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LARSEN BAY TR A BK 8 LT 4 - RezoneThe question was called and it CARRIED 6-0. OLD BUSINESS A. Case 03-012. Adoption of Findings of Fact, in accordance with KIBC 17.72.020, to support the commission's decision on May 9, 2008 to deny a rezone of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4, and 5 from R1 -Single Family Residential to B -Business. The applicants are Brian & Sara Blondin. Cassidy gave a brief staff report stating they have already made a decision and now they need to adopt the findings. Make sure you are comfortable with them because they are your findings. COMMISSIONER HARRINGTON MOVED to postpone the adoption of findings of fact for Case 03-012 until the September special meeting of the Planning and Zoning Commission, The motion was SECONDED by COMMISSIONER JANZ. Discussion of postponement, public safety and well being, and different options. The question was called, and it FAILED 5-1. The aye votes were COMMISSIONER JUENGER and CHAIR KING. When asked "Does anyone wish to change your vote" CHAIR KING stated yes, he would like to change his vote. COMMISSIONER WATKINS MOVED TO ADOPT the findings presented in the staff memorandum dated June 6, 2008 as "Findings of Fact: for Case 03-012. The motion was SECONDED by COMMISSIONER PURDY. COMMISSIONER HARRINGTON MOVED TO AMEND the findings of fact in the staff memorandum to include in item 1D after the text "the current lodging use would not be permissible under the B -Business zoning and therefore the application for rezone would neither address the petitioner's concerns nor serve any other articulated purpose." The motion was SECONDED by COMMISSIONER JANZ. A discussion of codes. The question was called on the amended motion and it CARRIED 6-0. COMMISSIONER HARRINGTON MOVED TO AMEND section 1C of the findings to add language so that the sentence that starts at the end of the 56 line "a majority of residents" so that it states," a majority of residents present at the May 9th special meeting of the Planning & Zoning Commission have expressed concerns for public health and safety," etcetera, as it's written there. The motion was SECONDED by COMMISSIONER PURDY. The question was called on the amended motion and it CARRIED 6-0. COMMISSIONER HARRINGTON questioned Robert's Rules of Order and expressed dissatisfaction with not being able to make all amendments previous to approving them and the main motion. COMMISSIONER PURDY expressed the same dissatisfaction. The question was called on the main motion and it CARRIED 6-0. COMMISSIONER JUENGER MOVED TO AMEND the findings of fact 1B of the draft we in front of us, line #6, the sentence of that's inclusive to that line "R1 could however allow a Bed & Breakfast use on a property with a single-family dwelling subject to a conditional use permit." The motion was SECONDED by COMMISSIONER HARRINGTON. A brief discussion. P&Z Meeting Minutes June 18, 2008 Page 3 of 11 "1. Findings as to the need and justification for a change or amendment. The rezone of Larsen Bay Townsite Subdivision, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4 and 5, from RI -Single-family Residential to B -Business is not necessary and justified because: A. B -Business zoning is inconsistent with the current residential character of the neighborhood area. B. The petitioner did not present justification for the rezone other than the fact that an illegal lodging use has been established in R1 -Single-family Residential zoning without benefit of zoning compliance. Such zoning compliance would have been denied for most lodging uses as R1 -Single- family Residential is the most restrictive residential zoning district. Rl could however allow a Bed & Breakfast use on a property with a single- family dwelling subject to a conditional use permit. C. The B -Business zoning district permits a wide range of commercial activities and uses that are not compatible with the nearby Larsen Bay School. Public testimony, both current and historical (from a 2003 public hearing) reflect an ongoing conflict as a direct result of the close proximity of this lodge (Kodiak Charters Lodge) with Larsen Bay Public School. A majority of residents present at the May 9th special meeting of the Planning and Zoning Commission have expressed concerns for public health and safety in relation to the noise and activity of lodge clients which according to public testimony has at times has included the mixing of alcohol use and firearms handling. If the properties are rezoned B - Business, an allowable use would include drinking establishments and this is clearly an incompatible use with the public facilities located right next to this neighborhood. The firearms issue is one the city must address through its own ordinance authority, however maintaining the existing residential zoning will discourage further expansion of conflicting uses of a commercial nature. D. The community identified specific characteristics of the existing illegal lodging use that make the area right next to the school incompatible with that use and any substantial expansion or enlargement of the use that might be permitted under the B -Business zoning district, including but not limited to noise issues, concerns for gun safety, alcohol consumption (both indoors and outdoors and occasional disturbance of the peace.) The current lodging use would not be permissible under the B -Business zoning and therefore the application for rezone would neither address the petitioner's concerns nor serve any other articulated purpose. E. Expansion of the existing lodging use which is located in two residential structures and spread over four (4) Lots could exceed the capacity of the existing sewage treatment capability which is comprised of a community septic tank and outfall line to the near shore mixing zone along the Larsen Bay shoreline. F. B -Business zoning of the requested lots would contribute to the reduction of residential land available in the community which is currently losing its year around population according to State of Alaska based population projections. Strong concems were expressed about the perceived trend of P&Z Meeting Minutes June 18, 2008 Page 4 of n people departing the Larsen Bay community and selling their residential property to commercial (primarily lodge) developers as an impediment to the return of year -around community based residents. FindinLs as to the effect a ehan_e or amendment would have on the _oals and objectives of the comprehensive plan. A. The January 2008 KIB Comprehensive Plan states as a "Goal and Implementation Action" for Larsen Bay, "Require that public education in Larsen Bay meet or exceed established educational standards for formal education required for students to excel in the trade or profession of their choice and culture place based education that establishes positive self awareness and self esteem in our community youth". B -Business zoning of the proposed properties located so close to the community school could conflict negatively with this goal. B. The January 2008 KIB Comprehensive Plan states as an "Issue" for Larsen Bay "Address concems about social impacts of some lodges located within neighborhoods". C. The January 2008 KIB Comprehensive Plan designates the proposed lots for Mixed Use development which can be interpreted as Waterfront Development, Commercial Development or Residential Development. Given the lack of easily expandable or upgradeable infrastructure to support additional growth and development in this area, the historical residential use and character of the area, and close proximity of the community school, for this area to remain residential is consistent with the flexible Mixed Use land use designation. D. The comprehensive plan recognizes the need to provide adequate land opportunities for a balanced mix of different uses to support the community including residential, institutional, commercial and industrial land uses and associated development. That said, the community strongly indicated a preference in this request to preserve and maintain residential lands from unnecessary or speculative conversion to commercial use in order to preserve residential capacity in the community in the face of strong economic incentives to develop lodges in order to benefit from a seemingly strong lodging market in Larsen Bay. E. While the proposed B -Business zoning allows a wide range of commercial uses, the proposal to provide after -the -fact legitimacy to the existing lodging use (if not code compliance for the conversion of the residential structures themselves to commercial use) does not in any way address many of the other needs expressed in the Larsen Bay comprehensive plan goals and objectives. I arsen Bay is a community without a true community store or virtually any other business venture that would contribute to the community as a whole and make the community a better place to live, work and raise a family. The question was called on the amended motion and it CARRIED 6-0. COMMISSIONER HARRINGTON brought staff's attention to a missing parentheses at the end of finding 1D. P&Z Meeting Minutes June 18, zoo8 Page 5 of xi The Clerk read the amendments for the record: the amendment to 1D after the text adding "the current lodging use would not be permissible under the. B -Business zoning and therefore the application for rezone would neither address the petitioner's concerns nor serve any other articulated purpose; 1C to change the sentence to read "A majority of residents present at the May 9th special meeting of the P&Z commission have expressed concerns...", and 1B to amend line 6 to read "R1 could however allow a Bed & Breakfast use on a property with a Single- family dwelling. Cassidy inquired about all the amendments and main motion being voted on. B. Case 08-022. Adoption of Findings of Fact, in accordance with KIBC 17.72.020, to support the commission's decision on May 9, 2008 to deny a rezone for Larsen Bay, Tract A, Block 8, Lot 3 from R1 -Single Family Residential to B -Business. The applicant is Don J. Maschmedt. Cassidy gave a brief staff report. COMMISSIONER JUENGER MOVED to adopt the finding presented in the staff memorandum dated June 6, 2008 as "Findings of Fact" for Case 08-022. COMMISSIONER WATKINS SECONDED the motion. COMMISSIONER HARRINGTON stated she questions whether Finding 1B is exceptionally complicated and could be easier stated in one sentence. COMMISSIONER WATKINS and COMMISSIONER JUENGER stated it would take away from the finding. CHAIR KING stated the same thing should be added to ID that was added to the previous case. COMMISSIONER JANZ requested the clerk read back what was added to finding 1D on the previous case. A discussion on the definitions and zoning for lodges, motels, and hotels. COMMISSIONER JANZ MOVED TO AMEND Findings of Fact ID to add at the end the paragraph after shoreline "The current lodging use would not be permissible under the B - Business zoning and therefore the application for rezone would neither address the petitioners concerns nor serve any other articulated purpose. The motion was SECONDED by COMMISSIONER WATKINS. The question was called on the amended motion and it CARRIED 6-0. The question was called on the main motion and it CARRIED 6-0. COMMISSIONER HARRINGTON MOVED TO AMEND THE PREVIOUSLY APPROVED MOTION to change the language in item 1C to read "although there are some lodging uses established in areas closer to the shoreline, which will also be considered for rezone at a later date, there was no indication in the plan or on the ground that this area should be speculatively rezoned for lodging or some other commercial use" and then striking those last words and replacing them with "at a future date." The motion was SECONDED by COMMISSIONER PURDY. FINDINGS OF FACT It is necessary for the Commission to adopt findings of fact in support of the decision in this case before the petitioners can decide whether to elevate the case to the Assembly level for additional review. Subsequent to the May 9`h special meeting, the commissioners have transmitted their individual rationales to staff in order to facilitate drafting of the findings herein. These findings P&Z Meeting Minutes June 18, 2008 Page 6 of n Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 496rii6396 SARAH BLONDIN 1520 ISMAILOV ST KODIAK, AK 99615 049i0euS„43 mnn440 VV. 1_ 0. O 01/24/2008 • Maned From 99615 US POSTAGE NIXIE 99S DE 1 00 O2/07/00 RETURN TO SENDER UNCLAIMED UNABLE TO .FORWARD BC: 99915639899 *OS09-06970-25-26% 11111,fliIIIIL111,Il�lrllllll,IIIIIIIII�h,11LIIIIILIIIL�I Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 04$JittZVw„4t • �C.4 1_ 01/24/2008 Mailed From 99615 US POSTAGE Brian & Sam Blondin PO Box 4478 Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 -Mill Bay Road - Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.lcib.co.kodiak.ak.us June 20, 2008 Re: Case 03-012. Request adoption of Findings of Fact, in accordance with KIBC 17.72.020, to support the commission's decision on May 9, 2008 to deny a rezone of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4, and 5 from R1 -Single Family Residential to B -Business. Dear Brian & Sara: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on June 18, 2008 adopted Findings of Fact in support of their decision on May 9, 2008 to deny a rezone of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4, and 5 from R1 -Single Family Residential to B -Business. FINDINGS OF FACT "1. Findings as to the need and justification for a change or amendment. The rezone of Larsen Bay Townsite Subdivision, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4 and 5, from R1 -Single-family Residential to B -Business is not necessary and justified because: A. B -Business zoning is inconsistent with the current residential character of the neighborhood area. B. The petitioner did not present justification for the rezone other than the fact that an illegal lodging use has been established in R1 -Single-family Residential zoning without benefit of zoning compliance: Such zoning compliance would have been denied for most lodging uses as R1 -Single- family Residential is the most restrictive residential zoning district. RI could however allow a Bed & Breakfast use on a property with a single-family dwelling subject to a conditional use permit. C. The B -Business zoning district permits a wide range of commercial activities and uses that are not compatible with the nearby Larsen Bay School. Public testimony, both current and historical (from a 2003 public hearing) reflect an ongoing conflict as a direct result of the close proximity of this lodge (Kodiak Charters Lodge) with Larsen Bay Public School. A majority of residents present at the May 96 special meeting of the Planning and Zoning Commission have expressed concerns for public health and safety in relation to the noise and activity of lodge clients which according to public testimony has at times has included the mixing of alcohol use and firearms handling. If the properties are rezoned B -Business, an allowable use would include drinking establishments and this is clearly an incompatible use with the public facilities located right next to this neighborhood. The firearms issue is one the city must address through its own ordinance authority, however maintaining the existing residential zoning will discourage further expansion of conflicting uses of a commercial nature. D. The community identified specific characteristics of the existing illegal lodging use that make the area right next to the school incompatible with that use and any substantial expansion or enlargement of the use that might be permitted under the B -Business zoning district, including but not limited to noise issues, concerns for gun safety, alcohol consumption (both indoors and outdoors and occasional disturbance of the peace.) The current lodging use would not be permissible under the B -Business zoning and therefore the application for rezone would neither address the petitioner's concerns nor serve any other articulated purpose. E. Expansion of the existing lodging use which is located in two residential structures and spread over four (4) lots could exceed the capacity of the existing sewage treatment capability which is comprised of a community septic tank and outfall line to the near shore mixing zone along the Larsen Bay shoreline. F. B -Business zoning of the requested lots would contribute to the reduction of residential land available in the community which is currently losing its year around population according to State of Alaska based population projections. Strong concems were expressed about the perceived trend of people departing the Larsen Bay community and selling their residential property to commercial (primarily lodge) developers as an impediment to the return of year -around community based residents. 2. Findings as to the effect a change or amendment would have on the goals and objectives of the comprehensive plan. A. The January 2008 KIB Comprehensive Plan states as a "Goal and Implementation Action" for Larsen Bay, "Require that public education in Larsen Bay meet or exceed established educational standards for formal education required for students to excel in the trade or profession of their choice and culture place based education that establishes positive self awareness and self esteem in our community youth". B -Business zoning of the proposed properties located so close to the community school could conflict negatively with this goal. B. The January 2008 KIB Comprehensive Nan states as an "Issue" for Larsen Bay "Address concems about social impacts of some lodges located within neighborhoods". C. The January 2008 KIB Comprehensive Plan designates the proposed lots for Mixed Use development which can be interpreted as Waterfront Development, Commercial Development or Residential Development. Given the lack of easily expandable or upgradeable infrastructure to support additional growth and.development-in this area; the historical residential use and character of the area, and close proximity of the community school, for this area to remain residential is consistent with the flexible Mixed Use land use designation. D. The comprehensive plan recognizes the need to provide adequate land opportunities for a balanced mix of different uses to support the community including residential, institutional, commercial and industrial land uses and associated development. That said, the community strongly indicated a preference in this request to preserve and maintain residential lands from unnecessary or speculative conversion to commercial use in order to preserve residential capacity in the community in the face of strong economic incentives to develop lodges in order to benefit from a seemingly strong lodging market in Larsen Bay. B. While the proposed B -Business zoning allows a wide range of commercial uses, the proposal to provide after -the -fact legitimacy to the existing lodging use (if not code compliance for the conversion of the residential structures themselves to commercial use) does not in any way address many of the other needs expressed in the Larsen Bay comprehensive plan goals and objectives. Larsen Bay is a community without a true community store or virtually any other business venture that would contribute to the community as a whole and make the community a better place to live, work and raise a family. CONCLUSION According to KIBC 17.72.055. B, you have the following option: If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. For clarification, that 10 day appeal period begins once the commission has approved their Findings of Fact on the case. The deadline for appeal is Thursday, July 3, 2008. Should you have any questions about the procedure, please call the Community Development Department at 486-9363. Sincerely, Bud Cassidy Director CC: Rick Gifford, Manager Nova Javier, Borough Clerk Public Hearing Item VH -A MEMORANDUM DATE: June 6, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the June 18, 2008 Regular Meeting CASE: 03-012 APPLICANT: Brian & Sara Blondin REQUEST: Adoption of Findings of Fact, in accordance with KIBC 17.72.020, to support the commission's decision on May 9, 2008 to deny a rezone of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4, and 5, from R1 -Single Family Residential to B -Business. (Brian & Sara Blondin) LOCATION: ZONING: Larsen Bay Townsite Subdivision, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4 and 5. R1 -Single-family Residential Background The Commission recommended denial of the above referenced rezone request at the May 9, 2008 special meeting which was held at the Larsen Bay Community School. When the Commission recommends denial of a proposed zoning boundary amendment (rezone) its action shall be final unless the initiating party, within (10) days, files a written statement with the clerk requesting that the Commission's action be taken up by the Assembly. Before this can happen however, the Commission must complete the decision making process by adopting required "Findings of Fact" upon which the decision was based. These findings are to be delivered to the Assembly in the form of a report as described in the applicable provisions of KIBC 17.72, as follows: 17.72.020 Report from planning and zoning commission. The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner in which such change is initiated and such report shall find: A. Findings as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and C. Recommendations as to the approval or disapproval of the change or amendment. It should be noted for the record that the adoption of "Findings" was postponed until the next regular meeting (June 18, 2008) as permitted by the KIB Planning and Zoning Commission Bylaws which were last reviewed and approved by the Assembly on March 16, 2006. Case 03-012/Findings of Fact Page 1 of 5 P & Z: June 18, 2008 Public Hearing Item VH -A In the context of the proposed "Findings" that follow, it may be appropriate to provide some additional code citations regarding the authority, purpose and intent of the borough zoning regulations. KIBC 17.01.020 Purpose. It is the purpose of this title to promote the health, safety, and general welfare through the use of uniform district regulations concerning: A. Land use; B. Building location and use; C. The height and size of structures; D. The number of stories in buildings; E. The percentage of a lot which may be covered; F. The size of open spaces; and G. Population density and distribution. KIBC 17.01.030 Intent. It is the intent of this title to: A. Provide for orderly development; B. Lessen street congestion; C. Promote fire safety and public order; D. Protect the public health