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2009-11-06 Regular Meeting4. APPROVAL OF AGENDA AND CONSENT AGEND All items listed with an asterisk ( *) are consider -' •e routine and non - controversial by the Assembly and will be approved by of ion. There will be no separate discussion of these items unless an Assemb ' . o requests, in which case the item will be removed from the Consent A• •. and c• -red in its normal sequence on the agenda. 5 APPROVAL OF MINUTES (lib V q \■ A. *Regular Meetings of August 21, 20 , ° eptem' 18, and O• -r 16, 2008. kC 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 6. AWARDS AND PRESENT A. Student of the Month 7. CITIZENS' COM S (Limite• hree - per ker) A. Agenda It - -duled f• bli •d G eral Comments 8. COMMITTEE 9. t' Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, November 6, 2008, 7:30 p.m., Assembly Chambers inance No. stablished tration and No. FY 12F Bever- . t . Board Request for Transfer of Ownership Bevera • . • ispensary License #3548 to Angelo's. establishing Boards, Committees, and Commissions Island Borough Code of Ordinances Title 2 A. onnel, hapter 2.39 Boards and Commissions. C. Ordin. -08 Rezoning USS 4872, Larsen Bay Townsite, Tract A, Block 1 •, R1- Single Family Residential To B- Business Zoning District (Case No. D. Ordinance No. 009 -09 USS 4872, Rezoning Larsen Bay Townsite, Tract A, Block 1, Lots 1 And 3 From R1- Single Family Residential To B- Business District (Case No. 03-011.) 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 1 of 2 13. NEW BUSINESS A. Reorganization of the Kodiak Island Borough Assembly. 1. Election of Deputy Presiding Officer. B. Contracts 1. Contract No. 2004-61C Legislative Consultant for the Kodiak Island Borough During the FY2008 and the FY2009 Legislative Sessions. C. Resolutions 1. Resolution No. FY2009 -10 Supporting Governor Palin's Proposal to Ameliorate the Effects of High Energy Costs on Alaskans and Recommending and Encouraging Support for Long -Term Commitm is From the Governor and the Legislature by Appropriating Funds to urage the Use of Public Transportation. . Decla . Kodiak Is Accepting a thorizing th eland Secu Revie , Tract Dire Case Block 1 •, aff to Pre. hePl D. Ordinances for Introduction 1. Ordinance No. FY2009 -10 Rezoni And US Survey 4947 From C -C (Case 09 -002.) 2. Ordinande No. FY2009 -11 Townsite Legally Described As Residential To B -Bus' -ss District ( 3. Ordinance No. F Amendi Ordinances Title 15 nd Con Island Borough And The • . k Builds E. Other Ite 1. Asse Subdi Busines aring a 14. CITIZENS' 15. ASSEMBLY ME COMMENTS posed ation To Li- 17. ADJOURNMENT mited to Three Minutes per Speaker) 16. EXECUTIVE SESSION A. Evaluation of the Professional Legal Services of the Borough Attorney. F Within US Survey 2261 Industrial Zoning District ing A Tract Of La The Larsen Bay BIo , Lot 1 Fr • ' 1- Single Family -011.) odiak Island Borough Code Of ion To Standardize The Kodiak odes. nia -zone of Larsen Bay Townsite 4 From R - Single Family Residential To B- an Ordinance for Introduction. g and Zoning Commission. cant • olio aste Advisory Board. nt on t' s ka Bay Road Service Area Board. ssembly .09 Meeting Schedule. Seismic Upgrade of Peterson Elementary School and nage nter Into an Agreement with the Alaska Division of and Emergency Management. 18. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Fire Protection Area No. 1 Board Regular Meeting of August 19, 2008. 2. Planning and Zoning Commission Regular Meeting of September 17, 2008. 3. Solid Waste Advisory Board Regular Meeting of February 6, 2008. B. Reports — None. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 2 of 2 KODIAK ISLAND BOROUGH Assembly Regular Meeting August 21, 2008 A regular meeting of the Kodiak Island Borough Assembly was held August 21, 2008 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Louise Stutes. Staff members present were Manager Rick Gifford, Finance Director Karl Short, Borough Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. APPROVAL OF AGENDA JEFFREY moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. AWARDS AND PRESENTATION None. CITIZENS' COMMENTS Ben Millstein spoke in support of Bell & Associates waste management plan. Jim Ashford spoke against the Kodiak High School proposition. COMMITTEE REPORTS Barry Altenhof, SWAB Chairperson, urged the Assembly to accept the recommendations from the Board. PUBLIC HEARING A. Ordinance No. FY2009 -05 Determining the Negotiation of a Sale at Fair Market Value of Tax Foreclosed Properties to the Federal Government. BRANSON moved to adopt Ordinance No. FY2009 -05. Certain real property has been deeded to the Borough through tax foreclosure proceedings pursuant to AS 29.45.290 for delinquent payment of taxes for 2006 and previous years. Planning and Zoning Commission reviewed the parcels as required by KIBC 18.10.030 in June 2008. These properties have been declared surplus to "public need" and determined to be available for future land sale. Kodiak Island Borough August 21, 2008 Assembly Minutes Page 1 The United States Fish and Wildlife Service (USFWS) expressed an interest in purchasing parcel T3OS R28W TL 1811 ZACHAR BAY & T31 S R28W TL 2903 AMOOK BAY at fair market value from the borough. KIBC 18.20.100 (B) Disposal for fair market value allows the assembly and its agents to directly negotiate with the United States, the state of Alaska, or any political subdivision thereof upon a finding by the assembly that the disposal will allow the use of the land for a public purpose beneficial to the borough. The property was once part of the Kodiak National Wildlife Refuge (KNWR) and the reacquisition by USFWS will promote efficient management for public recreation, refuge for wildlife, and are consistent with the goals and objectives of the comprehensive plan. Mayor Selby opened the public hearing. Hearing and seeing none, Mayor Selby closed the public hearing. Assembly Member Oswalt would like to see these properties be made available to the public first before they are offered to the State. ROLL CALL VOTE ON MOTION CARRIED FOUR TO THREE: Abell, Branson, Friend, and Lynch (Ayes); Jeffrey, Oswalt, and Stutes (Noes). B. Ordinance No. FY 2009 -01 B Amending Ordinance No. 2009 -01 Fiscal Year 2009 Budget by Amending Budgets to Provide for Additional Expenditures and Moving Funds Between Projects. JEFFREY moved to adopt Ordinance No. FY2009 -01 B. This ordinance: • Increases the Child Care Assistance Program fund revenues and expenditures by $19,022 due to an increase in the child care grant from the State of Alaska; • Increases Kodiak Middle School Seismic Upgrade Project in Fund 410 by transferring $2,700,000 from the Kodiak Middle School Seismic Upgrade project in Fund 420; • Moves $1,010,118 from the Learning Center Renovation project (05017) to the Ouzinkie Gym Renovation project (04103); and • Moves $143,751 from Learning Center Renovation project (05017) to the Peterson Seismic Upgrade Project (05023). Mayor Selby opened the public hearing. Hearing and seeing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Jeffrey, Friend, Lynch, Oswalt, Stutes, and Abell. C. Ordinance FY2009 -06 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of Not to Exceed $115,300,000 to Finance the Planning, Design, and Construction of a New High School, the Renovation of a Portion of the Existing High School to Create an Administration Building, Demolition of the Existing Borough Building and Related Capital Improvements; and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the October 7, 2008 Regular Borough Election. Kodiak Island Borough Assembly Minutes August 21, 2008 Page 2 ABELL moved to adopt Ordinance No. FY2009 -06. The Kodiak Island Borough would like to replace the Kodiak Island High School with a new building. Several reasons for this included skyrocketing maintenance and utility costs, building is being old and not very efficient, and currently is a "patchwork" of several different buildings that do not fit together. The needs of the students and the makeup of the student body have changed. When the high school was originally built, computers were not in use. Now they are in the mainstream of children's education. Designing and building a new high school will save a considerable amount of money on utility and maintenance costs. This will give the children a better education to help prepare them for their future. The Kodiak Island Borough wants to renovate part of the existing high school into administrative offices for the Borough, School District, and maybe the City of Kodiak. If these new administrative offices are constructed, the Borough Building can be demolished since it is an old and inefficient building. Stewart McDonald and Scott Williams gave a presentation regarding the proposed new High School. A substituted version of the ordinance detailing the project description and breakdown of costs was provided to the Assembly. FRIEND moved to amend Ordinance No. FY2009 -06 by substitution. ROLL CALL VOTE ON AMENDMENT CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Stutes, Abell, and Branson. Mayor Selby opened the public hearing. The following spoke under public hearing: Robyn Cassidy, Mel Stephens, Jeff Stephan, Lisa Johnson, and Mike Milligan. Mayor Selby closed the public hearing. Assembly discussion ensued regarding moving forward with the Ordinance and presenting The Assembly members spoke in favor of the new Kodiak High School project and forwarding the ordinance to the voters in the October 2008 election. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Stutes, Abell, Branson, and Friend. BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • FY2009 Legislative priority list, new pool, Middle School seismic upgrades, KHS library, Peterson Elementary seismic upgrades, Ouzinkie School Gym, and Community Health Clinic. • Senator Gary Stevens and Lobbyist Hickey will be attending the next work session. • Staff is working with appropriate agencies for the remediation of the KHS contaminated soil. Kodiak Island Borough Assembly Minutes August 21, 2008 Page 3 MESSAGES FROM THE BOROUGH MAYOR Mayor Selby commended the contractors and Borough staff in getting school projects done in a timely manner. He was glad to see the Legislature pass the energy /fuel assistance. He encouraged everyone to contact the representatives to advocate for a more comprehensive program to help the entire State. He reminded everyone to go out and vote at the Primary Election next week. UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Resolutions None. Ordinances for Introduction None. Other Items A. Acknowledging Receipt of the Solid Waste Advisory Board (SWAB) Recommendations from the Solid Waste Management Plan. FRIEND moved to acknowledge receipt of the SWAB's recommendation for the long term goals for the collection and disposal of Kodiak Island Borough's solid waste. The SWAB is the advisory board for the KIB Assembly and the Kodiak Island Borough for recommending solid waste policy and program directions. In accordance with KIBC 2.53.040 the SWAB has forwarded a recommendation to the Assembly for the Kodiak Island Borough's long term goals for the collection and disposal of solid waste. The recommendations are detailed in the Draft Solid Waste Management Plan and are as follows: i. Guiding Priorities & Principles Recommend Scenario B & C ii. Collection Recommend Scenario C iii. Handling & Transfer Recommend Scenario C iv. Waste Reduction & Recycling Recommend Scenario C v. Disposal Recommend Scenario C vi. Promotion & Education Recommend Scenario C* *Include recommendation for Public Relations /Education position vii. Organization & Administration Recommend Scenario C Assembly members commended the SWAB Associates. ROLL CALL VOTE ON MOTION CARRIED Branson, Friend, and Jeffrey. on its due diligence in working with Bell and UNANIMOUSLY: Lynch, Oswalt, Stutes, Abell, Kodiak Island Borough Assembly Minutes August 21, 2008 Page 4 B. Accepting the Solid Waste Management Plan. JEFFREY moved to accept the Solid Waste Management Plan. In 2007 the Kodiak Island Borough entered into a professional services contract with Bell & Associates to evaluate and provide recommendations for solid waste collection and disposal along the road system in Kodiak. In June 2008, the draft solid waste management plan was received and reviewed by the Borough and SWAB. Recommendations were determined by the SWAB from this plan and forwarded on to the Assembly. ROLL CALL VOTE ON MOTION CARRIED FOUR TO THREE: Branson, Friend, Jeffrey, and Lynch (Ayes); Oswalt, Stutes, and Abell (Noes.) C. Assembly Direction to Issue a Request for Proposal for Collection Services. FRIEND moved to direct staff to start the process of issuing an RFP for solid waste collection. The SWAB is the advisory board for the KIB Assembly and the Kodiak Island Borough for recommending solid waste policy and program directions. In accordance with KIBC2.53.040, the SWAB has forwarded a recommendation to the Assembly for the Kodiak Island Borough to proceed with issuing a Request for Proposal (RFP) for solid waste collection services. The Borough is currently in the first year optional extension with the existing collection contractor, Alaska Waste. OSWALT moved to amend the motion by changing the word "collection" to "system ". ROLL CALL VOTE ON AMENDED MOTION FAILED SIX TO ONE: Stutes, Abell, Branson, Friend, Jeffrey, and Lynch (Noes); Oswalt (Aye). FRIEND moved to amend the motion by adding the word "services" at the end of the motion. ROLL CALL VOTE ON AMENDED MOTION TO AMEND CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Lynch, Oswalt, and Stutes. ROLL CALL VOTE ON THE MOTION AS AMENDED CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Stutes, and Abell. CITIZENS' COMMENTS Ed Mahoney was in support of the Assembly being a part of the RFP process. Barry Altenhof, SWAB Chairperson, reported that the Board is looking at cost - effective measures for recycling with other Coastal Communities. ASSEMBLY MEMBER COMMENTS Assembly member Stutes thanked the SWAB for all of its hard work. Assembly member Friend thanked the SWAB for its work, School Staff for the presentation, Brechan Enterprises and the other contractors for getting the projects done on time. Assembly member Abell expressed concern about not having new boilers for the new pool. He would like to see the Borough advocate for a vocational /technical school in Kodiak. Kodiak Island Borough Assembly Minutes August 21, 2008 Page 5 Assembly member Branson announced there will be a free Aging Connection Conference in Kodiak September 13 and 14. She travelled for the Alaska Commission on Aging to different villages. She reminded everyone to drive carefully especially at the school zones. Assembly member Jeffrey thanked the SWAB and the School District staff. She noted Senator Stevens was able to get $500,000 for the repair of Mission Road. Assembly member Oswalt appreciated the work progress on the pool and hoped the School District would venture into looking at solar energy for the facilities. Assembly member Lynch acknowledged the progress of the Solid Waste Management Plan. Announcements Mayor Selby announced the work session scheduled for August 28, 2008 and regular meeting scheduled for September 4, 2008 have been cancelled. The Assembly will meet in a work session on Thursday, September 11, 2008 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, September 18, 2008 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT BRANSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION: Branson, Friend, Jeffrey, Lynch, Oswalt, Stutes and Abell. The meeting adjourned at 10:35 p.m. Nova M. Javier, CMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes August 21, 2008 Page 6 A regular meeting of the Kodiak Island Borough Assembly was held Thursday, September 18, 2008 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Louise Stutes. Staff members present were Manager Rick Gifford, Finance Director Karl Short, Engineering and Facilities Director Woody Koning, Borough Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. BRANSON moved to excuse Assembly member Abell who was out on personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA FRIEND moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The following items were approved under consent agenda: • Contract No. FY2009 -05 Providence Kodiak Island Counseling Services to KIB School District for School Year 2008 -2009. • Resolution No. FY2009 -05 Authorizing the Approval of Lease Regarding the Women's Bay Fire Hall Apartment. • Approval of Election workers APPROVAL OF MINUTES A. Regular meeting minutes of August 7, 2008 and Special meeting minutes of August 14, 2008 were approved under the consent agenda. AWARDS AND PRESENTATIONS KODIAK ISLAND BOROUGH Assembly Regular Meeting September 18, 2008 Mayor Selby proclaimed the fourth Monday of September as "Family Day, a Day to Eat Dinner with Your Children." Mayor Selby proclaimed the month of September "Alcohol and Drug Addiction Recovery Month." Mr. Ken McCarty of Providence Kodiak Island Counseling Center received the proclamation. Mayor Selby proclaimed October 11, 2008 United State Coast Guard "We Applaud You" Day. Kodiak Island Borough Assembly Minutes September 18, 2008 Page 1 Manager Gifford presented a Certificate of Achievement for Excellence in Financial Reporting to Finance Director Karl Short. CITIZENS' COMMENTS Darlene Turner, Secretary of the Kodiak Island Bed and Breakfast Association, urged the Assembly not to award monies at this time because of the contentious issues that have not been resolved. Marion Owens spoke in support of Resolution No. FY2009 -04. She opposed the Borough allocating funds to the Bed and Breakfast Association. Robin Haight spoke in support of Resolution No. FY2009 -03. Jim VanAtta, Treasurer of the Kodiak Island Bed and Breakfast Association, opposed the accommodation tax monies being allocated to the Kodiak Bed and Breakfast Association. COMMITTEE REPORTS Assembly member Friend, Kodiak College Council Assembly Representative, spoke briefly on the different programs and activities at the college. Assembly member Jeffrey attended the Kodiak Fisheries Advisory Committee meeting. She announced they were having problems establishing a quorum. The following seats are vacant: lodge /charter boat operators seat, rural communities seat, and large trawl vessels seat. Assembly member Oswalt attended the Architectural Review Board where the Bayside Fire Hall addition was discussed. He reported that changes were to be made and he felt they had done a good job. Assembly member Lynch attended the SWAB work session and reported that they were working toward education and getting the word out regarding recycling. The Board was energized to get the go ahead from the Assembly. PUBLIC HEARING A. Resolution No. FY2009 -04 Adopting the Kodiak Area Coordinated Transportation Plan. BRANSON moved to adopt Resolution No. FY2009 -04. This resolution was requested by Assembly member Branson to express continued support to KATS in its goal to provide safe and reliable transportation to those residents who need it the most so they might remain living independently for as long as possible. Mayor Selby opened the public hearing. Hearing and seeing none, he closed the public hearing. Assembly member Branson spoke in support of KATS and outlined the process of the plan. Assembly member Jeffrey gave personal testimony of the service that KATS gives to local community members. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, and Stutes. Kodiak Island Borough Assembly Minutes September 18, 2008 Page 2 BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • Federal Highway System agreed to obligate the funds for the North Star trail system in the amount of 1.3 million dollars. Construction should begin next spring. • Planning and Zoning Commission is meeting in Larsen Bay this weekend to hold a public hearing on zoning cases in the community. • Reported that he would be attending the annual International City Managers Association Conference in Richmond, Virginia and then he would be taking annual leave to visit family. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported the following: • Attended the summer meeting of AML and Alaska Conference of Mayors where they addressed priorities for the Fall AML conference including a resolution for an Alaska transportation trust fund. • Energy assessment was discussed and recommendations were made on how communities could be more self- sufficient. • Update on revenue sharing and plan to be bumped up to $75 million for an annual allocation. • PERS was discussed and the amount has been reduced. • Legislature may revisit the APOC disclosure form and possibly go back to the old system. • Attended the Western Interstate Board Region on behalf of AML in early October and discussed what is going on nationally in terms of PILT. UNFINISHED BUSINESS A. Ordinance No. FY2008 -21 Amending Title 2 Administration and Personnel, Chapter 2.24 Borough Attorney by Adding Section 2.24.040 Alternate Counsel. This item was presented to the Assembly on June 5, 2008, advanced to public hearing on June 19, 2008, postponed to August 7, 2008 and postponed again to September 4 (meeting cancelled.) Second opinion was received and changes recommended were incorporated in the ordinance to clarify proposed language. It was recommended to clarify the standards for preauthorization and consideration should be given to a comprehensive set of provisions dealing with the indemnification of borough officials. Branson moved to postpone Ordinance No. FY2008 -21 indefinitely and directed staff to look more into a comprehensive set of provisions dealing with the indemnification of Borough officials. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Stutes, and Branson. B. Resolution No. FY2009 -03 Approving Fiscal Year 2009 Support to the Kodiak Island Bed and Breakfast Association. This resolution allocated part of the bed tax proceeds to the Kodiak Island Bed and Breakfast Association for marketing bed and breakfasts located within the Kodiak Island Borough. This was postponed from the July 17, 2008 meeting. Kodiak Island Borough Assembly Minutes September 18, 2008 Page 3 STUTES moved to postpone Resolution No. FY2009 -03 indefinitely. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Stutes, Oswalt, Branson, and Friend. NEW BUSINESS Contracts A. Contract No. FY2009 -05 Providence Kodiak Island Counseling Services to KIB School District for School Year 2008 -2009. This item was approved under consent agenda. Resolutions A. Contract No. FY2009 -05 Providence Kodiak Island Counseling Services to KIB School District for School Year 2008 -2009. This item was approved under consent agenda. B. Resolution No. FY2009 -06 Adopting a State Legislative Capital Improvement Projects Priority List for the 2009 Legislative Session. BRANSON moved to adopt Resolution No. FY2009 -06. This resolution compiled the list of legislative capital improvement priority projects for the Kodiak Island Borough for the 2009 Legislative session. It was important to have the list completed early so that projects may be considered by the different state agencies and hopefully, be included in the Governor's Capital Budget. This list will be forwarded to the legislative delegation, the Governor and any state agencies that would have oversight and /or involvement in the project. Assembly member Stutes would like to see a letter of intent from the Department of Fish and Game that they would rent/lease the building from the Borough once the new facility was built. Assembly member Branson was glad to see the nursing home plan and design and seismic upgrades that are on the list. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Stutes, Branson, Friend, and Jeffrey. C. Resolution No. FY2009 -07 Approving the Village of Karluk and Its Native Village Council to Participate in the FY2009 Community Revenue Sharing Program. FRIEND moved to adopt Resolution No. FY2009 -07. This resolution identified Karluk as an unincorporated community that meets the Community Revenue Sharing Program eligibility criteria established under AS 29.60.865, AS 29.60.879 and 3 AAC 180.110. Karluk has more than 25 residents and provides fire protection, emergency medical response, water and sewer, solid waste management, and public road maintenance to its residents. Staff recommended this Resolution for approval. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stutes, Branson, Friend, Jeffrey and Lynch. Kodiak Island Borough Assembly Minutes September 18, 2008 Paae z D. Resolution No. FY2009 -08 Supporting the Need for a Comprehensive Study of the Existing Modes of Transportation Along With the Transportation Needs of the Communities on Kodiak Island and Urging the Denali Commission to Fund a Portion of the Island -Wide Transportation Study. STUTES moved to adopt Resolution No. FY2009 -08. This resolution would indicate the Borough's support of a transportation feasibility study to determine how transportation services could be coordinated and improved on Kodiak Island in order to address travel, fuel delivery, and freight delivery needs and their costs to our rural communities. The Island -wide Transportation Study was a 2008 Legislative priority. The Alaska Department of Transportation indicated they would fund $100,000 of the estimated $250,000 needed to conduct the study. KIB is applying for a grant from the Denali Commission requesting an additional $125,000 in funding and this resolution of support is required as part of the grant application. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Jeffrey, Lynch, and Oswalt. Ordinances for Introduction — None. Other Items 1. Approval of Workers for the October 7, 2008 Regular Municipal Election. This item was approved under consent agenda. 2. Accepting the FY2009 Designated Legislative Grant #09 -DC -567, Road Service Area Rehabilitation and Paving and Authorizing the Manager to Enter Into an Agreement with the State of Alaska Department of Commerce, Community and Economic Development. JEFFREY moved to accept the FY2009 Designated Legislative Grant #09 -DC -567, Road Service Area Rehabilitation and Paving and Authorizing the Manager to Enter into an Agreement with the State of Alaska Department of Commerce, Community and Economic Development. The purpose of this action was to accept FY2009 Designated Legislative Grant #09 -DC -567, Road Service Area Rehabilitation and Paving in the amount of $2,500,000, from the State of Alaska Department of Commerce Community and Economic Development. This grant was contingent upon ratification and sale of General Obligation Bonds and no charges can be accrued toward this grant until notification was given by the Department of Commerce Community and Economic Development. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt and Stutes. 3. Accepting the FY2009 Designated Legislative Grant #09 -DC -223, Area Wide School Supplies and Equipment and Authorizing the Manager to Enter Into an Agreement with the State of Alaska Department of Commerce, Community and Economic Development. BRANSON moved to accept the FY2009 Designated Legislative Grant #09 -DC -223, Area Wide School Supplies and Equipment and Authorizing the Manager to Enter into an Agreement with the State of Alaska Department of Commerce, Community and Economic Development. Kodiak Island Borough September 18, 2008 Page 5 Assembly Minutes The purpose of this action was to accept FY2009 Designated Legislative Grant #09 -DC -223, Area wide School Supplies & Equipment in the amount of $130,000, from the State of Alaska Department of Commerce Community and Economic Development. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Stutes, and Branson. 4. Assembly Approval of the Vacation of a 20 -Foot Wide Portion of a Utility Easement in Accordance With KIBC 16.60.060 Along the West Side Lot Line of Lot 13, Woodland Acres Subdivision, 1s Addition. FRIEND moved to approve the vacation of a 20 -foot wide portion of a utility easement in accordance with KIBC 16.60.060 along the west side lot line of Lot 13, Woodland Acres Subdivision, First Addition. The commission granted approval of a preliminary plat where the applicant desired to eliminate a 20 -foot wide utility easement and construct an addition on to his existing structure. He has contacted the various potential users of the utility easement and they have expressed non - objection to this vacation. Because there is a vacation of a utility easement involved, KIBC 16.60.060 requires assembly review and approval. If approved, the applicant will submit a final plat that meets KIBC code requirements. Staff recommended approval. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Stutes, Branson, and Friend. 5. Assembly Approval of the Vacation of a 20 Foot Wide Utility Easement in Accordance with KIBC 16.60.060 That Is Shared By Existing Lot 2B and Lot 2C, Block 1, Bells Flats, Alaska Subdivision. JEFFREY moved to approve the vacation of a 20 foot wide utility easement in accordance with KIBC 16.60.060 that is shared by existing Lot 2B and Lot 2C, Block 1, Bells Flats, Alaska Subdivision. The commission granted approval of a preliminary plat where the applicant reconfigured his two lots by shifting interior lot lines. The existing utility easement will be eliminated and vacated with this shift in property line. Because there is a vacation of an easement involved, KIBC 16.60.060 requires assembly review and approval of any vacated area. The applicant has contacted various utilities about this action and has received non - objection statements. Staff recommended approval. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Stutes, Branson, Friend, and Jeffrey. CITIZENS' COMMENTS David Wilson, School Psychologist, wrote a letter that was read into the record. The letter outlined the lack of security in the existing high school building stating specific examples. His letter was in support of a new high school. Kodiak Island Borough Assembly Minutes September 18, 2008 Page 6 Debra Nielsen, member of Friends of Kodiak High School, read the fact sheet in the brochure in support of Proposition No. 2. Robin Haight asked for continued partnership and support and hoped the Assembly would reconsider the allocation of funds to the Kodiak Island Bed and Breakfast Association. ASSEMBLY MEMBER COMMENTS Assembly member Lynch, Oswalt, Jeffrey and Friend had no comments. Assembly member Branson congratulated the Finance Department on its receipt of the Achievement for Excellence in Financial Reporting. Assembly member Stutes congratulated the Finance Department. In response to her question regarding the status of repair of Mission Road, Manager Gifford said the bid came out higher than expected and Senator Stevens is currently seeking additional funding. Announcements Mayor Selby announced the work session scheduled on September 25, 2008 and regular meeting on October 2, 2008 have been cancelled. The Regular Election will be held on Tuesday, October 7, 2008. The next Assembly work session would be held on Thursday, October 9, 2008 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, October 16, 2008 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT JEFFREY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION: Oswalt, Stutes, Branson, Jeffrey, Friend and Lynch. The meeting adjourned at 8:50 p.m. Nova M. Javier, CMC, Borough Clerk Approved: Kodiak Island Borough September 18, 2008 KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Assembly Minutes Paae 7 A regular meeting of the Kodiak° Island Borough Assembly was held Thursday, October 16, 2008 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Louise Stutes. Staff members present were Manager Rick Gifford, Finance Director Karl Short, Engineering and Facilities Director Woody Koning, Borough Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. APPROVAL OF AGENDA AND CONSENT AGENDA BRANSON moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES — None. AWARDS AND PRESENTATIONS Mayor Selby proclaimed the month of October as "Domestic Violence Awareness Month" urging all citizens to actively support and participate in the ongoing programs designed to reduce and eventually eliminate violence as a social problem. Beatriz Serrano of the Kodiak Women's Resource Center accepted the proclamation. Manager Gifford presented the Employee of the Quarter Award to Ken Smith, Projects Manager /Inspector in the Engineering /Facilities Department. Manager Gifford presented Ten Year Longevity Awards to Bill Bissett, Maintenance Engineer at KFRC, Debbie Rippey, Appraisal Technician in the Assessing Department, and Dave Weinand, Maintenance Worker in the Engineering and Facilities Department. Fifteen -Year Longevity Award was also presented to Paul VanDyke, LAN Administrator MIS Department, and Twenty - Year Longevity Award to Bob Scholze, Appraiser in the Appraisal Department. A Twenty -Five Year Longevity Award was presented to Karleton Short, Finance Director in the Finance Department. CITIZENS' COMMENTS KODIAK ISLAND BOROUGH Assembly Regular Meeting October 16, 2008 Mel Stephens thanked Tom Abell and Reed Oswalt for their service on the Assembly and specifically for their vote against Ordinance No. FY2006 -06. COMMITTEE REPORTS — None. PUBLIC HEARING - None. Kodiak Island Borough October 16, 2008 Page Assembly Minutes BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • He attended the International City Managers Association Conference. • The Borough hired Jennifer Vickstrom for the Accounting /Payroll Technician position. • Staff met with the State DOT staff and discussed the Borough and State road projects. • Personnel Advisory Board met Wednesday, October 15, 2008 and discussed the Project Assistant and Project Manager Salary schedules. A new president was elected. Staff is working on job descriptions that will be presented to the Advisory Board. • IBEW union negotiations will begin next week. • He reported that Chief Bob Himes noted the State Troopers are investigating the vehicle vandalisms in Kodiak. • He provided an updated project status report from Project Manager Ken Smith. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported that: • State Assessors full value determination for Kodiak is $ 1,041, 090,000. • State will fund an Island -Wide Transportation study in the amount of $225,000. • He attended the Western Interstate Board conference of AML directors. PILT will be fully funded for the first time. • NEW BUSINESS Contracts — None. Resolutions A. Resolution No. FY2009 -09 Ratifying and Certifying the Results of the Municipal Election Held October 7, 2008. BRANSON moved to adopt Resolution No. FY2009 -09. The Canvass Board met October 9, 14, and 15 to canvass the 2008 municipal election. Borough Clerk Javier thanked the election workers and congratulated the newly elected officials. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Lynch, Oswalt, and Stutes. Ordinances for Introduction A. Ordinance No. FY2009 -07 Reestablishing Boards, Committees, and Commissions as Established in the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel, Chapter 2.39 Boards and Commissions. JEFFREY moved to adopt Ordinance No. FY2009 -07 in first reading to advance to public hearing on November 6, 2008. Per KIBC 2.39.180 Termination, all boards, committees, and commissions established under this chapter, with the exception of those mandated by state law, shall terminate by operation of law three (3) years from the date of passage of this section, unless affirmatively reestablished or continued by the assembly for a period not to exceed three (3) years. Any newly created board, committee, or commission shall be subject to the provisions of this section. Prior to the termination, continuation, or reestablishment, the clerk shall publish a notice of termination sixty (60) days prior to the termination, and the assembly shall hold a public hearing, receiving testimony from the general public and members of the board, committee, or commission. In said Kodiak Island Borough Assembly Minutes October 16, 2008 Page 2 hearing, the board, committee, or commission shall have the burden of demonstrating a public need for its continued existence. A determination as to whether a board, committee, or commission has demonstrated a public need for its continued existence shall take into consideration the following factors: 1. the extent to which a board, committee, commission or program has operated in the public interest; 2. the extent to which a board, committee, or commission has recommendations which are generally of benefit to the public interest; 3. the extent to which a board, committee, or commission has encouraged interested persons to report to it concerning the effect of its decisions on the effectiveness of service, and availability of service which it has provided; 4. the extent to which the board, committee, or commission has encouraged public participation in the making of its decisions; and 5. the efficiency with which public inquiries or complaints regarding the activities of the board, committee, commission or agency filed with it, with the department to which a board, committee, or commission is administratively assigned, have been processed and resolved. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Stutes, and Abell. B. Ordinance No. FY2009 -08 Rezoning USS 4872, Larsen Bay Townsite, Tract A, Block 16, Lot 12 From R1- Single Family Residential To B- Business Zoning District. FRIEND moved to adopt Ordinance No. FY2009 -08 to advance to public hearing on November 6, 2008. The Community Development Department received this case in 2008. It was combined with a number of other Larsen Bay Community cases that were taken into consideration when the Planning and Zoning Commission traveled to the community of Larsen Bay in May of 2008 and again last month to hold public hearings on this request for a rezone from R -1 Single Family Residential zoning district to the B- Business zoning district. After the September 20, 2008 public meeting and after receiving community public testimony, the Planning and Zoning Commission is forwarding this case to the Borough Assembly recommending a rezone of this parcel from R1- Single Family Residential to B- business consistent with the newly adopted Comprehensive plan. The "findings of fact" supporting the Commission's decision has been incorporated in this packet. In addition, materials reviewed by the Commission are also included for Assembly consideration. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Stutes, Abell, and Branson. C. Ordinance No. FY2009 -09 USS 4872, Rezoning Larsen Bay Townsite, Tract A, Block 1, Lots 1 And 3 From R1- Single Family Residential To B- Business District. STUTES moved to adopt Ordinance No. FY2009 -09 to advance to public hearing on November 6, 2008. Kodiak Island Borough October 16, 2008 Page 3 Assembly Minutes The Community Development Department received this rezone case in 2003. It was tabled by the Planning and Zoning Commission until after the completion of the Borough's Comprehensive Plan. Upon completion of this planning effort, the Planning and Zoning Commission has traveled to the community of Larsen Bay in May of 2008 and again last month to hold public hearings on this request. These parcels have been operated as the Larsen Bay Lodge in one form or another for an extended period of time. After the September 20, 2008 public meeting and after receiving significant community public testimony, the Planning and Zoning Commission forwarded this case to the Borough Assembly with the recommendation to approve this request for rezoning. Assembly discussion. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Stutes, Abell, Branson and Friend. Other Items A. Accepting the 2007 Public Safety Interoperable Communications Grant, 2007 -GS -H7 -0025, State Grant No. 07PSIC- GR34037 and Authorizing the Manager to Enter Into an Agreement with the Alaska Division of Homeland Security and Emergency Management. JEFFREY moved to adopt Ordinance No. FY2009 -09. The purpose of this action is to accept the 2007 Public Safety Interoperable Communications Grant, 2007 -GS -H7 -0025, State Grant No. 07PSIC- GR34037, in the amount of $70,230.00 from the Alaska Division of Homeland Security and Emergency Management which will be used to upgrade current radios and purchase new radios where needed to upgrade the systems at the Bayside Fire Station, Women's Bay Fire Station, Providence Kodiak Island Medical Center, and Chiniak EMS First Responders. This project will upgrade all radios to an AES encryption system so that they are compatible with the Kodiak City and new Coast Guard Radio systems. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Stutes, Abell, Branson, Friend, and Jeffrey. B. Assembly Appointment of Veralyn "Lynn" Bash to the Personnel Advisory Board. This item was approved under consent agenda. C. Mayoral Appointment of Mr. Rick Lindholm to the Parks and Recreation Committee. This item was approved under consent agenda. D. Oath of Newly- Elected Officials. Borough Clerk Javier administered the Oath of Office to Newly- Elected Assembly members Judy Fulp, Sue Jeffrey, and Dave Kaplan. E. Presentation to Outgoing Assembly Members. Mayor Selby presented plaques of appreciation to outgoing Assembly members Abell and Oswalt. CITIZENS' COMMENTS None. Kodiak Island Borough Assembly Minutes October 16. 2008 Paae 4 ASSEMBLY MEMBER COMMENTS Assembly member Stutes congratulated the new Assembly members and thanked outgoing members. She congratulated the Employee of the Quarter and Longevity Awards recipients. Manager Gifford, in response to Assembly member Stutes inquiry, noted that Mission Road's contract will be awarded and the road will be roughed up for the winter in preparation of the next year's upcoming construction season. Assembly member Friend congratulated the new Assembly members and thanked outgoing members for their service. He also congratulated the employees for receiving the awards. Assembly member Abell encouraged others to participate in their local government. Assembly member Branson congratulated the employees for the awards. She thanked outgoing Assembly members for their service. She was glad to hear that PILT will be fully funded. She looked forward in working with the new Assembly members. Assembly member Jeffrey congratulated the employees. She also thanked Assembly members Abell and Oswalt for their service and looked forward to the future endeavors with the incoming Assembly members. Announcements Mayor Selby announced that community members who will be away from home during the General Election, may vote an absentee ballot in person starting in the Borough Clerk's Office. The Assembly will hold a special work session on Thursday, October 23, 2008 at 7:30 p.m. in the Borough Conference Room and the next regular Assembly work session will be held on Thursday, October 30, 2008 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, November 6, 2008 at 7:30 p.m. in the Borough Assembly Chambers. There will be a Joint Assembly /Council work session on Tuesday, October 28, 2008 at 7:30 p.m. in the Assembly Chambers. ADJOURNMENT JEFFREY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stutes, Abell, Branson, Friend, Jeffrey, and Lynch. The meeting adjourned at 8:25 p.m. ATTEST: Nova M. Javier, CMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes October 16, 2008 Page TITLE: SUMMARY: KODIAK ISLAND BOROUGH AGENDA STATEMENT NOVEMBER 6, 2008 REGULAR MEETING State of Alaska Alcoholic Beverage Control Board Request for Transfer of Ownership of Pizza Hut Liquor License, Beverage Dispensary License #3548 to Angelo's. KIBC 5.01.030 New license and transfer procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license; 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business; 3. The clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license; and 4. The notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within 1,500 feet of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Board. There are no trouble reports and no Borough interest can be protected by protesting the transfer. 148 public hearing notices were sent out. Returned notices will be provided to the Assembly on Thursday, November 6. APPROVAL FOR AGENDA: X J ITEM NO: 9.A RECOMMENDED MOTION: Move to voice non - protest to the State of Alaska Alcoholic Beverage Control Board Request for Transfer of Ownership of Pizza Hut Liquor License, Beverage Dispensary License #3548 to Angelo's. Member /Officer/Director: DOB Address Phone Title /Shares ( %) Anna Maria Kaloumenou 8/21/57 1515 Baranof Kodiak AK 99615 907 - 486 -2999 Owner 100% Konstantinos Macheras 5/25/42 1515 Baranof Kodiak AK 99615 907- 481 -7400 Affiliate e ite of Notice: September 24, 2008 Application Type: NEW Governing Body: Community Councils: License #: License Type: D.B.A. *: Licensee /Applicant: Physical Location: Mail Address: Telephone #: EIN: Corp/LLC Agent: A Address Phone Date and State of Limited Partnership /Corporation Good standing? te ase note: the Members / Officers / Directors /Shareholders (principals) listed below are the principal members. There may be additional members that we are not aware of because they are not primary members. We have listed all principal members and those who hold at least 10% shares. If transfer application, current license information: License #: Current D.B.A.: Current Licensee: Current Location: 3548 Pizza Hut #13 Kurani Inc 2625 Mill Bay Rd Additional comments: Restaurant Designation Application will sent via US mail. ORIGINAL APPLICATION MUST BE RETURNED. * *Date of Birth * Doing Business As Kodiak Island Borough *City of Kodiak None 3548 Restaurant Eating Place Angelo's Anna Maria Kaloumenou 2625 Mill Bay Rd State of Alaska Alcoholic Beverage Control Board * Correction 1515 Baranof Kodiak AK 99615 907 - 486 -2999 907 -481 -7401 Fax 41-2069139 X TRANSFER X Ownership Location X Name Change 1.A Pape 2 A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement or reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable ". Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330- 44.62- 630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS 04.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 15 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS 04.11.400(g), 15 AAC 104.335(a)(3), AS 04.11.090(e), and 15 AAC 104.660(e) must be approved by the governing body. Sincerely, /s/ Reeda 7arami!!o Reeda Jaramillo Business Registration Examiner Alcoholic Beverage Control Board 5848 E. Tudor Rd Anchorage, AK 99507 - Voice (907) 269 -0350 - Fax (907) 272 - 9412 Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 NOTICE OF PUBLIC HEARING The Alaska Beverage Control Board has notified the Kodiak Island Borough of a transfer liquor license: From: License #: 3548 License Type: D.B.A.: Pizza Hut #13 Licensee: Kurani Inc. Location: 2625 Mill Bay Road Name: Mailing Address: Comments: 10/8/08 To: License #: License Type: D.B.A. Licensee: Location: 3548 Restaurant Eating Place Angelo's Anna Maria Kaloumenou 2625 Mill Bay Road A public hearing will be held on Thursday, November 6, 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 Assembly. Per Kodiak Island Borough Code 5.01.030 New license and transfer procedure. ... the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license. ... the notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within one thousand five hundred feet (1,500') of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. If you do not wish to testify verbally, you may provide comments favoring or opposing in the space below. Please email your comments to njavier @kodiakak.us, fax to (907) 486 -9391, mail or hand deliver to the Office of the Borough Clerk by 5 p.m. on Thursday, November 6, 2008. If you have any questions, please call us at (907) 486- 9310. 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M • +'e . i ✓ (- = N Vf V1 7 "< 0 0 K 3 K 0> Z m _ = m O 0 '5 C/1 - - -I 7° C 7:3 D W D D D n N O W z _ m t7 Z N - m m m - Z Z - r o n m D co n m z Z D m 0 0 0 0 0 0 0 0 0 0 0 00000000000 > > > > > > > D > D > D D D D D D D D D D LO l0 l0 lD LO LO l0 lD l0 lD (JD t0 l0 l0 1.0 1.0 1 .0 t0 l0 t0 l0 t0 01 rn rn rn rn Q1 rn Ql Ol Ql CT N N N N N N N N U1 In cn In to In In to In to 01 NOTICE OF PUBLIC HEARING The Alaska Beverage Control Board has notified the Kodiak Island Borough of a transfer liquor license: From: License #: 3548 License Type: D.B.A.: Pizza Hut #13 Licensee: Kurani Inc. Location: 2625 Mill Bay Road A public hearing will be held on Thursday, November 6, 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 Assembly. Per Kodiak Island Borough Code 5.01.030 New license and transfer procedure. ... the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license. ... the notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within one thousand five hundred feet (1,500') of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. If you do not wish to testify verbally, you may provide comments favoring or opposing in the space below. Please email your comments to njavier @kodiakak.us, fax to (907) 486 -9391, mail or hand deliver to the Office of the Borough Clerk by 5 p.m. on Thursday, November 6, 2008. If you have any questions, please call us at (907) 486- 9310. Name: pui,t4,44 /1:15 Mailing Address: , ,4) y ZS Comments: k ■?bsiltltifavt 10/8/08 1'i f l y , Kodiak Island Borough L: NOV - 5 2008 1 , Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 To: License #: License Type: D.B.A. Licensee: Location: 7 DEVELOPMENT DEPA , A' ] 3548 Restaurant Eating Place Angelo's Anna Maria Kaloumenou 2625 Mill Bay Road 1m) NOV - 6 2008 1 From: License #: 3548 License Type: D.B.A.: Pizza Hut #13 Licensee: Kurani Inc. Location: 2625 Mill Bay Road Kodiak Island Borou Office of the Borough Cler 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 To: License #: License Type: D.B.A. Licensee: Location: NOTICE OF PUBLIC HEARING The Alaska Beverage Control Board has notified the Kodiak Island Borough of a transfer liquor license: 3548 Restaurant Eating Place Angelo's Anna Maria Kaloumenou 2625 Mill Bay Road A public hearing will be held on Thursday, November 6, 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 Assembly. Per Kodiak Island Borough Code 5.01.030 New license and transfer procedure. ... the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license. ... the notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within one thousand five hundred feet (1,500') of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. If you do not wish to testify verbally, you may provide comments favoring or opposing in the space below. Please email your comments to njavier @kodiakak.us, fax to (907) 486 -9391, mail or hand deliver to the Office of the Borough Clerk by 5 p.m. on Thursday, November 6, 2008. If you have any questions, ple 486- se call us at (907) 486 -� 9310. L, U-. C GAL h SD i U S ; /7' a,4 mi_ye r Name: Mailing Address: 7i ? Q. 6 o2 et-e_ze&L /' 99 6) ( Comments: V,4111,0- ite Q 4eie 10/8/08 4f1 11- L. etri -- - Kodiak Island Borough Office of the Borough Clerk r 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 - 391 i NOTICE OF PUBLIC HEARING L The Alaska Beverage Control Board has notified the Kodiak Island Borough of a transfer liquor license: From: License #: 3548 License Type: D.B.A.: Pizza Hut #13 Licensee: Kurani Inc. Location: 2625 Mill Bay Road To: License #: License Type: D.B.A. Licensee: Location: 3548 Restaurant Eating Place Angelo's Anna Maria Kaloumenou 2625 Mill Bay Road A public hearing will be held on Thursday, November 6, 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 Assembly. Per Kodiak Island Borough Code 5.01.030 New license and transfer procedure. ... the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license. ... the notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within one thousand five hundred feet (1,500') of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. If you do not wish to testify verbally, you may provide comments favoring or opposing in the space below. Please email your comments to njavier @kodiakak.us, fax to (907) 486 -9391, mail or hand deliver to the Office of the Borough Clerk by 5 p.m. on Thursday, November 6, 2008. If you have any questions, please call us at (907) 486- 9310. Name: Mailing Address: 1X 3 88 7 1eoiL e'FfK , 4-K . 9f is Comments: y / w b u/ d u 6 y xi- w /3 4- i � s -- h'� ��J - -L in/ lee, e§1, e. Vt,3 10/8/08 /'OGe_. ( --- OCT -20 -2008 07:22 PM ,,room: License #: License Type: D.B.A.: Licensee: Location: Mailing Address: 1 Of8J08 3548 RONALD KUTCHICK Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 907 486 5400 P.01 NOTICE OF PUBLIC HEARING The Alaska Beverage Control Board has notified the Kodiak Island Borough of a transfer liquor license: Pizza Hut #13 Kurani Inc. 2625 Mill Bay Road To: License #: License Type: D.B.A. Licensee: Location: 3548 Restaurant Eating Place Angelo's Anna Marla Katoumenou 2625 Mill Bay Road A public hearing will be held on Thursday. November 8. 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 Assembly. Per Kodiak Island Borough Code 5.01.030 New license and transfer procedure. ... the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license. ... the notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within one thousand five hundred feet (1,500') of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. If you do not wish to testify verbally, you may provide comments favoring or opposing in the space below. Please email your comments to njavier©kodiakak.us, fax to (907) 486 -9391, mail or hand deliver to the Office of the Borough Clerk by 5 c.m. on Thursday, November 8, 2008. If you hay = any questions, please call us at (907) 486- 9310. Name: P.m. c, as 4(1148, 4/ gq. 1s� Comments: ,C 41 Alp D lLb 1 e ft- v-- 1 - 11 - r 74i- 5 Fe/L.. FROM : Kodiak Alaska NOTICE OF PUBLIC HEARING The Alaska Beverage Control Board has notified the Kodiak Island Borough of a transfer liquor license: From: License #: 3548 License Type: D.B.A.: Pizza Hut #13 Licensee: Kurani Inc. Location: 2625 Mill ,Bay Road PHONE NO. : 907 486 6486 Oct. 22 2008 10:1BAM P1 Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 To: License #: License Type: D.B.A. Licensee: Location: 3548 Restaurant Eating Place Angelo's Anna Maria Kaloumenou 2625: Mill Bay Road A public hearing will be held on Thursday, November 6, 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 Assembly. Per Kodiak Island Borough Code 5.01.030 New license and transfer procedure. ... the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license. ... the notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within one thousand five hundred feet (1,500') of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak island Borough_ The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. if you do not wish to testify verbally, you may provide comments favoring or opposing in the space below. Please email your comments to njavien@kodiakak.us, fax to (907) 486 -9391, mail or hand deliver to the Office of the Borough Clerk by 5 p.m. on Thursday, November 6, 2008. if you have any questions, please call us. at (907) 486- 9310. Name: Mailing Address: / e Comments: � .z 9 �`h �f f�ti t Nova Javier From: Tom Simpler [simptom @gci.net] Sent: Tuesday, October 21, 2008 8:35 AM To: Nova Javier Subject: Transfer of Liquor License Charles and Arlene Simpler, 3027 Mill Bay Road, Kodiak 1 This is to let you know that we favor the transfer of the liquor license from Pizza Hut to Angelo's. This will help to make the business more viable and competitive. Thank you for the opportunity to respond. TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT NOVEMBER 6, 2008 REGULAR MEETING ITEM NO: 9.0 SUMMARY: Ordinance No. FY2009 -08 Rezoning USS 4872, Larsen Bay Townsite, Tract A, Block 16, Lot 12 From R1- Single Family Residential To B- Business Zoning District. The Community Development Department received this case in 2008. It was combined with a number of other Larsen Bay Community cases that were taken into consideration when the Planning and Zoning Commission traveled to the community of Larsen Bay in May of 2008 and again last month to hold public hearings on this request for a rezone from R -1 Single Family Residential zoning district to the B- Business zoning district. After the September 20, 2008 public meeting and after receiving community public testimony, the Planning and Zoning Commission is forwarding this case to the Borough Assembly recommending a rezone of this parcel from R1- Single Family Residential to B- business consistent with the newly adopted Comprehensive plan. The "findings of fact" supporting the Commission's decision has been incorporated in this packet. In addition, materials reviewed by the Commission are also included for Assembly consideration. Nine public hearing notices were sent out on October 20, 2008. Responses will be provided to the Assembly on November 6, 2008. APPROVAL FOR AGENDA: _ n RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -08. 3 4 5 6 li Introduced by: Manager Gifford Requested by: P&ZC Draftegby: CDD Staff Introduced: 10/16/2008 Public Hearing: 11/06/2008 Adopted: 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2009 -08 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 REZONING USS 4872 LARSEN BAY TOWNSITE, TRACT A, BLOCK 16, LOT 12 12 FROM R1- SINGLE FAMILY RESIDENTIAL TO B- BUSINESS ZONING DISTRICT 13 14 WHEREAS, the Kodiak Lodge is an established hunting and fishing lodge in the community; 15 and 16 WHEREAS, owners of this establishment seek to rezone the parcel of land in keeping with its 17 current use as a lodge and to be consistent with the new KIB comprehensive plan that identifies 18 this parcel for commercial use; and 19 WHEREAS, the Planning and Zoning Commission (P &ZC) conducted meetings and public 20 hearings in Larsen Bay on this and other parcels; and 21 WHEREAS, P &ZC recommends the Assembly find that a rezone of this parcel to B- Business 2 is in keeping with the nature of the existing lodge operation and that it is consistent with the 3 2008 Comprehensive Plan that identifies this lot for commercial purposes; 24 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 25 BOROUGH that 26 Section 1: This ordinance is not of general application and shall not be codified 27 28 Section 2: Larsen Bay Townsite, Tract A, Block 16, Lot 12 be rezoned from R1- Single 29 Family Residential to B- Business District subject to the following effective clause: 30 31 "Prior to the rezone becoming effective, the petitioners will obtain zoning 32 compliance for all structures and uses located on the developed lots located 33 within the approved rezone area. Should the zoning compliance requirement not 34 be met within 24 months of Assembly approval, this approval shall become null 35 and void." 36 37 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are 38 hereby confirmed as follows: 39 40 41 42 C 4 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The purpose of the rezone is intended to create commercial zoning districts to accommodate existing lodge uses and structures located along the western side of the Larsen Bay Subdivision near the small boat harbor. The petitioners have indicated that the rezone is needed as the only feasible way for them to move Kodiak Island Borough Ordinance No. FY2009 -08 Page 1 of 2 45 into zoning compliance status. Staff analysis that the nature and scale 46 of the current use appears to be more commercial at this point in time and that a 47 rezone to B- Business will create not likely result in additional commercial 48 development that would require additional resources from the city's limited 49 infrastructure system. With the recent update to the KIB Regional 50 Comprehensive Plan and it is now time to start making zoning decisions in order 51 to restore and maintain the balance between residential and commercial uses in 52 the Larsen Bay community. 53 54 Because the community leadership capacity has diminished in recent years due 55 to the turnover of leadership and administrative staff, the recommendations in 56 this case are limited to those lots where existing lodge use and structures are 57 established in order to maintain the status quo level of both commercial benefits 58 to the community and related community impacts associated with lodge uses. 59 The current RUBA report and associated utility rate study, in conjunction with the 60 most recent resolution adopted by the Larsen Bay City Council indicate a need 61 for change to occur in the community leadership and administration in order to 62 re- establish continuity of government operations and restore community 63 sustainability before more commercial development potential is considered for 64 the Larsen Bay Community. 65 66 17.72.020 B. Findings as to the Effect a Change or Amendment would have on 67 the Objectives of the Comprehensive Plan. 68 The recommendation to approve this request is one based upon conditions in the 69 community and the recommendations of the 2008 KIB Comprehensive Plan 70 Update. A recommendation for approval would further the goals and objectives 71 of the comprehensive plan for Larsen Bay. 72 73 74 75 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 76 KODIAK ISLAND BOROUGH 77 78 79 80 81 ATTEST: Jerome M. Selby, Borough Mayor 82 83 84 85 86 Nova M. Javier, CMC, Borough Clerk 87 Kodiak Island Borough Ordinance No. FY2009 -08 Page2of2 Attachments: • Public hearing form • Map • Ordinance No. FY2009 -08 A public hearing will be held on Thursday, November 6, 2008 at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on: Ordinance No. FY2009 -08 Rezoning USS 4872, Larsen Bay Townsite, Tract A, Block 16, Lot 12 From R1- Single Family Residential To B- Business Zoning District. If you do not wish to testify verbally, you may provide your comments in the attached public hearing form and fax it to (907) 486 -9391, Email to niavier a(�kodiakak.us or hand deliver to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on November 6, 2008. Comments favoring and opposing are encouraged. you have any questions, please call 486 -9310. Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 nj aviergkodiakak.us NOTICE OF PUBLIC HEARING ❑ This is in support of the rezone. ❑ This is in opposition of the rezone. ❑ Other comments. PUBLIC HEARING FORM Ordinance No. FY2009 -08 Rezoning USS 4872, Larsen Bay Townsite, Tract A, Block 16, Lot 12 From R1- Single Family Residential To B- Business Zoning District. Name: Residence Address: Mailing Address: Comments: Written comments may be submitted by email to niavierkodiakak.us, fax to 907 - 486 -9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, November 6, 2008. a N I x Lc) kD • OD 0 o0 < rn rn al l- rn oo rn o0 rn rn rn rn rn rn rn rn Q Q a a o a a 3 z z a a a O a O a<6 z o z O O O w z w Z w - O in 0 z w 0 Current Location P & Z Case # 08 -021 Maschmedt, Don J. Request: A rezone, in accordance with KIBC 17.72.030. C (Manner of Initiation), for Larsen Bay Townsite, Tract A. Block. 16 Lot 12, from R -] Single Fancily Residential to B - Business. Legend Subject Parcel, Tr A Bk 16 Lt 12 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 Informatlon: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 container In manual files which may be more up-to-date. Kodiat. island Borouph Community Develoomenv Department. Current Zoning Request: Rezone from R -1 SFR to B- Business Larsen Bay Rezone Requests Eighteen (18) total parcels Agent: Multilple 1 \ 1 67 - 6 , 4-- ,T2_ 5 6 Legend Subject Parcels, 18 Total Business Conservation Industrial Light Industrial Natural Use Public Use Single Family Residentia' Two Family Residential Multi Family Residential Retail Business Rural Residential Rural Residential 1 Rural Residential 2 Split -Lot Zone Feet 0 1,000 2,000 1 1 1 Map prepared for the purpose of showing the Zoning of the Kodak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour infomwtion:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plan 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 Develoomem Deoartmer, Photo(s) P & Z Case # 08 -021 Maschmedt, Don J. Request: A rezone, in accordance with KIBC 17.72.030 C (Manner of Initiation) for Larsen Bay Townsite Tract A Block 16 Lot 12, from R -1 Single Family Residential to B - Business, Legend Tr A Block 16 Lot 12 Parcels Map prepared for the purpose of showing the General location of the Kodiak Urban area. Jute, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept 2002 Contour Momration: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 parent computerized property records in the Assessing Dept. This data has not been reconciled with data container in manual files which may be more up- to-date. Kodiak Island Borough Community Devetoomer Deoaronent. MEMORANDUM DATE: September 10, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the Sept. 20, 2008 Regular Meeting CASE: 08 -021 APPLICANT: Don J. Maschmedt (DBA Larsen Bay Properties, LLC) REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A; Block 16, Lots 12, from R1- Single- family Residential >g B- Business LOCATION: 1304 First Street ZONING: R1- Single- family Residential Eight (8) public hearing notices were mailed on September 3, 2008. Date of site visit: May 9, 2008 1. Zoning History: All land in the City of Larsen Bay was zoned R1- Single - family Residential by KIB Ordinance No. 77 -19 -0. Since that time, four additional rezones were approved for Larsen Bay in KIB Ordinances No. 88 -19, No. 89 -16, No. 91 -28 and No. 93 -52. The result is that nine (9) city owned parcels are now zoned PL- Public Use Land, one (1) privately owned parcel is zoned B- Business and the Larsen Bay Airport is zoned LI -Light Industrial. 2. Lot Size: Tract A, Block 16, Lot 10 3. Existing Land Use: Lot 1, Block 1 4. Surrounding Land Use and Zoning: North: Larsen Bay Use: Vacant Zoning: NA South: Case 08 -021 /Staff Report Tank Farm Tract Use: Fuel Tank Farm Zoning: Rl- Single- family Residential Public Hearing Item VI -D 70,300 Sq. Ft. Lodge/Residential Page I of 25 September 20, 200/' East: Tract A, Blk 16, Lot 11 Use: Single- family Residential Zoning: R1-Single-family Residential West: Tract A, Blk 16, Lot 13 Use: Lodge Zoning: RI- Single - family Residential Public Hearing Item VI -D 5. Comprehensive Plan: The 2008 Kodiak Island Borough Comprehensive Plan Update designates this lot for Commercial use with Residential use designated on the adjoining lots in the same block. 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.02.020 Reference and Use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.02.030 Comprehensive Plan. For the purpose of this title, the Kodiak Island Borough Comprehensive Plan consists of the following documents: A. The Kodiak Island Borough Comprehensive Plan Update, 2007, prepared by Cogan- Owens- Cogan. (Adopted by Ordinance No. 2007 -10, effective December 6, 2007); 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The borough assembly upon its own motion; B. The planning commission upon its own motion; *C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development office, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. 17.72.055 Submission to assembly. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance Case 08 -021 /Staff Report Page 2 of 25 September 20, 2008 with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. COASTAL MANAGEMENT APPLICABLE POLICIES Commercial Development 1. Natural Features Dredge and fill, excavation, shoreline alteration and disturbance of anadromous streams, tideflats and wetlands shall be minimized when constructing and operating port, harbor, dock, business and energy facilities - if permitted under applicable regulations. Consistent: 2. Natural Setting, Views and Access Consistent: 3. Dredge and Excavation Material Case 05- 021 /Staff Report Public Hearing Item VI -D N /A. This action does not propose to construct a port, harbor, or dock. There will be no dredge or fill resulting in shoreline alteration or disturbance of anadromous streams. Development shall be conducted in a manner that mitigates adverse impacts upon the Kodiak Archipelago; developers shall provide opportunities for public access to the shoreline and scenic views, to the extent feasible and prudent. N /A. This action will result in not result in a reduction of public access to the shoreline nor adversely impact scenic views. Dredging and filling shall be consistent with ACMP Standards 6 AAC 80.040 (Coastal Development) and 6 AAC 80.110 (Mineral and Mining Processing). Dredge spoil may be utilized in shoreside landfills if permitted under applicable regulations for the purpose of creating usable waterfront land. Consistent: N /A. No dredging or filling is proposed. Page 3 of 25 September 20, 2008 4. Facility Design Developments in or over the water, such as piers, docks and protective structures shall be located, designed and maintained in a manner that prevents adverse impacts upon water quality, fish, wildlife and vegetative resources and minimizes interruption of water circulation patterns, coastal processes and navigation. Consistent: 5. Buffer Zones Consistent: 6. Accessory Development 7. Wetlands Case 08 -021 /Staff Report Public Hearing Item VI -D N /A. No development in or over the water is proposed. There should be no adverse impacts on water quality, fish, wildlife or vegetative resources. Buffer zones shall be established to the extent feasible and prudent, between business areas and major public transportation routes and between business development and adjacent, non - business properties in order to minimize conflicts between land uses. Yes. A number of lots in the rezone area are larger than typical residential lots in the Larsen Bay Townsite Subdivision and can therefore provide a greater degree of building setback or buffer area. Commercial zoned lots adjoining residential may be required to install a screening fence, subject to Commission review and approval. Accessory development that does not require a shoreline location in order to carry out its support functions shall be sited away from the shoreline whenever there is a feasible and prudent inland alternative. This category includes parking, warehousing, open -air storage, waste storage, treatment or storm runoff control facilities or utilities. Consistent: N /A. No accessory development is proposed along the shoreline. Filling and drainage of water bodies, floodways, backshores or natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: N /A. No filling or drainage of water bodies, backshores or natural wetlands is proposed as part of this action. Page 4 of 25 September 20. 2008 Residential Development 1. Location 3. Access Case 08 -021 /Staff Report Public Hearing Item VI -D In areas with poorly draining soils, development where feasible shall be connected to a sewer line. Where this is not feasible, on -site facilities shall be designed so as not to cause conditions that will pollute rivers, lakes, and other water bodies, including the ground water supply. Consistent: 2. Open Space Yes. Onsite well and septic systems are required to meet the standards of ADEC where municipal water and sewer are not available. Green areas and open space shall be retained to the maximum extent feasible and prudent when land is subdivided. Consistent: N /A. This request does not involve the subdivision of land. New subdivisions or other residential developments on the shoreline shall provide useable public access to and along the shoreline, extending the length of the development, to the extent feasible and prudent. Consistent: N /A. This request does not involve the subdivision of land. 4. Hazardous Lands Development shall not occur in hazardous areas such as avalanche runout zones, active floodplains, and high water channels to the extent feasible and prudent. Siting, design, and construction measures to minimize exposure to coastal erosion, mass wasting and historic tsunami run -up shall be required to the extent feasible and prudent. Consistent: Yes and No. There are several lots which are located within 30 feet of mean high water. According to the 1983 KIB Coastal Management Plan, lots located within 30 feet of MHW are vulnerable to Tsunami and severe storm surge. Lots within this elevation should probably not be developed with commercial or residential uses unless the structures can reasonably be "flood proofed" through the design of the buildings and the application of appropriate technology as part of the construction. Page 5 of 25 September 20. 200& Population 5. Wetlands Local Government Zonini Rem ulations Case 08- 021 /Staff Report Public Hearing Item VI -D Filling and draining of water bodies, floodways, backshores, and natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: N /A. This request does not involve filling or draining of waterbodies. COMPREHENSIVE PLAN REVIEW According to the January 2008 KIB Comprehensive Plan Update, the year - around population of Larsen Bay has been steadily declining for the past seven years or more. This decline in population was nearly 16% in the years from 2000 to 2005 based on state estimates. A visual representation of the negative population trend in Larsen Bay is shown on Figure 1. The City of Larsen Bay is a Second Class City incorporated under the applicable provisions of Alaska Statutes Title 29. As a general law municipality, it exercises much authority over the day -to -day activities in Larsen Bay. The city owns and operates the local landfill, water and sewer utilities, electrical utility, as well as providing for road maintenance and many other general government functions. The City of Larsen Bay is also a taxing authority which has imposed a $5.00 per lodge guest per day "bed tax" or transient accommodation tax on guests lodged in the community. A request for bed tax information from the City of Larsen Bay was not available in time to be included in this staff analysis. Should such information be received prior to public hearing it will be presented as an attachment to this report. The native community of Larsen Bay is served by the Larsen Bay Tribal Council. Native tribal or traditional councils act as a governing body to represent Alaskan Native residents in the Borough. These councils govern local affairs and provide a variety of social and other public services. The Kodiak Island Borough is a Second Class Borough which exercises zoning and platting authority within the Borough as well as within all cities located within the Borough. In accordance with Alaska Statutes Title 29, only a first class or home rule municipality may request a delegation of zoning and platting authority. The City of Kodiak is the only eligible municipality at present and it has not requested such a delegation. Page 6 of 25 September 20, 2008 Public Hearing Item VI -D In order for the Kodiak Island Borough to wield land use authority is must adopt and maintain a borough -wide comprehensive plan. The Borough recently adopted a borough -wide comprehensive plan update in December 2007. In addition, the 1984 Larsen Bay Comprehensive Plan is still a part of the Borough's adopted plan set. According to the newly updated plan, the new plan takes precedence over policies and recommendations that may be in conflict between the two plans. In other areas covered by the 1984 plan that are not covered in the borough -wide plan the 1984 still has relevance as a policy tool. Future land use maps prepared during the local comprehensive planning recently concluded were largely based upon previous land use plan maps associated with earlier (adopted) plans. This was done to provide a starting point at the beginning of the planning process. In each community residents were asked to identify general or specific changes to proposed future land uses. While the maps may show certain land use designations associated with only a single parcel or small group of parcel, the reviewer must keep in mind that the plan is a generalized policy document and that the maps alone do not create an entitlement to the proposed land use designation. The guidance in the plan is based largely on public input and not on the kind of investigative information that is usually provided in a zoning change review. Therefore, while the plan may have adopted a property owner's suggestion or some other publicly gathered input, the final decision to change a zoning designation must be generally consistent with the plan,. but it must also consider other cogent factors relevant to the physical context of the site and the impact the change in use will have on the surrounding community. Another consideration that must be taken into account is the timing of a zoning change. Comprehensive plans typically project future land use proposals for a 10, 15 or 20 year period. The Commission and Assembly are not obliged to implement such recommendations in the plan if the overall condition and context of the community are not ready for such changes. As indicated in KIBC 17.01.030 (Intent), the purpose of the KIB system of land use regulation is to: ❖ Provide for orderly development; ••• Lessen street congestion; Promote fire safety and public order; ❖ Protect the public health safety and general welfare; ❖ Prevent overcrowding; ❖ Stimulate systematic development of transportation, water, sewer, school, park, and other public facilities; and ❖ Encourage efficiency in the use of energy and the substitution of energy from renewable sources for energy from fossil fuels. In general, residents of smaller communities recommended allowing for a mix of residential and commercial or home employment uses in some portions of their communities, in combination with assurances that non - residential uses will not adversely impact nearby residential and institutional uses. This can be a very difficult proposition to address when remote communities are forced to develop in a very compact and "organic" nature due to the limits of extending infrastructure beyond the high to medium density core community. While many Comprehensive Plan meeting participants were 'satisfied with existing zoning regulations, some suggested that the Borough revisit the types of uses allowed in certain zones. Case 08-021/Staff Report Page 7 of 25 September 20. 