plan is now to build a 2 story, 28 x 40' structure . In researching my options with the Borough and the State Troopers to settle the property dispute I discovered that the Larsen Bay Lodge did not have building permits for any of the structures on Lot 12 built since the purchase of the property. Additiot.ki y they were operating their commeraar ports fishing lodge on a lot zoned residential. Apparently the Larsen Bay Lodge had requested a rezone of Lot 12 to business property in 2008 (?). The Lodge never followed through with the requirements imposed by the Borough as conditions of the rezone. Lot 12 is and has always retained its residential zoning. I spoke with Mr Maschmedt in person on one occasion this summer. He was not able to produce any property stakes or surveys to support his position that his leach field and kitchen were on his property. He kept referring to his title Insurance which guaranteed he had ownership to the property He would not acknowledge the BLM corner survey stake between Lots 11/12 on the roadside as legitimate. He would not provide a basis for a negotiation to settle the dispute —it was like trying to grab water. Perhaps if Mr. Maschmedt had followed Borough regulations and filed for the required building permits prior to building there would be no property dispute between us now. If Mr. Maschmedt had acknowledged and complied with the judgment resulting from his dispute with the owner of Lot 13 (3K0-03-052) there would be no property dispute between us now. If Mr. Maschmedt had any regard for his neighbors in the community of Larsen Bay there would be no dispute between us now. Mr. Maschmedt has shown that he has no regard for the Kodiak Island Borough code or the property rights of adjacent property owners. He has been operating his business on a residential lot since its beginning. He has expanded his property by building structures first and then leaving it up to adjacent property owners to call him on it. I respectfully request that you deny the Larsen Bay Lodge/Bob Maschmedt a rezone until he acknowledges the property line as established in Plat 2009-13 which was the result of his settlement in his dispute with Lot 13. Respectfully submitted, Jane Petrich 907 486-2968 (Kodiak), 907 847-2218 (Larsen Bay), 907 942-2724 (cell when not in LB) 2 Sheila Smith From: Erik OBrien <obrien82@gmail.com> Sent: Tuesday, August 27, 2013 1:05 PM To: Sheila'Smith Cc: Jane Petrich; Stephen O'Brien Subject: Larsen Bay Properties LLC Commercial Rezone - Case 14-002 One of the Larsen Bay Properties LLC's (Kodiak Lodge) buildings is on our property; Bob Maschmedt owner of the building has been aware of this for over 10 years. In addition to the primary structure two small buildings and a storage areas are located an our property. As of June 10th, 2013 we asked that these buildings, and all associated property belonging to Kodiak Lodge be removed; we were told this would happen by July 1st. As of today, August 27th Kodiak Lodge has not moved their belongings off our property, but we are told everything will be moved by September 1st. In June of 2013, we were made aware of further encroachment on our property as Mr. Maschmedt directed his crew to construct a new building on our property. When we made Kodiak Lodge manager (Larry) aware of the situation, he confirmed that the proposed building, and other mobile buildings were indeed on our property. At this time Larry, informed us he would remove all belongings from our property, and change the location of the proposed building. Due to the aggressive behavior of our neighbors squatting on our property, we cordially request that Mr. Maschmedt clearly identify our property line, and provide reparations for the existing building that is on our property prior completion of this rezoning process. Thank you, Erik OBrien t. KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 August 26, 2013 Public Hearing Item 7-A PUB LIC HEARING NOTICE A public hearing will be held on Wednesday, September 18 The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 14-002 Larsen Bay Properties LLC Don Maschmedt Supplemental notice to correct error in legal description. Request a rezone of ± 1.49 acres from R1 — Single-family Residential to the B — Business zoning district for Lot 12, Block 16, Tract A, Larsen Bay Subdivision (KIBC 17.205). 