and general welfare; E. Prevent overcrowding; F. Stimulate systematic development of transportation, water, sewer, school, park and other public facilities; and G. Encourage efficiency in the use of energy and the substitution of energy from renewable sources for energy from fossil fuels. KIBC 17.02.020 Reference and use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. KIBC 17.02.030 Comprehensive Plan. For the purpose of this title, the Kodiak Island Borough Comprehensive Plan consists of the following documents: A. Kodiak Island Borough Comprehensive Plan Update dated December 6, 2007, prepared by Cogan -Owens -Cogan and the Kodiak Island Borough. *** *** *** *** *** I. City of Larsen Bay Comprehensive Development Plan. Prepared by Norgaard Consultants (Adopted by Resolution No. 84-117-R, dated November 1, 1984). Case 03-012/Findings of Fact Page 2 of 5 P & Z: June 18, 2008 Public Hearing Item VII -A Findings It is necessary for the Commission to adopt findings of fact in support of the decision in this case before the petitioners can decide whether to elevate the case to the Assembly level for additional review. Subsequent to the May 9's special meeting, the commissioners have transmitted their individual rationales to staff in order to facilitate drafting of the findings herein. These findings are themselves considered to be a draft document until approved by the Commission, with or without amendment. "1. Findings as to the need and justification for a change or amendment. The rezone of Larsen Bay Townsite Subdivision, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4 and 5, aim RI -Single-family Residential to. B -Business is not necessary and justified because: A. B -Business zoning is inconsistent with the current residential character of the neighborhood area. B. The petitioner did not present justification for the rezone other than the fact that an illegal lodging use has been established in R1 -Single-family Residential zoning without benefit of zoning compliance. Such zoning compliance would have been denied for most lodging uses as R1 -Single- family Residential is the most restrictive residential zoning district. R1 could however allow a Bed & Breakfast use a property with a single- family dwelling subject to a conditional use permit. C. The B -Business zoning district permits a wide range of commercial activities and uses that are not compatible with the nearby Larsen Bay School. Public testimony, both current and historical (from a 2003 public hearing) reflect an ongoing conflict as a direct result of the close proximity of this lodge (Kodiak Charters Lodge) with Larsen Bay Public School. A majority of residents have expressed concerns for public health and safety in relation to the noise and activity of lodge clients which according to public testimony has at times has included the mixing of alcohol use and firearms handling. If the properties are rezoned B -Business, an allowable use would include drinking establishments and this is clearly an incompatible use with the public facilities located right next to this neighborhood. The firearms issue is one the city must address through its own ordinance authority, however maintaining the existing residential zoning will discourage further expansion of conflicting uses of a conunercial nature. D. The community identified specific characteristics of the existing illegal lodging use that make the area right next to the school incompatible with that use and any substantial expansion or enlargement of the use that might be permitted under the B -Business zoning district, including but not limited to noise issues, concerns for gun safety, alcohol consumption (both indoors and outdoors and occasional disturbance of the peace. Case 03-012/Findings of Fact Page 3 of 5 P & Z: June 18, 2008 Public Hearing Item VII -A E. Expansion of the existing lodging use which is located in two residential structures and spread over four (4) lots could exceed the capacity of the existing sewage treatment capability which is comprised of a community septic tank and outfall line to the near shore mixing zone along the Larsen Bay shoreline. F. B -Business zoning of the requested lots would contribute to the reduction of residential land available in the community which is currently losing its year around population according to State of Alaska based population projections. Strong concerns were expressed about the perceived trend of people departing the Larsen Bay community and selling their residential property to commercial (primarily lodge) developers as an impediment to the return of year -around community based residents. 2. Findings as to the effect a change or amendment would have on the goals and objectives of the comprehensive plan. A. The January 2008 KIB Comprehensive Plan states as a "Goal and Implementation Action" for Larsen Bay, "Require that public education in Larsen Bay meet or exceed established educational standards for formal education required for students to excel in the trade or profession of their choice and culture place based education that establishes positive scif awareness and self esteem in our community youth". B -Business zoning of the proposed properties located so close to the community school could conflict negatively with this goal. B. The January 2008 KIB Comprehensive Plan states as an "Issue" for Larsen Bay "Address concerns about social impacts of some lodges located within neighborhoods". C. The January 2008 I{113 Comprehensive Plan designates the proposed lots for Mixed Use development which can be interpreted as Waterfront Development, Commercial Development or Residential Development. Given the lack of easily expandable or upgradeable infrastructure to support additional growth and development in this area, the historical residential use and character of the area, and close proximity of the community school, for this area to remain residential is consistent with the flexible Mixed Use land use designation. D. The comprehensive plan recognizes the need to provide adequate land opportunities for a balanced mix of different uses to support the community including residential, institutional, commercial and industrial land uses and associated development. That said, the community strongly indicated a preference in this request to preserve and maintain residential lands from unnecessary or speculative conversion to commercial use in order to preserve residential capacity in the community in the face of strong economic incentives to develop lodges in order to benefit from a seemingly strong lodging market in Larsen Bay. E. While the proposed B -Business zoning allows a wide range of commercial uses, the proposal to provide after -the -fact legitimacy to the existing lodging use (if not code compliance for the conversion of the residential Case 03-012/Findings of Fact Page 4 of 5 P & Z: June 18, 2008 Public Hearing Item VILA structures themselves to commercial use) does not in any way address many of the other needs expressed in the Larsen Bay comprehensive plan goals and objectives. Larsen Bay is a community without a true community store or virtually any other business venture that would contribute to the community as a whole and make the community a better place to live, work and raise a family. Recommendation Staff recommends that the Commission adopt findings in support of its recommendation of denial for Case 03-012 which accurately reflect the Commissions rationale for this decision. These "Findings of Fact" support the decision reached by the Planning & Zoning Commission on May 10, 2008 to recommend denial of this request to the borough Assembly. Subject to the payment of an additional hearing review fee, the petitioner will have ten (10) working days from the date of "findings" adoption to request an elevation of this request to the borough Assembly before this case becomes null and void. Motion Move to adopt the findings presented in the staff memorandum dated June 6, 2008 as "Findings of Fact" for Case 03-012. Case 03-012/Findings of Fact Page 5 of 5 P & Z: June 18, 2008 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION LARSEN BAY SPECIAL MEETING MAY 9, 2008 MINUTES CALL TO ORDER The special meeting of the Planning and Zoning Commission was called to order at 7:40 p.m. by CHAIR. KING on May 9, 2008 in the Larsen Bay School ROLL CALL Commissioners Present Excused Absent Others Present Dave King -Chair X Bud Cassidy, Director Brent Watkins X Community Development Dept. Casey Janz X Sheila Smith, Secretary Bill Kersch X Community Development Dept. Gary Juenger X Duane Dvorak, Assoc. Planner Jim Purdy X Erin Harrington X A quorum was established. APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER PURDY, and it CARRIED by unanimous voice vote. APPROVAL OF MINUTES There were no minutes. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Tim Carlson inquired about the 10 acre parcels of the native allotments, stating they were told the zoning was Conservation and couldn't be rezoned to Business, but now after a lot of their land has been sold it is now zoned Business from Conservation. Change of ownership is leading to more lodges. Simeon Squortsoff stated lodges are going up quick, and how are the future kids going to make it when everything is zoned out. He also has a problem with a lodge next to the school. Randy Blondin stated we need to figure out how to zone the set net operations. He also claims there is adequate vacant housing. Patty Livingston would like the whole town to be zoned commercial. Roy Jones, VPSO, stated residential land isn't really residential because it is being squeezed out. He stated when land opens up for sale the locals are outbidded by out of state and out of town people. When land is sold it becomes Business zoned. There isn't enough housing and as a result people are forced to leave, which now the school may have to close due to there not being enough kids to keep it open. Is this Lodge Bay or Larsen Bay? There should be designated future May 9, 2008 P & Z Commission Special Meeting Minutes Page 1 of 9 land for local business. Growth in Larsen Bay has stopped and we need to fix it so it can grow. We need R1 so when it sells it won't be a lodge. Jay Wattam stated there are about 6 operating lodges in the summer from about May 1 through October. Simeon Squortsoff stated if commercial is zoned in to certain areas then there's a monopoly on the land. Corporations or lodging people can afford it but not the locals. There is no room for expansion because we are down to the bare minimum. Patty Livingston stated it should be zoned Business so if someone wants to open a coffee shop because the locals make little money. Randy Blondin stated there are many vacant homes. Some people will be in commercial zoning and some will not. It is not fair to zone these commercial but tell the locals they can't open a business. Sam Kenoyer stated there aren't enough homes to live in. The houses owned by summer people shut down in the winter. Larsen Bay needs a new water treatment plant and the hydro plant needs repairs. There are "Boil Water" notices sent out regularly. There is no room for building until the infrastructure is updated. The electrical system is maxed out when the cannery is in operation. We don't need more lodges, we need more businesses. Jennifer Moe asked if once property is rezoned can it be rezoned again later. Troy Wise stated there were 2 land sales last year so the opportunity is here. Patty Livingston stated this is the native village of Larsen Bay. It is becoming more non-native than native, and our resources are being taken away. Selena Churchill asked if there are laws that limit the amount of lodges per community. Rome Carlson expressed concem about guns being handled around the school zone. Recessed at 8:40 p.m. Re -convened at 9:00 p.m. PUBLIC HEARINGS • rz 1 I of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 3, Block 2, Lots 1, 1A, and 2 4, and COMMISSIONER JANZ MOVED TO POSTPONE action on Case 03 011 until late the -motion. Public hearing-epen: May 9, 2008 P & Z Commission Special Meeting Minutes Page 2 of 9 B) Case 03-012. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3,4, and 5 from R1 -Single Family Residential to B -Business. Dvorak gave a brief staff report and stated staffs recommendation is to postpone allowing for more information to be gathered due to these cases being complex. COMMISSIONER JANZ MOVED TO FORWARD a request to rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4, and 5 from R1 -Single Family Residential to B -Business. The location is 205 and 206 D Street, 208 E Street and 406 Third Street, Larsen Bay, and to defer the findings of fact to the June 18, 2008 regular meeting of the KIB Planning and Zoning Commission. COMMISSIONER WATKINS SECONDED the motion. Regular session closed: Public hearing opened: Len Stanton, Vice Mayor asked if a B&B can have up to 6 people in a home. COMMISSIONER HARRINGTON read the B&B, Guest Room, and Lodge code to the public. Marlene Kenoyer stated she had written a letter to the borough in 2003 regarding lodges that shouldn't be in residential because of the drinking. May 9, 2008 P & Z Commission Special Meeting Minutes Page 3 of 9 Jennifer Moe stated she had submitted a petition opposing the lodge in residential because of the guns with kids so close. Sam Kenoyer stated he lives behind the lodge and on several occasions he's had to call the VPSO because of the drinking and partying. He said he doesn't like sending the kids to school because of it. Robert Hochmuth stated he is opposed to kids going to school because of people walking around with guns and drinking consistently. Patty Livingston stated there was a gun shot through the ceiling of the lodge. She is opposed to this lodge because the drinking and partying is out of hand, and the VPSO has had to be called. Selena Churchill stated this needs to be resolved before hunting season. Can it be moved up on the agenda? Sam Kenoyer stated that minors are drinking also, and there is a large fish and game processing done there. Bill Nelson, Mayor stated the City of Larsen Bay can do an ordinance to keep guns away from the school. Dvorak stated maybe this should be moved on because it deals with public safety. Jennifer Moe stated the Blondin's will say they're grandfathered because it was there so long. Dvorak stated we don't grant grandfathership, we recognize it when it exists. Simeon Squortsoff stated this needs to be addressed by June so it can be taken care of before school starts. COMMISSIONER HARRINGTON told the public they have the tools; a Larsen Bay Ordinance or Zoning Complaint forms. Patty Livingston stated that Randy Blondin was here and he chose to leave. Public hearing closed: Regular session opened: COMMISSIONER HARRINGTON stated there's a lot of reference to firearms and certain behaviors. Is it just residential core area? Are you generally opposed or is it the Patty Livingston said there's also the Maschmedt's next door to her and there's is opposed because it's next to the school and there are strangers with guns. COMMISSIONER JANZ stated schools and lodges are not compatible. There school. She reminded them they have tools to fix this. Dvorak stated the borough can't enforce complaints while there are pending rezo applicant. no problem. She can't be guns at nes. CHAIR KING recessed the meeting at 10:30 p.m. for a short break. CHAIR KING called the meeting back to order at 10:45. A brief discussion. COMMISSIONER WATKINS MOVED to extend the meeting until midnight and review a morning extension at that time. COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous voice vote. May 9, 2008 P & Z Commission Special Meeting Minutes Page 4 of 9 Current Location P & Z Case # 03-012 Blondin, Sarah & Brian Request: A rezone, in accor•ance with KIBC 17.72.030. C (Manner of Initiation), for Larsen Bay Townsite, Tract A Block 7, Lot 4, & Block 8, Lots 3, 4, & 5 from R-1 Single Family Residential to B - Business. Feet 0 1,000 2,000 I 1 I Legend Subject Parcels, TrA Bk 7 Lt 4, & Bk 8 Lts 3, 4, & 5 Parcels Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data. National Highway System, Highways, Roads. Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files +" which may be more up-to-date. Kodiak Island Borough Community Development Department. Current Zoning Larsen Bay Rezone Requests Agent: Multiple Request: Rezone from R-1 SFR to B - Business Seventeen (17) total parcels. O Feet 0 1,000 2,000 I I I Legend Subject Parcels, 17 Total Conservation Light Industrial Public Use Single Family Residential Map prepared for the purpose of showing the Zoning of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour infonnation:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to-date. Kodiak Island Borough Community Development Department. .01 Photo(s) P & Z Case # 03-012 Blondin, Sarah & Brian 11 2 Request: A rezone, in acc• . nce with KIBC 17.72.030 C (Manner of Initiation) for Larsen Bay Townsite Tract A Block 7 Lot 4 & Block 8 Lots 3, 4, & 5 from R-1 Single Family Residential to B - Business. Feet 0 100 200 300 1 I I I 0 Legend Tr A Bk 7 Lt 4 & Bk 8 Lts 3, 4, & 5 Parcels w v Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to-date. Kodiak Island Borough Community Development Department. Public Hearing Item VI -B MEMORANDUM DAI'E: May 8, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the May 9, 2008 Special Meeting CASE: 03-012 APPLICANT: Sarah & Brian Blondin REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A; Block 7, Lot 4 and Block 8, Lots 3, 4, and 5 from R1 -Single-family Residential In B -Business LOCATION: East end of Larsen Bay Townsite Subdivision ZONING: R1 -Single-family Residential Thirty-four (34) public hearing notices were mailed on April 18, 2008. Date of site visit: August 2003, May 2008 LARSEN BAY REZONE UPDATE It was anticipated that a complete staff report could be presented in Larsen Bay for the May 9th special meeting of the KIB Planning and Zoning Commission. Although it was not certain that the Commission would render a decision at this meeting, staff had hoped to present a fairly complete picture of the circumstance of each request to supplement whatever public hearing input was gathered at this meeting. Unfortunately, staff is lacking substantial information pertaining to the individual properties such as building locations, number of guest rooms, seasonal activitiy dates, etc., which are necessary to determine the relative impact of the use on the surrounding properties and the community as a whole. Staff is also anticipating additional information from the City of Larsen Bay regarding utilities and transient accommodation taxes which may also help to describe the level of activity relating to each lodge in Larsen Bay. While it was fully expected that this special meeting would also provide an opportunity for first hand investigation, by staff as well as by the Commissioners themselves, it was hoped that we would be further along with the analysis. The following paragraphs describes generally where the process is at this time. Staff has access to both the 1984 Larsen Bay Comprehensive Plan as well as the recently adopted 2008 Kodiak Island Borough Comprehensive Plan Update. In particular, staff has focused largely on the newer plan because it has a wide range of goals and policies that address where the Larsen Bay community is today. The newer plan recognizes the existence of the 1984 plan Page 1 of 4 Public Hearing Item VI -D however, which is still an adopted plan for the community that can provide guidance in areas not covered or superseded by the newer plan. For this reason, staff has provided the relevant goals and policies for both plans as part of this progress report. In the final staff analysis this information may simply be referenced in the text in order to keep the final report to a reasonable length. In addition to the adopted borough plans, staff is also considering the goals and objectives of the Larsen Bay Community Plan that was adopted by the local community in 2004. Although lacking a specific land use component, the plan contains an excellent vision of the desired future expressed by Larsen Bay residents. This plan, although not a borough sponsored plan, had a high level of local participation and was very good at assisting the community to reach consensus on issues important to the community. In addition, this plan made an effort to involve community residents of all ages. Staff expects to draw heavily from these plans and will try to highlight those goals and objectives which appear to be most relevant. In particular, the final staff report will draw heavily on the following chapters of the 2008 KIB Comprehensive Plan Update, Population, Local Government, Economy, Housing, Transportation, Public Services and Facilities, Parks and Recreation and Environmental Quality. The Larsen Bay section in Chapter 11 of the 2008 plan wilt likely be copied with the staff reports as well as the Larsen Bay Goals and Objectives contained in Chapter 12. As the 1978 Kodiak Island Borough Regional Plan and Development Strategy states, "without goals planning is aimless; it can accomplish very little other than bring to light problems and needs but cannot arrive at solutions." The document goes on to say that "It is important for the decision making bodies to be aware of public desires and the degree to which they conflict with factual data so that the finally adopted goals and objectives can accommodate to the greatest extent possible the perceived needs of the public as well as the actual situations as they exist." Comprehensive, as defined by urban planning practice, has three specific meanings: (1) It means that the general plan should deal with all of the essential physical elements of the urban environment within the boundaries of the contiguous planning area; (2) it means that the general plan should take into account the development trends in the larger geographic setting within which every city and/or borough is situated; and (3) it means that the general plan should be consciously related to the social and economic forces that it proposes to accommodate and that are themselves bound to be affected by the scheme for physical development expressed in the plan. Comprehensive means that a general plan for physical development, to be a logical, reasonable, and useful plan, must recognize and define its relationships with the physical and nonphysical, local and regional, factors that will affect the physical growth and development of the community. The quality of comprehensiveness means that it must be recognized at every stage of plan preparation and plan use, that a plan for physical development is an expression of the social