2008 The most common complaint is that lodges and Bed and Breakfasts should be allowed more widely, including within the Rural Commercial zone. However, others expressed concerns about the appropriateness of allowing lodges to locate within existing neighborhoods, particularly if they have the potential to adversely affect surrounding residential uses due to noise or other conditions. Some comprehensive plan participants were also interested in adopting standards for building aesthetics and signage, especially for large commercial buildings. Most current zoning and land use issues in the villages are related to providing land use flexibility, reducing conflicts and eliminating non - conforming uses. The necessity of coordinating existing local Comprehensive Plans with the updated Comprehensive Plan before adoption was also cited as an issue. Goals, Policies & Implementation Actions (General) Goal: Regulate and manage land uses to balance the rights of private property owners with community values and objectives. Policies: Public Hearing Item VI -D • Maximize compatibility of adjacent land uses and minimize conflicts through zoning, buffering, design standards and other means. • Zone land to meet future housing, commercial, industrial and other land needs. Implementation Actions: • Identify an adequate supply of land in each community to meet future residential and other land development needs based on future population and employment growth projections, assumptions about the type and land requirements for projected uses and conditions or constraints that may affect development. Consider use of public or private Native -owned lands to help meet these needs. • Evaluate the need and recommend specific sites for commercial and industrial uses within and outside cities and unincorporated communities in the Borough to meet future economic needs. • Update the Borough's zoning code to allow a more flexible set of uses in smaller communities, while continuing to minimize conflicts among adjacent , potentially incompatible uses. Use size limitations, restrictions on noise or odor, buffering and other means to minimize conflicts. Goal: Develop a comprehensive management framework to encourage economic development while protecting coastal resources. Policies: Case 08-021/Staff Report • Encourage future industrial and commercial development to be sited and constructed to promote the most efficient utilization of waterfront areas and coastal resources. • Ensure that new development complies with municipal, state and federal land and water regulations. Page 8 of 25 September 20, 2008 Public Hearing Item VI -D Policies: ❖ Encourage innovative development designed to maximize the use of available land. Goal: Ensure that land use and development decisions consider subsistence resources and activities. + Partner with local communities, land owners, state and federal agencies, and Native groups to maintain and improve fish and wildlife habitats important for subsistence resources and activities. ❖ Support the use of, and access to, subsistence resources by subsistence users. Implementation Actions: ❖ Require development to avoid or minimize potential adverse impacts to subsistence resources and activities. Goals, Policies & Implementation Actions (Economy) Tourism: There is no formal measure of jobs provided in the tourism industry. These jobs are often included in other sectors of the economy, such as transportation. However, in 2005, there were 469 employees working in the leisure and hospitality sector (borough- wide), many of whom serve Borough visitors. The Borough tourism industry's most important asset is the large amount of easily accessible public land and water available for recreational use. A wide variety of year - around outdoor activities are available to tourists on the Kodiak Archipelago, including hiking, fishing, hunting, wildlife viewing, adventure activities, and camping. The Kodiak area offers many charter boats, fish camps, float trip guides and outfitters and wilderness lodges. Tourism services and facilities offer a broad range of accommodations (hotels, bed and breakfast and lodges). Outside of the City of Kodiak and its associated road system are six Native communities. Each community has unique cultural traditions, offering varying levels of tourism facilities and services. Communities with the most tourist facilities (lodging, charter fishing, guides and outfitters) are Old Harbor, Larsen Bay and Ouzinkie. The vast majority of Kodiak Island visitors take part in recreational and tour activities outside the populated areas. The greatest tourism development challenges for the Borough are in the areas of infrastructure and attraction development in smaller communities, accessibility problems due to weather, and marketing. Kodiak is more difficult to reach than other visitor destinations within the state because it is a non -road connected island. Many tourists perceive Kodiak as difficult to access because of poor weather conditions. In fact, 95 percent of scheduled commercial flight operations are completed annually. However, the lack of runway lights, navigation aids and poorly configured runways does create difficulties accessing the outlying communities in bad weather. Case 08 -021 /Staff Report Page 9 of 25 September 20, 200E Policies: Case 08 -021 /Staff Report Public Hearing Item VI -D Many challenges still exist in many of the smaller communities within the Borough. While these communities have a great many assets to draw upon in attracting visitors, most have yet to develop their potential or to build the basic infrastructure necessary to accommodate visitor needs. Issues: Support for Tourism. Comprehensive Plan meeting participants suggested infrastructure improvements and other actions to support the tourism industry. Residents of many of the smaller communities also have identified dock improvements that would allow passenger ferry service, as important for supporting tourism and other local needs. Nearly 80% of participants in a Borough -wide telephone survey identified them as important or very important. Participants in some meetings expressed a concern that allowing for too much tourism could adversely affect rural communities and/or create conflicts between visitors and residents. However just over 40% of participants in the Borough -wide phone survey believe the benefits outweigh the costs and another 30% think the costs and benefits are about the same. A balanced approach to tourism marketing that will help balance the economic decline in commercial fishing and other industries, while minimizing adverse impacts on local communities is recommended by some. Sport fishing, Guiding and Subsistence Fishing and Hunting: Community members noted the importance of ensuring that elected representatives understand the importance of sport and subsistence fishing, in addition to commercial fishing. Some studies indicate that the sport fish catch is more valuable to the local economy per pound than commercial fishing. There is a need for local registration areas to protect local hunters and guiding outfits. Economic Diversification. Comprehensive Plan meeting participants noted that, while it is important to support fishing and tourism, action should be taken to diversify the Borough's economy and support other economic sectors that are less cyclical and/or seasonal. Over 70% of telephone survey participants say this is important or very important. Some potential examples include: improving economic opportunities in outlying villages, particularly for young people; potential changes in tourism, including opportunities for increases in small cruise ship visits; recreational tourism, including large yacht traffic; and the potential for increase meeting and conference activity. Goal: Enhance the Visitor Industry's role as a significant component of the Kodiak Region's Economy. ❖ Help monitor tourism development efforts to minimize adverse impacts on local communities. Goal: Diversify the overall economy of Kodiak Region. Policies: ❖ Assist in the economic development of the outlying communities of Kodiak Island in cooperation with city governments, Tribal Council, Page 10 of 25 September 20, 2008 Implementation Actions: ❖ Assist local government entities with their efforts to secure funding for capital improvement projects. Goals, Policies & Implementation Actions (Housing) According to the January 2008 KIB Comprehensive Plan Update, there are 68 total single - family detached housing units in Larsen Bay. This figure may not reflect the use of some housing units as seasonal lodges and Bed & Breakfasts however. According to Census data, about 43% of all housing units in Larsen Bay were built during the 1980 to 1989 time frame. Only 3% of the total housing stock has been constructed since 1990 which indicates that 54% of all Larsen Bay housing was constructed in 1979 or prior years. Kodiak Island Housing Authority developed 28 housing units in Larsen Bay originally. These units were intended to allow the property owners to accrue equity in the properties on a "lease to own" basis, eventually culminating in a full conveyance of ownership. According to the Plan update, 10 units have been conveyed into private ownership since this program was begun with 18 housing units still in KIHA ownership. There is no housing affordability data or future needs information in the plan that specifically references the Larsen Bay. Based on the declining population of the community that was mentioned previously it is hard to imagine that the cost of housing in going up on the basis of unsatisfied demand for housing. In addition, the cost of heating fuel and other utility services in Larsen Bay is likely to be burdensome to a typical householder such that it would likely serve as a significant off-set to any savings obtainable in the housing market through reduced demand. This condition may be making the acquisition of residential property and structures to be used for seasonal income purposes, i.e. lodges, vacation rentals, bed & breakfasts, etc., may eventually make it harder to reverse the current trend of dwindling residential population. This may also be contributing to the current difficulties in maintaining a stable community leadership structure as the members of the community depart Larsen Bay or become seasonal -only residents, thereby not qualifying for city leadership positions. There is a recognized need for new or improved teacher housing which was a universal concern in all of the outlying communities as a means to improve the quality of life and thereby encourage teachers to stay in the communities longer. Along the same lines is a growing need in all communities to provide improved hosing forms and services for elders so that they may be able to stay in their home communities throughout their later years without having to move to a larger community to obtain the age specific services they may need. Case 08- 021 /Staff Report Public Hearing Item V1 -D Koniag, KANA and others, and consistent with local community goals identified in this plan and other planning efforts. •3 Encourage and facilitate small business development on Kodiak Island. Page 11 of 25 September 2G, 2008 There is no vacancy rate housing data specifically called out in the plan for Larsen Bay. Staff believes a reasonable inference to the data that is available however may point to the possibility of vacant residential units and vacant residential properties becoming a relatively cheap and affordable target for conversion to seasonal lodge or hospitality trade use. Given the somewhat random manner in which these properties may be acquired for these purposes, the only way to ensure some balance of land uses in the community is through judicious plan implementation, systematic zoning, and disciplined code enforcement. Once residential properties are designated for non - residential purposes (and lodging (except for bed & breakfast) is generally a considered a business /service, not a residential use), it will be much harder to reverse course should the population trend in the community have an opportunity to reverse course at some point in the future. Staff believes that unless there is a determined mind set to reserve a certain amount of land for housing within the existing Townsite, a determined trend of residential to commercial zoning conversion in Larsen Bay could at some point become an impediment to such a population trend reversal. Goal: Help ensure that an adequate supply of land for housing and a sufficient stock of housing, including affordable housing, are available for Borough residents. Policies: In partnership with local communities, Tribal councils, Native Corporations, the Kodiak Island Housing Authority and others, help ensure that there is an adequate supply of developable residential land to meet long -term housing needs throughout the Borough, including housing for seniors. Support efforts to improve and/or identify adequate teacher housing facilities in outlying villages and cities. ❖ Work with local communities and residents to support development of alternative, less- costly fuel or energy sources. Implementation Actions: :• Explore ways to address or mitigate the high cost of heating oil for Borough residents, particularly for households with limited incomes. :• Continue to work closely with the Kodiak Island Housing Authority to support programs to provide housing to individuals and households with limited incomes. Identify possible locations and funding sources to construct senior housing facilities in the City of Kodiak and outlying communities. Goals, Policies & Implementation Actions (Transportation) Case 08 -021 /Staff Report Public Hearing Item VI -D Larsen Bay is served by at least two regularly scheduled flight services and a number of charter flight service operators. The Larsen Bay airport is maintained and operated by the State of Alaska, Department of Transportation and Public Facilities. The length of runway is approximately 2,700 feet and the airport is one of the few outlying runways to have runway lighting installed. Page 12 of 25 September 20, 2008 Policies: Case 08- 021 /Staff Report Public Hearing Item VI -D The airport runway is unpaved and is limited to serving relatively small and slower moving aircraft. The community has expressed a desire to lengthen the runway to serve larger aircraft that could flight directly between Larsen Bay and Anchorage rather than having to go through Kodiak as the regional hub. At present it does appear that ADOT/PF is moving towards longer runways for outlying community airports, but it is unknown whether the current runway length standard would satisfy the community's perceived need or whether the airport is situated in a location suitable for such improvements. The fact that Larsen Bay has regularly scheduled air transportation services, coupled with its local infrastructure is probably why the community has become a popular destination for recreationists and lodge clients. In addition, the present quality and abundance of fish and game are also factors that make Larsen Bay a desirable tourist destination. Ground transportation in Larsen Bay is by POV and ATV. Given that the roads in Larsen Bay are unpaved, it would be advisable to restrict commercial lodge traffic to the main thoroughfares to the greatest extent possible. Access drives directly onto an arterial or collector class street should be encouraged if not outright required in the context of commercial vehicle traffic in close proximity to residential land and uses. Goal: Improve air transportation between the City of Kodiak, KIB villages and the rest of Alaska. ❖ Support local communities in identifying future land and facility requirements for landing strips and airport expansion and identify appropriate sites. + Repair and expand old runways to accommodate new aircraft and to enhance economic opportunities. ❖ Support regular air passenger and freight service to all communities within the Borough. The City of Larsen Bay also operates a small boat harbor that was constructed by the State of Alaska Department of Transportation and Public Facilities. This is another desirable feature of the community that helps to encourage and support local charter and transporter activities in addition to local subsistence and commercial fishing. At the time of this writing staff does not have a count of the total number of slips available in the harbor and how many are committed to long term use agreements. Issues: Marine Freight Service. Residents expressed the need for marine freight service, which was recently discontinued by the primary carrier for most rural communities. Goal: Improve facilities for water transport of passengers and freight. Page 13 of 25 September 20, 200£. Policies: Public Hearing Item VI -D ❖ Explore the feasibility of regular ferry service to communities off the road system to reduce the cost of freight and passenger transport, support economic development goals and provide a wider range of transportation options for residents and visitors to those communities. Implementation Actions: :• Promote an ADOT &PF feasibility study for an Alaska Marine Highway System regional ferry system based in Kodiak to improve passenger and freight haul costs and reliability. ❖ Construct and/or improve docks, harbors and boat launch facilities in communities throughout the Borough. Identify land and facility needs for such facilities. Other Issues: Maintenance: Maintenance of the existing transportation system should be prioritized. In addition, local, regional, and state jurisdictions should work collaboratively to document and monitor maintenance needs, funding, and expenditures. Improved Coordination. Better communication and coordination among ADOT &PF, KIB, and cities is needed to efficiently plan for future transportation systems, including in rural areas and other communities where additional growth may be expected. Resolution of planning and construction schedules and cycles among different agencies also is important. Land Use and Transportation Coordination. Development, land use and transportation are inextricably linked and need to be coordinated to ensure facilities are adequate to serve current and future residents and that new growth does not overwhelm individual facilities or intersections. Development and maintenance of transportation facilities also should support demand for recreational use and facilities, including parks, open space and trails. Goals. Policies & Implementation Actions (Public Services and Facilities) The City of Larsen Bay operates and maintains nearly all infrastructures serving the city residents. Two notable exceptions are the airport and the telephone system. The city operates and maintains a water and sewer system. The sewer system only serves the east half of the community however, lots in the west half are served by on -site septic systems. The sewage is only provided treatment through a septic tank system before the effluent is conveyed to an off- shore mixing zone through an outlet pipe. One public hearing notice and several phone calls have expressed concerns with the adequacy of the sewer system and in one instance partial system failure was being alleged. The property owner indicated that raw sewage perceptible by its odor was being observed at certain locations in the eastern portion of the community. This will bear further investigation when staff and the commission are in Larsen Bay, although the actual responsibility for regulating such wastewater systems rests solely with the Alaska Department of Environmental Conservation (ADEC). For those lodges utilizing on -site septic systems, an effective clause would likely be appropriate Case 08- 021 /Staff Report Page 14 of 25 September 20, 200g Public Hearing Item VI -D similar to what was required for the Chiniak Winery rezone to ensure that onsite systems meet applicable ADEC standards before allowing any zoning change to become effective. Goal: Provide reliable water supplies and sewage treatment systems. Policies: ❖ Work with local communities to support upgrades to water supply systems to reduce water loss and provide for adequate distribution. ❖ Work with local communities to improve public and private sewage disposal systems to prevent the contamination of private wells and the pollution of wildlife habitat and other natural resources. ❖ Encourage development of public water and sewer facilities Borough - wide. ❖ Support local community efforts to maintain, improve and expand sewer and water facilities, as needed. Implementation Actions: ❖ Work with local communities to support upgrades to water supply systems reduce water loss and provide for adequate distribution. ❖ Work with local communities to improve public and private sewage disposal systems to prevent the contamination of private wells and the pollution of wildlife habitat and other natural resources. ❖ Encourage the development of public water and sewer facilities Borough - wide. ❖ Support local community efforts to maintain, improve and expand sewer and water facilities as needed. The city owns and operates the local landfill. In recent years the city has obtained grants to fence and improve the landfill in order to make it less attractive to bears and more compliant with ADEC and EPA regulations. Lodge uses while often seasonal have the potential to transport .large amounts of food and consumer goods in support of staff and clients which can increase the amount of trash that is subsequently disposed of in the landfill. Staff has requested information on the operation of the landfill and the usage rates charged for this service; however the information has not been received as of this writing. It is not clear to staff exactly how fish waste and offal from lodge related fishing and hunting activities are being dealt with in order to minimize negative bear interactions and to ensure that public health and sanitation is protected. Goal: Maintain and improve solid waste disposal services and facilities. Policies: Case 08-021/Staff Report ❖ Maintain and upgrade the solid waste and landfill facilities within the KIB, in collaboration with local communities. ❖ Coordinate with state, federal and local agencies to identify, fund and implement optional disposal procedures for marine wastes. ❖ Explore and promote additional economically sustainable opportunities for recycling and waste reduction. Page 15 of 25 September 20, 2008 Public Hearing Item VI -D ❖ Support efforts or programs to remove metal waste and other large or hazardous waste products from local communities, particularly those off the road system. ❖ Support local community efforts to address scavenging bears at solid waste landfills. The city owns and operates the local electrical power system, which includes a combination of hydro - electric and diesel generators, along with all the distribution lines and transformers. The distribution system is largely located underground with occasional transformer pedestals strategically located to facilitate power distribution and maintenance. One downside to the hydro - electric power system is that the penstock for the system is the same reservoir that provides drinking water to the community. Given that the community does not have a suitable backup water supply, the water level in the reservoir requires constant monitoring to ensure that domestic water supplies are not sacrificed for the sake of electrical power. The city can switch to diesel fired generator sets in this event, however the result in a significant increase in the electrical production costs to the entire community. It is staff understanding that there are no electrical meters in Larsen Bay and that the utility rate is based on a flat rate system. While it is not appropriate to get too deeply into the city's business regarding utility rates and operating costs, the capacity of the city to reasonably provide electricity and other municipal services should be a principal focus of this investigation. The city has in fact provided a city council resolution indicating the infrastructure of the city to currently be at capacity such that additional lodging or other facilities cannot be supported. Although the city could conceivably raise service rates to compensate by raising additional revenues, it has to balance this prospect against the potential of pricing out other residential and governmental service providers. Goals, Policies & Implementation Actions (Education) The Kodiak Island Borough owns the Larsen Bay community school building and it is responsible for major maintenance of the building. The Kodiak Island Borough School District (KIBSD) is responsible for providing the school curriculum and day -to -day building maintenance. It does not appear that the rezone of land to support lodges will at this point have a significant impact on the school however should the number of students enrolled fall below 10 students due to the overall population decline of the community, the school will be closed according to KIBSD policy. Goals, Policies & Implementation Actions (Public Safety, Fire Protection, and Emergency Services) Larsen Bay has one full -time VPSO to provide public safety services to the community. The community also has a volunteer fire department with one fire truck and a smaller "fire trailer ". Both pieces of equipment are available for fire response within the community. The community also has a 20 foot shipping container with oil spill cleanup supplies in order to generate an initial response in the event of a reportable petroleum spill. The city has a tsunami shelter located above the Townsite in case of a major tsunami event. Staff does not know whether the facility is sized to accommodate large numbers of tourists in Case 08 -021 /Staff Report Page 16 of 25 September 20. 2008 addition to the full -time residents of the community. Given that many of the proposed lodge zoning areas area located along the shoreline areas some thought may need to be given to this possibility. The community has a small medical clinic which is operated by the Kodiak Area Native Association. Not much more is known about the number and qualifications of staff working at the facility or what the general hours of operation might be. Goal: Support the state, cities and local service districts in continuing to provide adequate law enforcement, fire protection and other emergency services. Policies: Implementation Actions: ❖ Coordinate with and provide technical support to local communities in addressing their fire protection and emergency response needs. Goal: Work with private, Native and other organizations to support provision of cost effective health care services for all Borough residents. Policies: Goal: Support development of housing and associated services for seniors to meet current and future needs. Policies: Case 08 -021 /Staff Report Public Hearing Item VI -D ❖ Endorse efforts of local communities to retain village public safety officers (VPSO's). ❖ Support existing local fire protection districts and volunteer organizations; promote formation of new districts or groups within local communities where resources are available. ❖ Support efforts by KANA and others to address health care issues in outlying communities. ❖ The City of Larsen Bay supports a local Senior Center which is located within the principal city office building. The operation of the center is a collaborative effort between the Senior Citizens of Kodiak, Inc. and the Kodiak Area Native Association which provides congregate meals to senior citizens 60 years of age and older. Not much more is known about the staffing and operations of the facility the time of this writing. ❖ Continue to support efforts of the SCOK to develop senior housing and services, including options that allow for seniors to live independently in their own communities as long as possible, as well as assisted living or senior care facilities. ❖ Continue to support efforts of KANA and the Kodiak Island Hospital to provide health care and related services for seniors throughout the Borough. Page 17 of 25 September 20, 2008 Implementation Actions: + Explore specific tools to encourage development or improvements to senior housing, such as tax breaks, flexible development regulations, and technical assistance for grant writing. Goal: Help provide energy in a cost effective, energy - efficient manner, in part to address the effects of high costs of fuel. Policy: Policy: •S Promote alternative uses of energy and conservation. Goals, Policies & Implementation Actions (Parks & Recreation) Public Hearing Item VI -D Implementation Actions: ❖ Develop a borough energy plan in coordination with statewide planning programs. + Explore opportunities for new hydroelectric, tidal, or wind power facilities in local communities throughout the Borough; utilize case studies and best practices from similar projects in other communities. d• Explore the feasibility of providing subsidies to low income households to assist in paying for the cost of heating and/or electricity bills. Probably the biggest reason for Larsen Bay to be a tourist and recreation destination is its location abutting the Kodiak National Wildlife Refuge. That, and its proximity to marine waters which provide access to many productive fishing and hunting areas makes Larsen Bay an ideal location for lodging operations. The City of Larsen Bay provides a great deal of infrastructure support that would ordinarily be unavailable or very costly to provide in a remote lodge setting, such as the state sponsored airport, small boat harbor and community electrical system. In addition the location of the community serves as an intermodal transportation node where travelers may transition from one form of transportation to another if they are heading for a recreational area or activity outside of the Larsen Bay Townsite. In addition to the marine waters, hunters, fishers and recreationists may also travel overland by ATV to Karluk Lake and the Karluk River drainage. Staff understands that access to this area may be subject to KNWR permit limitations through a joint agreement of the Refuge and the Koniag Native Corporation which controls much of the land involved. Goal: Maintain and/or improve access to public recreational lands, including via Native Corporation or other private lands, where possible. Case 08- 021 /Staff Report + Support acquisition of easements, land or other methods for accessing recreational lands and resources. Page 18 of 25 September 20, 2008 Implementation Actions: • Establish criteria and a process that can be used to identify and prioritize specific areas where access is needed and desired by community residents and visitors. ❖ Investigate and assess the feasibility of specific tools for establishing or requiring access; determine which tools are most appropriate for specific conditions or situations. Goal: Ensure the long -term viability of and maintain a high level of quality of the recreation experience in Kodiak for both residents and visitors. Policies: Goal: Ensure that commercial recreation and tourism and private recreation activities minimize adverse impacts on the environment and other private landholders. Policies: Implementation Actions: • • Evaluate the impact of commercial recreation and tourism development on sensitive fish and wildlife populations and their habitat, cultural resources and water quality. Chapter 10 - Environmental Quality As previously mentioned, the City of Larsen Bay provides the community with a supply of potable treated water. The water shed for the city reservoir is located south of the Townsite and extends substantially into the KNWR. While unlikely to affect the water supply, potential sources of water pollution to the surrounding marine waters include: 1) community sewage outfalls; 2) failing on -site septic systems located close to tidewater; 3) fish processing and waste disposal; and 4) non -point pollution sources. Case 08-02I/Staff Report Public Hearing Item VI -D ❖ Support the development of recreational facilities in village communities and other designated areas within the KIB; encourage communities to develop and update local recreation plans. 4• Work with public land managers and private landowners to develop and implement policies and regulations for the intensity and density of permanent recreational facilities and temporary recreational activities. + Assess cumulative impacts and identify carrying capacity considerations associated with commercial recreation and tourism development in the KIB. ❖ Consider implementation of requirements for remote recreation activity such as concentrating the development in specific nodes or permitting clusters of commercial recreation and tourism development in selected locations. 4. Consider the costs of commercial recreation and tourism on adjacent landowners. Page 19 of 25 September 20, 2008 Public Hearing Item VI -D Of particular concern in this regard is the adequacy of the existing community wastewater system and the adequacy of on -site septic systems located in the west half of the Townsite. Although ADEC and other federal agencies don't have a presence in remote areas of the state, they do still have regulations that must be met by the operators of community sewer systems or on -site wastewater systems that is used for commercial purposes. There are also state and federal regulations pertaining to air quality, but this seems to be a lower priority issue in the outlying communities. The KNWR and private land owners such as the Koniag Native Corporation are in the best position to regulate the habitat values on the land under their control. Indeed they would be the responsible parties for any activities taking place that might violate existing environmental regulations assuming that more culpable parties cannot be identified. The more activity in an area that relies upon motorized transportation the more chance for oil or fuel spillage to occur. In addition, these activities will produce over time waste products such as waste oil and antifreeze contaminated water as a by- product of vehicle use. Certainly this is already a reality for year around residents but the advent of many lodges may cause a spike in such waste products due to the relatively short and intense tourism season. It is unknown as of this writing just exactly how these wastes are currently being disposed of. In addition to the fish and wildlife resources that are the main attraction for tourists and recreationists, there are many other desirable attributes of the area which may attract visitors such as scenic resources and historic resources. These resources are usually considered a side benefit to other recreationist activities, however in each case recreational use and the development that supports it may inadvertently have an impact on these resources if the siting and development of support facilities, such as lodges, are allowed in an unregulated fashion. Because much of the uplands are owned by the KNWR and private Native Corporations, these land owners are more likely to exert control over scenic and historic resources. In some regards it makes sense to have lodges concentrated in a Townsite area such as Larsen Bay rather than having them dotting every viable location along the shoreline. So long as the community can provide adequate infrastructure support at an affordable cost and the lodge uses contribute to the community in other economic ways to provide an off -set for seasonal impacts. A number of potential impacts are mentioned in the comprehensive plan, 1) wasted and contamination disposal practices that might impact watersheds and drinking water quality. Chapter 11— Please see excerpt attached to Case 03 -011 and placed in file for this case. GENERAL COMMENTS The petitioner has requested a rezone of Larsen Bay Townsite Subdivision, Tract A, Block 16, Lot 12, to be rezoned from R1- Single- family Residential to B- Business. The property owner indicates that a combination residential and lodge use is established on the lot. The property appears to be developed with substantial commercial lodge structures. Case 08 -021 /Staff Report Page 20 of 25 September 20, 2008 Public Hearing Item VI -D The B- Business zone was determined to be the only commercial zone that would permit the uses requested by the petitioner's and not result in nonconformity of the lots due to inadequate lot size. The Rural Neighborhood Development zone requires a two (2) acre minimum lot area. Because this area is served by municipal water and (onsite or community) sewer the B- Business zone can be applied, although this zone permits a very broad range of commercial and service related uses in addition to the uses currently located on the site. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The 2008 KIB Regional Comprehensive Plan Update designates Lot 12 as Commercial. A change of zoning to B- Business appears to be consistent with this designation. The fact that only three lots in this area were designated for commercial use, and not others in the area which are designated Residential, raises some question about the methodology that went into creating the plan map. It is not uncommon for plan maps to be based primarily on public input, reflecting the wishes of individual property owners involved in the planning process. For this reason it is always best to adopt a generalized approach that will reconcile the plan map with other goals and objectives stated in the plan and to reconcile the existing community development context in each case. ZONING/USE: The lots in this area are currently zoned R1- Single - family Residential. The proposed rezone would make Lot 12 zoned to B- Business, which is the primary commercial district applied in the City of Kodiak and in Womens Bay. The B- Business zone permits a wide range of commercial uses and services. The Commission should look at closely at the permitted uses to see whether there are any potential uses allowed which might create a conflict for the surrounding area, which is predominantly zoned R1-Single-family Residential. Although the B- Business zone has been applied in Womens Bay, it is mostly a zone that is applied in areas served by a municipal or community water and sewer system: The zone has no minimum lot size or lot width so that off -street parking and building height restrictions are often the limiting factors to development in the B- Business zone. Lot 12 is served by a municipal water system but relies on an on -site wastewater system subject to ADEC regulation for commercial uses and structures. The B- Business zone permits single - family residential use when it is located in a structure containing a permitted commercial use, subject to certain limitations on the basis of floor area and residential area in relation to street frontage. It is possible that the rezone, if approved, could create a nonconforming use or structure on one or more of the lots. Additional information would be required about the existing structures and their floor plans in order to say for certain what the outcome would mean. This kind of review will occur only if a recommendation for zoning change is approved with an effective clause that would trigger the zoning change upon successful application for zoning compliance review. Case 08- 021 /Staff Report Page 21 of 25 September 20, 200E Public Hearing Item VI -D Staff notes that there are reduced off - street parking requirements in the villages for both residential and commercial uses. As discussed in prior cases for after-the-fact rezones some thought should be given to the potential for effective clauses to be attached to the zoning recommendation that would require the property owners to obtain after-the-fact permits and inspections that would normally be required in the development process. This could include, but is not limited to, zoning permits and building inspections, fire marshal plan reviews, ADEC review of on -site wastewater systems, etc. LAND SUITABILITY: The land appears to be suitable as the lodge use and structures have been established at this location for a number of years. The lots are served by water and an on -site septic system, electrical and telephone utilities. The lot is larger approximately 1.6 acres in size and has adequate lot width to allow a full range of development allowed in the B- Business zone. RECENT DEVELOPMENT TRENDS IN THE AREA: The residents of Larsen Bay have been requesting an update to the community comprehensive plan for many years. As a result of the time to accomplish this task these cases have been postponed for five years or more. During that time, the lodge uses in the community have continued to develop and evolve without the benefit of any discernable development permitting. Staff is aware that there may be a number of other commercial lodge operators or bed & breakfast operations doing business in the Larsen Bay community that are also out of compliance with the R1- Single - family Residential zoning but for which no rezone application has been received at this time. A likely consequence of this case and other pending rezones is that the community awareness will be raised regarding the applicability of zoning and planning in the community (as administered solely by the Kodiak Island Borough. Future complaints for non compliance with zoning may result in zoning enforcement action in order to increase zoning compliance in the community. Staff has limited its review in this case to that area requested for rezone by the petitioners. Future rezone requests in Larsen Bay will likely reviewed on a similar case -by -case basis. As previously mentioned, the B- Business zone does not lend itself to the mixed use zoning approach because of the wide range of uses that are permitted in that zone. It is expected that the B- Business zone will require the same degree of segregation from residential uses and structures as it currently does in the City of Kodiak and along the Kodiak road system. One of the more significant issues to be addressed in this case is the indication from the Larsen Bay City Council (Reso. No. 08 -05) that city infrastructure may be inadequate to support additional commercial lodging operations. Staff has taken note that during recent years there has been a great deal of turnover in the office of mayor and city office staff. In addition to the Case 08 -021 /Staff Report Page 22 of 25 September 20, 2008 physical limitations of the infrastructure, city staff turnover may have affected the city's continuity of operations and its ability to consistently administer the utility systems upon which the city relies. In order to research this issue further staff obtained a RUBA Assessment Report from the State of Alaska along with a Utility Rate Study for the Larsen Bay Community. Based on the information contained therein, it appears that the community is not rated as "sustainable" under current state economic and financial guidelines. Currently the city is working to address the deficiencies noted in the RUBA Assessment Report, however it will take considerable time in order to correct the issues noted and obtain a "sustainable" rating. While this report does not get too deeply into the details of the city's financials, staff believes that the state staff assigned to investigate the Larsen Bay community have provided a diligent and thorough assessment which appears to be consistent with the more general concerns indicated by the Larsen Bay City Council. TRAFFIC IMPACTS: Public Hearing Item VI -D Staff has not fielded any written complaints about vehicle traffic related to the residential or lodge uses located in the proposed rezone area. As previously noted under the Zoning/Use section above, there are reduced parking requirements in the villages because the number and availability of vehicles in the villages is somewhat limited. There are no current traffic counts available for the community. Without getting into a complicated discussion of traffic impacts, staff recommends that the traffic level be maintained at the current level by limiting the number of commercially zoned lots that might increase the potential for additional traffic generation. It should be noted that lodges or commercial uses in this general area close to the small boat harbor do not generate a great deal of traffic through the residential areas more central to the community. RECOMMENDATION Staff recommends that a rezone of Lot 12 from R1- Single- family Residential to B- Business be forwarded to the borough Assembly with a recommendation for approval. The site appears to be largely commercial in nature and it be unlikely to increase the potential use of community infrastructure to rezone this site to B- Business. APPROPRIATE MOTION Should the Commission agree with the staff recommendations, the appropriate motions are: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 16, Lots 12; from R1-Single-family Residential to B- Business; and to adopt the "Findings of Fact" in the staff report dated September 10, 2008 in support of this recommendation. Case 08-021/Staff Report Page 23 of 25 September 20, 2002 FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. Public Hearing Item VI -D Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: The purpose of the rezone request is intended to create commercial zoning districts to accommodate existing lodge uses and structures located near the western of the Larsen Bay Subdivision, near the small boat harbor. The petitioners have indicated that the rezone is needed as the only feasible way for them to move into zoning compliance status. Staff analysis indicates that the nature and scale of the current use appears to be more commercial at this point in time and that a rezone to B- Business will create not likely result in additional commercial development that would require additional resources from the city's limited infrastructure system. With the recent update to the KIB Regional Comprehensive Plan and it is now time to start making zoning decisions in order to restore and maintain the balance between residential and commercial uses in the Larsen Bay community. Because the community leadership capacity has diminished in recent years due to the turnover of leadership and administrative staff, the recommendations in this case are limited to those lots where existing lodge use and structures are established in order to maintain the status quo level of both commercial benefits to the community and related community impacts associated with lodge uses. The current RUBA Assessment Report and associated utility rate study, in conjunction with the most recent resolution adopted by the Larsen Bay City Council indicate a need for change to occur in the community leadership and administration in order to re- establish continuity of government operations and restore community sustainability before more commercial development potential is considered for the Larsen Bay Community. Case 08-021 /Staff Report Page 24 of 25 September 20, 2008 Public Hearing Item VI -D 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The recommendation to approve this request is one based upon conditions in the community and the recommendations of the 2008 MB Comprehensive Plan Update. A recommendation for approval would further the goals and objectives of the comprehensive plan for Larsen Bay. Case 08 -021 /Staff Report Page 25 of 25 September 20, 2008 PO BOX 8 • LARSEN BAY, ALASKA • 99624 PHONE: 907- 847 -2211 • FAX: 907- 847 -2239 E-MAIL: CITYUFLARSENBAY@AO1..COM ATTEST: ! (Secretary Treasure) CITY OF LARSEN BAY RESOLUTION NO. 08 - 05 A RESOLUTION REQUESTING THE KODIAK ISLAND BOROUGH PLANING, ZONING AND ASSEMBLY TO POST PONE ACTION ON CASES REGARDING LARSEN BAY, CASES 03 -011, 03 -012, 03 -016, 03 -018. WHEREAS, the community unity of Larsen Bay needs to have the Planning and Zoning Plat updated; and, WHEREAS, the Lodges are being constructed without regard to the City of Larsen Bay's input or permission; and, WHEREAS, the residential homes have been converted from residential to commercial enterprises; and, WHEREAS, the Lodges are adjacent to residential homes and the Larsen Bay School causing concern amongst the year around residential community members; and, WHEREAS, any addition building within the community will greatly overtax facilities that service the resident. NOW THEREFORE BE IT RESOLVED THAT: The City of Larsen Bay Council request the Kodiak Island Borough and the Planning and Zoning commission post pone the rezoning in Larsen Bay until these issues are solved and that the borough Planning and Zoning commission meet the Larsen Bay at their earliest convenience and halt all future building within the community of Larsen Bay. BE IT FURTHER RESOLVED THAT; the Larsen Bay City Council develop an ordinance for building codes and permits. - PASSED AND APPROVED by a duly constituted quorum of the City of Larsen Bay This /9 day of %e�, Ii v 1 &oO$ . J SIGNED: ft", (Mayor) KODIAK ISLAND BOROUVI-I - LAumttltut.r� ILO I., r ........ - -- 710 Mill By Rd.. Room 205, KODIAK, AK 99616 -6398 (907) 486-9363 - FAX (907) 4B6 -9396 www.kib.co.kodlek.ak.us roperty owner's name t +sk >tP Property owner's mailing address I,,,15 • Q ' D 7 City Home phone Work Phone ./ E -mail Addr. to hthl MtLSG�1Me� -� •t�f t Agent's name (If applicable) / Agent's making address City Horne phone Application received by: E0 39Vd Applicant Information 7tiS State ne• µr��rsr - ' Zip State • ZIP Work Phone E Addr. Applicant Certification I hereby certify as the property owner/authorded agent that this application for Planning and Zoning Comrnisaion review is true and complete to the best of my knowledge and that f< is submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plan tor variance and conditional use requests and which may include optional supporting documentation es Indicated below. 1Iddidonal Narradve/Htstnry Ai-built Survey Photographs S- l V lo Y roperty Owner's Signature = ' Authorized Agent's Signature Date ' A development peen for one or more tats on which is shown the existing and proposed conditions of the lot, inducing topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways: means of ingress and egress; circulation; utility services: structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other infort ation that reasonably may be required in order that en informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions. 10993 by Rutgers University) STAFF USE ONLY Code Section(s) involved: f . , �1 «' 2( _ Variance (KIBC 17.66,020) $2$Qt9gi Conditional Use Permit (KIBC 11/€17 Other (appearance req , a. site Zoning change from A to �� 1 irl vitl. bfNi f ir S3 LV IDOSSK L I3V+I DSb I Property Information R.535n16201 .a Property ID Number/6 -- -1Q, 'SOO s42 4 t 1 f f' A• 8K 1 t P Lz" ! - Legal Description II Current Zoning: keS'td a - Applicable Comprehensive Plan: Year of Plan adoption: Present Use of Property: L-t (f ' hq J Proposed Use of Property: L_.e) We. 1 o J i. e. orbs - l on�1s omplete (Note: Use additional sheets, If needed, to provide a c description of the proposed request.) :a) $2 4129 viev1011926) $150.00 (KIBC 17.72.030 and 030.C)* UZ80- t9E -90Z Napa Other PAYMENT VERIFICATION toning t2inuige, Vet S.het;tzi r pe' Kit: fif.$ecnb14 StCS(Ii tit t:• E8:,1 uly :.2tKS) L!'d3 ri,An acres 35U.0(' in Fell t** noalax island Oaraugh Staff signature KodiaH�t 99615 t:i�7) 4b6 -9424 ©t5 -©zt ET:t 8002/IT/30 O 0 0 In 0 to N N rl Z 0 I= D a O a I S rl 0 in 0 n 0 0 N to 0 0 N tl1 0 0 N O 0 N m 0 0 N N O O N r1 0 0 N 0 0 0 N 01 O1 Q1 .-1 00 O1 O1 ri N O1 01 ■l t0 O1 O1 r1 Li" 01 Q1 .-1 cn 01 m 01 O1 r1 N 01 01 .-1 .-1 01 01 1.4 0 O1 01 rt 01 00 01 .-1 CO CO 01 .-1 N CO rn LID CO 01 rt III 00 CI 01 rn rt m CO 01 ra N 00 01 I-1 08 -021 Larsen Bay Townsite, Tract A, Block 16, Lot 12 Kodiak Lodge !Don). Maschmedt I 1 uMOUIIUnl 000'OT$ - ZT 1 Lot 12 - 5106,400 Unknown No No Lodge No (Coordination Only) Yes Yes 12 couples or 12 individuals (Est. 22 guests Max. per website) ' Iesodsi0 JateMatseM a30s- u0'AIuO JaleM A!D SOA I saAi Yes 240388 Kodiak Lodge at Larsen Bay LTD Unknown Unknown ON ur*OUqun UMOU;Iun Ieplawwo; 03-01.8 Larsen Bay Townsite, Tract A, Block 16, Lot 10 Bayside Inn u "- � u:: � ; ^: lames Hamilton uMOtluunl 'Lot 10 - 56,300 Lot SO - 533,600 Unknown sas uMOurlun a8pol ON ON uMowlun Oty Water Only; On -site 'Wastewater Disposal saA SaA Unknown 165434 Bay Side Inn 196816 Bayside Inn 428846 Bayside Inn uMOwlun uMOUtfun Varies, Unknown Unknown II IepJawwv: 03-016 Larsen Bay Townsite, Tract A, Block 19, Lot 4 Fortail Lodge Jon Peterson — bosJataduo f/tatrysg!'MM Mf UMOUIUn 00£'55 - 43 3 1 uMOUy 009'2L$ - b 101 No Unknown Single- family Residential NO Yes No 4 guests (Bunkhouse) Oty Water Only; On -site Wastewater Disposal saA Unknown 705446 Jon A. Peterson Guide Service OM°wlun uMOU,IUn 0 z Varies, Unknown 1I UMOwlun UAS IeiJawwo; 03 -011 Larsen Bay Townsite, Tract A, Block 3, Lots 1 and 2 Uyak Bay Lodge Joel Wattum W a po e a •MMM ureou'lurj —. 008'q$-Z301 000'0E5 -T lot Lot 1- 5208,200 Lot 2 - 50.00 (Vacant) Unknown sea saa aApo1 oN oN Yes 11 Guest Rooms (Est. 22 guests Max. per website) Petitioner indicates a reduction in guest rooms due to changing floor plan and currently operating at 16 guests Max. and 3 staff. PAL SOL saA Yes 907797 Uyak Bay LLC Unknown Unknown ON urnoullun UMOUh!Un Unknown Ienuap!sa 03 -011 Larsen Bay Townsite, Tract A, Block Z Lots 2,3 &4 Vacant q 30T swiaH Aw wel Z slot - umUCM laof VS1 8111 ' Lot 2 - 520,000 Lot 3 - $3,800 Lot 4 - 530,000 VN (3uoeA) 00'0$ - 4 301 (woeA) 00'05 - 0301 (3uaeA) 00'05 - Z 301 VN VN auoN VN VN VN VNI VN VN VN VN cats 2 and 3 - Commercial; Lot 4 - tesidential ...._._. xa!dwoo a9po7 Aeg uasiet E - t slot 'T [1 V PeJ . 'a3!sunwl Aeg uauel TTO !Michael and Lisa Carlson ...a.,_ 'Unknown ....� 009'£E5 - 0 301 000'075 - 2 101 000'015 - 1 1 _.._._,..._._ Lot 1- 5188,300 Lot 2 - 50.00 (Vacant) Lot 3 - 5148,600 Unknown Maybe No Residemial and Lodge Yes Yes res 31 Guests (plus staff) Approx. 18 guest rooms total saA �Al Sa l - - - Yes 727508 Larsen Bay Adventures, LLC; 403098 Larsen Bay Adventures; 208639 Larsen Bay Lodge INC — - uMOwlun uMOwlun - ON -- iT UMOw!lln 'sapeA ON Unknown Unknown Ienuap!sag /3uoaya3eMpepJawwo 3 pax!I3 Case Number Legal Description I l (81 W Alp ay1031 set Pal? Jo luawned arnienWral l Borireh l and Assessed Value 1TY20071 Borough Building Assessed Value (T12007) City Sales Tax ? _.._.�. Brava Grandfathered Structure's) or use ? Zoning Compliance ? Original Building Design Category (Lodge, B &B, SFR) Provide Hunting Services? Provide Fishing Services ? ■ Provide Other Services ? Lodging or Rooming Capacity (Excluding staff /management/guides) ai u [Served by City Water and Sewer? I ( Water and Sewer Rate Served by City Power a8eq.eD AO] A9 PaSI 0519 JaMOd IecU13a13 � I Alaska Business Ucense Business Ucense Number ( Fire Marshal Review Fire Marshal Permit No. �_ ( Zoning compliance Permit Borough Tax P TY2007 I 14813H 8u!pl!n81 az!5 Ia3Jed 'As -Built Survey 1 (Owner live In Li n Bay? 'Lodging Use Hire Local Employees? 1 amoRhen Plen Issues Comprehensive Plan Designation G April 25, 2008 RE: Larsen Bay Subdivision / Re- zoning Bud Cassidy, Director Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Mr. Cassidy: DEPARTMENT OF NATURAL RESOURCES DIVISION OF PARKS & OUTDOOR RECREATION OFFICE OF HISTORY AND ARCHAEOLOGY Sincerely, J. David McMahan Alaska State Archaeologist, Deputy State Historic Preservation Officer SARAH PALIN, GOVERNOR 550 WEST 7 AVENUE, SUITE 1310 ANCHORAGE, ALASKA 99501 -3565 PHONE: (907) 269 -8721 FAX: (907) 269 -8908 The Office of History and Archaeology was recently notified of a request to the Borough for re- zoning a portion of the Larsen Bay Subdivision from residential to commercial. As you may be aware, this area of the Larsen Bay town site is coextensive with a large prehistoric settlement and cemetery known collectively as the "Uyak Site" or "Our Point Site" (State Inventory # KOD -145). This site, which covers around 8 acres, has been the focus of several archaeological investigations since 1931. In 1991, the site made headlines when the Smithsonian Institution repatriated 300 sets of human remains removed during the 1930s. I had an opportunity to conduct excavations at the site myself in 1993 in conjunction with a road construction project. At that time, intact portions of the site were buried beneath road fill. While much of the site has been destroyed as a result of modern residential and commercial development, it is likely that discontinuous intact deposits of archaeological materials remain. The archaeological site is privately owned and is not protected by public laws, except that the disturbance of graves and human remains is prohibited. We hope that you will consider the importance of the site and the potential effects of commercial development while making your zoning decision. Don't hesitate to contact me if I can provide further information. "Develop. Conserve. and Enhance Natural Resources for Present and Future Alaskans.' This notice is being sent to you becalm o records indicate you area property owner/interested party in the area of the request. If you do not wish to testily verbally, you may provide your comments in the space below, or in a letter to the Community Development Depamnent pr ►r to the meeting. If you would Wee to fax comments to your us, our fax number is: (901) 486 -9396. If you would like to testa(} via telephone, please call in your comments during the appropriate public bearing section of the meeting. The local call-in telephone number is 4$6,323L The toll tree telephone camber Ia 1- 800-478-5736. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Cot'w,eion'a decision on this request If you have any a ueadons about the request or your eppeal rights, please feel free to callus at 486 -9363. 1 Year Naeaa 1 t—Prg 1 1 Address: R cPe�tO s LL A3 ‹ ' 1E"'N — tom�J7 °ft 9 O ' Yaat property &seripeiea: fl j . 1. c mseeeb: - tom'', t0 An i6 a 41' 1 `. LrY' C'€ r`) 1 r. ` +.P. ( P RF 'Rc - )t1 - r .3e... -r e ;1i- FU L t ri �� lt.0 E. .P Lit ke_r-t- ai) -macf., 4 -A E.Rry. / 1 r4Q 7 gars (I, u 1,L lotiv n c E.RiArri A Lcpr no la ! e.y l 9 a - ' a i 4374r. am P t°c` r..._, '" — r'� - CA Pc Q n t . t• �. eta to i ° is ee+ ._ TO 3JCd KODI.AK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak Alaska 9961$ Public Hearing Poem VI -A PUBLIC HEARING NOTICE A public hearing will be ld on ednesday, ay 9, 2008. • e meeting will ' egin at 11 p.m. in the City of Larsen Bay Office, Larsen Bay, Alaska, before the Kodiak Island Borough Plannint and Zoning Commission, to hear comments if any, on the following request: CASE: 08 -021 APPLICANT: Don J. Maschmedt XtEQTAST: A rezone, in accordance with 1tIBC 17.72.030.0 (Manner of Initiation), for Larsen Bay Townsite, Tract A, Block 16, Lot 12, from R1- Single Family • Residential to B- Business. LOCATION: 1304 First Street, Larsen Bay ZONING.: R1- Single Family Residential S31ti I3DSSt7 1 r= 9060t'9Z9Zt ZV:Ot 8002 /EZ /b0 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 wig; to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 -9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1- 800 -478 -5736. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: \ii J, ! ll WUU L . Ade Mailing Address:/ y3 S' 7 a - la �� Your property dear n: T" 9 �� ( / � 2 1 ` D ' , f / � �,y a sT� ' Commeghl'`'AC // I i J2X61- /b - /tT 4../. .. 1L. .•1...' 1 ..4 ✓ . ne /.Jh - j�l�� <: cc ) `.��f - l R w.. ., , 421r-eh /2/ ,nr, ? j ernytaa g k v/2 v /V c;? 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, May 9, 2008. The meeting will begin at 7:00 p.m. in the City of Larsen Bay Office, Larsen Bay, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 08-021 APPLICANT: Don J. Maschmedt REQUEST: LOCATION: ZONING: A rezone, in accordance with KIBC 17.72.030.0 (Manner of Initiation), for Larsen Bay Townsite, Tract A, Block 16, Lot 12, from R1- Single Family Residential /,q B- Business. 1304 First Street, Larsen Bay R1- Single Family Residential Larsen Bay Existing Conditions Rage 20 January 2008 Attachment 1 History and CulturE The City of Larsen Bay is located on Larsen Bay, on the northwest coast of Kodiak Island. It is 60 miles southwest of the City of Kodiak and 283 miles southwest of Anchorage. The area is believed to have been inhabited for at least 2,000 years. A tannery was operated on Uyak Bay in the early 1800's. A cannery was built in 1911 by the Alaska Packers Association. The City was incorporated in 1974." Larsen Bay is a place of great beauty, and visitors come from all over to experience it. Today Larsen Bay is a community with a rich and mixed heritage that is rooted in the old Alutiiq traditions with a strong Scandinavian heritage that arrived beginning in the later 1800's with the fishing industry. Larsen Bay is named for Peter Larsen, a local trapper, furrier and guide. Population and Housing The 2000 U. S. Census found a total of 115 people living in Larsen Bay, of whom 78% were of American Indian or Alaskan Native (Al /AN) descent. Nearly all of the remaining residents are identified as white. The 2005 population estimate was 97, consisting of 79.1% Alaska Native or part Native. Many residents of Larsen Bay are descended from the indigenous Alutiiq people. The 2000 Census showed 70 housing units in Larsen Bay, of which 40 were occupied and 30 vacant. This 43% vacancy rate was the second - highest in the Borough behind Karluk. Among the occupied units, 32 (80%) were owner - occupied and eight (20%) were renter- occupied. All housing units were detached, single - family homes. The City's average household size of 2.88 persons was among the lowest in the Borough. A significant portion of the City's housing units (43 %) was built between 1980 and 1989. Only 3% were built in 1990 or later. The remaining 54% of units were built throughout the 1940's through the 1970's. Local GovErnmEnt Larsen Bay is incorporated as a second -class city, and is govemed by a seven - person City Council that includes the Mayor. Council members serve staggered three -year terms. In 2005, there was an average of 13 municipal staff (Department of Labor and Workforce Development). The City brings in a limited amount of revenue via a 3% sales tax. Most municipal funds come from service charges and other revenue sources.' The City and other local organizations currently provide the following services: 1 Street and sidewalk maintenance, with assistance from the Tribal Council 1 Electricity 1 Water and sewer 1 Health services provided by KANA 1 Cemetery KodiakEsIand BOROUGH Comprehensive Plan Update Chapter Eleven local Communities Figure 11.3 0 co w 3 z 01 3 ffi 0 z ■ a gE as g p a m - 3 E w w 0 ■ 0 x, CD 3 a IC m G Ctiaptes EltvEr Cc:77unit,H± Kodiaklsland BOROUGH Comprehensive Plan Update Page 21 r. January 200II Page. 22 J)ruary 200E3 4 Library, senior facility and Culture Center operated with assistance from the Tribal Council and Kodiak Senior Services 4 School /educational services provided through the Kodiak Island Borough School District and Kodiak Island Borough (selected maintenance and improvements) 4 Small boat harbor 4 Solid waste management 4 Emergency response provided through the Community Emergency Response Team The Natives of Larsen Bay Tribal Council is recognized by the Bureau of Indian Affairs as the official governing body for the Native Village of Larsen Bay. The Tribal Council has a full time President and seven members of Tribal Council. The Tribal Council has not yet specified its jurisdictional territory." land Management and Use The Borough is responsible for all planning and zoning within the City of Larsen Bay. The KIB Community Development Department prepared the 1984 Larsen Bay Comprehensive Development Plan, which describes the conditions that existed in the community at that time, identifies local issues and establishes goals and objectives for the community. More recently, the City prepared the 2006 Larsen Bay Community Plan, which includes similar content. In the event that provisions of either plan related to land use or zoning conflict with this KIB Comprehensive Plan, the Borough -wide plan shall take precedence. The following KIB zoning districts apply in Larsen Bay: 4 Business (B) 4 Light Industrial (LI) 4 Public Use Land (PL) 4 Single Family Residential (R -1) Current zoning designations are shown on Figure 11.3. A subsequent draft of this Plan will include a map of proposed future land use designations based in part on the results of Comprehensive Plan update meetings. A local village corporation, Nunachkpit, was formed for Larsen Bay under the American Native Claims Settlement Act (ANCSA) . Nunachkpit later merged into the Koniag, Inc. Native Corporation. As a result of this merger, Koniag owns and manages much of the land immediately adjacent to the City of Larsen Bay and of the neighboring Karluk River Drainage, including both the surface and sub - surface estates. The federal government also owns significant land holdings near Larsen Bay, which are part of the Kodiak National Wildlife Refuge. Commercial access to refuge lands for hunting and fishing is strictly regulated, and Larsen Bay residents rely on access to both Koniag and Refuge Lands for subsistence and commercial guiding and fishing activities." KodiakIsland BOROUGH Comprehensive Plan Update Chapter Elcvcn .-'7 Local Communities conomic Development The 2000 U. S. Census showed that the City had a 10% unemployment rate. This does not include the nearly 42% of adults over age 16 who were not in the workforce (Le., were not employed and were not seeking work). The median household income was $40,833, and 21% of all residents were living below the poverty level. Larsen Bay is one of only two outlying communities on Kodiak Island that has a local cannery outside the City of Kodiak. The other is located near (but not technically within) Ahkiok. The cannery is an important resource in that it could allow for halibut to be processed and frozen year round. The City also has six lodges, two of which are open year round. A study of employment and jobs held by local residents was conducted as port of the Larsen Bay Community Plan process. According to this study, there were 222 employment positions in the community, but only 12 of those were full time. Thirteen of the jobs were part-time, and 187 were seasonal. Only 11 jobs in the community included some form of benefits. The majority of seasonal positions (160) are associated with the Icicle Seafoods cannery. Many of those jobs are typically held by non - resident workers.'s Transportation and Public Facilities The City of Larsen Bay provides electricity, water, sewer and solid waste disposal services. The City also is responsible for road maintenance, which is financially supported by the Tribal Council. 4: roads are not paved and do not have streetlights, and road dust is often a problem in summer. The City has a small boat harbor, with limited facilities. The state of Alaska owns a small 2,700 - foot gravel airstrip that receives regularly scheduled flights from small aircraft charter companies located in the City of Kodiak. The City provides maintenance services to the airstrip. State planning calls for the airstrip to be extended to 3,300 feet to accommodate larger aircraft. A new fuel tank storage facility was recently completed and allows for increased fuel capacity for the community. Electricity is, in part generated by a small hydroelectric plant located about a mile from town. It is anticipated that the plant may need to be upgraded to continue servicing the community. The Kodiak Salmon Packers cannery currently maintains its own electrical generation plant. Water and sewer facilities are reportedly in generally good condition as of preparation of this Plan, with some improvements needed to sewer pump stations and selected water distribution pipes. The City is also served by some individual septic systems. No major improvement needs were identified by the City during the Larsen By community planning process. Healthcare services are provided by KANA, which operates a small clinic staffed by two health aides. These health aides provide assistance for minor health concerns and first response Chapter El�v� -r �o,al Con r,un■lies Kodiaklsland BOROUGH Comprehensive Pian Update Peg, 23 . Ja nuary 2008 Page 24 .- January 2008 emergencies. There also is a Community Health Provider, who provides behavioral health support and services. KANA also provides some in- village physician and dental services through itinerant health care providers. KANA's services are available only to those who qualify under federal guidelines; so non - native residents may receive emergency assistance but must go to Kodiak for their healthcare needs. The community has one Village Public Safety Officer, as well as a volunteer fire department and some fire - fighting equipment, including one truck and one trailer that can be pulled behind a snow machine. Emergency response is provided through the five- member Emergency Response Team, in accordance with a community Emergency Response Plan. The City also supports a small library and Culture Center." Parks and Recreation With the exception of the Culture Center, there are no formal recreational facilities in Larsen Bay. Environmental Quality The local climate in Larsen Bay supports a wide variety of plants, animal and bird life. Marine mammals such as whales, sea lions, and seals are frequent visitors to Uyak Bay and are often visible from the City. Shellfish such as tanner and Dungeness crabs also are found. Mild earthquake activity is frequent in the area and several large earthquakes have been experienced in the past. The 1964 Great Alaskan Earthquake caused sustained ground shaking in Larsen Bay, but the resulting tsunami did not affect the community. Larsen Bay experienced a prolonged earthquake in 2000 that registered 7.0 on the Richter scale. Scientists continue to map and discover earthquake fault systems in the area." Issues Specific issues noted by residents in Comprehensive Plan meetings in addition to those identified at the beginning of this chapter include the following: • The community had limited input in the 1984 Comprehensive Plan for Larsen Bay which should not be used as the basis for land use decisions. ♦ Allow small -scale commercial uses and more Bed - and - Breakfasts and lodges, such as in mixed - use zones under certain conditions. • Address concems about the social impacts of some lodges located within neighborhoods. • Land use planning needed on Amook Island. • Need to expand the boundaries of the City's watershed. ♦ The City should be informed and have leadership on what happens in the City. • Develop housing to attract and keep teachers. Kodiaklsland BOROUGH Comprehensive Plan Update Chapter Eleven .- Local Communities C oafs, Policies & Implementation Actions Many of the following goals, policies and implementation actions correspond to the issues identified above and /or were identified in the Larsen Bay Community Plan prepared through the Rural Leadership Forum process. Land Use Goal: Enhance flexibility of land use regulations. Policies • Address concems about the social impacts of some lodges located within neighborhoods. • Coordinate with the multiple agencies that have a role in local and use issues. implementation Actions * Review and develop City of Larsen Bay Boundaries that are consistent with and supports the Community Vision. * Acquire Land to allow Tribal Council to enhance development. Allow small -scale commercial and more Bed - and - Breakfasts and lodges under certain circumstances, such as in mixed -use zones. * Plan for land use on Amook Island. * Expand the boundaries of the City's watershed. Transportation Goal: Improve marine transportation facilities. Implementation Action * Develop deep -sea dock to position Larsen Bay to capitalize on its unique location on the west side of the Shelikof Strait, including a ferry service. Public Facilities, Health and Safety Goal: Improve and maintain local infrastructure. Implementation Actions * Develop basic infrastructure repairs and improvements to: 1. Current electrical delivery system including cost of power. 2. Street Lights. 3. Water and Sewer. Chapter E.r, ., Local Corrmuribes K odiaklsland B OROUGH Comprehenerve Plan Update Pagc 25 : January 2008 Page 26 r --, January 2008 4. Establish a public works department. 5. Continue ongoing heavy equipment repairs and acquisitions. 6. Develop public use facilities such as restrooms and telephones in areas such as the Boat Harbor. 7. Develop community greenhouse, bam and cold storage facility. 8. Develop and implement Community Road Plan. 9. Continue current village . erosion control projects. * In conjunction with infrastructure development, develop a Community Hall /Cultural Center/ Assisted Living Senior Center. * Develop a Healthcare Plan consistent with the Community Vision that serves all community members. Local Government Goal: Improve overall communication with the Borough. Policies • Coordinate with the Borough on building and development issues. • Define and develop key relationships that will support Larsen Bay in obtaining its community vision. Implementation Actions * Dedicate a specific Borough employee to communicating with the villages. * Establish a Standing Education Committee comprised of members of the City Council, Tribal Council and teachers in the community. * Upgrade City of Larsen Bay Government to better support Larsen Bay's people and strategic goals, including: 1. Establishment of personnel policies. 2. Review of City Revenue Structure. 3. Review of pay scales and job descriptions. * Determine what additional resources the City will require to support its role in achieving the Community Vision. * Review and Develop City of Larsen Bay Planning and Zoning that are consistent with and supports the Community vision. Kodiaicisland BOROUGH Comprehensive Plan Update Chapter Eleven ►-� Local Communities conom Goal: Retain residents. Policy A Improve economic opportunities in Larsen Bay. Implementation Actions * Increase Government Revenues through expanded services and development of infrastructure. * Provide Comprehensive Community Services to seasonal and transient populations. * Develop a six -tier economic development strategy that focuses on the five current aspects of the economy of Larsen Bay and additional potential. * Establish an interface with the Karluk River Area by enhancing the current Karluk River management and partnership with the village of Karluk. * Establish a viable Community Fishing Quota program initially for Halibut and Sablefish. cot Develop a strong working relationship with the Icicle Seafoods cannery. * Develop additional industries and businesses that are attractive to Larsen Bay. * Develop infrastructure that will support increased economic development activity and provide necessary services. * Require that public education in Larsen Bay meet or exceed established educational standards for formal education required for students to excel in the trade or profession of their choice and culture place -based education that establishes positive self - awareness and self esteem in community youth. * Consider educational options that are altemative to and in addition to the Kodiak Island Borough School District such as: 1. Continuing education 2. Charter school in Larsen Bay 3. Fishing School 4. Other similar options. G7aptry EI��Fr . l_oZal Co rrr,rnrtie�, Kodiaklsland BOROUGH Comprehensive Plan Update Pa) ?7 .. J:Hruidry 200E3 Page 28 - January 20D8 Housing Goal: Improve housing conditions and resources. Implementation Actions * Develop Housing Plan consistent with the Community Vision of three additional households by 2008 and five additional households by 2013 that serves all community members and is consistent with defined Land Use Planning. * Explore funding sources to develop teacher housing. * Explore funding sources to develop senior housing and related services. Environmental Quality Policies • Work together with Fish and Game to enhance and maintain Larsen Bay area fisheries. • Monitor subsistence to ensure community access. Implementation Actions * Perform an environmental inventory and assessment and develop an appropriate clean -up plan. This plan should include the potential tourism impact on the environment, the replaced tank farm and clean up of scrap metal. * Perform Community beautification in association with Community Togetherness goals and the Larsen Bay Youth Council goals. * Develop an insect control program that is effective but not harmful to existing economic development such as the Icicle Seafoods cannery and tourism. * Continue developing the Bear Management program in association with the State of Alaska Fish and Game and Kodiak Island Wildlife Refuge. * Perform review of status of Village Safewater and planning for future Village Safewater that supports the Community Vision. Other Goal: Preserve and enhance community togetherness and cultural awareness. Implementation Actions * Develop an annual community gathering calendar and let people know when gatherings are happening. Kodiaklsland BOROUGH Comprehensive Plan Update Chapter EIEVEn .4. Local Communities Actively engage and participate in regional community and cultural activities such as Awakening Bear, Alutiiq Culture Week, enhancing Culture Center and activities centered on Young Adults and other events that build positive self- awareness. * Bring back Alutiiq /Russian Orthodox Celebrations such as Masquerade and other similar events. * Work with Elders to bring back historic activities such as Humpies in Pooshki leaves, teaching kids how to fish and other activities that teach self - sufficiency. * Work together to beautify Larsen Bay with activities such as: 1. Work days to help each other clean up yards. 2. Beautifying historic cemeteries. 