1304 First Street. Larsen Bay R1 -Single Family Residential This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. if you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm on Tuesday. September 1 2013 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486-9396, or you may email your comments to ssmith(a�kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1-855-492-9202. One week prior to the regular meeting, on Wednesday, September 18, 2013, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: Mailing Address: four property description: Comments: Location 1304 First Street Case 14-002 Applicant Don Machmedt/ Larsen Bay Properties, LLC Supplemental Notice to correct an error in the legal description Request a rezone of ± 1.49 acres from R1— Single-familyResidential to the B — Business zoning district for Lot 12, Block 16, Tract A, Larsen Bay Subdivision (KIBC 17.205). Public Hearing Notice Legend Subject Parcel Notification Area Kodiak Island Borough GIS http://www.kodiakak.us/gis (907) 486-9337 Community Development Department This map is provided for informational purposes only and is not intended for any legal representations. ___= Access Roads Li Unconstructed Right of Ways Alberta Laktonen 2261 Foxhall Drive Anchorage, AK 99504 Larsen Bay Properties, LLC PO Box 107 Larsen Bay, AK 99624 Jerre Munson 650 NE 13th Street McMinville, OR 97128 City of Larsen Bay PO Box 8 Larsen Bay, AK 99624 Harold Aga PO Box 11 Larsen Bay, AK 99624 ' Alaska's Kodiak island Resort PO Box 92 Larsen Bay, AK 99624 Kodiak Island Bousing Authority/Alpiak 3137 Mill Bay Road - Kodiak, AK 99615 James & Mallory Hamilton Jr. 1435 H Street Anchorage, AK 99501 J August 2, 2013 Don Maschmedt Larsen Bay Properties 941 Powell Ave. SW Renton, WA 98057 Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Re: Supplemental notice to correct an error in the legal description for Case 14-002. Request a rezone off 1.49 acres from RI — Single-family Residential to the B — Business zoning district for Lot 12, Block 16, Tract A, Larsen Bay Subdivision (KIBC 17.205). Dear Mr. Maschmedt: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their September 18, 2013 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, September 11, 2013 at 6:30 p.m. in the Borough Conference Room (#121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486-9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, EciileAga- 11 r Sheila Smith, Secretary Community Development Department KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 August 8, 2013 Public Hearing Item 7-A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 18 The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 14-002 Larsen Bay Properties LLC Don Maschmedt Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 — 3, Block 2, Lots 2 — 4, and Block 3, Lots 1 and 2 from R1 -Single Family Residential to B -Business. 1304 First Street. Larsen Bay R1 -Single Family Residential This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 am on Tuesday, September 3, 2013 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486-9396, or you may email your comments to ssmith@kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1-855-492-9202. One week prior to the regular meeting, on Wednesday, September 18, 2013, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: Mailing Address: four propert. description: Comments: Location 1304 First Street Case 14-002 Applicant Don Machmedt/ Larsen Bay Properties, LLC Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1— 3, Block 2, Lots 2 — 4, and Block 3, Lots 1 and 2 from R1 -Single Family Residential to B -Business. 1:**04 Public Hearing Notice Feet 0 270 540 1,080 I t Legend Subject Parcel Notification Area Kodiak Island Borough GIS http://www.kodiakak.uslgis (907) 486-9337 Community Development Department This map is provided for informational purposes only and is not intended for any legal representations. ==== Access Roads Unconstructed Right of Ways Location 1304 First Street Case 14-002 Applicant Don Machmedt/ Larsen Bay Properties, LLC Request a rezone, in accordance with KIBC 17.72.030 (Manner of initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1— 3, Block 2, Lots 2 — 4, and Block 3, Lots 1 and 2 from R1 -Single Family Residential to B -Business. -3 y�vy Public Hearing Notice 0 Feet 270 540 1,080 Legend Subject Parcel Notification Area Kodiak Is and Borough GIS htlp/M.m.kodiakak.us/gis (907) 486-9337 Community Development Departmen This map 4 provided tor informational purposes only and 4 not intended for any legatrepresentations. ___= Access Rea Unconstructed Right of Ways TAXPX_PROP R5780160100 R5780160091 R5780190050 R5780190040 R5780160130 