and economic objectives of the community as determined by the elected officials of the local governments. It should not be interpreted to mean that the Planning and Zoning Commission and staff in carrying out their planning responsibilities, also assume responsibility for social and economic planning. Page 2 of 4 Public Hearing Item VI -B To be effective in its primary purpose, establishing the policies for determining appropriate land uses in the plan area, the general plan must focus on the main issues and the "big ideas". The plan document should not include too many details that would obscure or distract attention from the major policies and the major physical design proposals. The plan is intended to provide a general picture of the locations and sizes of the major physical elements of the planning area and to indicate the desirable relationships between them. The plan is a schematic guide, and not a map or blueprint. The general plan must be distinguished from those specific and detailed documents which are intended to implement it, such as the zoning ordinance, subdivision regulations, development plans, and the capital improvements priority and financing programs. Comprehensive planning represents a constitution for land development. It establishes the principles upon which community development is to be based, the ultimate size of the community, the placement of facilities, the distribution of uses and ideally, the timing of development and the mechanism for financing the development of infrastructure. Although given less attention, comprehensive planning requires that the internal planning elements be consistent with each other. Internal inconsistency will be present where insolvable problems are presented and not effectively integrated with the land use plan. The preceding paragraphs provide some philosophical context to the process that we are currently engaged in. Because staff is not fully aware of the physical circumstances of the community and indeed do not have any site information for the subject rezone parcels (other than some photos of the main structures) it is not possible to make a definitive recommendation on the each case prior to this special meeting. Rather than present only half of the picture, based only on the plans and codes available to staff in Kodiak, staff is recommending that this opportunity to travel to Larsen Bay be used to the fullest to obtain the needed physical, social and economic information. Staff has provided an additional attachment with certain code information that is being considered in addition to the various planning documents. With regard to a formal recommendation, the comprehensive planning maps provide a general guide to achieving the stated goals and objectives in the plan. When the plan map indicates commercial, that could be the requested B -Business zone, or it could also be the RB -Retail Business, or the UNC -Urban Neighborhood Commercial zones. Where the plan map indicates mixed use, that could mean the preceding commercial zones or it could also mean the R1 -Single-family, R2 -Two-family or R3 - Multifamily zones, amongst other code options. Gathering the physical, social and economic information from the community will help to determine which zones present the most appropriate solution for the community. The additional attachment also contains information about various forms of transient accommodation. Although the term lodge is used fairly loosely to mean a transient accommodation serving a tourism related clientele, there are many other forms of transient accommodation permitted under the zoning code that may also provide for similar services in a scale consistent with the surrounding development context and community needs. This includes hotels, motels, bed and breakfasts, boarding houses, single -resident occupancies, etc., to name a few. In the final staff report, staff will try to reduce this information to a matrix for easier (and briefer) presentation purposes. Page 3 of 4 Public Hearing Item W -B RECOMMENDATION Staff recommends that the Commission hold a public hearing in Larsen Bay for each of the currently pending rezones, in addition to making their own first hand observations of the physical, social and economic conditions in the community. In order to process this information and integrate it with a future staff analysis, staff recommends that action on these cases be postponed until the next regular meeting at which time staff anticipates making a final definitive zoning recommendation for each pending case. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to postpone action on Case 03-012 until the June 18, 2008 regular meeting of the KIB Planning and Zoning Commission and schedule the case for another public hearing at that time. Page 4 of 4 Case Number 03-011 03-012 33011 03-012 09016 03-010 03411 00012 begatOsscdwbn tartan Stay10wngW, 'tract its tends 1, labs 14 larsen3a51owrsi[e, Tract 0.6od2, low1,2Aand34 LPonenWyTOWn303,Tra6A,Plods 3, Una l ansa Larsen Say Townies. Tract A, No0YT, tot4andelak2. tats 3,4 and S Larsen 6xy10wn3lte, Ira 000. Plods IA bat4 Larsen PayTawnnte, Trutt M AWE 16. lot 10 lawn WY Tuwnsite, Trac A, MOMS b331 Larsen BayTownslte, TaactA, Mock 16, tot12 ilDRtv2 Rano 3-0x30ay3od4Comples Vacant UYd48Ay Lpdge Kadin-AC/tasters Lodge Unknown Unknown NA Kadiettns40 Taws& U2cvs Preset a(B iTaa (meearyatla Unknown 333 UMnwr0 Unknown UnLuwn ihMvwn Unknown Y*Wwn OOrtogb Land Assessed Value (7720070 tat 1-510,000 lot 2.510,000 list 9.553,§00 to21-$3,800 1011A-$0,100 lot 2-520,,000 Anti -53,000 Lot 4 -$30,000 tat3-$3S0G 06e04-$3,500 tot 2-520,000 tot, -$3,700 087) Lot 0-54,800 Lat4.33,4N fete -50,100 Los 10.56,300 /033.33-0800 MI B-50.00 (Vacant/ UIIk08*, Lot 12-$10,CCO Lot 12 - 3106.400 Unknown Nnmugn Building Assessed Value (131007) Lots -$L60,300,.1 lot l-30.00(Va40ny Lot 3-${48,504) Lot l-$0.00Natant) lot 1A-$0.00 (Vacant( 1ot2-$0.00(Vacant) LW3-50.00Natant) Lot 4 -00.00 (Vacant) Lot 3 -$27,500 Lot4-$0.CO3Oacann 1011.0708,280 Lot 5-50.00 (Vacant) tot 3.00.00 (WNW) (870 lute -536.700 Unknown Unknown lot 4472,600 Unknown Lot 10 - 533,600 Unknown CltySalesTaa 7 Unknown NA 50Nnuse Grandfathers Structure(s) ar use 7 Maybe NA N0 N0 N0 No NA No Zoning Compliance 7 No NA N0 Unknown Unknown NO NA NO 4lg4a1 &Ud3ag DedgrtCategory(1o0ge. 8885NU} 8atl24ndai 004 t44bv. tion¢ Sin&o4am*y Residenta110380830n100 ,000-0 4,31k7osaneSOon toll talk 8 einatadamSYRa3aaat ledge NA Lodge MONtleNmdingSend:.es 7 Yes NR Y#3 U.cki»wt UMiwn Lklmrvn NA Uekewwe MOttCafi$Ung Sonoces7 Yes NA Yeo Wes 1103300,3 R£nkmw0 NA U,towo Provideo-erSerenes? tMbtown Nk Unlfwwn Yea Unka%ws if wn NA - Vassasea pMRmees StPledbn Yes ea Ms Yes City Water tewtetntyonsite WartwMOrgtpoval -ttyWrtvOniy; Os-sita Wastewater Disposal Yesk'noite anly, ator ten ivrensitewastewater Yse disposal) Water and Sewer Pate Sewer NA NA Served by City Power Yes NA AA Yes YH Ye YSS Yes blea*Nbl power Rate tU NA 433 Served by[iry Garbage Yes NA Wm Yes Yin Yes YnY Yes NA <IMe Reoulrmenn Alaska Business Urease Yes NA 104 Yes OnkMVM Unknown NA Yes License Number 72TS081an8084yAdv4r6uos;LLC; 403098 Lana Pay A antOrO) 200639 Larsen Boy Swim lNC Y07707 Uyak 0-0711, 727883 Kodiak Carters Lodup 240388 at NA Larsen Bay LID Bay 53,eStANness fin Marshal Review Unknown NA Unknown Unknown U4WOwn Unknown NA Unknown Fee Marshal Sem.it No. Unknown NA Unknown Unknown UOknoWn Unknown NA Unknown ras3b0TsAwsJA} Voles mmenance Permit Na NA No htr N0 No NA `Na $bWPtld iT2R7 Par3F03008x OW15otNeyet Vadat Unknown NA UNAown tMkvwn 5mktwwn 13van NA Unkraaas N-BWtswkR Na NA xa rio NO Na xo lbmmmMn8eve3t! Owner aye M Amen Day? Unknown NA Un6nt,un Unknown Unknown Unknown N0 N0 lodging Use Nire tool Employees 7 Unknown NA Unknkwn Unknown UO4nown Unknown NA Unknown F9mnr5Metlrs plus UAMPreeensive Plan Designation Mixed CemmarCial W8t4443314883(0ential Lots 1 and 1A- Residential; wee 2 and 3 -Commercial; Soto - Residential Mixed 03110Yntlal eommerclal/Watertmnt/Reeldedial COlvox6MA1 Commercial Itnede,3lol Commercial LARSEN BAY POPULATION 1982 to 2007 250 200 150 100 50 0 POPULATION 4 19821983 1984 1985 1986 1987 1988 19891990 1991 1992 1993 1994 1995 199619971998 1999 20D0 20012002 2003 2004 2005 2006,2007 -4—POPULATION KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -E PUBLIC BEARING NOTICE A public hearing will be held on Wednesday, February 20, 2008. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 03-012 APPLICANT: Sarah & Brian Blondin REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4, and 5 from R1 -Single Family Residential to B -Business. LOCATION: 205 & 206 D Street, 208 E Street and 406 Third Street, Larsen Bay. ZONING: RI -Single Family Residential This notice is being sent to you because our records indicate you are a property owner/interested party in the area of' the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department ori& to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486-9396. If you would like to testify via telephone, please call In your comments during the appropriate publlc hearing section of the meeting. The local call -In telephone number Is 486-3231. The toll free telephone number Is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, February 13, 2008, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case, Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. L. /' r /659 u/rc&resh:eef 2n SE your Nuns l�.di Lir L/.. Guard Malting Address; 440,9441/41) f1$ 6609 / Your property description: Ar5en B. 864 S 1 2 Commend: /ten 1 J r tea et 64e,r� re ueslf Illlel.rn,1 ��'] /V l.�1(.4men% J. 014/10444 and jon,1e Lard tel 1 cc c:Lae 41ic. c J.r, wf ele/�reJ sgrviter .....4 sewer sera ice be. ?rent Iced -To Le..lee.-614 each Ind Li: 'gin s re 30 Cee1le.t.>4- ? I (Z. apptv,t4 c --te we enlww Yctj.as4 43 a wlole 10 Facicrrcf Ire eachr epier � �i owner ov.e.. arJnolrTUFwt�sl -oe- alp J bas ,hers €6461 I; s -CI a..nele- os,.. , W_Jaeset_ Taqe o{' 1 II FFB 11 9A,18 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF LARSEN BAY PO BOX 8 • LARSEN BAY, ALASKA • 99624 PHONE: 907-847-2211 • FAX: 907-847-2239 E-MAIL,: CITYOFLARSENBAY@AOL.COM RESOLUTION NO. 08-05 A RESOLUTION REQUESTING THE KODIAK ISLAND BOROUGH PLANING, ZONING AND ASSEMBLY TO POST PONE AL HON ON CASES REGARDING LARSEN BAY, CASES 03-011, 03-012, 03-016, 03-018. WHEREAS, the community unity of Larsen Bay needs to have the Planning and Zoning Plat updated; and, WHEREAS, the Lodges are being constructed without regard to the City of Larsen Bay's input or permission; and, WHEREAS, the residential homes have been converted from residential to commercial enterprises; and, WHEREAS, the Lodges are adjacent to residential homes and the Larsen Bay School causing concern amongst the year around residential community members; and, WHEREAS, any addition building within the community will greatly overtax facilities that service the resident. NOW THEREFORE BE IT RESOLVED THAT: The City of Larsen Bay Council request the Kodiak Island Borough and the Planning and Zoning commission post pone the rezoning in Larsen Bay until these issues ate solved and that the borough Planning and Zoning commission meet the Tarsen Bay at their earliest convenience and halt all future building within the community of Larsen Bay. BE IT FURTHER RESOLVED THAT; the Larsen Bay City Council develop an ordinance for building codes and permits. PASSED AND APPROVED by a duly constituted quorum of the City of Larsen Bay This /9'day of ( cv 4 r1! C4�Y'L/ foo$ 'SIGNED: f ATTEST: y — 0313 " Secretary Treasure) Duane Dvorak Subject: FW: Larsen Bay Comp Plan From: Allen Walburn [mailto:awalburnl@comcast.net] Sent; Wednesday, February 13, 2008 11:41 AM To: Duane Dvorak Subject: Larsen Bay Comp Plan February 13,2008 To: Kodiak Island Borough Planning & Zoning Commission Kodiak, AK 99615 From: Alaska's Kodiak Island Resort P.O. Box 36 Larsen Bay, AK 99624 Subject: Larsen Bay Zoning Dear Sir: Recently we were made aware that the Kodiak Island Borough (KIB) was directly responsible for zoning enforcement and compliance in Larsen Bay. Our company, prior to developing our property was lead to believe that our lot was zoned properly and in complete compliance. This information was conveyed to, us by the property seller as well as Larsen Bay elected officials. At no time were we ever made aware, or noticed that the Kodiak Island Borough was developing and enacting a comprehensive plan that would make our property non- complying. We are not requesting exceptions to KIB regulations, only consistency and equality. Adoption of the KIB comprehensive plan in December 2007 has created several non -complying properties. Unless compelling and convincing arguments are brought forward, in objection, all sites similarly situated should be rezoned together. As a new lodge owner and operator we have operated within the community with a mindset to better our village. Kodiak Island Resort has employed local people, participated and donated to civic projects, paid Kodiak Island Borough property taxes, Larsen Bay's bed taxes in addition to working with a youth KANA program. We want to support our community and borough and only desire to be allowed to continue to operate as we have since our inception in 2006. Please suspend pending requests for rezone and consider adopting a MB plan that addresses all interested and similarly situated parties simultaneously. Only after adoption and implementation of the plan should non- conforming sites seek a rezone or variance. We suggest a meeting with the affected parties in the early spring (May or June). Thank you for your time and consideration of this matter. rely, Allen Walburn Managing Partner Alaska's Kodiak Island Resort 1 Public Hearing Item VII -A • MEMORANDUM I / DATE: June 6, 2008 Vv TO: Planning and Zoning Commission 1 FROM: Community Development Department SUBJECT: Information for the June 18, 2008 Regular Meeting CASE: 03-012 • APPLICANT: Brian & Sara Blondin REQUEST: Adoption of Findings of Fact, in accordance with KIBC 17.72.020, to support the commission's decision on May 9, 2008 to deny a rezone of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4, and 5, frprq R1 -Single Family Residential to B -Business. (Brian & Sam Blondin) LOCATION. Larsen Bay Townsite Subdivision, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4 and 5, ZONING: RI -Single-family Residential Background The Commission recommended denial of the above referenced rezone request at the May 9, 2008 special meeting which was held at the Larsen Bay Community School. When the Commission recommends denial of a proposed zoning boundary amendment (rezone) its action shall be final unless the initiating party, within (10) days, files a written statement with the clerk requesting that the Commission's action be taken up by the Assembly. Before this can happen however, the Commission must complete the decision making process by adopting required "Findings of Fact" upon which the decision was based. These findings are to be delivered to the Assembly in the form of a report as described in the applicable provisions of KIBC 17.72, as follows: 17.72.020 Report from planning and zoning commission. The commission shall report in writing to the assembly on any proposed change or amendment regardlessof the manner in which such change is initiated and such report shall find: A. Findings as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and C. Recommendations as to the approval or disapproval of the change or amendment. It should be noted for the record that the adoption of "Findings" was postponed until the next regular meeting (June 18, 2008) as permitted by the KJB Planning and Zoning Commission Bylaws which were last reviewed and approved by the Assembly on March 16, 2006. Case 03-012/Findings of Fact Page 1 of 5 P & Z: June 18, 2008 Public Hearing Item VII -A In the context of the proposed "Findings" that follow, it may be appropriate to provide some additional code citations regarding the authority, purpose and intent of the borough zoning regulations. KIBC 17.01.020 Purpose. It is the purpose of this title to promote the health, safety, and general welfare through the use of uniform district regulations concerning: A. Land use; B. Building location and use; C. The height and size of structures; D. The number of stories in buildings; E. The percentage of a lot which may be covered; F. The size of open spaces; and G. Population density and distribution. KIBC 17.01.030 Intent. It is the intent of this title to: A. Provide for orderly development; B. Lessen street congestion; C. Promote fire safety and public order; D. Protect the public health and general welfare; E. Prevent overcrowding; F. Stimulate systematic development of transportation, water, sewer, school, park and other public facilities; and G. Encourage efficiency in the use of energy and the substitution of energy from renewable sources for energy from fossil fuels. KIBC 17.02.020 Reference and use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. KIBC 17.02.030 Comprehensive Plan. For the purpose of this title, the Kodiak Island Borough Comprehensive Plan consists of the following documents: A. Kodiak Island Borough Comprehensive Plan Update dated December 6, 2007, prepared by Cogan -Owens -Cogan and the Kodiak Island Borough. *** *** *** *** *** I. City of Larsen Bay Comprehensive Development Plan. Prepared by Norgaard Consultants (Adopted by Resolution No. 84-117-R, dated November 1, 1984). Case 03-012/Findings of Fact Page 2 of 5 P & Z: June 18, 2008 Photo(s) P & Z Case # 03-012 Blondin, Sarah & Brian Request: A rezone, in acc• .. nce with KIBC 17.72.030 C (Manner of Initiation) for Larsen Bay Townsite Tract A Block 7 Lot 4 & Block 8 Lots 3, 4, & 5 from R-1 Single Family Residential to B - Business. Legend Tr A Bk 7 Lt 4 & Bk 8 Lts 3, 4, & 5 Parcels Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to-date. Kodiak Island Borough Community Development Department. Public Hearing Item VI -B MEMORANDUM DATE: May 8, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the May 9, 2008 Special Meeting CASE: 03-012 APPLICANT: Sarah & Brian Blondin REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A; Block 7, Lot 4 and Block 8, Lots 3, 4, and 5 from R1 -Single-family Residential B -Business LOCATION: East end of Larsen Bay Townsite Subdivision ZONING: R1 -Single-family Residential Thirty-four (34) public hearing notices were mailed on April 18, 2008. Date of site visit: August 2003, May 2008 LARSEN BAY REZONE UPDATE It was anticipated that a complete staff report could be presented in Larsen Bay for the May 9th special meeting of the KIB Planning and Zoning Commission. Although it was not certain that the Commission would render a decision at this meeting, staff had hoped to present a fairly complete picture of the circumstance of each request to supplement whatever public hearing input was gathered at this meeting. Unfortunately, staff is lacking substantial information pertaining to the individual properties such as building locations, number of guest rooms, seasonal activitiy dates, etc., which are necessary to determine the relative impact of the use on the surrounding properties and the community as a whole. Staff is also anticipating additional information from the City of Larsen Bay regarding utilities and transient accommodation taxes which may also help to describe the level of activity relating to each lodge in Larsen Bay. While it was fully expected that this special meeting would also provide an opportunity for first hand investigation, by staff as well as by the Commissioners themselves, it was hoped that we would be further along with the analysis. The following paragraphs describes generally where the process is at this time. Staff has access to both the 1984 Larsen Bay Comprehensive Plan as well as the recently adopted 2008 Kodiak Island Borough Comprehensive Plan Update. In particular, staff has focused largely on the newer plan because it has a wide range of goals and policies that address where the Larsen Bay community is today. The newer plan recognizes the existence of the 1984 plan Page 1 of 4 Public Hearing Item VII -A Findings It is necessary for the Commission to adopt findings of fact in support of the decision in this case before the petitioners can decide whether to elevate the case to the Assembly level for additional review. Subsequent to the May 9th special meeting, the commissioners have transmitted their individual rationales to staff in order to facilitate drafting of the findings herein. These findings are themselves considered to be a draft document until approved by the Commission, with or without amendment. tTh Findings as to the need and iustification for a change or amendment. The rezone of Larsen Bay Townsite Subdivision, Tract A, Block 7, Lot 4 and Block 8,. Lots 3, 4 and 5, from R1 -Single-family Residential to B -Business is not necessary and justified because: A. -B-Business zoning is inconsistent with the current residential character of the neighborhood area. B. The petitioner did not present justification for the rezone other than the fact that anillegal lodging use has been established in R1 -Single-family Residential zoning without benefit of zoning compliance. Such zoning compliance would have been denied for most lodging uses as R1 -Single- family Residential is the most restrictive residents 1 zoning district. R1 could however allow a Bed & Breakfast ust-operty with a single family dwelling subject to a conditional use permit. G C. The B -Business zoning district permits a wide range of commercial activities and uses that are not compatible with the nearby Larsen Bay School. Public testimony, both current and historical (from a 2003 public hearing) reflect an ongoing conflict as a direct resin of the close proximity of this lodge (Kodia harters Lod e�) wit � ea �Se» Ba ublic School. A `majority of resident save expressed con erns Poi p b is 141th and safety in relation to the noise and activity of lodge clients which according to public testimony has at times has included the mixing of alcohol use and firearms handling. If the properties are rezoned B -Business, an allowable use would include drinking establishments and this is clearly an incompatible use with the public facilities located right next to this neighborhood. The firearms issue is one the city must address through its own ordinance authority, however maintaining the existing residential zoning will discourage further expansion of conflicting uses of a commercial nature. The community identified specific characteristics of the existing illegal lodging use that make the area right next to the school incompatible with that use and any substantial expansion or enlargement of the use that might be permitted under the B -Business zoning district, including but not limited to noise issues, concems for gun safety, alcohol consumption (both indoors and outdoors and occasional disturbance of the peace) -- #-y jt f/?5/clf/YL 4%t# �1.0 NO -6 "-Grin .33' 5 o.nC Case 03-012/F- i sidings of Fact Page 3 of 5 P & Z: June 18, 2008 Public Hearing Item VII -A E. Expansion of the existing lodging use which is located in two residential structures and spread over four (4) lots could exceed the capacity of the existing sewage treatment capability which is comprised of a community septic tank and outfall line to the near shore mixing zone along the Larsen Bay shoreline. F. B -Business zoning of the requested lots would contribute to the reduction of residential land available in the community which is currently losing its year around population according to State of Alaska based population projections. Strong concerns were expressed about the perceived trend of people departing the Larsen Bay community and selling their residential property to commercial (primarily lodge) developers as an impediment to the return of year -around community based residents. 