3. Other similar activities. ld Harbor Exi ' ing Conditions History - nd Culture The City of Old arbor is located on the southeast side of Kodiak Island on Sitka •ak Strait off the Gulf of Alaska. Th ommunity is about 70 miles southwest of Kodiak and 2* ' miles southwest of ID \ nchorage. The area around Old Harbor thought to have been inhabited f• nearly 7,500 years. The present -day Natives are Alutiiq • of mixed Alutiiq- European h tage. The Three Saints Bay area (now Old Harbor) became the first ssian colony in Alask after its discovery by Grigori Shelikov and his "Three Saints" flagship in 1784. tsunami destr• ed the original settlement in 1788, and two more earthquakes struck the area by 92. Th= own relocated to "Saint Paul's Harbor," now the City of Kodiak, in 1793. A settlement • reestablished at Three Saints Harbor in 1884 and named Staruigavan, or "old harbor" in ' ssi• The Good Friday earthquake and resulting tsunami destroyed the community in 19. , leaving o two homes and the church standing. The community was rebuilt in the same lo' •lion, and was in •rporated as the City of Old Harbor in 1966. Today, Old Harbor is a rich ix of old family names such as Christia en, Haakanson, Peterson, Zeedar, Inga and Pestri •ff that represent a mix of the many cultures t •t have made Old Harbor their home over tim This mix has resulted in a unique community, blendin elements of the older Sugpiaq tr• •itions, the grounding of the Russian Orthodox religion and • trong, subsistence based lifesty with the newer influences from mainstream culture. In the • st 15 years, many community members of Sugpiaq Alutiiq descent have been e • - riencing a resurgence of pride in their culture. The community has been an important enter for much of this. Today, Old Harbor has an Alutiiq Dance Group, the Nuniaq Dancers Chapt,r Eieven ,. coca'' Corrrr.umties Kodiaklsland BOROUGH m h Update Payr. 29 . January 2008 City of Larsen Bay Assessment of Management Capacity Indicators Tammy Helms Rural Utility Business Advisor (RUBA) Program Division of Community Advocacy Commerce, State of Alaska April 2, 2008 Introduction The City of Larsen Bay assessment report was completed by the Rural Utility Business Advisor Program (RUBA) as a requirement for a projected VSW grant- funded project. The report was completed with the voluntary assistance of the utility and based on information utility staff provided to the RUBA program. The goal of the RUBA Program is to help small communities implement utility management practices that will improve the utility's ability to provide safe drinking water to their communities on a sustainable basis. The RUBA Assessment evaluates essential and sustainable indicators necessary for the managerial and financial health of the utility. These indicators are organized under the following sections: • Utility Finance • Accounting Systems • Tax Problems • Personnel System • Organizational Management • Operation of Utility Essential Indicators identify policies and practices that are critical to the short-term operation of a utility. Sustainable Indicators identify policies and practices that make a utility cost - effective to operate and increase the likelihood of long -term financial success. The Major Recommendations are limited to those items needed to meet deficient essential indicators. This is because only the essential indicators are a required to be met under the grant conditions. The City of Larsen Bay operates and manages the following utility services: • Water and Sewer services • Landfill • • Garbage haul • Harbor/Dock • Fuel Sales • Airport Maintenance • Road Maintenance • Electricity Essential Indicators Report Page 2 Management Capacity Indicators On April 2, 2008 Tammy Helms met with the City of Larsen Bay staff to complete a RUBA Assessment of Management Capacity Indicators. City staff provided documentation supporting the conclusions in this report. Utility Finance Essential Indicators Yes No ® ❑ ® ❑ El El ® El • El ® ❑ Sustainable Indicators 0 El 0 El ® ❑ All revenue and expenses for the utility are listed in the utility budget. The utility has adopted a balanced realistic budget. Monthly financial reports are prepared and submitted to the policy making body. The utility is current paying all water /wastewater electric bills. The utility has on hand a year's adequate fuel supply or it has a financial plan purchase an adequate supply. The utility is receiving revenues (user fees or other sources) sufficient to cover operating expenses. The utility is receiving revenues (user fees or other sources) sufficient to cover operating expenses and Repair & Replacement (R &R) costs. YTD revenues are at a level equal to or above those budgeted. YTD expenditures are at a level equal to or below those budgeted. A monthly manager's report is prepared. Budget amendments are completed and adopted as necessary. The City of Larsen Bay drafted and adopted a FY 08 budget with RUBA assistance but it has not begun the FY 09 budget process. RUBA staff will assist the City Clerk with preparing the proper financial reports so they can be submitted to the Council monthly. The interfacility bills have not been paid for at least 8 months due to not having a consistent office staff. The water and sewer revenues are not sufficient to cover operating expenses. The City subsidizes its water and sewer utility through the fuel and electric sales. Manager/ operator reports are given verbally when requested from the Council. Essential Indicators Report Page 3 to Accounting Systems Essential Indicators Yes No ❑ ® The utility has adopted a collection policy and actively follows it. ❑ ® The utility bills customers on a regular basis. ® ❑ An accounts receivable system is in place which tracks customers and reports past due accounts and amounts. ® ❑ An accounts payable system is in place. Z ❑ The payroll system correctly calculates payroll and keeps records. ® ❑ A cash receipt system is in place that records incoming money and what it was for. E ❑ The utility has a cash disbursement system that records how money was spent. Sustainable Indicators ® ❑ A chart of accounts is used that identifies categories in a reasonable, usable manner. ❑ ® Monthly bank reconciliations have been completed for all utility accounts. ® ❑ The utility has a purchasing system that requires approval prior to purchase, and the approval process compares proposed purchases to budgeted amounts. Although the City has an adopted collection policy, it has not been actively or consistently enforcing it. The City utilizes QuickBooks for accounts receivable, accounts payable and payroll. The QuickBooks system is set up properly and has been a tool in the past to reliably keep the City's finances in order. Currently bills are not going out on a regular basis due to staffmg issues. It is recommended the Council review and implement the City's collection policy immediately. The City utilizes QuickBooks for accounts receivable, accounts payable and payroll. The QuickBooks system is set up properly and has been a tool in the past in keeping the City's finances reliably. Unfortunately in the past few years the employees responsible for accounting entry failed to enter data or execute the program functions properly, which has lead to the City writing numerous NSF checks and an inaccurate accounting of the cash on hand. Essential Indicators Report Page 4 Tax Problems Essential Indicators Yes No NA ® ❑ ® ❑ El El ® ❑ ❑ Personnel System Essential Indicators Yes No ® ❑ Sustainable • IZI The utility has a system to accurately calculate, track, and report payroll tax liabilities. The utility is current on filing federal and state tax reports. The utility is current on making federal and state tax deposits. If there are any past tax liabilities, a repayment agreement has been signed and repayments are current. As stated previously the City has a QuickBooks system that accurately tracks, calculates and reports payroll tax liabilities if the accounting personnel is competent and reliable in the data entry. The City has struggled to pay the monthly payroll liabilities to the bank due to staffing issue but has managed, with RUBA assistance, to submit the quarterly reports to the IRS on time. To date the City has not received any non - compliance notices from the IRS. The utility has a posted workers compensation insurance policy in effect. Indicators The utility has adopted and uses a Personnel Policy, which has been reviewed by an attorney, AML, or DCCED for topics and language. The utility has adequate written job descriptions for all positions. The utility has adopted and follows a written personnel evaluation process that ties the job description to the evaluation. The utility has an adequate written hiring process. The utility has personnel folders on every employee that contain at least: I -9, Job Application and Letter of Acceptance. The utility has a probationary period for new hires that includes orientation, job - training/oversight, and evaluations. The utility provides training opportunities to staff as needed and available. The City of Larsen Bay has a posted workers' compensation insurance policy in effect from 7/1/07 to 7/1/08 with AML /JIA. The City's current hiring process is historical and is not written. Job notices are posted with the job title and description for 10 days. Interested applicants apply at the City office. There is currently no probationary period for employees. Training opportunities to staff are provided as funds allow or opportunities by other sponsors come available. Essential Indicators Report Page 5 Organizational Management Essential Indicators Ye No ® ❑ The entity that owns the utility is known and the entity that will operate the utility is set. ® ❑ The policy making body is active in policy making of the utility. ❑ ® The policy making body enforces utility policy. ® ❑ The utility has an adequately trained manager. ❑ Z The utility has an adequately trained bookkeeper. ❑ The utility has an adequately trained operator(s). ® ❑ The utility has adopted the necessary ordinances (or rules and regulations) necessary to give it the authority to operate. Sustainable Indicators ❑ ® The utility has adopted an organizational chart that reflects the current structure. ® ❑ The policy making body meets as required. ® ❑ The utility complies with the open meeting act for all meetings. The current utility operator is trained but has not passed the OIT test. The interim clerk has no prior bookkeeping experience. The city council presently does not enforce the collection policy consistently. Efforts to once again enforce the policy are being pursued. Essential Indicators Report Page 6 Operation of Utility Essential Indicators Yes No ® ❑ ® ❑ The utility operator(s) are actively working towards necessary certification. The utility has a preventative maintenance plan developed for the existing sanitation facilities. Sustainable Indicators ❑ ® The manager receives a monthly O &M report from the utility operator and routinely "spot checks" the facilities to see that the maintenance items are being completed. The utility has a safety manual and holds safety meetings. Utility facilities have not suffered any major problems /outages due to management issues that are still unresolved. The utility is operating at the level of service that was proposed. The operator provides status reports to the manager on a routine basis. The utility has completed and distributed its Consumer Confidence Report (CCR). The utility meets all required regulations (is not on the Significant Non - Compliance (SNC) list). The utility maintains an inventory control list. The utility maintains a critical spare parts list. ▪ ❑ ® ❑ 0 El El 0 In speaking with the Remote Maintenance Worker, Steve Evavold of Village Safe Water, there is a preventative maintenance plan for the existing system. The current utility operator is trained and can run the system but has not passed the OIT test. Historically the utility operator reports to the Mayor or Vice -Mayor when there is a problem or he can foresee one. The utility is not able to operate at the level of service that was proposed due to the inability to backwash the rapid sand filter. The utility does not meet all required drinking water regulations. The City is currently on the SNC list for treatment technique violations and monitoring violations for Stage one and SWTR. The utility operator and Council attempt to keep needed critical spare parts on hand. Essential Indicators Report Page 7 Major Recommendations The City of Larsen Bay has not met all of the essential capacity indicators. In order to meet them, the utility must take the following actions: • The City Clerk should prepare and submit monthly fmancial reports to the Council. • The City Council needs to make a financial plan to purchase an adequate supply of fuel. • The City Council should review and enforce the collection and disconnection policy they have previously adopted. • A consistent active effort must be made to bill utility customers on a regular basis. • The City is not current with payment of 941 tax liabilities although all reports have been submitted with the assistance of the RUBA program staff. • The City should make it a priority to hire a new City Clerk to perform the bookkeeper's duties and actively support any training available. Conclusion and Next Step In addition to the Major Recommendations, the City of Larsen Bay can work to improve Sustainable Indicators in the areas of "Utility Finance," "Personnel System," "Organizational Management," and "Operation of Utility." It is recommended that: • The City identify revenues to sufficiently cover operating expenses and R &R cost. • The Council should follow the proper procedures in amending and adopting budget amendments. • The utility create and adopt a personnel policy. • The utility create adequate written job descriptions for all positions. • The utility adopt and follow a written personnel evaluation process that ties the job description to the evaluation. • The utility create an adequate written hiring process. • The City should update all personnel folders to ensure every employee file contain at least: I -9, Job Application and Letter of Acceptance. • The utility have a probationary period for new hires that include orientation, job training/oversight and evaluations. • The utility adopt an organizational chart that reflects the current organizational structure. • The Manager/Mayor routinely "spot checks" the facilities to see that maintenance items are being completed • The utility supply safety manuals and hold safety meetings. Essential Indicators Report Page 8 • The utility meet all required drinking water regulations. The regional RMW can assist in meeting this step. • The utility maintain an inventory control and critical spare parts list. By implementing the above recommendations, the City of Larsen Bay will put itself into position to better meet unanticipated financial costs and ensure that employees are aware of their conditions of employment. The City of Larsen Bay billing staff was open and helpful with providing information to complete this assessment. The City Council realizes the importance of community health, financial stability, effective utility management practice and sustainability. RUBA staff is available to provide assistance for any sustainable capacity indicators that are not being met. CC: Steve Evavold, RMW Elizabeth Manfred, RUBA, Program Manager Steve Forslin, ANTHC, Engineer Essential Indicators Report Page 9 Q 1OTE TO READER: ITEMS THAT HAVE A INDICATES EXISTING CODE LANGUAGE THAT IS PROPOSED TO BE DELETED. UNDERLINEIL LANGUAGE IS. NEW _. 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 et ertificate of zoning shall be issued for any of the following uses: Bed and Breakfast, hotel, motel, edge etc. If the proposed use complies with the criteria for exemption to the transient acconunodation 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 KIB Code) shall be provided to Community Development staff. VACATION HOME a a a a a a U a a RECREATION CABIN o a U a a p., LODGE C — over 6 ;sa SI ugill °.tutu — BOARDING HOUSE a, a a 'IMLOH 9 -d 112,g a ZONING DISTRICT 1 W - Watershed District [ WH - Wildlife Habitat District 3op4siQ asn fulrUN — flN I C — Conservation District [ LI — Light Industrial District RB — Retail Busin RD - Rural Development District I RNC - Rural Neighborhood Commercial District I RR2 - Rural Residential Two District [ RR - Rural Residential District [ RR1 - Rural Residential One District 1 R1 - Single - Family Residential District R2 - Two - Family Residential District R3 - Multiple Family Residential District [B - Business District [ I — Industrial District [ PL - Public Lands District 1 UNC - Urban Neighborhood Commercial District SRO - Single Resident Occupancy Standards TITLE: KODIAK ISLAND BOROUGH '- AGENDA STATEMENT NOVEMBER 6,'2008 REGULAR MEETING ITEM NO: • 9.B Ordinance No. FY2009 -07 Reestablishing Boards, Committees, and Commissions as Established in the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel, Chapter 2.39 Boards and Commissions. SUMMARY: 2.39.180 Termination. A. All boards, committees, and commissions established under this chapter, with the exception of those mandated by state law, shall terminate by operation of law three (3) years from the date of passage of this section, unless affirmatively reestablished or continued by the assembly for a period not to exceed three (3) years. Any newly created board, committee, or commission shall be subject to the provisions of this section. Prior to the termination, continuation, or reestablishment, the clerk shall publish a notice of termination sixty (60) days prior to the termination, and the assembly shall hold a public hearing, receiving testimony from the general public and members of the board, committee, or commission. In said hearing, the board, committee, or commission shall have the burden of demonstrating a public need for its continued existence. B. A determination as to whether a board, committee, or commission has demonstrated a public need for its continued existence shall take into consideration the following factors: 1. the extent to which a board, committee, commission or program has operated in the public interest; 2. the extent to which a board, committee, or commission has recommendations which are generally of benefit to the public interest; 3. the extent to which a board, committee, or commission has encouraged interested persons to report to it concerning the effect of its decisions on the effectiveness of service, and availability of service which it has provided; 4. the extent to which the board, committee, or commission has encouraged public participation in the making of its decisions; and 5. the efficiency with which public inquiries or complaints regarding the activities of the board, committee, commission or agency filed with it, with the department to which a board, committee, or commission is administratively assigned, have been processed and resolved. The following are the boards established under this chapter: Chapter 2.12 Personnel Advisory Board Chapter 2.45 Chapter 2.41 Emergency Services Council Review Board Chapter 2.42 Kodiak Economic Development Chapter 2.49 Commission Chapter 2.53 Chapter 2.43 Parks and Recreation Committee APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -07. Architectural /Engineering Arts Council Advisory Committee Solid Waste Advisory Board 1 2 3 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ATTEST: 48 49 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2009 -07 Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: Assembly Borough Clerk Borough Clerk 10/16/2008 11/06/2008 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY RE- ESTABLISHING BOARDS, COMMITTEES, AND COMMISSIONS AS ESTABLISHED IN THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.39 BOARDS AND COMMISSIONS WHEREAS, all boards, committees, and commissions established under Title 2, Chapter 2 of the Kodiak Island Borough Code of Ordinances, with the exception of those mandated by law, shall terminate by operation of law every three years, unless affirmatively re- established or continued by the Assembly; and WHEREAS, the assembly shall hold a public hearing to receive testimony on the need for the continued existence of the board, committee, or commission from the general public and members of the board, committee, or commission; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: The following boards, committees, and commissions are hereby affirmatively re- established in the Kodiak Island Borough Code of Ordinances effective midnight December 31, 2008: Chapter 2.12 Chapter 2.41 Chapter 2.42 Chapter 2.43 Chapter 2.45 Chapter 2.49 Chapter 2.53 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2008 Nova M. Javier, CMC, Borough Clerk Kodiak Island Borough, Alaska Personnel Advisory Board Emergency Services Council Kodiak Economic Development Commission Parks and Recreation Committee Architectural /Engineering Review Board Arts Council Advisory Committee Solid Waste Advisory Board KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Ordinance No. FY2009 -07 o'. TITLE: SUMMARY: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT NOVEMBER 6, 2008 REGULAR MEETING Ordinance No. FY2009 -09 Rezoning uss 4872, Larsen Bay Townsite, Tract A, Block 1, Lots 1 and 3 From R1- Single Family Residential To B- Business District. ITEM NO. 9.D The Community Development Department received this rezone case in 2003. It was tabled by the Planning and Zoning Commission until after the completion of the Borough's Comprehensive Plan. Upon completion of this planning effort, the Planning and Zoning Commission has traveled to the community of Larsen Bay in May of 2008 and again last month to hold public hearings on this request. . These parcels have been operated as the Larsen Bay Lodge in one form or another for an extended period of time. After the September 20, 2008 public meeting and after receiving significant community public testimony, the Planning and Zoning Commission is forwarding this case to the Borough Assembly with the recommendation to approve this request for rezoning. The "findings of fact" supporting the Commission's decision has been incorporated in this packet. In addition, materials reviewed by the Commission are also included for Assembly consideration. Forty public hearing notices were sent out on October 20, 2008. Responses will be provided to the Assembly on November 6, 2008. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -09. 3 4 5 6 39 40 41 Introduced by: Manager Gifford Requested by: P &ZC Drafted by: CDD Staff Introduced: 10/16/2008 Public Hearing: 11/06/2008 Adopted: 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2009 -09 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 11 LARSEN BAY TOWNSITE, TRACT A, LOTS 1 AND 3 FROM R1- SINGLE FAMILY 12 RESIDENTIAL TO B- BUSINESS DISTRICT 13 14 WHEREAS, the Larsen Bay Lodge is a long established hunting and fishing lodge; and 15 WHEREAS, owners of this establishment initially sought to rezone the parcels of land that the 16 lodge is located upon from R1- Single Family Residential to B- Business in 2003, in keeping 17 with the use of the property for lodge purposes; and 18 WHEREAS, the Planning and Zoning Commission (P &ZC) tabled this initial rezone request in 19 2003 pending completion of the new Kodiak Island Borough Comprehensive Plan; and 20 WHEREAS, upon completion of the Comprehensive Plan, the P &ZC conducted meetings and 21 public hearings in Larsen Bay on this and other parcels; and 2 WHEREAS, the commission is recommending that the Assembly find that a rezone to B- 3 Business zoning district by lots making up this commercial venture is generally consistent with 24 the Comprehensive Plan; 25 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 26 BOROUGH that 27 Section 1: This ordinance is not of general application and shall not be codified 28 29 Section 2: Larsen Bay Townsite, Tract A, Lots 1 and 3 be rezoned from R1- Single Family 30 Residential to B- Business District subject to the effective clause stating: 31 "Prior to the rezone becoming effective, the petitioners will obtain zoning 32 compliance for all structures and uses located on the developed Tots located 33 within the approved rezone area. Should the zoning compliance requirement not 34 be met within 24 months of Assembly approval, this approval shall become null 35 and void." 36 37 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are 38 hereby confirmed as follows: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The purpose of the rezone is intended to create commercial zoning district to accommodate existing lodge uses and structures located along the eastern edge of the Larsen Bay Subdivision. The petitioners have indicated that the rezone is Kodiak Island Borough Ordinance No. FY2009 -09 Page 1 of 2 44 needed as the only feasible way for them to move into zoning compliance status. 45 This request has been held in abeyance far five or more years awaiting an 46 update to the KIB Regional Comprehensive Plan and it is now time to make 47 these long awaited decisions in order to restore and maintain the balance 48 between residential and commercial uses in the Larsen Bay community. 49 50 Because the community leadership capacity has diminished in recent years due 51 to the turnover of leadership and administrative staff, the recommendations in 52 this case are limited to those Tots where existing lodge use and structures are 53 established in order to maintain the status quo level of both commercial benefits 54 to the community and related community impacts associated with lodge uses. 55 The current RUBA report and associated utility rate study, in conjunction with the 56 most recent resolution adopted by the Larsen Bay City Council indicate a need 57 for change to occur in the community leadership and administration in order to 58 re- establish continuity of government operations and restore community 59 sustainability before more commercial development potential is considered for 60 the Larsen Bay Community. 61 62 17.72.020 B. Findings as to the Effect a Change or Amendment would have on 63 the Objectives of the Comprehensive Plan. 64 The Kodiak Island Borough has not established a Mixed -Use zone in order to 65 fulfill the literal intent of the plan designation. As a result, the Mixed -Use 66 designation will need to be fulfilled on a case -by -case, lot -by -lot, zone -by -zone 67 basis, in conformity with a generalized view of the comprehensive plan 68 designations as previously discussed in the staff report. 69 70 While the recommended zone changes are not entirely consistent with the 71 explicit plan map designations in the KIB Regional Comprehensive Plan Update, 72 the recommendations do take into account existing development patterns, 73 community comments, plan recommendations (generally) and the sustainability 74 of the community infrastructure and social fabric of the community. 75 76 77 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 78 THIS DAY OF , 2008 79 KODIAK ISLAND BOROUGH 80 81 82 83 ATTEST: Jerome M. Selby, Borough Mayor 84 85 86 87 Nova M. Javier, CMC, Borough Clerk 88 Kodiak Island Borough Ordinance No. FY2009 -09 Page 2 of 2 A public hearing will be held on Thursday, November 6, 2008 at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on: Ordinance No. FY2009 -09 USS 4872, Rezoning Larsen Bay Townsite, Tract A, Block 1, Lots 1 And 3 From R1- Single Family Residential To B- Business District. If you do not wish to testify verbally, you may provide your comments in the attached public hearing form and fax it to (907) 486 -9391, Email to niavier(akodiakak.us or hand deliver to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on November 6, 2008. Comments favoring and opposing are encouraged. you have any questions, please call 486 -9310. Attachments: • Public hearing form • Map • Ordinance No. FY2009 -09 Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 njavier@kodiakak.us NOTICE OF PUBLIC HEARING Ordinance No. FY2009 -09 USS 4872, Rezoning Larsen Bay Townsite, Tract A, Block 1, Lots 1 And 3 From R1- Single Family Residential To B- Business District. ❑ This is in support of the rezone. ❑ This is in opposition of the rezone. ❑ Other comments. PUBLIC HEARING FORM Name: Residence Address: Mailing Address: Comments: Written comments may be submitted by email to niavierCc�kodiakak.us, fax to 907 - 486 -9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, November 6, 2008. -1 0 0 < 0 X Lf) v) LI") Cr Cr ri r-1 %--1 N N l0 tD t0 tD tD 01 01 CT 01 01 Ol Ol 01 01 01 Y Y Y Y a a Q a 00 00 X X m m 0 0 a a. 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Rezone from R SFr to B- Business Eleven, (11 ' total parcels Business Conservation Industrial Light Industrial 7 Natural Use Public Use Single Family Residential 1 1 Legend Or Two Family Residential Multi Family Residential Retail Business Rural Residential Rural Residential 1 Rural Residential 2 Split -Lot Zone Map prepared for the purpose of showing the Zoning of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State PSne 5 Parcel Information is taken from selected fields in the current computerized properly recants in the Assessing Dept. This data has nol been reconciled with data contained in manual files which may be more up-to-date. Kodiak Island Borough Community Development Department. Current Location P & Z Case # 03 -011 Michael & Lisa Carlson, Uyak Bay Lodge, LLC Tammy Helms Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 4 , Lots 1 - 3, Block 2, Lots 2, 3 & 4, and Block 3, Lots 1 & 2 from R1- Single Family Residential to B- Business. N E [ f f 0 312.5 625 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 tnfomration:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale Is 1:63,360 Created in AccGIS 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 DepartmenL J Photos) P & Z Case # O3 -fi ' Carlson, Michael & Lisa Request: A rezone, in accordance with KIBC 17 .72.030 C (Manner of Initiation for Larsen Bay Townsite Tract A Block 1 Lots 1. 2. �i s` from F. - Single Famiiy Residential to B - Business. Legend Tract A Block 1 Lots 1, 2, 4, & 5 Parcels Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads. Streets., Alaska D.O.T. Sept. 2002 Contour 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 anent 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 Developmer. Deoartmen:. Photo(s) P &Z Case #03 -011 Uyak Bay, LLC & City Request: A rezone, in accordance with KIBC 17.72.030 C (Manner of Initiation) for Larsen Bay Townsite Tr A Block 3 Lots 1 & 2. and Block 2 Lots 1, 1A, 2, 3, & 4 from R1- Single Family Residential to B- Business Legend Parcel Selection; Uyak Bay LLC & City Parcels w Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Naaka Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour infonnatlon:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in A cGIS 9, NAD 27, Stale Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconcited with data contained in manual ftles which may be more up- to-date. Kodiak Island Borough Community Developmen Department. MEMORANDUM DATE: September 10, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the Sept. 20, 2008 Regular Meeting CASE: 03 -011 APPLICANT: Michael & Lisa Carlson, Tammy Helms, & Uyak Bay Lodge LLC REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A; Block 1, Lots 1 — 3; Block 2, Lots 2, 3 & 4; and Block 3, Lots 1 and 2, from R1- Single - family Residential Ic B- Business LOCATION: East end of Larsen Bay Townsite Subdivision ZONING: RI- Single- family Residential Twenty-five (25) public hearing notices were mailed on September 4, 2008. Public Hearing Item VI -A Date of site visit: May 9, 2008 1. Zoning History: All land in the City of Larsen Bay was zoned R1- Single - family Residential by MB Ordinance No. 77 -19 -0. Since that time, four additional rezones were approved for Larsen Bay in KIB Ordinances No. 88 -19, No. 89 -16, No. 91 -28 and No. 93 -52. The result is that nine (9) city owned parcels are now zoned PL- Public Use Land, one (1) privately owned parcel is zoned B- Business and the Larsen Bay Airport is zoned LI -Light Industrial. 2. Lot Size: Lot 1, Block 1 Lot 2, Block 1 Lot 3, Block 1 Lot 2, Block 2 Lot 3, Block 2 Lot 4, Block 2 Lot 1, Block 3 Lot 2, Block 3, 3. Existing Land Use: Lot 1, Block 1 Case 03-011/Staff Report Page 1 of 28 35,622 Sq. Ft. 21,600 Sq. Ft. 46,362 Sq. Ft. 28,201 Sq. Ft. 14,400 Sq. Ft. 36,484 Sq. Ft. 15,200 Sq. Ft. 15,200 Sq. Ft Lodge September 20, 2008 4. Surrounding Land Use and Zoning: Case 03- 011 /Staff Report Public Hearing Item VI -A Lot 2, Block 1 Vacant Lot 3, Block 1 Lodge Lot 2, Block 2 Vacant Lot 3, Block 2 Vacant Lot 4, Block 2 Vacant Lot 1, Block 3 Lodge Lot 2, Block 3, Vacant North: Lot 11, Block 2, Larsen Bay Sub. Use: Vacant Zoning: PL- Public Use Land South: Larsen Bay Airport Tract Use: Community Airport Zoning: LI -Light Industrial East: Larsen Bay Use: N/A Zoning: N/A West: Lots 3, 7 and 8, Block 3; Lots 5 and 10, Block 2, Larsen Bay Sub. Use: Vacant; Vacant; Single- family Residential Zoning: R1- Single- family Residential 5. Comprehensive Plan: The 2008 Kodiak Island Borough Comprehensive Plan Update designates this area for a combination of Residential and Commercial use. Lots 1 & 2, Block 1 are designated for Mixed Commercial /Waterfront/Residential. Lot 3, Block 1 is designated for Conservation. Lots 1 and 1A, Block 2 are designated for Residential. Lots 2 and 3, Block 2 are designated for Commercial. Lot 4, Block 2 is not designated. Lots 1 & 2, Block 3, are designated for Residential. 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.02.020 Reference and Use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.02.030 Comprehensive Plan. For the purpose of this title, the Kodiak Island Borough Comprehensive Plan consists of the following documents: A. The Kodiak Island Borough Comprehensive Plan Update, 2007, prepared by Cogan - Owens -Cogan. (Adopted by Ordinance No. 2007 -10, effective December 6, 2007); Page 2 of 2E September 20, 2008 17.72.055 Submission to assembly. Public Hearing Item VI -A 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The borough assembly upon its own motion; B. The planning commission upon its own motion; *C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development office, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. COASTAL MANAGEMENT APPLICABLE POLICIES Commercial Development 1. Natural Features Dredge and fill, excavation, shoreline alteration and disturbance of anadromous streams, tideflats and wetlands shall be minimized when constructing and operating port, harbor, dock, business and energy facilities - if permitted under applicable regulations. Consistent: Case 03-011/Staff Report N /A. This action does not propose to construct a port, harbor, or dock. There will be no dredge or fill resulting in shoreline alteration or disturbance of anadromous streams. Page 3 of 28 September 20, 2008 2. Natural Setting, Views and Access Development shall be conducted in a manner that mitigates adverse impacts upon the Kodiak Archipelago; developers shall provide opportunities for public access to the shoreline and scenic views, to the extent feasible and prudent. Consistent: 3. Dredge and Excavation Material Dredging and filling shall be consistent with ACMP Standards 6 AAC 80.040 (Coastal Development) and 6 AAC 80.110 (Mineral and Mining Processing). Dredge spoil may be utilized in shoreside landfills if permitted under applicable regulations for the purpose of creating usable waterfront land. Consistent: N /A. No dredging or filling is proposed. 4. Facility Design Developments in or over the water, such as piers, docks and protective structures shall be located, designed and maintained in a manner that prevents adverse impacts upon water quality, fish, wildlife and vegetative resources and minimizes interruption of water circulation patterns, coastal processes and navigation. Consistent: 5. Buffer Zones Buffer zones shall be established to the extent feasible and prudent, between business areas and major public transportation routes and between business development and adjacent, non - business properties in order to minimize conflicts between land uses. Consistent: Case 03-011/Staff Report Public Hearing Item VI -A N /A. This action will result in not result in a reduction of public access to the shoreline nor adversely impact scenic views. N /A. No development in or over the water is proposed. There should be no adverse impacts on water quality, fish, wildlife or vegetative resources. Yes. A number of lots in the rezone area are larger than typical residential lots in the Larsen Bay Townsite Subdivision and can therefore provide a greater degree of building setback or buffer area. Commercial zoned lots adjoining residential may be required to install a screening fence, subject to Commission review and approval. Page 4 of 28 September 20, 2008 6. Accessory Development Accessory development that does not require a shoreline location in order to carry out its support functions shall be sited away from the shoreline whenever there is a feasible and prudent inland alternative. This category includes parking, warehousing, open -air storage, waste storage, treatment or storm runoff control facilities or utilities. Consistent: N /A. No accessory development is proposed along the shoreline. 7. Wetlands Filling and drainage of water bodies, floodways, backshores or natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: N /A. No filling or drainage of water bodies, backshores or natural wetlands is proposed as part of this action. Residential Development 1. Location In areas with poorly draining soils, development where feasible shall be connected to a sewer line. Where this is not feasible, on -site facilities shall be designed so as not to cause conditions that will pollute rivers, lakes, and other water bodies, including the ground water supply. Consistent: 2. Open Space Case 03-011/Staff Report Public Hearing Item VI -A Yes. Onsite well and septic systems are required to meet the standards of ADEC where municipal water and sewer are not available. Green areas and open space shall be retained to the maximum extent feasible and prudent when land is subdivided. Consistent: N /A. This request does not involve the subdivision of land. Page 5 of 28 September 20, 2008 Population 3. Access Case 03- 011 /Staff Report Public Hearing Item VI -A New subdivisions or other residential developments on the shoreline shall provide useable public access to and along the shoreline, extending the length of the development, to the extent feasible and prudent. Consistent: N /A. This request does not involve the subdivision of land. 4. Hazardous Lands Development shall not occur in hazardous areas such as avalanche runout zones, active floodplains, and high water channels to the extent feasible and prudent. Siting, design, and construction measures to minimize exposure to coastal erosion, mass wasting and historic tsunami run -up shall be required to the extent feasible and prudent. Consistent: 5. Wetlands Yes and No. There are several lots which are located within 30 feet of mean high water. According to the 1983 KIB Coastal Management Plan, lots located within 30 feet of MHW are vulnerable to Tsunami and severe storm surge. Lots within this elevation should probably not be developed with commercial or residential uses unless the structures can reasonably be "flood proofed" through the design of the buildings and the application of appropriate technology as part of the construction. Filling and draining of water bodies, floodways, backshores, and natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: N /A. This request does not involve filling or draining of waterbodies. COMPREHENSIVE PLAN REVIEW According to the January 2008 KIB Comprehensive Plan Update, the year - around population of Larsen Bay has been steadily declining for the past seven years or more. This decline in population was nearly 16% in the years from 2000 to 2005 based on state estimates. A visual representation of the negative population trend in Larsen Bay is shown on Figure 1. Page 6 of 28 September 20, 2008 Local Government Public Hearing Item VI -A The City of Larsen Bay is a Second Class City incorporated under the applicable provisions of Alaska Statutes Title 29. As a general law municipality, it exercises much authority over the day - to-day activities in Larsen Bay. The city owns and operates the local landfill, water and sewer utilities, electrical utility, as well as providing for road maintenance and many other general government functions. The City of Larsen Bay is also a taxing authority which has imposed a $5.00 per lodge guest per day "bed tax" or transient accommodation tax on guests lodged in the community. A request for bed tax information from the City of Larsen Bay was not available in time to be included in this staff analysis. Should such information be received prior to public hearing it will be presented as an attachment to this report. The native community of Larsen Bay is served by the Larsen Bay Tribal Council. Native tribal or traditional councils act as a governing body to represent Alaskan Native residents in the Borough. These councils govern local affairs and provide a variety of social and other public services. Zoning Reiulations The Kodiak Island Borough is a Second Class Borough which exercises zoning and platting authority within the Borough as well as within all cities located within the Borough. In accordance with Alaska Statutes Title 29, only a first class or home rule municipality may request a delegation of zoning and platting authority. The City of Kodiak is the only eligible municipality at present and it has not requested such a delegation. In order for the Kodiak Island Borough to wield land use authority is must adopt and maintain a borough -wide comprehensive plan. The Borough recently adopted a borough -wide comprehensive plan update in December 2007. In addition, the 1984 Larsen Bay Comprehensive Plan is still a part of the Borough's adopted plan set. According to the newly updated plan, the new plan takes precedence over policies and recommendations that may be in conflict between the two plans. In other areas covered by the 1984 plan that are not covered in the borough -wide plan the 1984 still has relevance as a policy tool. Future land use maps prepared during the local comprehensive planning recently concluded were largely based upon previous land use plan maps associated with earlier (adopted) plans. This was done to provide a starting point at the beginning of the planning process. In each community residents were asked to identify general or specific changes to proposed future land uses. While the maps may show certain land use designations associated with only a single parcel or small group of parcel, the reviewer must keep in mind that the plan is a generalized policy document and that the maps alone do not create an entitlement to the proposed land use designation. The guidance in the plan is based largely on public input and not on the kind of investigative information that is usually provided in a zoning change review. Therefore, while the plan may have adopted a property owner's suggestion or some other publicly gathered input, the final decision to change a zoning designation must be generally consistent with the plan, but Case 03- 011 /Staff Report Page 7 of 28 September 20, 2008 Public Hearing Item VI -A it must also consider other cogent factors relevant to the physical context of the site and the impact the change in use will have on the surrounding community. Another consideration that must be taken into account is the timing of a zoning change. Comprehensive plans typically project future land use proposals for a 10, 15 or 20 year period. The Commission and Assembly are not obliged to implement such recommendations in the plan if the overall condition and context of the community are not ready for such changes. As indicated in KIBC 17.01.030 (Intent), the purpose of the KIB system of land use regulation is to: + Provide for orderly development; ❖ Lessen street congestion; ❖ Promote fire safety and public order; + Protect the public health safety and general welfare; + Prevent overcrowding; ❖ Stimulate systematic development of transportation, water, sewer, school, park, and other public facilities; and ❖ Encourage efficiency in the use of energy and the substitution of energy from renewable sources for energy from fossil fuels. In general, residents of smaller communities recommended allowing for a mix of residential and commercial or home employment uses in some portions of their communities, in combination with assurances that non - residential uses will not adversely impact nearby residential and institutional uses. This can be a very difficult proposition to address when remote communities are forced to develop in a very compact and "organic" nature due to the limits of extending infrastructure beyond the high to medium density core community. While many Comprehensive Plan meeting participants were satisfied with existing zoning regulations, some suggested that the Borough revisit the types of uses allowed in certain zones. The most common complaint is that lodges and Bed and Breakfasts should be allowed more widely, including within the Rural Commercial zone. However, others expressed concerns about the appropriateness of allowing lodges to locate within existing neighborhoods, particularly if they have the potential to adversely affect surrounding residential uses due to noise or other conditions. Some comprehensive plan participants were also interested in adopting standards for building aesthetics and signage, especially for large commercial buildings. Most current zoning and land use issues in the villages are related to providing land use flexibility, reducing conflicts and eliminating non - conforming uses. The necessity of coordinating existing local Comprehensive Plans with the updated Comprehensive Plan before adoption was also cited as an issue. Case 03- 011 /Staff Report Page 8 of 28 September 20, 2008 Goals, Policies & Implementation Actions (General) Policies: Public Hearing Item VI -A Goal: Regulate and manage land uses to balance the rights of private property owners with community values and objectives. ❖ Maximize compatibility of adjacent land uses and minimize conflicts through zoning, buffering, design standards and other means. ❖ Zone land to meet future housing, commercial, industrial and other land needs. Implementation Actions: ❖ Identify an adequate supply of land in each community to meet future residential and other land development needs based on future population and employment growth projections, assumptions about the type and land requirements for projected uses and conditions or constraints that may affect development. Consider use of public or private Native -owned lands to help meet these needs. ❖ Evaluate the need and recommend specific sites for commercial and industrial uses within and outside cities and unincorporated communities in the Borough to meet future economic needs. + Update the Borough's zoning code to allow a more flexible set of uses in smaller communities, while continuing to minimize conflicts among adjacent , potentially incompatible uses. Use size limitations, restrictions on noise or odor, buffering and other means to minimize conflicts. Goal: Develop a comprehensive management framework to encourage economic development while protecting coastal resources. Policies: Goal: Ensure that land use and development decisions consider subsistence resources and activities. Policies: Case 03- 011 /Staff Report ❖ Encourage future industrial and commercial development to be sited and constructed to promote the most efficient utilization of waterfront areas and coastal resources. ❖ Ensure that new development complies with municipal, state and federal land and water regulations. ❖ Encourage innovative development designed to maximize the use of available land. ❖ Partner with local communities, land owners, state and federal agencies, and Native groups to maintain and improve fish and wildlife habitats important for subsistence resources and activities. ❖ Support the use of, and access to, subsistence resources by subsistence users. Page 9 of 28 September 20, 2008 Public Hearing Item VI -A Implementation Actions: ❖ Require development to avoid or minimize potential adverse impacts to subsistence resources and activities. Goals, Policies & Implementation Actions (Economy) Tourism: There is no formal measure of jobs provided in the tourism industry. These jobs are often included in other sectors of the economy, such as transportation. However, in 2005, there were 469 employees working in the leisure and hospitality sector (borough- wide), many of whom serve Borough visitors. The Borough tourism industry's most important asset is the large amount of easily accessible public land and water available for recreational use. A wide variety of year - around outdoor activities are available to tourists on the Kodiak Archipelago, including hiking, fishing, hunting, wildlife viewing, adventure activities, and camping. The Kodiak area offers many charter boats, fish camps, float trip guides and outfitters and wilderness lodges. Tourism services and facilities offer a broad range of accommodations (hotels, bed and breakfast and lodges). Outside of the City of Kodiak and its associated road system are six Native communities. Each community has unique cultural traditions, offering varying levels of tourism facilities and services. Communities with the most tourist facilities (lodging, charter fishing, guides and outfitters) are Old Harbor, Larsen Bay and Ouzinkie. The vast majority of Kodiak Island visitors take part in recreational and tour activities outside the populated areas. The greatest tourism development challenges for the Borough are in the areas of infrastructure and attraction development in smaller communities, accessibility problems due to weather, and marketing. Kodiak is more difficult to reach than other visitor destinations within the state because it is a non -road connected island. Many tourists perceive Kodiak as difficult to access because of poor weather conditions. In fact, 95 percent of scheduled commercial flight operations are completed annually. However, the lack of runway lights, navigation aids and poorly configured runways does create difficulties accessing the outlying communities in bad weather. Many challenges still exist in many of the smaller communities within the Borough. While these communities have a great many assets to draw upon in attracting visitors, most have yet to develop their potential or to build the basic infrastructure necessary to accommodate visitor needs. Issues: Support for Tourism. Comprehensive Plan meeting participants suggested infrastructure improvements and other actions to support the tourism industry. Residents of many of the smaller communities also have identified dock improvements that would allow passenger ferry service, as important for supporting tourism and other local needs. Nearly 80% of participants in a Borough -wide telephone survey identified them as important or very important. Participants in Case 03- 011 /Staff Report Page 10 of 28 September 20, 2008 Public Hearing Item VI -A some meetings expressed a concern that allowing for too much tourism could adversely affect rural communities and/or create conflicts between visitors and residents. However just over 40% of participants in the Borough -wide phone survey believe the benefits outweigh the costs and another 30% think the costs and benefits are about the same. A balanced approach to tourism marketing that will help balance the economic decline in commercial fishing and other industries, while minimizing adverse impacts on local communities is recommended by some. Sport fishing, Guiding and Subsistence Fishing and Hunting: Community members noted the importance of ensuring that elected representatives understand the importance of sport and subsistence fishing, in addition to commercial fishing. Some studies indicate that the sport fish catch is more valuable to the local economy per pound than commercial fishing. There is a need for local registration areas to protect local hunters and guiding outfits. Economic Diversification. Comprehensive Plan meeting participants noted that, while it is important to support fishing and tourism, action should be taken to diversify the Borough's economy and support other economic sectors that are less cyclical and/or seasonal. Over 70% of telephone survey participants say this is important or very important. Some potential examples include: improving economic opportunities in outlying villages, particularly for young people; potential changes in tourism, including opportunities for increases in small cruise ship visits; recreational tourism, including large yacht traffic; and the potential for increase meeting and conference activity. Goal: Enhance the Visitor Industry's role as a significant component of the Kodiak Region's Economy. Policies: • Help monitor tourism development efforts to minimize adverse impacts on local communities. Goal: Diversify the overall economy of Kodiak Region. Policies: Case 03-011/Staff Report :• Assist in the economic development of the outlying communities of Kodiak Island in cooperation with city governments, Tribal Council, Koniag, KANA and others, and consistent with local community goals identified in this plan and other planning efforts. • Encourage and facilitate small business development on Kodiak Island. Page 11 of 28 September 20, 200 Implementation Actions: ❖ Assist local government entities with their efforts to secure funding for capital improvement projects. Goals, Policies & Implementation Actions (Housing) According to the January 2008 MB Comprehensive Plan Update, there are 68 total single - family detached housing units in Larsen Bay. This figure may not reflect the use of some housing units as seasonal lodges and Bed & Breakfasts however. According to Census data, about 43% of all housing units in Larsen Bay were built during the 1980 to 1989 time frame. Only 3% of the total housing stock has been constructed since 1990 which indicates that 54% of all Larsen Bay housing was constructed in 1979 or prior years. Kodiak Island Housing Authority developed 28 housing units in Larsen Bay originally. These units were intended to allow the property owners to accrue equity in the properties on a "lease to own" basis, eventually culminating in a full conveyance of ownership. According to the Plan update, 10 units have been conveyed into private ownership since this program was begun with 18 housing units still in KIHA ownership. There is no housing affordability data or future needs information in the plan that specifically references the Larsen Bay. Based on the declining population of the community that was mentioned previously it is hard to imagine that the cost of housing in going up on the basis of unsatisfied demand for housing. In addition, the cost of heating fuel and other utility services in Larsen Bay is likely to be burdensome to a typical householder such that it would likely serve as a significant off -set to any savings obtainable in the housing market through reduced demand. This condition may be making the acquisition of residential property and structures to be used for seasonal income purposes, i.e. lodges, vacation rentals, bed & breakfasts, etc., may eventually make it harder to reverse the current trend of dwindling residential population. This may also be contributing to the current difficulties in maintaining a stable community leadership structure as the members of the community depart Larsen Bay or become seasonal -only residents,•thereby not qualifying for city leadership positions. There is a recognized need for new or improved teacher housing which was a universal concem in all of the outlying communities as a means to improve the quality of life and thereby encourage teachers to stay in the communities longer. Along the same lines is a growing need in all communities to provide improved hosing forms and services for elders so that they may be able to stay in their home communities throughout their later years without having to move to a larger community to obtain the age specific services they may need. There is no vacancy rate housing data specifically called out in the plan for Larsen Bay. Staff believes a reasonable inference to the data that is available however may point to the possibility of vacant residential units and vacant residential properties becoming a relatively cheap and affordable target for conversion to seasonal lodge or hospitality trade use. Given the somewhat random manner in which these properties may be acquired for these purposes, the only way to ensure some balance of land uses in the community is through judicious plan implementation, systematic zoning, and disciplined code enforcement. Case 03- 011 /Staff Report Public Hearing Item VI -A Page 12 of 28 September 20, 2008 Once residential properties are designated for non - residential purposes (and lodging (except for bed & breakfast) is generally a considered a business /service, not a residential use), it will be much harder to reverse course should the population trend in the community have an opportunity to reverse course at some point in the future. Staff believes that unless there is a determined mind set to reserve a certain amount of land for housing within the existing Townsite, a determined trend of residential to commercial zoning conversion in Larsen Bay could at some point become an impediment to such a population trend reversal. Goal: Help ensure that an adequate supply of land for housing and a sufficient stock of housing, including affordable housing, are available for Borough residents. Policies: ❖ In partnership with local communities, Tribal councils, Native Corporations, the Kodiak Island Housing Authority and others, help ensure that there is an adequate supply of developable residential land to meet long -term housing needs throughout the Borough, including housing for seniors. Support efforts to improve and/or identify adequate teacher housing facilities in outlying villages and cities. ❖ Work with local communities and residents to support development of . alternative, less- costly fuel or energy sources. Implementation Actions: ❖ Explore ways to address or mitigate the high cost of heating oil for Borough residents, particularly for households with limited incomes. ❖ Continue to work closely with the Kodiak Island Housing Authority to support programs to provide housing to individuals and households with limited incomes. ❖ Identify possible locations and funding sources to construct senior housing facilities in the City of Kodiak and outlying communities. Goals, Policies & Implementation Actions (Transportation) Public Hearing Item VI -A Larsen Bay is served by at least two regularly scheduled flight services and a number of charter flight service operators. The Larsen Bay airport is maintained and operated by the State of Alaska, Department of Transportation and Public Facilities. The length of runway is approximately 2,700 feet and the airport is one of the few outlying runways to have runway lighting installed. The airport runway is unpaved and is limited to serving relatively small and slower moving aircraft. The community has expressed a desire to lengthen the runway to serve larger aircraft that could flight directly between Larsen Bay and Anchorage rather than having to go through Kodiak as the regional hub. At present it does appear that ADOT/PF is moving towards longer runways for outlying community airports, but it is unknown whether the current runway length standard would satisfy the community's perceived need or whether the airport is situated in a location suitable for such improvements. Case 03- 011 /Staff Report Page 13 of 28 September 20, 2008 The fact that Larsen Bay has regularly scheduled air transportation services, coupled with its local infrastructure is probably why the community has become a popular destination for recreationists and lodge clients. In addition, the present quality and abundance of fish and game are also factors that make Larsen Bay a desirable tourist destination. Ground transportation in Larsen Bay is by POV and ATV. Given that the roads in Larsen Bay are unpaved, it would be advisable to restrict commercial lodge traffic to the main thoroughfares to the greatest extent possible. Access drives directly onto an arterial or collector class street should be encouraged if not outright required in the context of commercial vehicle traffic in close proximity to residential land and uses. Goal: Improve air transportation between the City of Kodiak, MB villages and the rest of Alaska. Policies: The City of Larsen Bay also operates a small boat harbor that was constructed by the State of Alaska Department of Transportation and Public Facilities. This is another desirable feature of the community that helps to encourage and support local charter and transporter activities in addition to local subsistence and commercial fishing. At the time of this writing staff does not have a count of the total number of slips available in the harbor and how many are committed to long term use agreements. Issues: Marine Freight Service. Residents expressed the need for marine freight service, which was recently discontinued by the primary carrier for most rural communities. Goal: Improve facilities for water transport of passengers and freight. Policies: Case 03- 011 /Staff Report Public Hearing Item VI -A • Support local communities in identifying future land and facility requirements for landing strips and airport expansion and identify appropriate sites. • Repair and expand old runways to accommodate new aircraft and to enhance economic opportunities. 4. Support regular air passenger and freight service to all communities within the Borough. • Explore the feasibility of regular ferry service to communities off the road system to reduce the cost of freight and passenger transport, support economic development goals and provide a wider range of transportation options for residents and visitors to those communities. Page 14 of 28 September 20, 2008 Public Hearing Item VI -A Implementation Actions: ❖ Promote an ADOT &PF feasibility study for an Alaska Marine Highway System regional ferry system based in Kodiak to improve passenger and freight haul costs and reliability. 4. Construct and/or improve docks, harbors and boat launch facilities in communities throughout the Borough. Identify land and facility needs for such facilities. Other Issues: Maintenance: Maintenance of the existing transportation system should be prioritized. In addition, local, regional, and state jurisdictions should work collaboratively to document and monitor maintenance needs, funding, and expenditures. Improved Coordination. Better communication and coordination among ADOT &PF, KIB, and cities is needed to efficiently plan for future transportation systems, including in rural areas and other communities where additional growth may be expected. Resolution of planning and construction schedules and cycles among different agencies also is important. Land Use and Transportation Coordination. Development, land use and .transportation are inextricably linked and need to be coordinated to ensure facilities are adequate to serve current and future residents and that new growth does not overwhelm individual facilities or intersections. Development and maintenance of transportation facilities also should support demand for recreational use and facilities, including parks, open space and trails. Goals, Policies & Implementation Actions (Public Services and Facilities) The City of Larsen Bay operates and maintains nearly all infrastructures serving the city residents. Two notable exceptions are the airport and the telephone system. The city operates and maintains a water and sewer system. The sewer system only serves the east half of the community however, lots in the west half are served by on -site septic systems. The sewage is only provided treatment through a septic tank system before the effluent is conveyed to an off- shore mixing zone through an outlet pipe. One public hearing notice and several phone calls have expressed concerns with the adequacy of the sewer system and in one instance partial system failure was being alleged. The property owner indicated that raw sewage perceptible by its odor was being observed at certain locations in the eastern portion of the community. This will bear further investigation when staff and the commission are in Larsen Bay, although the actual responsibility for regulating such wastewater systems rests solely with the Alaska Department of Environmental Conservation (ADEC). For those lodges utilizing on -site septic systems, an effective clause would likely be appropriate similar to what was required for the Chiniak Winery rezone to ensure that onsite systems meet applicable ADEC standards before allowing any zoning change to become effective. Case 03- 011 /Staff Report Page 15 of 28 September 20, 200E Goal: Provide reliable water supplies and sewage treatment systems. Policies: Policies: Case 03- 011 /Staff Report Public Hearing Item VI -A ❖ Work with local communities to support upgrades to water supply systems to reduce water loss and provide for adequate distribution. ❖ Work with local communities to improve public and private sewage disposal systems to prevent the contamination of private wells and the pollution of wildlife habitat and other natural resources. ❖ Encourage development of public water and sewer facilities Borough - wide. ❖ Support local community efforts to maintain, improve and expand sewer and water facilities, as needed. Implementation Actions: ❖ Work with local communities to support upgrades to water supply systems reduce water loss and provide for adequate distribution. ❖ Work with local communities to improve public and private sewage disposal systems to prevent the contamination of private wells and the pollution of wildlife habitat and other natural resources. ❖ Encourage the development of public water and sewer facilities Borough - wide. ❖ Support local community efforts to maintain, improve and expand sewer and water facilities as needed. The city owns and operates the local landfill. In recent years the city has obtained grants to fence and improve the landfill in order to make it less attractive to bears and more compliant with ADEC and EPA regulations. Lodge uses while often seasonal have the potential to transport large amounts of food and consumer goods in support of staff and clients which can increase the amount of trash that is subsequently disposed of in the landfill. Staff has requested information on the operation of the landfill and the usage rates charged for this service; however the information has not been received as of this writing. It is not clear to staff exactly how fish waste and offal from lodge related fishing and hunting activities are being dealt with in order to minimize negative bear interactions and to ensure that public health and sanitation is protected. Goal: Maintain and improve solid waste disposal services and facilities. •S Maintain and upgrade the solid waste and landfill facilities within the KIB, in collaboration with local communities. ❖ Coordinate with state, federal and local agencies to identify, fund and implement optional disposal procedures for marine wastes. ❖ Explore and promote additional economically sustainable opportunities for recycling and waste reduction. ❖ Support efforts or programs to remove metal waste and other large or hazardous waste products from local communities, particularly those off the road system. Page 16 of 28 September 20, 2008 Public Hearing Item VI -A • Support local community efforts to address scavenging bears at solid waste landfills. The city owns and operates the local electrical power system, which includes a combination of hydro - electric and diesel generators, along with all the distribution lines and transformers. The distribution system is largely located underground with occasional transformer pedestals strategically located to facilitate power distribution and maintenance. One downside to the hydro - electric power system is that the penstock for the system is the same reservoir that provides drinking water to the community. Given that the community does not have a suitable backup water supply, the water level in the reservoir requires constant monitoring to ensure that domestic water supplies are not sacrificed for the sake of electrical power. The city can switch to diesel fired generator sets in this event, however the result in a significant increase in the electrical production costs to the entire community. It is staff understanding that there are no electrical meters in Larsen Bay and that the utility rate is based on a flat rate system. While it is not appropriate to get too deeply into the city's business regarding utility rates and operating costs, the capacity of the city to reasonably provide electricity and other municipal services should be a principal focus of this investigation. The city has in fact provided a city council resolution indicating the infrastructure of the city to currently be at capacity such that additional lodging or other facilities cannot be supported. Although the city could conceivably raise service rates to compensate by raising additional revenues, it has to balance this prospect against the potential of pricing out other residential and governmental service providers. Goals, Policies & Implementation Actions (Education) The Kodiak Island Borough owns the Larsen Bay community school building and it is responsible for major maintenance of the building. The Kodiak Island Borough School District (KIBSD) is responsible for providing the school curriculum and day -to -day building maintenance. It does not appear that the rezone of land to support lodges will at this point have a significant impact on the school however should the number of students enrolled fall below 10 students due to the overall population decline of the community, the school will be closed according to KIBSD policy. Goals, Policies & Implementation Actions (Public Safety, Fire Protection, and Emergency Services) Larsen Bay has one full -time VPSO to provide public safety services to the community. The community also has a volunteer fire department with one fire truck and a smaller "fire trailer ". Both pieces of equipment are available for fire response within the community. The community also has a 20 foot shipping container with oil spill cleanup supplies in order to generate an initial response in the event of a reportable petroleum spill. The city has a tsunami shelter located above the Townsite in case of a major tsunami event. Staff does not know whether the facility is sized to accommodate large numbers of tourists in addition to the full -time residents of the community. Given that many of the proposed lodge zoning areas area located along the shoreline areas some thought may need to be given to this possibility. Case 03 -011 /Staff Report Page 17 of 28 September 20, 2008 The community has a small medical clinic which is operated by the Kodiak Area Native Association. Not much more is known about the number and qualifications of staff working at the facility or what the general hours of operation might be. Policies: Goal: Support the state, cities and local service districts in continuing to provide adequate law enforcement, fire protection and other emergency services. Policies: Policies: Case 03 -01I /Staff Report Public Hearing Item VI -A • Endorse efforts of local communities to retain village public safety officers (VPSO's). • Support existing local fire protection districts and volunteer organizations; promote formation of new districts or groups within local communities where resources are available. Implementation Actions: + Coordinate with and provide technical support to local communities in addressing their fire protection and emergency response needs. Goal: Work with private, Native and other organizations to support provision of cost effective health care services for all Borough residents. • Support efforts by KANA and others to address health care issues in outlying communities. • The City of Larsen Bay supports a local Senior Center which is located within the principal city office building. The operation of the center is a collaborative effort between the Senior Citizens of Kodiak, Inc. and the Kodiak Area Native Association which provides congregate meals to senior citizens 60 years of age and older. Not much more is known about the staffing and operations of the facility the time of this writing. Goal: Support development of housing and associated services for seniors to meet current and future needs. • Continue to support efforts of the SCOK to develop senior housing and services, including options that allow for seniors to live independently in their own communities as long as possible, as well as assisted living or senior care facilities. • Continue to support efforts of KANA and the Kodiak Island Hospital to provide health care and related services for seniors throughout the Borough. Implementation Actions: Page 18 of 28 September 20, 2008 Goal: Help provide energy in a cost effective, energy - efficient manner, in part to address the effects of high costs of fuel. Policy: Policy: • Explore specific tools to encourage development or improvements to senior houS , suclk. as tax breaks, flexible development regulations, and technical assistance Mr grant writing. • ❖ Promote alternative uses of energy and conservation. Implementation Actions: ❖ Develop a borough energy plan in coordination with statewide planning programs. ❖ Explore opportunities for new hydroelectric, tidal, or wind power facilities in local communities throughout the Borough; utilize case studies and best practices from similar projects in other communities. ❖ Explore the feasibility of providing subsidies to low income households to assist in paying for the cost of heating and/or electricity bills. Goals, Policies & Implementation Actions (Parks & Recreation) Probably the biggest reason for Larsen Bay to be a tourist and recreation destination is its location abutting the Kodiak National Wildlife Refuge. That, and its proximity to marine waters which provide access to many productive fishing and hunting areas makes Larsen Bay an ideal location for lodging operations. The City of Larsen Bay provides a great deal of infrastructure support that would ordinarily be unavailable or very costly to provide in a remote lodge setting, such as the state sponsored airport, small boat harbor and community electrical system. In addition the location of the community serves as an intermodal transportation node where travelers may transition from one form of transportation to another if they are heading for a recreational area or activity outside of the Larsen Bay Townsite. In addition to the marine waters, hunters, fishers and recreationists may also travel overland by ATV to Karluk Lake and the Karluk River drainage. Staff understands that access to this area may be subject to KNWR permit limitations through a joint agreement of the Refuge and the Koniag Native Corporation which controls much of the land involved. Goal: Maintain and/or improve access to public recreational lands, including via Native Corporation or other private lands, where possible. Implementation Actions: Case 03-011/Staff Report Public Hearing Item VI -A ❖ Support acquisition of easements, land or other methods for accessing recreational lands and resources. Page 19 of 28 September 20, 2008 Policies: Policies: Case 03- 011 /Staff Report • Public Hearing Item VI -A • • Establish criteria and a process that can be used to identify and prioritize specific areas where access is needed and desired by community residents and visitors. • Investigate and assess the feasibility of specific tools for establishing or requiring access; determine which tools are most appropriate for specific conditions or situations. Goal: Ensure the long -term viability of and maintain a high level of quality of the recreation experience in Kodiak for both residents and visitors. • Support the development of recreational facilities in village communities and other designated areas within the KIB; encourage communities to develop and update local recreation plans. Goal: Ensure that commercial recreation and tourism and private recreation activities minimize adverse impacts on the environment and other private landholders. • Work with public land managers and private landowners to develop and implement policies and regulations for the intensity and density of permanent recreational facilities and temporary recreational activities. • Assess cumulative impacts and identify carrying capacity considerations associated with commercial recreation and tourism development in the KIB. ❖ Consider implementation of requirements for remote recreation activity such as concentrating the development in specific nodes or permitting clusters of commercial recreation and tourism development in selected locations. Implementation Actions: • Evaluate the impact of commercial recreation and tourism development on sensitive fish and wildlife populations and their habitat, cultural resources and water quality. • Consider the costs of commercial recreation and tourism on adjacent landowners. Chapter 10 - Environmental Oualitv As previously mentioned, the City of Larsen Bay provides the community with a supply of potable treated water. The water shed for the city reservoir is located south of the Townsite and extends substantially into the KNWR. While unlikely to affect the water supply, potential sources of water pollution to the surrounding marine waters include: 1) community sewage outfalls; 2) failing on -site septic systems located close to tidewater; 3) fish processing and waste disposal; and 4) non -point pollution sources. Page 20 of 28 September 20, 2008 Public Hearing Item VI -A Of particular concern in this regard is the adequacy of the existing community wastewater system and the adequacy of on -site septic systems located in the west half of the Townsite. Although ADEC and other federal agencies don't have a presence in remote areas of the state, they do still have regulations that must be met by the operators of community sewer systems or on -site wastewater systems that is used for commercial purposes. There are also state and federal regulations pertaining to air quality, but this seems to be a lower priority issue in the outlying communities. The KNWR and private land owners such as the Koniag Native Corporation are in the best position to regulate the habitat values on the land under their control. Indeed they would be the responsible parties for any activities taking place that might violate existing environmental regulations assuming that more culpable parties cannot be identified. The more activity in an area that relies upon motorized transportation the more chance for oil or fuel spillage to occur. In addition, these activities will produce over time waste products such as waste oil and antifreeze contaminated water as a by- product of vehicle use. Certainly this is already a reality for year around residents but the advent of many lodges may cause a spike in such waste products due to the relatively short and intense tourism season. It is unknown as of this writing just exactly how these wastes are currently being disposed of. In addition to the fish and wildlife resources that are the main attraction for tourists and recreationists, there are many other desirable attributes of the area which may attract visitors such as scenic resources and historic resources. These resources are usually considered a side benefit to other recreationist activities, however in each case recreational use and the development that supports it may inadvertently have an impact on these resources if the siting and development of support facilities, such as lodges, are allowed in an unregulated fashion. Because much of the uplands are owned by the KNWR and private Native Corporations, these land owners are more likely to exert control over scenic and historic resources. In some regards it makes sense to have lodges concentrated in a Townsite area such as Larsen Bay rather than having them dotting every viable location along the shoreline. So long as the community can provide adequate infrastructure support at an affordable cost and the lodge uses contribute to the community in other economic ways to provide an off -set for seasonal impacts. A number of potential impacts are mentioned in the comprehensive plan, 1) wasted and contamination disposal practices that might impact watersheds and drinking water quality. Chapter 11— Please see attached excerpt GENERAL COMMENTS The petitioners have requested a rezone of 8 lots in the Larsen Bay Townsite Subdivision to be rezoned from R1- Single - family Residential to B- Business. The property owners currently have a combination of residential and lodge use established in the rezone area although a number of the lots included in the request are currently vacant. In the following text, the comments that are Case 03 -011 /Staff Report Page 21 of 28 September 20, 2008 CONFORMANCE WITH THE COMPREHENSIVE PLAN: Public Hearing Item VI -A unique to each request will be bifurcated and numbered separately so that each owner/lodge operation will be addressed separately leading to multiple recommendations and motions. The B- Business zone was determined to be the only zone that would permit the uses requested by the petitioner's and not result in nonconformity of the lots due to inadequate lot size. The Rural Neighborhood Development zone requires a two (2) acre minimum lot area. Because this area is served by municipal water and (onsite or community) sewer the B- Business zone can be applied, although this zone permits a very broad range of commercial and service related uses in addition to the uses currently located on the site. The 2008 MB Regional Comprehensive Plan Update designates the rezone areas as a combination of Business, Mixed -Use and Residential as follows: Request No. 1: Lots 1, 2 and 3, Block 1, (Carlson). Lots 1 and 2 are designated for Mixed -Use and Lot 3 is designated for Conservation. Staff it not clear how this designation was determined, however the KIB tax assessment records indicate that Lots 1 and 3 are developed with residential and lodge uses and that Lot 2 is vacant. As one of the oldest (if not the oldest) lodge in Larsen Bay, it will be important to reconcile the existing development pattern with the comprehensive plan designation. It will be important to keep in mind the general nature of these designations rather than unquestioningly following the map depiction. The Mixed Use designation can be considered in the multiple terms of commercial, waterfront or residential uses and zones. In this case, it seems appropriate to consider, at a minimum, the developed lots for B- Business zoning given the relatively isolated nature of the complex at the end of the main street (Third Avenue) and the fact the site is abutting Uyak Bay on one side and the Larsen Bay Airport on the south side. an R 2 n on a recent as-built survey submi important r t will be keep mind the • •nimum, omplex at odge §hare o zoning c e site as v rela • • equest No. 2: Lots 2 and 3 Block 2; Lots 1 and 2, Block 3 (Uvak Bay Lodge, LLC). Lo Block 2 are designated for Commercial and 1 and 2, Block 3, are desi • for Reside located on These designations are complicated by the fact that the main lod • uilding is 1, Block 3 (designated Residential) and a portion of th . joining ROW. Although there ar umber of access drives approaching the lodge p. , Lots 2 and 3, Block and Lot' 2, Block 3 ar ently vacant of any permitted struc ' evelopments. It should be noted that there is an un -pe ' ed accessory building locate In Lot 2, Block 2, which appears for a related ROW cation request. Case 03-011/Staff Report mportant to eep to min a neral nature of these designations rather than questioningly following the map d ion. In case, it seems appropriate to consider, at a the developed lots fo : usiness zoning n the relatively isolated nature of the the end of the . in streets (Third Street and and Street). Although the main s a boon.. •th a residential developed property (. :, Block 3) there have been ompl • filed on the lodge use and/or structures as curren configured. Although limited frontage abutting Uyak Bay, the lodge building appe o be located with unrestricted view to the Uyak Bay. Page 22 of 28 September 20, 08 Res uest ' o. . a s _ 2 Tamm Helms . Lot r esidential development. The lot has an - • • • . - een an intersection of streets >; meander line along Uyak Bay. The property is currently vacan ZONING/USE: Request No. 1: Lots 1, 2 and 3, Block 1, (Carlson). The lots area currently zoned R1- Single- family Residential. The proposed rezone would make the lots B- Business, which is the primary commercial district applied in the City of Kodiak and in Womens Bay. The B- Business zone permits a wide range of commercial uses and services, which the Commission should look at closely to see whether there are any potential uses allowed which might create a conflict for the surrounding area, which is also zoned R1- Single - family Residential. The B- Business zone permits single- family residential use when it is located in a structure containing a permitted commercial use, subject to certain limitations on the basis of floor area and residential area in relation to street frontage. It is possible that the rezone, if approved, could create a nonconforming use or structure on one or more of the lots. Additional information would be required about the existing structures and their floor plans in order to say for certain what the outcome would mean. Staff notes that there are reduced off - street parking requirements in the villages for either residential or commercial uses. As discussed in prior cases for after rezones some thought should be given to the potential for effective clauses to be attached to the zoning recommendation that would require the property owners to obtain after permits and inspections that would normally be required in the development process. This could include, but is not limited to, zoning permits and building inspections, fire marshal plan reviews, ADEC review of on -site wastewater systems, etc. Request No. .. d 3 Block 2• Lots 1 and 2 Block 3 (Ujak Ba , C . Same comments as for Request No. 1. Block 2 Tamm Helms Re 'u Same comments as for eq LAND SUITABILITY: Reaafest No. 2: Lo ents as for Case 03 -011 /Staff Report ues f Public Hearing Item VI -A Request No. 1: Lots 1, 2 and 3, Block 1, (Carlson). The land appears to be suitable as the lodge use and structures have been established at this location for a number of years. The lots are served by water, sewer, electrical and telephone utilities. Staff notes that a large portion of the rezone area being located so close to the shoreline may be subject to tsunami hazard and storm surge. The lots range in size from 9,425 Sq. Ft. to 46,362 square feet, and representing a total area of 5.46 acres requested for rezone. and 3 Block 7 . 