R5780160120 R5780160110 TAXPX_USER LARSEN BAY TR A BK 16 LT 10 LARSEN BAY TR A BK 16 LT 9A LARSEN BAY TR A BK 19 LT5 LARSEN BAY TR A BK 19 LT 4 LARSEN BAY TR A BK 16 LT 13 LARSEN BAY TR A BK 16 LT 12 LARSEN BAY TR ABK 16 LT 11 TAXPM_LNAM HAMILTON JR. ✓ CITY OF LARSEN BAY r KODIAK 15L HSG AUTH/ALPIAK PIM [Mf FTA1 LASKA'S KODIAK ISLAND RESORT LARSEN BAY PROPERTIES, LLC OBRIEN ✓OLS STEPHEN MASCHMEDT DON TAXPM_FNAM JAMES & JDIcI;ARDir TAXPM_FN_1 TAXPMADD1 MALLORY 1435 H ST P.O. BOX 8 3137 MILL BAY RD 1805 TRAIL •=t519-tottraION-R13-1 --4>SSPOaPEtci wE175W STE 150 PO Bex6 941 POWELL AVE. SW, STE 150 gp1ac2C Q`/ «L1- Y OD 9IJ ceeo pE l `, .577- MaikkbAutteigk c qfl P(& /o7 7pm TAXPM_CITY ANCHORAGE LARSEN BAY KODIAK TUALATIN KODIAK REENTON Acf� RENT �ON f TA; TAXPM 21P AK 99501 AK 99624 AK 99615 OR 97062 AK 99615 WF 98055 AK996tr egil W! 98057 add 4iarold Cl9sck. po Sox I I Larsen I Qk Qa to z 5/, ck aIbcrkC& Lakit (La -n 22&I Foxhr l Dr oncvlora%a, OK RR 50'4 • August 2, 2013 Don Maschmedt Larsen Bay Properties 941 Powell Ave. SW Renton, WA 98057 J Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Re: Case 14-002. Request a a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 — 3, Block 2, Lots 2 — 4, and Block 3, Lots 1 and 2 from R1 -Single Family Residential to B -Business. Dear Mr. Maschmedt:' Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their September 18, 2013 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, September 11, 2013 at 6:30 p.m. in the Borough Conference Room (#121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session isnot for the purpose of receiving public testimony, Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486-9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, c, mhe Ct CfAT10 Sheila Smith, Secretary Community Development Department Kodia :And Borough Community Development Departure 710 Mill Bay Rd. Rm 205 Kodiak AK 99615 Ph. (907) 486 - 9362 Fax(907)486-93 htto://www.kodlakak.us CE O6 JUL 2452 J Print Form Th COMMUNITY DEVELOPMENT DEPARTMENT Application for Rezone KIBC 17.205 r25n ► 4-1-o72_ ubmit by Email PROP_ID j12$? Property Owner / Applicant: Mailing Address: Phone Number. Other Contact email, etc.: Legal Description: Street Address: The following Information is to be supplied by the Applicant: Dor./ /ldsGh«et r /L KSF-✓ ©/4-Y ,oPE7tnEs L Le - 91/7 , L 9% 7 $wetL AYE SW - 5 wr' ✓, `W#4 /qros7 cea_ 3a-- -77g5 it)- 5- - - 0900 Ex r z-3 o don en @ n-'&ja4Mec'1 r turn Subdv: /4,CSEN gest., 7jZK 4 Block 8, Lot: /z Current Zoning: 7 / S/./OLE-Fifrt//cy Proposed Zoning: 73 — 3✓S/Nc SS Applicable Comprehensive Plan: ,2o08 ell? Cool PQsh /s'/(/c %au9n/ -r'' l/9 hiNtsat, Selit anitttw Explanation of the need &justification for a change or amendment of zoning: /r /3 ,eavv//em 7XZi4r /4,Pt-}/ rd.( 4E71oN/.--/G /'t/ afeaew 7D eO/lec'P'/ iitn7' ificdc 70 a -z,tTg S , Lo06ac, lt,E //nvE Se&v g/9-77,16 /N Me/5- LeG477on/ S./Wee /797, s./cGE SFFo r T/ n ZON/n/C Sr/T /e/F kvol-.W 70 SE //`/ Cffi C/r'NCF, Explanation of the effect such a change or amendment would have on the objectives of the applicable comprehensive plan: A/C /4Nr so se 4066- 712 &oNr/n/c/E Oo'n-4rc 41c 42 L DP'c' e, 77/-73-- /4EGPS fvt.Ya,-v /n/wie !//LL -4-6 e hie --49-Y BS 779NT/e9- 771XF5 , /NCe2/. /AJC S4 O FyELI £L a-crZ/G crc . / wEC-C ,'S efrnrt-Q)" L.O c c_ z4-1eS-/^/ ,cam/- J/ a3/007V7-s Date: 1/ /Q / jt Signature: CDD Staff Certification Date: CDD Staff: Payment Verification Fee Payable in Cashier's Office Room # 104 - Main floor of Borough Building 7.50T PAID JUL 292013 KODIAK ISLAND BOROUG FINANCE DEPARTMENT Not Applicable Less than 1.75 acres: 1.76 to 5.00 acres: 5.01 to 40.00 acres: 40.01 acres or more: r $0.00 $350.00 17 $750.00 n $1,000.00 IT $1,500.00 PAYMENT DATE 07/29/2013 COLLECTION STATION CASHIER RECEIVED FROM KODIAK LODGE DESCRIPTION REZONING APPLICATION- DON MASCHMEDT Kodiak Island Borough 710 Mill Bay Rd. Kodiak, AK 99615 PAYMENT CODE Subdivision Fee RECEIPT DESCRIPTION Subdivision Fee PID 20128 REZONING Payments: Type , Detail Check 7309 Amount $350.00 BATCH NO. 2014-00000052 RECEIPT NO. 2014-00000111 CASHIER Teresa Medina TRANSACTION AMOUNT $350.00 Total Amount: $350.00 Printed by: Teresa Medina Page 1 of 1 07/29/2013 08:44:02 AM Boundary Replat per AK Superior Court Judgement 3K0-03-052 Ci Maschmedt v. Carlson 5/1/2003 QCD to / Larsen Bay Properties, LLC/ 2005-000557-b 1/18/200 idee QCD to Alaska's Kodiak I Resort, LLC 2006-000950- 5/15/20 BUILDING KEY 1. Lodge 2. Fish Processing 3. Tank Farm Pla Q. 97-9__