2. Findings as to the effect a change or amendment would have on the goals and objectives of the comprehensive plan. A. The January 2008 KIB Comprehensive Plan states as a "Goal and Implementation Action" for Larsen Bay, "Require that public education in Larsen Bay meet or exceed established educational standards for formal education required for students to excel in the trade or profession of their choice and culture place based education that establishes positive self awareness and self esteem in our community youth". B -Business zoning of the proposed properties located so close to the community school could conflict negatively with this goal. B. The January 2008 KJB Comprehensive Plan states as an "Issue" for Larsen Bay "Address concerns about social impacts of some lodges located within neighborhoods", C. The January 2008 KIB Comprehensive Plan designates the proposed lots for Mixed Use development which can be interpreted as Waterfront Development, Commercial Development or Residential Development. Given the lack of easily expandable or upgradeable infrastructure to support additional growth and development in this area, the historical residential use and character of the area, and close proximity of the community school, for this area to remain residential is consistent with the flexible Mixed Use land use designation. D. The comprehensive plan recognizes the need to provide adequate land opportunities for a balanced mix of different uses to support the community including residential, institutional, commercial and industrial land uses and associated development. That said, the community strongly indicated a preference in this request to preserve and maintain residential lands from unnecessary or speculative conversion to commercial use in order to preserve residential capacity in the community in the face of strong economic incentives to develop lodges in order to benefit from a seemingly strong lodging market in Larsen Bay. E. While the proposed II -Business zoning allows a wide range of commercial uses, the proposal to provide after -the -fact legitimacy to the existing lodging use (if not code compliance for the conversion of the residential Case 03-012/Findings of Fact Page 4 of 5 P & Z: June 18, 2008 Public Hearing Item VII -A structures themselves to commercial use) does not in any way address many of the other needs expressed in the Larsen Bay comprehensive plan goals and objectives. Larsen Bay is a community without a true community store or virtually any other business venture that would contribute to the community as a whole and make the community a better place to live, work and raise a family. Recommendation Staff recommends that the Commission adopt fmdings in support of its recommendation of denial for Case 03-012 which accurately reflect the Commissions rationale for this decision. These "Findings of Fact" support the decision reached by the Planning & Zoning Commission on May 10, 2008 to recommend denial of this request to the borough Assembly. Subject to the payment of an additional hearing review fee, the petitioner will have ten (10) working days from the date of "findings" adoption to request an elevation of this request to the borough Assembly before this case becomes null and void. Motion Move to adopt the findings presented in the staff memorandum dated June 6, 2008 as "Findings of Fact" for Case 03-012. Case 03-012/Findings of Fact Page 5 of 5 P & Z: June 18, 2008 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION LARSEN BAY SPECIAL MEETING MAY 9, 2008 MINUTES CALL TO ORDER The special meeting of the Planning and Zoning Commis CHAIR KING on May 9, 2008 in the Larsen Bay School, ROLL CALL n was called to order at 7:40 p.m. by Commissioners Present Excused Absent Others Present Dave King -Chair X Brent Watkins X Casey Janz X Bill Kersch X Gary Juenger X Jim Purdy X Erin Harrington X Bud Cassidy, Director Community Development Dept. Sheila Smith, Secretary Community Development Dept. Duane Dvorak, Assoc. Planner A quorum was established. APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER PURDY, and it CARRIED by unanimous voice vote. APPROVAL OF MINUTES There were no minutes. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Tim Carlson inquired about the 10 acre parcels of the native allotments, stating they were told the zoning was Conservation and couldn't be rezoned to Business, but now after a lot of their land has been sold it is now zoned Business from Conservation. Change of ownership is leading to more lodges. Simeon Squortsoff stated lodges are going up quick, and how are the future kids going to make it when everything is zoned out. He also has a problem with a lodge next to the school. Randy Blondin stated we need to figure out how to zone the set net operations. He also claims there is adequate vacant housing. Patty Livingston would like the whole town to be zoned commercial, Roy Jones, VPSO, stated residential land isn't really residential because it is being squeezed out. He stated when land opens up for sale the locals are outbidded by out of state and out of town people. When land is sold it becomes Business zoned. There isn't enough housing and as a result people are forced to leave, which now the school may have to close due to there not being enough kids to keep it open. Is this Lodge Bay or Larsen Bay? There should be designated future May 9, 2008 P & Z Commissi Special Meeting Minutes Page l of 9 2 land for local business. Growth in Larsen Bay has stopped and we need to fix it so it can grow. We need RI so when it sells it won't be a lodge. Jay Wattam stated there are about 6 operating lodges in the summer from about May 1 through October. Simeon Squortsoff stated if commercial is zoned in to certain areas then there's a monopoly on the land. Corporations or lodging people can afford it but not the locals. There is no room for expansion because we are down to the bare minimum. Patty Livingston stated it should be zoned Business so if someone wants to open a coffee shop because the locals make little money. Randy Blondin stated there are many vacant homes. Some people will be in commercial zoning and some will not. It is not fair to zone these commercial but tell the locals they can't open a business. Sam Kenoyer stated there aren't enough homes to live in. The houses owned by summer people shut down in the winter. Larsen Bay needs a new water treatment plant and the hydro plant needs repairs. There are "Boil Water" notices sent out regularly. There is no room for building until the infrastructure is updated. The electrical system is maxed out when the cannery is in operation. We don't need more lodges, we need more businesses. Jennifer Moe asked if once property is rezoned can it be rezoned again later. Troy Wise stated there were gland sales last year so the opportunity is here. Patty Livingston stated this is the native village of Larsen Bay. It is becoming more non-native than native, and our resources are being taken away. Selena Churchill asked if there are laws that limit the amount of lodges per community. Rome Carlson expressed concern about guns being handled around the school zone. Recessed at 8:40 p.m. Re -convened at 9:00 p.m. PUBLIC HEARINGS COMMISSIONER JANZ MOVER TO POSTPONE action on Case 03 011 until late the -motion. Public-hearngopen May 9, 2008 P & Z Commission Special Meeting Minutes Page 2 of 9 B) Case 03-012. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3,4, and 5 from R1 -Single Family Residential to B -Business. Dvorak gave a brief staff report and stated staff's recommendation is to postpone allowing for more information to be gathered due to these cases being complex. COMMISSIONER JANZ MOVED TO FORWARD a request to rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4, and 5 from RI -Single Family Residential to B -Business. The location is 205 and 206 D Street, 208 E Street and 406 Third Street, Larsen Bay, and to defer the findings of fact to the June 18, 2008 regular meeting of the KIB Planning and Zoning Commission. COMMISSIONER WATKINS SECONDED the motion. Regular session closed: Public hearing opened: Len Stanton, Vice Mayor asked if a B&B can have up to 6 people in a home. COMMISSIONER HARRINGTON read the B&B, Guest Room, and Lodge code to the public. Marlene Kenoyer stated she had written a letter to the borough in 2003 regarding lodges that shouldn't be in residential because of the drinking. May 9, 2008 P & Z Commission Special Meeting Minutes Page 3 of 9 Jennifer Moe stated she had submitted a petition opposing the lodge in residential because of the guns with kids so close. Sam Kenoyer stated he lives behind the lodge and on several occasions he's had to call the VPSO because of the drinking and partying. He said he doesn't like sending the kids to school because of it. Robert Hochmuth stated he is opposed to kids going to school because of people walking around with guns and drinking consistently. Patty Livingston stated there was a gun shot through the ceiling of the lodge. She is opposed to this lodge because the drinking and partying is out of hand, and the VPSO has had to be called. Selena Churchill stated this needs to be resolved before hunting season. Can it be moved up on the agenda? Sam Kenoyer stated that minors are drinking also, and there is a large fish and game processing done there. Bill Nelson, Mayor stated the City of Larsen Bay can do an ordinance to keep guns away from the school. Dvorak stated maybe this should be moved on because it deals with public safety. Jennifer Moe stated the Blondin's will say they're grandfathered because it was there so long. Dvorak stated we don't grant grandfathership, we recognize it when it exists. Simeon Squortsoff stated this needs to be addressed by June so it can be taken care of before school starts. COMMISSIONER HARRINGTON told the public they have the tools; a Larsen Bay Ordinance or Zoning Complaint forms. Patty Livingston stated that Randy Blondin was here and he chose to leave. Public hearing closed: Regular session opened: COMMISSIONER HARRINGTON stated there's a lot of reference to firearms and certain behaviors. Is it just residential core area? Are you generally opposed or is it the applicant. Patty Livingston said there's also the Maschmedt's next door to her and there's no problem. She is opposed because it's next to the school and there are strangers with guns. COMMISSIONER JANZ stated schools and lodges are not compatible. There can't be guns at school. She reminded them they have tools to fix this. Dvorak stated the borough can't enforce complaints while there are pending rezones. CHAIR KING recessed the meeting at 10:30 p.m. for a short break. CHAIR KING called the meeting back to order at 10:45. A brief discussion. COMMISSIONER WATKINS MOVED to extend the meeting until midnight and review a morning extension at that time. COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous voice vote. May 9, 2008 P & Z Commission Special Meeting Minutes Page 4 of 9 Current Location P & Z Case # 03-012 Blondin, Sarah & Brian Request: A rezone, in accordance with KIBC 17.72.030. C (Manner of Initiation), for Larsen Bay Townsite, Tract A, Block 7, Lot 4, & Block 8, Lots 3, 4, & 5 from R-1 Single Family Residential to B - Business. J A Feet 0 1,000 2,000 l I I Legend Subject Parcels, Tr A Bk 7 Lt 4, & Bk 8 Lts 3, 4, & 5 Parcels Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to-date. Kodiak Island Borough Community Development Department. Current Zoning Larsen Bay Rezone Requests Agent: Multiple Request: Rezone from R-1 SFR to B - Business Seventeen (17) total parcels. 0 L Feet 1,000 2,000 Legend Subject Parcels, 17 Total Conservation Light Industrial Public Use Single Family Residential W Map prepared for the purpose of showing the Zoning of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour infomiation:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to-date. Kodiak Island Borough Community Development Department. Photo(s) P & Z Case # 03-012 Blondin, Sarah & Brian Request: A rezone, in accordance with KIBC 17.72.030 C (Manner of Initiation) for Larsen Bay Townsite Tract A Block 7 Lot 4 & Block 8 Lots 3, 4, & 5 from R-1 Single Family Residential to B - Business. Legend Tr A Bk 7 Lt 4 & Bk 8 Lts 3, 4, & 5 Parcels Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information.USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1.63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to-date. Kodiak Island Borough Community Development Department. Public Hearing Item VI -B MEMORANDUM DATE: May 8, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the May 9, 2008 Special Meeting CASE: 03-012 APPLICANT: Sarah & Brian Blondin REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A; Block 7, Lot 4 and Block 8, Lots 3, 4, and 5 from R1 -Single-family Residential to B -Business LOCATION: East end of Larsen Bay Townsite Subdivision ZONING: R1 -Single-family Residential Thirty-four (34) public hearing notices were mailed on April 18, 2008. Date of site visit: August 2003, May 2008 LARSEN BAY REZONE UPDATE It was anticipated that a complete staff report could be presented in Larsen Bay for the May 9th special meeting of the KIB Planning and Zoning Commission. Although it was not certain that the Commission would render a decision at this meeting, staff had hoped to present a fairly complete picture of the circumstance of each request to supplement whatever public hearing input was gathered at this meeting. Unfortunately, staff is lacking substantial information pertaining to the individual properties such as building locations, number of guest rooms, seasonal activitiy dates, etc., which are necessary to determine the relative impact of the use on the surrounding properties and the community as a whole. Staff is also anticipating additional information from the City of Larsen Bay regarding utilities and transient accommodation taxes which may also help to describe the level of activity relating to each lodge in Larsen Bay. While it was fully expected that this special meeting would also provide an opportunity for first hand investigation, by staff as well as by the Commissioners themselves, it was hoped that we would be further along with the analysis. The following paragraphs describes generally where the process is at this time. Staff has access to both the 1984 Larsen Bay Comprehensive Plan as well as the recently adopted 2008 Kodiak Island Borough Comprehensive Plan Update. In particular, staff has focused largely on the newer plan because it has a wide range of goals and policies that address where the Larsen Bay community is today. The newer plan recognizes the existence of the 1984 plan Page 1 of 4 Public Hearing Item VI -B however, which is still an adopted plan for the community that can provide guidance in areas not covered or superseded by the newer plan. For this reason, staff has provided the relevant goals and policies for both plans as part of this progress report. In the final staff analysis this information may simply be referenced in the text in order to keep the final report to a reasonable length. In addition to the adopted borough plans, staff is also considering the goals and objectives of the Larsen Bay Community Plan that was adopted by the local community in 2004. Although lacking a specific land use component, the plan contains an excellent vision of the desired future expressed by Larsen Bay residents. This plan, although not a borough sponsored plan, had a high level of local participation and was very good at assisting the community to reach consensus on issues important to the community. In addition, this plan made an effort to involve community residents of all ages. Staff expects to draw heavily from these plans and will try to highlight those goals and objectives which appear to be most relevant. In particular, the final staff report will draw heavily on the following chapters of the 2008 KIB Comprehensive Plan Update, Population, Local Government, Economy, Housing, Transportation, Public Services and Facilities, Parks and Recreation and Environmental Quality. The Larsen Bay section in Chapter 11 of the 2008 plan will likely be copied with the staff reports as well as the Larsen Bay Goals and Objectives contained in Chapter 12. As the 1978 Kodiak Island Borough Regional Plan and Development Strategy states, "without goals planning is aimless; it can accomplish very little other than bring to light problems and needs but cannot arrive at solutions." The document goes on to say that "It is important for the decision making bodies to be aware of public desires and the degree to which they conflict with factual data so that the finally adopted goals and objectives can accommodate to the greatest extent possible the perceived needs of the public as well as the actual situations as they exist." Comprehensive, as defined by urban planning practice, has three specific meanings: (1) It means that the general plan should deal with all of the essential physical elements of the urban environment within the boundaries of the contiguous planning area; (2) it means that the general plan should take into account the development trends in the larger geographic setting within which every city and/or borough is situated; and (3) it means that the general plan should be consciously related to the social and economic forces that it proposes to accommodate and that are themselves bound to be affected by the scheme for physical development expressed in the plan. Comprehensive means that a general plan for physical development, to be a logical, reasonable, and useful plan, must recognize and define its relationships with the physical and nonphysical, local and regional, factors that will affect the physical growth and development of the community. The quality of comprehensiveness means that it must be recognized at every stage of plan preparation and plan use, that a plan for physical development is an expression of the social and economic objectives of the community as determined by the elected officials of the local governments. It should not be interpreted to mean that the Planning and Zoning Commission and staff in carrying out their planning responsibilities, also assume responsibility for social and economic planning. Page 2 of 4 Public Hearing Item VI -B To be effective in its primary purpose, establishing the policies for determining appropriate land uses in the plan area, the general plan must focus on the main issues and the "big ideas". The plan document should not include too many details that would obscure or distract attention from the major policies and the major physical design proposals. The plan is intended to provide a general picture of the locations and sizes of the major physicalelements of the planning area and to indicate the desirable relationships between them. The plan is a schematic guide, and not a map or blueprint. The general plan must be distinguished from those specific and detailed documents which are intended to implement it, such as the zoning ordinance, subdivision regulations, development plans, and the capital improvements priority and financing programs. Comprehensive planning represents a constitution for land development. It establishes the principles upon which community development is to be based, the ultimate size of the community, the placement of facilities, the distribution of uses and ideally, the timing of development and the mechanism for financing the development of infrastructure. Although given less attention, comprehensive planning requires that the internal planning elements be consistent with each other. Internal inconsistency will be present where insolvable problems are presented and not effectively integrated with the land use plan. The preceding paragraphs provide some philosophical context to the process that we are currently engaged in. Because staff is not fully aware of the physical circumstances of the community and indeed do not have any site information for the subject rezone parcels (other than some photos of the main structures) it is not possible to make a definitive recommendation on the each case prior to this special meeting. Rather than present only half of the picture, based only on the plans and codes available to staff in Kodiak, staff is recommending that this opportunity to travel to Larsen Bay be used to the fullest to obtain the needed physical, social and economic information. Staff has provided an additional attachment with certain code information that is being considered in addition to the various planning documents. With regard to a formal recommendation, the comprehensive planning maps provide a general guide to achieving the stated goals and objectives in the plan. When the plan map indicates commercial, that could be the requested B -Business zone, or it could also be the RB -Retail Business, or the UNC -Urban Neighborhood Commercial zones. Where the plan map indicates mixed use, that could mean the preceding commercial zones or it could also mean the R1 -Single-family, R2 -Two-family or R3 - Multifamily zones, amongst other code options. Gathering the physical, social and economic information from the community will help to determine which zones present the most appropriate solution for the community. The additional attachment also contains information about various forms of transient accommodation. Although the term lodge is used fairly loosely to mean a transient accommodation serving a tourism related clientele, there are many other forms of transient accommodation permitted under the zoning code that may also provide for similar services in a scale consistent with the surrounding development context and community needs. This includes hotels, motels, bed and breakfasts, boarding houses, single -resident occupancies, etc., to name a few. In the final staff report, staff will try to reduce this information to a matrix for easier (and briefer) presentation purposes. Page 3 of 4 Public Hearing Item VI -B RECOMMENDATION Staff recommends that the Commission hold a public hearing in Larsen Bay for each of the currently pending rezones, in addition to making their own first hand observations of the physical, social and economic conditions in the community. In order to process this information and integrate it with a future staff analysis, staff recommends that action on these cases be postponed until the next regular meeting at which time staff anticipates making a final definitive zoning recommendation for each pending case. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to postpone action on Case 03-012 until the June 18, 2008 regular meeting of the KIB Planning and Zoning Commission and schedule the case for another public hearing at that time. Page 4 of 4 Cafe Number 03011 03011 03011 03-012 08016 03-018 03-035 06022 legal00Wp4on Innen BayTown*try Trott A, Bloc 1, Iets13 IarsenBayTomuce,TnttA Olookl, lots L,2A and 24 102oaOayTownsit;Tran A Block 3, totsland21nt4and Larsen Ray T nslte, Sods ANoak 7, Nock B. 10033,4 and 3 Innen Say towMte, Tract 0. NON 19, tote Larsen Bay Townsile, Trac A Cock 26, Lot 10 Lama O4Tow0Slte,Tra4 A Nock 30a13 Larsen Boylownsite, !man, Nuk16.fotll ttrtvu,n/Srysvx Lunen Bay bdgeWmpka Vavnt VYak &Ytodt6a KOSakQ.NsentMR UnkMwn _ _. .. Unknown ...... XA Kodiaklodge 6.111/ NANNY. Payment of&eera fro ineatoofLS) Unknown NA Unknown Unknown Unknown Unnkewn Un84003 Unknown Borough Land Assessed Value (1Y2007) .1001410,000 1002-510,000 UM 3433000 Lai 1-33,800 Int la-S5,2o0 Lott -520,000 LAI- 53,800 Lot O-330000 1001410,000 1002-$0,800 1003-33,500 IRC -$3,500 Lin 5.53,200 (87) UM443,000 lot4$3,300 Lot 10-$6,300 1003-$3,860 lot LI- $10,0.0 Waugh 8u3MIM Assessed Value (0007) 10014188,300 Lott-50.30(Vacant) lot34148,800 lot 1-$0.00 (Vacant) 1ot2A-50.00(Vaant) Lata-30M(Vacant) Lot 3-$600 (Vacant) 1000-$0.00(Vacant) tot 142080200 lot 2,$0.00MOWN 1003427,500 Lot4-$0.00 Natant) lot 5-$0.001 Vacant) (07)1.04-$36.700 1004$72.600 10010- $ 33,600 tot3- n ryaCant) w6,ao8 City LlesTovi I Unknown NA Unknown Unknown UnW,Own Unknown Unknown038 unknown 50NQun Gnndlathered Structure(s) or use' I Maybe NA No No NO No NA No Zoning Compliance' 'Ne NA No Unknown UoknOwn No NA No WOW Bolding OdonCategM(todge, 88Q540) Residential MdlodSo None tOd3e Sgle-fam3YPgidenUal(otw3fRon tot 4,8117oMme 3MRon Int 3.648 4neChmOYResidential lodgo NA lodge 2hmdtlaXUMty3xgses7 !Yet NA Yes Unknown Unknnml Unknown N* Unknown Magda ikhIng&&Mao? ! Yes NA 700 Yes UnknPM1 Unknown NA Unknown P2NdoOtbee Son's 7 . Onkmwn NA UM4wn Unknown Unknown Unknown NA OMoown CNPRrvkn Mimed by City Water and Sewat Yes NA Yes Yes CltyWalor Only; On@he Wastewater Disposal OtWaterOW Cm -ire Wastewater Disposal Yes Yes Pater only, septk system for nuke wastewater disposal Water ands moot Ras NA NA Send byGoy Power Ye, NA Yes Yes Yes Yes Yes Yes Electrical Power Rate NA Np Served by City Carbolic Yen NA Yes Yes Yes Yes 300s Yes tyA $Mbm,MN oOuslneuUeonte AlaskaskaNobles" Yes NA 10 Yes Unknown Unknown NA Yes License Number 727508 Larsen Ray Adventure; LLC: 4030331arun AtlynnWreN 308639 laknoBay btlpo0NC 9-0/797 087 ILC 727683 Kodiak Charters Lodge 8138 2WenRay CYO gear LarsenRayLTO /Ire ma /Ire Mahal Review Unknown NA Unknown unknown Unknown Unknown NA Unknown NRmarshal PNmi No, Unknown NA unknown unknown Unknown Unknown NA unknown reseRhRepwmrePta ]AMngwmpRance Permh N0 NA No No No No NA po 00roughTa Pad 4 Parch Yu 8426;18 Height VXks, Unknown XA unknown U*Mon Unknown Unknown NA Unknown aLWetSuni NO NA No ow NO 0(5ry No Ne 10I00Wr8 Unwell Oval orlive In lance Bay 7 Unknown NN Unknown Unknown Unknown Unknown No No Ial4ing Use Nlre Loot MOM..? Unknown NA Unknown Unknown Unknown Unknown NA Unknown SOMorebtrigve Pion miles Comprehensive plan Designation MNed Commercial/Waterfront/Residential Lots land IA- Residential; bb 2 and 3-fammefdal; lona- Residential ReAdendal Mixed Commw'alAVatulmnt/Resldendal Commercial Commercial Residential Commndal LARSEN BAY POPULATION 1982 to 2007 250 200 150 100 50 0 POPULATION • • • • r 19821983198419851986198719881989199019911992199319941995199619971998199920002001200220032004200520062007 -4—POPULATION KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -E PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, February 20, 2008. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 03-012 APPLICANT: Sarah & Brian Blondin REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4, and 5 from R1 -Single Family Residential to B -Business. LOCATION: 205 & 206 D Street, 208 E Street and 406 Third Street, Larsen Bay. ZONING: RI -Single Family Residential This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department gdps to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486-9396. 0 you would like to testify via telephone, please call In your commenu during the appropriate public hearing section of the meeting. The local call -In telephone number le 486-3231. The toll free telephone number Is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, February 13, 2008, a work session will be held at 7:30 p.m: in the Kodiak Island Borough Conference Room (#121), to review the packet materiel 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 flee to call us at 486-9363. / /657 4 c4r(aod An SE Your Nome: ry6�et L. /` 'c44rc:) Muffing Address: 41es piLfrni AIS 6&o?1 Your property Comments: description: APS", Bet i BieJ S • I al 2 r, Royer G« avd, roe utlKe D mmunTj..Karma', ApaPlifteml and jovial t.dr4 tra?lre dIIMC*TTC (.4304.107 1,e4ered eee}rk. Ser'de ) eLwdSewce senate be ?toy; clad 4©. eni lei b n -Me reyntll Ceve)t ?Rio g. to Oapr vA 04 kc Ye r. -..q Yr oraci as ct. 1.4.40/¢ -fa osccatol eez 1 picot/ esev%eD era wpor�-uwi 4i —c- r i bet..t;ha54 e5 b 1;51n+.Ial F r .l c7' '{a9¢. 1 «' '1 PI, FFR 11 2f1 • COMMUNITY DEVELOPMENT DEPARTMENT CITY OF LARSEN BAY PO 130X 8 • LARSEN BAY, ALASKA • 99624 PHONE: 907-847-2211 • FAX: 9U7 -B17-2239 E-MAIL: CITYOPLARSLNBAY@AOL.COM RESOLUTION NO. 08-05 A RESOLUTION REQUESTING THE KODIAK ISLAND BOROUGH PLANING, ZONING AND ASSEMBLY TO POST PONE ACTION ON CASES REGARDING LARSEN BAY, CASES 03-011, 03-012, 03-016, 03-018. WHEREAS, the community unity of Larsen Bay needs to have the Planning and Zoning Plat updated; and, WHEREAS, the Lodges axe being constructed without regard to the City of Larsen Bay's input or permission; and, WHEREAS, the residential homes have been converted from residential to c enterprises; and, WHEREAS, the Lodges are adjacent to residential homes and the Larsen Bay School causing concern amongst the year around residential community members; and, WHEREAS, any addition building within the community will greatly overtax facilities that service the resident. NOW THEREFORE BE IT RESOLVED THAT: The City of Larsen Bay Council request the Kodiak Island Borough and the Planning and Zoning commission. post pone the rezoning in Larsen Bay until these issues are solved and that the borough Planning and Zoning commission meet the Larsen Bay at their earliest convenience and halt all future building within the community of Larsen Bay. BE TT FURTHER RESOLVED THAT; the Larsen Bay City Council develop an ordinance for building codes and permits. PASSED AND APPROVED by a duly constituted quorum of the City of Larsen Bay Thisday of /%e, h Y a;rtf ?°Os 'SIGNED. A Secretary Treasure) Duane Dvorak Subject: FW: Larsen Bay Comp Plan From: Allen Walburn [mailto:awalburnl@comcast.net] Sent Wednesday, February 13, 2008 11:41 AM To: Duane Dvorak Subject: Larsen Bay Comp Plan February 13,2008 To: Kodiak Island Borough Planning & Zoning Commission Kodiak, AK 99615 From: Alaska's Kodiak Island Resort P.O. Box 36 Larsen Bay, AK 99624 Subject: Larsen Bay Zoning Dear Sir: Recently we were made aware that the Kodiak Island Borough (KIB) was directly responsible for zoning enforcement and compliance in Larsen Bay. Our company, prior to developing our property was lead to believe that our lot was zoned properly and in complete compliance. This information was conveyed to, us by the property seller as well as Larsen Bay elected officials. At no time were we ever made aware, or noticed that the Kodiak Island Borough was developing and enacting a comprehensive plan that would make our property non- complying. We are not requesting exceptions to KIB regulations, only consistency and equality. Adoption of the KIB comprehensive plan in December 2007 has created several non -complying properties. Unless compelling and convincing arguments are brought forward, in objection, all sites similarly situated should be rezoned together. As a new lodge owner and operator we have operated within the community with a mindset to better our village. Kodiak Island Resort has employed local people, participated and donated to civic projects, paid Kodiak Island Borough property taxes, Larsen Bay's bed taxes in addition to working with a youth KANA program. We want to support our community and borough and only desire to be allowed to continue to operate as we have since our inception in 2006. Please suspend pending requests for rezone and consider adopting a KIB plan that addresses all interested and similarly situated parties simultaneously. Only atter adoption and implementation of the plan should non- conforming sites seek a rezone or variance. We suggest a meeting with the affected parties in the early spring (May or June). Thank you for your time and consideration of this matter. Sincerely, Allen Walburn Managing Partner Alaska's Kodiak Island Resort 1 3-r `rIN:5 ca£ e5 l �n a res coen,-vaA Gre T rcnsk„ -I aoric0 .14 °+ccotn 'da -1 &n s °> ] Tenj 61-d aiiV g i/G, a s i " -toA aI c cr'I2`x'"5 Pubi,'� 5ae-?e,i c -r S 7' gni worL, IQe2.teel ✓t, 2-i e- den se s 4 d T�vle r—' QciSOe •�2G�/' Tr aee, t, aeaes 4Lc. s ? no-{ 5r J-� JL /£ r-- II Co&iis_tmeni wA/h Y�'e k Ucrr'S i coMM 1N;T( DEVE V'Sa1V4/A raiihr - hZ/ A ecci foe_ -2, be, -/A, A -/ reeedal flood k fesolc(, NOTE TO READER: ITEMS THAT HAVE A INDICATES EXISTING CODE LANGUAGE THAT IS PROPOSED TO BE DELETED. UNDERLINED LANGUAGE IS NEW LANGUAGE THAT IS PROPOSED FOR INSERTION. ALL OTHER UNMARKED LANGAUGE IS EXISTING CODE THAT IS PROPOSED TO LEFT UNCHANGED. 17.06.055 Bed and breakfast (B&B). "Bed and breakfast (B&B)" means overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation. The operator of the B&B must reside on the premises and the maximum number of rooms that can be rented out is five (5). A Bed and Breakfast must provide 1 additional parking spaces beyond the normal requirement for a single family dwelling unit for a two room use; 2 additional parking spaces for a three — four room use and 3 additional parking spaces for a five room use. (Ord. 93-66.3, 1993). Premises. "Premises" means a lot, together with all buildings and structures thereon. 17.06.310 Guest room. "Guest room" means any room in a hotel, dormitory, boarding, bed and breakfast or lodging house used and maintained to provide sleeping accommodations for not more than two (2) persons. Each one hundred (100) square feet or fraction thereof of floor area used for sleeping purposes shall be considered to be a separate guest room in a large common area sleeping arrangement. (Prior code Ch. 5 subch. 2 .9B(part)). 17.06.330 Hotel. "Hotel" means any building or group of buildings in which there are six (6) or more guest rooms used, designed, or intended to be used for the purpose of offering to the general public food, lodging, or both, on a day-to-day basis. (Prior code Ch. 5 subch. 2.9B(part)). 17.06.060 Boardinghouse. "Boardinghouse" means a building other than a hotel with not more than five (5) sleeping rooms where lodging, with or without meals, is provided for compensation for three (3) or more persons, but not exceeding fifteen (15) persons, on other than a day-to-day basis and which is not open to transient guests. (Prior code Ch. 5 subch. 2 (9B(part)). 17.06.220 Dwelling unit. "Dwelling unit" means one (1) or more rooms and a single kitchen in a dwelling designed as a unit for occupancy by not more than one (1) family for living or sleeping purposes, and in which not more than two (2) persons are lodged for hire. (Prior code Ch. 5 subch. 2 .9B(part)). 17.06.355 Lodge. "Lodge" means a building or group of buildings containing both rooms and dwelling units available for temporary rental to transient individuals or families. The types of activities supported by a lodge may include, but are not limited to, fishing, hunting, wildlife photography, and viewing, and passive recreational activities. (Ord. 93-66.3, 1993). 17.06.430 Motel. "Motel" means a group of one (1) or more detached or semidetached buildings containing two (2) or more individual dwelling units and/or guest rooms, designed for or used temporarily by automobile tourists or transients, with a garage attached or parking space conveniently located to each unit, including groups designated as auto courts, motor lodges, or tourist courts. (Prior code Ch. 5 subch. 2 .9B(part)). 17.06.455 Recreational cabin. "Recreational cabin" means a structure occupied on a temporary or seasonal basis by a group of people meeting the definition of family. This use is usually associated with remote areas. (Ord. 93-66.3, 1993). 17.06.495 Single resident occupancy. A single resident occupancy or single room occupancy (SRO) is a housing type consisting of one (1) room with or without cooking facilities and with private or shared bathroom facilities. A SRO is also a commercial building similar in use and function to a hotel or apartment building (e.g. multiple family dwelling) composed of eleven (11) or more studio apartments or rooming units that are available for rent for periods of seven (7) days or more. (Ord. 96-01.3, 1996). 17.06.Vacation Home. "Vacation home" means a one -family dwelling unit that is rented or leased in its entirety for periods not to exceed 30 days in length. 3.30.280 Definitions. A. As used in this chapter the following definitions shall apply: 1. "Accommodations" mean a structure or portion of a structure which is occupied or intended for occupancy by transients for dwelling, lodging, or sleeping purposes. This term includes hotels, motels, tourist homes, houses or courts, lodges, lodging houses, inns, rooming -houses, hostels, trailers, bed and breakfasts, dormitories, charter boats, cabins, tents, or other temporary structures. This term does not include any hospital, medical clinic, or nursing home. 10. "Transient" means a person who occupies or rents and has available for the person's own occupancy or occupancy by any other person any type of accommodation for fewer than thirty (30) consecutive days. An employee who occupies or has available for fewer than thirty (30) days a suite, room or rooms rented or leased for more than thirty (30) consecutive days by an employer for use on a rotating basis by employees is not a transient. (Ord. 2000-06 .2(part), 2000; Ord. 96-19 .3(part), 1996). Chapter 17.03 GENERAL PROVISIONS AND USE REGULATIONS' Sections: 17.03.010 Application of provisions. 17.03.020 Conformity with regulations required. 17.03.030 Alteration or erection of structures. 17.03.040 Yard or open space limitation. 17.03.050 Approval by planning and commission. 17.03.060 Zoning compliance. 17.03.070 Building permit and conformity to zoning. 17.03.080 Uses prohibited unless authorized. 17.03.090 Similar uses may be permitted. 17.03.100 Airport regulations. 17.03.110 Bed and Breakfast, Lodges, motels and hotels Prior to the beginning of any of the following uses a copy of the certificate of registration for the transient accommodation tax must be submitted to the Community Development Department and a certificate of zoning shall be issued for any of the following uses: Bed and Breakfast, hotel, motel, lodge, etc. If the proposed use complies with the criteria for exemption to the transient accommodation tax (Section 3.30.040 of Title 3 of the MB Code), then a certificate of exemption (Section 3.30.060 of Title 3 of the MB Code) shall be provided to Community Development staff. ZONING DISTRICT B&B HOTEL BOARDING HOUSE LODGE MOTEL RECREATION CABIN VACATION HOME W - Watershed District WH - Wildlife Habitat District NU — Natural Use District P C — Conservation District P P — under 6 C — over 6 P P LI — Light Industrial District RB — Retail Business P P P RD - Rural Development District P C — more than 15 guest P P RNC - Rural Neighborhood Commercial District P P P RR2 - Rural Residential Two District P P RR - Rural Residential District P P RRI - Rural Residential One District P C P Rl - Single -Family Residential District C C R2 - Two-Family Residential District P P R3 - Multiple Family Residential District P P P B - Business District P P I — Industrial District PL - Public Lands District UNC - Urban Neighborhood Commercial District P P SRO - Single Resident Occupancy Standards Selena Churchill asked if any new building is supposed to have a permit from the borough, and if the borough will notify everyone when they apply for the permit. Duane Dvorak stated they would need a Zoning Compliance if it meets all requirements or it fits zoning criteria, and there will be notification only if it goes to the Planning and Zoning Commission. Len Stanton, Vice Mayor stated the City has a code that there is to be no building without permission. Once permission is obtained from the City of Larsen Bay then you go to the borough to get permits. We have policies and restrictions that we are starting to enforce because we want to know what is going on in our community. Tim Carlson stated he doesn't see all of the letters that he sent in, the archeologist's letter and the Uyak cemetery site letter that covers 80 acres, and encompass Lots 1, IA, 2, and 3. He read those letters and another one that states the environment can't handle the raw sewage. Simeon Squortsoff stated those are burial sites that the archeologist's letter talks about. Public hearing closed: Regular session open: COMMISSIONER JANZ asked about the amount of clientele the Uyak Lodge has. Jay Wattam stated there are 15 to 20 clients and 5 employees from late May to December. Dvorak stated the City no longer wishes to rezone so they will have to submit a withdrawal. Discussion of septic systems and DEC in commercial zoning. It was the consensus to have another meeting in Larsen Bay the end of September. The question was called on the amended motion, and it CARRIED 7-0. The question was called on the main motion, and it CARRIED 7-0. B) Case 03-012. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3,4, and 5 from R1 -Single Family Residential to B -Business. Dvorak gave a brief staff report and stated staffs recommendation is to postpone allowing for more information to be gathered due to these cases being complex. COMMISSIONER JANZ MOVED TO FORWARD a request to rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4, and 5 from R1 -Single Family Residential to B -Business. The location is 205 and 206 D Street, 208 E Street and 406 Third Street, Larsen Bay, and to defer the findings of fact to the June 18, 2008 regular meeting of the KIB Planning and Zoning Commission. COMMISSIONER WATKINS SECONDED the motion. Regular session closed: Public hearing opened: Len Stanton, Vice Mayor asked if a B&B can have up to 6 people in a home. COMMISSIONER HARRINGTON read the B&B, Guest Room, and Lodge code to the public. Marlene Kenoyer stated she had written a letter to the borough in 2003 regarding lodges that shouldn't be in residential because of the drinking. May 9, 2008 P & Z Commission Special Meeting Minutes Page 3 of 9 Jennifer Moe stated she had submitted a petition opposing the lodge in residential because of the guns with kids so close. Sam Kenoyer stated he lives behind the lodge and on several occasions he's had to call the VPSO because of the drinking and partying. He said he doesn't like sending the kids to school because of it. Robert Hochmuth stated he is opposed to kids going to school because of people walking around with guns and drinking consistently. Patty Livingston stated there was a gun shot through the ceiling of the lodge. She is opposed to this lodge because the drinking and partying is out of hand, and the VPSO has had to be called. Selena Churchill stated this needs to be resolved before hunting season. Can it be moved up on the agenda? Sam Kenoyer stated that minors are drinking also, and there is a large fish and game processing done there. Bill Nelson, Mayor stated the City of Larsen Bay can do an ordinance to keep guns away from the school. Dvorak stated maybe this should be moved on because it deals with public safety. Jennifer Moe stated the Blondin's will say they're grandfathered because it was there so long. Dvorak stated we don't grant grandfathership, we recognize it when it exists. Simeon Squortsoff stated this needs to be addressed by June so it can be taken care of before school starts. COMMISSIONER HARRINGTON told the public they have the tools; a Larsen Bay Ordinance or Zoning Complaint forms. Patty Livingston stated that Randy Blondin was here and he chose to leave. Public hearing closed: Regular session opened: COMMISSIONER HARRINGTON stated there's a lot of reference to firearms and certain behaviors. Is it just residential core area? Are you generally opposed or is it the applicant. Patty Livingston said there's also the Maschmedt's next door to her and there's no problem. She is opposed because it's next to the school and there are strangers with guns. COMMISSIONER JANZ stated schools and lodges are not compatible. There can't be guns at school. She reminded them they have tools to fix this. Dvorak stated the borough can't enforce complaints while there are pending rezones. CHAIR KING recessed the meeting at 10:30 p.m. for a short break. CHAIR KING called the meeting back to order at 10:45. A brief discussion. COMMISSIONER WATKINS MOVED to extend the meeting until midnight and review a morning extension at that time. COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous voice vote. May 9, 2008 P & Z Commission Special Meeting Minutes Page 4 of 9 The question was called on the motion, and it FAILED 7-0. C) Case 03-016. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 19, Lot 4 from R1 -Single Family Residential to B -Business. Dvorak gave a brief staff report and stated staff's recommendation is to postpone allowing for more information to be gathered due to these cases being complex. He also stated that if the commissioners are going to move to postpone then it would be appropriate to take public testimony first before making a motion. Regular session closed: Public hearing open: Patty Livingston said Peterson doesn't do the hunting, but if he sells there are concerns being communicated. Sam Kenoyer is in agreement with Livingston and stated Peterson is in a residential area. What will happen when he sells? Selena Churchill asked if it is left single family residential can he continue to use it as a B&B. Dvorak stated yes, but the cabin that staff is in constitutes a single family so the detached building is in violation. COMMISSIONER HARRINGTON asked Dvorak if that puts it into a lodge with the fishing. Dvorak stated guiding can be a home occupation using no more than 25% of the square footage. Sam Kenoyer said the cabin doesn't have a kitchen but it does have a couple of bunks. Dvorak stated if someone lives in it, it is a zoning violation, Jay Wattum stated if he has 4 lots he could have 5 bedrooms in each so he could have 20 bedrooms. Public hearing closed: Regular session opened: The commission had a discussion regarding gathering info from the Comp Plan input from the consultants with reflection on land use. Does it fit the community? Simeon Squortsoff stated the city can't take any action until the zoning is fixed. Roy Jones, VPSO stated he sees in the future more growth and a city deep sea dock. COMMISSIONER HARRINGTON MOVED TO POSTPONE action on Case 03-016 until the June 18, 2008 regular meeting of the KIB Planning and Zoning Commission and schedule the case for another public hearing at that time. COMMISSIONER JANZ SECONDED the motion. COMMISSIONER HARRINGTON MOVED TO AMEND the motion to say until the special meeting of the KIB Planning and Zoning Commission in late September. COMMISSIONER JANZ SECONDED the motion. The question was called on the amended motion, and it CARRIED 7-0. The question was called on the main motion, and it CARRIED 7-0. May 9, 2008 P & Z Commission Special Meeting Minutes Page 5 of 9 Sara & Brian Blondin PO Box 4478 Kodiak; AK -99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www:kodiakak,us May 15, 2008 Re: Case 03-012. Request a rezone, in accordance with KIBC 17.72.030.0 (Manner of Initiation), of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4, and 5 from R1 Single Family Residential to B -Business. Dear Sara and Brian: The Kodiak Island Borough Planning and Zoning Commission at their special meeting on May 9, 2008 denied your rezone request cited above. The Commission will take final action on your request at their June 18, 2008 regular meeting when they will be adopting their Findings of Fact. Findings of Fact are the commission's formal justification for the action taken. According to KIBC 17.72.055. B If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days; files a written statement with the clerk requesting that' the commission's action be taken up by the borough assembly. For clarification, that 10 day appeal period begins once the commission has approved their Findings of Fact on the case. Should you choose to elevate the Commission's decision to the Borough Assembly, a $150.00 appeal fee is required along with your written statement. Should you have any questions about the procedure, please call the Community Development Department at 486-9363. Sincerely, Bud Cassidy Director CC: Rick Gifford, Manager Nova Javier, Borough Clerk Current Locati • P & Z Case # 03-012 Blondin, Sarah & Brian Request: A rezone, in accoriance with KIBC 17.72.030. C (Manner of Initiation), for Larsen Bay Townsite, Tract A. Block 7, Lot 4, & Block 8, Lots 3, 4, & 5 from R-1 Single Family Residential to B - Business. j i�. J�P-k WON, St 1":0,4**. Feet 0 1,000 2,000 I I I Legend Subject Parcels, TrA Bk 7 Lt 4, & Bk 8 Lts 3, 4, & 5 Parcels Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to-date. Kodiak Island Borough Community Development Department. Current Zoning Larsen Bay Rezone Requests Agent: Multiple Request: Rezone from R-1 SFR to B - Businesss Seventeen (17) total parcels. Feet 0 1,000 2,000 I I I Legend Subject Parcels, 17 Total Conservation Light Industrial Public Use Single Family Residential • w Map prepared for the purpose of showing the Zoning of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour inforrnation:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to-date. Kodiak Island Borough Community Development Department. Public Hearing Item VI -B however, which is still an adopted plan for the community that can provide guidance in areas not covered or superseded by the newer plan. For this reason, staff has provided the relevant goals and policies for both plans as part of this progress report. In the final staff analysis this information may simply be referenced in the text in order to keep the final report to a reasonable length. In addition to the adopted borough plans, staff is also considering the goals and objectives of the Larsen Bay Community Plan that was adopted by the local community in 2004. Although lacking a specific land use component, the plan contains an excellent vision of the desired future expressed by Larsen Bay residents. This plan, although not a borough sponsored plan, had a high level of local participation and was very good at assisting the community to reach consensus on issues important to the community. In addition, this plan made an effort to involve community residents of all ages. Staff expects to draw heavily from these plans and will try to highlight those goals and objectives which appear to be most relevant. In particular, the final staff report will draw heavily on the following chapters of the 2008 KIB Comprehensive Plan Update, Population, Local Government, Economy, Housing, Transportation, Public Services and Facilities, Parks and Recreation and Environmental Quality. The Larsen Bay section in Chapter 11 of the 2008 plan will likely be copied with the staff reports as well as the Larsen Bay Goals and Objectives contained in Chapter 12. As the 1978 Kodiak Island Borough Regional Plan and Development Strategy states, "without goals planning is aimless; it can accomplish very little other than bring to light problems and needs but cannot arrive at solutions." The document goes on to say that "It is, important for the decision making bodies to be aware of public desires and the degree to which they conflict with factual data so that the finally adopted goals and objectives can accommodate to the greatest extent possible the perceived needs of the public as well as the actual situations as they exist." Comprehensive, as defined by urban planning practice, has three specific meanings: (1) It means that the general plan should deal with all of the essential physical elements of the urban environment within the boundaries of the contiguous planning area; (2) it means that the general plan should take into account the development trends in the larger geographic setting within which every city and/or borough is situated; and (3) it means that the general plan should be consciously related to the social and economic forces that it proposes to accommodate and that are themselves bound to be affected by the scheme for physical development expressed in the plan. Comprehensive means that a general plan for physical development, to be a logical, reasonable, and useful plan, must recognize and define its relationships with the physical and nonphysical, local and regional, factors that will affect the physical growth and development of the community. The quality of comprehensiveness means that it must be recognized at every stage of plan preparation and plan use, that a plan for physical development is an expression of the social and economic objectives of the community as determined by the elected officials of the local governments. It should not be interpreted to mean that the Planning and Zoning Commission and staff in carrying out their planning responsibilities, also assume responsibility for social and economic planning. Page 2 of 4 Public Hearing Item Vi -B To be effective in its primary purpose, establishing the policies for determining appropriate land uses in the plan area, the general plan must focus on the main issues and the "big ideas". The plan document should not include too many details that would obscure or distract attention from the major policies and the major physical design proposals. The plan is intended to provide a general picture of the locations and sizes of the major physical elements of the planning area and to indicate the desirable relationships between them. The plan is a schematic guide, and not a map or blueprint. The general plan must be distinguished from those specific and detailed documents which are intended to implement it, such as the zoning ordinance, subdivision regulations, development plans, and the capital improvements priority and financing programs. Comprehensive planning represents a constitution for land development. It establishes the principles upon which community development is to be based, the ultimate size of the community, the placement of facilities, the distribution of uses and ideally, the timing of development and the mechanism for fmancing the development of infrastructure. Although given less attention, comprehensive planning requires that the internal planning elements be consistent with each other. Internal inconsistency will be present where insolvable problems are presented and not effectively integrated with the land use plan. The preceding paragraphs provide some philosophical context to the process that we are currently engaged in. Because staff is not fully aware of the physical circumstances of the community and indeed do not have any site information for the subject rezone parcels (other than some photos of the main structures) it is not possible to make a definitive recommendation on the each case prior to this special meeting. Rather than present only half of the picture, based only on the plans and codes available to staff in Kodiak, staff is recommending that this opportunity to travel to Larsen Bay be used to the fullest to obtain the needed physical, social and economic information. Staff has provided an additional attachment with certain code information that is being considered in addition to the various planning documents. With regard to a formal recommendation, the comprehensive planning maps provide a general guide to achieving the stated goals and objectives in the plan. When the plan map indicates commercial, that could be the requested B -Business zone, or it could also be the RB -Retail Business, or the UNC -Urban Neighborhood Commercial zones. Where the plan map indicates mixed use, that could mean the preceding commercial zones or it could also mean the R1 -Single-family, R2 -Two-family or R3 - Multifamily zones, amongst other code options. Gathering the physical, social and economic information from the community will help to determine which zones present the most appropriate solution for the community. The additional attachment also contains information about various forms of transient accommodation. Although the term lodge is used fairly loosely to mean a transient accommodation serving a tourism related clientele, there are many other forms of transient accommodation permitted under the zoning code that may also provide for similar services in a scale consistent with the surrounding development context and community needs. This includes hotels, motels, bed and breakfasts, boarding houses, single -resident occupancies, etc., to name a few. In the final staff report, staff will try to reduce this information to a matrix for easier (and briefer) presentation purposes. Page 3 of 4 Public Hearing Item VI -B RECOMMENDATION Staff recommends that the Commission hold a public hearing in Larsen, Bay for each of the currently pending rezones, in addition to making their own first hand observations of the physical, social and economic conditions in the community. In order to process this information and integrate it with a future staff analysis, staff recommends that action on these cases be postponed until the next regular meeting at which time staff anticipates making a final definitive zoning recommendation for each pending case. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to postpone action on Case 03-012 until the June 18, 2008 regular meeting of the KIB Planning and Zoning Commission and schedule the case for another public hearing at that time. Page 4 of 4 Use Number 03411 03-011 03-011 03-012 03-016 03-018 08-021 08-022 Legal Oes0ption Larsen 8ayTownslte, Tn,t A, 8o 1, Lois 1-3 LarseneayTownsite, Tract A, Block 2, Lots 1,1A and 2-4 Larsen BayTownsite, Tract A. Block 3, Lots and Larsen BayTownsite, Tract A, Block 2, Lot 4 and Mock 8, Lob 3, 4 and 5 LarsenBayTawnsite, Tract A, Block19,1004 Larsen BayTownsite, TractA Block 16, Lot 10 Larsen OayTownsne, Tract A, Nock 3, Lot Larsen 8ayTownslte, Tran& Sloth 16, Lot 12 ftryttum/SnWt tarsen Bay Lodge Comply Vaunt Utak Bay Lodge Kodiak (Tenets lodge Unknown Unknown Hrl Kodiak Lodge Taxes li Licenses Payment of Bed Taa(ro Metlry&LB) Unknown NA Unknown Unknown Unknown Unnkown Unknown Unknown 0omugh Land Assessed Value (3Y2007( Lot1410,000 Lott -$10,000 Lot 3-$33,600 Lot 1 -$3,800 Lot 14-$5,200 Lot 2-$20,000 Loll -53.800 Imo -530,000 Lott($10,000 Lott -$4,800 Wt3 -53,500 1014-53,500 Lots -53,100 IBL) 1Ot4-$3,400 Lot 4-$5,300 Lot 10-$6,330 LOt3-$3,500 Lot 12 • 510,000 Borough Building Assessed Value (1Y2007) lot 1-$188,300 1012- $0.00 Natant) Lot 3-5148.60 Lott-$0.00(Vacant) Lot 1A -Rom (Vaont) Lott -50.00 (Vacant) Lot 3-50,00 (Vacant) 1014-50.00(Vacant) Lott -$208,200 Lott -$0.00 (Vacant) Leta -$22$00 Lot4-$0.00 (Vacant) Lots -$0.00 (Vacant) (87(1004.$36,700 Lot 4-522,600 Lot 10-533,EW 1403-50.00(Vacant) Lot 12-5106.000 6ry5aIes Taal Unknown NA Unknown Unknown Unknown Unknown Unknown Unknown Ptmttu¢ Grandfathered Stm ure(.) or use? Maybe NA No No No No NA No Zoning Compliance? No NA No Unknown Unknown No NA No Original Building Design Category(Lodge, 0&B, SLR) Residentialand Lodge 5888 Lodge Single-family Residential (oneSFR on Lot 4, BIk 2 and one SFR on Lot 3, elk 8 Single-family Residential Lodge NA Lodge Provide Hunting Servos? Yes NA Yes Unknown Unknown Unknown NA Unknown Provide FlshegSenti¢s? YeS NA Yes Yes Unknown Unknown NA Unknown Provide Other Services? Unknown NA Unknown Unknown Unknown Unknown NA Unknown Gb$Sryi ei - Serve46yctyWaterand Sewer? Yes NA Yes Yes Ory Water Onl3 Onsite Wastewater Disposal Ory Water Only; onsite Wastewater Dlspanl Yrs YeS (Water only, septic system for onsite wastewater di pp4an er Server andCity NA NA it Served Power Yes NA Yu Yes Yes Yv It Yv Liegolal owr 0888 Servedbl NA NA Served Cry Garbage Yes NA Yes Yes Yes Yes Y Yes NAA State Reusl ssnb AlastrBuvineu License Yea NA Yes Yes Unknown Unknown HA Yes 403093 Larsen Bay Adventures,dv; ILC; 4030933ngayLodgayAtlwnWrez; 308639 INC Bay VC R2no3Kodiak gartersLodge NA 24038823KodiakLOlotlgeat InknoWyLill Fire MarhalReviwmber Fire Marshal Permit UnknoBnybdge Unknown NA Unknown Unknown Unknown Unknown Unknown Unknown NA Unknown Fire Marshal Permit No. Unknown NA Unknown Unknown Unknown Unknown NA Unknown pomuoh Rewlrmenb Zoning compliance Permit No NA No No No No NA NO BoroughTaa Paid TY2007 Parcel Size Building Height Vales, Unknown 54 Unknown Unknown Unknown Unknown NA Unknown As-Bu11t Survey ' No NA No No No No No 5Pmm9Rfy3enem5 Owner live In larsen Bay? Unknown NA Unknown Unknown Unknown Unknown No No Lodging Use Hire Local Employees? Unknown NA Unknown Unknown Unknown Unknown NA Unknown ere pnh.nsive Plan Issues ComprehensivePlan Designation - Mixed Commerdal/Waterfront/Resltlentlal Lob 1 and 1A -Residential; Lob 2 and 3-Comme¢lal;lot4- Residential Residential Mixed Commercial/Waterfront/Residential Commercial Commercial Residential Commercial LARSEN BAY POPLRATION 1982 to 2007 250 200 150 100 50 0 POPULATION • 19321983 1984 19851936 1957 1988 1989 1990199119921993 1994 19951995 1597 1998 1999200020012002 2003 2004 200520052007 —4—POPULATION KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item V1 -E PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, February 20, 2008. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request CASE: 03-012 APPLICANT: Sarah & Brian Blondin REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4, and 5 from R1 -Single Family Residential to B -Business. LOCATION: 205 & 206 D Street, 208 E Street and 406 Third Street, Larsen Bay. ZONING: R1 -Single Family Residential This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a lever to the Community Development Department prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486-9396. 1f you would like to testify via telephone, please can In your comments during the appropriate public hearing section of the meeting. The local call -In telephone number Is 486-3231. The toll free telephone number Is 1.800-478-5736. One week prior to the regular meeting, on Wednesday, February 13, 2008, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#I21), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. i! 9 an rhr� gdL. SE Z. Garrd Your Nome: lLQq r da MuH`Ins Addrsw VesfpA4lr, Ks 44 O5? ��( Your property description:Arseo e,, 131"I S, . Lel 2 Commeete: 1 �j r, ,c.7er Guar el, retpen t entersnod& vomitlfeni' arpAttc.d and1 oWshj :a.a.rA ter'stst ahses1tc wary le/.e4erse1 odecfrte SerUkey 0.44 Sewer seruree be. Qrov:ded 1204.{. IpT to;i%rn -fie.. rein„1,., '-ri�so re4we)+ PRWR T. apprnsra a4 -4Cie ee2os.�Yw rfe�u.as4 u.S a wiso�e -o a4farei Bares raperTy nws+ar .et .o.tJ oppolfTeewi r Yam btR..I;he S1 es -61 r �J fr I;s A rnes.21—. "arje 1 S I. i� FFR- 11 7f) CITY OF LARSEN BAY PO BOX B • LARSEN BAY, ALASKA • 99624 PHONE: 907.847.2211 • FAX; 907.847-2239 E-MAIL: CITYOPLARSENBAY@AOL.COM RESOLUTION NO. 08-05 A RESOLUTION REQUESTING THE KODIAIC ISLAND BOROUGH PLANING, ZONING AND ASSEMBLY TO POST PONE ACTION ON CASES REGARDING LARSEN BAY, CASES 03-011, 03-012, 03-016, 03-018. WHEREAS, the community unity of Larsen Bay needs to have the Planning and Zoning Plat updated; and, WHEREAS, the Lodges are being constructed without regard to the City of Larsen Bay's input or permission; and, WHEREAS, the residential homes have been convected from residential to commercial enterprises; and, WHEREAS, the Lodges are adjacent to residential homes and the Larsen Bay School causing concern amongst the year around tesidential community members; and, WHEREAS, any addition building within the community will greatly overtax facilities that service the resident. NOW THEREFORE BE IT RESOLVED THAT: The City of Larsen Bay Council request the Kodiak Island Borough and the Planning and Zoning commissionpost pone the rezoning in Larsen Bay until these issues are solved and that the borough Planning and Zoning commission meet the Larsen Bay at their earliest convenience and halt all future building within the community of Larsen Bay. BE IT FURTHER RESOLVED THAT; the Larsen Bay City Council develop an ordinance for building codes and permits. PASSED AND APPROVED by a duly constituted quorum of the City of Larsen Bay This f day of/Z el J v % x tj )oo Duane Dvorak Subject: FW: Larsen Bay Comp Plan From: Allen Walbum [mailto:awalburnl@comcast.netj Sent: Wednesday, February 13, 2008 11:41 AM To: Duane Dvorak Subject: Larsen Bay Comp Plan February 13,2008 To: Kodiak Island Borough Planning & Zoning Commission Kodiak, AK 99615 From: Alaska's Kodiak Island Resort P.O. Box 36 Larsen Bay, AK 99624 Subject: Larsen Bay Zoning Dear Sir: Recently we were made aware that the Kodiak Island Borough (KIB) was directly responsible for zoning enforcement and compliance in Larsen Bay. Our company, prior to developing our property was lead to believe that our lot was zoned properly and in complete compliance. This information was conveyed to, us by the property seller as well as Larsen Bay elected officials. At no time were we ever made aware, or noticed that the Kodiak Island Borough was developing and enacting a comprehensive plan that would make our property non- complying. We are not requesting exceptions to KIB regulations, only consistency and equality. Adoption of the KID comprehensive plan in December 2007 has created several non -complying properties. Unless compelling and convincing arguments are brought forward, in objection, all sites similarly situated should be rezoned together. As a new lodge owner and operator we have operated within the community with a mindset to better our village. Kodiak Island Resort has employed local people, participated and donated to civic projects, paid Kodiak Island Borough property taxes, Larsen Bay's bed taxes in addition to working with a youth KANA program. We want to support our community and borough and only desire to be allowed to continue to operate as we have since our inception in 2006. Please suspend pending requests for rezone and consider adopting a K1B plan that addresses all interested and similarly situated parties simultaneously. Only after adoption and implementation of the plan should non- conforming sites seek a rezone or variance. We suggest a meeting with the affected parties in the early spring (May or June). Thank you for your time and consideration of this matter. Sincerely, Allen Walbum Managing Partner Alaska's Kodiak Island Resort 1 • KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -B PUBLIC HEARING NOTICE A public hearing will be held on Friday, May 9, 2008. The meeting will begin at 7:30 p.m. in the City of Larsen Bay Offices, Larsen Bay, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 03-012 APPLICANT: Sarah & Brian Blondin REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4, and 5 from R1 -Single Family Residential to B -Business. LOCATION: 205 & 206 D Street, 208 E Street and 406 Third Street, Larsen Bay. ZONING: R1 -Single Family Residential This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486-9396. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: Mailing Address: Your property description: Comments: Current Location Agenda Item # VI B P & Z Case # 03-012 Sarah & Brian Blondin Request a rezone, in accordance with KIBC 17.72.030 (Manner Initiation), of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4, and 5 from R1 -Single Family Residential to B -Business. The location is 205 & 206 D Street, 208 E Street and 406 Third Street, Larsen Bay. 01-viAlP 40041.4! 