1 and 2, Bl 3 (Uvak Ba ,i✓odge, LLC). ame t No. 1. Page 23 of 28 September 20, 2008 Re I u O. 3: Lot 4 BI . 2 Tamm Hel RECENT DEVELOPMENT TRENDS IN THE AREA: Same comment ' as for Request No Public Hearing Item VI -A Request No. 1: Lots 1, 2 and 3. Block 1, (Carlson). The residents of Larsen Bay have been requesting an update to the community comprehensive plan for many years. As a result of the time to accomplish this task these cases have been postponed for five years or more. During that time, the lodge uses in the community have continued to develop and evolve without the benefit of any discernable development permitting. Staff is aware that there may be a number of other commercial lodge operators or bed & breakfast operations doing business in the Larsen Bay community that are also out of compliance with the R1- Single- family Residential zoning but for which no rezone application has been received at this time. A likely consequence of this case and other pending rezones is that the community awareness will be raised regarding the applicability of zoning and planning in the community (as administered solely by the Kodiak Island Borough. Future complaints for non compliance with zoning may result in zoning enforcement action in order to increase zoning compliance in the community. Staff has limited its review in this case to that area requested for rezone by the petitioners. Future rezone requests in Larsen Bay will likely reviewed on a similar case -by -case basis. As previously mentioned, the B- Business zone does not lend itself to the mixed use zoning approach because of the wide range of uses that are permitted in that zone. It is expected that the B- Business zone will require the same degree of segregation from residential uses and structures as- r it currently does in the City of Kodiak and along the Kodiak road system. One of the more significant issues to be addressed in this case is the indication from the Larsen Bay City Council (Reso. No. 08 -05) that city infrastructure may be inadequate to support additional commercial lodging operations. Staff has taken note that during recent years there has been a great deal of turnover in the office of mayor and city office staff. In; addition to the physical limitations of the system this turnover may have affected the city's continuity of operations and its ability to consistently administer the utility systems upon which the city relies. In order to research this issue further staff obtained a RUBA report from the State of Alaska along with a utility rate study for the Larsen Bay Community. Based on the information • contained therein, it appears that the community is not rated as "sustainable" under state economic and financial guidelines. Currently the city is working to address the deficiencies noted in the RUBA report, however it will take considerable time in order to correct the issues noted and obtain a "sustainable" rating. While this report does not get too deeply into the details of the city's financials, staff believes that the state staff assigned to investigate the Larsen Bay community have provided a diligent and thorough assessment which appears to be consistent with the more general concerns indicated by the Larsen Bay City Council. Case 03- 011 /Staff Report Page 24 of 28 September 2C, 2008 The Larsen Bay Tribal Council also provided comments indicating concerns about archeological resources that may be located in the proposed rezone area. Denial of a zoning change is no guarantee that development will not occur in this area, however it would discourage commercial development which is typically more intense than residential development. r Re ' uest No. . Lots 2 and 3 Bloc Lots 1 and 2 Block 3 ak Ba od • e LLC . ,Same commen s for Request No. 1. R. uest No. 3: Lot 4, Bloc 2, (Tammy Helms). Same comm- s as for Request ' o. 1. TRAFFIC IMPACTS: Request No. 1: Lots 1, 2 and 3, Block 1, (Carlson). Staff has not fielded any written complaints about vehicle traffic related to the residential or lodge uses located in the proposed rezone area. As previously noted under the Zoning/Use section above, there are reduced parking requirements in the villages because the number and availability of vehicles in the villages is somewhat limited. There are no current traffic counts available for the community. Without getting into a complicated discussion of traffic impacts, staff recommends that the traffic level be maintained at the current level by limiting the number of commercially zoned lots that might increase the potential for additional traffic generation. o. 3: Lot 4 Block mments as for ' quest No Re • uest No. 2: ots 2 and 3 Block 2• sts 1 and 2 Block 3 comments as Re ue Sam RECOMMENDATION Public Hearing Item VI -A Ba Lod e C . Same Request No. 1: Lots 1, 2 and 3, Block 1, (Carlson). Staff recommends that Lots 1 and 3 be rezoned from R1-Single-family Residential to B- Business in conformity with the existing lodge complex development pattern. Staff believes that any vacant lots which could be conveyed into separate ownership or developed with additional lodge structures should not be zoned to allow this potential development. As a result, staff recommends that Lot 2, be maintained in the R -1 zone or perhaps even zoned to NU- Natural Use consistent with the Conservation designation applied to Lot 3 in the 2008 plan. r Request :. 2: Lots 2 and reco ds that Lot 1, Bloc conf• ity with the existi lo which could be tinctures should recommends tha ots 2 and 3, Block 2 b NU- Natural U - consistent with the 2008 plan. 3 (Uyak Bay Lodge, LLC). Staff le- family Residential to : usiness in ent pattern. Staff believ - : at any vacant nership or developed 4 1 additional lodge is potential developme As a result, tall aintained in the R -1 zo or perhaps even z ed to nservation designation ap • red to Lot 3, Bloc , in the 3 B : ck 2: Lots 1 and 2, Blo , be rezoned from R1 -S' lodge complex develo veyed into separate be zoned to allow Case 03 -011 /Staff Report Page 25 of 28 September 20, 2008 f (4to 3e? Public Hearing Item VI -A Reques o. 3: Lot 4, Block 2, (Ta . y Helms) Staff recommends at Lot4, Block 2 not be rezo d from R1-Single-family ' esidential to B- Business. A previously indicated staff b- eves that any vacant lots ch could be conveyed into sep. , e ownership or developed with dditional lodge structure hould not be zoned to allow th' • potential development. This 1 also has other limitin '. ctors relating to size, shape, sho me and vulnerability to tsunami nd storm surge which • ake it less desirable for commerci. development. ,1 P e t olt EFFECTIVE CLAUSE Case 03-011/Staff Report APPROPRIATE MOTION Should the Commission agree with the staff recommendations, the appropriate motions are: Request No. 1: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 1, Lots 1, 2 and 3; frpm R1- Single- family Residential w B- Business, subject to an effective clause, and to adopt the "Findings of Fact" in the staff report dated September 10, 2008 in support of this recommendation. The preceding motion should be denied and the following motion adopted: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 1, Lots 1 and 3, fon R1- Single - family Residential IQ B- Business, subject to an effective clause, and to adopt the "Findings of Fact" in the staff report dated September 10, 2008 in support of this recommendation. 1. Prior to the rezone becoming effective, the petitioners will obtain zoning compliance for all structures and uses located on the developed lots located within the approved rezone area. Should the zoning compliance requirement not be met within 24 months of Assembly approval, this approval shall become null and void. The prece : mg motion should be denied and the following motion a Request No. : Move to recommend at the Kodiak Island B s ough Assembly prove the rezoning of sen Bay Subdivision, Tact A; Block 2 ots 2 and 3, and Block 3 ots 1 and 2, from R1 -Si gle- family Resin ntial to B- Business, subje to an effective clause, .1 to adopt the "FA dings of Fact" in the staff eport dated September 10 008 in support this recommendation. pted: Page 26 of 28 September 20, 2008 ve to recommend that the Kod' Island Borough Assembly approve the rezoning of Larsen Bay Su. - vision, Tract A; Block 3, Lot 1 ,fry Rl- Single- family Residential ► : -Business, ' ' ect to an effective cla and to adopt the "Find' i : of Fact" in the 2008 in support of th recommendation. EFFECTIVE CLAUSE 1. Prior to the rez all structures area. Sh Assem becoming effective, the petitioners will o d uses located on the developed lots locat ld the zoning compliance requirement no • e approval, this approval shall become null • u • void. Request No. 3: Move to recomme Assembly approve the rezoning Block 2, Lot 4 from R1- Single- adopt the "Findings of Fact" in support of this recomme The preceding motion should be den' FINDINGS OF FACT (Applicable to all requests; 1, 2 and 3) Public Hearing Item VI -A in zoning compliance for within the approved rezone met within 24 months of that the Kodiak Island Borough Larsen Bay Subdivision, Tract A; ily Residential 12 B- Business, and to the staff report dated September 10, 2008 ation. Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The purpose of the rezone is intended to create commercial zoning districts to accommodate existing lodge uses and structures located along the eastern edge of the Larsen Bay Subdivision. The petitioners have indicated that the rezone is needed as the only feasible way for them to move into zoning compliance status. This request has been held in abeyance for five or more years awaiting an update to the KIB Regional Comprehensive Plan and it is now time to make these long awaited decisions in order to restore and maintain the balance between residential and commercial uses in the Larsen Bay community. Because the community leadership capacity has diminished in recent years due to the turnover of leadership and administrative staff, the recommendations in this case are limited to those lots where existing lodge use and structures are established in order to maintain the status quo level of both commercial benefits to the community and related community impacts associated with lodge uses. The current RUBA report and associated utility rate study, in conjunction with the most recent resolution adopted by the Larsen Bay City Council indicate a need for change to occur in the community leadership and administration in order to re- establish continuity of government operations and restore community sustainability before more commercial development potential is considered for the Larsen Bay Community. Case 03-011/Staff Report Page 27 of 28 September 20, 2008 Public Hearing Item VI -A 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Kodiak Island Borough has not established a Mixed -Use zone in order to fulfill the literal intent of the plan designation. As a result, the Mixed -Use designation will need to be fulfilled on a case -by -case, lot -by -lot, zone -by -zone basis, in conformity with a generalized view of the comprehensive plan designations as previously discussed in the staff report. While the recommended zone changes are not entirely consistent with the explicit plan map designations in the 2008 MB Regional Comprehensive Plan Update, the recommendations do take into account existing development patterns, community comments, plan recommendations (generally) and the sustainability of the community infrastructure and social fabric of the community. Case 03 -011 /Staff Report Page 28 of 28 September 20, 2008 :M, P � 2 2002 Attachment 1 Larsen Bay Existing Conditions History and Culture The City of Larsen Bay is located on Larsen Bay, on the northwest coast of Kodiak Island. It is 60 miles southwest of the City of Kodiak and 283 miles southwest of Anchorage. The area is believed to have been inhabited for at least 2,000 years. A tannery was operated on Uyak Bay in the early 1800's. A cannery was built in 1911 by the Alaska Packers Association. The City was incorporated in 1974." Larsen Bay is a place of great beauty, and visitors come from all over to experience it. Today Larsen Bay is a community with a rich and mixed heritage that is rooted in the old Alutiiq traditions with a strong Scandinavian heritage that arrived beginning in the later 1800's with the fishing industry. Larsen Bay is named for Peter Larsen, a local trapper, furrier and guide. Population and Housing The 2000 U. S. Census found a total of 115 people living in Larsen Bay, of whom 78% were of American Indian or Alaskan Native (Al /AN) descent. Nearly all of the remaining residents are identified as white. The 2005 population estimate was 97, consisting of 79.1 % Alaska Native or part Native. Many residents of Larsen Bay are descended from the indigenous Alutiiq people. The 2000 Census showed 70 housing units in Larsen Bay, of which 40 were occupied and 30 vacant. This 43% vacancy rate was the second - highest in the Borough behind Karluk. Among the occupied units, 32 (80%) were owner- occupied and eight (20%) were renter- occupied. All housing units were detached, single - family homes. The City's average household size of 2.88 persons was among the lowest in the Borough. A significant portion of the City's housing units (43 %) was built between 1980 and 1989. Only 3% were built in 1990 or later. The remaining 54% of units were built throughout the 1940's through the 1970's. Local Government • Larsen Bay is incorporated as a second -class city, and is governed by a seven - person City Council that includes the Mayor. Council members serve staggered three -year terms. In 2005, there was an average of 13 municipal staff (Department of Labor and Workforce Development). The City brings in a limited amount of revenue via a 3% sales tax. Most municipal funds come from service charges and other revenue sources." The City and other local organizations currently provide the following services: 4 Street and sidewalk maintenance, with assistance from the Tribal Council 4 Electricity 4 Water and sewer 4 Health services provided by KANA 4 Cemetery Kodiaklsland BOROUGH Comprehensive Plan Update Chaptc Eh-.En Commurrties oa7C ioa ce , e 'cLn fill flit s = t Q Ch,it,tcr Eh v«, 1 ,, .�I Cn nnihc Figure 11.3 KodiaklsIand BOROUGH Comprehensive Pian Update Pagc 2 1 . ;; January 2000 Pagc ,? Ja i..m�, 2008 4 Library, senior facility and Culture Center operated with assistance from the Tribal Council and Kodiak Senior Services 4 School /educational services provided through the Kodiak Island Borough School District and Kodiak Island Borough (selected maintenance and improvements) 4 Small boat harbor 4 Solid waste management 4 Emergency response provided through the Community Emergency Response Team The Natives of Larsen Bay Tribal Council is recognized by the Bureau of Indian Affairs as the official governing body for the Native Village of Larsen Bay. The Tribal Council has a full time President and seven members of Tribal Council. The Tribal Council has not yet specified its jurisdictional territory. Land Management and Use The Borough is responsible for all planning and zoning within the City of Larsen Bay. The KIB Community Development Department prepared the 1984 Larsen Bay Comprehensive Development Plan, which describes the conditions that existed in the community at that time, identifies local issues and establishes goals and objectives for the community. More recently, the City prepared the 2006 Larsen Bay Community Plan, which includes similar content. In the event that provisions of either plan related to land use or zoning conflict with this KIB Comprehensive Plan, the Borough -wide plan shall take precedence. The following KIB zoning districts apply in Larsen Bay: 4 Business (B) 4 Light Industrial (LI) 4 Public Use Land (PL) 4 Single Family Residential (R -1) Current zoning designations are shown on Figure 11.3. A subsequent draft of this Plan will include a map of proposed future land use designations based in part on the results of Comprehensive Pion update meetings. A local village corporation, Nunachkpit, was formed for Larsen Bay under the American Native Claims Settlement Act (ANCSA) . Nunachkpit later merged into the Koniag, Inc. Native Corporation. As a result of this merger, Koniag owns and manages much of the land immediately adjacent to the City of Larsen Bay and of the neighboring Karluk River Drainage, including both the surface and sub - surface estates. The federal government also owns significant land holdings near Larsen Bay, which are part of the Kodiak National Wildlife Refuge. Commercial access to refuge lands for hunting and fishing is strictly regulated, and Larsen Bay residents rely on access to both Koniag and Refuge Lands for subsistence and commercial guiding and fishing activities." Kodiaklsland BOROU CompnheaaWe Pfau UpG date Chapter Et[ .• Lrcrl Communities Economic Development The 2000 U. S. Census showed that the City had a 10% unemployment rate. This does not include the nearly 42% of adults over age 16 who were not in the workforce (i.e., were not employed and were not seeking work). The median household income was $40,833, and 21% of all residents were living below the poverty level. Larsen Bay is one of only two outlying communities on Kodiak Island that has a local cannery outside the City of Kodiak. The other is located near (but not technically within) Ahkiok. The cannery is an important resource in that it could allow for halibut to be processed and frozen year round. The City also has six lodges, two of which are open year round. A study of employment and jobs held by local residents was conducted as part of the Larsen Bay Community Plan process. According to this study, there were 222 employment positions in the community, but only 12 of those were full time. Thirteen of the jobs were part-time, and 187 were seasonal. Only 11 jobs in the community included some form of benefits. The majority of seasonal positions (160) are associated with the Icicle Seafoods cannery. Many of those jobs are typically held by non - resident workers. Transportation and Public Facilities The City of Larsen Boy provides electricity, water, sewer and solid waste disposal services. The City also is responsible for road maintenance, which is financially supported by the Tribal Council. The roads are not paved and do not have streetlights, and road dust is often a problem in summer. The City has a small boat harbor, with limited facilities. The state of Alaska owns a small 2,700 - foot gravel airstrip that receives regularly scheduled flights from small aircraft charter companies located in the City of Kodiak. The City provides maintenance services to the airstrip. State planning calls for the airstrip to be extended to 3,300 feet to accommodate larger aircraft. A new fuel tank storage facility was recently completed and allows for increased fuel capacity for the community. Electricity is, in part generated by a small hydroelectric plant located about a mile from town. It is anticipated that the plant may need to be upgraded to continue servicing the community. The Kodiak Salmon Packers cannery currently maintains its own electrical generation plant. Water and sewer facilities are reportedly in generally good condition as of preparation of this Plan, with some improvements needed to sewer pump stations and selected water distribution pipes. The City is also served by some individual septic systems. No major improvement needs were identified by the City during the Larsen By community planning process. Healthcare services are provided by KANA, which operates a small clinic staffed by two health aides. These health aides provide assistance for minor health concerns and first response Chapter Eleven local Cornmunihes KodiakIsland BOROUGH Comprehensive Plan Update Page 23 .- January 2008 Paq J_,. ., „ 2008 emergencies. There also is a Community Health Provider, who provides behavioral health support and services. KANA also provides some in- village physician and dental services through itinerant health care providers. KANA's services are available only to those who qualify under federal guidelines; so non - native residents may receive emergency assistance but must go to Kodiak for their healthcare needs. The community has one Village Public Safety Officer, as well as a volunteer fire department and some fire - fighting equipment, including one truck and one trailer that can be pulled behind a snow machine. Emergency response is provided through the five- member Emergency Response Team, in accordance with a community Emergency Response Plan. The City also supports a small library and Culture Center.'" Parks and Recreation With the exception of the Culture Center, there are no formal recreational facilities in Larsen Bay. Environmental Quality The local climate in Larsen Bay supports a wide variety of plants, animal and bird life. Marine mammals such as whales, sea lions, and seals are frequent visitors to Uyak Bay and are often visible from the City. Shellfish such as tanner and Dungeness crabs also are found. Mild earthquake activity is frequent in the area and several large earthquakes have been experienced in the past. The 1964 Great Alaskan Earthquake caused sustained ground shaking in Larsen Bay, but the resulting tsunami did not affect the community. Larsen Bay experienced a prolonged earthquake in 2000 that registered 7.0 on the Richter scale. Scientists continue to map and discover earthquake fault systems in the area." Issues Specific issues noted by residents in Comprehensive Plan meetings in addition to those identified at the beginning of this chapter include the following: + The community had limited input in the 1984 Comprehensive Plan for Larsen Bay which should not be used as the basis for land use decisions. + Allow small -scale commercial uses and more Bed - and - Breakfasts and lodges, such as in mixed - use zones under certain conditions. + Address concerns about the social impacts of some lodges located within neighborhoods. + Land use planning needed on Amook Island. + Need to expand the boundaries of the City's watershed. + The City should be informed and have leadership on what happens in the City. + Develop housing to attract and keep teachers. BOROUGH Comprehensive Plan Update Chaplin Eleven ,. to_al Commuritie : Goals, Policies & Implementation Actions Many of the following goals, policies and implementation actions correspond to the issues identified above and /or were identified in the Larsen Bay Community Plan prepared through the Rural Leadership Forum process. Land Use Goal: Enhance flexibility of land use regulations. Policies A Address concerns about the social impacts of some lodges located within neighborhoods. A Coordinate with the multiple agencies that have a role in local and use issues. Implementation Actions * Review and develop City of Larsen Bay Boundaries that are consistent with and supports the Community Vision. * Acquire Land to allow Tribal Council to enhance development. * Allow small -scale commercial and more Bed - and - Breakfasts and lodges under certain circumstances, such as in mixed -use zones. * Plan for land use on Amook Island. * Expand the boundaries of the City's watershed. Transportation • Goal: Improve marine transportation facilities. Implementation Action * Develop deep -sea dock to position Larsen Bay to capitalize on its unique location on the west side of the Shelikof Strait, including a ferry service. Public Facilities, Health and Safety Goal: Improve and maintain local infrastructure. Implementation Actions * Develop basic infrastructure repairs and improvements to: 1. Current electrical delivery system including cost of power. 2. Street Lights. 3. Water and Sewer. Chaplcr Elcven .; local Commurntrr; Kodiaklsland BOROUGH Co mprehenalve Plan Update Pnq. 25 Janu.trr 200B Pay, Z6 r 1� + ^_ r 200E 4. Establish a public works department. 5. Continue ongoing heavy equipment repairs and acquisitions. 6. Develop public use facilities such as restrooms and telephones in areas such as the Boat Harbor. 7. Develop community greenhouse, bam and cold storage facility. 8. Develop and implement Community Road Plan. 9. Continue current village erosion control projects. * In conjunction with infrastructure development, develop a Community Hall /Cultural Center/ Assisted Living Senior Center. * Develop a Healthcare Plan consistent with the Community Vision that serves all community members. Local Government Goal: Improve overall communication with the Borough. Policies • Coordinate with the Borough on building and development issues. • Define and develop key relationships that will support Larsen Bay in obtaining its community vision. Implementation Actions * Dedicate a specific Borough employee to communicating with the villages. * Establish a Standing Education Committee comprised of members of the City Council, Tribal Council and teachers in the community. * Upgrade City of Larsen Bay Government to better support Larsen Bay's people and strategic goals, including: 1. Establishment of personnel policies. 2. Review of City Revenue Structure. 3. Review of pay scales and job descriptions. * Determine what additional resources the City will require to support its role in achieving the Community Vision. * Review and Develop City of Larsen Bay Planning and Zoning that are consistent with and supports the Community vision. KodiakIsland BOROUGH Comprehensive Plan Update Chdu1, Local Coinmunitie� Economy Goal: Retain residents. Policy * Improve economic opportunities in Larsen Bay. Implementation Actions * Increase Government Revenues through expanded services and development of infrastructure. * Provide Comprehensive Community Services to seasonal and transient populations. * Develop a six -tier economic development strategy that focuses on the five current aspects of the economy of Larsen Bay and additional potential. * Establish an interface with the Karluk River Area by enhancing the current Karluk River management and partnership with the village of Karluk. * Establish a viable Community Fishing Quota program initially for Halibut and Sablefish. * Develop a strong working relationship with the Icicle Seafoods cannery. * Develop additional industries and businesses that are attractive to Larsen Bay. * Develop infrastructure that will support increased economic development activity and provide necessary services. * Require that public education in Larsen Bay meet or exceed established educational standards for formal education required for students to excel in the trade or profession of their choice and culture place -based education that establishes positive self- awareness and self esteem in community youth. * Consider educational options that are alternative to and in addition to the Kodiak Island Borough School District such as: 1. Continuing education 2. Charter school in Larsen Bay 3. Fishing School 4. Other similar options. Chapter Eleven 1 local Communrlic:�, KodiakEsland BOROUGH r ompneltenslve Plan Update Pays 27 January 2008 J,77J 2008 Housing Goal: Improve housing conditions and resources. Implementation Actions * Develop Housing Plan consistent with the Community Vision of three additional households by 2008 and five additional households by 2013 that serves all community members and is consistent with defined Land Use Planning. * Explore funding sources to develop teacher housing. * Explore funding sources to develop senior housing and related services. Environmental Quality Policies • Work together with Fish and Game to enhance and maintain Larsen Bay area fisheries. • Monitor subsistence to ensure community access. Implementation Actions * Perform an environmental inventory and assessment and develop an appropriate clean -up plan. This plan should include the potential tourism impact on the environment, the replaced tank farm and clean up of scrap metal. * Perform Community beautification in association with Community Togetherness goals and the Larsen Bay Youth Council goals. * Develop an insect control program that is effective but not harmful to existing economic development such as the Icicle Seafoods cannery and tourism. * Continue developing the Bear Management program in association with the State of Alaska Fish and Game and Kodiak Island Wildlife Refuge. * Perform review of status of Village Safewater and planning for future Village Safewater that supports the Community Vision. Other Goal: Preserve and enhance community togetherness and cultural awareness. Implementation Actions * Develop an annual community gathering calendar and let people know when gatherings are happening. Kodiaklsland BOROUGH C h ij tEr EIFVEn .. i l.o.al Communnlie., * Actively engage and participate in regional community and cultural activities such as Awakening Bear, Alutiiq Culture Week, enhancing Culture Center and activities centered on Young Adults and other events that build positive self - awareness. * Bring back Alutiiq /Russian Orthodox Celebrations such as Masquerade and other similar events. * Work with Elders to bring back historic activities such as Humpies in Pooshki leaves, teaching kids how to fish and other activities that teach self - sufficiency. * Work together to beautify Larsen Bay with activities such as: 1. Work days to help each other clean up yards. 2. Beautifying historic cemeteries. 3. Other similar activities. Chapt€r Elcvrn r! local CommunitiE' ld Harbor Exis g Conditions History - q d Culture The City of Old H Gulf of Alaska. The Anchorage. or is located on the southeast side of Kodiak Island on Sitkali • • k Strait off the mmunity is about 70 miles southwest of Kodiak and 200 ' files southwest of The area around Old Harbor is ought to have been inhabited for arly 7,500 years. The present -day Natives are Alutiiq or • mixed Alutiiq- European herit• •e. The Three Saints Bay area (now Old Harbor) became the first R ian colony in Alaska of - its discovery by Grigori Shelikov and his "Three Saints" flagship in 1784. A unami destroye• he original settlement in 1788, and two more earthquakes struck the area by 1 . The to relocated to "Saint Paul's Harbor," now the City of Kodiak, in 1793. A settlement re: tablished at Three Saints Harbor in 1884 and named Staruigavan, or "old harbor" in Russi• . The Good Friday earthquake and resulting tsunami destroyed the community in 1964, lea g onl o homes and the church standing. The community was rebuilt in the same locatio and was inc• •orated at the City of Old Harbor in 1966. Today, Old Harbor is a rich mix of • d family names such as Christian - n, Haakanson, Peterson, Zeedar, Ingo and Pestrikoff th • represent a mix of the many cultures t • t have made Old Harbor their home over time. This has resulted in a unique community, blendin elements of the older Sugpiaq traditions, e grounding of the Russian Orthodox religion and • trong, subsistence based lifestyle with t newer influences from mainstream culture. In the last 15 y= •rs, many community members of Sugpiaq Alutiiq descent have been experienci a a resurgence of pride in their culture. The community has been an importan center f• much of this. Today, Old Harbor has an Alutiiq Dance Group, the Nuniaq Dancers Kodiaklsland BOROUGH Comprehensive Plan Update • City of Larsen Bay Assessment of Management Capacity Indicators Tammy Helms Rural Utility Business Advisor (RUBA) Program Division of Community Advocacy Commerce, State of Alaska April 2, 2008 V `i7 it 6 4z. e:4 Ci ' f 7 7 e ,- r 4 /47_5(_( /,.�.a " Introduction The City of Larsen Bay assessment report was completed by the Rural Utility Business Advisor Program (RUBA) as a requirement for a projected VSW grant- funded project. The report was completed with the voluntary assistance of the utility and based on information utility staff provided to the RUBA program. The goal of the RUBA Program is to help small communities implement utility management practices that will improve the utility's ability to provide safe drinking water to their communities on a sustainable basis. The RUBA Assessment evaluates essential and sustainable indicators necessary for the managerial and financial health of the utility. These indicators are organized under the following sections: • Utility Finance • Accounting Systems • Tax Problems • Personnel System • Organizational Management • Operation of Utility Essential Indicators identify policies and practices that are critical to the short-term operation of a utility. Sustainable Indicators identify policies and practices that make a utility cost - effective to operate and increase the likelihood of long -term financial success. The Major Recommendations are limited to those items needed to meet deficient essential indicators. This is because only the essential indicators are a required to be met under the grant conditions. The City of Larsen Bay operates and manages the following utility services: • Water and Sewer services • Landfill • Garbage haul • Harbor/Dock • Fuel Sales • Airport Maintenance • Road Maintenance • Electricity Essential Indicators Report Page 2 Management Capacity Indicators On April 2, 2008 Tammy Helms met with the City of Larsen Bay staff to complete a RUBA Assessment of Management Capacity Indicators. City staff provided documentation supporting the conclusions in this report. Utility Finance Essential Indicators Yes No ® ❑ All revenue and expenses for the utility are listed in the utility budget. The utility has adopted a balanced realistic budget. Monthly financial reports are prepared and submitted to the policy making body. The utility is current paying all water /wastewater electric bills. The utility has on hand a year's adequate fuel supply or it has a financial plan to purchase an adequate supply. The utility is receiving revenues (user fees or other sources) sufficient to cover operating expenses. Sustainable Indicators ❑ ® The utility is receiving revenues (user fees or other sources) sufficient to cover operating expenses and Repair & Replacement (R &R) costs. ❑ ® YTD revenues are at a level equal to or above those budgeted. ❑ ® YTD expenditures are at a level equal to or below those budgeted. ® ❑ A monthly manager's report is prepared. ❑ ® Budget amendments are completed and adopted as necessary. The City of Larsen Bay drafted and adopted a FY 08 budget with RUBA assistance but it has not begun the FY 09 budget process. RUBA staff will assist the City Clerk with preparing the proper financial reports so they can be submitted to the Council monthly. The interfacility bills have not been paid for at least 8 months due to not having a consistent office staff. The water and sewer revenues are not sufficient to cover operating expenses. The City subsidizes its water and sewer utility through the fuel and electric sales. Manager/ operator reports are given verbally when requested from the Council. Essential Indicators Report Page 3 Accounting Systems Essential Indicators Yes No ❑ ® The utility has adopted a collection policy and actively follows it. ❑ ® The utility bills customers on a regular basis. ® ❑ An accounts receivable system is in place which tracks customers and reports past due accounts and amounts. Z ❑ An accounts payable system is in place. • ❑ The payroll system correctly calculates payroll and keeps records. ® ❑ A cash receipt system is in place that records incoming money and what it was for. ® ❑ The utility has a cash disbursement system that records how money was spent. Sustainable Indicators Z ❑ A chart of accounts is used that identifies categories in a reasonable, usable manner. ❑ Z Monthly bank reconciliations have been completed for all utility accounts. ® ❑ The utility has a purchasing system that requires approval prior to purchase, and the approval process compares proposed purchases to budgeted amounts. Although the City has an adopted collection policy, it has not been actively or consistently enforcing it. The City utilizes QuickBooks for accounts receivable, accounts payable and payroll. The QuickBooks system is set up properly and has been a tool in the past to reliably keep the City's finances in order. Currently bills are not going out on a regular basis due to staffing issues. It is recommended the Council review and implement the City's collection policy immediately. The City utilizes QuickBooks for accounts receivable, accounts payable and payroll. The QuickBooks system is set up properly and has been a tool in the past in keeping the City's finances reliably. Unfortunately in the past few years the employees responsible for accounting entry failed to enter data or execute the program functions properly, which has lead to the City writing numerous NSF checks and an inaccurate accounting of the cash on hand. Essential Indicators Report Page 4 Tax Problems Essential Indicators Yes No NA ® ❑ ® ❑ El El ® ❑ The utility has a system to accurately calculate, track, and report payroll tax liabilities. The utility is current on filing federal and state tax reports. The utility is current on making federal and state tax deposits. ❑ If there are any past tax liabilities, a repayment agreement has been signed and repayments are current. As stated previously the City has a QuickBooks system that accurately tracks, calculates and reports payroll tax liabilities if the accounting personnel is competent and reliable in the data entry. The City has struggled to pay the monthly payroll liabilities to the bank due to staffing issue but has managed, with RUBA assistance, to submit the quarterly reports to the IRS on time. To date the City has not received any non - compliance notices from the IRS. Personnel System Essential Indicators Yes No ® ❑ Sustainable 0 El El El Z El IZ ® ❑ The utility has a posted workers compensation insurance policy in effect. Indicators The utility has adopted and uses a Personnel Policy, which has been reviewed by an attorney, AML, or DCCED for topics and language. The utility has adequate written job descriptions for all positions. The utility has adopted and follows a written personnel evaluation process that ties the job description to the evaluation. The utility has an adequate written hiring process. The utility has personnel folders on every employee that contain at least: I -9, Job Application and Letter of Acceptance. The utility has a probationary period for new hires that includes orientation, job - training/oversight, and evaluations. The utility provides training opportunities to staff as needed and available. The City of Larsen Bay has a posted workers' compensation insurance policy in effect from 7/1/07 to 7/1/08 with AML /JIA. The City's current hiring process is historical and is not written. Job notices are posted with the job title and description for 10 days. Interested applicants apply at the City office. There is currently no probationary period for employees. Training opportunities to staff are provided as funds allow or opportunities by other sponsors come available. Essential Indicators Report Page 5 Organizational Management Essential Indicators Yes No ® ❑ The entity that owns the utility is known and the entity that will operate the utility is set. ® ❑ The policy making body is active in policy making of the utility. ❑ ® The policy making body enforces utility policy. ® ❑ The utility has an adequately trained manager. ❑ ® The utility has an adequately trained bookkeeper. ® ❑ The utility has an adequately trained operator(s). ® ❑ The utility has adopted the necessary ordinances (or rules and regulations) necessary to give it the authority to operate. Sustainable Indicators ❑ ® The utility has adopted an organizational chart that reflects the current structure. ® ❑ The policy making body meets as required. ® ❑ The utility complies with the open meeting act for all meetings. The current utility operator is trained but has not passed the OIT test. The interim clerk has no prior bookkeeping experience. The city council presently does not enforce the collection policy consistently. Efforts to once again enforce the policy are being pursued. Essential Indicators Report Page 6 Operation of Utility Essential Indicators Yes No ® ❑ ® ❑ The utility operator(s) are actively working towards necessary certification. The utility has a preventative maintenance plan developed for the existing sanitation facilities. Sustainable Indicators ❑ ® The manager receives a monthly O &M report from the utility operator and routinely "spot checks" the facilities to see that the maintenance items are being completed. ❑ ® The utility has a safety manual and holds safety meetings. ® ❑ Utility facilities have not suffered any major problems /outages due to management issues that are still unresolved. ❑ ® The utility is operating at the level of service that was proposed. ® ❑ The operator provides status reports to the manager on a routine basis. ® ❑ The utility has completed and distributed its Consumer Confidence Report (CCR). ❑ ® The utility meets all required regulations (is not on the Significant Non - Compliance (SNC) list). ❑ ® The utility maintains an inventory control list. ❑ Z The utility maintains a critical spare parts list. In speaking with the Remote Maintenance Worker, Steve Evavold of Village Safe Water, there is a preventative maintenance plan for the existing system. The current utility operator is trained and can run the system but has not passed the OIT test. Historically the utility operator reports to the Mayor or Vice -Mayor when there is a problem or he can foresee one. The utility is not able to operate at the level of service that was proposed due to the inability to backwash the rapid sand filter. The utility does not meet all required drinking water regulations. The City is currently on the SNC list for treatment technique violations and monitoring violations for Stage one and SWTR. The utility operator and Council attempt to keep needed critical spare parts on hand. Essential Indicators Report Page 7 Major Recommendations The City of Larsen Bay has not met all of the essential capacity indicators. In order to meet them, the utility must take the following actions: • The City Clerk should prepare and submit monthly financial reports to the Council. • The City Council needs to make a financial plan to purchase an adequate supply of fuel. • The City Council should review and enforce the collection and disconnection policy they have previously adopted. • A consistent active effort must be made to bill utility customers on a regular basis. • The City is not current with payment of 941 tax liabilities although all reports have been submitted with the assistance of the RUBA program staff. • The City should make it a priority to hire a new City Clerk to perform the bookkeeper's duties and actively support any training available. Conclusion and Next Step In addition to the Major Recommendations, the City of Larsen Bay can work to improve Sustainable Indicators in the areas of "Utility Finance," "Personnel System," "Organizational Management," and "Operation of Utility." It is recommended that: • The City identify revenues to sufficiently cover operating expenses and R &R cost. • The Council should follow the proper procedures in amending and adopting budget amendments. • The utility create and adopt a personnel policy. • The utility create adequate written job descriptions for all positions. • The utility adopt and follow a written personnel evaluation process that ties the job description to the evaluation. • The utility create an adequate written hiring process. • The City should update all personnel folders to ensure every employee file contain at least: I -9, Job Application and Letter of Acceptance. • The utility have a probationary period for new hires that include orientation, job training/oversight and evaluations. • The utility adopt an organizational chart that reflects the current organizational structure. • The Manager/Mayor routinely "spot checks" the facilities to see that maintenance items are being completed • The utility supply safety manuals and hold safety meetings. Essential Indicators Report Page 8 • The utility meet all required drinking water regulations. The regional RMW can assist in meeting this step. • The utility maintain an inventory control and critical spare parts list. By implementing the above recommendations, the City of Larsen Bay will put itself into position to better meet unanticipated financial costs and ensure that employees are aware of their conditions of employment. The City of Larsen Bay billing staff was open and helpful with providing information to complete this assessment. The City Council realizes the importance of community health, financial stability, effective utility management practice and sustainability. RUBA staff is available to provide assistance for any sustainable capacity indicators that are not being met. CC: Steve Evavold, RMW Elizabeth Manfred, RUBA, Program Manager Steve Forslin, ANTHC, Engineer Essential Indicators Report Page 9 MEMORANDUM STATE OF ALASKA Commerce, Community, and Economic Development TO: Mayor William Nelson DATE: July 8, 2008 City of Larsen Bay FROM: John Nickels PHONE NO: 269 -4564 LGS III/ RUBA Introduction The Rural Utility Business Advisor (RUBA) program provides management assistance to small utilities with a variety of management tasks, including setting utility rates. RUBA staff traveled to Larsen Bay July 1 -3, 2008 at the City's request to collect financial and operational data necessary to conduct a utility rate study for the water and sewer utility. Utility Operating Expense Utility rates should be set so that they generate sufficient revenue to cover the costs of operations and maintenance, and funding a reserve account for repair and replacement of equipment. The key to setting good rates is to have a clear idea of these costs. The following cash basis financial report for the water and sewer utility was provided by city staff to document expenses and revenues for FY08. 2:09 PM 07101MS Cats S..le City of Larsen Bay -2003 Profit & Loss by Class July 2007 through Juno 2000 Weir i Saner TOTAL OnSrrery hroemeilapenee Income Income 14,232.50 14,232.50 TON Income 14,232.50 14,232.00 Grose Prof 14,232.60 14,232.50 Expense Chemlale S Thtlnl 6.112.00 6112.60 Dues i Sulrmlptlono 60.00 50.00 Olectrldtp 4,696.65 4,00665 Frlepht 329.06 329.56 Feel dl 1.301.01 1,301.01 Ineurrreo a Sordne 3,251.00 3,261.00 Parke • irpplam 1,437.60 1,437.60 Payro9 Expeeem 11.505.92 11.065.92 Payroll tare 1,136.04 1,136.04 PoeYrOe 5.05 5.06 Travel Allem 94.50 94.50 Per Mem 500.00 500.00 Travel 'Other 224.40 22440 Toot Travel 616.50 016.90 Teal Eapenee 31.023.45 31,02646 1Mt ( nay Inoome •16.792.93 - 16.792.95 Net Incase -141,792 AS - 16,752.11 SUBJECT: Larsen Bay Water /Sewer Utility Rate Study City staff stated that expenses associated with pumping individual septic systems are included in the above expenses, and that the current water rate is actually a combined water and sewer rate. Residents are not charged separately for septic pumping services. The report shows that the City is subsidizing the operation of the water sewer utility. Expenses in FY08 exceeded revenues by $16,793; in other words, in FY08 water sewer revenues paid for only about 46% of the utility's expenses. RUBA recommends that water sewer utilities be managed as self - sustaining enterprises, which in the case of Larsen Bay will require an increase in utility rates. Calculation of proposed rates is based on the FY08 expenses. A draft FY09 budget for the utility projects very similar expenses, but a water system project planned for next year will likely add expense items and increase other existing expense items in the water sewer budget. Service to new customers, particularly commercial customers, will also affect expenses and rates. New rates will need to be calculated at that time, and should be reviewed for accuracy at least annually. Repair and Replacement To be sustainable, a utility's rates must also pay for the infrequent expense associated with replacing worn out equipment. A repair and replacement fund should be created to replace equipment with a useful life of less than ten years. The amount to be set aside each year is determined by dividing the cost of the equipment by the estimated life of the equipment in years. RUBA recommends that at least two items be included on a list of equipment that will need to be replaced periodically. The first replacement item is the water filter media, which is estimated to have a useful life of 10 years and would cost $10,000. Setting aside $1,000 each year for ten years would ensure the necessary funds will be available. The other item is a group of three chemical pumps used in the water treatment process. These pumps each cost about $1,000 and have an estimated useful life of 3 years. Setting aside $1,000 each year would ensure funds are available for pump replacement. A total amount to be set aside each year for repair and replacement is $2,000 and is to be added to the total operating expense ($31,025) to determine the annual revenue requirement, which is $33025. The City's remote maintenance worker (RMW) and sanitation project engineers may be consulted to verify the amount to be set aside for repair and maintenance. Collection Rate A factor that greatly impacts the revenues received by a utility is the collection rate, which is that portion of the total amount billed that was actually received by the utility. For various reasons, utilities rarely receive 100% of what was billed, so rates that are based on the revenue requirement will always fall short in collecting the needed revenues. To allow for this shortfall, rates are based on a larger amount, which is determined by dividing the annual revenue requirement by the collection rate. The financial reports for the water sewer utility indicate that for FY08, the collection rate was 83.2% for all customers combined. Collection rate by class was not determined. Dividing the revenue requirement (33,025) by the collection rate (83.2 %) yields 39,693.51 which is rounded to 39,694. Rates based on this number will result in the needed $33,025 if the collection rate remains at 83.2 %. 2 Customer Classes and Current Rates The utility charges customers for water service using a monthly flat rate. In the case of commercial customers, individual monthly rates are used that are based on the residential rate and the estimated use of water compared to average residential use. The current classes, numbers of customers and water rates are as follows: Residential; 33 customers; monthly rate is $23.18. Seniors; 12 customers; monthly rate is $8.75. School; one customer; monthly rate is $300.00. Public Facilities; 5 customers; monthly rate is $23.18 Commercial; 6 customers; monthly rate varies depending on estimated volume of water use compared to an average residential customer. The six lodge businesses were identified and currently are charged a commercial rate are as follows: Larsen Bay Lodge, $185.44 Uyak Bay Lodge, $69.54 Kodiak Charters, $69.54 Kodiak Lodge, $92.72 Foxtail, $23.18 Island Resort, $46.36 Proposed Rates A water meter at the water treatment plant records the number of gallons of water that is treated. A cost per gallon was calculated, but cannot be applied to individual customers because none have meters to record the amount used. Rates that would meet the revenue requirement were initially calculated based on the estimated use of water by each class and the cost per gallon. After discussions with city staff and others, adjustments were then made to allow for a lower rate for seniors, the same rate for the school, and a higher rate for public facilities. The rates were recalculated to include the changes but still yield the necessary revenue requirement. Upon reviewing the resulting rates, it was pointed out that the commercial customers varied greatly in size and that including all in one class with the same rate might be unfair. In addition, different lodges operate for different periods of time each year and a seasonal rate would be more appropriate. In response to those concerns, the commercial class was divided into large and small commercial classes, and estimates of the operating periods for each commercial customer were made. Rates were again recalculated to yield the necessary revenue requirement, and are summarized in the table below. Monthly Annual Rate Contribution Residential (32) $46.00 $14,696.45 Senior (11) 23.00 2,525.95 School 300.00 3,600.00 Public Facilities Clinic 52.00 624.00 Post Office 52.00 624.00 VPSO 52.00 624.00 City Office 52.00 624.00 Tribal Office 52.00 624.00 Lg Commercial Larsen Bay Lodge 9 months 220.19 1,648.78 3 months 46.00 114.82 Uyak Bay Lodge 9 months 220.19 1,648.78 3 months 46.00 114.82 Kodiak Charters 9 months 220.19 1,648.78 3 months 46.00 114.82 Island Resort 4 months 220.19 732.79 8 months . 46.00 306.18 Kodiak Lodge 4 months 220.19 732.79 8 months 46.00 306.18 Sm Commercial Foxtail Lodge O'Brien's Seafoods 4 months 95.00 8 months 46.00 4 months 95.00 8 months 46.00 316.16 306.18 316.16 306.18 Sourdough Bay Lodge 4 months 95.00 316.16 8 months 23.00 153.09 Projected annual revenue $33,025.07 The rates and projected revenues are based on a collection rate of 83.2% for customers in the residential, senior, and commercial classes. Based on discussions with city staff and others, a 100% collection rate is assumed for the school and public facilities. The proposed rates will currently meet the revenue requirement for the water sewer utility but further adjustments can be made and the rates recalculated if requested by the city council. Observations: The only meter data for the utility is for the water plant, and estimates of water use by class added up to far less than the actual amount documented in the meter logs. Utility data indicates that the 7,170,068 gallons of water were treated, and an estimated 3,395,000 gallons were consumed by utility customers. This means that about 53% of the treated water is being lost. Possible explanations for the unaccounted water use include faucets left running to prevent freezing in winter, leaks in the distribution system, or hoses left running. If these losses could be prevented or reduced, significant savings might be realized that would allow lower rates. The collection rate was found to be 83.2 %, which was used to calculate the proposed rates. The rates could be decreased slightly if the collection rate could be improved. The use of water meters would allow rates to be based on the actual amount of water consumed, and would encourage water conservation, which would lower operating costs. RUBA recommends water meters for all commercial customers. The proposed rates include septic pumping service, which is not currently billed. Accounting for septic pumping expense separately would allow a separate charge to be determined for this service, and would allow a lower charge for water service. Calculation of proposed rates is based on the FY08 and projected FY09 expenses, which are similar. Any change to the system such as a project that installs new equipment or inclusion of additional customers will affect utility expenses and the rates that should be charged. New rates will need to be calculated at that time, and should be reviewed for accuracy at least annually. 5 CITY OF LARSEN BAY PO BOX 8 • LARSEN BAY, ALASKA • 99624 PHONE: 907.847 -2211 • PAX: 907 - 847.2219 E•MAIL: CITYUFLARSENBAYr@AOL.COM RESOLUTION NO. 08-05 A RESOLUTION REQUESTING THE KODIAK ISLAND BOROUGH PLANING, ZONING AND ASSEMBLY TO POST PONE ACTION ON CASES REGARDING LARSEN BAY, CASES 03 -011, 03 -012, 03 -016, 03 -018. WHEREAS, the community unity of Larsen Bay needs to have the Planning and Zoning Plat updated; and, WHEREAS, the Lodges are being constructed without regard to the City of Larsen Bay's input or permission; and, WHEREAS, the residential homes have been converted from residential to commercial enterprises; and, WHEREAS, the Lodges are adjacent to residential homes and the Larsen Bay School causing concern amongst the year around residential community members; and, WHEREAS, any addition building within the community will greatly overtax facilities that service the resident. NOW THEREFORE BE IT RESOLVED THAT: The City of Larsen Bay Council request the Kodiak Island Borough and the Planning and Zoning commission post pone the rezoning in Larsen Bay until these issues are solved and that the borough Planning and Zoning commission meet the Larsen Bay at their earliest convenience and halt all future building within the community of Larsen Bay. BE IT FURTHER RESOLVED THAT; the Larsen Bay City Council develop an ordinance for building codes and permits. PASSED AND APPROVED by a duly constituted quorum of the City of Larsen Bay This /9 'day of t: 11 C SIGNED: I Po._ 414.. *A _ ,„11 (Mayor) A 1 EST: Air" (Secretary Treasure) 2.00 . ZEN ' ,TrziesAL COLI 1L To Whom It May Concern: This letter is to acknowledge that the Native Village of Larsen Ba Tribal Counci recognize the property listed as lots 1, 1a, 2, and 3 as places cif hist• cal findings - d historical significance to our Tribe. There have been and continue to be a ' -cts found in ' :: areati as well as human remains. Thank you for your time and acknowledgement of this matter. Sincerely, L ' Z jF 2 & Jennifer Moe Vice President Native Wage of Larsen Bay Tribal Council Pr1oNm19a71 847_3507 Fax 69071 847••2307 - iPO Box 50 BAV AL::SFCA 99624 rin April 25, 2008 D)T RE: Larsen Bay Subdivision / Re- zoning Bud Cassidy, Director Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 DEPARTMENT OF NATURAL RESOURCES DIVISION OF PARKS & OUTDOOR RECREATION OFFICE OF HISTORY AND ARCHAEOLOGY SARAH PALIN, GOVERNOR 550 WEST 7 AVENUE, SUITE 1310 ANCHORAGE, ALASKA 99501 -3565 PHONE: (907) 269 -8721 FAX: (907) 269 -8908 Dear Mr. Cassidy: The Office of History and Archaeology was recently notified of a request to the Borough for re- zoning a portion of the Larsen Bay Subdivision from residential to commercial. As you may be aware, this area of the Larsen Bay town site is coextensive with a large prehistoric settlement and cemetery known collectively as the "Uyak Site" or "Our Point Site" (State Inventory # KOD -145). This site, which covers around 8 acres, has been the focus of several archaeological investigations since 1931. In 1991, the site made headlines when the Smithsonian Institution repatriated 300 sets of human remains removed during the 1930s. I had an opportunity to conduct excavations at the site myself in 1993 in conjunction with a road construction project. At that time, intact portions of the site were buried beneath road fill. While much of the site has been destroyed as a result of modern residential and commercial development, it is likely that discontinuous intact deposits of archaeological materials remain. The archaeological site is privately owned and is not protected by public laws, except that the disturbance of graves and human remains is prohibited. We hope that you will consider the importance of the site and the potential effects of commercial development while making your zoning decision. Don't hesitate to contact me if I can provide further information. Sincerely, J. David McMahan Alaska State Archaeologist, Deputy State Historic Preservation Officer "Deveinr... Conservc. and Enhance Naturac" kesnurces lir. Present and wuturc, Alaskan: U S SURVEY No.48T2 . +o. iwo..w.�.�,. e.. / � � . . � • tdKbt►e rew�rtrt ���e �� � J TOMINSITE OF IARSEN BAY, ALASKA .s.sa.w+ �00 !O O w0 !q0 14hrtm �oal0 D� �� to aEa�t 10. 1� t� !ar aaw� falm�slm. MY� �.0� KM� M( / �' C�1C1lM'Mt�tJ� � o � ' � ������. _ � 4RS'Eiy �/ �.� � �t.s�ee. n. c. s.snres i0. i9� � ' ` � � • � O t . '� Sas, r�+e s. �srtsW oata.nl• te se. .'ww.a I „ _ .�.,.'...i . rw+ eec.., .w w so+.a. A..�.s M�a cor.ecw \ ��a � �soruA 1• waairr riY� tf� n�diwreu eL � �� ,� •O lar � tL� np�LSlmr a! t3i� fue�au, !s brlpr ,. � �A� � � 2 � � we�ycu. � ~'� � � � ��,I , �� � � `� w: �! �i 1ar tae DSxsetor . ��.s . � � +''� ,rnrr ` Bqr � i s•,v � �� i . _ . � j �ssari �� �� �r� ` • a `� 4�f � < � � � � Y ' � i �;�� .` ' ,`�•, �� ��� � � • �.. �� �� \` CAl�f� Llvtaim of Cd�tnl AQwi � � ��` � �� .1 . t � M.o ».e � O � ' e/'+� ,� ��� \ �' � ��%� � . t � n'� , , • � � `r�� O •�. �� � - � !►�` � O �� , �!K'� ,`�, Y • )�, � M � ' ' �� v �\ `� �, ' ` �j �� ` � ^S ' �� .�\ � j!' .' �, .wive � •��a w\ � �►� �' � \ � � .v+ � ' ~�yq �.a � � � /`� \ f i � • f� � �1 1� � � \ � t •�' � �� �+ � `� ' �� AyI�� ,�` '' �� � � O .......,� `� � � �' ✓��� `� �� �� •� `\ � .�. � .e}I ��w � � �� �+~ �\ �� ' '' � . " w`` ���. . �,` ��a ' Sfl�''t' ` ✓ �� � �yrrOrw��r \ O � � � ri'C • �' � � � `\ �� �` i � �� �i � � \ � \ y i� `� •� � �i . `�' ��� � � � ��� � s � • a • \ �✓ '�, �� �,.� O �`�, r,;•�` �,-' � �'' Approx. archaeological � �;r,. �� ,, s,,�"�., site boundary (KOD-145). �� � �,;+'` Y � . -' �¢�'` 'S �a y � ,+�'' � , M„� .+,. `,.�0 w '� � - s , \ w \ � 1 � � i y' \ �"o� � ,. iM�n t / , � �, . ....� �' . Duane Dvorak C Subject: FW: Larsen Bay Comp Plan From: Allen Walbum [mailto:awalbuml @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 Sincerely, =., Allen Walburn Managing Partner Alaska's Kodiak Island Resort 1 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. ..........,.., ,o .,c,ua ac.,i to you =cause our recoras 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. / /" ��.�pp ri Your Name: gyre r 4 (�u.a,r -� � � o 1 43 ( 2 O Meiling Address; . . t 3 Your property description: ^ AR SEN .i q it 31.0 k � f ., 2„ / Comments: 1, R G rol �iq WO Al "frier �o rnAsu.n:4./ otw. .i� tkpae4 lue..�t !J Teora . F — / h am • ,J I i - a.c r . 4s * s...Ar_ a / k. t S • ) 0.�] So ser iGt be r» ma a c re3cin • 4 eAC.L l4;41,,i1n 46 r vided h ` LteS,+ PR IGR 44 o a. preJal dT 4! re3sele r uea+ c. ' t��l! 4 j d L ` err d 1 I ua O r' "7�r b W i We � O � X s 9 es f. , t;sLivut . ,t PL s A I (984 E"ton.owxc € . 0J (pi ties o b • i „e. Z 11.44.41 0.11 'e wq. 4. 1 acid; -ltm Coh.p VtieLeu.s:t,� PIS,,,, Upd 12 iw ‘24.4 4o t .r ' r a. I 1 n. tT ..:. ..�... 'el...Q. iiA s r % -r-e,. rt 1 4—a."3;6, Z 4 . G-- • _. d , e .l. 4;1. COMMUNITY D KODIAK ISLAND BOROUGH FEB 1 1 200OUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 ` °MME "T °EPARTMENT HEARING NOTICE A public hearing will be held on Wednesday, February 20, 2008. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: LOCATION: ZONING: Public Hearing Item VI -D 03 -011 V. Michael & Lisa Carlson; Brad & Tammy Aga; City of Larsen Bay A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 — 3, Block 2, Lots 1, 1A and 2 — 3, and Block 3, Lots 1 & 2 from RI — Single Family Residential to B- Business. 100, 101 and 103 Second Street and 92, 94, 95, 96, 97, 98, and 99 Third Street, Larsen Bay RI - Single Family Residential C NOTE TO READER: ITEMS THAT HAVE A INDICATES EXISTING CODE LANGUAGE THAT_ IS PROPOSED TO BE _JFT.FTED.. .UND.ERLINEILLANGUAGE. 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 parldng 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 C I ) 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 defmitions 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 ertificate of zoning lodges etc.- ..._ . If the proposed use (Section 3.30.040 of Title 3 of the shall be issued for any of the following uses: Bed and Breakfast, hotel, motel, complies with the criteria for exemption to the transient accommodation tax Title 3 of the MB Code), then a certificate of exemption (Section 3.30.060 of KIB Code) shall be provided to Community Development staff. VACATION HOME a, a a, a, a. U a a, RECREATION CABIN a a a. U MOTEL a, a, a. LODGE 9 1 AO - D1 C — more than 15 guest BOARDING HOUSE a, d p„ HOTEL 9 iapun —d d g a ZONING DISTRICT 43I4slU pallsla ;EM - M 1 1 WH - Wildlife Habitat District 1 NU — Natural Use District C — Conservation District LI — Light Industrial District _ 1 RB — Retail Business RD - Rural Development District 1—R- Rural Neighborhood .1\1C Commercial District RR2 - Rural Residential Two District ;aulslQ p3 Auapisag p3 mg - 1 ;arr;slQ auQ I¢puapisa2i IE 2I - Il11I1 Rl - Single - Family Residential District R2 - Two - Family Residential District R3 - Multiple Family Residential District B - Business District 1 I — Industrial District PL - Public Lands District j UNC - Urban Neighborhood I Commercial District SRO - Single Resident Occupancy Standards uausuy0n awn firm ZT tot'9T 4 Y W lopuaal usual 000'005 - 01 tel $ il 22 3 !|� $ .1 !| } |} ! ! P. | ON ON uremia aleou °nJ 0N 08 -021 Uram Bay Townshe, Tract A, Sods 3, lot 3 NA Unknown 008'05 - 3101 k / i !! „ 1111 !112111 , 111 VN 12 21 lelnoln 03 -018 Lamm Bay Toe/naite. Tract 0. Block 16, lot 10 Unknown Unnnown 005'95 - 00 )01 � f 22 f1.1 `` 1I . A 11 6 | ■ ! ! 55 ON waeutun il lOpiaua0o3 00)0100 0)000 62 email Y peat swain, 910.601 00f'S5 - 11 0 1 ■ g - 1 §! !! | k i 1111 !g,« g �` 21 it a| ! ! i 11 1 00)00 lun u0)o0Mun IePwuauo3 0auw pot saauey) aIW02 ._... 5 00. 0 Ord VINO Pa 0) 701 'L Y AOJI l dmadlAR 000'E$ -1)01 II[6) 00213-3) ten — |20 ! #a. §f¥` §§ § & 55 5 i2 1§ 4■ i � §! \ §k■} ! ! ■ in ON oN ua0U Ion 00)mo10n leiwapoe/tu0aya WA/Igvauouo3 Parini u.wurunl �I. 'f Val Ypal 'aysueolAal usual TTO.60 00615 t WI 000 - T tol ■k §® 15. !! ! ■! ! | R f ■ 1| oN ON 00)00100 u 0)0u)Iun 00)00)100 I'IW'Plsa0 YN WOW' .... fL Poe VT 00) Y ita18 • v PI 9.000jA.9 )1 TIC/10 000'05$ - r t01 000'00- T sol 0001020 - L 70) ' .§ {!f ■ ■ ■, [ S.3S4 _... 1!1311 II 5555 11111 , 11 YN 1 11 lots 1 and 2A- Bnidenel; 101s 2 and 3 -Commercial; 0.004- 3.81400)180 weeemel ald0)0 afpoi An wend 0 .t01 1 )Pole Y pa+1'atlsuraol A19 usual 000-00 . WV 3q - aw 000'017.2 01 000'01$ • TSol _ [ Al # i!&■ 11 11 1 ! / .1 !! ` ■ ! ! ! gl i. aalE oN ON 'a u)aun 00 00)wnlunl 00)018900 laicuaPlsaB /tu04n)eAVlelvausoo - 2 Pokilel A4unN asp e / ( % ; 5 I \ _ , 1 a ` Et . ° b .1 H / $ \1 .. " | 6 ; ! ! 1 ! 12 ! ; ' |� | • • J ! ! | | | 21 a!! 1 s )erouo0 Ih8'htnene Zoning ompOanta Permit Borough Tax Pad TY2007 . Parml Six Building Height As -Bum Survey Owner Say 7 Lodging Use Hire Lool Employees 7 uopeu8Pa0 new adsuaya)dw02 0 a O • 0 0 0 111 0 � O TITLE: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT NOVEMBER 6,2008 REGULAR MEETING ITEM NO: 13.D.2 Ordinance No. FY2009 -11 Rezoning A Tract Of Land In The Larsen Bay Townsite Legally Described As Tract A, Block 3, Lot 1 From R1- Single Family Residential To B- Business District (Case No. 03 -011.) The Community Development Department received this rezone case in 2003. It was postponed by the Planning and Zoning Commission until after the completion of the Borough's Comprehensive Plan. Upon completion of this planning effort, the Planning and Zoning Commission has traveled to the community of Larsen Bay in May of 2008 and again in September to hold public hearings on this request. . There were a number of parcels requested in this rezone. After public testimony, the commission is only recommending one of the lots. It is the parcel where the existing Uyak Bay Lodge is presently located. The applicant is in agreement with the Commission's decision. After the September 20, 2008 public meeting in Larsen Bay and after receiving significant community public testimony, the Planning and Zoning Commission is forwarding this case to the Borough Assembly with the recommendation to approve Larsen Bay Townsite, Tract A, Block 3, Lot 1 is request for rezoning. The Commission's "findings of fact" supporting its decision has been incorporated into an ordinance prepared for the Assembly. The materials reviewed by the Commission are also included with this case packet for Assembly consideration. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -11 in first reading to advance to public hearing at the next regular meeting. G i 3 4 5 6 21 22 3 1 31 32 33 34 35 36 37 38 Section 3: The findings of the Kodiak Island Borough hereby confirmed as follows: 39 17.72.020 A. Findings as to the .Need 40 Amendment. 41 Kodiak Island Borough Introduced by: Manager Gifford Requested by: Manager Gifford Drafted by: CDD Staff Introduced: 11/06/2008 Public Hearing: Adopted: 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2009 -11 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING A 11 TRACT OF LAND IN THE LARSEN BAY TOWNSITE LEGALLY DESCRIBED 12 AS TRACT A, BLOCK 3, LOT 1 FROM R1- SINGLE FAMILY RESIDENTIAL 13 TO B- BUSINESS DISTRICT (CASE 03 -011) 14 15 WHEREAS, the Uyak Bay Lodge is a long established hunting and fishing lodge; and 16 WHEREAS, owners of this establishment initially sought to rezone the parcels of land that the 17 lodge is located upon from R1- Single Family Residential to B- Business in 2003, in keeping with 18 the use of the property for lodge purposes; and 19 WHEREAS, the Commission postponed this initial rezone request in 2003 pending completion 20 of the new Kodiak Island Borough Comprehensive Plan; and WHEREAS, with the completion of the comprehensive plan the Commission flew to the Larsen Bay community in May and September to conduct two public meetings to take public testimony from the village residents on the rezoning request of these and other parcels; and 24 WHEREAS, The commission is recommending that the Assembly find that a rezone to the B- 25 Business zoning district of this lot is generally consistent with the Comprehensive Plan. 26 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 27 BOROUGH that: 28 Section 1: This ordinance is not of general application and shall not be codified 29 Section 2: Larsen Bay Townsite, Tract A, Block 3, Lot 1 be rezoned from R1- Single Family 30 Residential to B- Business District subject to the effective clause stating: "Prior to the rezone becoming effective, the petitioners will obtain zoning compliance for all structures and uses located on the developed lots located within the approved rezone area. Should the zoning compliance requirement not be met within 24 months of Assembly approval, this approval shall become null and void." Planning and Zoning Commission are and Justification for a Change or Ordinance No. FY2009 -11 Pacie 1 of 42 The purpose of the rezone is intended to create commercial zoning district to 43 accommodate existing lodge uses and structures located along the eastern edge 44 of the Larsen Bay Subdivision. The petitioners have indicated that the rezone is 45 needed as the only feasible way for them to move into zoning compliance status. 46 This request has been held in abeyance for five or more years awaiting an 47 update to the KIB Regional Comprehensive Plan and it is now time to make 48 these long awaited decisions in order to restore and maintain the balance 49 between residential and commercial uses in the Larsen Bay community. 50 51 Because the community leadership capacity has diminished in recent years due 52 to the turnover of leadership and administrative staff, the recommendations in 53 this case are limited to those lots where existing lodge use and structures are 54 established in order to maintain the status quo level of both commercial benefits 55 to the community and related community impacts associated with lodge uses. 56 The current RUBA report and associated utility rate study, in conjunction with the 57 most recent resolution adopted by the Larsen Bay City Council indicate a need 58 for change to occur in the community leadership and administration in order to 59 re- establish continuity of government operations and restore community 60 sustainability before more commercial development potential is considered for 61 the Larsen Bay Community. 