41**. .1.4%s **4° *** W E 0 230 460 Feet Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current compulenzed property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may he more up-to-date. Kodiak Island Borough Community Development Department. • , STATE OF ALASKA P.O. BOX 196900 ANCHORAGE, AK 99519-6900 KODIAK ISL HSG AUTH/HOCHMUTH 3137 MILL BAY RD KODIAK, AK 99615 KODIAK ISLI-156 AUTH/JOHNSTON 3137 MILL BAY RD KODIAK, AK 99615 CHRISTIAN & MARILYN ARNESON 8019 E. SETTLEMENT AVE WASILLA, AK 99654 KODIAK ISL HSG AUTH/NAUMOFF 3137 MILL BAY RD KODIAK, AK 99615 JOANN EWALD 11186 HWY 1 COOK, MN 55723 CARL & SANDRA JOHNSON 911 HILLSIDE DR KODIAK, AK 99615 SOURDOUGH BAY LODGE INC PO BOX 48 LARSEN BAY, AK 99624 SOURDOUGH BAY LODGE, INC. PO BOX 26 LARSEN BAY, AK 99624 NATIVE VILLAGE LARSEN BAY PO BOX 50 LARSEN BAY, AK 99624 DARLENE JOHNSON PO BOX 10 LARSEN BAY, AK 99624 ELI & MARIE SQUARTSOFF PO BOX 86 LARSEN BAY, AK 99624 VICTOR CARLSON P.O. BOX 7 LARSEN BAY, AK 99624 TIMOTHY & DONNA HURLEY PO BOX 864 KODIAK, AK 99615 MARILYN AGA P 0 BOX 2 LARSEN BAY, AK 99624 VENESSA HOCHMUTH PO BOX 74 LARSEN BAY, AK 99624 BRIAN & SARAH BLONDIN PO BOX 4478 KODIAK, AK 99615 KODIAK ISL HSG AUTH 3137 MILL BAY RD KODIAK, AK 99615 MARLENE AGA PO BOX 34 LARSEN BAY, AK 99624 MARIE BRUNTON LARSEN BAY, AK 99624 DAVID & SHERRY HARMES 17929 BEAUJOLAIS DR EAGLE RIVER, AK 99577 MARINA WASELIE PO BOX 21 LARSEN BAY, AK 99624 WILLIAM ANDERSON 1064W 23RD AVE ANCHORAGE, AK 99503 KODIAK ISL HSG AUTH/PANAMAROFF 3137 MILL BAY RD KODIAK, AK 99615 KODIAK ISL HSG AUTH/MCCORMICK 3137 MILL BAY RD KODIAK, AK 99615 ROGER GUARD ETAL 1559 UNDERWOOD LANE SE WESTPHALIA, KS 66093 KODIAK ISL H5G AUTH/ALPIAK 3137 MILL BAY RD KODIAK, AK 99615 CITY OF LARSEN BAY PO BOX 8 LARSEN BAY, AK 99624 SAMUEL HALBERT PO BOX 84590 FAIRBANKS, AK 99708 CITY OF LARSEN BAY P.O. BOX 8 LARSEN BAY, AK 99624 03-0( , KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK, AK 99615 SARAH BLONDIN 1520 ISMAILOV ST KODIAK, AK 99615 EDWARD HERZOG ESTATE 1590 W. HENDRICKSON RD SEQUIM, WA 98382 SOURDOUGH BAY LODGE, INC P 0 BOX 26 LARSEN BAY, AK 99624 Alaska Division of Corporations_ Business, and Professional Licensing Page 1 of 1 Online Business Licensing State of Alaska > Commerce »Professional Licensing > Business License Search LicNum: 727883 Business Name: KODIAK CHARTERS LODGE Address: BOX 4478 KODIAK AK 99615 Status: ACTIVE Original Issue: 06/10/2005 Current Issue: 01/30/2007 Expiration: 12/31/2008 Business Type: SOLE PROPRIETOR Tobacco Endorsements: 0 Line Of Business: Accommodation and Food Services Primary Activity: 721211 Secondary Activity: 722211 Owners: SARAH M BLONDIN Contact KODIAK CHARTERS LODGE by e-mail. KODIAK CHARTERS LODGE Home Page. View Your License using our Search Program Webmaster Email Business and Professional Licensing Email Corporations Commerce http://www.commerce.state.ak.us/occ/bussearchBusDetail.cfm?LicNum=727883 4/2/2008 Mr. & Mrs. Brian Blondin PO Box 4478 Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kib.co.kodiak.ak.us April 22, 2008 Re: Case 03-012. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4, and 5 from Rl- Single Family Residential to B -Business. Dear Mr. and Mrs. Blondin: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their May 9, 2008 special meeting. This meeting will begin at 7:00 p.m. in the City of Larsen Bay Offices, Larsen Bay, Alaska. Attendance at this meeting is not mandatory but recommended. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486-9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, Sheila Smith, Secretary Community Development Department FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a change or amendment The rezone to RNC -Rural Neighborhood Commercial is consistent with the communities' desire to have small scaled commercial uses that will serve the Chiniak Community as well as provide for a fledging tourism industry to take advantage of the recreational and scenic qualities found in Chiniak. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The proposed rezone is consistent with the express recommendations contained in the 2007 Kodiak Island Borough Comprehensive Plan. The question was called, and it CARRIED 6-0. D) Case 03-011. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 — 3, Block 2, Lots 1, IA and 2 — 3, and Block 3, Lots 1 & 2 from Rl — Single Family Residential to B -Business. Cassidy reported we have had a flurry of phone calls, emails, and faxes on all the Larsen Bay requests. We received a resolution by the City of Larsen Bay to postpone these cases until the commission travels to Larsen Bay. This is a very big issue with the community for them to draft this resolution. A lot has transpired since 2003 since these cases were postponed, and having a meeting in or having staff travel to Larsen Bay makes since. Some of the property owners have also changed. People living outside also want to participate. Staff included in the packet three public hearing notices returned with comments: one has to do the view of an adjacent party, one that has been submitted by the tribal council concerned about the historical significance of sites, and one on issues like water meters, electrical meters, etc. Staff is recommending a postponement of all Larsen Bay cases until there is a visit to the community. COMMISSIONER JANZ MOVED TO POSTPONE action on Rezone Case 03-011 and reschedule it for a public hearing on a date to be decided, and the hearing will be held at a location to be announced. The motion was SECONDED by COMMISSIONER KERSCH. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: The commission had a brief discussion and decided they would like to hold a public hearing in Larsen Bay probably in May. The question was called, and it CARRIED 6-0. E) Case 03-012. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4, and 5 from R1 -Single Family Residential to B -Business. Cassidy reported 34 public hearing notices were distributed. He stated this lodge is in the center of town. A number of comments were submitted. Staff recommends postponing this case. February 20, 2008 P & Z Commission Meeting Minutes Page 9 of 12 COMMISSIONER JUENGER MOVED TO POSTPONE action on Rezone Case 03-012 and reschedule it for a public hearing to be held on a later date. COMMISSIONER WATKINS SECONDED the motion. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: The question was called, and it CARRIED 6-0. F) Case 03-016. Request a rezone, in accordance with KIBC 17.72,030 (Manner of Initiation), of Larsen Bay, Tract A, Block 19, Lot 4 from R1 -Single Family Residential to B -Business. Cassidy reported this case if for a lodge on the west side of town. He stated he received a call from Mrs. Peterson requesting postponement. Staff recommends postponement also. COMMISSIONER WATKINS MOVED TO POSTPONE action on Rezone Case 03-016 and reschedule it for a public hearing on a date to be decided, and the hearing will be held at a location to be announced. COMMISSIONER JANZ SECONDED the motion. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: The question was called, and it CARRIED 6-0. G) Case 03-018. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 16, Lot 10 from R1 -Single Family Residential to B -Business. Cassidy reported this request is for a lodge on the west side of town. Staff recommends postponement of this case also. COMMISSIONER JANZ MOVED TO POSPTONE action on Rezone Case 03-018 and reschedule it for a public hearing on a date and place to be announced. The motion was SECONDED by COMMISSIONER JUENGER. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: The question was called, and it CARRIED 5-0. COMMISSIONER WATKINS abstained from voting. OLD BUSINESS There was no old business. NEW BUSINESS A) Commission Elections February 20, 2008 P & Z Commission Meeting Minutes Page 10 of 12 Mr. & Mrs. Brian Blondin PO Box 4478 Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us February 26, 2008 Re: Case 03-012. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4, and 5 from R1 - Single Family Residential to B -Business. Dear Mr. & Mrs. Blondin: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on February 20, 2008 postponed action on the Rezone Case 03-012 and reschedule it for a public hearing on a date and place to be announced. If you have any questions regarding the Commission's actions please contact the Community Development Department at 496-9363. Sincerely, ©r\ejOn\ Clcniga Sheila Smith Secretary Public Hearing It vI-E MEMORANDUM DATE: February 13, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the February 20, 2008 Regular Meeting CASE: 03-012 APPLICANT: Sarah & Brian Blondin REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A; Block 7, Lot 4 and Block 8, Lots 3, 4 and 5 from R1 -Single-family Residential to B -Business LOCATION: 205 & 206 D Street, 208 E Street and 406 Third Street, Larsen Bay ZONING: R1 -Single-family Residential RECOMMENDATION Staff immediately scheduled this and other postponed Larsen Bay rezone cases after the Assembly adopted the Kodiak Island Borough Comprehensive Plan Update in December 2007. Initially, staff believed that the plan guidance was the only information missing from the prior staff investigations conducted in 2003. Staff also believed that it would be a simple matter to consult the new, updated plan guidance, and simply pass forward to the Commission the wisdom found there. That has not turned out to be the case. There are a number of reasons why staff is recommending postponement, mostly related to the difficulty in completing the staff reports for these cases. The principal reasons are as follows: 1) Additional lodge structures and additions have been constructed since August 2003 that need to be accounted for; 2) Property ownership has changed on at least one of the original applications; 3) New information has become available which indicates that the development pattern of structures on lots is more complicated than originally thought; and, 4) Other lodge owners, based outside the community have requested postponement so that they may also make application for rezone. CDD Director, Bud Cassidy, has indicated that a new staff site visit to Larsen Bay is warranted in order to determine what changes have occurred in the community since August 2003. Director Cassidy will also broach with the Commission the idea of scheduling a meeting/public hearing on these cases in Larsen Bay. APPROPRIATE MOTION Move to postpone action on Rezone Case 03-011 and reschedule it for a public hearing on , 2008, and the hearing will be held at Case 03-012/Postponement Page 1 of 1 P & Z: February 20, 2008 Duane Dvorak Subject: FW: Larsen Bay Comp Plan From: Allen Walbum [mailto:awalburnl@comcast.net] Sent: Wednesday, February 13, 2008 11:41 AM To: Duane Dvorak Subject: Larsen Bay Comp Plan February 13,2008 To: Kodiak Island Borough Planning & Zoning Commission Kodiak, AK 99615 From: Alaska's Kodiak Island Resort P.O. Box 36 Larsen Bay, AK 99624 Subject: Larsen Bay Zoning Dear Sir: Recently we were made aware that the Kodiak Island Borough (KIB) was directly responsible for zoning enforcement and compliance in Larsen Bay. Our company, prior to developing our property was lead to believe that our lot was zoned properly and in complete compliance. This information was conveyed to, us by the property seller as well as Larsen Bay elected officials. At no time were we ever made aware, or noticed that the Kodiak Island Borough was developing and enacting a comprehensive plan that would make our property non- complying. We are not requesting exceptions to KIB regulations, only consistency and equality. Adoption of the KIB comprehensive plan in December 2007 has created several non -complying properties. Unless compelling and convincing arguments are brought forward, in objection, all sites similarly situated should be rezoned together. As a new lodge owner and operator we have operated within the community with a mindset to better our village. Kodiak Island Resort has employed local people, participated and donated to civic projects, paid Kodiak Island Borough property taxes, Larsen Bay's bed taxes in addition to working with a youth KANA program. We want to support our community and borough and only desire to be allowed to continue to operate as we have since our inception in 2006. Please suspend pending requests for rezone and consider adopting a KIB plan that addresses all interested and similarly situated parties simultaneously. Only after adoption and implementation of the plan should non- conforming sites seek a rezone or variance. We suggest a meeting with the affected parties in the early spring (May or June). Thank you for your time and consideration of this matter. Sincerely, Allen Walburn Managing Partner Alaska's Kodiak Island Resort 1 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item V1 -E PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, February 20, 2008. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 MW Bay Road, Kodiak, Alaska, before the Kodiak Island Borough- Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 03-012 APPLICANT: Sarah & Brian Blondin REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4, and 5 from R1 -Single Family Residential to B -Business. LOCATION: 205 & 206 D Street, 208 E Street and 406 Third Street, Larsen Bay. ZONING: R1 -Single Family Residential This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Departmentprior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486-9396. 1f 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 1400-478-5736. One week prior to the regular meeting, on Wednesday, February 13, 2008, a work session will'be held at 730 p.m. in the Kodiak Island Borough Conference Room (#12I), to review the packet material for the case. Kodiak Island Borough Code you with specific appeal rights if disagree with the Commission's provides you decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us /` st7 /SS? at cf rc aooJ L, SE at 486-9363. a L.Gccrci Malin Address: h.k4haf%4, rl5 6609Y Vour Nome: 2 i et /.. Your properly de.cr�non:L4r$sn Bay , e/4 6 Lel z I, 2&9er 6u sr II recluses,' Ke Smn.0/nJ er Thurhpisrth1 l4st►►-t/»trn and Jw.'. hi O�a.rd tem ;re c aMCSbC WJ.t, w e� le/Ped Servke, awd sewer senate 6e- Trov;crad'r40 Cards ,elee.+rtt LA 'Angry,. — e YYzar.11./ Y'e�teebt ?RtoR To appears( oT -the eery, srtectue34 a o. LJh17le to oScorci ems. yn er'� y ota%+er o.�«. orJnnlrTu.wi -For bus%%ass es4y.1 I;s 6 vr.ervl . rr FEa 1 1 2n COMMUNITY DEVELOPMENT DEPARTMENT P/(1 eP.6Fa KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -E PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, February 20, 2008. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 03-012 APPLICANT: Sarah & Brian Blondin REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4, and 5 from RI -Single Family Residential to B -Business. LOCA11ON: 205 & 206 D Street, 208 E Street and 406 Third Street, Larsen Bay. ZONING: R1 -Single Family Residential This notice is being sent to you because our records indicate you are a property owner/interested party in the area of' the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486-9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, February 13, 2008, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: V,41 q/-/1491M/E /7jI CN t%y�.ly Mailing Address: 'V I� A/,�J �r �� is Your properly description: 2 -Or / 8--r,24,7-t_ , 7--r,24,7- /1 Comments: 17 -Ir B4RPcer/SSS L /0KAPG 771C.Q/g,frr eP r7/5 Cv,P,QES bA/6/9, i .. " a dee a' _ ♦t : .air rbJSZLi n. ,r♦ con' 17/OE ili(To2/ry of Pieiv4M PRoiler ry yfl- cue /tW5 qvb r.. ! Sc.//eoi-. / fZE Cons r &j/i d2 MK, /5 &-C 4T D ho YDS. Fj4p M a+2. /tML- 11fE5E 3 NkML' ARE ccaQ'rw-7/, /3L'/46 4Tl[/9Ea Th 4 LobGE 7a /{cv5 CL/.vr5 Foe /4 e 4e,tap Oictu zo6 , r' tm/6) rnstu&-55. TZf15 8cis e.ss opo' .'L U C , ,. m I- re 9 ; r. p" A/ PL''VC DLa3 -.ii. s f A/ ''.l out 1r, ✓. /.0 1 10 4(#4MOflr5 of ALcardiat_ Rvr> ,iRt 4eM ,'zoD tat M11/3622 Nat. '. I •', ': Of r I : .,.%) Alla .= L.6E& a.N M /V/r. G• ., ' o , tr_ . ✓e 34: '/ Jt! Li w..,!✓ I fX.++5 "4 New./ !NG 6 OF %. 4EGg QUI9d/r/S5 aF FISN £GAr+E, F/Rlr PRorLcr/&/ /N&2. /5 dighw rn Iv1114 A/o eacuh/4A/cy/ ResrRtcyloN5 6n/iv/alit/Hz, Kt/ea-Ads 46o7,0 Cr eecoAas) /J Ptyi co ABS /,i PLFtS 02 1&I,NG aNFoRc[-). Mese" 3u1U4.v;5, RS clay flpt-- NoloTGBIIo/x'Filth; /f 1LTh, ESRFAlymcage ///EN2OVVD Ai/D n/7 •iijv it arntalbion ET,1CIatte'lll EalSe KB4On IDS Mann r o 7 L Itapk o„ ffao'15, rajentialgtp—a ess:111 _. tkr wev r t• nd 3`0rStrle . . s 0 230 I I 1 1 460 Feet Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data. 'National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour Infannaton:USCS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created In ' ArcGIS 9, NAD 27, State Plane 5 Parcel Information is taken from selected fields In the current computerized property records in the Assessing Dept_ This data has not been reconciled with data contained in manual files .which maybe mom up-to-date. Kodlak Island Borough Community Development Department. CITY OF LARSEN BAY PO BOX 8 • LARSEN BAY, ALASKA • 99624 PHONE: 907-847-2211 • PAX: 907-847-2239 E-MAIL: CtTYOFLARSENBAYQAOL. COM RESOLUTION NO. 08-05 A RESOLUTION REQUESTJNG THE KODIAI< ISLAND BOROUGH PLANING, ZONING AND ASSEMBLY TO POST PONE ACTION ON CASES REGARDING LARSEN BAY, CASES 03-011, 03-012, 03-016, 03-018. WHEREAS, the community unity of Larsen Bay needs to have the Planning and Zoning Plat updated; and, WHEREAS, the Lodges are being constructed without regard to the City of Larsen Bay's input or permission; and, WHEREAS, the residential homes have been converted from residential to commercial enterprises; and, WHEREAS, the Lodges ate adjacent to residential homes and the Larsen Bay School causing concern amongst the year around residential community members; and, WHEREAS, any addition building within the community will greatly overtax facilities that service the resident. NOW THEREFORE BE IT RESOLVED THAT: The City of Larsen Bay Council request the Kodiak Island Borough and the Planning and Zoning commission post pone the rezoning in Larsen Bay until these issues are solved and that the borough Planning and Zoning commission meet the Larsen Bay at their earliest convenience and halt all future building within the community of Larsen Bay. BE IT FURTHER RESOLVED THAT; the Larsen Bay City Council develop an ordinance for building codes and permits. PASSED AND APPROVED by a duly constituted quorum of the City of Larsen Bay This /9tr'''dday of /=P, h v t c& rL/ 0100$ 10 SIGNED: 0 7�vc 444t,e 4J4 (Mayor) ATTEST: A (Secretary Treasure) tuft KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item V1 -E PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, February 20, 2008. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request CASE: 03-012 APPLICANT: Sarah & Brian Biondin REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4, and 5 from R1 -Single Family Residential to B -Business. LOCATION: 205 & 206 D Street, 208 E Street and 406 Third Street, Larsen Bay. ZONING: R1 -Single Family Residential This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486-9396. 1f you would like to testify vla telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number Is 486-3231. The toll free telephone number Is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, February 13, 2008, a work session will be held at 7:30 p.m, in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. if you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: Mailing Address: Your property description: Comments: CurrentLocation Agenda Item # VI E P & Z Case # 03-012 Sarah & Brian Blondin Request,,aezo#e„in accordance with KIBC MeV-7,17.72.030 (Manner, of-. Initiation), of Larsen Bay, Tract A, ck'7, Lot 4 and Block 8; Lots 3, 4, and 5 from R1 -Single Family Residential to B -Business. The location is 205 & 206 D Street, 208 E Street and 406 Third Street, Larsen Bay. W 4 E 0 230 460 Feet 1 I I 1 I Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Kaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept 2002 Contour informalon:USGS Digital Elevation Model Kodiak, Kaska. 50 foot intervals, Scale Is 1:63,360 Created In ArcGIS 9, NAD 27, State Plane 5 Parcel Information Is taken from selected fields in the current computerized property records in the Assessing Dept This data has not been reconciled with data contained In manual Nes which may be more up-to-date. Kodiak Island Borough Community Development Department STATE OF ALASKA P.O. BOX 196900 ANCHORAGE, AK 99519-6900 KODIAK ISI. HSG AUTH/HOCHMUTH 3137 MILL BAY RD KODIAK, AK 99615 KODIAK ISL HSG AUTH/JOHNSTON 3137 MILL BAY RD KODIAK, AK 99615 CHRISTIAN & MARILYN ARNESON 8019 E. SETTLEMENT AVE WASILLA, AK 99654 KODIAK ISL HSG AUTH/NAUMOFF 3137 MILL BAY RD KODIAK, AK 99615 JOANN EWALD 11186 HWY 1 COOK, MN 55723 CARL & SANDRA JOHNSON 911 HILLSIDE OR KODIAK, AK 99615 SOURDOUGH BAY LODGE INC PO BOX 48 LARSEN BAY, AK 99624 SOURDOUGH BAY LODGE, INC. PO BOX 26 LARSEN BAY, AK 99624 NATIVE VILLAGE LARSEN BAY PO BOX 50 LARSEN BAY, AK 99624 DARLENE JOHNSON PO BOX 10 LARSEN BAY, AK 99624 ELI & MARIE SQUARTSOFF PO BOX 86 LARSEN BAY, AK 99624 VICTOR CARLSON P.O, BOX 7 LARSEN BAY, AK 99624 TIMOTHY & DONNA HURLEY PO BOX 864 KODIAK, AK 99615 MARILYN AGA P 0 BOX 2 LARSEN BAY, AK 99624 VENESSA HOCHMUTH PO BOX 74 LARSEN BAY, AK 99624 BRIAN & SARAH BLONDIN PO BOX 4478 KODIAK, AK 99615 KODIAK ISL HSG AUTH 3137 MILL BAY RD KODIAK, AK 99615 MARLENE AGA PO BOX 34 LARSEN BAY, AK 99624 MARIE BRUNTON LARSEN BAY, AK 99624 DAVID & SHERRY HARMES 17929 BEAUJOLAIS DR EAGLE RIVER, AK 99577 MARINA WASELIE PO BOX 21 LARSEN BAY, AK 99624 WILLIAM ANDERSON 1064W 23RD AVE ANCHORAGE, AK 99503 KODIAK ISL HSG AUTH/PANAMAROFF 3137 MILL BAY RD KODIAK, AK 99615 KODIAK ISL HSG AUTH/MCCORMICK 3137 MILL BAY RD KODIAK, AK 99615 ROGER GUARD ETAL 1559 UNDERWOOD LANE SE WESTPHALIA, KS 66093 KODIAK ISL HSG AUTH/ALPIAK 3137 MILL BAY RD KODIAK, AK 99615 CITY OF LARSEN BAY PO BOX 8 LARSEN BAY, AK 99624 SAMUEL HALBERT PO BOX 84590 FAIRBANKS, AK 99708 CITY OF LARSEN BAY P.O. BOX 8 LARSEN BAY, AK 99624 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK, AK 99615 SARAH BLONDIN 1520 ISMAILOV ST KODIAK, AK 99615 EDWARD HERZOG ESTATE 1590 W. HENDRICKSON RD SEQUIM, WA 98382 SOURDOUGH BAY LODGE, INC P 0 BOX 26 LARSEN BAY, AK 99624 Mr. & Mrs, Brian Blondin PO Box 4478 Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kib.co.kodiak.ak.us January 23,2008 Re: Case 03-012. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4, and 5 from RI - Single Family Residential to B -Business. Dear Mr.