62 63 17.72.020 B. Findings as to the Effect a Change or Amendment would have on 64 the Objectives of the Comprehensive Plan. 79 KODIAK ISLAND BOROUGH 80 81 82 83 ATTEST: Jerome M. Selby, Borough Mayor 84 85 86 87 Nova M. Javier, CMC, Borough Clerk 88 Kodiak Island Borough Ordinance No. FY2009 -11 of 2 65 The Kodiak Island Borough has not established a Mixed -Use zone in order to 66 fulfill the literal intent of the plan designation. As a result, the Mixed -Use 1.1) 67 designation will need to be fulfilled on a case -by -case, lot -by -lot, zone -by -zone 68 basis, in conformity with a generalized view of the comprehensive plan 69 designations as previously discussed in the staff report. 70 71 While the recommended zone changes are not entirely consistent with the 72 explicit plan map designations in the KIB Regional Comprehensive Plan Update, 73 the recommendations do take into account existing development patterns, 74 community comments, plan recommendations (generally) and the sustainability 75 of the community infrastructure and social fabric of the community. 76 77 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 78 THIS DAY OF , 2008 vernment operations and restore community sustainability before more commercia de , - lopment potential is considered for the Larsen Bay Community. 17.72. i 0 B. Findings as to the Effect a Change or Amendment would have on the Objec ' es of the Com . - hensive Plan. The Kodiaksland Borough has not established a Mixed -Use zone in order to 111 the literal intent of the pl esignation. As a result, the Mixed -Use designation will need • be fulfilled on a case -by -case, to y -lot, zone -by -zone basis, in conformity with a gene ized view of the comprehensive plan i as previously discussed in the staff repo While the recommended one changes are not entirely consistent th the explicit plan map designations in the 2008 K Regional Comprehensive Plan Up e : e, the recommendations do take into account existing deve • .ment patterns, community c• ents, plan recommendations (generally) and the sustainabilit of the community infr . • cture and social fabric of the community. The question was called and it CARRIE ► 4 -0. Dvorak clarified this is the Uyak Bay Lodge ► C d is comprised of 4 separate parcels. COMMISSIONER JANZ MOVED to reco - 'd that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subd• ision, . ct A; Block 2, Lots 2 and 3, and Block 3, Lots 1 and 2, from R1- Single - family ' - idential to : usiness, subject to an effective clause, and to adopt the "Findings of Fact" • the staff report . . ed September 10, 2008 in support of this recommendation. The motion as SECONDED by CO MISSIONER KERSCH. Close regular meeting: Open public hearing: Tim Carlson stated he w : ld support Lot 1 being Commercial and Lot - ave Residential. Joel Wattum, Uyak : ay Lodge, spoke in support of just the one lot wit the structure to be rezoned. Teresa Carls s asked the commission to speak louder because she can't hear a 't of what is being said arlson is not in support to all 4 lots being rezoned. Close ' blic hearing: Op regular meeting: ommission discussion. The question was called and it FAILED 4 -0. COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 3, Lot 1 from R1- Single - family Residential to B- Business, subject to an effective clause, and to adopt the "Findings of Fact" in ltl rstaff report dated Septem'er 10, 2008 in support of this recommendation. The motion was SECONDED by COMMISSIONER JUENGER. EFFECTIVE CLAUSE 1. Prior to the rezone becoming effective, the petitioners will obtain zoning compliance for all structures and uses located on the developed lots located within the approved rezone area. Should the zoning compliance requirement not be met within 24 months of Assembly approval, this approval shall become null and void. Kodiak Island Borough September 20, 2008 P &Z Guidelines Page 3 of 10 FINDINGS OF FACT (Applicable to all requests; 1, 2 and 3) Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The purpose of the rezone is intended to create commercial zoning districts to accommodate existing lodge uses and structures located along the eastern edge of the Larsen Bay Subdivision. The petitioners have indicated that the rezone is needed as the only feasible way for them to move into zoning compliance status. This request has been held in abeyance for five or more years awaiting an update to the KIB Regional Comprehensive Plan and it is now time to make these long awaited decisions in order to restore and maintain the balance between residential and commercial uses in the Larsen Bay community. Because the community leadership capacity has diminished in recent years due to the turnover of leadership and administrative staff, the recommendations in this case are limited to those lots where existing lodge use and structures are established in order to maintain the status quo level of both commercial benefits to the community and related community impacts associated with lodge uses. The current RUBA report and associated utility rate study, in conjunction with the most recent resolution adopted by the Larsen Bay City Council indicate a need for change to occur in the community leadership and administration in order to re- establish continuity of government operations and restore community sustainability before more commercial development potential is considered for the Larsen Bay Community. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Kodiak Island Borough has not established a Mixed -Use zone in order to fulfill the literal intent of the plan designation. As a result, the Mixed -Use designation will need to be fulfilled on a case -by -case, lot -by -lot, zone -by -zone basis, in conformity with a generalized view of the comprehensive plan designations as previously discussed in the staff report. While the recommended zone changes are not entirely consistent with the explicit plan map designations in the 2008 KIB Regional Comprehensive Plan Update, the recommendations do take into account existing development patterns, community comments, plan recommendations (generally) and the sustainability of the community infrastructure and social fabric of the community. The question was called and it CARRIED 4 -0 Tim Carlson stated he thought the commission said at the last meeting that the commission wasn't going to make any decisions until the property lines were squared away. Dvorak stated that may have been stated at the last meeting but the staff recommendation at this meeting is to forward this recommendation for the one lot with the effective clause that states the petitioner will obtain zoning compliance within 24 months or the rezone shall become null and void. They have to meet all requirements. CO JANZ MOVED to recommend that the Kodiak Island : • - • ssembly ubdivision, Tract A • - , o 4 from R1- Single - family of Fact" in the staff report dated ort of this recommendation. ' : SIONER JUENGER approve the rezoning o Residential to B- Business, and to ad September 10, 200 SE 1 : ' I e motion. Kodiak Island Borough September 20, 2008 P &Z Guidelines Page 4 of 10 3 s Current Location P & Z Case # 03 -011 Michael & Lisa Carlson, Uyak Bay Lodge, LLC Tammy Helms Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 - 3, Block 2, Lots 2, 3 & 4, and Block 3. Lots 1 & 2 from R1- Single Family Residential to B- Business. 0 N w� s 312.5 1 1 E 625 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 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. Current Zoning Larsen Bay Rezone Requests Agent: Multiple Request: Rezone from R -1 SFR to B- Business Elevent (11) total parcels Legend Business Conservation Industrial Light Industrial Natural Use Public Use Single Family Residential 1 I Two Family Residential Multi Family Residential Retail Business Rural Residential Rural Residential 1 Rural Residential 2 Split -Lot Zone Map prepared for the purpose of showing the Zoning of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up- to-date. Kodiak Island Borough Community Development Department. • Photo(s) P &Z Case #03 -011 Uyak Bay, LLC & City Request: A rezone, in accordance with KIBC 17.72.030 C (Manner of Initiation) for Larsen Bay Townsite Tr A Block 3 Lots 1 & 2, and Block 2 Lots 1 1A, 2, 3, & 4 from R1- Single Family Residential to B- Business Parcels Legend Parcel Selection; Uyak Bay LLC & City w Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour 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 Departrnem. MEMORANDUo z-- /--- DATE: September 10, 2008 /64-00"1/1 .2,-414-Ter c),/ TO: Planning and Zoning Commission J L<,� L 2 ©1 Z FROM: Community Development Department SUBJECT: Information for the Sept. 20, 2008 Regular Meetin CASE: 03 -011 APPLICANT: REQUEST: LOCATION: ZONING: Michael & Lisa Carlson, Tammy Helms, & Uyak Bay Lodge LLC A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A; Block 1, Lots 1 — 3; Block 2, Lots 2, 3 & 4; and Block 3, Lots 1 and 2, from R1- Single- family Residential to B- Business East end of Larsen Bay Townsite Subdivision R 1- Single - family Residential Twenty -five (25) public hearing notices were mailed on September 4, 2008. Date of site visit: May 9, 2008 1. Zoning History: All land in the City of Larsen Bay was zoned R1- Single - family Residential by KIB Ordinance No. 77 -19 -0. Since that time, four additional rezones were approved for Larsen Bay in MB Ordinances No. 88 -19, No. 89 -16, No. 91 -28 and No. 93 -52. The result is that nine (9) city owned parcels are now zoned PL- Public Use Land, one (1) privately owned parcel is zoned B- Business and the Larsen Bay Airport is zoned LI -Light Industrial. 2. Lot Size: Lot 1, Block 1 Lot 2, Block 1 Lot 3, Block 1 Case 03-011/Staff Report Lot 2, Block 2 Lot 3, Block 2 Lot 4, Block 2 Lot 1, Block 3 Lot 2, Block 3, Public Hearing Item VI -A 35,622 Sq. Ft. 21,600 Sq. Ft. 46,362 Sq. Ft. 28,201 Sq. Ft. 14,400 Sq. Ft. 36,484 Sq. Ft. 15,200 Sq. Ft. 15,200 Sq. Ft 3. Existing Land Use: Lot 1, Block 1 Lodge Page 1 of 28 September 20, 2008 4. Surrounding Land Use and Zoning: North: Lot 11, Block 2, Larsen Bay Sub. Use: Vacant Zoning: PL- Public Use Land South: Larsen Bay Airport Tract Use: Community Airport Zoning: LI -Light Industrial East: Larsen Bay Use: N/A Zoning: N/A West: Lots 3, 7 and 8, Block 3; Lots 5 and 10, Block 2, Larsen Bay Sub. Use: Vacant; Vacant; Single - family Residential Zoning: R1- Single- family Residential 5. Comprehensive Plan: The 2008 Kodiak Island Borough Comprehensive Plan Update designates this area for a combination of Residential and Commercial use. Lots 1 & 2, Block 1 are designated for Mixed Commercial /Waterfront/Residential. Lot 3, Block 1 is designated for Conservation. Lots 1 and 1A, Block 2 are designated for Residential. Lots 2 and 3, Block 2 are designated for Commercial. Lot 4, Block 2 is not designated. Lots 1 & 2, Block 3, are designated for Residential. 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.02.020 Reference and Use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.02.030 Comprehensive Plan. For the purpose of this title, the Kodiak Island Borough Comprehensive Plan consists of the following documents: A. The Kodiak Island Borough Comprehensive Plan Update, 2007, prepared by Cogan- Owens- Cogan. (Adopted by Ordinance No. 2007 -10, effective December 6, 2007); Case 03-011/Staff Report Public Hearing Item VI -A Lot 2, Block 1 Vacant Lot 3, Block 1 Lodge Lot 2, Block 2 Vacant Lot 3, Block 2 Vacant Lot 4, Block 2 Vacant Lot 1, Block 3 Lodge Lot 2, Block 3, Vacant Page 2 of 28 September 20, 200E 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The borough assembly upon its own motion; B. The planning commission upon its own motion; *C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development office, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. 17.72.055 Submission to assembly. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. COASTAL MANAGEMENT APPLICABLE POLICIES Commercial Development 1. Natural Features Dredge and fill, excavation, shoreline alteration and disturbance of anadromous streams, tideflats and wetlands shall be minimized when constructing and operating port, harbor, dock, business and energy facilities - if permitted under applicable regulations. Consistent: Case 03-011/Staff Report Public Hearing Item VI -A N /A. This action does not propose to construct a port, harbor, or dock. There will be no dredge or fill resulting in shoreline alteration or disturbance of anadromous streams. Page 3 of 28 September 20, 2008 • 2. Natural Setting, Views and Access Consistent: 3. Dredge and Excavation Material 4. Facility Design Consistent: 5. Buffer Zones Consistent: Case 03 -011 /Staff Report Consistent: N /A. No dredging or filling is proposed. Public Hearing Item VI -A Development shall be conducted in a manner that mitigates adverse impacts upon the Kodiak Archipelago; developers shall provide opportunities for public access to the shoreline and scenic views, to the extent feasible and prudent. N /A. This action will result in not result in a reduction of public access to the shoreline nor adversely impact scenic views. Dredging and filling shall be consistent with ACMP Standards 6 AAC 80.040 (Coastal Development) and 6 AAC 80.110 (Mineral and Mining Processing). Dredge spoil may be utilized in shoreside landfills if permitted under applicable regulations for the purpose of creating usable waterfront land. Developments in or over the water, such as piers, docks and protective structures shall be located, designed and maintained in a manner that prevents adverse impacts upon water quality, fish, wildlife and vegetative resources and minimizes interruption of water circulation patterns, coastal processes and navigation. N /A. No development in or over the water is proposed. There should be no adverse impacts on water quality, fish, wildlife or vegetative resources. Buffer zones shall be established to the extent feasible and prudent, between business areas and major public transportation routes and between business development and adjacent, non - business properties in order to minimize conflicts between land uses. Yes. A number of lots in the rezone area are larger than typical residential lots in the Larsen Bay Townsite Subdivision and can therefore provide a greater degree of building setback or buffer area. Commercial zoned lots adjoining residential may be required to install a screening fence, subject to Commission review and approval. Page 4 of 28 September 20. 2008 6. Accessory Development Case 03 -011 /Staff Report Consistent: 7. Wetlands Public Hearing Item VI -A Accessory development that does not require a shoreline location in order to carry out its support functions shall be sited away from the shoreline whenever there is a feasible and prudent inland alternative. This category includes parking, warehousing, open -air storage, waste storage, treatment or storm runoff control facilities or utilities. N /A. No accessory development is proposed along the shoreline. Filling and drainage of water bodies, floodways, backshores or natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: N /A. No filling or drainage of water bodies, backshores or natural wetlands is proposed as part of this action. Residential Development 1. Location In areas with poorly draining soils, development where feasible shall be connected to a sewer line. Where this is not feasible, on -site facilities shall be designed so as not to cause conditions that will pollute rivers, lakes, and other water bodies, including the ground water supply. Consistent: 2. Open Space Yes. Onsite well and septic systems are required to meet the standards of ADEC where municipal water and sewer are not available. Green areas and open space shall be retained to the maximum extent feasible and prudent when land is subdivided. Consistent: N /A. This request does not involve the subdivision of land. Page 5 of 28 September 20, 2008 1 Population 3. Access New subdivisions or other residential developments on the shoreline shall provide useable public access to and along the shoreline, extending the length of the development, to the extent feasible and prudent. Consistent: N /A. This request does not involve the subdivision of land. 4. Hazardous Lands Development shall not occur in hazardous areas such as avalanche runout zones, active floodplains, and high water channels to the extent feasible and prudent. Siting, design, and construction measures to minimize exposure to coastal erosion, mass wasting and historic tsunami run -up shall be required to the extent feasible and prudent. Consistent: 5. Wetlands Case 03- 011 /Staff Report Public Hearing Item VI -A Yes and No. There are several lots which are located within 30 feet of mean high water. According to the 1983 KIB Coastal Management Plan, lots located within 30 feet of MHW are vulnerable to Tsunami and severe storm surge. Lots within this elevation should probably not be developed with commercial or residential uses unless the structures can reasonably be "flood proofed" through the design of the buildings and the application of appropriate technology as part of the construction. Filling and draining of water bodies, floodways, backshores, and natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: N /A. This request does not involve filling or draining of waterbodies. COMPREHENSIVE PLAN REVIEW According to the January 2008 KIB Comprehensive Plan Update, the year - around population of Larsen Bay has been steadily declining for the past seven years or more. This decline in population was nearly 16% in the years from 2000 to 2005 based on state estimates. A visual representation of the negative population trend in Larsen Bay is shown on Figure 1. Page 6 of 28 September 20. 2008 Local Government Public Hearing Item VI -A The City of Larsen Bay is a Second Class City incorporated under the applicable provisions of Alaska Statutes Title 29. As a general law municipality, it exercises much authority over the day -to -day activities in Larsen Bay. The city owns and operates the local landfill, water and sewer utilities, electrical utility, as well as providing for road maintenance and many other general government functions. The City of Larsen Bay is also a taxing authority which has imposed a $5.00 per lodge guest per day "bed tax" or transient accommodation tax on guests lodged in the community. A request for bed tax information from the City of Larsen Bay was not available in time to be included in this staff analysis. Should such information be received prior to public hearing it will be presented as an attachment to this report. The native community of Larsen Bay is served by the Larsen Bay Tribal Council. Native tribal or traditional councils act as a governing body to represent Alaskan Native residents in the Borough. These councils govern local affairs and provide a variety of social and other public services. Zoning Regulations The Kodiak Island Borough is a Second Class Borough which exercises zoning and platting authority within the Borough as well as within all cities located within the Borough. In accordance with Alaska Statutes Title 29, only a first class or home rule municipality may request a delegation of zoning and platting authority. The City of Kodiak is the only eligible municipality at present and it has not requested such a delegation. In order for the Kodiak Island Borough to wield land use authority is must adopt and maintain a borough -wide comprehensive plan. The Borough recently adopted a borough -wide comprehensive plan update in December 2007. In addition, the 1984 Larsen Bay Comprehensive Plan is still a part of the Borough's adopted plan set. According to the newly updated plan, the new plan takes precedence over policies and recommendations that may be in conflict between the two plans. In other areas covered by the 1984 plan that are not covered in the borough -wide plan the 1984 still has relevance as a policy tool. Future land use maps prepared during the local comprehensive planning recently concluded were largely based upon previous land use plan maps associated with earlier (adopted) plans. This was done to provide a starting point at the beginning of the planning process. In each community residents were asked to identify general or specific changes to proposed future land uses. While the maps may show certain land use designations associated with only a single parcel or small group of parcel, the reviewer must keep in mind that the plan is a generalized policy document and that the maps alone do not create an entitlement to the proposed land use designation. The guidance in the plan is based largely on public input and not on the kind of investigative information that is usually provided in a zoning change review. Therefore, while the plan may have adopted a property owner's suggestion or some other publicly gathered input, the fmal decision to change a zoning designation must be generally consistent with the plan, but Case 03 -011 /Staff Report Page 7 of 28 September 20, 2008 i it must also consider other cogent factors relevant to the physical context of the site and the impact the change in use will have on the surrounding community. Another consideration that must be taken into account is the timing of a zoning change. Comprehensive plans typically project future land use proposals for a 10, 15 or 20 year period. The Commission and Assembly are not obliged to implement such recommendations in the plan if the overall condition and context of the community are not ready for such changes. As indicated in KIBC 17.01.030 (Intent), the purpose of the KIB system of land use regulation is to: In general, residents of smaller communities recommended allowing for a mix of residential and commercial or home employment uses in some portions of their communities, in combination with assurances that non - residential uses will not adversely impact nearby residential and institutional uses. This can be a very difficult proposition to address when remote communities are forced to develop in a very compact and "organic" nature due to the limits of extending infrastructure beyond the high to medium density core community. While many Comprehensive Plan meeting participants were satisfied with existing zoning regulations, some suggested that the Borough revisit the types of uses allowed in certain zones. The most common complaint is that lodges and Bed and Breakfasts should be allowed more widely, including within the Rural Commercial zone. However, others expressed concerns about the appropriateness of allowing lodges to locate within existing neighborhoods, particularly if they have the potential to adversely affect surrounding residential uses due to noise or other conditions. Some comprehensive plan participants were also interested in adopting standards for building aesthetics and signage, especially for large commercial buildings. Most current zoning and land use issues in the villages are related to providing land use flexibility, reducing conflicts and eliminating non - conforming uses. The necessity of coordinating existing local Comprehensive Plans with the updated Comprehensive Plan before adoption was also cited as an issue. Case 03-011/Staff Report Public Hearing Item VI -A ❖ Provide for orderly development; + Lessen street congestion; •• Promote fire safety and public order; ❖ Protect the public health safety and general welfare; + Prevent overcrowding; ❖ Stimulate systematic development of transportation, water, sewer, school, park, and other public facilities; and ❖ Encourage efficiency in the use of energy and the substitution of energy from renewable sources for energy from fossil fuels. Page 8 of 28 September 20, 2008 Goals, Policies & Implementation Actions (General) Goal: Regulate and manage land uses to balance the rights of private property owners with community values and objectives. Policies: Implementation Actions: ❖ Identify an adequate supply of land in each community to meet future residential and other land development needs based on future population and employment growth projections, assumptions about the type and land requirements for projected uses and conditions or constraints that may affect development. Consider use of public or private Native -owned lands to help meet these needs. ❖ Evaluate the need and recommend specific sites for commercial and industrial uses within and outside cities and unincorporated communities in the Borough to meet future economic needs. ❖ Update the Borough's zoning code to allow a more flexible set of uses in smaller communities, while continuing to minimize conflicts among adjacent , potentially incompatible uses. Use size limitations, restrictions on noise or odor, buffering and other means to minimize conflicts. Goal: Develop a comprehensive management framework to encourage economic development while protecting coastal resources. Policies: Policies: Case 03- 011 /Staff Report Public Hearing Item VI -A ❖ Maximize compatibility of adjacent land uses and minimize conflicts through zoning, buffering, design standards and other means. ❖ Zone land to meet future housing, commercial, industrial and other land needs. ❖ Encourage future industrial and commercial development to be sited and constructed to promote the most efficient utilization of waterfront areas and coastal resources. ❖ Ensure that new development complies with municipal, state and federal land and water regulations. ❖ Encourage innovative development designed to maximize the use of available land. Goal: Ensure that land use and development decisions consider subsistence resources and activities. ❖ Partner with local communities, land owners, state and federal agencies, and Native groups to maintain and improve fish and wildlife habitats important for subsistence resources and activities. ❖ Support the use of, and access to, subsistence resources by subsistence users. Page 9 of 28 September 20, 2008 Goals, Policies & Implementation Actions (Economy) Public Nearing Item VI -A Implementation Actions: • Require development to avoid or minimize potential adverse impacts to subsistence resources and activities. Tourism: There is no formal measure of jobs provided in the tourism industry. These jobs are often included in other sectors of the economy, such as transportation. However, in 2005, there were 469 employees working in the leisure and hospitality sector (borough- wide), many of whom serve Borough visitors. The Borough tourism industry's most important asset is the large amount of easily accessible public land and water available for recreational use. A wide variety of year - around outdoor activities are available to tourists on the Kodiak Archipelago, including hiking, fishing, hunting, wildlife viewing, adventure activities, and camping. The Kodiak area offers many charter boats, fish camps, float trip guides and outfitters and wilderness lodges. Tourism services and facilities offer a broad range of accommodations (hotels, bed and breakfast and lodges). Outside of the City of Kodiak and its associated road system are six Native communities. Each community has unique cultural traditions, offering varying levels of tourism facilities and services. Communities with the most tourist facilities (lodging, charter fishing, guides and outfitters) are Old Harbor, Larsen Bay and Ouzinkie. The vast majority of Kodiak Island visitors take part in recreational and tour activities outside the populated areas. The greatest tourism development challenges for the Borough are in the areas of infrastructure and attraction development in smaller communities, accessibility problems due to weather, and marketing. Kodiak is more difficult to reach than other visitor destinations within the state because it is a non -road connected island. Many tourists perceive Kodiak as difficult to access because of poor weather conditions. In fact, 95 percent of scheduled commercial flight operations are completed annually. However, the lack of runway lights, navigation aids and poorly configured runways does create difficulties accessing the outlying communities in bad weather. Many challenges still exist in many of the smaller communities within the Borough. While these communities have a great many assets to draw upon in attracting visitors, most have yet to develop their potential or to build the basic infrastructure necessary to accommodate visitor needs. Issues: Support for Tourism. Comprehensive Plan meeting participants suggested infrastructure improvements and other actions to support the tourism industry. Residents of many of the smaller communities also have identified dock improvements that would allow passenger ferry service, as important for supporting tourism and other local needs. Nearly 80% of participants in a Borough -wide telephone survey identified them as important or very important. Participants in Case 03-011/Staff Report Page 10 of 28 September 20, 2008 Public Hearing Item VI -A some meetings expressed a concern that allowing for too much tourism could adversely affect rural communities and/or create conflicts between visitors and residents. However just over 40% of participants in the Borough -wide phone survey believe the benefits outweigh the costs and another 30% think the costs and benefits are about the same. A balanced approach to tourism marketing that will help balance the economic decline in commercial fishing and other industries, while minimizing adverse impacts on local communities is recommended by some. Sport fishing, Guiding and Subsistence Fishing and Hunting: Community members noted the importance of ensuring that elected representatives understand the importance of sport and subsistence fishing, in addition to commercial fishing. Some studies indicate that the sport fish catch is more valuable to the local economy per pound than commercial fishing. There is a need for local registration areas to protect local hunters and guiding outfits. Economic Diversification. Comprehensive Plan meeting participants noted that, while it is important to support fishing and tourism, action should be taken to diversify the Borough's economy and support other economic sectors that are less cyclical and/or seasonal. Over 70% of telephone survey participants say this is important or very important. Some potential examples include: improving economic opportunities in outlying villages, particularly for young people; potential changes in tourism, including opportunities for increases in small cruise ship visits; recreational tourism, including large yacht traffic; and the potential for increase meeting and conference activity. Goal: Enhance the Visitor Industry's role as a significant component of the Kodiak Region's Economy. Policies: • Help monitor tourism development efforts to minimize adverse impacts on local communities. Goal: Diversify the overall economy of Kodiak Region. Policies: Case 03-011/Staff Report ❖ Assist in the economic development of the outlying communities of Kodiak Island in cooperation with city governments, Tribal Council, Koniag, KANA and others, and consistent with local community goals identified in this plan and other planning efforts. ❖ Encourage and facilitate small business development on Kodiak Island. Page 11 of 28 September 20, 2008 Public Hearing Item VI -A Implementation Actions: • Assist local govemment entities with their efforts to secure funding for capital improvement projects. Goals, Policies & Implementation Actions (Housing) According to the January 2008 KIB Comprehensive Plan Update, there are 68 total single - family detached housing units in Larsen Bay. This figure may not reflect the use of some housing units as seasonal lodges and Bed & Breakfasts however. According to Census data, about 43% of all housing units in Larsen Bay were built during the 1980 to 1989 time frame. Only 3% of the total housing stock has been constructed since 1990 which indicates that 54% of all Larsen Bay housing was constructed in 1979 or prior years. Kodiak Island Housing Authority developed 28 housing units in Larsen Bay originally. These units were intended to allow the property owners to accrue equity in the properties on a "lease to own" basis, eventually culminating in a full conveyance of ownership. According to the Plan update, 10 units have been conveyed into private ownership since this program was begun with 18 housing units still in KIHA ownership. There is no housing affordability data or future needs information in the plan that specifically references the Larsen Bay. Based on the declining population of the community that was mentioned previously it is hard to imagine that the cost of housing in going up on the basis of unsatisfied demand for housing. In addition, the cost of heating fuel and other utility services in Larsen Bay is likely to be burdensome to a typical householder such that it would likely serve as a significant off -set to any savings obtainable in the housing market through reduced demand. This condition may be making the acquisition of residential property and structures to be used for seasonal income purposes, i.e. lodges, vacation rentals, bed & breakfasts, etc., may eventually make it harder to reverse the current trend of dwindling residential population. This may also be contributing to the current difficulties in maintaining a stable community leadership structure as the members of the community depart Larsen Bay or become seasonal -only residents, thereby not qualifying for city leadership positions. There is a recognized need for new or improved teacher housing which was a universal concern in all of the outlying communities as a means to improve the quality of life and thereby encourage teachers to stay in the communities longer. Along the same lines is a growing need in all communities to provide improved hosing forms and services for elders so that they may be able to stay in their home communities throughout their later years without having to move to a larger community to obtain the age specific services they may need. There is no vacancy rate housing data specifically called out in the plan for Larsen Bay. Staff believes a reasonable inference to the data that is available however may point to the possibility of vacant residential units and vacant residential properties becoming a relatively cheap and affordable target for conversion to seasonal lodge or hospitality trade use. Given the somewhat random manner in which these properties may be acquired for these purposes, the only way to ensure some balance of land uses in the community is through judicious plan implementation, systematic zoning, and disciplined code enforcement. Case 03- 011 /Staff Report Page 12 of 28 September 20, 2008 Once residential properties are designated for non - residential purposes (and lodging (except for bed & breakfast) is generally a considered a business /service, not a residential use), it will be much harder to reverse course should the population trend in the community have an opportunity to reverse course at some point in the future. Staff believes that unless there is a determined mind set to reserve a certain amount of land for housing within the existing Townsite, a determined trend of residential to commercial zoning conversion in Larsen Bay could at some point become an impediment to such a population trend reversal. Goal: Help ensure that an adequate supply of land for housing and a sufficient stock of housing, including affordable housing, are available for Borough residents. Policies: Implementation Actions: ❖ Explore ways to address or mitigate the high cost of heating oil for Borough residents, particularly for households with limited incomes. ❖ Continue to work closely with the Kodiak Island Housing Authority to support programs to provide housing to individuals and households with limited incomes. ❖ Identify possible locations and funding sources to construct senior housing facilities in the City of Kodiak and outlying communities. Goals, Policies & Implementation Actions (Transportation) Larsen Bay is served by at least two regularly scheduled flight services and a number of charter flight service operators. The Larsen Bay airport is maintained and operated by the State of Alaska, Department of Transportation and Public Facilities. The length of runway is approximately 2,700 feet and the airport is one of the few outlying runways to have runway lighting installed. The airport runway is unpaved and is limited to serving relatively small and slower moving aircraft. The community has expressed a desire to lengthen the runway to serve larger aircraft that could flight directly between Larsen Bay and Anchorage rather than having to go through Kodiak as the regional hub. At present it does appear that ADOT /PF is moving towards longer runways for outlying community airports, but it is unknown whether the current runway length standard would satisfy the community's perceived need or whether the airport is situated in a location suitable for such improvements. Case 03- 011 /Staff Report Public Hearing Item VI -A ❖ In partnership with local communities, Tribal councils, Native Corporations, the Kodiak Island Housing Authority and others, help ensure that there is an adequate supply of developable residential land to meet long -term housing needs throughout the Borough, including housing for seniors. ❖ Support efforts to improve and/or identify adequate teacher housing facilities in outlying villages and cities. ❖ Work with local communities and residents to support development of alternative, less - costly fuel or energy sources. Page 13 of 28 September 20, 2008 Public Hearing Item VI -A The fact that Larsen Bay has regularly scheduled air transportation services, coupled with its local infrastructure is probably why the community has become a popular destination for recreationists and lodge clients. In addition, the present quality and abundance of fish and game are also factors that make Larsen Bay a desirable tourist destination. Ground transportation in Larsen Bay is by POV and ATV. Given that the roads in Larsen Bay are unpaved, it would be advisable to restrict commercial lodge traffic to the main thoroughfares to the greatest extent possible. Access drives directly onto an arterial or collector class street should be encouraged if not outright required in the context of commercial vehicle traffic in close proximity to residential land and uses. Goal: Improve air transportation between the City of Kodiak, MB villages and the rest of Alaska. Policies: •S Support local communities in identifying future land and facility requirements for landing strips and airport expansion and identify appropriate sites. ❖ Repair and expand old runways to accommodate new aircraft and to enhance economic opportunities. ❖ Support regular air passenger and freight service to all communities within the Borough. The City of Larsen Bay also operates a small boat harbor that was constructed by the State of Alaska Department of Transportation and Public Facilities. This is another desirable feature of the community that helps to encourage and support local charter and transporter activities in addition to local subsistence and commercial fishing. At the time of this writing staff does not have a count of the total number of slips available in the harbor and how many are committed to long term use agreements. Issues: Marine Freight Service. Residents expressed the need for marine freight service, which was recently discontinued by the primary carrier for most rural communities. Goal: Improve facilities for water transport of passengers and freight. Policies: Case 03- 011 /Staff Report ❖ Explore the feasibility of regular ferry service to communities off the road system to reduce the cost of freight and passenger transport, support economic development goals and provide a wider range of transportation options for residents and visitors to those communities. Page 14 of 28 September 20, 2008 Goals, Policies & Implementation Actions (Public Services and Facilities) Case 03- 011 /Staff Report Public Hearing Item VI -A Implementation Actions: ❖ Promote an ADOT &PF feasibility study for an Alaska Marine Highway System regional ferry system based in Kodiak to improve passenger and freight haul costs and reliability. + Construct and/or improve docks, harbors and boat launch facilities in communities throughout the Borough. Identify land and facility needs for such facilities. Other Issues: Maintenance: Maintenance of the existing transportation system should be prioritized. In addition, local, regional, and state jurisdictions should work collaboratively to document and monitor maintenance needs, funding, and expenditures. Improved Coordination. Better communication and coordination among ADOT &PF, KIB, and cities is needed to efficiently plan for future transportation systems, including in rural areas and other communities where additional growth may be expected. Resolution of planning and construction schedules and cycles among different agencies also is important. Land Use and Transportation Coordination. Development, land use and transportation are inextricably linked and need to be coordinated to ensure facilities are adequate to serve current and future residents and that new growth does not overwhelm individual facilities or intersections. Development and maintenance of transportation facilities also should support demand for recreational use and facilities, including parks, open space and trails. The City of Larsen Bay operates and maintains nearly all infrastructures serving the city residents. Two notable exceptions are the airport and the telephone system. The city operates and maintains a water and sewer system. The sewer system only serves the east half of the community however, lots in the west half are served by on -site septic systems. The sewage is only provided treatment through a septic tank system before the effluent is conveyed to an off- shore mixing zone through an outlet pipe. One public hearing notice and several phone calls have expressed concerns with the adequacy of the sewer system and in one instance partial system failure was being alleged. The property owner indicated that raw sewage perceptible by its odor was being observed at certain locations in the eastern portion of the community This will bear further investigation when staff and the commission are in Larsen Bay, although the actual responsibility for regulating such wastewater systems rests solely with the Alaska Department of Environmental Conservation (ADEC). For those lodges utilizing on -site septic systems, an effective clause would likely be appropriate similar to what was required for the Chiniak Winery rezone to ensure that onsite systems meet applicable ADEC standards before allowing any zoning change to become effective. Page 15 of 28 September 20. 2008 Goal: Provide reliable water supplies and sewage treatment systems. Policies: Goal: Maintain and improve solid waste disposal services and facilities. Policies: Case 03- 011 /Staff Report Public Hearing Item VI -A ❖ Work with local communities to support upgrades to water supply systems to reduce water loss and provide for adequate distribution. ❖ Work with local communities to improve public and private sewage disposal systems to prevent the contamination of private wells and the pollution of wildlife habitat and other natural resources. •S Encourage development of public water and sewer facilities Borough - wide. ❖ Support local community efforts to maintain, improve and expand sewer and water facilities, as needed. Implementation Actions: ❖ Work with local communities to support upgrades to water supply systems reduce water loss and provide for adequate distribution. ❖ Work with local communities to improve public and private sewage disposal systems to prevent the contamination of private wells and the pollution of wildlife habitat and other natural resources. ❖ Encourage the development of public water and sewer facilities Borough - wide. ❖ Support local community efforts to maintain, improve and expand sewer and water facilities as needed. The city owns and operates the local landfill. In recent years the city has obtained grants to fence and improve the landfill in order to make it less attractive to bears and more compliant with ADEC and EPA regulations. Lodge uses while often seasonal have the potential to transport large amounts of food and consumer goods in support of staff and clients which can increase the amount of trash that is subsequently disposed of in the landfill. Staff has requested information on the operation of the landfill and the usage rates charged for this service; however the information has not been received as of this writing. It is not clear to staff exactly how fish waste and offal from lodge related fishing and hunting activities are being dealt with in order to minimize negative bear interactions and to ensure that public health and sanitation is protected. ❖ Maintain and upgrade the solid waste and landfill facilities within the KIB, in collaboration with local communities. ❖ Coordinate with state, federal and local agencies to identify, fund and implement optional disposal procedures for marine wastes. ❖ Explore and promote additional economically sustainable opportunities for recycling and waste reduction. ❖ Support efforts or programs to remove metal waste and other large or hazardous waste products from local communities, particularly those off the road system. Page 16 of 28 September 20, 2008 ❖ Support local community efforts to address scavenging bears at solid waste landfills. The city owns and operates the local electrical power system, which includes a combination of hydro - electric and diesel generators, along with all the distribution lines and transformers. The distribution system is largely located underground with occasional transformer pedestals strategically located to facilitate power distribution and maintenance. One downside to the hydro - electric power system is that the penstock for the system is the same reservoir that provides drinking water to the community. Given that the community does not have a suitable backup water supply, the water level in the reservoir requires constant monitoring to ensure that domestic water supplies are not sacrificed for the sake of electrical power. The city can switch to diesel fired generator sets in this event, however the result in a significant increase in the electrical production costs to the entire community. It is staff understanding that there are no electrical meters in Larsen Bay and that the utility rate is based on a flat rate system. While it is not appropriate to get too deeply into the city's business regarding utility rates and operating costs, the capacity of the city to reasonably provide electricity and other municipal services should be a principal focus of this investigation. The city has in fact provided a city council resolution indicating the infrastructure of the city to currently be at capacity such that additional lodging or other facilities cannot be supported. Although the city could conceivably raise service rates to compensate by raising additional revenues, it has to balance this prospect against the potential of pricing out other residential and governmental service providers. Goals, Policies & Implementation Actions (Education) Public Hearing Item VI -A The Kodiak Island Borough owns the Larsen Bay community school building and it is responsible for major maintenance of the building. The Kodiak Island Borough School District (KIBSD) is responsible for providing the school curriculum and day -to -day building maintenance. It does not appear that the rezone of land to support lodges will at this point have a significant impact on the school however should the number of students enrolled fall below 10 students due to the overall population decline of the community, the school will be closed according to KIBSD policy. Goals, Policies & Implementation Actions (Public Safety, Fire Protection, and Emergency Services) Larsen Bay has one full -time VPSO to provide public safety services to the community. The community also has a volunteer fire department with one fire truck and a smaller "fire trailer ". Both pieces of equipment are available for fire response within the community. The community also has a 20 foot shipping container with oil spill cleanup supplies in order to generate an initial response in the event of a reportable petroleum spill. The city has a tsunami shelter located above the Townsite in case of a major tsunami event. Staff does not know whether the facility is sized to accommodate large numbers of tourists in addition to the full -time residents of the community. Given that many of the proposed lodge zoning areas area located along the shoreline areas some thought may need to be given to this possibility. Case 03 -011 /Staff Report Page 17 of 28 September 20, 2008 The community has a small medical clinic which is operated by the Kodiak Area Native Association. Not much more is known about the number and qualifications of staff working at the facility or what the general hours of operation might be. Goal: Support the state, cities and local service districts in continuing to provide adequate law enforcement, fire protection and other emergency services. Policies: Policies: Policies: Case 03- 011 /Staff Report Public Hearing Item VI -A • Endorse efforts of local communities to retain village public safety officers (VPSO's). • Support existing local fire protection districts and volunteer organizations; promote formation of new districts or groups within local communities where resources are available. Implementation Actions: ❖ Coordinate with and provide technical support to local communities in addressing their fire protection and emergency response needs. Goal: Work with private, Native and other organizations to support provision of cost effective health care services for all Borough residents. • Support efforts by KANA and others to address health care issues in outlying communities. ❖ The City of Larsen Bay supports a local Senior Center which is located within the principal city office building. The operation of the center is a collaborative effort between the Senior Citizens of Kodiak, Inc. and the Kodiak Area Native Association which provides congregate meals to senior citizens 60 years of age and older. Not much more is known about the staffing and operations of the facility the time of this writing. Goal: Support development of housing and associated services for seniors to meet current and future needs. • Continue to support efforts of the SCOK to develop senior housing and services, including options that allow for seniors to live independently in their own communities as long as possible, as well as assisted living or senior care facilities. ❖ Continue to support efforts of KANA and the Kodiak Island Hospital to provide health care and related services for seniors throughout the Borough. Implementation Actions: Page 18 of 28 September 20, 200E Policy: Public Hearing Item VI -A ❖ Explore specific tools to encourage development or improvements to senior housing, such as tax breaks, flexible development regulations, and technical assistance for grant writing. Goal: Help provide energy in a cost effective, energy- efficient manner, in part to address the effects of high costs of fuel. ❖ Promote alternative uses of energy and conservation. Implementation Actions: ❖ Develop a borough energy plan in coordination with statewide planning programs. ❖ Explore opportunities for new hydroelectric, tidal, or wind power facilities in local communities throughout the Borough; utilize case studies and best practices from similar projects in other communities. ❖ Explore the feasibility of providing subsidies to low income households to assist in paying for the cost of heating and/or electricity bills. Goals, Policies & Implementation Actions (Parks & Recreation) Probably the biggest reason for Larsen Bay to be a tourist and recreation destination is its location abutting the Kodiak National Wildlife Refuge. That, and its proximity to marine waters which provide access to many productive fishing and hunting areas makes Larsen Bay an ideal location for lodging operations. The City of Larsen Bay provides a great deal of infrastructure support that would ordinarily be unavailable or very costly to provide in a remote lodge setting, such as the state sponsored airport, small boat harbor and community electrical system. In addition the location of the community serves as an intermodal transportation node where travelers may transition from one form of transportation to another if they are heading for a recreational area or activity outside of the Larsen Bay Townsite. In addition to the marine waters, hunters, fishers and recreationists may also travel overland by ATV to Karluk Lake and the Karluk River drainage. Staff understands that access to this area may be subject to KNWR permit limitations through a joint agreement of the Refuge and the Koniag Native Corporation which controls much of the land involved. Goal: Maintain and/or improve access to public recreational lands, including via Native Corporation or other private lands, where possible. Policy: Implementation Actions: Case 03- 011 /Staff Report ❖ Support acquisition of easements, land or other methods for accessing recreational lands and resources. Page 19 of 28 September 20, 2008 Goal: Ensure the long -term viability of and maintain a high level of quality of the recreation experience in Kodiak for both residents and visitors. Policies: Policies: Case 03-011/Staff Report Public Hearing Item VI -A ❖ Establish and a process that can be used to identify and prioritize specific areas where access is needed and desired by community residents and visitors. ❖ Investigate and assess the feasibility of specific tools for establishing or requiring access; determine which tools are most appropriate for specific conditions or situations. ❖ Support the development of recreational facilities in village communities and other designated areas within the MB; encourage communities to develop and update local recreation plans. Goal: Ensure that commercial recreation and tourism and private recreation activities minimize adverse impacts on the environment and other private landholders. + Work with public land managers and private landowners to develop and implement policies and regulations for the intensity and density of permanent recreational facilities and temporary recreational activities. ❖ Assess cumulative impacts and identify carrying capacity considerations associated with commercial recreation and tourism development in the MB. + Consider implementation of requirements for remote recreation activity such as concentrating the development in specific nodes or permitting clusters of commercial recreation and tourism development in selected locations. Implementation Actions: ❖ Evaluate the impact of commercial recreation and tourism development on sensitive fish and wildlife populations and their habitat, cultural resources and water quality. • Consider the costs of commercial recreation and tourism on adjacent landowners. Chapter 10 - Environmental quality As previously mentioned, the City of Larsen Bay provides the community with a supply of potable treated water. The water shed for the city reservoir is located south of the Townsite and extends substantially into the KNWR. While unlikely to affect the water supply, potential sources of water pollution to the surrounding marine waters include: 1) community sewage outfalls; 2) failing on -site septic systems located close to tidewater; 3) fish processing and waste disposal; and 4) non -point pollution sources. Page 20 of 28 September 20, 2008 Chapter 11— Please see attached excerpt Case 03- 011 /Staff Report GENERAL COMMENTS Public Hearing Item VI -A Of particular concern in this regard is the adequacy of the existing community wastewater system and the adequacy of on -site septic systems located in the west half of the Townsite. Although ADEC and other federal agencies don't have a presence in remote areas of the state, they do still have regulations that must be met by the operators of community sewer systems or on -site wastewater systems that is used for commercial purposes. There are also state and federal regulations pertaining to air quality, but this seems to be a lower priority issue in the outlying communities. The KNWR and private land owners such as the Koniag Native Corporation are in the best position to regulate the habitat values on the land under their control. Indeed they would be the responsible parties for any activities taking place that might violate existing environmental regulations assuming that more culpable parties cannot be identified. The more activity in an area that relies upon motorized transportation the more chance for oil or fuel spillage to occur. In addition, these activities will produce over time waste products such as waste oil and antifreeze contaminated water as a by- product of vehicle use. Certainly this is already a reality for year around residents but the advent of many lodges may cause a spike in such waste products due to the relatively short and intense tourism season. It is unknown as of this writing just exactly how these wastes are currently being disposed of. In addition to the fish and wildlife resources that are the main attraction for tourists and recreationists, there are many other desirable attributes of the area which may attract visitors such as scenic resources and historic resources. These resources are usually considered a side benefit to other recreationist activities, however in each case recreational use and the development that supports it may inadvertently have an impact on these resources if the siting and development of support facilities, such as lodges, are allowed in an unregulated fashion. Because much of the uplands are owned by the KNWR and private Native Corporations, these land owners are more likely to exert control over scenic and historic resources. In some regards it makes sense to have lodges concentrated in a Townsite area such as Larsen Bay rather than having them dotting every viable location along the shoreline. So long as the community can provide adequate infrastructure support at an affordable cost and the lodge uses contribute to the community in other economic ways to provide an off -set for seasonal impacts. A number of potential impacts are mentioned in the comprehensive plan, 1) wasted and contamination disposal practices that might impact watersheds and drinking water quality. The petitioners have requested a rezone of 8 lots in the Larsen Bay Townsite Subdivision to be rezoned from R1- Single - family Residential to B- Business. The property owners currently have a combination of residential and lodge use established in the rezone area although a number of the lots included in the request are currently vacant. In the following text, the comments that are Page 21 of 28 September 20, 2008 Public Hearing Item VI -A • unique to each request will b bifurcated and numbered separately so that each owner /lodge operation will be addressed separately leading to multiple recommendations and motions. The B- Business zone was determined to be the only zone that would permit the uses requested by the petitioner's and not result in nonconformity of the lots due to inadequate lot size. The Rural Neighborhood Development zone requires a two (2) acre minimum lot area. Because this area is served by municipal water and (onsite or community) sewer the B- Business zone can be applied, although this zone permits a very broad range of commercial and service related uses in addition to the uses currently located on the site. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The 2008 KIB Regional Comprehensive Plan Update designates the rezone areas as a combination of Business, Mixed -Use and Residential as follows: Request No. 1: Lots 1, 2 and 3, Block 1, (Carlson). Lots 1 and 2 are designated for Mixed -Use and Lot 3 is designated for Conservation. Staff it not clear how this designation was determined, however the KIB tax assessment records indicate that Lots 1 and 3 are developed with residential and lodge uses and that Lot 2 is vacant. As one of the oldest (if not the oldest) lodge in Larsen Bay, it will be important to reconcile the existing development pattern with the comprehensive plan designation. It will be important to keep in mind the general nature of these designations rather than unquestioningly following the map depiction. The Mixed Use designation can be considered in the multiple terms of commercial, waterfront or residential uses and zones. In this case, it seems appropriate to consider, at a minimum, the developed lots for B- Business zoning given the relatively isolated nature of the complex at the end of the main street (Third Avenue) and the fact the site is abutting Uyak Bay on one side and the Larsen Bay Airport on the south side. Request No. 2: Lots 2 and 3 Block 2; Lots 1 and 2, Block 3 (Uyak Bay Lodge, LLC). Lots 2 and 3, Block 2 are designated for Commercial and 1 and 2, Block 3, are designated for Residential. These designations are complicated by the fact that the main lodge building is located on Lot 1, Block 3 (designated Residential) and a portion of the adjoining ROW. Although there are a number of access drives approaching the lodge parcel, Lots 2 and 3, Block 2 and Lot 2, Block 3 are currently vacant of any permitted structural developments. It should be noted that there is an un- permitted accessory building located on Lot 2, Block 2, which appears on a recent as -built survey submitted for a related ROW Vacation request. It will be important to keep in mind the general nature of these designations rather than unquestioningly following the map depiction. In this case, it seems appropriate to consider, at a minimum, the developed lots for B- Business zoning given the relatively isolated nature of the complex at the end of the main streets (Third Street and Second Street). Although the main lodge shares a boundary with a residential developed property (Lot 8, Block 3) there have been no zoning complaints filed on the lodge use and/or structures as currently configured. Although the site as very limited frontage abutting Uyak Bay, the lodge building appears to be located with a relatively unrestricted view to the Uyak Bay. Case 03- 011 /Staff Report Page 22 of 28 September 20, 2008 Public Hearing Item VI -A Request No. 3: Lot 4, Block 2, (Tammy Helms). Lot 4 is designated for Residential development. The lot has an unusual shape given its location between an intersection of streets and the abutting meander line along Uyak Bay. The property is currently vacant. ZONING/USE: Request No. 1: Lots 1, 2 and 3, Block 1, (Carlson). The lots area currently zoned R1- Single- family Residential. The proposed rezone would make the lots B- Business, which is the primary commercial district applied in the City of Kodiak and in Womens Bay. The B- Business zone permits a wide range of commercial uses and services, which the Commission should look at closely to see whether there are any potential uses allowed which might create a conflict for the surrounding area, which is also zoned R1- Single - family Residential. The B- Business zone permits single - family residential use when it is located in a structure containing a permitted commercial use, subject to certain limitations on the basis of floor area and residential area in relation to street frontage. It is possible that the rezone, if approved, could create a nonconforming use or structure on one or more of the lots. Additional information would be required about the existing structures and their floor plans in order to say for certain what the outcome would mean. Staff notes that there are reduced off - street parking requirements in the villages for either residential or commercial uses. As discussed in prior cases for after-the-fact rezones some thought should be given to the potential for effective clauses to be attached to the zoning recommendation that would require the property owners to obtain after-the-fact permits and inspections that would normally be required in the development process. This could include, but is not limited to, zoning permits and building inspections, fire marshal plan reviews, ADEC review of on -site wastewater systems, etc. Request No. 2: Lots 2 and 3 Block 2; Lots 1 and 2, Block 3 (Uvak Bay Lodge, LLC). Same comments as for Request No. 1. Request No. 3: Lot 4, Block 2, (Tammy Helms). Same comments as for Request No. 1. LAND SUITABILITY: Request No. 1: Lots 1, 2 and 3, Block 1, (Carlson). The land appears to be suitable as the lodge use and structures have been established at this location for a number of years. The lots are served by water, sewer, electrical and telephone utilities. Staff notes that a large portion of the rezone area being located so close to the shoreline may be subject to tsunami hazard and storm surge. The lots range in size from 9,425 Sq. Ft. to 46,362 square feet, and representing a total area of 5.46 acres requested for rezone. Request No. 2: Lots 2 and 3 Block 2; Lots 1 and 2, Block 3 (Uyak Bay Lodge, LLC). Same comments as for Request No. 1. Case 03-011/Staff Report Page 23 of 28 September 20, 2008 Public Hearing Item VI -A Request No. 3: Lot 4, Block 2, (Tammy Helms) Same comments as for Request No. 1. RECENT DEVELOPMENT TRENDS IN THE AREA: Request No. 1: Lots 1, 2 and 3, Block 1, (Carlson). The residents of Larsen Bay have been requesting an update to the community comprehensive plan for many years. As a result of the time to accomplish this task these cases have been postponed for five years or more. During that time, the lodge uses in the community have continued to develop and evolve without the benefit of any discernable development permitting. Staff is aware that there may be a number of other commercial lodge operators or bed & breakfast operations doing business in the Larsen Bay community that are also out of compliance with the R1- Single - family Residential zoning but for which no rezone application has been received at this time. A likely consequence of this case and other pending rezones is that the community awareness will be raised regarding the applicability of zoning and planning in the community (as administered solely by the Kodiak Island Borough. Future complaints for non compliance with zoning may result in zoning enforcement action in order to increase zoning compliance in the community. Staff has limited its review in this case to that area requested for rezone by the petitioners. Future rezone requests in Larsen Bay will likely reviewed on a similar case -by -case basis. As previously mentioned, the B- Business zone does not lend itself to the mixed use zoning approach because of the wide range of uses that are permitted in that zone. It is expected that the B- Business zone will require the same degree of segregation from residential uses and structures as it currently does in the City of Kodiak and along the Kodiak road system. One of the more significant issues to be addressed in this case is the indication from the Larsen Bay City Council (Reso. No. 08 -05) that city infrastructure may be inadequate to support additional commercial lodging operations. Staff has taken note that during recent years there has been a great deal of turnover in the office of mayor and city office staff. In addition to the physical limitations of the system this turnover may have affected the city's continuity of operations and its ability to consistently administer the utility systems upon which the city relies. In order to research this issue further staff obtained a RUBA report from the State of Alaska along with a utility rate study for the Larsen Bay Community. Based on the information contained therein, it appears that the community is not rated as "sustainable" under state economic and fmancial guidelines. Currently the city is working to address the deficiencies noted in the RUBA report, however it will take considerable time in order to correct the issues noted and obtain a "sustainable" rating. While this report does not get too deeply into the details of the city's financials, staff believes that the state staff assigned to investigate the Larsen Bay community have provided a diligent and thorough assessment which appears to be consistent with the more general concerns indicated by the Larsen Bay City Council. Case 03 -011 /Staff Report Page 24 of 28 September 20, 200£ Public Hearing Item VI -A The Larsen Bay Tribal Council also provided comments indicating concerns about archeological resources that may be located in the proposed rezone area. Denial of a zoning change is no guarantee that development will not occur in this area, however it would discourage commercial development which is typically more intense than residential development. Request No. 2: Lots 2 and 3 Block 2; Lots 1 and 2, Block 3 (Uyak Bay Lodge, LLC). Same comments as for Request No. 1. Request No. 3: Lot 4, Block 2, (Tammy Helms). Same comments as for Request No. 1. TRAFFIC IMPACTS: Request No. 1: Lots 1, 2 and 3, Block 1, (Carlson). Staff has not fielded any written complaints about vehicle traffic related to the residential or lodge uses located in the proposed rezone area. As previously noted under the Zoning/Use section above, there are reduced parking requirements in the villages because the number and availability of vehicles in the villages is somewhat limited. There are no current traffic counts available for . the community Without getting into a complicated discussion of traffic impacts, staff recommends that the traffic level be maintained at the current level by limiting the number of commercially zoned lots that might increase the potential for additional traffic generation. Request No. 2: Lots 2 and 3 Block 2; Lots 1 and 2, Block 3 (Uyak Bav Lodge, LLC). Same comments as for Request No. 1. Request No. 3: Lot 4, Block 2, (Tammy Helms). Same comments as for Request No. 1. RECOMMENDATION Request No. 1: Lots 1, 2 and 3, Block 1, (Carlson). Staff recommends that Lots 1 and 3 be rezoned from R1- Single - family Residential to B- Business in conformity with the existing lodge complex development pattern. Staff believes that any vacant lots which could be conveyed into separate ownership or developed with additional lodge structures should not be zoned to allow this potential development. As a result, staff recommends that Lot 2, be maintained in the R -1 zone or perhaps even zoned to NU- Natural Use consistent with the Conservation designation applied to Lot 3 in the 2008 plan. Request No. 2: Lots 2 and 3 Block 2; Lots 1 and 2, Block 3 (Uvak Bay Lodge, LLC). Staff recommends that Lot 1, Block 3, be rezoned from R1- Single - family Residential to B- Business in conformity with the existing lodge complex development pattern. Staff believes that any vacant lots which could be conveyed into separate ownership or developed with additional lodge structures should not be zoned to allow this potential development. As a result, staff recommends that Lots 2 and 3, Block 2 be maintained in the R -1 zone or perhaps even zoned to NU- Natural Use consistent with the Conservation designation applied to Lot 3, Block 1, in the 2008 plan. Case 03 -011 /Staff Report Page 25 of 28 September 20, 2008 Request No. 3: Lot 4, Block 2, (Tammy Helms). Staff recommends that Lot4, Block 2 not be rezoned from R1- Single - family Residential to B- Business. As previously indicated staff believes that any vacant lots which could be conveyed into separate ownership or developed with additional lodge structures should not be zoned to allow this potential development. This lot also has other limiting factors relating to size, shape, shoreline and vulnerability to tsunami and storm surge which make it less desirable for commercial development. Should the Commission agree with the staff recommendations, the appropriate motions are: The preceding motion should be denied and the following motion adopted: EFFECTIVE CLAUSE Case 03 -011 /Staff Report APPROPRIATE MOTION Request No. 1: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 1, Lots 1, 2 and 3; from R1- Single - family Residential to B- Business, subject to an effective clause, and to adopt the "Findings of Fact" in the staff report dated September 10, 2008 in support of this recommendation. Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 1, Lots 1 and 3, from R1- Single - family Residential to B- Business, subject to an effective clause, and to adopt the "Findings of Fact" in the staff report dated September 10, 2008 in support of this recommendation. 1. Prior to the rezone becoming effective, the petitioners will obtain zoning compliance for all structures and uses located on the developed lots located within the approved rezone area. Should the zoning compliance requirement not be met within 24 months of Assembly approval, this approval shall become null and void. Request No. 2: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 2, Lots 2 and 3, and Block 3, Lots 1 and 2, from R1- Single- family Residential to B- Business, subject to an effective clause, and to adopt the "Findings of Fact" in the staff report dated September 10, 2008 in support of this recommendation. The preceding motion should be denied and the following motion adopted: Public Hearing Item VI -A Page 26 of 28 September 20, 2008 EFFECTIVE CLAUSE The preceding motion should be denied. Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 3, Lot 1 from R1- Single-family Residential to B- Business, subject to an effective clause, and to adopt the "Findings of Fact" in the staff report dated September 10, 2008 in support of this recommendation. 1. Prior to the rezone becoming effective, the petitioners will obtain zoning compliance for all structures and uses located on the developed lots located within the approved rezone area. Should the zoning compliance requirement not be met within 24 months of Assembly approval, this approval shall become null and void. Request No. 3: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 2, Lot 4 from R1- Single - family Residential to B- Business, and to adopt the "Findings of Fact" in the staff report dated September 10, 2008 in support of this recommendation. FINDINGS OF FACT (Applicable to all requests; 1, 2 and 3) Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. Public Hearing Item VI -A The purpose of the rezone is intended to create commercial zoning districts to accommodate existing lodge uses and structures located along the eastern edge of the Larsen Bay Subdivision. The petitioners have indicated that the rezone is needed as the only feasible way for them to move into zoning compliance status. This request has been held in abeyance for five or more years awaiting an update to the KIB Regional Comprehensive Plan and it is now time to make these long awaited decisions in order to restore and maintain the balance between residential and commercial uses in the Larsen Bay community. Because the community leadership capacity has diminished in recent years due to the turnover of leadership and administrative staff, the recommendations in this case are limited to those lots where existing lodge use and structures are established in order to maintain the status quo level of both commercial benefits to the community and related community impacts associated with lodge uses. The current RUBA report and associated utility rate study, in conjunction with the most recent resolution adopted by the Larsen Bay City Council indicate a need for change to occur in the community leadership and administration in order to re- establish continuity of government operations and restore community sustainability before more commercial development potential is considered for the Larsen Bay Community. Case 03- 011 /Staff Report Page 27 of 28 September 20, 2008 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Kodiak Island Borough has not established a Mixed -Use zone in order to fulfill the literal intent of the plan designation. As a result, the Mixed -Use designation will need to be fulfilled on a case -by -case, lot -by -lot, zone -by -zone basis, in conformity with a generalized view of the comprehensive plan designations as previously discussed in the staff report. While the recommended zone changes are not entirely consistent with the explicit plan map designations in the 2008 KIB Regional Comprehensive Plan Update, the recommendations do take into account existing development patterns, community comments, plan recommendations (generally) and the sustainability of the community infrastructure and social fabric of the community. Case 03- 011 /Staff Report Public Hearing Item VI -A Page 28 of 28 September 20, 2008 Page 20 . January 2008 Larsen Bay Existing Conditions History and CulturE The City of Larsen Bay is located on Larsen Bay, on the northwest coast of Kodiak Island. It is 60 miles southwest of the City of Kodiak and 283 miles southwest of Anchorage. The area is believed to have been inhabited for at least 2,000 years. A tannery was operated on Uyak Bay in the early 1800's. A cannery was built in 1911 by the Alaska Packers Association. The City was incorporated in 1974." Larsen Bay is a place of great beauty, and visitors come from all over to experience it. Today Larsen Bay is a community with a rich and mixed heritage that is rooted in the old Alutiiq traditions with a strong Scandinavian heritage that arrived beginning in the later 1800's with the fishing industry. Larsen Bay is named for Peter Larsen, a local trapper, furrier and guide. Population and Housing The 2000 U. S. Census found a total of 115 people living in Larsen Bay, of whom 78% were of American Indian or Alaskan Native (Al /AN) descent. Nearly all of the remaining residents are identified as white. The 2005 population estimate was 97, consisting of 79.1% Alaska Native or part Native. Many residents of Larsen Bay are descended from the indigenous Alutiiq people. The 2000 Census showed 70 housing units in Larsen Bay, of which 40 were occupied and 30 vacant. This 43% vacancy rate was the second - highest in the Borough behind Karluk. Among the occupied units, 32 (80 %) were owner - occupied and eight (20 %) were renter - occupied. All housing units were detached, single - family homes. The City's average household size of 2.88 persons was among the lowest in the Borough. A significant portion of the City's housing units (43 %) was built between 1980 and 1989. Only 3% were built in 1990 or later. The remaining 54% of units were built throughout the 1940's through the 1970's. Local GovErnmEnt Larsen Bay is incorporated as a second -class city, and is governed by a seven - person City Council that includes the Mayor. Council members serve staggered three -year terms. In 2005, there was an average of 13 municipal staff (Department of Labor and Workforce Development). The City brings in a limited amount of revenue via a 3% sales tax. Most municipal funds come from service charges and other revenue sources. The City and other local organizations currently provide the following services: C Street and sidewalk maintenance, with assistance from the Tribal Council Electricity Water and sewer a Health services provided by KANA t Cemetery Kodiak r .:�° tz BOROUGH , Va Attachment 1 Chapter ElEvEn .