& Mrs. Blondin: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their February 20, 2008 regular meeting. This meeting will begin at 7:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, February 13, 2008 at 7:30 p.m. in the Borough Conference Room (#121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486-9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, Qc,(let.aCL Ca) Sheila Smith, Secretary Community Development Department O 0 N Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 or Doe. Judo MARILYN NNp7AAGA SEN BCCI D 049J82035543 $00.412 04/22/2008 Mailed From 99615 US POSTAGE 0 C� O N Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 A PTE 0 049J82035543 MARIE BRUNTON 24 Mailed From 99615 US POSTAGE Brian & Sarah Blondin PO Box 4478 Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kib.co.kodiak.ak.us October 27, 2005 Re: Case 03-012. Request for a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4, and 5 from R1 - Single Family Residential to B -Business. Located at 205 & 206 D Street, 208 E Street, and 406 Third Street, Larsen Bay. Dear Mr. and Mrs. Blondin: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on July 16, 2003 postponed action on the case referenced above to an undetermined meeting. At the regularly scheduled Planning and Zoning Commission meeting on October 19, 2005, the Commission directed staff to send a formal status letter to all petitioners that have cases that have postponed indefinitely due to anticipated community planning projects. Your case is one of the cases that fall within this category. Due to the fact that the Borough is just beginning a borough - wide comprehensive planning effort and no longer pursuing individualized area plans, it may be appropriate for your case to be reconsidered by the Commission. Staff is seeking your response to this letter to indicate your preference to one of the three options: 1. you would like your cases to be heard by the Commission at their regular meeting in either December, January, or February; 2. you would like to maintain your postponed status, or 3. you would request that the cases be withdrawn completely with the understanding that you could re -apply at a later date. Please respond to this letter at your earliest convenience so we can begin advertising for meetings and preparing new reports. If you have any questions regarding the Commission's actions please contact the Community Development Department at 496-9363. erely, 74{A4- Mary Myers Ogle, AICP Director 1 1 IV. MINUTES OF PREVIOUS MEETING COMMISSIONER OSWALT MOVED TO APPROVE the minutes of June 18, 2003 Planning and Zoning Commission regular meeting as submitted. The motion was SECONDED by COMMISSIONER FRIEND, and CARRIED by unanimous voice vote. STAFF DVORAK introduced Michelle Stearns as the new director of the Community Development Department, V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. VII. PUBLIC HEARINGS A) Case 03-012. Request for a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4 and 5 from R1 -Single Family Residential to B -Business. STAFF reported twenty-eight (28) public hearing notices were distributed for this case with six (6) returned stating opposition. The petitioners also submitted comments that were distributed to the commissioners. Staff recommended postponement until after Staff has had the opportunity to visit Larsen Bay. COMMISSIONER FRIEND MOVED TO postpone the rezoning of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4 and 5 from R1 -Single Family Residential to B -Business until such time as the Community Development Department, with a representative from the Planning & Zoning Commission, has performed a site investigation and obtained additional public input. Public input should include a community consensus for proposed future business development areas. The motion was SECONDED by COMMISSIONER OSWALT. Regular session closed. Public hearing opened: Alan Panamaroff. Mayor of City of Larsen Bay: Questioned the dates of the staff visit to Larsen Bay. Hearing and seeing none. Public hearing closed. Regular session opened: P & Z Minutes: July 16, 2003 Page 2 of 6 The question was called, and the motion CARRIED by unanimous roll call vote. 13) Case 03-014. Request for Planning & Zoning review, in accordance with KIBC 18.10.030 (Review), of the proposed acquisition of Miller Point Alaska Subdivision, Block 5, Lot 813-1 and the westerly portion of Lot 8A for the expansion of Bayside Fire Station. STAFF indicated forty-four (44) public hearing notices were distributed for this case with no responses being returned. Staff recommended that this request be forwarded to the Assembly with a recommendation to acquire land specifically designated for the expansion of the Bayside Fire Station and related facilities COMMISSIONER BOEHLAND MOVED TO determine that the proposed expansion of the Bayside Fire Station and related facilities is consistent with the provisions of KIBC 18.10.030 regarding the acquisition of land that is designated for a specific purpose, and furthermore, it is moved to recommend that the proposed land to be acquired be replatted and zoned appropriately at such time that the land is acquired by the Borough. The motion was SECONDED by COMMISSIONER OSWALT.. Regular session closed. Public hearing opened: Scott Arndt, Chairman of Fire Protection #1: Spoke in favor of this request. Outlined the development plans for the property in question. Michael Oliver, neighborhood resident: Voiced concern about the details of this request. Would like to be fully informed of any action taken on this case. Terry Lee, neighborhood resident: Voiced concern about the details of this request. Would like to be fully informed of any action taken on this case. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion FAILED, three yeas to two nays by roll call vote. Commissioners Ketscher and Boehland were the nays. VIII. OLD BUSINESS A) Schedule work session to discuss the appeals code. P & Z Minutes: July 16, 2003 Page 3 of 6 Public Hearing Item VI -A Kodiak Island Borough Planning and Zoning Commission SUMMARY STATEMENT — JULY 9, 2003 Meeting of: July 16, 2003. ITEM TITLE: Case 03-012. Request for a rezone, in accordance with KIBC 17.72.030 (Manner of initiation), of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4 and 5 from R1 -Single Family Residential to B -Business. BACKGROUND: This case is the second rezone request located in the Larsen Bay community to come before the Planning and Zoning Commission in the past two months. The first case, which was considered at last months regular meeting (Case 03-011), was postponed by the Commission until staff and a member of the Commission can make a site visit to the community. At the time the Commission postponed Case 03-011, it enlarged the scope of the investigation to look at all other lodges/properties in the Larsen Bay Townsite, which would include this parcel. As result, staff is reluctant to begin an evaluation of this case given that staff has not been able to complete the required site visit to Larsen Bay. RECOMMENDED ACTION: Staff recommends that the Commission postpone this rezone request until the Community Development Department and a representative from the Planning and Zoning Commission can perform a site investigation and gather public input from the Larsen Bay community. APPROPRIATE MOTION: Should the Commission agree with the staff recommendation, the appropriate motion is: Move to postpone the rezoning of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4 and 5 from R1 -Single Family Residential to B -Business until such time as the Community Development Department, with a representative from the Planning & Zoning Commission, has performed a site investigation and obtained additional public input. Public input should include a community consensus for proposed future business development areas. Case 03-012/Summary Statement Page 1 of 1 P & Z: July 16, 2003 • KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD, ROOM 205, KODIAK, ALASKA 99515-6398,1907) 486-9362 The eppUcadon fee fotiroma covered by this form is 5200 QQ., except at otherwise noted. Conaitional Use Permits, end Varlence applications also require rhe submission of a site plan. Applicant Information ,�] `n 4i an ` 'I Property owner's name: 5 c,rn D nDn COMMUNE!) tt Property owner's mailing address: • \ y f Id I % P5 yy--/�� City: VIDA I avI' State: 1 1 tIf Zip:` 1 i La ! ,, Home phone: 901- 4 j- ce, Work phone: q rE7t' 344 7 "1 Cl tt If applicable, Agent's name: Agent's mailing address: City: State: Zip: Horne phone: - - Work phone: Ler f� i�Property Information Q Legal Description: Ler�iit� , � 5qy �� c). 5 0-5 )4L5 t%ji/ f 2, + 45 L L Present use of property: Proposed use of property: . nr {JG QLQ } - ell J51 .e..5J l } —1 UN 1 7 2403 Applicant Certification D i t11 b r'^d agent. hsve been advised of the procedures involved with this request have reciovod a � copy of the appropriate regulatfo /-74`Q 31/4 W t1. � WJV✓ Authorized Agent's Signature Date -' Property Owner's Signature Date STAFF USE ONLY , ` Code Sectionls) involved: PAYMENT VERIFICATION FIREG rICASH 86/17/2003 15:52:36 010d56619 Zone Fee PRIG 200,00 aaa paid in Full tui Kodiak Island Boroug Variance, Conditional Use Permit Title 18 Review =g ,`' Other (appearance requests, etc.) $50.00 ., Zoning change from �l to •!ty' Application received by: FA.tn''1 E -�,k. U9- la I /�6 Staff signature �' YY Date July, 1993 03 bourak Hh 9Yb13 (907) 486-9324 OT -09-2003 03:OOpm From -City of tarsen Bay 907-847-2239 14.0.1.1114.11. latia1\IA U-ttu.-• as T-909 P.001/001 F-435 COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, July 16, 2003. The meeting will begin at 7:30 p m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: A) CASE: APPLICANT: REQUEST: LOCATION: ZONING: 03-012 Brian & Sarah Blondin A rezone, in accordance with KTBC 17.72.030 (Manner of Initiation), of Larsen Bay,'Tract A; Block 7, Lot 4 and Black 8; Lots 3, 4 and 5 from R1 -Single Family Residential to B -Business. 205 & 206 D Street, 208 E Street and 406 Third Street, Larsen Bay, RI -Single Family Residential This nonce is being sent to you bcceuse our records indicate you area property owner/interested party in the arca of the inquest If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Cormmmity Develo ,r, ent Department nrtor to the meeting. If you would like to fax your comments to us, our fax tnnnber i. 907 486-93 1, If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -In telephone number is 486-3231. The toll free telephone number is 1.800-478-5736. One week prior to the regular meeting, on Wednesday, July 9, 2003, a work session will be held at 7:30 p.m in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the unmet decision on this request If you have any questions about the request or your appeal rights, please feel fret to call us at 486-9363. erre I Your Name: V;cttJSQ1,4Melling Addressx I!_I ihe 4r ik Li7i •iX. Your pruperty deaxiptlon _L.V7 en s: -. 0,....4 i..2 ... R �.a ••i.10 1 •S_ 0440 i ..� � la Sle . • e I $ IA 5a I1 t/a_' I7 Si 6..Ll.�d ,r . ill .. a r' 1 A _• Chem -15 .hwL,. ..i. _ ," r + r 4hes-a ra'welI ., �A ' f1 / :I7, r0 itt , si. se _ t A'/ i FIi f I. ! 1t' CIL _' li . 1( . III 4 4 4 !� SLzn'tu a.4tcli�fia ho ns 5 WLWi t ',� UdA 07-09-2003 04:01pm From -City of Laiian Bay 907-B47-2239 T-910 P.001/002 F-436 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, July 16, 2003. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: A) CASE: APPLICANT: REQUEST: LOCATION: ZONING: 03-012 Brian & Sarah Blondin A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation); of -Larsen Bay; Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4 and 5 from R1 -Single Family Residential to B -Business. 205 & 206 A Street, 208 B Street and 406 Third Street, Larsen Bay. RI -Single Family Residential This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Conmtunity Development Department prior to the meeting. If you would Bice to fax your comments to ns, our fax number is: (907) 486-9396. If you would like to testify via telephone, please call in your comments during the appropriate public bearing section of the meedng. The local call-in telephone number is 486-3231. The toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, July 9, 2003, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#I21), to review the packet material for the case. Kodiak Island Borough Code provides yon 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:. -//710,1 -1 -If,‘ AC -41 Mating Addrcs: - 6- 29e...35/1/91052 -c-0414 Your property description: pGC 7 Co-/- / // Comments: i%�A/^c —6-.6.1 -12.. r'P5inc.," d-,..4'ea (SY77 nqr ) .•- . .. �_ �. t -:a rw-rhM i yr..O e7.t.f Q s' r� n� j l G7 ‘, l . t -a 7i eft j7`.gy, c » V � rh F.. n- ' a S e c Ne . i 7p r iin4�� h/0 f .. k JO /240Vle.4.19'I a r.��c' . ../�/� 72Xi- tT d ']' g .. , o p N n .� J k -e , 11/4);"1,r PCS' me) 1.--c•P A iC rs it cj O,}lry�t.S —_"Fru t(Y;e L%i`.C1 k,i "AWS U.C.k,rr+- (SAC lt" jpw a. no i t Sri C.f/ iLL 'r-itl'Cld .4._. n•r hri,�yl `Qwj )-J-6rne .J- 4'r'.Lr.n I. 7J�` VI... 0.. SLk hn r -t r -ear txr . "/ r1 F u _5.1; `// // Wcur 44ir Aod=4FRuJcL h¢x+ — ke_ / r'our S�JiA�/ a 0 -e nat)-o' A' 9 As A4-001/14-9 doi t rearm 07-09-2003 04:02pm From -City of Larsen Bay 90T-047-2239 KODIAK ISLAND BUKuuun COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 T-910 P.002/002 F-436 Public Hearing Item VLA PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, July 16, 2003. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: LOCATION: ZONING: 03-012 Brian & Sarah Blondin A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 7, Lot 4 and Black 8, Lots 3, 4 and 5 from R1 -Single Family Residential to B -Business. 205 & 206 D Street, 208 E Street and 406 Third Street, Larsen Bay. R1 -Single Family Residential This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. If you would like to fax your carmnents to us, our fax number is: (907) 486-9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1-800-4785736. One week prior to the regular meeting, on Wednesday, July 9, 2003, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to can us at 486-9363. !� /661/449 / / / Q Your Name. SAM 4E"o/ MalMugeAdddrvu: Pc &x,� /( LAr -'y✓845/ / Your property description: 13, e: 4 C0 LOT -5 (RENS Z) Commcntst /fkS./61/ 1 RI -i nor- 771E cf..0Htbse. DF THE A%VE E' L..S mg-gnat/Et R of r y -7-#(5 iplebwr RflEcr3 ME AS if)E-a- s7'No9C R -Re c%t rb )-iE R s A V R€ MP/%wb /?.5 /TtE 7' or -1 11/?vE r'3Eaxr hvva`ve.n Ai/rN LobGFS('WMc/ 77/E »PPucMar wits BE- USrNNG 7Nrr )Moa FSL) A.5 Nor/ Rd b104.0vF P,vz) CUE. NT s© .Z C'AA' SPFId/'. F-/F.sr I/AN© DE 771E 11 Ary rjfl F)F 19r G cWoc_ RAN) APEA/2MS THer Go.5 eaA/ /. ? _s • - . �f/F--S� s, S;P fr774G MadvE5 g/2C . c.RTF-.D 1O r 6M.'/ /,v Hy ,c//6G.uPaC / D &/7-- NFA -Tot�u�e Zrlocc L- . Oct2 7�esavis i 7e7_ TNNIt oP6. irav - Ar 7 5361 c CcRTYONS• %K. `77617 K+_JIAK ISLAND BOROL COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, July 16, 2001 The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: A) CASE: 03-012 APPLICANT: Brian & Sarah Blondin REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract AT -Block 7, Lot 4 and Block -8, - - Lots 3, 4 and 5 from R1 -Single Family Residential to B -Business. 205 & 206 D Street, 208 E Street and 406 Third Street, Larsen Bay. R1 -Single Family Residential LOCATION: ZONING: This notice is being sent to you because our records the request. If you do not wish to testify verbally, to the Community Development Department prior fax number is: (907) 486-9396: •If you would like the appropriate public hearing section of the toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, Kodiak Island Borough Conference Room (#121), Kodiak Island Borough Code provides you with decision on this request. If you have any questions at 486-9363.1jn n n 1�^ n1^ ` 1 �y,�pjn Your Name: k)tlNQ,S SQL C"bCkt indicate you are a property owner/interested party in the area o you may provide your comments in the space below, or in a letter to the meeting. If you would like to fax your comments to us, our to testify via telephone, please call in your comments during meeting. The local call-in telephone number is 486-3231. The July 9, 2003, a work session will be held at 7:30 p.m in the to review the packet material for the case. specific appeal rights if you disagree with the Commission's about the request or your appeal rights, please feel free to call us t/[�, II/� t��r� Wo Mailing Address: ✓OX 714 (a, scn Your property description:A Goc( C /p, 3 comments: I /ieLt2 14 (-+Ou0NO4 be & Door( (&Q0,_ ^ Fel rcut `35b•-2 fp\ oNkutS 410 f busrecS on2.ko.i. f&wC1ly's afi arounc4 -I-irv¢m..Z-J- cuottldr4 he a goof =`• is �pe c aus e... 44.0,11 are t n q4u e en-l-er or fo i r . 7vo,y a a\ so rtc4 I\Q,X.- --HQ. sciu)o/, EUVE BE 1 1 1 L 14 2003 07-15-2003 01:29pm From -City of Larsen Bay July 15, 2003 907-847-2239 7-916 P.001/001 F-469 Kodiak Island Borough Community Development Department 710 Mill Bay Rd. Kodiak, AK 99615 To Whom It May Concern: I'm writing to voice my concern about the rezoning of Block 8 Lots 3, 4, 5. This is about 150 feet from the Larsen Bay School. Also Block 7 Lot 4 which is 300 feet from the school. This area is residential with children all around. I do not feel it good for a lodge to be where people with fire arms and liquor are that close to a school and the children that are walking and playing in this area all the time, I, I live on the other side of the village, but I have five grand children who has to get to and from school passing this area every day and I do not like it. The people who stay at lodges are there to have a good time and don't care about the children of Larsen Bay. Thank you for your time Carol Murdock 07-16-2003 02:45pm From-CIty,of Larsen Ray 907-947-2239 7-928 P.001/001 F-460 CITY OF LARSEN BAY PO BOX 8 • LARSEN BAY, ALASKA • 99624 PHONE: 9e7.847.2211 • FAX: 907447-2239 E-MAIL: CITYOFLABSENBAY®AOL.COM Kodiak Island Borough Community Development Department 710Mill Bay Rel. Kodiak, AK 99615 Re: Case 03-012 Rezone of Larsen Bay Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4 and 5 from R1 -Single family residential to B -business The City of Larsen Bay is not in favor of the request for rezone in case 03-012 from R1 to B -business. There are serious concerns in having a sport hunting and fishing business in the middle of the community near the Larsen Bay school and residential area. The residential home in block 7, lot 4 was build through the Kodiak Island Housing Authority and was specifically built as a residential home and should stay that way. We have had many residents come into the City office to voice their concern about the business near the Larsen Bay School, the noise around these homes and concern about firearms near residential homes and school where children are playing. Sincerely, Allen Panamaroff Sr. Mayor Sarah & Brian Blondin Box 4478 Kodiak, Alaska 99615 907-486-8588 7/13/03 To: Kodiak Island Borough Community Development Dept. & Planning and Zoning Commission, We will not be in Kodiak on Wednesday July 16th, 2003 to testify, so we are sending this letter so that we can go on the record supporting the study of zoning in Larsen Bay, AK with commission members coming to Larsen Bay to meet with Larsen Bay residents. We look forward to meet with commission and board members and respond to written comments, thank you! Sarah Blondin Brian Blondin -120r) Orl TrECEOVE 11 JULIO 2003 COMMUNITYDEVELOPMENT DEPARTMENT Sarah & Brian Blondin PO Box 4478 Kodiak, AK 99615 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 July 17, 2003 Re: Case 03-012. Request for a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4 and 5 from R1 - Single Family Residential to B -Business. Dear Mr. & Ms. Blondin: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on July 16, 2003 postponed action on the case referenced above until such time as the Community Development Department, with a representative from the Planning & Zoning Commission, has performed a site investigation and obtained additional public input. If you have any questions regarding the Commission's actions please contact the Community Development Department at 496-9363. Sincere Duane Dvorak Associate Planner Sarah & Brian Blondin Box 4478 Kodiak, Alaska 99615 907-486-8588 7/13/03 To: Kodiak Island Borough Comanursity Development Dept. & Planning and Zoning Commission, We will not be in Kodiak on Wednesday July 16th, 2003 to testify, so we are sending this letter so that we can go on the record supporting the study of zoning in Larsen Bay, AK with commission members coming to Larsen Bay to meet with Larsen Bay residents. We look forward to meet with commission and board members and respond to written comments, thank you! Sarah Blondin Brian Blondin Lik-vc 0,161.0 .[VCEOVIE 11 JUL 16 2003 COMMUNITY DEVELOPMENT DEPARTMENT Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6398 0 9624 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6396 fit.% �c qOdRtiS a99624 in en h!� Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99616-6398 Kk iJIAK ISLAND BOROIS H COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, July 16, 2003. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: A) CASE: 03-012 APPLICANT: Brian & Sarah Blondin REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4 and 5 from RI. -Single Family Residential to B -Business. 205 & 206 D Street, 208 E Street and 406 Third Street, Larsen Bay. R1 -Single Family Residential LOCATION: ZONING: This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486-9396. If you would like to testify via telephone, please call in your contents during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, July 9, 2003, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: Mailing Address: Your property description: Comments: CITY OF LARSEN BAY P.O. BOX 8 LARSEN BAY AK 99624 VICTOR CARLSON P.O. BOX 7 LARSEN BAY AK 99624 RUSSIAN ORTHODOX OF SITKA HEIRS OF PETER WASSELIE P 0 BOX 240805 ANCHORAGE AK 99524-0805 KARLUK AK 99608 VENESSA HOCHMUTH P 0 BOX 74 LARSEN BAY AK 99624 MARINA H WASELIE PO BOX 21 LARSEN BAY AK 99624 ELI & MARIE SQUARTSOFF JOANN EWALD DARLENE JOHNSON PO BOX 86 11186 HWY 1 PO BOX 16 LARSEN BAY AK 99624 COOK MN 55723 LARSEN BAY AK 99624 KIB/EILEEN CARLSEN MARILYN AGA JACK WICK POBOX 9058 POBOX2 POBOX26 KODIAK AK 99615 LARSEN BAY AK 99624 LARSEN BAY AK 99624 ROGER GUARD ETAL SARAH BLONDIFJ CARL & SANDRA JOHNSON 1559 UNDERWOOD LANE SE PO BOX 4478 911 HILLSIDE DR WESTPHALIA KS 66093 KODIAK AK 99615 , KODIAK AK 99615 ROBERT PFUTZENREUTER MARILYN AGA WILLIAM ANDERSON P.O. BOX 1740 PO BOX 876952 1064 W 23RD AVE KODIAK AK 99615 WASILLA AK 99687 ANCHORAGE AK 99503 CHRISTIAN & MARILYN ARNESON MARLENE AGA KODIAK ISL HSG AUTH PO BOX 876952 PO BOX 34 3137 MILL BAY RD WASILLA AK 99687 LARSEN BAY AK 99624 KODIAK AK 99615 MARIE BRUNTON FAR NORTH MISSIONARY FELLOWSHI JOYCE SMITH LARSEN BAY P 0 BOX 56686 P:O. BOX 50 LARSEN BAY AK 99624 NORTH POLE AK 99705 OUZINKIE AK 99644 SOURDOUGH BAY LODGE, INC P 0 BOX 26 LARSEN BAY AK 99624 EDWARD HERZOG ESTATE C/O ALICE HERZOG 1422 ORCA ST ANCHORAGE AK 99501 STEVE & MATILDA ANDERSON LARSEN BAY AK 99624 NATIVE VILLAGE LARSEN BAY UNKNOWN ADDRESS LARSEN BAY AK 99624