� Local Communities TITLE: Reorganization of the Kodiak Island Borough Assembly - Election of Deputy Presiding Officer. SUMMARY: 2.25.050 Deputy presiding officer. KODIAK ISLAND BOROUGH AGENDA STATEMENT NOVEMBER 6, 2008 REGULAR MEETING ITEM NO: 13.A.1 The assembly shall elect from among its members a deputy presiding officer, as specified in KIBC 2.30.040(A), to act as the chair in the absence of the mayor to conduct the meetings and see that the rules are observed. If the deputy presiding officer is not present or disqualifies himself, the senior assembly member present shall act as the chair. When a member of the assembly is acting as the chair, the member retains all privileges otherwise held as a member of the assembly. 2.30.040 Organization and deputy presiding officer. A. Organization. The assembly shall annually, at the November meeting, elect from its members a deputy presiding officer to serve at the assembly's pleasure. B. Election of the deputy presiding officer of the assembly shall be in the following manner: 1. As the first order of new business, nominations for deputy presiding officer shall be opened. 2. Nominations may be made by any member of the assembly. 3. At the close of nominations, a ballot shall be taken. The clerk shall distribute, collect, and with the assistance of one other person, tally the ballots. The clerk shall announce the results. 4. A majority vote of the assembly shall be required for election. 5. If no majority is cast for any candidate, the candidate with the fewest ballots shall be dropped from the list of candidates until there are two remaining and balloting shall continue until one candidate is elected. C. Deputy Presiding Officer. The deputy presiding officer shall preside as the chair at assembly meetings in the absence of the mayor. If at any meeting the deputy presiding officer is not present, or is unable to act, the senior assembly member present shall preside as the chair. APPROVAL FOR AGENDA: d RECOMMENDED MOTION: Move to nominate as deputy presiding officer. TITLE: Contract No. 2004-61C Legislative Consultant for the Kodiak Island Borough During the FY08 and the FY09 Legislative Sessions. SUMMARY: The Agreement for lobbying services between Kodiak Island Borough and Hickey & Associates expires on December 31, 2008. KIBC 3.16.070 A. states that competitive bids are not required for professional contracts. This contract is another two year contract, similar to the last contract. At the end of this year, Mr. Hickey will have worked for the Borough for eight years. This contract is the same contract as the last one in the amount of $40,000 annually. Mr. Hickey has done an excellent job for the Borough working quite well with the legislature and the various.State agencies, including the Governor's office. Mr. Hickey has been supportive of the Borough projects assisting the manager and staff, not only with legislation but with project hurdles we confront from time to time with various State agencies that are administrating the grants and /or project. Staff recommends approval of a two year contract with Hickey & Associates. FISCAL NOTES: Account No.: 100 - 100 - 430 -100 Amount Budgeted: $40,000 Expenditure Required: $40,000 APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH• AGENDA STATEMENT NOVEMBER 6, 2008 REGULAR MEETING ITEM NO: 13.B.1 RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. 2004 -61 C with Hickey & Associates of Juneau, Alaska in the amount not to exceed $40,000 annually for the period of January 1, 2009 to December 31, 2011. AGREEMENT FOR LOBBYING SERVICES BETWEEN KODIAK ISLAND BOROUGH AND HICKEY & ASSOCIATES c to-ot C 1. Hickey & Associates (hereinafter the "Contractor ") agrees to represent the Kodiak Island Borough (hereinafter the "Borough ") from January 1, 2009 through December 31, 2010. 2. The firm will represent the Kodiak Island Borough before the Alaska State Legislature and State Administration. Representation will be focused on the various projects and issues the Borough will have before the Legislature and administrative agencies of the State of Alaska. Borough representatives will assist with representation as appropriate on any legislative or agency issues. 3. The firm will report directly to the Borough Manager of the Kodiak Island Borough. Mr. Hickey will travel to Kodiak to meet with the Manager, Mayor and Assembly at least once each year during the term of the contract at a mutually agreeable time. 4. The firm will provide the Borough Manager with regular updates by phone with the progress of the Borough's projects during the term of this contract. A monthly, written status report during session and supplemental written reports during the interim as events warrant is required. When representatives of the Kodiak Island Borough travel to Juneau, a schedule of appointments in advance of the travel date is to be provided. 5. Kodiak Island Borough priorities for this agreement are the following items: A. Representation of all Kodiak Island Borough issues and concerns before legislative bodies and administrative agencies of the State of Alaska. B. The Kodiak Island Borough Capital Improvement Program as adopted by resolution of the Assembly. 6. The fixed fee for the above services will be $40,000 per year, or a total of $80,000 for the contract period. $30,000 of the annual fee will be payable on a monthly basis during the session. The remaining $10,000 will be payable on a quarterly basis. Extraordinary out - of- pocket expenses defined as direct expenses for borough - directed travel and major entertainment/meal expenses shall be reimbursed over and above the fixed fee and must be approved in advance by the KIB Manager. The Contractor will pay for the annual trips required under paragraph #3 above. 7 The parties agree the contract may be terminated by either party with or without cause, by providing the other party with a written notice of 30 (thirty) days. If the Borough terminates this agreement and termination falls between scheduled payment dates, the Contractor shall be compensated on a pro -rated basis. Date ATTEST: Date This agreement constitutes the full agreement between the parties. KODIAK ISLAND BOROUGH HICKEY & ASSOCIA'1'ES Rick L. Gifford, Borough Manager Nova M. Javier, CMC, Borough Clerk Mark S. Hickey, Presi �o (9-° Date TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT NOVEMBER6;'a2008RE GULAR MEETING ITEM NO: 13.C.1 Resolution No. FY2009 -10 Supporting Governor Palin's Proposal to Ameliorate the Effects of High Energy Costs on Alaskans and Recommending and Encouraging Support for Long -Term Commitments From the Governor and the Legislature by Appropriating Funds to Encourage the Use of Public Transportation. SUMMARY: This resolution was requested by Assembly member Branson. This states that the Borough Assembly: • recommends and encourages the Legislature to appropriate $7 million for the People Mover fleet replacement and expansion. • recommends and encourages the Legislature to appropriate $850,000 for the Share -a- Ride Vanpool fleet replacement and expansion. • recommends and encourages the Legislature to appropriate $1.5 million to complete the final phase of a Paratransit Operations & Maintenance Center at the Municipality of Anchorage's Public Transportation Campus which will reduce dead -heads costs. • recommends and encourages the Legislature to appropriate $200 million to establish a transit trust fund, the proceeds of which would provide ongoing operating dollars to public transit operations throughout Alaska. • recommends and encourages the Legislature to explore changes to the pupil transportation funding requirements that would allow blending of public and pupil transit systems to achieve economies of scale. Copies of this resolution will be forward to the Governor and the Legislature immediately upon passage and approval. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required APPROVAL FOR AGENDA s,& RECOMMENDED MOTION: Move to adopt Resolution No. FY2009 -10. 1 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 7 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ( hot 2 3 Introduced by: 4. . Requested by: 'Drafted by: Introduced on: Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY 2009 -10 Manager Gifford Assembly member Branson Legislative Committee 10/27/2008 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH SUPPORTING GOVERNOR PALIN'S PROPOSAL TO AMELIORATE THE EFFECTS OF HIGH ENERGY COSTS ON ALASKANS AND RECOMMENDING AND ENCOURAGING SUPPORT FOR LONG -TERM COMMITMENTS FROM THE GOVERNOR AND THE LEGISLATURE BY APPROPRIATING FUNDS TO ENCOURAGE THE USE OF PUBLIC TRANSPORTATION WHEREAS, the Alaska State Legislature will soon hold a special session to address the effects of high energy costs; and WHEREAS, Governor Palin has proposed using $1.2 billion in surplus revenue to ameliorate the effects of high energy costs on Alaskans; and WHEREAS, the Borough Assembly recognizes that encouraging and enhancing public and coordinated transit can reduce the amount of energy used for transportation, thus reducing costs to residents; and WHEREAS, there are unmet capital and operating needs in Alaska's public and coordinated transit network; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: That the Borough Assembly recommends and encourages the Legislature to appropriate $200 million to establish a transit trust fund, the proceeds of which would provide ongoing operating dollars to public and coordinated transit operations throughout Alaska. Section 2: That the Borough Assembly recommends and encourages the Legislature to explore changes to the pupil transportation funding requirements that would allow blending of public and pupil transit systems to achieve economies of scale. Section 3: That copies of this resolution be forward to the Governor and the Legislature immediately upon passage and approval. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2008 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough Resolution No . FY2009-1C Page 'i of ANCHORAGE, ALASKA AR NO. 2008-113 Submitted by: Patrick Flynn, Chair - Legislative Committee, and Members Gray- Jackson, and Johnston Prepared by: Legislative Committee For reading: June 10, 2008 A RESOLUTION OF THE ANCHORAGE MUNICIPAL ASSEMBLY SUPPORTING GOVERNOR PALIN'S PROPOSAL TO AMELORIATE THE EFFECTS OF HIGH ENERGY COSTS ON ALASKANS AND RECOMMENDING AND ENCOURAGING SUPPORT FOR LONG -TERM COMMITMENTS FROM THE GOVERNOR AND THE LEGISLATURE BY APPROPRIATING FUNDS TO ENCOURAGE THE USE OF PUBLIC TRANSPORTATION WHEREAS, the Alaska State Legislature will soon hold a special session to address the effects of high energy costs; and WHEREAS, Governor Palin has proposed using $1.2 billion in surplus revenue to ameliorate the effects of high energy costs on Alaskans; and WHEREAS, the Anchorage Assembly recognizes encouraging and enhancing public transit can reduce the amount of energy used for transportation, thus reducing costs to residents; and WHEREAS,, there are unmet capital and operating needs in Southcentral Alaska's public transit network. NOW, THEREFORE, the Anchorage Assembly resolves: Section 1: That the Anchorage Assembly recommends and encourages the Legislature to appropriate $7 million for the People Mover fleet replacement and expansion. Section 2: That the Anchorage Assembly recommends and encourages the Legislature to appropriate $850,000 for the Share -a -Ride Vanpool fleet replacement and expansion. Section 3: That the Anchorage Assembly recommends and encourages the Legislature to appropriate $1.5 million to complete the final phase of a Paratransit Operations & Maintenance Center at the Municipality of Anchorage's Public Transportation Campus which will reduce dead- head costs. Section 4: That the Anchorage Assembly recommends and encourages the Legislature to appropriate $200 million to establish a transit trust fund, the proceeds of which would provide ongoing operating dollars to public transit operations throughout Alaska. Section 5: That the Anchorage Assembly recommends and encourages the Legislature to explore changes to the pupil transportation funding requirements that would allow blending of public and pupil transit systems to achieve economies of scale. Section 6: That copies of this resolution be forwarded to the Governor and the Legislature immediately upon passage and approval. PASSED AND APPROVED by the Anchorage Assembly this day of , 2008. ATTEST: Municipal Clerk Chair TITLE: SUMMARY: FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT NOVEMBER = 6,::2008 REGULAR MEETING ITEM NO: 13.D.1 Ordinance No. FY2009 -10 Rezoning Proposed Tract F Within US Survey 2261 And US Survey 4947 From C- Conservation To Li -Light Industrial Zoning District (Case 09 -002.) With the rezoning of Tract F to LI —Light Industrial Zone, all the development occurring at the Trident Basin Seaplane base, upland and tideland, will fall within one zoning district LI -Light Industrial District. The city's upland development of this area has been allowed to occur under a conditional use in the C- Conservation District. Rezoning Tract F into LI -Light Industrial allows for a number of uses that are not permitted in the C- Conservation district. Such a rezone is consistent with the Kodiak Island Borough Comprehensive Plan. The Planning and Zoning Commission is recommending approval of this request after conducting a public meeting and has composed findings of fact for their decision. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -10 in first reading to advance to public hearing at the next regular meeting. 3 4 5 6 Introduced by: Manager Gifford Requested by: Manager Gifford Drafted by: CDD Staff Introduced: 11/06/2008 Public Hearing: Adopted: 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2009 -10 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 11 PROPOSED TRACT F WITHIN US SURVEY 2261 AND US SURVEY 4947 FROM C- 12 CONSERVATION TO LI- LIGHT INDUSTRIAL ZONING DISTRICT (CASE 09 -002) 13 14 WHEREAS, the Trident Basin Float Plane Sea base facility is served by upland infrastructure 15 including fuel tanks, parking, business structures etc.; and 16 WHEREAS, the uses presently occurring on the uplands is based on a conditional use permit 17 that allows these uses to exist in the Conservation District; and 18 WHEREAS, there is a desire by the City of Kodiak to contain the entire upland and tideland of 19 the Trident Basin Seaplane base within the same zoning district; and 20 C 21 WHEREAS, a rezone of upland and tideland to LI -Light Industrial is consistent with the Kodiak 22 Island Comprehensive Plan; and 23 24 WHEREAS, the Commission is recommending that the Assembly find that a rezone to LI- 25 Light Industrial is consistent with the goals of the comprehensive plan; 26 27 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 28 BOROUGH that: 29 30 Section 1: This ordinance is not of general application and shall not be codified. 31 32 Section 2: Tract F is rezoned from C- Conservation to LI- Light Industrial Zoning District 33 34 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are 35 hereby confirmed as follows: 36 37 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. 38 39 A rezone from C- Conservation to LI -Light Industrial is needed and justified because 40 the LI -Light Industrial zoning district permits development that: 41 A. is consistent with current and proposed development trends in the area; 2 B. is suitable for this site, given the physical characteristics and location of the 43 tract; Kodiak Island Borough Ordinance No. FY2009 -10 Page ' 44 C. will not create any nonconforming land uses; 45 D. is consistent with the Near Island Comprehensive Plan 46 1772.020 B. Findings as to the Effect a Change or Amendment would have on 47 the Objectives of the Comprehensive Plan. 48 A rezone of the area identified as and granted a CUP for a floatplane facility in 49 Trident Basin is consistent with the intent and objectives of the Near Island 50 Comprehensive Plan. In the section described as "Description of Development 51 Categories and Allowable Land Use," the Near Island Comprehensive Development 52 Plan (1987) identifies a possible float plane facility to "...include docking and tie - 53 down areas, a shore -based haul out area for maintenance, and parking areas" (p. 54 14). The maps accompanying that plan specifically designate Trident Basin as the 55 site for a proposed seaplane facility and aerodrome. This intent dovetails with long- 56 standing Port of Kodiak harbor plans to eliminate the extremely dangerous situation 57 of boats and float plane traffic sharing the crowded St. Paul's Harbor Channel. 58 59 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 60 THIS DAY OF , 2008 61 62 KODIAK ISLAND BOROUGH 63 64 65 66 ATTEST: Jerome M. Selby, Borough Mayor 67 68 69 70 Nova M. Javier, CMC, Borough Clerk 71 Kodiak Island Borough Ordinance No. FY2009-1C Daps or. TITLE: Ordinance No. FY2009 -10 Rezoning Proposed Tract F Within US Survey 2261 And US Survey 4947 From C- Conservation To Li -Light Industrial Zoning District (Case 09 -002.) SUMMARY: With the rezoning of Tract F to LI —Light Industrial Zone, all the development occurring at the Trident Basin Seaplane base, upland and tideland, will fall within one zoning district LI -Light Industrial District. The city's upland development of this area has been allowed to occur under a conditional use in the C- Conservation District. Rezoning Tract F into LI -Light Industrial allows for a number of uses that are not permitted in the C- Conservation district. Such a rezone is consistent with the Kodiak Island Borough Comprehensive Plan. The Planning and Zoning Commission is recommending approval of this request after conducting a public meeting and has composed findings of fact for their decision. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT NOVEMBER "6,.20.0$ -REGil L . 1111.EETING • ITEM NO: 13.D.1 RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -10 in first reading to advance to public hearing at the next regular meeting. 1 3 4 5 6 C4 the LI -Light Industrial zoning district permits development that: Introduced by: Manager Gifford Requested by: Manager Gifford Drafted by: CDD Staff Introduced: 11 /06/2008 Public Hearing: Adopted: 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2009 -10 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 11 PROPOSED TRACT F WITHIN US SURVEY 2261 AND US SURVEY 4947 FROM C- 12 CONSERVATION TO LI- LIGHT INDUSTRIAL ZONING DISTRICT (CASE 09 -002) 13 14 WHEREAS, the Trident Basin Float Plane Sea base facility is served by upland infrastructure 15 including fuel tanks, parking, business structures etc.; and 16 WHEREAS, the uses presently occurring on the uplands is based on a conditional use permit 17 that allows these uses to exist in the Conservation District; and 18 WHEREAS, there is a desire by the City of Kodiak to contain the entire upland and tideland of 19 the Trident Basin Seaplane base within the same zoning district; and 20 22 Island Comprehensive Plan; and WHEREAS, a rezone of upland and tideland to LI -Light Industrial is consistent with the Kodiak 22 Island Comprehensive Plan; and 23 24 WHEREAS, the Commission is recommending that the Assembly find that a rezone to LI- 25 Light Industrial is consistent with the goals of the comprehensive plan; 26 27 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 28 BOROUGH that: 29 30 Section 1: This ordinance is not of general application and shall not be codified. 31 32 Section 2: Tract F is rezoned from C Conservation to LI Light Industrial Zoning District 33 34 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are 35 hereby confirmed as follows: 36 37 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. 38 39 A rezone from C Conservation to LI - Light Industrial is needed and justified because 40 41 A. is consistent with current and proposed development trends in the area; B. is suitable for this site, given the physical characteristics and location of the tract; Kodiak Island Borough Ordinance No. FY2009-1C Pape 1 of 44 C. will not create any nonconforming land uses; 45 D. is consistent with the Near Island Comprehensive Plan 46 17.72.020 B. Findings as to the Effect a Change or Amendment would have on 47 the Objectives of the Comprehensive Plan. 48 A rezone of the area identified as and granted a CUP for a floatplane facility in 49 Trident Basin is consistent with the intent and objectives of the Near Island 50 Comprehensive Plan. In the section described as "Description of Development 51 Categories and Allowable Land Use," the Near Island Comprehensive Development 52 Plan (1987) identifies a possible float plane facility to "...include docking and tie - 53 down areas, a shore -based haul out area for maintenance, and parking areas" (p. 54 14). The maps accompanying that plan specifically designate Trident Basin as the 55 site for a proposed seaplane facility and aerodrome. This intent dovetails with long - 56 standing Port of Kodiak harbor plans to eliminate the extremely dangerous situation 57 of boats and float plane traffic sharing the crowded St. Paul's Harbor Channel. 58 59 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 60 THIS DAY OF , 2008 61 62 KODIAK ISLAND BOROUGH 63 64 65 66 ATTEST: Jerome M. Selby, Borough Mayor 67 68 69 70 Nova M. Javier, CMC, Borough Clerk 71 Kodiak Island Borough Ordinance No. FY2009 -10 Paae 2 of DF &G Requirement Place a n the plat that states "a fifty (50) foot riparian buffer zone is to be main adjacent to the slo s for the protection of water quality and fish habitat." FINDINGS OF FACT 1. Subject to conditions of approval, this pla - e minimum standards of survey accuracy and proper preparation of pla - • sired in Ti • • f the Borough Code. 2. Subject to the a of Variance Case 05 -009 and subdi approval, thi • . can meet all the requirements of Title 17 of the Borough Co call on the vote CARRIED 7 -0. E. Case 09 -002. Request a rezone, according to KIBC 16.40, of certain areas within proposed Tract F within U.S. Survey 2261 and U.S. Survey 4947 from C- Conservation to LI -Light Industrial. The applicant is the City of Kodiak and the agent is Linda Freed. The location is proposed Tract F within U.S. Survey 2261 & U.S. Survey 4947, Near Island and the zoning is C- Conservation & LI -Light Industrial. Cassidy gave a staff report. COMMISSIONER WATKINS asked about the tideland zoning. Cassidy stated we will be discussing this more when we get into the review of Title 17 this winter. • COMMISSIONER JUENGER MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of proposed Tract F within USS 2261 and USS 4947 from Conservation to Light Industrial Zoning District, and to adopt the "Findings of Fact" in the staff report dated August 25, 2008, in support of this recommendation. Close regular meeting: Open public hearing: Close public hearing: Open regular meeting: Commission discussion. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: [1] 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. A rezone from C- Conservation to LI -Light Industrial is needed and justified because the LI- Light Industrial zoning district permits development that: is consistent with current and proposed development trends in the area; is suitable for this site, given the physical characteristics and location of the tract; will not create any nonconforming land uses; is consistent with the Near Island Comprehensive Plan A. B. C. D. [21 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone of the area identified as and granted a CUP for a floatplane facility in Trident Basin is consistent with the intent and objectives of the Near Island Comprehensive Plan. In the Kodiak Island Borough October 15, 2008 conditions of P &Z Minutes Page 6 of 10 section described as "Description of Development Categories and Allowable Land Use," the Near Island Comprehensive Development Plan (1987) identifies a possible float plane facility to "...include docking and tie -down areas, a shore -based haul out area for maintenance, and parking areas" (p. 14). The maps accompanying that plan specifically designate Trident Basin as the site for a proposed floatplane facility and aerodrome. This intent dovetails with long - standing Port of Kodiak harbor plans to eliminate the extremely dangerous situation of boats and float plane traffic sharing the crowded St. Paul's Harbor Channel. R 11 call vote on the motion CARRIED 7 -0. / • �. • , , 1 • • • • • • • •, • • • • • • •• ••■• ■• •• • ■ •• •• • P. • . ent Projects. The applicant is the Planning & Zoning Commission and the locatio 'de. staff report. eeting: earing: PURDY asked how this is advertised because everyone he 't. Can we publish the entire list? se in the paper, we put a public service announceme n inations. Maybe we could publish the list as N stated that RuralCap might hav t from community members. c process is importan e the people that s I onder if p poning wou cost. A v. wi the City Coun and there would CIP Lists is for prof ated we should start on it earlier next S stated we should start earlier and publish J Z MOVED to adopt Planning and Zoning Co g to the Borough Assembly a list of Priority Projects for ugh's five (5) year 2009 -2013 Capital Improvement Progr a a F ed stated the resolution references an appendix A and brought to their attention t lled from a prior resolution and not updated and still includes some projects that ha completed and shared projects that should be included. She talked about the UV Water Improv Borough Cassidy gave COMMISSION wasn't familiar with Cassidy stated we adve we have received some out. COMMISSIONER HARRING get more comprehensive involvem COMMISSIONER JANZ feels the pug ' well and some of the lower end r projects are lower because they don't h re constantly in that arena. Having been through the process several times ning this for a month is going to change the outcome of this. CHAIR KING asked Cassidy if we have the fun • g to have the list printed as a supplement in the Kodiak Daily Mirror. Cassidy stated he doesn't know what it the Borough Assembly and meet this is their lists that these projects go they too know that the reason for th and working its way further up. COMMISSIONER KERSCH COMMISSIONER WAT COMMISSIONER 2008 -01 recommen Kodiak Island Bo Close regular Open publi Linda be Kodiak Island Borough October 15.200F' way to get the word a model they use to try to e would be for the commission to meet to talk through this process because be lue in having this conversation so projects rting from the grass roots level ar. next year. is s talked to on the radio, and ission Resolution elusion into the am P). t it e P &Z Minutes Fag: i or 1 i' DATE: October 4, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJ: Information for the October 15, 2008 Regular Meeting CASE: 09 -004 APPLICANT: City of Kodiak AGENT: Linda Freed, City Manager ZONING: LI -Light Industrial and C- Conservation Case 09- 002 /Supplement SUPPLEMENTAL MEMORANDUM _ Public Hearing Item VI -E REQUEST: A rezone, according to KIBC 16.40, of certain areas within proposed Tract F within U.S. Survey 2261 and U.S. Survey 4947 from C- Conservation to LI -Light Industrial. LOCATION: Proposed Tract F within U.S. Survey 2261 & U.S. Survey 4947, Near Island This supplemental memorandum is in response to the discussion at the Commission's packet review work session on September 10, 2008. During the investigation of related subdivision case S09 -013, staff had researched. the zoning approaches implemented by Juneau and Sitka regarding their respective approaches to regulating land use of the tidelands when developed with associated upland structures and activities. The purpose of this memorandum is not intended to persuade the Commission to do anything other than what has previously been recommended by staff in last month's staff report for this case. It is intended to provide additional information upon which the Commission may wish to , consider its decision and recommendation to the Assembly regarding the rezone request now before it. Rezone cases, or "boundary changes" as referred to in KIBC 17.72, are generally considered as an amendment to existing boundaries as all uplands and some tidelands in the borough are generally zoned to some predetermined purpose in conformity with the borough comprehensive plan. In this case the City of Kodiak has requested a rezone in order to conform the LI -Light Industrial zoning with it's upland sea -plane base improvements and recent survey (Case S08- 013). Because the prior zoning of the sea -plane base did not conform to any then existing subdivision or tideland boundaries, prior LI -Light Industrial zoning was applied on a "metes and Page 1 of 3 P & Z: October 15. 200E bounds" basis with bearings and distances provided to describe the sea -plane base as then envisioned. Because the petitioner, City of Kodiak did not request a change to the pre - established boundary, it appears that staff assigned to the rezone case did not consider this as an amendment or extinguishment to those prior boundaries. In this regard staff considered this a reasonable outcome since it was staff's belief and recommendation during the original subdivision case that the sea -plane base boundary and related zoning should encompass all related sea -plane improvements (not including the "runway" and "taxiway" areas or other FAA required clear zones, parking zones, etc.). After researching the zoning issues as alluded to above, staff withdrew it's objections on the basis that the in -depth zoning discussion that would be required should be carried to this rezone case which was then recommended as a condition of approval to the subdivision. The city only had to initiate the zoning request so the implication is that the subdivision is granted final approval and it would require a new subdivision if any new boundaries are indicated to be necessary through this process. Staff's assessment is that the pre- existing "metes and bounds" LI -Light Industrial zone would persist absent a specific request by the city to extinguish that zone boundary. Staff felt that preserving this status quo in this manner would be an adequate compromise for the zoning, even though no boundary would coincide with this holdover portion of the Light Industrial district. It seems apparent now that the city has an expectation that this tideland area zoning would or should not holdover in the manner perceived by CDD staff. The Commission will need to reconcile and resolve this issue with the applicable provisions of KIBC 17.72 and KIBC 17.09. Staff has simply provided an analysis of what the city has requested in the application, nothing more, nothing less. If the Commission wants to consider the extinguishment of the prior LI- Light Industrial zone by metes and bounds it will likely need to re- advertise the case to include this aspect. Regarding the research previously performed by staff during the subdivision case, staff found two different approaches to regulating land use in tideland areas. In the City and Borough of Juneau, tideland improvements such as port and harbor facilities are included within tideland surveys and those surveys are zoned appropriately, similar to the manner in which the Kodiak working waterfront is currently reflected on the official zoning map. In the City and Borough of Sitka, the municipality has simply amended its zoning interpretation code chapter (similar to KIBC 17.09) to apply the upland zoning to activities within the adjacent tidelands. Examples of the two approaches to regulating the use of tidelands were obtained from the Internet during the subdivision review process. If that information is still contained in the case file it will be attached to this supplement. Because the zoning information was not considered part of the subdivision case and staff had changed it's recommendation in that case to require a tideland boundary to encompass the sea -plane floats staff had expected that the information would come up again during this zoning request. Because the request did not specifically reference the tidelands, this issue was not investigated as part of Case 09 -002. Staff is aware that the Commission intends to begin revising KIBC Title 17 Zoning, to conform this title with the borough comprehensive plan and to implement new and current thinking in the Case 09- 002 /Supplement Public Hearing Item VI -E Page 2 of 3 P & Z: October 15, 2008 zoning field. When that point arrives, staff would probably recommend the "Sitka" approach to regulating tideland developments so that mapping may be simplified and all tidelands will be "zoned" on an area -wide basis similar to the way in which the C- Conservation zone was applied borough -wide in 1977. It seems to staff that a more simplified approach to "zoning interpretation" would be preferable to having the kinds of disagreements and related discussion associated with every subdivision and rezone case that occurs along the tidelands. This would not inhibit existing tideland tracts from being zoned to the extent of the boundaries so long as the legal description is specifically mentioned in a zoning ordinance. But other tideland areas that might be developed without benefit of a tideland tract would also be regulated by zoning such that the Commission and Assembly would be more clearly in the loop for developments within the corporate limits of the borough. Case 09- 002 /Supplement Public Hearing Item VI -E. • Page 3 of 3 P & Z: October 15. 2008 Ms. Linda Freed 710 Mill Bay Road Kodiak, AK 99615 Re: Case 09 -002. Request a rezone, according to KIBC 16.40, of certain areas within . proposed Tract F within U.S. Survey 2261 and U.S. Survey 4947 from C- Conservation to LI -Light Industrial. Dear Ms. Freed: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on September 17, 2008 postponed action on the case referenced above until their October 15, 2008 regular meeting. If you have any questions regarding the Commission's actions please contact the Community Development Department at 496 -9363. Sincerely, Cghe&o, ern 9� Sheila Smith Secretary Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us September 18, 2008 Current Location P & Z Case # 09 -002 City of Kodiak Request: A rezone, according to KIBC 16.40 of certain areas within proposed Tract F within USS 2261 & USS 4947 from C- Conservation to LI -Light Industrial Legend Subject Parcel 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 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 _ Develoomen Departmer:. Current Zoning P & Z Case # 09 -002 City of Kodiak Request: A rezone, according to KIBC 16.40 of certain areas within proposed Tract F within USS 2261 & USS 4947 from C- Conservation to LI -Light Industrial Legend Ordinance 96 -15 (C to LI) Subject Parcel Business Conservation Industrial Light Industrial Natural Use Public Use Single Family Residential Two Family Residential Multi Family Residential Retail Business Rural Neighbor Commercia Rural Residential Rural Residential 1 Rural Residential 2 Split -Lot Zone parcels Map prepared for the purpose of showing the Zoning of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to -date. Kodiak Island Borough Community Development Department. . r Kodiak mad Borough Kola commerciastrsi Conservabon mi Future Special PI MI Industrial/Light in Open Space!Rec KODIA.iSLAND BOROUGH - COMMUNITY DEVELOPMENT DEPARTMENT 710 MilI.Ilay Rd.,.Room, 205, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 486 -9396 www.kib.co.kodiak.ak.us Applicant Information Property owner's name Property owner's mailing address .K�.> a 41 City - 14- Home phone Agent's name (If ap Agent's mail' City Home phone address State 4�0 Work Phone licable) x �. Zip tst �.vS E -mail Addr. State Zip Work Phone E -mail Addr. Property ID Number /s Property Information -e sue V 5 S ZZto -1 Leg I Description USA 4Q9-- Current Zoning: Applicable Comprehensive Plan: Year of Plan adoption: �Lc Present Use of Property: Proposed Use of Property: 135C-4 t (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification 1 hereby certify as the property owner /authorized agent that this application for Planning and Zoning Commission review is true and complete to the best of my knowledge and that it Is submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plan for variance and conditional use requests and which may Include optional supporting documentation as indicated below. Additional Narrative/History As -built Survey Photographs A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, ©1993 by Rutgers University) STAFF USE ONLW ifc �^kr7q F JH Code Section(s) Involved: 93ttr 15:Z4: et! Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KIBC 17.67.020.B) $250.0 V Other (appearance requests, site plan review, etc.) Zoning the from to (KIBC 1 Application received Staff signature 774 Date Authorized Agent's Signature Date :5124 Maps Other PAYMENT VERIFICATION " .6111111Z Sch (NW le: (per Asselr, rs<; t;sf..iu6�: 2005) 1 • ,; A , � .. ... .... .._. .... ,... ......_....._ .........._. ... ..... . . ... .. _.._.., .,.... .. / V'g. c_� �, -: � . f-`• - ; �a /4!' M_ !�- � � uN, �� �`#T� � e��44'S6"6 a�. i4y4 /6.9.89'� �`a� ��'1 ' �`-�`�Q V� �D �b^ 1 V CO � �- � 7' ��l � ` � K. � � h� w �\ ' � � J wG�� � n�^0� y�Y�,� �J�, w .. � y � ? Q ��\� � `�� v — — `� Q' \ � 0� . 1`\�o�n � 44/ � `'s�s•rdaz-w �'� � T�AGT F,_:.;: ; 4�.�• � t I. ACRES � '�� s2�i�irvc ' � � �:.. c ;' • „ (� g�� 4a'/6 £ �' �g' (sn�ev ',,y�',' �' Y� � /99• 91' � �— �`, O � � � '. 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DRAWNOY: S,Aus1Yr ' DATE� Z Jarluary 2GL'� P.Q6ox/94S � Kod/ak, A/aeka 996/3 9CqLE� �/" �/OO {�� itEp: {/� 7}�/pBSN MEMORANDUM Public Hearing Item Virg. - DATE: August 25, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the September 17, 2008 Regular Meeting CASE: 09 - 002 APPLICANT: City of Kodiak REQUEST: A rezone, according to KIBC 16.40, of certain areas within proposed Tract F within U.S. Survey 2261 and U.S. Survey 4947 from C- Conservation to LI -Light Industrial. LOCATION: Proposed Tract F within U.S. Survey 2261 & U.S. Survey 4947, Near Island ZONING: Split Lot Zoning: C- Conservation & LI -Light Industrial (19) public hearing notices were mailed on Date of site visit: August 20, 2008. Various 1. Zoning History: The 1968 Comprehensive Plan identifies this area of Near Island as R1- Single Family Residential. An eleven (11) acre tract, identified as Tract F in the immediate vicinity of the float plane site on Trident Basin was rezoned in 1980 to B- Business by Ordinance No. 80-4 O(a). This area was rezoned to C- Conservation in 1988 by Ordinance No. 88 -01 -0. Ordinance 96- 15 rezoned portions of the uplands and tideland tract from C - Conservation Zoning District - Conservation to LI -Light Industrial Zoning District. 2. Lot Size: 11.9 acres 3. Existing Land Use: Aviation related, Sea Plane Base & support facilities. 4. Surrounding Land Use and Zoning: North: Unsubdivided portions USS 4947 & USS 2261 Use: Vacant Zoning: C - Conservation Zoning District South: Trident Basin Use: Water related Zoning: N/A 09 -002 Staff Rpt Page 1 of 7 P & Z:Sept.17, 2008 Public Hearing Item VI -B East: Trident Basin Use: Water related Zoning: N/A West: United States Survey 4947 Use: Vacant Zoning: C - Conservation Zoning District 5. Comprehensive Plan: The 1968 Comprehensive Plan does not indicate a current use. The 1968 Plan indicated a future (Year 2000) use of Public and open Space. Ordinance No. 80- 3 -0(a), dated February 1, 1980, amended the Borough Comprehensive Plan reclassifying all the lands on Near Island consistent with this reclassification. Ordinance No. 87 -31 -0 further amended the Borough Comprehensive Plan by repealing the Near Island Comprehensive Plan dated February 1, 1980 and incorporating the Near Island Comprehensive Plan dated August 27, 1987. The 2008 Borough Comprehensive Plan identifies a proposed future land use(s) as Industrial / Light Industrial, and specifically identifies a Sea Plane Base. 6. Applicable Requlations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The borough assembly upon its own motion; B. The planning commission upon its own motion; *C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development office, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. 17.72.055 Submission to assembly. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with 09 -002 Staff Rpt Page 2 of 7 P & Z:Sept.17. 200& Public Hearing Item VI -B 09 -002 Staff Rpt this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. COASTAL MANAGEMENT APPLICABLE POLICIES Commercial /Industrial Development 1. Natural Features Dredge and fill, excavation, shoreline alteration and disturbance of anadromous streams, tideflats and wetlands shall be minimized when constructing and operating port, harbor, dock, business and energy facilities - if permitted under applicable regulations. Consistent: N /A. This action does not propose to construct a port, harbor, or dock. There will be no dredge or fill resulting in shoreline alteration or disturbance of anadromous streams. 2. Natural Setting, Views and Access Development shall be conducted in a manner that mitigates adverse impacts upon the Kodiak Archipelago; developers shall provide opportunities for public access to the shoreline and scenic views, to the extent feasible and prudent. Consistent: N /A. This action will result in no change in public access to the shoreline nor adversely impact scenic views. 3. Dredge and Excavation Material Dredging and filling shall be consistent with ACMP Standards 6 AAC 80.040 (Coastal Development) and 6 AAC 80.110 (Mineral and Mining Processing). Dredge spoil may be utilized in shoreside landfills if permitted under applicable regulations for the purpose of creating usable waterfront land. Consistent: N /A. No dredging or filling is proposed. 4. Facility Design Developments in or over the water, such as piers, docks and protective structures shall be located, designed and maintained in a manner that prevents adverse impacts upon water quality, fish, wildlife and vegetative resources and minimizes interruption of water circulation patterns, coastal processes and navigation. Consistent: N /A. No development in or over the water is proposed. There should be no adverse impacts on water quality, fish, wildlife or vegetative resources. Page 3 of 7 P & Z :Sept.17. 200£. 09 -002 Staff Rpt 5. Buffer Zones Buffer zones shall be established to the extent feasible and prudent, between business areas and major public transportation routes and between business development and adjacent, non - business properties in order to minimize conflicts between land uses. Consistent: Yes. The natural slopes and vegetation adjoining the area will provide buffering and safeguards against any conflicts that may arise from potential incompatibilities of future mixed uses. 6. Accessory Development Accessory development that does not require a shoreline location in order to carry out its support functions shall be sited away from the shoreline whenever there is a feasible and prudent inland alternative. This category includes parking, warehousing, open air storage, waste storage, treatment or storm runoff control facilities or utilities. Consistent: Yes. The CUP and detailed site plan approval for the float plane facility specifically included associated structures and development including parking, access traffic circulation, hanger Tots, fuel storage, and rock removal. 7. Wetlands Filling and drainage of water bodies, floodways, backshores or natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: N /A. No filling or drainage of water bodies, backshores or natural wetlands is proposed as part of this action. COMMENTS Public Hearing Item VI -B CONFORMANCE WITH THE COMPREHENSIVE PLAN: A rezone from the C - Conservation Zoning District to the Light Industrial Zoning District will be consistent with the intent of the most recently adopted Borough wide, and Near Island Comprehensive Plans. ZONING /USE: 17.27.010 Description and intent. The LI -Light Industrial Zoning District is established for the purpose of providing for most commercial uses. It is intended specifically to provide for land intensive commercial uses, including some types of manufacturing, repairing, and assembling of goods, particularly those related to the fishing industry. This district's uses are intended to be conducted in a manner not detrimental to the rest of the community by reason of the emission or creation of noise, vibration, smoke, dust, or other particulate matter, toxic or noxious materials, odors, fire, or explosive hazard, or glare or heat. Page 4 of 7 P & Z:Sept.17, 200€ 17.27.040 Conditional uses. The following land uses and activities may be allowed by obtaining a conditional use permit in accordance with the provisions of chapter 17.67 of this title: A. New airports (when a facility is granted a CUP, all aviation related uses will be considered permitted uses). The original Trident Basin Float Plane Facility received a Conditional Use Permit in March of 1995 (Conditional Use Permit Case No. 95 -003). The initial success of the facility, the desire to expand the services offered, and the mandates of new security requirements provide suitable rationale to view this current rezone application as a natural progression of the maturation of the original development plan. LAND SUITABILITY: The suitability of this land for rezone to Light Industrial Zoning District in order to permit a float plane facility and related structures was well documented in the CUP analysis. RECENT DEVELOPMENT TRENDS IN THE AREA: Water and sewer mains, along with electrical service, were installed the length of Trident Way in 1995. The original floatplane facility, completed in the summer of 1996 became operational the same year. Since that time, the Near Island Research Facility has been completed and occupied. In collaboration with the City of Kodiak, the Kodiak Island Borough is moving forward with conceptual planning for the development of a new fish and game administrative and research facility. This facility would be located adjacent to the Near Island Research Facility and would be occupied by state agencies. "... co- location would bring increased efficiency and cooperation in achieving the common goals of insuring solid science, reliable research, and technical answers to our increasing need for responsible fishery resource extraction in the marine environment. "' The City of Kodiak's Marine travel lift is currently under construction with an estimated completion date of May 2009. The boat yard supported by the lift is an "open yard ", i.e., independent contractors will have the ability to compete for vessel repair work. Employment opportunity estimates indicate that somewhere in the neighborhood of 47 positions will be retained or created. In addition, estimates include the possibility of the creation of approximately 15 employment positions drawn from the school district's vocational education program. The prospect of an industrial marine repair facility, to include a covered building and dry dock is envisioned as an opportunity to expand upon the potential of the new travel lift. In addition to the marine travel lift, two projects are in the development stage. Private firms are engaged in the design of a professional office building and a marine industry support building to be located on Near Island. 1 Kodiak Island Borough Needs Assessment Brochure 2002. 09 -002 Staff Rpt Public Hearing Item VI -B Page 5 of 7 P & Z:Sept.17. 2008 Public Hearing Item VI -B TRAFFIC IMPACTS: This rezone action is not expected to result in any adverse traffic impacts. The original spur road construction serving the facility was designed to handle high traffic counts, and there appears to be sufficient land area within the tract in order to provide required off - street parking. 09 -002 Staff Rpt Page 6 of 7 P & Z:Sept.17. 2005 Public Hearing Item VI -B RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation of approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of proposed Tract F within USS 2261 and USS 4947 from C- Conservation #o Light Industrial Zoning District, and to adopt the "Findings of Fact" in the staff report dated August 25, 2008, in support of this recommendation. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: [1] 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. A rezone from C- Conservation to LI -Light Industrial is needed and justified because the LI -Light Industrial zoning district permits development that: A. is consistent with current and proposed development trends in the area; B. is suitable for this site, given the physical characteristics and location of the tract; C. will not create any nonconforming land uses; . D. is consistent with the Near Island Comprehensive Plan [2] 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone of the area identified as and granted a CUP for a floatplane facility in Trident Basin is consistent with the intent and objectives of the Near Island Comprehensive Plan. In the section described as "Description of Development Categories and Allowable Land Use," the Near Island Comprehensive Development Plan (1987) identifies a possible float plane facility to "...include docking and tie -down areas, a shore -based haul out area for maintenance, and parking areas" (p. 14). The maps accompanying that plan specifically designate Trident Basin as the site for a proposed floatplane facility and aerodrome. This intent dovetails with long- standing Port of Kodiak harbor plans to eliminate the extremely dangerous situation of boats and float plane traffic sharing the crowded St. Paul's Harbor Channel. 09 -002 Staff Rpt Page 7 of 7 P & Z:Sept.17, 2008 Chapter Eleven r. Local Communities Figure 11.3 gg c3 E.- as Fri O N co 1 1 0 N d c3 _ r m m e CD m Kodiakasga r BOROUGH uernoronen9iiyee wV oe kipoar: Page 21 i.j1 January 2008 Page 22 ►� January 2008 4 Library, senior facility and Culture Center operated with assistance from the Tribal Council and 'Kodiak Senior Services 4 School /educational services provided through the Kodiak Island Borough School District and Kodiak Island Borough (selected maintenance and improvements) 4 Small boat harbor 4 Solid waste management 4 Emergency response provided through the Community Emergency Response Team The Natives of Larsen Bay Tribal Council is recognized by the Bureau of Indian Affairs as the official governing body for the Native Village of Larsen Bay. The Tribal Council has a full time President and seven members of Tribal Council. The Tribal Council has not yet specified its jurisdictional territory. Land Management and Use The Borough is responsible for all planning and zoning within the City of Larsen Bay. The KIB Community Development Department prepared the 1984 Larsen Bay Comprehensive Development Plan, which describes the conditions that existed in the community at that time, identifies local issues and establishes goals and objectives for the community. More recently, the City prepared the 2006 Larsen Bay Community Plan, which includes similar content. In the event that provisions of either plan related to land use or zoning conflict with this KIB Comprehensive Plan, the Borough -wide plan shall take precedence. The following KIB zoning districts apply in Larsen Bay: 4 Business (B) 4 Light Industrial (LI) 4 Public Use Land (PL) 4 Single Family Residential (R -1) Current zoning designations are shown on Figure 11.3. A subsequent draft of this Plan will include a map of proposed future land use designations based in part on the results of Comprehensive Plan update meetings. A local village corporation, Nunachkpit, was formed for Larsen Bay under the American Native Claims Settlement Act (ANCSA) . Nunachkpit later merged into the Koniag, Inc. Native Corporation. As a result of this merger, Koniag owns and manages much of the land immediately adjacent to the City of Larsen Bay and of the neighboring Karluk River Drainage, including both the surface and sub - surface estates. The federal government also owns significant land holdings near Larsen Bay, which are part of the Kodiak National Wildlife Refuge. Commercial access to refuge lands for hunting and fishing is strictly regulated, and Larsen Bay residents rely on access to both Koniag and Refuge Lands for subsistence and commercial guiding and fishing activities.'" Kodiaka7,a , BOROUGH Uosur re K1eabiv iar; Chapter Eleven e'7 Local Communities Economic Development The 2000 U. S. Census showed that the City had a 10% unemployment rate. This does not include the nearly 42% of adults over age 16 who were not in the workforce (i.e., were not employed and were not seeking work). The median household income was $40,833, and 21% of all residents were living below the poverty level. Larsen Bay is one of only two outlying communities on Kodiak Island that has a local cannery outside the City of Kodiak. The other is located near (but not technically within) Ahkiok. The cannery is an important resource in that it could allow for halibut to be processed and frozen year round. The City also has six lodges, two of which are open year round. A study of employment and jobs held by local residents was conducted as part of the Larsen Bay Community Plan process. According to this study, there were 222 employment positions in the community, but only 12 of those were full time. Thirteen of the jobs were part-time, and 187 were seasonal. Only 11 jobs in the community included some form of benefits. The majority of seasonal positions (160) are associated with the Icicle Seafoods cannery. Many of those jobs are typically held by non- resident workers. Transportation and Public Facilities The City of Larsen Bay provides electricity, water, sewer and solid waste disposal services. The City also is responsible for road maintenance, which is financially supported by the Tribal Council. The roads are not paved and do not have streetlights, and road dust is often a problem in summer. The City has a small boat harbor, with limited facilities. The state of Alaska owns a small 2,700 - foot gravel airstrip that receives regularly scheduled flights from small aircraft charter companies located in the City of Kodiak. The City provides maintenance services to the airstrip. State planning calls for the airstrip to be extended to 3,300 feet to accommodate larger aircraft. A new fuel tank storage facility was recently completed and allows for increased fuel capacity for the community. Electricity is, in part generated by a small hydroelectric plant located about a mile from town. It is anticipated that the plant may need to be upgraded to continue servicing the community. The Kodiak Salmon Packers cannery currently maintains its own electrical generation plant. Water and sewer facilities are reportedly in generally good condition as of preparation of this Plan, with some improvements needed to sewer pump stations and selected water distribution pipes. The City is also served by some individual septic systems. No major improvement needs were identified by the City during the Larsen By community planning process. Healthcare services are provided by KANA, which operates a small clinic staffed by two health aides. These health aides provide assistance for minor health concerns and first response Chapter. Eleven .- Local Communities Kodiakvs Fi BOROUGH Page 23 . January 2008 issues Page 24 r� January 2008 emergencies. There also is a Community Health Provider, who provides behavioral health support and services. KANA also provides some in- village physician and dental services through itinerant health care providers. KANA's services are available only to those who qualify under federal guidelines; so non - native residents may receive emergency assistance but must go to Kodiak for their healthcare needs. The community has one Village Public Safety Officer, as well as a volunteer fire department and some fire- fighting equipment, including one truck and one trailer that can be pulled behind a snow machine. Emergency response is provided through the five- member Emergency Response Team, in accordance with a community Emergency Response Plan. The City also supports a small library and Culture Center. Parks and Recreation With the exception of the Culture Center, there are no formal recreational facilities in Larsen Bay. Environmental Quality The local climate in Larsen Bay supports a wide variety of plants, animal and bird life. Marine mammals such as whales, sea lions, and seals are frequent visitors to Uyak Bay and are often visible from the City. Shellfish such as tanner and Dungeness crabs also are found. Mild earthquake activity is frequent in the area and several large earthquakes have been experienced in the past. The 1964 Great Alaskan Earthquake caused sustained ground shaking in Larsen Bay, but the resulting tsunami did not affect the community. Larsen Bay experienced a prolonged earthquake in 2000 that registered 7.0 on the Richter scale. Scientists continue to map and discover earthquake fault systems in the area. Specific issues noted by residents in Comprehensive Plan meetings in addition to those identified at the beginning of this chapter include the following: + The community had limited input in the 1984 Comprehensive Plan for Larsen Bay which should not be used as the basis for land use decisions. + Allow small -scale commercial uses and more Bed - and - Breakfasts and lodges, such as in mixed - use zones under certain conditions. + Address concerns about the social impacts of some lodges located within neighborhoods. + Land use planning needed on Amook Island. + Need to expand the boundaries of the City's watershed. + The City should be informed and have leadership on what happens in the City. + Develop housing to attract and keep teachers. Kodiakps BOROUGH Chapter Eleven w.41 Local Communities Goals, Policies Implementation Actions Many of the following goals, policies and implementation actions correspond to the issues identified above and /or were identified in the Larsen Bay Community Plan prepared through the Rural Leadership Forum process. Land Use Goal: EnhancE flexibility of land USE regulations. Policies • Address concerns about the social impacts of some lodges located within neighborhoods. • Coordinate with the multiple agencies that have a role in local land use issues. Implementation Actions * Review and develop City of Larsen Bay Boundaries that are consistent with and supports the Community Vision. * Acquire Land to allow Tribal Council to enhance development. G * Allow small -scale commercial and more Bed - and - Breakfasts and lodges under certain circumstances, such as in mixed -use zones. * Plan for land use on Amook Island. * Expand the boundaries of the City's watershed. Transportation Goal: Improve marinE transportation facilities. Implementation Action * Develop deep -sea dock to position Larsen Bay to capitalize on its unique location on the west side of the Shelikof Strait, including a ferry service. Public Facilities, Health and Safety Goal: ImprovE and maintain local infrastructure. Implementation Actions • Develop basic infrastructure repairs and improvements to: 1. Current electrical delivery system including cost of power. 2. Street Lights. C r ) 3. Water and Sewer. Chapter ElEvEn .' Local Communities Kodiakcsupic BOROUGH 5. omIrrR neiroseve Vier, Y1ksua'c, Page 25 i, January 2008 I" — , 7 Page 26 r: January. 2008 4. Establish a public works department. 5. Continue ongoing heavy equipment repairs and acquisitions. 6. Develop public use facilities such as restrooms and telephones in areas such as the Boat Harbor. 7. Develop community greenhouse, barn and cold storage facility. 8. Develop and implement Community Road Plan. 9. Continue current village erosion control projects. * In conjunction with infrastructure development, develop a Community Hall /Cultural Center/ Assisted Living Senior Center. * Develop a Healthcare Plan consistent with the Community Vision that serves all community members. Local Government Goal: Improve overall communication with the Borough. Policies • Coordinate with the Borough on building and development issues. • Define and . velop key relationships that will support Larsen Bay in obtaining its community vision. Implementation Actions * Dedicate a specific Borough employee to communicating with the villages. * Establish a Standing Education Committee comprised of members of the City Council, Tribal Council and teachers in the community. * Upgrade City of Larsen Bay Government to better support Larsen Bay's people and strategic goals, including: 1. Establishment of personnel policies. 2. Review of City Revenue Structure. 3. Review of pay scales and job descriptions. Kodiakq�.' BOROUGH MaSreortLeireganse[i Lina k: * Determine what additional resources the City will require to support its role in achieving the Community Vision. Review and Develop City of Larsen Bay Planning and Zoning that are consistent with and supports the Community vision. Chapter Eleven 1-) Local Communities Economy Goal: Retain residents. Policy A Improve economic opportunities in Larsen Bay. Implementation Actions * Increase Government Revenues through expanded services and development of infrastructure. * Provide Comprehensive Community Services to seasonal and transient populations. * Develop a six -tier economic development strategy that focuses on the five current aspects of the economy of Larsen Bay and additional potential. * Establish an interface with the Karluk River Area by enhancing the current Karluk River management and partnership with the village of Karluk. * Establish a viable Community Fishing Quota program initially for Halibut and Sablefish. * Develop a strong working relationship with the Icicle Seafoods cannery. • Develop additional industries and businesses that are attractive to Larsen Bay. * Develop infrastructure that will support increased economic development activity and provide necessary services. * Require that public education in Larsen Bay meet or exceed established educationa standards for formal education required for students to excel in the trade or profession of their choice and culture place -based education that establishes positive self- awareness and self esteem in community youth. • Consider educational options that are altemative to and in addition to the Kodiak Island Borough School District such as: 1. Continuing education 2. Charter school in Larsen Bay 3. Fishing School 4. Other similar options. Chapter EIEVen ., Local Communities Kodialvs t BOROUGH Page 27 ► —', January, 2008 Page 28 r'� January 2008 Housing Goal: Improve housing conditions and resources. Implementation Actions * Develop Housing Plan consistent with the Community Vision of three additional households by 2008 and five additional households by 2013 that serves all community members and is consistent with defined Land Use Planning. * Explore funding sources to develop teacher housing. * Explore funding sources to develop senior housing and related services. Environmental Quality Policies • Work together with Fish and Game to enhance and maintain Larsen Bay area fisheries. • Monitor subsistence to ensure community access. Implementation Actions * Perform an environmental inventory and assessment and develop an appropriate clean -up plan. This plan should include the potential tourism impact on the environment, the replaced tank farm and clean up of scrap metal. * Perform Community beautification in association with Community Togetherness goals and the Larsen Bay Youth Council goals. * Develop an insect control program that is effective but not harmful to existing economic development such as the Icicle Seafoods cannery and tourism. * Continue developing the Bear Management program in association with the State of Alaska Fish and Game and Kodiak Island Wildlife Refuge. • Perform review of status of Village Safewater and planning for future Village Safewater that supports the Community Vision. Other Goal: Preserve and enhance community togetherness and cultural awareness. Implementation Actions • Develop an annual community gathering calendar and let people know when gatherings are happening. Kodiak? BOROUGH Orutzti Chapter Eleven Local Communities Actively engage and participate in regional community and cultural activities such as Awakening Bear, Alutiiq Culture Week, enhancing Culture Center and activities centered on Young Adults and other events that build positive self- awareness. * Bring back Alutiiq /Russian Orthodox Celebrations such as Masquerade and other similar events. * Work with Elders to bring back historic activities such as Humpies in Pooshki leaves, teaching kids how to fish and other activities that teach self - sufficiency. * Work together to beautify Larsen Bay with activities such as: 1. Work days to help each other clean up yards. 2. Beautifying historic cemeteries. 3. Other similar activities. 0414etrbor ArielieFege, The arca around OId I larbor is thought to have bccn inhabited for nearly 7,500 ycars. The two more earthquakes struck thc arca by 1792. The town relocated to "Saint Paul's Harbor," thcir homc ovcr time. This mix has resulted in a unique community, blending elements of the 4n thc last 15 years, many community members of Sugpiaq Alutiiq dcsccnt have been center for much of this. Today, OId I larbor has an Alutiiq Dancc Croup, the Nuniaq Dancers Chapter Eleven r Local Communities KodiaktF ?- BOROUGH w°JC�d [!�Fk:kRtr k_-'Pi 1. K - - tly S, Page 29 January 2008 250 200 150 100 50 0 LARSEN BAY POPULATION 1982 to 2007 POPULATION 198219831984 1985 1986 19871988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 20042005 20062007 Figure 1 —0—POPULATION ... _ . ZT 101- '901po18 Y loul'aNsu001 Aeg Ua51e1 800.00 08p0111e!poM 'Unknown 000'015 - 20 701 003'900$ - ZI 101 Unknown 1 a •Pol oN Unknown Unknown umou1unl Yes (Water only, septic system for onsite wastewater disposal) 503 50A 240388 Kodiak Lodge at Larsen Bay LTD Unknown Unknown oN umoUSUll ON Ielvawwo0 ... - E101'E IPOIB 'V 1oe11'agsomol Aeg navel 180-80 ON Unknown Lot 3 - $3,800 Lot 3 - 30.00 (Vacant) - -__. - Unknown VN VN VN VN 504 504 ON ON saA ON VN V9 ON 08 09 ON lenuaplsag 03 -018 Larsen Bay Townsite, Tract A, Block 16, Lot 10 oullun Unnkown 008'95 - 0I 701 Lot 10 - $33,600 Unknown 0N a • Po7 ON U n k nown Unknown Unknown City Water Only; On -site Wastewater Disposal sal 504 Unknown Unknown O Unknown Commercial 03 -016 Larsen Bay Townsite, Tract A, Bloc[ 19,1044 Unknown °mous.n 008'53 - 41 0098L$ - 95 0 1 u ory 10Roa(0nO9 All0 O'0I9 1S umou4un waoO4lln uwousun umou sunl City Water Only; On-site Wastewater Disposal 504 406 'Unknown Unknown oN Unknown- 044 Commercial 03 -012 Larsen Bay Townsite, Tract A, Block 7, lot 4 and Blodt 8, Lots 3,4 and 5 a8po7 simmt0 Sumo)! Unknown Lot 3 - $3,500 Lot 4 - 53,500 1045- $3,200 (87) Lot 4 - 33,400 Lot 3 - $27,500 Lot 4 - $0.00 (Vacant) Lot 5- $0.00 (Vacant) (87) Lot 4- $36,700 Unknown oN Unknown Single-family Residential (one SFR on Lot 4, Blk 7 and one 5FR on Lot 3, Blk 8 SO4, umou4un umoull4D 504 Sall 504 . a8po1 v0ye9D ,10!p03 2884.81 Unknown Unknown ON umou4un 049 1e11uaping/1u00y01eM/leivawwo0 POW Poe 0 4101 'E 1polg Y 70u1 'a5sumol Aeg naval 100-80 02p01409 '10AD °m n Lot 1 - 510,000 Lot 2 - 34,800 Lot 1 - $208,200 Lot 2 - 50.00 (Vacant) uMOUllun ON a8po1 ON Unknown 504 504 saA 907797 Uyak Bay LLC Unknown Unknown ON umoullun oN I09uaplsag 03 -011 Larsen Bay Townsite, Tract A, Block 2, Lots 1, 1A and 2-4 1 Vacant __...._._ -_ VN Lot 1- $3,800 Lot 1A - $5,200 Lot 2 - 520,000 Lot 1- $3,800 Lot 4 - 330,000 Lot 1- $0.00 (Vacant) Lot 16 - $0.00 (Vacant) Lot 2 - 50.00 (Vacant) Lot 3 - $0.00 (Vacant) Lot 4 - 50.00 (Vacant) ON 09 auoN ON 931 VN VN VN 09 VN ON ON ON VN VN Lots 1 and 1A - Residential; Lots 2 and 3 - Commercial; lot 4 - Residential 03 -011 Larsen Bay Townsite, Tract A, Block 1, Lots 1 -3 toidwo3 a2pol Aeg navel um0usunF Lot 1 - 510,000 • Lot 2 - 510,000 Lot 3 - $33,600 Lot 1- $188,300 Lot 2 - 50.00 (Vacant) Lot 3 - $148,600 u aqAmli No Residential and Lodge 5041 593 'Unknown saA saA 6041 • 727508 Larsen Bay Adventures, LLC; 403098 Larsen Bay Adventures; 208639 Larsen Bay Lodge INC 1Unknown Unknown O NE 'Varies, Unknown No Mixed Commercial/Waterfront/Residential Case Number Legal Description i 1 'Payment of Bed Tax (to the city of 18) 1. Borough Land Assessed Value (152007) Borough Building Assessed Value (Ty2007) L xel sa1e4 Alp' L asn 10 (s aonpng5 pala51i000000 - - - - - (834 'eve 'aepol) 40080505 081sa0 8ulpen8 leu!8u0 4 aouegdwoD BuhloZ Z sao ms 8ulysl3 aplaad L 5040,105 849 ap1500d F _ ._ 4000400400910 apiao0d L iaaw5 pue 0a10M Alp Aq paa004 was AID ' Water and Sewer Rate Served by City Power aBegoe0 Alp Aq panoa5 0409 0amod le3ppa13 Business License Number '0N 11000d 14450019 0013 malaag IC4SJekll 01 13 n e a 1 I S Zoning compliance Permit I' Borough Tax Paid 152007 Parcel Site Building Height mouse Aninwtuof 404105 woe -5V Comprehensive Plan Designation City of Larsen Bay Assessment of Management Capacity Indicators Tammy Helms Rural Utility Business Advisor (RUBA) Program Division of Community Advocacy Commerce, State of Alaska April 2, 2008 Introduction The City of Larsen Bay assessment report was completed by the Rural Utility Business Advisor Program (RUBA) as a requirement for a projected VSW grant- funded project. The report was completed with the voluntary assistance of the utility and based on information utility staff provided to the RUBA program. The goal of the RUBA Pmg m is to help small communities implement utility management practices that will improve the utility's ability to provide safe drinking water to their communities on a sustainable basis. The RUBA Assessment evaluates essential and sustainable indicators necessary for the managerial and financial health of the utility. These indicators are organized under the following sections: • Utility Finance • Accounting Systems • Tax Problems • Personnel System • Organizational Management • Operation of Utility Essential Indicators identify policies and practices that are critical to the short-term operation of a utility. Sustainable Indicators identify policies and practices that make a utility cost - effective to operate and increase the likelihood of long -term financial success. The Major Recommendations are limited to those items needed to meet deficient essential indicators. This is because only the essential indicators are a required to be met under the grant conditions. The City of Larsen Bay operates and manages the following utility services: • Water and Sewer services • Landfill • Garbage haul • Harbor/Dock • Fuel Sales • Airport Maintenance • Road Maintenance • Electricity Essential Indicators Report Page 2 Management Capacity Indicators On April 2, 2008 Tammy Helms met with the City of Larsen Bay staff to complete a RUBA Assessment of Management Capacity Indicators. City staff provided documentation supporting the conclusions in this report. Utility Finance Essential Indicators Yes No ❑ ® ❑ 0 El El El El IZ1 ® ❑ Sustainable Indicators 0 El ® ❑ El E All revenue and expenses for the utility are listed in the utility budget. The utility has adopted a balanced realistic budget. Monthly financial reports are prepared and submitted to the policy making body. The utility is current paying all water /wastewater electric bills. The utility has on hand a year's adequate fuel supply or it has a financial plan to purchase an adequate supply. The utility is receiving revenues (user fees or other sources) sufficient to cover operating expenses. The utility is receiving revenues (user fees or other sources) sufficient to cover operating expenses and Repair & Replacement (R &R) costs. YTD revenues are at a level equal to or above those budgeted. YTD expenditures are at a level equal to or below those budgeted. A monthly manager's report is prepared. Budget amendments are completed and adopted as necessary. The City of Larsen Bay drafted and adopted a FY 08 budget with RUBA assistance but it has not begun the FY 09 budget process. RUBA staff will assist the City Clerk with preparing the proper financial reports so they can be submitted to the Council monthly. The interfacility bills have not been paid for at least 8 months due to not having a consistent office staff. The water and sewer revenues are not sufficient to cover operating expenses. The City subsidizes its water and sewer utility through the fuel and electric sales. Manager/ operator reports are given verbally when requested from the Council. Essential Indicators Report Page 3 Accounting Systems Essential Indicators ns No ® The utility has adopted a collection policy and actively follows it. ❑ ® The utility bills customers on a regular basis. ® ❑ An accounts receivable system is in place which tracks customers and reports past due accounts and amounts. ® ❑ An accounts payable system is in place. ® ❑ The payroll system correctly calculates payroll and keeps records. ® ❑ A cash receipt system is in place that records incoming money and what it was for. ® ❑ The utility has a cash disbursement system that records how money was spent. Sustainable Indicators ® ❑ A chart of accounts is used that identifies categories in a reasonable, usable manner. ® ® Monthly bank reconciliations have been completed for all utility accounts. ® ❑ The utility has a purchasing system that requires approval prior to purchase, and the approval process compares proposed purchases to budgeted amounts. Although the City has an adopted collection policy, it has not been actively or consistently enforcing it. The City utilizes QuickBooks for accounts receivable, accounts payable and payroll. The QuickBooks system is set up properly and has been a tool in the past to reliably keep the City's finances in order. Currently bills are not going out on a regular basis due to staffing issues. It is recommended the Council review and implement the City's collection policy immediately. The City utilizes QuickBooks for accounts receivable, accounts payable and payroll. The QuickBooks system is set up properly and has been a tool in the past in keeping the City's finances reliably. Unfortunately in the past few years the employees responsible for accounting entry failed to enter data or execute the program functions properly, which has lead to the City writing numerous NSF checks and an inaccurate accounting of the cash on hand. Essential Indicators Report Tax Problems Essential Indicators Yes No NA ▪ ❑ ▪ ❑ 1=1 El ® ❑ ❑ Personnel System Essential Indicators Yes No ® ❑ Sustainable IZI E E E El El El The utility has a system to accurately calculate, track, and report payroll tax liabilities. The utility is current on filing federal and state tax reports. The utility is current on making federal and state tax deposits. If there are any past tax liabilities, a repayment agreement has been signed and repayments are current. As stated previously the City has a QuickBooks system that accurately tracks, calculates and reports payroll tax liabilities if the accounting personnel is competent and reliable in the data entry. The City has struggled to pay the monthly payroll liabilities to the bank due to staffing issue but has managed, with RUBA assistance, to submit the quarterly reports to the IRS on time. To date the City has not received any non - compliance notices from the IRS. The utility has a posted workers compensation insurance policy in effect. Indicators The utility has adopted and uses a Personnel Policy, which has been reviewed by an attorney, AML, or DCCED for topics and language. The utility has adequate written job descriptions for all positions. The utility has adopted and follows a written personnel evaluation process that ties the job description to the evaluation. The utility has an adequate written hiring process. The utility has personnel folders on every employee that contain at least: I -9, Job Application and Letter of Acceptance. The utility has a probationary period for new hires that includes orientation, job - training/oversight, and evaluations. The utility provides training opportunities to staff as needed and available. The City of Larsen Bay has a posted workers' compensation insurance policy in effect from 7/1/07 to 7/1/08 with AML /JIA. The City's current hiring process is historical and is not written. Job notices are posted with the job title and description for 10 days. Interested applicants apply at the City office. There is currently no probationary period for employees. Training opportunities to staff are provided as funds allow or opportunities by other sponsors come available. Essential Indicators Report Page 5 Organizational Management Essential Indicators Yes No ® ❑ ® ❑ El Z ® ❑ El Z ® ❑ ® ❑ Sustainable Indicators Essential Indicators Report The entity that owns the utility is known and the entity that will operate the utility is set. The policy making body is active in policy making of the utility. The policy making body enforces utility policy. The utility has an adequately trained manager. The utility has an adequately trained bookkeeper. The utility has an adequately trained operator(s). The utility has adopted the necessary ordinances (or rules and regulations) necessary to give it the authority to operate. The utility has adopted an organizational chart that reflects the current structure. ® ❑ The policy making body meets as required. ® ❑ The utility complies with the open meeting act for all meetings. The current utility operator is trained but has not passed the OIT test. The interim clerk has no prior bookkeeping experience. The city council presently does not enforce the collection policy consistently. Efforts to once again enforce the policy are being pursued. Page 6 Operation of Utility Essential Indicators Yes No ® ❑ ® ❑ The utility operator(s) are actively working towards necessary certification. The utility has a preventative maintenance plan developed for the existing sanitation facilities. Sustainable Indicators ❑ ® The manager receives a monthly O &M report from the utility operator and routinely "spot checks" the facilities to see that the maintenance items are being completed. ❑ ® The utility has a safety manual and holds safety meetings. ® ❑ Utility facilities have not suffered any major problems /outages due to management issues that are still unresolved. ❑ ® The utility is operating at the level of service that was proposed. ® ❑ The operator provides status reports to the manager on a routine basis. ® ❑ The utility has completed and distributed its Consumer Confidence Report (CCR). ❑ ® The utility meets all required regulations (is not on the Significant Non - Compliance (SNC) list). ❑ ® The utility maintains an-inventory control list. ❑ ® The utility maintains a critical spare parts list. In speaking with the Remote Maintenance Worker, Steve Evavold of Village Safe Water, there is a preventative maintenance plan for the existing system. The current utility operator is trained and can run the system but has not passed the OIT test. Historically the utility operator reports to the Mayor or Vice -Mayor when there is a problem or he can foresee one. The utility is not able to operate at the level of service that was proposed due to the inability to backwash the rapid sand filter. The utility does not meet all required drinking water regulations. The City is currently on the SNC list for treatment technique violations and monitoring violations for Stage one and SWTR. The utility operator and Council attempt to keep needed critical spare parts on hand. Essential Indicators Report Page 7 Major Recommendations Conclusion and Next Step The City of Larsen Bay has not met all of the essential capacity indicators. In order to meet them, the utility must take the following actions: • The City Clerk should prepare and submit monthly financial reports to the Council. • The City Council needs to make a financial plan to purchase an adequate supply of fuel. • The City Council should review and enforce the collection and disconnection policy they have previously adopted. • A consistent active effort must be made to bill utility customers on a regular basis. • The City is not current with payment of 941 tax liabilities although all reports have been submitted with the assistance of the RUBA program staff. • The City should make it a priority to hire a new City Clerk to perform the . bookkeeper's duties and actively support any training available. In addition to the Major Recommendations, the City of Larsen Bay can work to improve Sustainable Indicators in the areas of "Utility Finance," "Personnel System," "Organizational Management," and "Operation of Utility." It is recommended that: • The City identify revenues to sufficiently cover operating expenses and R &R cost. • The Council should follow the proper procedures in amending and adopting budget amendments. • The utility create and adopt a personnel policy. • The utility create adequate written job descriptions for all positions. • The utility adopt and follow a written personnel evaluation process that ties the job description to the evaluation. • The utility create an adequate written hiring process. • The City should update all personnel folders to ensure every employee file contain at least: 1 -9, Job Application and Letter of Acceptance. • The utility have a probationary period for new hires that include orientation, job training/oversight and evaluations. • The utility adopt an organizational chart that reflects the current organizational structure. • The Manager/Mayor routinely "spot checks" the facilities to see that maintenance items are being completed • The utility supply safety manuals and hold safety meetings. Essential Indicators Report Page 8 • The utility meet all required drinking water regulations. The regional RMW can assist in meeting this step. • The utility maintain an inventory control and critical spare parts list. By implementing the above recommendations, the City of Larsen Bay will put itself into position to better meet unanticipated financial costs and ensure that employees are aware of their conditions of employment. The City of Larsen Bay billing staff was open and helpful with providing information to complete this assessment. The City Council realizes the importance of community health, financial stability, effective utility management practice and sustainability. RUBA staff is available to provide assistance for any sustainable capacity indicators that are not being met. CC: Steve Evavold, RMW Elizabeth Manfred, RUBA, Program Manager Steve Forslin, ANTHC, Engineer Essential Indicators Report Page 9 MEMORANDUM STATE OF ALASKA Commerce, Community, and Economic Development TO: Mayor William Nelson DATE: July 8, 2008 City of Larsen Bay FROM: John Nickels PHONE NO: 269 -4564 LGS III/ RUBA Introduction The Rural Utility Business Advisor (RUBA) program provides management assistance to small utilities with a variety of management tasks, including setting utility rates. RUBA staff traveled to Larsen Bay July 1 -3, 2008 at the City's request to collect financial and operational data necessary to conduct a utility rate study for the water and sewer utility. Utility Operating Expense Utility rates should be set so that they generate sufficient revenue to cover the costs of operations and maintenance, and funding a reserve account for repair and replacement of equipment. The key to setting good rates is to have a clear idea of these costs. The following cash basis financial report for the water and sewer utility was provided by city staff to document expenses and revenues for FY08. 2.08 PM 07/01108 Cash Basis City of Larsen Bay -2003 Profit & Loss by Class July 2007 through Juno 2008 Water & Sower TOTAL Ordinary Income/Expense Income Income 14,232.50 14,232.50 Total Income 14,232.50 14,232.50 Gross Profit 14232.50 14,232.50 Expense Chemicals & Testing 6,112.60 6,112.80 Duse & Subscriptions 50.00 50.00 Electricity 4,696.85 4,896.85 Fdeght 329.88 329.88 Fuel Oil 1,301.01 1,301.01 Insurance & Bonding 3,251.00 3,251.00 Parts & Supplies 1,437.60 1,437.80 Payroll Expenses 11,885.92 11,885.92 Payroll taxes 1,136.84 1,136.64 Postage 5.05 6.05 Travel AlAers 94.50 94.50 Per Diem 500.00 500.00 Travel - Other 224.40 224.40 Total Travel 618.90 818.90 Total Expanse 31,025.45 31,025.45 Net Ordinary Income - 16,792.95 - 16.792.95 Net Income - 16,792.95 - 16,792.95 SUBJECT: Larsen Bay Water /Sewer Utility Rate Study City staff stated that expenses associated with pumping individual septic systems are included in the above expenses, and that the current water rate is actually a combined water and sewer rate. Residents are not charged separately for septic pumping services. The report shows that the City is subsidizing the operation of the water sewer utility. Expenses in FY08 exceeded revenues by $16,793; in other words, in FY08 water sewer revenues paid for only about 46% of the utility's expenses. RUBA recommends that water sewer utilities be managed as self - sustaining enterprises, which in the case of Larsen Bay will require an increase in utility rates. Calculation of proposed rates is based on the FY08 expenses. A draft FY09 budget for the utility projects very similar expenses, but a water system project planned for next year will likely add expense items and increase other existing expense items in the water sewer budget. Service to new customers, particularly commercial customers, will also affect expenses and rates. New rates will need to be calculated at that time, and should be reviewed for accuracy at least annually. Repair and Replacement To be sustainable, a utility's rates must also pay for the infrequent expense associated with replacing worn out equipment. A repair and replacement fund should be created to replace equipment with a useful life of less than ten years. The amount to be set aside each year is determined by dividing the cost of the equipment by the estimated life of the equipment in years. RUBA recommends that at least two items be included on a list of equipment that will need to be replaced periodically. The first replacement item is the water filter media, which is estimated to have a useful life of 10 years and would cost $10,000. Setting aside $1,000 each year for ten years would ensure the necessary funds will be available. The other item is a group of three chemical pumps used in the water treatment process. These pumps each cost about $1,000 and have an estimated useful life of 3 years. Setting aside $1,000 each year would ensure funds are available for pump replacement. A total amount to be set aside each year for repair and replacement is $2,000 and is to be added to the total operating expense ($31,025) to determine the annual revenue requirement, which is $33025. The City's remote maintenance worker (RMW) and sanitation project engineers may be consulted to verify the amount to be set aside for repair and maintenance. Collection Rate A factor that greatly impacts the revenues received by a utility is the collection rate, which is that portion of the total amount billed that was actually received by the utility. For various reasons, utilities rarely receive 100% of what was billed, so rates that are based on the revenue requirement will always fall short in collecting the needed revenues. To allow for this shortfall, rates are based on a larger amount, which is determined by dividing the annual revenue requirement by the collection rate. The financial reports for the water sewer utility indicate that for FY08, the collection rate was 83.2% for all customers combined. Collection rate by class was not determined Dividing the revenue requirement (33,025) by the collection rate (83.2 %) yields 39,693.51 which is rounded to 39,694. Rates based on this number will result in the needed $33,025 if the collection rate remains at 83.2 %. 2 Customer Classes and Current Rates The utility charges customers for water service using a monthly flat rate. In the case of commercial customers, individual monthly rates are used that are based on the residential rate and the estimated use of water compared to average residential use. The current classes, numbers of customers and water rates are as follows: Residential; 33 customers; monthly rate is $23.18. Seniors; 12 customers; monthly rate is $8.75. School; one customer; monthly rate is $300.00. Public Facilities; 5 customers; monthly rate is $23.18 Commercial; 6 customers; monthly rate varies depending on estimated volume of water use compared to an average residential customer. The six lodge businesses were identified and currently are charged a commercial rate are as follows: Larsen Bay Lodge, $185.44 Uyak Bay Lodge, $69.54 Kodiak Charters, $69.54 Kodiak Lodge, $92.72 Foxtail, $23.18 Island Resort, $46.36 Proposed Rates A water meter at the water treatment plant records the number of gallons of water that is treated. A cost per gallon was calculated, but cannot be applied to individual customers because none have meters to record the amount used. Rates that would meet the revenue requirement were initially calculated based on the estimated use of water by each class and the cost per gallon. After discussions with city staff and others, adjustments were then made to allow for a lower rate for seniors, the same rate for the school, and a higher rate for public facilities. The rates were recalculated to include the changes but still yield the necessary revenue requirement. Upon reviewing the resulting rates, it was pointed out that the commercial customers varied greatly in size and that including all in one class with the same rate might be unfair. In addition, different lodges operate for different periods of time each year and a seasonal rate would be more appropriate. In response to those concerns, the commercial class was divided into large and small commercial classes, and estimates of the operating periods for each commercial customer were made. Rates were again recalculated to yield the necessary revenue requirement, and are summarized in the table below. 3 Monthly Annual Rate Contribution Residential (32) $46.00 $14,696.45 Senior (11) 23.00 2,525.95 School 300.00 3,600.00 Public Facilities Clinic 52.00 624.00 Post Office 52.00 624.00 VPSO 52.00 624.00 City Office 52.00 624.00 Tribal Office 52.00 624.00 Lg Commercial Larsen Bay Lodge 9 months 220.19 1,648.78 3 months 46.00 114.82 Uyak Bay Lodge 9 months 220.19 1,648.78 3 months 46.00 114.82 Kodiak Charters 9 months 220.19 1,648.78 3 months 46.00 114.82 Island Resort 4 months 220.19 732.79 8 months 46.00 306.18 Kodiak Lodge 4 months 220.19 732.79 8 months 46.00 306.18 Sm Commercial Foxtail Lodge 4 months 95.00 316.16 8 months 46.00 306.18 O'Brien's Seafoods 4 months 95.00 316.16 8 months 46.00 306.18 Sourdough Bay Lodge 4 months 95.00 316.16 8 months 23.00 153.09 Projected annual revenue $33,025.07 The rates and projected revenues are based on a collection rate of 83.2% for customers in the residential, senior, and commercial classes. Based on discussions with city staff and others, a 100% collection rate is assumed for the school and public facilities. The proposed rates will currently meet the revenue requirement for the water sewer utility but further adjustments can be made and the rates recalculated if requested by the city council. Observations: The only meter data for the utility is for the water plant, and estimates of water use by class added up to far less than the actual amount documented in the meter logs. Utility data indicates that the 7,170,068 gallons of water were treated, and an estimated 3,395,000 gallons were consumed by utility customers. This means that about 53% of the treated water is being lost. Possible explanations for the unaccounted water use include faucets left running to prevent freezing in winter, leaks in the distribution system, or 4 hoses left running. If these losses could be prevented or reduced, significant savings might.be realized .' that would allow lower rates. ' '• The collection rate was found to be 83.2 %, which was used to calculate the proposed rates. The rates could be decreased slightly if the collection rate could be improved. The use of water meters would allow rates to be based on the actual amount of water consumed, and would encourage water conservation, which would lower operating costs. RUBA recommends water meters for all commercial customers. The proposed rates include septic pumping service, which is not currently billed. Accounting for septic pumping expense separately would allow a separate charge to be determined for this service, and would allow a lower charge for water service. Calculation of proposed rates is based on the FY08 and projected FY09 expenses, which are similar. Any change to the system such as a project that installs new equipment or inclusion of additional customers will affect utility expenses and the rates that should be charged. New rates will need to be calculated at that time, and should be reviewed for accuracy at least annually. 5 An EST: A CITY OF LARSEN BAY PO BOX 8 • LARSEN BAY, ALASKA • 99624 PHONE: 907 -847 -2211 • FAX: 907 -847 -2239 E -MAIL: CITYOFLARSENBAY ©AOL.COM (Mayor Secretary Treasure) RESOLUTION NO. 08 -05 A RESOLUTION REQUESTING THE KODIAK ISLAND BOROUGH PLANING, ZONING AND ASSEMBLY TO POST PONE ACTION ON CASES REGARDING LARSEN BAY, CASES 03 -011, 03 -012, 03 -016, 03 -018. WHEREAS, the community unity of Larsen Bay needs to have the Planning and Zoning Plat updated; and, WHEREAS, the Lodges are being constructed without regard to the City of Larsen Bay's input or permission; and, WHEREAS, the residential homes have been converted from residential to commercial enterprises; and, WHEREAS, the Lodges are adjacent to residential homes and the Larsen Bay School causing concern amongst the year around residential community members; and, WHEREAS, any addition building within the community will greatly overtax facilities that service the resident. NOW THEREFORE BE IT RESOLVED THAT: The City of Larsen Bay Council request the Kodiak Island Borough and the Planning and Zoning commission post pone the rezoning in Larsen Bay until these issues are solved and that the borough Planning and Zoning commission meet the Larsen Bay at their earliest convenience and halt all future building within the community of Larsen Bay. BE IT FURTHER RESOLVED THAT; the Larsen Bay City Council develop an ordinance for building codes and permits. PASSED AND APPROVED by a duly constituted quorum of the City of Larsen Bay This /9 da of /= -e> t v %. c&/V L SIGNED: .A°nF To Whom It May Concern: This letter is to acknowledge that the Native Village of Larsen Ba Tribal Counci recognizes the property listed as lots 1, 1 a, 2, and 3 as places of hist • cal findings a d historical significance to our Tribe. There have been and continue to be a ifacts found in = are as well as human remains. Thank you for your time and acknowledgement of this matter. Sincerely, Z•d LArraa Trall3ALC au . 1L, .7z.444. el Alok_ Jennifer Moe Vice President Native Wage of Larsen Bay Tribal Council PNoNLf 9O7J FAX (9071 84707 PO Box 50 LIARmGN rjAV A'-cA 99624 d4o:bo 90 6. Q$ DEPARTMENT OF NATURAL RESOURCES DIVISION OF PARKS & OUTDOOR RECREATION OFFICE OF HISTORY AND ARCHAEOLOGY April 25, 2008 RE: Larsen Bay Subdivision / Re- zoning Bud Cassidy, Director Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Mr. Cassidy: Sincerely, J. David McMahan Alaska State Archaeologist, Deputy State Historic Preservation Officer SARAH PALIN, GOVERNOR 550 WEST 7 AVENUE, SUITE 1310 ANCHORAGE, ALASKA 99501 -3565 PHONE: (907) 269 -8721 FAX... (907) 269 -8908 The Office of History and Archaeology was recently notified of a request to the Borough for re- zoning a portion of the Larsen Bay Subdivision from residential to commercial. As you may be aware, this area of the Larsen Bay town site is coextensive with a large prehistoric settlement and cemetery known collectively as the "Uyak Site" or "Our Point Site" (State Inventory # KOD -145). This site, which covers around 8 acres, has been the focus of several archaeological investigations since 1931. In 1991, the site made headlines when the Smithsonian Institution repatriated 300 sets of human remains removed during the 1930s. I had an opportunity to conduct excavations at the site myself in 1993 in conjunction with a road construction project. At that time, intact portions of the site were buried beneath road fill. While much of the site has been destroyed as a result of modern residential and commercial development, it is likely that discontinuous intact deposits of archaeological materials remain. The archaeological site is privately owned and is not protected by public laws, except that the disturbance of graves and human remains is prohibited. We hope that you will consider the importance of the site and the potential effects of commercial development while making your zoning decision. Don't hesitate to contact me if I can provide further information. "Develop. Conserve, and Enhance Natural Resource: ror Preseni and Fuzurc Alaskans. • g i!iii iliAl 0 r 1 O 1 ., eok 'r cd - Cet U � OA O • 0 aj x 2 0 Q a, 0 d ay 1 t 9, 111 o r * 4�' Duane Dvorak Subject: FW: Larsen Bay Comp Plan From: Allen Walburn [mailto:awalburn1 ©comcast.net] Sent: Wednesday, February 13, 2008 11:41 AM To: Duane Dvorak S ubject: 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 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 Conunission'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. ' /.5 / L ; 4 „der wove( in SE Your Name: g e r /. �p K.re. Mailing Address: (64$ a. e� 143 ;.6, 093 i Your property description: ^ AR SEW A Y , 13LoGk -5, 1 . 2 Comments: ri IQ '7tr Guaira AtIcteAl 4€ loll% t1t1.4”.∎ Tiboe.Lpwta Tp4 Wttu 3 - s: . 2 r `.� .4e44 ; i a 0.N SOiJer II [ iG. Se 6t. try Uidtc! Tb Ca /.vi 4.1...v. '[11Q YL anl r ues PR a a, P -eN1 A -}Re / rotu�a� cs c- iv -ho // re2w�.:w5 / t erd B A L L V o,.air u d e l o r� "Fir" bw i>kss erla.b t; s L tut► . Als uleuici Jet/op.-4 C � t,.��v. 1�..cto „ P ,,W., (98j E�� �.� P r .al� o..l Cpq o di� Z � ol'w� 4. 3. a6ld:- Co,,� f L,t k :: K. P (.�,, Up: , rt. Y t ° 1 z I wr l.., .. ,,,. -1-* ... .. . _ _ . '. ! • %Cr. s _ ' r ( , '' .., 2 7 4 1 A 4 • 27 47g. 4 -r d , pe £ e• i. FEB 11 200 COMMUNITY DEVELOPMENT DEPARTMENT A public hearing will be held on Wednesday, February 20, 2008. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: LOCATION: ZONING: KODIAK ISLAND BOROUGH UNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -D UBLIC HEARING NOTICE 03 -011 V. Michael & Lisa Carlson; Brad & Tammy Aga; City of Larsen Bay A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 — 3, Block 2, Lots 1, 1A and 2 — 3, and Block 3, Lots 1 & 2 from R1 — Single Family Residential to B- Business. 100, 101 and 103 Second Street and 92, 94, 95, 96, 97, 98, and 99 Third Street, Larsen Bay R1- Single Family Residential 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 L I remote areas. (Ord. 93 -66.3, 1993). 17.06.495 Single resident occupancy. A single resident occupancy or single room occupancy (SRO) is a housing type consisting of one (1) room with or without cooking facilities and with private or shared bathroom facilities. A SRO is also a commercial building similar in use and function to a hotel or apartment building (e.g. multiple family dwelling) composed of eleven (11) or more studio apartments or rooming units that are available for rent for periods of seven (7) days or more. (Ord. 96 -01.3, 1996). 17.06.Vacation Home. "Vacation home" means a one - family dwelling unit that is rented or leased in its entirety for periods not to exceed 30 days in length. 3.30.280 Definitions. A. As used in this chapter the following definitions shall apply: 1. "Accommodations" mean a structure or portion of a structure which is occupied or intended for occupancy by transients for dwelling, lodging, or sleeping purposes. This term includes hotels, motels, tourist homes, houses or courts, lodges, lodging houses, inns, rooming- houses, hostels, trailers, bed and breakfasts, dormitories, charter boats, cabins, tents, or other temporary structures. This term does not include any hospital, medical clinic, or nursing home. 10. "Transient" means a person who occupies or rents and has available for the person's own occupancy or occupancy by any other person any type of accommodation for fewer than thirty (30) consecutive days. An employee who occupies or has available for fewer than thirty (30) days a suite, room or rooms rented or leased for more than thirty (30) consecutive days by an employer for use on a rotating basis by employees is not a transient. (Ord. 2000 -06 .2(part), 2000; Ord. 96 -19 .3(part), 1996). Chapter 17.03 GENERAL PROVISIONS AND USE REGULATIONS' Sections: 17.03.010 Application of provisions. 17.03.020 Conformity with regulations required. 17.03.030 Alteration or erection of structures. 17.03.040 Yard or open space limitation. 17.03.050 Approval by planning and commission. 17.03.060 Zoning compliance. 17.03.070 Building permit and conformity to zoning. 17.03.080 Uses prohibited unless authorized. 17.03.090 Similar uses may be permitted. 17.03.100 Airport regulations. 17.03.110 Bed and Breakfast, Lodges, motels and hotels Prior to the beginning of any of the following uses a copy of the certificate of registration for the transient accommodation tax must be submitted to the Community Development Department and a certificate of zoning shall be issued for any of the following uses: Bed and Breakfast, hotel, motel, lodge, etc. If the proposed use complies with the criteria for exemption to the transient accommodation tax (Section 3.30.040 of Title 3 of the KIB Code), then a certificate of exemption (Section 3.30.060 of Title 3 of the KIB Code) shall be provided to Community Development staff. VACATION I HOME .. _. C.) RECREATION CABIN CL4 Ai a. U 'I�.LOIAI LODGE 9 10A0 - C — more than 15 est BOARDING HOUSE HOTEL 9 1 Pun — d a. a. U ZONING DISTRICT 1 W - Watershed District I WH - Wildlife Habitat District tortzs!U asn Timm — nN . C — Conservation District . I LI — Light Industrial District . I RB — Retail Business . RD - Rural Development District 1 . RNC - Rural Neighborhood Commercial District , RR2 - Rural Residential Two District . I RR - Rural Residential District . I RR1 - Rural Residential One District . R1 - Single - Family Residential District . R2 - Two - Family Residential District R3 - Multiple Family Residential District I B - Business District I I — Industrial District 1 PL - Public Lands District UNC - Urban Neighborhood Commercial District SRO - Single Resident Occupancy Standards TITLE: Ordinance No. FY2009 -12 Amending Kodiak Island Borough Code Of Ordinances Title 15 Buildings And Construction To Standardize The Kodiak Island Borough And The City Of Kodiak Building Codes. SUMMARY: The Kodiak Island Borough and the City of Kodiak operate a combined building inspection program and have agreed to coordinate the building codes adopted by each of the local governments in order to ensure continuity throughout the jurisdiction of the joint program. A joint Borough /City committee has met to review the building codes adopted by the Borough and City, and that committee has recommended the Borough Assembly and City Council adopt updated versions of the building and fire codes. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT NOVEMBER 6, 2008 REGULAR MEETING ITEM NO: 13.D.3 RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -12 in first reading to advance to public hearing at the next regular meeting of the Assembly. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2009 -12 Introduced by: Manager Gifford Requested by: Building Inspector Drafted by: Building Inspector Introduced: 11/06/2008 Public Hearing: Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 15 BUILDINGS AND CONSTRUCTION TO STANDARDIZE THE KODIAK ISLAND BOROUGH AND THE CITY OF KODIAK BUILDING CODES WHEREAS, the Kodiak Island Borough and the City of Kodiak operate a combined building inspection program and have agreed to coordinate the building codes adopted by each of the local governments in order to ensure continuity throughout the jurisdiction of the joint program; and WHEREAS, a joint Borough /City committee has met to review the building codes adopted by the Borough and City, and that committee has recommended the Borough Assembly and City Council adopt updated versions of the building and fire codes; NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Title 15 Buildings and Construction Chapter 15.10 Building Codes Section 15.10.010 Adoption of building and other codes is hereby amended as follows: The following codes are hereby adopted by reference as the building codes for the borough: A. The 20036 International Building Code, as adopted with revisions in 13 AAC 50.020 in effect as of September 17, 2007, and including 2003 stato Appendix H, Signs, for all buildings except one and two family dwellings and residential accessory buildings, provided that the following revisions to the 2006 International Building Code in 13 AAC 50.020 are not adopted: (i) the deletion in 13 AAC 050.20 (1) of Sections 103, 104.4, 104.6, 104.8, 105.4, 106.5, 108.2, 108.4, 108.5, and 109 to 115; and (ii) the revisions in 13 AAC 050.020 (7), (8), (9), (10), (11), (16), (17), (66), (73), (74), and (78).; B. 1997 Uniform Building Code for one and two family dwellings and residential accessory buildings, including excerpts from Appendix Chapter 23, which are included in the Uniform Building Code Volume 1; options to Appendix Chapter 23, for exposure C and D High Wind Wall Framing and Wood Piles, by Barry Still; C. 2006 International Building Code Appendix J, Grading. Kodiak Island Borough Ordinance No. FY2009 -12 Page 1 of 3 D. The 20036 Uniform Plumbing Code, as adopted with revisions in 8 AAC 63.010 in effect as of September 27, 2008, including Appendix Chapter B, Explanatory Notes on Combination Waste and Vent Systems; and Appendix Chapter H, Recommended Procedures for Sizing Commercial Kitchen Grease Interceptors. E. The 20036 International Mechanical Code, as adopted with revisions in 13AAC 50.023 in effect as of September 17, 2007 except for the deletions in 13 AAC 50.023(1) of Sections 103, 104, and 106 to 109 of the 2006 International Mechanical Code. ' ; F. The 20058 National Electrical Code. 1. New Section 300 -4-g 300.4(G) is amended to read as follows: Thermoplastic type insulated conductors may not be installed when the working environment is below 20° Fahrenheit. 2. Section 41.0 -3 410.8 is amended to read as follows: 41-0 -8 410.8 Luminaries (Fixtures) and Transformers in Closets. G. The 1997 Uniform Code for the Abatement of Dangerous Buildings; and H. The 1997 Uniform Housing Code. I. 2006 International Fuel Gas Code, Chapters 6 and 7. They are adopted to regulate erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures in the borough; to provide for the issuance of permits and collection of fees therefor; and to provide penalties for violations of these regulations. The building codes so adopted shall be interpreted, administered, and enforced with the local amendments hereinafter specifically set forth, by the borough building official, who is authorized to take such action as may be reasonably necessary to enforce the purposes of this section. The borough manager may appoint or authorize an assistant or agent to the building official if necessary to carry out the provisions of this section. Section 3: Title 15 Buildings and Construction Chapter 15.10 Building Codes Section 15.10.030 Copies on file for sale is hereby amended as follows: After adoption, the building official shall provide for sale, to those interested, copies of all codes adopted pursuant to KIBC 15.10.010. At least two copies of each code of technical regulations adopted by reference in section 15.10.010 shall be kept at the Building Department office. Section 4: Title 15 Buildings and Construction Chapter 15.10 Building Codes Section 15.10.120 Temporary structures is hereby amended as follows: A. Temporary structures, necessary 49 for a construction project, may be erected, located, or maintained ial for a period of not more than 180 days. The location of the temporary structure must be approved by the Building Department. Kodiak Island Borough Ordinance No. FY2009 -12 Page 2of3 A B. No certificate of occupancy or certification of project completion shall be issued until the temporary structure is removed. B: C. If the building official feels that it is necessary to do a re- inspection after a job has been completed, the fee for such re- inspection shall be established by resolution of the assembly. Section 5: Title 15 Buildings and Construction Chapter 15.10 Building Codes Section 15.30.010 Adoption is hereby amended as follows: The 20036 International Fire Code, including appendices A through G, as adopted with revisions in 13 AAC 50.025 in effect as of September 17, 2007, except for the deletions in 13 AAC 50.025 (1) Sections 104.2, 104.3, 104.5, 104.11, 104.11.1, 104.11.2, 106, 108, and 109 of the 2006 International Fire Code is hereby adopted by reference as the fire code for the borough. Section 6: This ordinance shall become effective on Saturday, January 17, 2008. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough Ordinance No. FY2009 -12 Page 3 of 3 KODIAK ISLAND BOROUGH AGENDA STATEMENT NOVEMBER .6,`2008'REGUL° -AR' MEETING ITEM NO: 13.E.1 TITLE: Assembly Review of Case 03 -016 Denial of Rezone of Larsen Bay Townsite Subdivision, Tract A, Block 19, Lot 4 From R1- Single Family Residential To B- Business and Directing Staff to Prepare an Ordinance for Introduction. SUMMARY: The Planning and Zoning Commission, at its special meeting in Larsen Bay on September 20, 2008 adopted findings of fact in support of its decision on May 9, 2008 to deny a rezone of Larsen Bay Tract A, Block 19, Lot 4 from the R1- Single Family Residential district to the B — Business district. In their findings of fact, the commission cited the following as reasons for their denial recommendation: • The nature and scale of potential Business zoned uses on this parcel is not consistent with the current residential character of the area. • A rezone to B- Business will create additional commercial development that will require additional resources from the City's limited infrastructure that has been found by the state of Alaska to be substandard. . • The scale and the present use of the property are more suited to a "Bed and Breakfast" establishment that is allowed in this district if the landowner connects the two structures. • Denial of this request is based upon conditions currently existing in the community which may be expected to change some time in the future when the community is better able to support on a sustainable basis further commercial development. At that time, the parcel should be reexamined for its B- Business potential • Also to be considered is the resolution adopted by the Council of the City of Larsen Bay requesting a "halt" to future building in Larsen Bay because the city's infrastructure presently is "over taxed" ASSEMBLY ACTION: According to KIBC 17.72.Submission to the Assembly, it is stated; B. If the commission recommends denial of any proposed amendment, its actions shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the Assembly In response, the Assembly needs to review Case 03 -016 and determine: • If the case should move forward by directing staff to prepare an ordinance for introduction that rezones this parcel from R1- Single Family Residential to B- Business; or • Uphold the Commission's decision and fail the motion directing staff not to prepare an ordinance for introduction that rezones this parcel from R1- Single Family Residential to B- Business • Included with this packet is KIBC Chapter 17.72 and a flowchart identifying a decision tree for the elevation. Continued on the next page APPROVAL FOR AGENDA: ‘je KODIAK ISLAND BOROUGH AGENDA STATEMENT NOVEMBER 6, 2008 REGULAR MEETING RECOMMENDED MOTION: Move to direct staff to prepare an ordinance for introduction to rezone Larsen Bay Tract A, Block 19, Lot 4 from R1- Single Family Residential district to B- Business District. Staff recommendation based on the decision of the Planning and Zoning Commission is to fail this motion. Clerk's note: Requestor was informed that he had 10 working days to file a written statement with the clerk requesting that the commission's action be taken up by the Assembly. The code states a requestor has 10 days (10 calendar days as opposed to working days.) Following the code, the request is late by one day. October 1, 2008 Nova Javier, CMC Kodiak Island. Borough 710 Mill Bay Rd. Kodiak, Ak. 99615 Re: Case 03 -016 Larsen Bay Townsite Subdivision Tract A, Block 19, Lot 4 I am responding to the denial by the commission to rezone my property from RI to B- Business. I am requesting that the commission's action be taken up by the assembly. I have owned and operated my lodge since June 2000. When I constructed the lodge there were no zoning issues, etc. brought up by the city and we complied with all that the city required. We would never have gone forward if there had been any zoning issues. I have a considerable investment in materials, equipment, shipping and construction. It is Located near the boat harbor and away from the main part of town. Our nearest neighbor's home is approximately 60 feet from me. We are small, but this is my livelihood and is necessary to support myself and my family. In addition we bring additional revenue to the city. The commission stated that future development on our property would require additional resources from the city's limited infrastructure system. The same would be true for any of the lodges that are in Larsen Bay and were constructed after ours, but they were given B- Business zoning. Therefore, we believe we should be grandfathered in and a moratorium on future development would be a more equitable decision. I will be making the changes recommended by the commission to connect the bunkhouse structure to the A frame in June 2009. Sincerely, Jon Peterson, Owner Foxtail Lodge r OCT - 1 2008 � � Y f 2 0 1- w 0 O a. >-w o 0Iq WO /� Q 2 00 k2 a« 0 2 & • CO 0) ' c ■ a 2 K 0 n. - . = k o o 2 >.0% . - - kRcEO Eƒk0N- o = 2 0 U » 1 & 1 1 Xo0 7 a � 2 0 3 0 03 CL / o Sao > r£ ■ 3 ■ » 0 N o = E 2 - k $2 2 C EN E >. • k 0 - t•-: E u E — � E 'J .0 £ 0 / / § � Ek k 2 g '0 L .. ' E m • ■c/ _o ■ 0 E E § § O � /k m q k2 / o (0 £ k 0 '• 0 0 m > ��— w.r)c ¥ 2 0 § _0 770 2 © ° =n$ @5 2 / 0)2@ / % / Sections: Chapter 17.72 AMENDMENTS AND CHANGES 17.72.010 Authority. 17.72.020 Report from planning and zoning commission. 17.72.030 Manner of initiation. 17.72.040 Hearing on boundary change. 17.72.050 Boundary change may include additional property. 17.72.055 Submission to assembly. 17.72.060 Hearing determination. 17.72.070 Hearing—Required--Notice. 17.72.080 Repealed 17.72.010 -- 17.72.040 17.72.010 Authority. Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or other- wise change these regulations and the boundaries of the districts. (Ord. 83 -58 -0 ' 1(part), 1983). 17.72.020 Report from planning and zoning commission. The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner in which such change is initiated and such report shall find: A. Findings as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and C. Recommendations as to the approval or disapproval of the change or amendment. (Ord. 83 -58 -0 ' 1(part), 1983). 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The assembly upon its own motion; B. The commission upon its own motion; and C. By petition of one (1) or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development department, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. (Ord. 83 -58 -0 ' 1(part), 1983). 17.72.040 Hearing on boundary change. The commission shall hold a public hearing before considering any change in the boundaries of a district. Notice thereof shall be given in the manner 17 -112 (KIB 12/06) Supp. #47 17.72.040 -- 17.72.060 prescribed in this title for variances except that such procedure shall specifically refer to an application for change in the boundary of a district. Where property within an area proposed to be changed is not under the same ownership, all owners of property within the area shall be notified of such hearing. Within thirty (30) days after the date of the public hearing, the commission shall report its findings to the assembly. If such change was initiated by petition, the signers shall be notified by the community development department of the commission's recommendation, such notice sent by registered mail not more than five (5) days after the commission's public hearing. (Ord. 83 -58 -0 ' l (part), 1983). 17.72.050 Boundary change may include additional property. When the commission deems it necessary or expedient, it may consider other property for change or amendment in addition to the property described in an application for change in the boundary of a district, and may include such additional property in the notices of public hearing and consider amendments relating to such property at the public hearing. (Ord. 83 -58 -0 ' 1(part), 1983). 17.72.055 Submission to assembly. A. Within thirty (30) days after the commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the assembly, the assembly shall act in accordance with this chapter, and notice shall be issued as provided in section 17.72.070 of this chapter by the clerk. B. If the commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten (10) days, files a written statement with the clerk requesting that the commission's action be taken up by the assembly. (Ord. 93 -20 ' 3, 1993; Ord. 83 -58 -0 ' 1(part), 1983). 17.72.060 Hearing determination. The assembly shall consider an application or commission recommendation for change in the boundary of a district or any other commission recommendation proposing a change in this title, and the report of the commission at its next regular meeting after receipt of such report. If, from the facts presented and by the findings of the report of the commission, it is determined that the public necessity, convenience, general welfare and good zoning practice requires the change or amendment or any portion thereof, the assembly by ordinance shall effect such amendment, supplement, change or reclassification. (Ord. 83 -58 -0 ' 1(part), 1983). 17 -113 (KIB 12/06) Supp. #47 17.72.070 Hearing -- Required -- Notice. No ordinance of the assembly affecting an amendment, supplement, change or classification, repeal of regulations or restrictions, the boundaries of districts or classifications of property shall become effective until after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard. At least seven (7) days notice of the time and place of such hearing shall be published in a paper of general circulation in the borough. When the proposed amendment covers a change in the boundaries in a district, notice to owners of property shall be given in the manner described in this title for variances. (Ord. 83 -58 -0 ' 1(part), 1983). 17.72.080 Boundary change (Repealed by Ord. 93 -20 ' 2, 1993; Ord. 83 -58 -0 ' 1(part), 1983). 17 -114 17.72.070 -- 17.72.080 (KIB 12/06) Supp. #47 ose regular meeting: Op public hearing: Close blic hearing: Open re ar meeting: Commission iscussion FINDINGS 0 ACT Section 17.72.020 s es that the Commission shall incorporate the following c ' ' ria into their report to the Assembl 17.72.020 A. Findings as . the Need and Justification for a Change or ' ndment. The purpose of the rezone i ntended to create commercial zonin: s istricts to accommodate existing lodge uses and structur located along the eastern edge o e Larsen Bay Subdivision. The petitioners have indicated tha the rezone is needed as the •nly feasible way for them to move into zoning compliance status. is request has been d in abeyance for five or more years awaiting an update to the KIB R :'onal Comprehens e Plan and it is now time to make these long awaited decisions in order to re ore and maint n the balance between residential and commercial uses in the Larsen Bay communi Because the community leadership capacity has . ' ished in recent years due to the turnover of leadership and administrative staff, the recomm tions in this case are limited to those lots where existing lodge use and structures are es . . lish - * in order to maintain the status quo level of both commercial benefits to the commu I y and rel - d community impacts associated with lodge uses. The current RUBA report an associated utili rate study, in conjunction with the most recent resolution adopted by the ' arsen Bay City Co cil indicate a need for change to occur in the community leadership . d administration in or -r to re- establish continuity of government operations and re ore community sustainabilit ' before more commercial development potential is consid= ed for the Larsen Bay Community. 17.72.020 B. Findings as to e Effect a Change or Amendment would h.. e on the Objectives of the Comprehensive Plan. The Kodiak Island Bo ugh has not established a Mixed -Use zone in order to ti 11 the literal intent of the plan de • gnation. As a result, the Mixed -Use designation will need to e fulfilled on a case -by -case, lo . y -lot, zone -by -zone basis, in conformity with a generalized vie • f the comprehensive .lan designations as previously discussed in the staff report. While the -commended zone changes are not entirely consistent with the explicit pla map designati' s in the 2008 KIB Regional Comprehensive Plan Update, the recommendation do take i • account existing development patterns, community comments, plan recommendatio (ge rally) and the sustainability of the community infrastructure and social fabric of the c ' munity. e question was called and it FAILED 4 -0. B. Case 03 -016. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 19, Lot 4 from R1- Single Family Residential to B- Business. The applicant is Jon Peterson. The location is 1207 First Street, Larsen Bay, and the zoning is R1- Single Family Residential. Dvorak gave a staff report. Kodiak Island Borough September 20, 2008 P &Z Guidelines Page 5 of 10 J COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 19, Lots 4; from R1- Single- family Residential to B- Business. The motion was SECONDED by COMMISSIONER JUENGER. Close regular meeting: Open public hearing: Bob Maschmedt spoke in support of this request. Teresa Carlson spoke in opposition of this request. Patty Livingston spoke in opposition of this request on the behalf of the Alpiak's, which lives next door. Close public hearing: Open regular meeting: Commission discussion. The question was called and it FAILED 4 -0. COMMISSIONER JANZ MOVED . to adopt the "Findings of Fact" in the staff report dated September 10, 2008 in support of this recommendation. The motion was SECONDED by COMMISSIONER JUENGER. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The purpose of the rezone request is intended to create commercial zoning districts to accommodate existing lodge uses and structures located near the western of the Larsen Bay Subdivision, near the small boat harbor. The petitioners have indicated that the rezone is needed as the only feasible way for them to move into zoning compliance status. Staff analysis indicates that the nature and scale of the current use appears to be more residential than commercial at this point in time and that a rezone to B- Business will create additional commercial development potential that may require additional resources from the city's limited infrastructure system. Staff analysis indicates that the scale of use on this property may be able to be made conforming in the R1 zoning district by converting to a Bed & Breakfast use and by further joining together the existing A -frame house and adjoining bunkhouse structures. This request has been held in abeyance for five or more years awaiting an update to the KIB Regional Comprehensive Plan and it is now time to make these long awaited decisions in order to restore and maintain the balance between residential and commercial uses in the Larsen Bay community. Because the community leadership capacity has diminished in recent years due to the turnover of leadership and administrative staff, the recommendations in this case are limited to those lots where existing lodge use and structures are established in order to maintain the status quo level of both commercial benefits to the community and related community impacts associated with lodge uses. The current RUBA Assessment Report and associated utility rate study, in conjunction with the most recent resolution adopted by the Larsen Bay City Council indicate a need for change to occur in the community leadership and administration in order to re- establish continuity of government operations and restore community sustainability before more commercial development potential is considered for the Larsen Bay Community. Kodiak Island Borough September 20, 2008 P &Z Guidelines Page 6 of 10 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The recommendation to deny this request is one based upon conditions in the community that are expected to change in community and while the recommendation at present is for denial, it must be stated that the future land use designation for this area is to become Commercial at some point in the future when the community is better able to support on a sustainable basis further commercial development. A recommendation for denial of the requested rezone at this time does not have an effect positively or negatively on the comprehensive plan goals and objectives, except to say that now is not the time for such a change to occur. The question was called and it CARRIED 4 -0. VICE CHAIR WATKINS called a 5 minute recess. Th meeting reconvened at 1:55. C. C. e 03 -018. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Ini ation), of Larse : ay Subdivision, Tract A; Block 16, Lot 10, from R1 Single Family Resid- V ial to B- Business. '•e applicant is James Hamilton. The location is 1210 First Street, Lary n Bay, and the zoning is ' - Single Family Residential. Dvorak gave a sta ' report. COMMISSIONER J Z MOVED to postpone case 03 -018 until ' e regular meeting on October 15, 2008. The "tion was SECONDED by COMMISSIONE JUENGER. VICE CHAIR WATKINS ated that it takes 4 voting memb: s to decide any issues and WATKINS won't vote becaus- e is too close to the Hamilton 'amily and he has been involved with this property in the past. Patty Livingston stated Mr. Hamilton coke in support of is request. Commission discussion. The question was called and it FAILED 4 -0. COMMISSIONER JANZ MOVED to reco d that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subs ' ision, act A; Block 16, Lots 10; from R1- Single Family Residential to B- Business. P e motion SECONDED by COMMISSIONER KERSCH. Close regular meeting: Open public hearing: Teresa Carson spoke in op •. osition to this request. Close public hearing: Open regular meeti COMMISSION' ' JANZ MOVED to wait until the regular meeting of Octob• 15, 2008 to vote upon Case 03 118 so that we will have a quorum of voting commissioners. The tion was SECOND The q stion was called and it CARRIED 4 -0. D. ase 08 -021. Request a rezone, in accordance with KIBC 17.72.030.0 (Mann of itiation), for Larsen Bay Townsite, Tract A, Block 16, Lot 12 from R1- Single Fa Kodiak Island Borough September 20, 2008 P &Z Guidelines Page 7 of 10 Current Location P & Z Case # 03 -016 Peterson, Jon Request: A rezone, in accordance with KIBC 17.72.030. C (Manner of Initiation). for Larsen Bay Townsite, Tract A, Block 19, Lot 4, from R -1 Single Family Residential to B - Business. t appanage Feet 0 1,000 2,000 I I I Legend Subject Parcel, Tr A Bk 19 Lt 4 Parcels Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up -to -date. Kodiak Island Borough Community Development Department. Current Zoning Larsen Bay Rezone Requests Agent: Multilple Request: Rezone from R -1 SFR to B- Business Eighteen (18) total parcels Subject Parcels, 18 Total Business Conservation Industrial Light Industrial Natural Use Public Use Single Family Residential Legend ird Two Family Residential Multi Family Residential Retail Business Rural Residential Rural Residential 1 Rural Residential 2 Split -Lot Zone Map prepared for the purpose of showing the Zoning of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up -to -date. Kodiak Island Borough Community Development Department. 4 Photo(s) P &Z Case #03 - Peterson, Jon Request: A rezone, in accordance with KIBC 17.72.030 C (Manner of Initiation) for Larsen Bay Townsite Tract A Block 19 Lot 4 from R -1 Single Family Residential to B - Business. Legend Tract A Block 19 Lot 4 Parcels Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to -date. Kodiak Island Borough Community Development Department. DATE: TO: FROM: SUBJECT: CASE: 03 -016 APPLICANT: Jon Peterson REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A; Block 19, Lots 4, from R1- Single- family Residential 14 B- Business LOCATION: ZONING: Seventeen (17) public hearing notices were mailed on September 4, 2008. Date of site visit: May 9, 2008 1. Zoning History: All land in the City of Larsen Bay was zoned R1- Single - family Residential by MB Ordinance No. 77 -19 -0. Since that time, four additional rezones were approved for Larsen Bay in KIB Ordinances No. 88 -19, No. 89 -16, No. 91 -28 and No. 93 -52. The result is that nine (9) city owned parcels are now zoned PL- Public Use Land, one (1) privately owned parcel is zoned B- Business and the Larsen Bay Airport is zoned LI -Light Industrial. 2. Lot Size: South: Tract A Use: Zoning: Case 03- 016 /Staff Report MEMORANDUM September 10, 2008 Planning and Zoning Commission Community Development Department Information for the Sept. 20, 2008 Regular Meeting 1207 First Street R1- Single- family Residential Tract A, Block 19, Lot 4 3. Existing Land Use: Lot 1, Block 1 4. Surrounding Land Use and Zoning: North: Tract A, Blk 16, Lot 10 Use: Zoning: Single - family Residential R1- Single- family Residential , Blk 19, Lot 6 Single - family Residential R1- Single - family Residential Public Hearing Item VI -B 39,000 Sq. Ft. Lodge/Residential Page 1 of 25 September 20, 2008 East: Tract A, Blk 19, Lot 3 Use: Single - family Residential Zoning: R1- Single- family Residential West: Tract A, Blk 19, Lot 5 Use: Single - family Residential Zoning: R1- Single - family Residential 5. Comprehensive Plan: The 2008 Kodiak Island Borough Comprehensive Plan Update designates this lot for Commercial use with Residential use designated on the adjoining lots in the same block. 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.02.020 Reference and Use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.02.030 Comprehensive Plan. For the purpose of this title, the Kodiak Island Borough Comprehensive Plan consists of the following documents: A. The Kodiak Island Borough Comprehensive Plan Update, 2007, prepared by Cogan - Owens- Cogan. (Adopted by Ordinance No. 2007 -10, effective December 6, 2007); 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The borough assembly upon its own motion; B. The planning commission upon its own motion; *C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development office, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. 17.72.055 Submission to assembly. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be Case 03- 016 /Staff Report Tract A, Blk 19, Lot 7 Use: Single - family Residential Zoning: R 1- Single - family Residential Public Hearing Item VI -B Page 2 of 25 September 20, 2008 submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. COASTAL MANAGEMENT APPLICABLE POLICIES Commercial Development 1. Natural Features Consistent: 2. Natural Setting, Views and Access Consistent: 3. Dredge and Excavation Material Case 03- 016 /Staff Report Public Hearing Item VI -B Dredge and fill, excavation, shoreline alteration and disturbance of anadromous streams, tideflats and wetlands shall be minimized when constructing and operating port, harbor, dock, business and energy facilities - if permitted under applicable regulations. N /A. This action does not propose to construct a port, harbor, or dock. There will be no dredge or fill resulting in shoreline alteration or disturbance of anadromous streams. Development shall be conducted in a manner that mitigates adverse impacts upon the Kodiak Archipelago; developers shall provide opportunities for public access to the shoreline and scenic views, to the extent feasible and prudent. N /A. This action will result in not result in a reduction of public access to the shoreline nor adversely impact scenic views. Dredging and filling shall be consistent with ACMP Standards 6 AAC 80.040 (Coastal Development) and 6 AAC 80.110 (Mineral and Mining Processing). Dredge spoil may be utilized in shoreside landfills if permitted under applicable regulations for the purpose of creating usable waterfront land. Consistent: N /A. No dredging or filling is proposed. Page 3 of 25 September 20, 2008 4. Facility Design Developments in or over the water, such as piers, docks and protective structures shall be located, designed and maintained in a manner that prevents adverse impacts upon water quality, fish, wildlife and vegetative resources and minimizes interruption of water circulation patterns, coastal processes and navigation. Consistent: 5. Buffer Zones Case 03- 016 /Staff Report Public Hearing Item VI -B N /A. No development in or over the water is proposed. There should be no adverse impacts on water quality, fish, wildlife or vegetative resources. Buffer zones shall be established to the extent feasible and prudent, between business areas and major public transportation routes and between business development and adjacent, non - business properties in order to minimize conflicts between land uses. Consistent: 6. Accessory Development Yes. A number of lots in the rezone area are larger than typical residential lots in the Larsen Bay Townsite Subdivision and can therefore provide a greater degree of building setback or buffer area. Commercial zoned lots adjoining residential may be required to install a screening fence, subject to Commission review and approval. Accessory development that does not require a shoreline location in order to carry out its support functions shall be sited away from the shoreline whenever there is a feasible and prudent inland alternative. This category includes parking, warehousing, open -air storage, waste storage, treatment or storm runoff control facilities or utilities. Consistent: N /A. No accessory development is proposed along the shoreline. 7. Wetlands Filling and drainage of water bodies, floodways, backshores or natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: N /A. No filling or drainage of water bodies, backshores or natural wetlands is proposed as part of this action. Page 4 of 25 September 20, 2008 Residential Development 1. Location In areas with poorly draining soils, development where feasible shall be connected to a sewer line. Where this is not feasible, on -site facilities shall be designed so as not to cause conditions that will pollute rivers, lakes, and other water bodies, including the ground water supply. Consistent: 2. Open Space 3. Access Case 03- 016 /Staff Report Public Hearing Item VI -B Yes. Onsite well and septic systems are required to meet the standards of ADEC where municipal water and sewer are not available. Green areas and open space shall be retained to the maximum extent feasible and prudent when land is subdivided. Consistent: N /A. This request does not involve the subdivision of land. New subdivisions or other residential developments on the shoreline shall provide useable public access to and along the shoreline, extending the length of the development, to the extent feasible and prudent. Consistent: N /A. This request does not involve the subdivision of land. 4. Hazardous Lands Development shall not occur in hazardous areas such as avalanche runout zones, active floodplains, and high water channels to the extent feasible and prudent. Siting, design, and construction measures to minimize exposure to coastal erosion, mass wasting and historic tsunami run -up shall be required to the extent feasible and prudent. Consistent: Yes and No. There are several lots which are located within 30 feet of mean high water. According to the 1983 KIB Coastal Management Plan, lots located within 30 feet of MHW are vulnerable to Tsunami and severe storm surge. Lots within this elevation should probably not be developed with commercial or residential uses unless the structures can reasonably be "flood proofed" through the design of the buildings and the application of appropriate technology as part of the construction. Page 5 of 25 September 20, 2008 Population 5. Wetlands Local Government Zoning Regulations Case 03- 016 /Staff Report Public Hearing Item VI -B Filling and draining of water bodies, floodways, backshores, and natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: N /A. This request does not involve filling or draining of waterbodies. COMPREHENSIVE PLAN REVIEW According to the January 2008 MB Comprehensive Plan Update, the year - around population of Larsen Bay has been steadily declining for the past seven years or more. This decline in population was nearly 16% in the years from 2000 to 2005 based on state estimates. A visual representation of the negative population trend in Larsen Bay is shown on Figure 1. The City of Larsen Bay is a Second Class City incorporated under the applicable provisions of Alaska Statutes Title 29. As a general law municipality, it exercises much authority over the day -to -day activities in Larsen Bay. The city owns and operates the local landfill, water and sewer utilities, electrical utility, as well as providing for road maintenance and many other general government functions. The City of Larsen Bay is also a taxing authority which has imposed a $5.00 per lodge guest per day "bed tax" or transient accommodation tax on guests lodged in the community. A request for bed tax information from the City of Larsen Bay was not available in time to be included in this staff analysis. Should such information be received prior to public hearing it will be presented as an attachment to this report. The native community of Larsen Bay is served by the Larsen Bay Tribal Council. Native tribal or traditional councils act as a governing body to represent Alaskan Native residents in the Borough. These councils govern local affairs and provide a variety of social and other public services. The Kodiak Island Borough is a Second Class Borough which exercises zoning and platting authority within the Borough as well as within all cities located within the Borough. In accordance with Alaska Statutes Title 29, only a first class or home rule municipality may request a delegation of zoning and platting authority. The City of Kodiak is the only eligible municipality at present and it has not requested such a delegation. Page 6 of 25 September 20, 2008 Case 03- 016 /Staff Report Public Hearing Item VI -B In order for the Kodiak Island Borough to wield land use authority is must adopt and maintain a borough -wide comprehensive plan. The Borough recently adopted a borough -wide comprehensive plan update in December 2007. In addition, the 1984 Larsen Bay Comprehensive Plan is still a part of the Borough's adopted plan set. According to the newly updated plan, the new plan takes precedence over policies and recommendations that may be in conflict between the two plans. In other areas covered by the 1984 plan that are not covered in the borough -wide plan the 1984 still has relevance as a policy tool. Future land use maps prepared during the local comprehensive planning recently concluded were largely based upon previous land use plan maps associated with earlier (adopted) plans. This was done to provide a starting point at the beginning of the planning process. In each community residents were asked to identify general or specific changes to proposed future land uses. While the maps may show certain land use designations associated with only a single parcel or small group of parcel, the reviewer must keep in mind that the plan is a generalized policy document and that the maps alone do not create an entitlement to the proposed land use designation. The guidance in the plan is based largely on public input and not on the kind of investigative information that is usually provided in a zoning change review. Therefore, while the plan may have adopted a property owner's suggestion or some other publicly gathered input, the final decision to change a zoning designation must be generally consistent with the plan, but it must also consider other cogent factors relevant to the physical context of the site and the impact the change in use will have on the surrounding community Another consideration that must be taken into account is the timing of a zoning change. Comprehensive plans typically project future land use proposals for a 10, 15 or 20 year period. The Commission and Assembly are not obliged to implement such recommendations in the plan if the overall condition and context of the community are not ready for such changes. As indicated in KIBC 17.01.030 (Intent), the purpose of the KIB system of land use regulation is to: ❖ Provide for orderly development; + Lessen street congestion; ❖ Promote fire safety and public order; ❖ Protect the public health safety and general welfare; ❖ Prevent overcrowding; ❖ Stimulate systematic development of transportation, water, sewer, school, park, and other public facilities; and ❖ Encourage efficiency in the use of energy and the substitution of energy from renewable sources for energy from fossil fuels. In general, residents of smaller communities recommended allowing for a mix of residential and commercial or home employment uses in some portions of their communities, in combination with assurances that non - residential uses will not adversely impact nearby residential and institutional uses. This can be a very difficult proposition to address when remote communities are forced to develop in a very compact and "organic" nature due to the limits of extending infrastructure beyond the high to medium density core community. While many Comprehensive Plan meeting participants were satisfied with existing zoning regulations, some suggested that the Borough revisit the types of uses allowed in certain zones. Page 7 of 25 September 20, 2008 The most common complaint is that lodges and Bed and Breakfasts should be allowed more widely, including within the Rural Commercial zone. However, others expressed concerns about the appropriateness of allowing lodges to locate within existing neighborhoods, particularly if they have the potential to adversely affect surrounding residential uses due to noise or other conditions. Some comprehensive plan participants were also interested in adopting standards for building aesthetics and signage, especially for large commercial buildings. Most current zoning and land use issues in the villages are related to providing land use flexibility, reducing conflicts and eliminating non - conforming uses. The necessity of coordinating existing local Comprehensive Plans with the updated Comprehensive Plan before adoption was also cited as an issue. Goals, Policies & Implementation Actions (General) Goal: Regulate and manage land uses to balance the rights of private property owners with community values and objectives. Policies: Public Hearing Item VI -B ❖ Maximize compatibility of adjacent land uses and minimize conflicts . through zoning, buffering, design standards and other means. ❖ Zone land to meet future housing, commercial, industrial and other land needs. Implementation Actions: ❖ Identify an adequate supply of land in each community to meet future residential and other land development needs based on future population and employment growth projections, assumptions about the type and land requirements for projected uses and conditions or constraints that may affect development. Consider use of public or private Native -owned lands to help meet these needs. ❖ Evaluate the need and recommend specific sites for commercial and industrial uses within and outside cities and unincorporated communities in the Borough to meet future economic needs. ❖ Update the Borough's zoning code to allow a more flexible set of uses in smaller communities, while continuing to minimize conflicts among adjacent , potentially incompatible uses. Use size limitations, restrictions on noise or odor, buffering and other means to minimize conflicts. Goal: Develop a comprehensive management framework to encourage economic development while protecting coastal resources. Policies: Case 03- 016 /Staff Report ❖ Encourage future industrial and commercial development to be sited and constructed to promote the most efficient utilization of waterfront areas and coastal resources. ❖ Ensure that new development complies with municipal, state and federal land and water regulations. Page 8 of 25 September 20, 2008 Policies: Public Hearing Item VI -B ❖ Encourage innovative development designed to maximize the use of available land. Goal: Ensure that land use and development decisions consider subsistence resources and activities. ❖ Partner with local communities, land owners, state and federal agencies, and Native groups to maintain and improve fish and wildlife habitats important for subsistence resources and activities. ❖ Support the use of, and access to, subsistence resources by subsistence users. Implementation Actions: ❖ Require development to avoid or minimize potential adverse impacts to subsistence resources and activities. Goals, Policies & Implementation Actions (Economy) Tourism: There is no formal measure of jobs provided in the tourism industry. These jobs are often included in other sectors of the economy, such as transportation. However, in 2005, there were 469 employees working in the leisure and hospitality sector (borough- wide), many of whom serve Borough visitors. The Borough tourism industry's most important asset is the large amount of easily accessible public land and water available for recreational use. A wide variety of year - around outdoor activities are available to tourists on the Kodiak Archipelago, including hiking, fishing, hunting, wildlife viewing, adventure activities, and camping. The Kodiak area offers many charter boats, fish camps, float trip guides and outfitters and wilderness lodges. Tourism services and facilities offer a broad range of accommodations (hotels, bed and breakfast and lodges). Outside of the City of Kodiak and its associated road system are six Native communities. Each community has unique cultural traditions, offering varying levels of tourism facilities and services. Communities with the most tourist facilities (lodging, charter fishing, guides and outfitters) are Old Harbor, Larsen Bay and Ouzinkie. The vast majority of Kodiak Island visitors take part in recreational and tour activities outside the populated areas. The greatest tourism development challenges for the Borough are in the areas of infrastructure and attraction development in smaller communities, accessibility problems due to weather, and marketing. Kodiak is more difficult to reach than other visitor destinations within the state because it is a non -road connected island. Many tourists perceive Kodiak as difficult to access because of poor weather conditions. In fact, 95 percent of scheduled commercial flight operations are completed annually. However, the lack of runway lights, navigation aids and poorly configured runways does create difficulties accessing the outlying communities in bad weather. Case 03- 016 /Staff Report Page 9 of 25 September 20, 2008 Public Hearing Item VI -B Many challenges still exist in many of the smaller communities within the Borough. While these communities have a great many assets to draw upon in attracting visitors, most have yet to develop their potential or to build the basic infrastructure necessary to accommodate visitor needs. Issues: Support for Tourism. Comprehensive Plan meeting participants suggested infrastructure improvements and other actions to support the tourism industry. Residents of many of the smaller communities also have identified dock improvements that would allow passenger ferry service, as important for supporting tourism and other local needs. Nearly 80% of participants in a Borough -wide telephone survey identified them as important or very important. Participants in some meetings expressed a concern that allowing for too much tourism could adversely affect rural communities and/or create conflicts between visitors and residents. However just over 40% of participants in the Borough -wide phone survey believe the benefits outweigh the costs and another 30% think the costs and benefits are about the same. A balanced approach to tourism marketing that will help balance the economic decline in commercial fishing and other industries, while minimizing adverse impacts on local communities is recommended by some. Sport fishing, Guiding and Subsistence Fishing and Hunting: Community members noted the importance of ensuring that elected representatives understand the importance of sport and subsistence fishing, in addition to commercial fishing. Some studies indicate that the sport fish catch is more valuable to the local economy per pound than commercial fishing. There is a need for local registration areas to protect local hunters and guiding outfits. Economic Diversification. Comprehensive Plan meeting participants noted that, while it is important to support fishing and tourism, action should be taken to diversify the Borough's economy and support other economic sectors that are less cyclical and/or seasonal. Over 70% of telephone survey participants say this is important or very important. Some potential examples include: improving economic opportunities in outlying villages, particularly. for young people; potential changes in tourism, including opportunities for increases in small cruise ship visits; recreational tourism, including large yacht traffic; and the potential for increase meeting and conference activity. Goal: Enhance the Visitor Industry's role as a significant component of the Kodiak Region's Economy. Policies: ❖ Help monitor tourism development efforts to minimize adverse impacts on local communities. Goal: Diversify the overall economy of Kodiak Region. Policies: Case 03- 016 /Staff Report ❖ Assist in the economic development of the outlying communities of Kodiak Island in cooperation with city governments, Tribal Council, Page 10 of 25 September 20, 2008 Public Hearing Item VI -B Koniag, KANA and others, and consistent with local community goals identified in this plan and other planning efforts. ❖ Encourage and facilitate small business development on Kodiak Island. Implementation Actions: ❖ Assist local government entities with their efforts to secure funding for capital improvement projects. Goals, Policies & Implementation Actions (Housing) According to the January 2008 MB Comprehensive Plan Update, there are 68 total single - family detached housing units in Larsen Bay. This figure may not reflect the use of some housing units as seasonal lodges and Bed & Breakfasts however. According to Census data, about 43% of all housing units in Larsen Bay were built during the 1980 to 1989 time frame. Only 3% of the total housing stock has been constructed since 1990 which indicates that 54% of all Larsen Bay housing was constructed in 1979 or prior years. Kodiak Island Housing Authority developed 28 housing units in Larsen Bay originally. These units were intended to allow the property owners to accrue equity in the properties on a "lease to own" basis, eventually culminating in a full conveyance of ownership. According to the Plan update, 10 units have been conveyed into private ownership since this program was begun with 18 housing units still in KIHA ownership. There is no housing affordability data or future needs information in the plan that specifically references the Larsen Bay. Based on the declining population of the community that was mentioned previously it is hard to imagine that the cost of housing in going up on the basis of unsatisfied demand for housing. In addition, the cost of heating fuel and other utility services in Larsen Bay is likely to be burdensome to a typical householder such that it would likely serve as a significant off -set to any savings obtainable in the housing market through reduced demand. This condition may be making the acquisition of residential property and structures to be used for seasonal income purposes, i.e. lodges, vacation rentals, bed & breakfasts, etc., may eventually make it harder to reverse the current trend of dwindling residential population. This may also be contributing to the current difficulties in maintaining a stable community leadership structure as the members of the community depart Larsen Bay or become seasonal -only residents, thereby not qualifying for city leadership positions. There is a recognized need for new or improved teacher housing which was a universal concern in all of the outlying communities as a means to improve the quality of life and thereby encourage teachers to stay in the communities longer. Along the same lines is a growing need in all communities to provide improved hosing forms and services for elders so that they may be able to stay in their home communities throughout their later years without having to move to a larger community to obtain the age specific services they may need. Case 03- 016 /Staff Report Page 11 of 25 September 20, 2008 There is no vacancy rate housing data specifically called out in the plan for Larsen Bay. Staff believes a reasonable inference to the data that is available however may point to the possibility of vacant residential units and vacant residential properties becoming a relatively cheap and affordable target for conversion to seasonal lodge or hospitality trade use. Given the somewhat random manner in which these properties may be acquired for these purposes, the only way to ensure some balance of land uses in the community is through judicious plan implementation, systematic zoning, and disciplined code enforcement. Once residential properties are designated for non - residential purposes (and lodging (except for bed & breakfast) is generally a considered a business /service, not a residential use), it will be much harder to reverse course should the population trend in the community have an opportunity to reverse course at some point in the future. Staff believes that unless there is a determined mind set to reserve a certain amount of land for housing within the existing Townsite, a determined trend of residential to commercial zoning conversion in Larsen Bay could at some point become an impediment to such a population trend reversal. Goal: Help ensure that an adequate supply of land for housing and a sufficient stock of housing, including affordable housing, are available for Borough residents. Policies: Public Hearing Item VI -B ❖ In partnership with local communities, Tribal councils, Native Corporations, the Kodiak Island Housing Authority and others, help ensure that there is an adequate supply of developable residential land to meet long -term housing needs throughout the Borough, including housing for seniors. + Support efforts to improve and/or identify adequate teacher housing facilities in outlying villages and cities. ❖ Work with local communities and residents to support development of alternative, less - costly fuel or energy sources. Implementation Actions: ❖ Explore ways to address or mitigate the high cost of heating oil for Borough residents, particularly for households with limited incomes. ❖ Continue to work closely with the Kodiak Island Housing Authority to support programs to provide housing to individuals and households with limited incomes. ❖ Identify possible locations and funding sources to construct senior housing facilities in the City of Kodiak and outlying communities. Goals, Policies & Implementation Actions (Transportation) Larsen Bay is served by at least two regularly scheduled flight services and a number of charter flight service operators. The Larsen Bay airport is maintained and operated by the State of Alaska, Department of Transportation and Public Facilities. The length of runway is approximately 2,700 feet and the airport is one of the few outlying runways to have runway lighting installed. Case 03- 016 /Staff Report Page 12 of 25 September 20, 2008 Public Hearing Item VI -B The airport runway is unpaved and is limited to serving relatively small and slower moving aircraft. The community has expressed a desire to lengthen the runway to serve larger aircraft that could flight directly between Larsen Bay and Anchorage rather than having to go through Kodiak as the regional hub. At present it does appear that ADOT/PF is moving towards longer runways for outlying community airports, but it is unknown whether the current runway length standard would satisfy the community's perceived need or whether the airport is situated in a location suitable for such improvements. The fact that Larsen Bay has regularly scheduled air transportation services, coupled with its local infrastructure is probably why the community has become a popular destination for recreationists and lodge clients. In addition, the present quality and abundance of fish and game are also factors that make Larsen Bay a desirable tourist destination. Ground transportation in Larsen Bay is by POV and ATV. Given that the roads in Larsen Bay are unpaved, it would be advisable to restrict commercial lodge traffic to the main thoroughfares to the greatest extent possible. Access drives directly onto an arterial or collector class street should be encouraged if not outright required in the context of commercial vehicle traffic in close proximity to residential land and uses. . Goal: Improve air transportation between the City of Kodiak, MB villages and the rest of Alaska. Policies: ❖ Support local communities in identifying future land and facility requirements for landing strips and airport expansion and identify appropriate sites. ❖ Repair and expand old runways to accommodate new aircraft and to enhance economic opportunities. ❖ Support regular air passenger and freight service to all communities within the Borough. The City of Larsen Bay also operates a small boat harbor that was constructed by the State of Alaska Department of Transportation and Public Facilities. This is another desirable feature of the community that helps to encourage and support local charter and transporter activities in addition to local subsistence and commercial fishing. At the time of this writing staff does not have a count of the total number of slips available in the harbor and how many are committed to long term use agreements. Issues: Marine Freight Service. Residents expressed the need for marine freight service, which was recently discontinued by the primary carrier for most rural communities. Goal: Improve facilities for water transport of passengers and freight. Case 03- 016 /Staff Report Page 13 of 25 September 20, 2008 Policies: Public Hearing Item VI -B ❖ Explore the feasibility of regular ferry service to communities off the road system to reduce the cost of freight and passenger transport, support economic development goals and provide a wider range of transportation options for residents and visitors to those communities. Implementation Actions: • Promote an ADOT &PF feasibility study for an Alaska Marine Highway System regional ferry system based in Kodiak to improve passenger and freight haul costs and reliability. ❖ Construct and/or improve docks, harbors and boat launch facilities in communities throughout the Borough. Identify land and facility needs for such facilities. Other Issues: Maintenance: Maintenance of the existing transportation system should be prioritized. In addition, local, regional, and state jurisdictions should work collaboratively to document and monitor maintenance needs, funding, and expenditures. Improved Coordination. Better communication and coordination among ADOT &PF, KIB, and cities is needed to efficiently plan for future transportation systems, including in rural areas and other communities where additional growth may be expected. Resolution of planning and construction schedules and cycles among different agencies also is important. Land Use and Transportation Coordination. Development, land use and transportation are inextricably linked and need to be coordinated to ensure facilities are adequate to serve current and future residents and that new growth does not overwhelm individual facilities or intersections. Development and maintenance of transportation facilities also should support demand for recreational use and facilities, including parks, open space and trails. Goals, Policies & Implementation Actions (Public Services and Facilities) The City of Larsen Bay operates and maintains nearly all infrastructures serving the city residents. Two notable exceptions are the airport and the telephone system. The city operates and maintains a water and sewer system. The sewer system only serves the east half of the community however, lots in the west half are served by on -site septic systems. The sewage is only provided treatment through a septic tank system before the effluent is conveyed to an off- shore mixing zone through an outlet pipe. One public hearing notice and several phone calls have expressed concerns with the adequacy of the sewer system and in one instance partial system failure was being alleged. The property owner indicated that raw sewage perceptible by its odor was being observed at certain locations in the eastern portion of the community. This will bear further investigation when staff and the commission are in Larsen Bay, although the actual responsibility for regulating such wastewater systems rests solely with the Alaska Department of Environmental Conservation (ADEC). For those lodges utilizing on -site septic systems, an effective clause would likely be appropriate Case 03- 016 /Staff Report Page 14 of 25 September 20, 2008 it X 40 : ►: ca • similar to what was required for the Chiniak Winery rezone to ensure that onsite systems meet applicable ADEC standards before allowing any zoning change to become effective. Goal: Provide reliable water supplies and sewage treatment systems. Policies: Public Hearing Item VI -B ❖ Work with local communities to support upgrades to water supply systems to reduce water loss and provide for adequate distribution. ❖ Work with local communities to improve public and private sewage disposal systems to prevent the contamination of private wells and the pollution of wildlife habitat and other natural resources. ❖ Encourage development of public water and sewer facilities Borough - wide. ❖ Support local community efforts to maintain, improve and expand sewer and water facilities, as needed. Implementation Actions: ❖ Work with local communities to support upgrades to water supply systems reduce water loss and provide for adequate distribution. ❖ Work with local communities to improve public and private sewage disposal systems to prevent the contamination of private wells and the pollution of wildlife habitat and other natural resources. ❖ Encourage the development of public water and sewer facilities Borough - wide. ❖ Support local community efforts to maintain, improve and expand sewer and water facilities as needed. The city owns and operates the local landfill. In recent years the city has obtained grants to fence and improve the landfill in order to make it less attractive to bears and more compliant with ADEC and EPA regulations. Lodge uses while often seasonal have the potential to transport large amounts of food and consumer goods in support of staff and clients which can increase the amount of trash that is subsequently disposed of in the landfill. Staff has requested information on the operation of the landfill and the usage rates charged for this service; however the information has not been received as of this writing. It is not clear to staff exactly how fish waste and offal from lodge related fishing and hunting activities are being dealt with in order to minimize negative bear interactions and to ensure that public health and sanitation is protected. Goal: Maintain and improve solid waste disposal services and facilities. Policies: Case 03- 016 /Staff Report ❖ Maintain and upgrade the solid waste and landfill facilities within the KIB, in collaboration with local communities. ❖ Coordinate with state, federal and local agencies to identify, fund and implement optional disposal procedures for marine wastes. ❖ Explore and promote additional economically sustainable opportunities for recycling and waste reduction. Page 15 of 25 September 20, 2008 • Support efforts or programs to remove metal waste and other large or hazardous waste products from local communities, particularly those off the road system. • Support local community efforts to address scavenging bears at solid waste landfills. The city owns and operates the local electrical power system, which includes a combination of hydro - electric and diesel generators, along with all the distribution lines and transformers. The distribution system is largely located underground with occasional transformer pedestals strategically located to facilitate power distribution and maintenance. One downside to the hydro - electric power system is that the penstock for the system is the same reservoir that provides drinking water to the community. Given that the community does not have a suitable backup water supply, the water level in the reservoir requires constant monitoring to ensure that domestic water supplies are not sacrificed for the sake of electrical power. The city can switch to diesel fired generator sets in this event, however the result in a significant increase in the electrical production costs to the entire community. It is staff understanding that there are no electrical meters in Larsen Bay and that the utility rate is based on a flat rate system. While it is not appropriate to get too deeply into the city's business regarding utility rates and operating costs, the capacity of the city to reasonably provide electricity and other municipal services should be a principal focus of this investigation. The city has in fact provided a city council resolution indicating the infrastructure of the city to currently be at capacity such that additional lodging or other facilities cannot be supported. Although the city could conceivably raise service rates to compensate by raising additional revenues, it has to balance this prospect against the potential of pricing out other residential and governmental service providers. Goals, Policies & Implementation Actions (Education) Public Hearing Item VI -B The Kodiak Island Borough owns the Larsen Bay community school building and it is responsible for major maintenance of the building. The Kodiak Island Borough School District (KIBSD) is responsible for providing the school curriculum and day -to -day building maintenance. It does not appear that the rezone of land to support lodges will at this point have a significant impact on the school however should the number of students enrolled fall below 10 students due to the overall population decline of the community, the school will be closed according to KIBSD policy. Goals, Policies & Implementation Actions (Public Safety, Fire Protection, and EmerRencv Services) Larsen Bay has one full -time VPSO to provide public safety services to the community. The community also has a volunteer fire department with one fire truck and a smaller "fire trailer ". Both pieces of equipment are available for fire response within the community The community also has a 20 foot shipping container with oil spill cleanup supplies in order to generate an initial response in the event of a reportable petroleum spill. The city has a tsunami shelter located above the Townsite in case of a major tsunami event. Staff does not know whether the facility is sized to accommodate large numbers of tourists in Case 03- 016 /Staff Report Page 16 of 25 September 20, 2008 addition to the full -time residents of the community. Given that many of the proposed lodge zoning areas area located along the shoreline areas some thought may need to be given to this possibility. The community has a small medical clinic which is operated by the Kodiak Area Native Association. Not much more is known about the number and qualifications of staff working at the facility or what the general hours of operation might be. Goal: Support the state, cities and local service districts in continuing to provide adequate law enforcement, fire protection and other emergency services. Policies: Implementation Actions: ❖ Coordinate with and provide technical support to local communities in addressing their fire protection and emergency response needs. Goal: Work with private, Native and other organizations to support provision of cost effective health care services for all Borough residents. Policies: Goal: Support development of housing and associated services for seniors to meet current and future needs. Policies: Case 03- 016 /Staff Report Public Hearing Item VI -B ❖ Endorse efforts of local communities to retain village public safety officers (VPSO's). ❖ Support existing local fire protection districts and volunteer organizations; promote formation of new districts or groups within local communities where resources are available. ❖ Support efforts by KANA and others to address health care issues in outlying communities. ❖ The City of Larsen Bay supports a local Senior Center which is located within the principal city office building. The operation of the center is a collaborative effort between the Senior Citizens of Kodiak, Inc. and the Kodiak Area Native Association which provides congregate meals to senior citizens 60 years of age and older. Not much more is known about the staffing and operations of the facility the time of this writing. ❖ Continue to support efforts of the SCOK to develop senior housing and services, including options that allow for seniors to live independently in their own communities as long as possible, as well as assisted living or senior care facilities. ❖ Continue to support efforts of KANA and the Kodiak Island Hospital to provide health care and related services for seniors throughout the Borough. Page 17 of 25 September 20, 2008 Public Hearing Item VI -B Implementation Actions: • Explore specific tools to encourage development or improvements to senior housing, such as tax breaks, flexible development regulations, and technical assistance for grant writing. Goal: Help provide energy in a cost effective, energy - efficient manner, in part to address the effects of high costs of fuel. Policy: ❖ Promote alternative uses of energy and conservation. Implementation Actions: ❖ Develop a borough energy plan in coordination with statewide planning programs. • Explore opportunities for new hydroelectric, tidal, or wind power facilities in local communities throughout the Borough; utilize case studies and best practices from similar projects in other communities. ❖ Explore the feasibility of providing subsidies to low income households to assist in paying for the cost of heating and/or electricity bills. Goals, Policies & Implementation Actions (Parks & Recreation) Probably the biggest reason for Larsen Bay to be a tourist and recreation destination is its location abutting the Kodiak National Wildlife Refuge. That, and its proximity to marine waters which provide access to many productive fishing and hunting areas makes Larsen Bay an ideal location for lodging operations. The City of Larsen Bay provides a great deal of infrastructure support that would ordinarily be unavailable or very costly to provide in a remote lodge setting, such as the state sponsored airport, small boat harbor and community electrical system. In addition the location of the community serves as an intermodal transportation node where travelers may transition from one form of transportation to another if they are heading for a recreational area or activity outside of the Larsen Bay Townsite. In addition to the marine waters, hunters, fishers and recreationists may also travel overland by ATV to Karluk Lake and the Karluk River drainage. Staff understands that access to this area may be subject to KNWR permit limitations through a joint agreement of the Refuge and the Koniag Native Corporation which controls much of the land involved. Goal: Maintain and/or improve access to public recreational lands, including via Native Corporation or other private lands, where possible. Policy: Case 03- 016 /Staff Report ❖ Support acquisition of easements, land or other methods for accessing recreational lands and resources. Page 18 of 25 September 20, 2008 Implementation Actions: ❖ Establish criteria and a process that can be used to identify and prioritize specific areas where access is needed and desired by community residents and visitors. ❖ Investigate and assess the feasibility of specific tools for establishing or requiring access; determine which tools are most appropriate for specific conditions or situations. Policies: Goal: Ensure the long -term viability of and maintain a high level of quality of the recreation experience in Kodiak for both residents and visitors. Policies: Case 03- 016 /Staff Report Public Hearing Item VI -B ❖ Support the development of recreational facilities in village communities and other designated areas within the KIB; encourage communities to develop and update local recreation plans. Goal: Ensure that commercial recreation and tourism and private recreation activities minimize adverse impacts on the environment and other private landholders. •• Work with public land managers and private landowners to develop and implement policies and regulations for the intensity and density of permanent recreational facilities and temporary recreational activities. ❖ Assess cumulative impacts and identify carrying capacity considerations associated with commercial recreation and tourism development in the KIB. ❖ Consider implementation of requirements for remote recreation activity such as concentrating the development in specific nodes or permitting clusters of commercial recreation and tourism development in selected locations. Implementation Actions: ❖ Evaluate the impact of commercial recreation and tourism development on sensitive fish and wildlife populations and their habitat, cultural resources and water quality. ❖ Consider the costs of commercial recreation and tourism on adjacent landowners. Chapter 10 - Environmental Quality As previously mentioned, the City of Larsen Bay provides the community with a supply of potable treated water. The water shed for the city reservoir is located south of the Townsite and extends substantially into the KNWR. While unlikely to affect the water supply, potential sources of water pollution to the surrounding marine waters include: 1) community sewage outfalls; 2) failing on -site septic systems located close to tidewater; 3) fish processing and waste disposal; and 4) non -point pollution sources. Page 19 of 25 September 20, 2008 Public Hearing Item VI -B Of particular concern in this regard is the adequacy of the existing community wastewater system and the adequacy of on -site septic systems located in the west half of the Townsite. Although ADEC and other federal agencies don't have a presence in remote areas of the state, they do still have regulations that must be met by the operators of community sewer systems or on -site wastewater systems that is used for commercial purposes. There are also state and federal regulations pertaining to air quality, but this seems to be a lower priority issue in the outlying communities. The KNWR and private land owners such as the Koniag Native Corporation are in the best position to regulate the habitat values on the land under their control. Indeed they would be the responsible parties for any activities taking place that might violate existing environmental regulations assuming that more culpable parties cannot be identified. The more activity in an area that relies upon motorized transportation the more chance for oil or fuel spillage to occur. In addition, these activities will produce over time waste products such as waste oil and antifreeze contaminated water as a by- product of vehicle use. Certainly this is already a reality for year around residents but the advent of many lodges may cause a spike in such waste products due to the relatively short and intense tourism season. It is unknown as of this writing just exactly how these wastes are currently being disposed of. In addition to the fish and wildlife resources that are the main attraction for tourists and recreationists, there are many other desirable attributes of the area which may attract visitors such as scenic resources and historic resources. These resources are usually considered a side benefit to other recreationist activities, however in each case recreational use and the development that supports it may inadvertently have an impact on these resources if the siting and development of support facilities, such as lodges, are allowed in an unregulated fashion. Because much of the uplands are owned by the KNWR and private Native Corporations, these land owners are more likely to exert control over scenic and historic resources. In some regards it makes sense to have lodges concentrated in a Townsite area such as Larsen Bay rather than having them dotting every viable location along the shoreline. So long as the community can provide adequate infrastructure support at an affordable cost and the lodge uses contribute to the community in other economic ways to provide an off -set for seasonal impacts. A number of potential impacts are mentioned in the comprehensive plan, 1) wasted and contamination disposal practices that might impact watersheds and drinking water quality. Chapter 11— Please see excerpt attached to Case 03 -011 and placed in file for this case. GENERAL COMMENTS The petitioner has requested a rezone of Larsen Bay Townsite Subdivision, Tract A, Block 19, Lot 4, to be rezoned from R1- Single - family Residential to B- Business. The property owner indicates that a combination residential and lodge use is established on the lot although the site still appears to be largely residential in nature. Case 03- 016 /Staff Report Page 20 of 25 September 20, 2008 • The B- Business zone was determined to be the only commercial zone that would permit the uses requested by the petitioner's and not result in nonconformity of the lots due to inadequate lot size. The Rural Neighborhood Development zone requires a two (2) acre minimum lot area. Because this area is served by municipal water and (onsite or community) sewer the B- Business zone can be applied, although this zone permits a very broad range of commercial and service related uses in addition to the uses currently located on the site. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The 2008 KIB Regional Comprehensive Plan Update designates Lot 4 as Commercial. A change of zoning to B- Business appears to be consistent with this designation. The fact that only three lots in this area were designated for commercial use, and not others in the area which are designated Residential, raises some question about the methodology that went into creating the plan map. It is not uncommon for plan maps to be based primarily on public input, reflecting the wishes of individual property owners involved in the planning process. For this reason it is always best to adopt a generalized approach that will reconcile the plan map with other goals and objectives stated in the plan and to reconcile the existing community development context in each case. ZONING/USE: The lots in this area are currently zoned R1- Single - family Residential. The proposed rezone would make Lot 4 zoned to B- Business, which is the primary commercial district applied in the City of Kodiak and in Womens Bay. The B- Business zone permits a wide range of commercial uses and services. The Commission should look at closely at the permitted uses to see whether there are any potential uses allowed which might create a conflict for the surrounding area, which is predominantly zoned R1-Single-family Residential. Although the B- Business zone has been applied in Womens Bay, it is mostly a zone that is applied in areas served by a municipal or community water and sewer system. The zone has no minimum lot size or lot width so that off - street parking and building height restrictions are often the limiting factors to development in the B- Business zone. Lot 4 is served by a municipal water system but relies on an on -site wastewater system subject to ADEC regulation for commercial uses and structures. The B- Business zone permits single - family residential use when it is located in a structure containing a permitted commercial use, subject to certain limitations on the basis of floor area and residential area in relation to street frontage. It is possible that the rezone, if approved, could create a nonconforming use or structure on one or more of the lots. Additional information would be required about the existing structures and their floor plans in order to say for certain what the outcome would mean. This kind of review will occur only if a recommendation for zoning change is approved with an effective clause that would trigger the zoning change upon successful application for zoning compliance review. Case 03- 016 /Staff Report Public Hearing Item VI -B Page 21 of 25 September 20, 2008 LAND SUITABILITY: Case 03- 016 /Staff Report Public Hearing Item VI -B Staff notes that there are reduced off - street parking requirements in the villages for both residential and commercial uses. As discussed in prior cases for after-the-fact rezones some thought should be given to the potential for effective clauses to be attached to the zoning recommendation that would require the property owners to obtain after-the-fact permits and inspections that would normally be required in the development process. This could include, but is not limited to, zoning permits and building inspections, fire marshal plan reviews, ADEC review of on -site wastewater systems, etc. The land appears to be suitable as the lodge use and structures have been established at this location for a number of years. The lots are served by water and an on -site septic system, electrical and telephone utilities. The lot is about one acre in size and has adequate lot width to allow a full range of development allowed in the B- Business zone. RECENT DEVELOPMENT TRENDS IN THE AREA: The residents of Larsen Bay have been requesting an update to the community comprehensive plan for many years. As a result of the time to accomplish this task these cases have been postponed for five years or more. During that time, the lodge uses in the community have continued to develop and evolve without the benefit of any discernable development permitting. Staff is aware that there may be a number of other commercial lodge operators or bed & breakfast operations doing business in the Larsen Bay community that are also out of compliance with the R1- Single - family Residential zoning but for which no rezone application has been received at this time. A likely consequence of this case and other pending rezones is that the community awareness will be raised regarding the applicability of zoning and planning in the community (as administered solely by the Kodiak Island Borough. Future complaints for non compliance with zoning may result in zoning enforcement action in order to increase zoning compliance in the community. Staff has limited its review in this case to that area requested for rezone by the petitioners. Future rezone requests in Larsen Bay will likely reviewed on a similar case -by -case basis. As previously mentioned, the B- Business zone does not lend itself to the mixed use zoning approach because of the wide range of uses that are permitted in that zone. It is expected that the B- Business zone will require the same degree of segregation from residential uses and structures as it currently does in the City of Kodiak and along the Kodiak road system. One of the more significant issues to be addressed in this case is the indication from the Larsen Bay City Council (Reso. No. 08 -05) that city infrastructure may be inadequate to support additional commercial lodging operations. Staff has taken note that during recent years there has been a great deal of turnover in the office of mayor and city office staff. In addition to the Page 22 of 25 September 20, 2008 physical limitations of the infrastructure, city staff turnover may have affected the city's continuity of operations and its ability to consistently administer the utility systems upon which the city relies. In order to research this issue further staff obtained a RUBA Assessment Report from the State of Alaska along with a Utility Rate Study for the Larsen Bay Community. Based on the information contained therein, it appears that the community is not rated as "sustainable" under current state economic and financial guidelines. Currently the city is working to address the deficiencies noted in the RUBA Assessment Report, however it will take considerable time in order to correct the issues noted and obtain a "sustainable" rating. While this report does not get too deeply into the details of the city's financials, staff believes that the state staff assigned to investigate the Larsen Bay community have provided a diligent and thorough assessment which appears to be consistent with the more general concerns indicated by the Larsen Bay City Council. TRAFFIC IMPACTS: Staff has not fielded any written complaints about vehicle traffic related to the residential or lodge uses located in the proposed rezone area. As previously noted under the Zoning/Use section above, there are reduced parking requirements in the villages because the number and availability of vehicles in the villages is somewhat limited. There are no current traffic counts available for the community Without getting into a complicated discussion of traffic impacts, staff recommends that the traffic level be maintained at the current level by limiting the number of commercially zoned lots that might increase the potential for additional traffic generation. It should be noted that lodges or commercial uses in this general area close to the small boat harbor do not generate a great deal of traffic through the residential areas more central to the community. Staff recommends that a rezone of Lot 4 from R1-Single-family Residential to B- Business be DENIED. The site appears to be largely residential in nature and it could increase the potential use of community infrastructure to rezone this site to B- Business. The bunkhouse on the site does not appear to meet building or fire safety codes. The petitioner has other options to upgrade the bunkhouse and attach it to the main house with a breezeway in order to operate as a bed and breakfast (assuming that the bunkhouse is properly submitted for a plan review by the Alaska State Fire Marshal). Case 03- 016 /Staff Report RECOMMENDATION Public Hearing Item VI -B Page 23 of 25 September 20, 2008 APPROPRIATE MOTION Public Hearing Item VI -B Should the Commission agree with the staff recommendations, the appropriate motions are: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 19, Lots 4; from R1- Single - family Residential to B- Business. The preceding motion should be denied and the following motion adopted: Move to adopt the "Findings of Fact" in the staff report dated September 10, 2008 in support of this recommendation. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The purpose of the rezone request is intended to create commercial zoning districts to accommodate existing lodge uses and structures located near the western of the Larsen Bay Subdivision, near the small boat harbor. The petitioners have indicated that the rezone is needed as the only feasible way for them to move into zoning compliance status. Staff analysis indicates that the nature and scale of the current use appears to be more residential than commercial at this point in time and that a rezone to B- Business will create additional commercial development potential that may require additional resources from the city's limited infrastructure system. Staff analysis indicates that the scale of use on this property may be able to be made conforming in the Ri zoning district by converting to a Bed & Breakfast use and by further joining together the existing A -frame house and adjoining bunkhouse structures. This request has been held in abeyance for five or more years awaiting an update to the KIB Regional Comprehensive Plan and it is now time to make these long awaited decisions in order to restore and maintain the balance between residential and commercial uses in the Larsen Bay community. Because the community leadership capacity has diminished in recent years due to the turnover of leadership and administrative staff, the recommendations in this case are limited to those lots where existing lodge use and structures are established in order to maintain the status quo level of both commercial benefits to the community and related community impacts associated with lodge uses. The current RUBA Assessment Report and associated utility rate study, in conjunction with the most recent resolution adopted by the Larsen Bay City Council indicate a need for change to occur in the community leadership and administration in order to re- establish continuity of government operations and restore community sustainability before more commercial development potential is considered for the Larsen Bay Community 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. Case 03- 016 /Staff Report Page 24 of 25 September 20, 2008 The recommendation to deny this request is one based upon conditions in the community that are expected to change in community and while the recommendation at present is for denial, it must be stated that the future land use designation for this area is to become Commercial at some point in the future when the community is better able to support on a sustainable basis further commercial development. A recommendation for denial of the requested rezone at this time does not have an effect positively or negatively on the comprehensive plan goals and objectives, except to say that now is not the time for such a change to occur. Case 03- 016 /Staff Report Public Hearing Item VI -B Page 25 of 25 September 20, 2008 LARSEN BAY POPULATION 1982 to 2007 250 200 150 100 50 0 POPULATION 1982 1983 1984 1985 1986 1987 1988 1989 199019911992 1993 1994 1995 1996 1997 1998 1999 2000 20012002 2003 2004 2005 2006 2007 - POPULATION Zo -801 Larsen Bay Townsite, Tract A, Block 16, Lot 12 (Kodiak Lodge Don J. Maschmedt www.kodiaklodge.com Unknown 000 - ZT 101 Lot 12 - $106,400 Unknown 0.1 aBpoT oN No (Coordination Only) Yes Yes 12 couples or 12 individuals (Est. 22 guests Max. per website) City Water Only; On -site Wastewater Disposal saA saA (Yes '240388 Kodiak Lodge at Larsen Bay LTD Unknown Unknown ON umou)un ON ON umou lull Commercial 8t0-E0 Larsen Bay Townsite, Tract A, Block 16, Lot 10 uul aplsAeBl James Hamilton VNI l Unnkown Lot 10 - $6,300 Lot 10 - $33,600 Unknown _.. ON aBpoT ON saA umowluri Unknown City Water Only; On -site Wastewater Disposal saA SBA IUnknown 165434 Bay Side Inn 196816 Bayside Inn 428846 Bayside Inn Unknown Unknown ON Varies, Unknown Unknown Unknown Commercial 910-£01 Larsen Bay Townsite, Tract A, Block 19, Lot 4 1Foxtail Lodge Jon Peterson www.ifish.net/JonPeterson Unknown Lot 4 - 55,300 Lot 4 - 572,600 Unknown oN Unknown Single - family Residential saA ON No 4 guests (Bunkhouse) City Water Only; On -site Wastewater Disposal 50), saA Unknown 705446 Jon A. Peterson Guide Service Unknown Unknown ON Varies, Unknown oN Unknown Unknown Commercial 1T0 Larsen Bay Townsite, Tract A, Block 3, Lots and 1Uyak Bay Lodge !Joel Wattum www.uyakbaylodRe.com 'Unknown Lot 1 - $10,000 Lot 2 - $4,800 Lot 1- 5208,200 Lot 2 - $0.00 (Vacant) umowlun ON aBpoT oN saA saA Yes 11 Guest Rooms (Est. 22 guests Max. per website) Petitioner indicates a reduction in guest rooms due to changing floor plan and currently operating at 16 guests Max. and 3 staff. _. -— - -- _ saA SBA' r saA Yes 907797 Uyak Bay LLC Unknown Unknown oN umowlun saA Unknown Unknown 1 IeOuaplsa6 110 Larsen Bay Townsite, Tract A, Block 2, Lots 2, 3 & 4 —. weoeAI ( Joel Wattum - Lots 2 & 3; Tammy Helms Lot 4 VNI VN Lot 2 - 520,000 Lot 3 - $3,800 Lot 4 - $30,000 Lot 2 - $0.00 (Vacant) Lot 3 - $0.00 (Vacant) Lot 4 - $0.00 (Vacant) VNl VN auoN VN VN VN VN VN VNI VN VN. VN VN VN ! VN VN VN VN VN Lots 2 and 3 - Commercial; Lot 4 - Residential 110 Larsen Bay Townsite, Tract A, Block 1, Lots 1 -3 jlarsen Bay Lodge Complex i Michael and Lisa Carlson www.la rse nbaylodge.com Unknown 101 1- $10,000 , Lot 2 - $10,000 Lot 3 - 533,600 ' Lot 1- 5188,300 Lot 2 - $0.00 (Vacant) Lot 3 - $148,600 'Unknown agAe n1 ,No Residential and Lodge SO), saA Yes 31 Guests (plus staff) Approx. 18 guest rooms total saA[ saA saA Yes 727508 Larsen Bay Adventures, LLC; 403098 Larsen Bay Adventures; 208639 Larsen Bay Lodge INC Unknown Unknown O NI !Varies, Unknown ON! !Unknown 'Unknown I epuapl sa6 /lu ay atem /l epJawwoo paxRA1 (Case Number 1 Legal Description IBusiness Nome r 'Web Address 'Payment of Bed Tax (to the city of LB) I Borough Land Assessed Value (TY2007) I Borough Building Assessed Value (TY2007) 1 2 xe1 sales AID' ' $tructure Grandfathered Structure(s) or use ? Zoning Compliance? `pp` Original Building Design Category (Lodge,1 B &B, SFR) Pe ry Provide rovid Fishing Hunting Services? Se ices ? Provide Other Services ? Lodging or Rooming Capacity (Excluding staff /management/guides) Y Y V 'Served by City Water and Sewer? Water and Sewer Rate Served by City Power Electrical Power Rate Served by City Garbage Alaska Business License Business License Number Fire Marshal Review Fire Marshal Permit No. F 4 ,C . 4 Q 3 1 Zoning compliance Permit I` Borough Tax Paid TY2007 Parcel Size Building Height As -Built Survey Community Benefits Owner live in Larsen Bay ? Lodging Use Hire Local Employees ? Comprehensive PIaa s Comprehensive Plan Designation CITY OF LARSEN BAY PO BOX 8 • LARSEN BAY, ALASKA • 99624 PHONE: 907 -847 -2211 • FAX: 907- 847 -2239 E -MAIL: CITYOFLARSENBAY@AOL.COM RESOLUTION NO. 08-05 A RESOLUTION REQUESTING THE KODIAK ISLAND BOROUGH PLANING, ZONING AND ASSEMBLY TO POST PONE ACTION ON CASES REGARDING LARSEN BAY, CASES 03 -011, 03 -012, 03 -016, 03 -018. WHEREAS, the community unity of Larsen Bay needs to have the Planning and Zoning Plat updated; and, WHEREAS, the Lodges are being constructed without regard to the City of Larsen Bay's input or permission; and, WHEREAS, the residential homes have been converted from residential to commercial enterprises; and, WHEREAS, the Lodges are adjacent to residential homes and the Larsen Bay School causing concern amongst the year around residential community members; and, WHEREAS, any addition building within the community will greatly overtax facilities that service the resident. NOW THEREFORE BE IT RESOLVED THAT: The City of Larsen Bay Council request the Kodiak Island Borough and the Planning and Zoning commission post pone the rezoning in Larsen Bay until these issues are solved and that the borough Planning and Zoning commission meet the Larsen Bay at their earliest convenience and halt all future building within the community of Larsen Bay. BE IT FURTHER RESOLVED THAT; the Larsen Bay City Council develop an ordinance for building codes and permits. PASSED AND APPROVED by a duly constituted quorum of the City of Larsen Bay This /9 day of /•=e, (rj v .b00 SIGNED: Al I EST: (� Secretary Treasure) „9„ Duane Dvorak Subject: FW: Larsen Bay Comp Plan From: Allen Walburn [mailto:awalburnl @comcast.net] Sent: Wednesday, February 13, 2008 11:41 AM To: Duane Dvorak Subject: Larsen Bay Comp Plan February 13,2008 To: Kodiak Island Borough Planning & Zoning Commission Kodiak, AK 99615 From: Alaska's Kodiak Island Resort P.O. Box 36 Larsen Bay, AK 99624 Subject: Larsen Bay Zoning Dear Sir: Recently we were made aware that the Kodiak Island Borough (KIB) was directly responsible for zoning enforcement and compliance in Larsen Bay. Our company, prior to developing our property was lead to believe that our lot was zoned properly and in complete compliance. This information was conveyed to, us by the property seller as well as Larsen Bay elected officials. At no time were we ever made aware, or noticed that the Kodiak Island Borough was developing and enacting a comprehensive plan that would make our property non- complying. We are not requesting exceptions to KIB regulations, only consistency and equality. Adoption of the KIB comprehensive plan in December 2007 has created several non - complying properties. Unless compelling and convincing arguments are brought forward, in objection, all sites similarly situated should be rezoned together. As a new lodge owner and operator we have operated within the community with a mindset to better our village. Kodiak Island Resort has employed local people, participated and donated to civic projects, paid Kodiak Island Borough property taxes, Larsen Bay's bed taxes in addition to working with a youth KANA program. We want to support our community and borough and only desire to be allowed to continue to operate as we have since our inception in 2006. Please suspend pending requests for rezone and consider adopting a KIB plan that addresses all interested and similarly situated parties simultaneously. Only after adoption and implementation of the plan should non- conforming sites seek a rezone or variance. We suggest a meeting with the affected parties in the early spring (May or June). Thank you for your time and consideration of this matter. Sincerely, Allen Walburn Managing Partner Alaska's Kodiak Island Resort i City of Larsen Bay Assessment of Management Capacity Indicators Tammy Helms Rural Utility Business Advisor (RUBA) Program Division of Community Advocacy Commerce, State of Alaska April 2, 2008 Introduction The City of Larsen Bay assessment report was completed by the Rural Utility Business j Advisor Program (RUBA) as a requirement for a projected VSW grant- funded project. The report was completed with the voluntary assistance of the utility and based on information utility staff provided to the RUBA program. The goal of the RUBA Program is to help small communities implement utility management practices that will improve the utility's ability to provide safe drinking water to their communities on a sustainable basis. The RUBA Assessment evaluates essential and sustainable indicators necessary for the managerial and financial health of the utility. These indicators are organized under the following sections: • Utility Finance • Accounting Systems • Tax Problems • Personnel System • Organizational Management • Operation of Utility Essential Indicators identify policies and practices that are critical to the short-term operation of a utility. Sustainable Indicators identify policies and practices that make a utility cost - effective to operate and increase the likelihood of long -term financial success. The Major Recommendations are limited to those items needed to meet deficient essential indicators. This is because only the essential indicators are a required to be met under the grant conditions. The City of Larsen Bay operates and manages the following utility services: • Water and Sewer services • Landfill • Garbage haul • Harbor/Dock • Fuel Sales • Airport Maintenance • Road Maintenance • Electricity Essential Indicators Report Page 2 Management Capacity Indicators On April 2, 2008 Tammy Helms met with the City of Larsen Bay staff to complete a RUBA Assessment of Management Capacity Indicators. City staff provided documentation supporting the conclusions in this report. Utility Finance Essential Indicators Yes No M ❑ ® ❑ ® ❑ Sustainable Indicators All revenue and expenses for the utility are listed in the utility budget. The utility has adopted a balanced realistic budget. Monthly financial reports are prepared and submitted to the policy making body. The utility is current paying all water /wastewater electric bills. The utility has on hand a year's adequate fuel supply or it has a financial plan to purchase an adequate supply. The utility is receiving revenues (user fees or other sources) sufficient to cover operating expenses. The utility is receiving revenues (user fees or other sources) sufficient to cover operating expenses and Repair & Replacement (R &R) costs. YTD revenues are at a level equal to or above those budgeted. YTD expenditures are at a level equal to or below those budgeted. A monthly manager's report is prepared. Budget amendments are completed and adopted as necessary. The City of Larsen Bay drafted and adopted a FY 08 budget with RUBA assistance but it has not begun the FY 09 budget process. RUBA staff will assist the City Clerk with preparing the proper financial reports so they can be submitted to the Council monthly. The interfacility bills have not been paid for at least 8 months due to not having a consistent office staff. The water and sewer revenues are not sufficient to cover operating expenses. The City subsidizes its water and sewer utility through the fuel and electric sales. Manager/ operator reports are given verbally when requested from the Council. Essential Indicators Report Page 3 Accounting Systems Essential Indicators Yes No ❑ ® The utility has adopted a collection policy and actively follows it. ❑ ® The utility bills customers on a regular basis. ® ❑ An accounts receivable system is in place which tracks customers and reports past due accounts and amounts. ® ❑ An accounts payable system is in place. ® ❑ The payroll system correctly calculates payroll and keeps records. ® ❑ A cash receipt system is in place that records incoming money and what it was for. ® ❑ The utility has a cash disbursement system that records how money was spent. Sustainable Indicators ® ❑ A chart of accounts is used that identifies categories in a reasonable, usable manner. ® ® Monthly bank reconciliations have been completed for all utility accounts. ® ❑ The utility has a purchasing system that requires approval prior to purchase, and the approval process compares proposed purchases to budgeted amounts. Although the City has an adopted collection policy, it has not been actively or consistently enforcing it. The City utilizes QuickBooks for accounts receivable, accounts payable and payroll. The QuickBooks system is set up properly and has been a tool in the past to reliably keep the City's finances in order. Currently bills are not going out on a regular basis due to staffing issues. It is recommended the Council review and implement the City's collection policy immediately. The City utilizes QuickBooks for accounts receivable, accounts payable and payroll. The QuickBooks system is set up properly and has been a tool in the past in keeping the City's finances reliably. Unfortunately in the past few years the employees responsible for accounting entry failed to enter data or execute the program functions properly, which has lead to the City writing numerous NSF checks and an inaccurate accounting of the cash on hand. Essential Indicators Report Page 4 Tax Problems Essential Indicators Yes No NA ® ❑ ❑ ® ❑ ❑ As stated previously the City has a QuickBooks system that accurately tracks, calculates and reports payroll tax liabilities if the accounting personnel is competent and reliable in the data entry. The City has struggled to pay the monthly payroll liabilities to the bank due to staffing issue but has managed, with RUBA assistance, to submit the quarterly reports to the IRS on time. To date the City has not received any non - compliance notices from the IRS. Personnel System Essential Indicators Yes No ® ❑ The utility has a system to accurately calculate, track, and report payroll tax liabilities. The utility is current on filing federal and state tax reports. The utility is current on making federal and state tax deposits. If there are any past tax liabilities, a repayment agreement has been signed and repayments are current. The utility has a posted workers compensation insurance policy in effect. Sustainable Indicators ❑ ® The utility has adopted and uses a Personnel Policy, which has been reviewed by an attorney, AML, or DCCED for topics and language. ❑ ® The utility has adequate written job descriptions for all positions. ❑ ® The utility has adopted and follows a written personnel evaluation process that ties the job description to the evaluation. ❑ ® The utility has an adequate written hiring process. ❑ ® The utility has personnel folders on every employee that contain at least: 1-9, Job Application and Letter of Acceptance. ❑ ® The utility has a probationary period for new hires that includes orientation, job - training/oversight, and evaluations. ® ❑ The utility provides training opportunities to staff as needed and available. The City of Larsen Bay has a posted workers' compensation insurance policy in effect from 7/1/07 to 7/1/08 with AML /JIA. The City's current hiring process is historical and is not written. Job notices are posted with the job title and description for 10 days. Interested applicants apply at the City office. There is currently no probationary period for employees. Training opportunities to staff are provided as funds allow or opportunities by other sponsors come available. Essential Indicators Report Page 5 Organizational Management Essential Indicators Yes No ® ❑ The entity that owns the utility is known and the entity that will operate the utility is set. ® ❑ The policy making body is active in policy making of the utility. ® ® The policy making body enforces utility policy. ® ❑ The utility has an adequately trained manager. ❑ ® The utility has an adequately trained bookkeeper. ® ❑ The utility has an adequately trained operator(s). ® ❑ The utility has adopted the necessary ordinances (or rules and regulations) necessary to give it the authority to operate. Sustainable Indicators ❑ ® The utility has adopted an organizational chart that reflects the current structure. ® ❑ The policy making body meets as required. ® ❑ The utility complies with the open meeting act for all meetings. The current utility operator is trained but has not passed the OIT test. The interim clerk has no prior bookkeeping experience. The city council presently does not enforce the collection policy consistently. Efforts to once again enforce the policy are being pursued. Essential Indicators Report Page 6 Operation of Utility Essential Indicators Yes No ® ❑ ® ❑ The utility operator(s) are actively working towards necessary certification. The utility has a preventative maintenance plan developed for the existing sanitation facilities. Sustainable Indicators ❑ ® The manager receives a monthly O &M report from the utility operator and routinely "spot checks" the facilities to see that the maintenance items are being completed. ❑ ® The utility has a safety manual and holds safety meetings. ® ❑ Utility facilities have not suffered any major problems /outages due to management issues that are still unresolved. ❑ ® The utility is operating at the level of service that was proposed. ® ❑ The operator provides status reports to the manager on a routine basis. ® ❑ The utility has completed and distributed its Consumer Confidence Report (CCR). ❑ Z The utility meets all required regulations (is not on the Significant Non - Compliance (SNC) list). ❑ ® The utility maintains an inventory control list. ❑ ® The utility maintains a critical spare parts list. In speaking with the Remote Maintenance Worker, Steve Evavold of Village Safe Water, there is a preventative maintenance plan for the existing system. The current utility operator is trained and can run the system but has not passed the OIT test. Historically the utility operator reports to the Mayor or Vice -Mayor when there is a problem or he can foresee one. The utility is not able to operate at the level of service that was proposed due to the inability to backwash the rapid sand filter. The utility does not meet all required drinking water regulations. The City is currently on the SNC list for treatment technique violations and monitoring violations for Stage one and SWTR. The utility operator and Council attempt to keep needed critical spare parts on hand. Essential Indicators Report Page 7 Major Recommendations The City of Larsen Bay has not met all of the essential capacity indicators. In order to meet them, the utility must take the following actions: • The City Clerk should prepare and submit monthly financial reports to the Council. • The City Council needs to make a financial plan to purchase an adequate supply of fuel. • The City Council should review and enforce the collection and disconnection policy they have previously adopted. • A consistent active effort must be made to bill utility customers on a regular basis. • The City is not current with payment of 941 tax liabilities although all reports have been submitted with the assistance of the RUBA program staff. • The City should make it a priority to hire a new City Clerk to perform the bookkeeper's duties and actively support any training available. Conclusion and Next Step In addition to the Major Recommendations, the City of Larsen Bay can work to improve Sustainable Indicators in the areas of "Utility Finance," "Personnel System," "Organizational Management," and "Operation of Utility." It is recommended that: • The City identify revenues to sufficiently cover operating expenses and R &R cost. • The Council should follow the proper procedures in amending and adopting budget amendments. • The utility create and adopt a personnel policy. • The utility create adequate written job descriptions for all positions. • The utility adopt and follow a written personnel evaluation process that ties the job description to the evaluation. • The utility create an adequate written hiring process. • The City should update all personnel folders to ensure every employee file contain at least: I -9, Job Application and Letter of Acceptance. • The utility have a probationary period for new hires that include orientation, job training/oversight and evaluations. • The utility adopt an organizational chart that reflects the current organizational structure. • The Manager/Mayor routinely "spot checks" the facilities to see that maintenance items are being completed • The utility supply safety manuals and hold safety meetings. Essential Indicators Report Page 8 • The utility meet all required drinking water regulations. The regional RMW can assist in meeting this step. • The utility maintain an inventory control and critical spare parts list. By implementing the above recommendations, the City of Larsen Bay will put itself into position to better meet unanticipated financial costs and ensure that employees are aware of their conditions of employment. The City of Larsen Bay billing staff was open and helpful with providing information to complete this assessment. The City Council realizes the importance of community health, financial stability, effective utility management practice and sustainability. RUBA staff is available to provide assistance for any sustainable capacity indicators that are not being met. CC: Steve Evavold, RMW Elizabeth Manfred, RUBA, Program Manager Steve Forslin, ANTHC, Engineer Essential Indicators Report Page 9 Page 20 JAI January 2008 Larsen Bay Existing Conditions History and CulturE The City of Larsen Bay is located on Larsen Bay, on the northwest coast of Kodiak Island. It is 60 miles southwest of the City of Kodiak and 283 miles southwest of Anchorage. The area is believed to have been inhabited for at least 2,000 years. A tannery was operated on Uyak Bay in the early 1800's. A cannery was built in 1911 by the Alaska Packers Association. The City was incorporated in 1974." Larsen Bay is a place of great beauty, and visitors come from all over to experience it. Today Larsen Bay is a community with a rich and mixed heritage that is rooted in the old Alutiiq traditions with a strong Scandinavian heritage that arrived beginning in the later 1800's with the fishing industry. Larsen Bay is named for Peter Larsen, a local trapper, furrier and guide. Population and Housing The 2000 U. S. Census found a total of 115 people living in Larsen Bay, of whom 78% were of American Indian or Alaskan Native (Al /AN) descent. Nearly all of the remaining residents are identified as white. The 2005 population estimate was 97, consisting of 79.1 %Alaska Native or part Native. Many residents of Larsen Bay are descended from the indigenous Alutiiq people. The 2000 Census showed 70 housing units in Larsen Bay, of which 40 were occupied and 30 vacant. This 43% vacancy rate was the second - highest in the Borough behind Karluk. Among the occupied units, 32 (80 %) were owner - occupied and eight (20 %) were renter - occupied. All housing units were detached, single - family homes. The City's average household size of 2.88 persons was among the lowest in the Borough. A significant portion of the City's housing units (43 %) was built between 1980 and 1989. Only 3% were built in 1990 or later. The remaining 54% of units were built throughout the 1940's through the 1970's. Local GovErnmEnt Larsen Bay is incorporated as a second -class city, and is governed by a seven - person City Council that includes the Mayor. Council members serve staggered three -year terms. In 2005, there was an average of 13 municipal staff (Department of Labor and Workforce Development). The City brings in a limited amount of revenue via a 3% sales tax. Most municipal funds come from service charges and other revenue sources. The City and other local organizations currently provide the following services: C Street and sidewalk maintenance, with assistance from the Tribal Council C Electricity C Water and sewer E Health services provided by KANA C Cemetery KodiakHs: BOROUGH t;oropreinterriqvo UpReint Attachment 1 Chapter Eleven irt] Local Communities a Figure 11.3 0 Z Chapter Eleven Local Communities Kodialcbsranc BOROUGH ...02 PIEna LH:Mac Page 21 January 2008 Page 22 January 2008 4 Library, senior facility and Culture Center operated with assistance from the Tribal Council and Kodiak Senior Services 4 School /educational services provided through the Kodiak Island Borough School District and Kodiak Island Borough (selected maintenance and improvements) 4 Small boat harbor 4 Solid waste management 4 Emergency response provided through the Community Emergency Response Team The Natives of Larsen Bay Tribal Council is recognized by the Bureau of Indian Affairs as the official governing body for the Native Village of Larsen Bay. The Tribal Council has a full time President and seven members of Tribal Council. The Tribal Council has not yet specified its jurisdictional territory. Land Management and USE The Borough is responsible for all planning and zoning within the City of Larsen Bay. The KIB Community Development Department prepared the 1984 Larsen Bay Comprehensive Development Plan, which describes the conditions that existed in the community at that time, identifies local issues and establishes goals and objectives for the community. More recently, the City prepared the 2006 Larsen Bay Community Plan, which includes similar content. In the event that provisions of either plan related to land use or zoning conflict with this KIB Comprehensive Plan, the Borough -wide plan shall take precedence. The following KIB zoning districts apply in Larsen Bay: 4 Business (B) 4 Light Industrial (LI) 4 Public Use Land (PL) 4 Single Family Residential (R -1) Current zoning designations are shown on Figure 11.3. A subsequent draft of this Plan will include a map of proposed future land use designations based in part on the results of Comprehensive Plan update meetings. A local village corporation, Nunachkpit, was formed for Larsen Bay under the American Native Claims Settlement Act (ANCSA) . Nunachkpit later merged into the Koniag, Inc. Native Corporation. As a result of this merger, Koniag owns and manages much of the land immediately adjacent to the City of Larsen Bay and of the neighboring Karluk River Drainage, including both the surface and sub - surface estates. The federal government also owns significant land holdings near Larsen Bay, which are part of the Kodiak National Wildlife Refuge. Commercial access to refuge lands for hunting and fishing is strictly regulated, and Larsen Bay residents rely on access to both Koniag and Refuge Lands for subsistence and commercial guiding and fishing activities.'" Kodiakcsz BOROUGH :;onenreaonsro F aar, alate:,ot, Chapter Eleven ►� Local Communities • Economic Development The 2000 U. S. Census showed that the City had a 10% unemployment rate. This does not include the nearly 42% of adults over age 16 who were not in the workforce (i.e., were not employed and were not seeking work). The median household income was $40,833, and 21% of all residents were living below the poverty level. Larsen Bay is one of only two outlying communities on Kodiak Island that has a local cannery outside the City of Kodiak. The other is located near (but not technically within) Ahkiok. The cannery is an important resource in that it could allow for halibut to be processed and frozen year round. The City also has six lodges, two of which are open year round. A study of employment and jobs held by local residents was conducted as part of the Larsen Bay Community Plan process. According to this study, there were 222 employment positions in the community, but only 12 of those were full time. Thirteen of the jobs were part-time, and 187 were seasonal. Only 11 jobs in the community included some form of benefits. The majority of seasonal positions (160) are associated with the Icicle Seafoods cannery. Many of those jobs are typically held by non - resident workers. Transportation and Public Facilities The City of Larsen Bay provides electricity, water, sewer and solid waste disposal services. The City also is responsible for road maintenance, which is financially supported by the Tribal Council. The roads are not paved and do not have streetlights, and road dust is often a problem in summer. The City has a small boat harbor, with limited facilities. The state of Alaska owns a small 2,700 - foot gravel airstrip that receives regularly scheduled flights from small aircraft charter companies located in the City of Kodiak. The City provides maintenance services to the airstrip. State planning calls for the airstrip to be extended to 3,300 feet to accommodate larger aircraft. A new fuel tank storage facility was recently completed and allows for increased fuel capacity for the community. Electricity is, in part generated by a small hydroelectric plant located about a mile from town. It is anticipated that the plant may need to be upgraded to continue servicing the community. The Kodiak Salmon Packers cannery currently maintains its own electrical generation plant. Water and sewer facilities are reportedly in generally good condition as of preparation of this Plan, with some improvements needed to sewer pump stations and selected water distribution pipes. The City is also served by some individual septic systems. No major improvement needs were identified by the City during the Larsen By community planning process. Healthcare services are provided by KANA, which operates a small clinic staffed by two health aides. These health aides provide assistance for minor health concerns and first response Chapter EIEvEn .' Local Communities Kodiakesazi BOROUGH i;omprenensive Nan lupr6a[c Page 23 , ' January 2005 Page 24 ►A, January 2008 emergencies. There also is a Community Health Provider, who provides behavioral health support and services. KANA also provides some in- village physician and dental services through itinerant health care providers. KANA's services are available only to those who qualify under federal guidelines; so non - native residents may receive emergency assistance but must go to Kodiak for their healthcare needs. The community has one Village Public Safety Officer, as well as a volunteer fire department and some fire- fighting equipment, including one truck and one trailer that can be pulled behind a snow machine. Emergency response is provided through the five- member Emergency Response Team, in accordance with a community Emergency Response Plan. The City also supports a small library and Culture Center. Parks and Recreation With the exception of the Culture Center, there are no formal recreational facilities in Larsen Bay. Environmental Quality The local climate in Larsen Bay supports a wide variety of plants, animal and bird life. Marine mammals such as whales, sea lions, and seals are frequent visitors to Uyak Bay and are often visible from the City. Shellfish such as tanner and Dungeness crabs also are found. Mild earthquake activity is frequent in the area and several large earthquakes have been experienced in the past. The 1964 Great Alaskan Earthquake caused sustained ground shaking in Larsen Bay, but the resulting tsunami did not affect the community. Larsen Bay experienced a prolonged earthquake in 2000 that registered 7.0 on the Richter scale. Scientists continue to map and discover earthquake fault systems in the area." Issues Specific issues noted by residents in Comprehensive Plan meetings in addition to those identified at the beginning of this chapter include the following: + The community had limited input in the 1984 Comprehensive Plan for Larsen Bay which should not be used as the basis for and use decisions. + Allow small -scale commercial uses and more Bed - and - Breakfasts and lodges, such as in mixed - use zones under certain conditions. + Address concerns about the social impacts of some lodges located within neighborhoods. + Land use planning needed on Amook Island. + Need to expand the boundaries of the City's watershed. + The City should be informed and have leadership on what happens in the City. + Develop housing to attract and keep teachers. Kodiak BORO 4omoreneas,v Plan Uwiat• Chapter EIEVEn ►, Local Communities Goals, Policies & Implementation Actions Many of the following goals, policies and implementation actions correspond to the issues identified above and /or were identified in the Larsen Bay Community Plan prepared through the Rural Leadership Forum process. Land Use Goal: Enhance flexibility of land USE regulations. Policies • Address concerns about the social impacts of some lodges located within neighborhoods. • Coordinate with the multiple agencies that have a role in local land use issues. Implementation Actions * Review and develop City of Larsen Bay Boundaries that are consistent with and supports the Community Vision. * Acquire Land to allow Tribal Council to enhance development. * Allow small -scale commercial and more Bed - and - Breakfasts and lodges under certain circumstances, such as in mixed -use zones. * Plan for land use on Amook Island. * Expand the boundaries of the City's watershed. Transportation Goal: Improve marine transportation facilities. Implementation Action * Develop deep -sea dock to position Larsen Bay to capitalize on its unique location on the west side of the Shelikof Strait, including a ferry service. Public Facilities, Health and Safety Goal: improve and maintain local infrastructure. Implementation Actions * Develop basic infrastructure repairs and improvements to: 1. Current electrical delivery system including cost of power. 2. Street Lights. 3. Water and Sewer. Chapter EIEvEn . Local Communities Kodiak2ic BOROUGH L ompreaensnre Plan Upaart, Page 25 January 2008 Page 26 January, 2008 4. Establish a public works department. 5. Continue ongoing heavy equipment repairs and acquisitions. 6. Develop public use facilities such as restrooms and telephones in areas such as the Boat Harbor. 7. Develop community greenhouse, barn and cold storage facility. 8. Develop and implement Community Road Plan. 9. Continue current village erosion control projects. * In conjunction with infrastructure development, develop a Community Hall /Cultural Center/ Assisted Living Senior Center. * Develop a Healthcare Plan consistent with the Community Vision that serves all community members. Local Government Goal: Improve overall communication with the Borough, Policies A Coordinate with the Borough on building and development issues. * Define and develop key relationships that will support Larsen Bay in obtaining its community vision. Implementation Actions * Dedicate a specific Borough employee to communicating with the villages. * Establish a Standing Education Committee comprised of members of the City Council, Tribal Council and teachers in the community. * Upgrade City of Larsen Bay Government to better support Larsen Bay's people and strategic goals, including: 1. Establishment of personnel policies. 2. Review of City Revenue Structure. 3. Review of pay scales and job descriptions. * Determine what additional resources the City will require to support its role in achieving the Community Vision. • Review and Develop City of Larsen Bay Planning and Zoning that are consistent with and supports the Community vision. Kodiak s c BOROUGH i:exjTtorarte ns&v, E °ma: Litumee;t Chapter Eleven ►4.1 Local Communities Economy Goal: Retain residents. Policy * Improve economic opportunities in Larsen Bay. Implementation Actions * Increase Government Revenues through expanded services and development of infrastructure. * Provide Comprehensive Community Services to seasonal and transient populations. * Develop a six -tier economic development strategy that focuses on the five current aspects of the economy of Larsen Bay and additional potential. * Establish an interface with the Karluk River Area by enhancing the current Karluk River management and partnership with the village of Karluk. * Establish a viable Community Fishing Quota program initially for Halibut and Sablefish. * Develop a strong working relationship with the Icicle Seafoods cannery. n. ' * Develop additional industries and businesses that are attractive to Larsen Bay. * Develop infrastructure that will support increased economic development activity and provide necessary services. • Require that public education in Larsen Bay meet or exceed established educational standards for formal education required for students to excel in the trade or profession of their choice and culture place -based education that establishes positive self- awareness and self esteem in community youth. * Consider educational options that are altemative to and in addition to the Kodiak Island Borough School District such as: 1. Continuing education 2. Charter school in Larsen Bay 3. Fishing School 4. Other similar options. Chapter Eleven .. Local Communities Kodiako7 +' BOROUGH a,ons renensrve Plano iuptiat: Page 27 . —', January 2008 Page 28 di January. 2008 Housing Goal: Improve housing conditions and resources. Implementation Actions * Develop Housing Plan consistent with the Community Vision of three additional households by 2008 and five additional households by 2013 that serves all community members and is consistent with defined Land Use Planning. * Explore funding sources to develop teacher housing. * Explore funding sources to develop senior housing and related services. Environmental Quality Policies • Work together with Fish and Game to enhance and maintain Larsen Bay area fisheries. • Monitor subsistence to ensure community access. Implementation Actions * Perform an environmental inventory and assessment and develop an appropriate clean -up plan. This plan should include the potential tourism impact on the environment, the replaced tank farm and clean up of scrap metal. * Perform Community beautification in association with Community Togetherness goals and the Larsen Bay Youth Council goals. • Develop an insect control program that is effective but not harmful to existing economic development such as the Icicle Seafoods cannery and tourism. * Continue developing the Bear Management program in association with the State of Alaska Fish and Game and Kodiak Island Wildlife Refuge. *= Perform review of status of Village Safewater and planning for future Village Safewater that supports the Community Vision. Other Goal: Preserve and Enhance community togethernes_ and cultural awareness. Implementation Actions * Develop an annual community gathering calendar and let people know when gatherings are happening. Kodiak�7 BOROUGH c omprervaneevo Mbar Uclaav Chapter EIEvEn w, Local Communities et Actively engage and participate in regional community and cultural activities such as Awakening Bear, Alutiiq Culture Week, enhancing Culture Center and activities centered on Young Adults and other events that build positive self - awareness. * Bring back Alutiiq /Russian Orthodox Celebrations such as Masquerade and other similar events. * Work with Elders to bring back historic activities such as Humpies in Pooshki leaves, teaching kids how to fish and other activities that teach self - sufficiency. * Work together to beautify Larsen Bay with activities such as: 1. Work days to help each other clean up yards. 2. Beautifying historic cemeteries. 3. Other similar activities. 01444ftrbor Thc arca around Old I larbor is thought to have bccn inhabitcd for nearly 7,500 ycars. The and his "Three Saints" flagship in 1784. A tsunami dcstroycd thc original settlement in 1788, and two morc earthquakes struck thc arca by 1792. Thc town relocated to "Saint Paul's Harbor," in thc last 15 ycars, many community members of Sugpiaq Alutiiq descent have been ccntcr for much of this. Today, Old Harbor has an Alutiiq Dance Croup, thc Nuniaq Dancers Chapter Eleven . Local Communities Kodiaky` BOROUGH iomurenensevu Hair, unUacc Page 29 e7 January 2008 NOTE TO READER: ITEMS THAT HAVE A INDICATES EXISTING CODE LANGUAGE v 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 r remote areas. (Ord. 93 -66.3, 1993). Chapter 17.03 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 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). GENERAL PROVISIONS AND USE REGULATIONS' Prior to the beginning of any of the following uses a copy of the certificate of registration for the transient accommodation tax must be submitted to the Community Development Department and a certificate of zoning shall be issued for any of the following uses: Bed and Breakfast, hotel, motel, lodge, - etc. If the proposed use complies with the criteria for exemption to the transient accommodation tax (Section 3.30.040 of Title 3 of the KIB Code), then a certificate of exemption (Section 3.30.060 of Title 3 of the KIB Code) shall be provided to Community Development staff. VACATION I HOME a a a a a. a. U a a RECREATION CABIN R a U MOTEL a a a LODGE 9 10AO - C — more than 15 guest BOARDING HOUSE a a a ' 9 — d $ a ZONING DISTRICT W - Watershed District 1 WH - Wildlife Habitat District I NU — Natural Use District C — Conservation District 1 LI — Light Industrial District I RB — Retail Business RD - Rural Development District RNC - Rural Neighborhood Commercial District RR2 - Rural Residential Two District I RR - Rural Residential District I RR1 - Rural Residential One District 1 R1 - Single - Family Residential District R2 - Two - Family Residential District R3 - Multiple Family Residential District I B - Business District I I — Industrial District I PL - Public Lands District UNC - Urban Neighborhood Commercial District SRO - Single Resident Occupancy Standards • SEP.17.2008 1:17PM REMAX EQUITY GROUP INC. KODIAK ISLAND BOROUG}I 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 Saturday, September 20, 2008. The special meeting will begun at noon in the Larsen Bay School Gymnasium, Larsen Bay, Alaska, before the Kodiak Island Boro _ . Plannin: and Zonin _ Commissio i to hear comments if an on the followin re est: 03 -016 Jon Peterson Request a rezone, in accordance with KJBC 17.2.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 19, Lot 4 from R1- Single Family Residential to B- Business. J-r, CA IO _120 First street, T arse .Bay- _ — - ZONING: R1- Single Family Residential CASE: APPLICANT: REQUEST: NO. 6264 P, 1/1 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 wiz to the meeting. If you would like to fax your comments to us, our fax number is: c907) 486 -9396. If yon would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local eaU -in telephone number is 486-3231. The toll free telephone number is 1400.478 -5736. On Wednesday, September 10, 2008, a special work session will be held immediately following the regular work session scheduled at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision ou this request. If you have any questions about the request or your appeal �'-'� rights, please fe fre to call us at486- 9363. - I � 1 b � ii. ,, /� t , V 1 N fit/ Your None: JO iN ' f -ek$ 4 Ma ng Add>�at goo 5U51 i £uA'66 Your propertydeseripd , ■i t tiow ` - ! Comments: / / / . J= r �_r.! �� •_ / / �i i �•; ` 00 .I G, 1 _J� _ it, .. J ' I /) • 1..! , _ .__._ _ ,14.2-..e.... _.. l . 1.1 , ii ./ r di • - • - . • .1!.`_441.. rj ! ) 1 ! { . • _ _ . AM 4 j 1 . 4 KODIAK ISLAND BOROUGH AGENDA STATEMENT NOVEMBER 6, 2008'REGULAR MEETING TITLE: Declaring a Seat Vacant on the Planning and Zoning Commission. SUMMARY: Mr. Gary Juenger submitted the attached letter of resignation on October 7, 2008. APPROVAL FOR AGENDA: ITEM NO: 13.E.2 RECOMMENDED MOTION: Move to accept, with regret, the resignation of Planning and Zoning Commissioner Gary Juenger and direction is given to the Borough Clerk to advertise the vacancy per Borough Code. Name David King (B) (Chair) 2009 481 -2930 2949 Spruce Cape Dr #1 P.O. Box 3634 Kodiak, AK 99615 Erin D. Harrington (C) 1325 Mission Road Kodiak, AK 99615 Casey Janz (B) 10674 Chiniak Dr. Kodiak, AK 99615 Gary Juenger (B) 3899 Harry Nielsen Kodiak, AK 99615 2010 William Kersch (C) 1812 Mission Road Kodiak, AK 99615 Jim Purdy (B) 2769 Lakeview Drive Kodiak, AK 99615 Brent Watkins (C) 307 Childs Drive Kodiak, AK 99615 B= Borough Seat C =City Seat Revision date: 6/16/2008 Revised by: jk KODIAK ISLAND BOROUGH Term Home Phone Work Phone Email 486 -8848 942 -1323 erinfish @gmail.com 2009 487 -4055 487 -2125 (H)cjanz @ptialaska.net (W) cjanz01@kodiakschools.org 486 -2221 2009 486 -4854 715 - 475 -8336 (cell) Staff: Sheila Smith, Comm. Development Secretary 487 -5180 ext. 132 (H)dkingak @gci.net (W)david_king @fws.gov gjuenger1@gci.net williamusps @yahoo.com 2 486 -7661 486 -1945 kodiaklandsurveying @AK.net 2010 486 -1717 brentski @yahoo.com 486 -9363 ssmith @kodiakak.us To Whom It May Concern: October 6, 2008 Due to a lack of time to devote to the position, I wish to resign my position as Planning & Zoning Commissioner, effective after the October 15, 2008 regular meeting. I wish all the best to my fellow Commissioners and to the Borough Assembly in the future. Sincerely, Gary Juenger ;Y, OCT - 7 2008 1 KODIAK ISLAND BOROUGH AGENDA STATEMENT NOVEMBER 6, 2008 REGULAR MEETING TITLE: Declaring a Seat Vacant on the Solid Waste Advisory Board. SUMMARY: Ms. Freya Holm submitted the attached resignation on October 10, 2008. APPROVAL FOR AGENDA: ITEM NO: 13.E.3 RECOMMENDED MOTION: Move to accept, with regret, the resignation of Freya Holm from the Solid Waste Advisory Board for a term to expire December 2009 and direction is given to the Borough Clerk to advertise the vacancy per Borough Code. Name Barry Altenhof P.O. Box 1373 Kodiak, AK 99615 Cindy Harrington P.O. Box 8166 Kodiak, AK 99615 Freya Holm P.O. Box 271 Kodiak, AK 99615 Marion Owen 1223 W. Kouskov Kodiak, AK 99615 Richard Pillans 322 Lilly Drive Kodiak, AK 99615 Construction Business Representative Ed Mahoney 2010 P.O. Box 2281 Kodiak, AK 99615 Retail Business Representative Laurie Murdock 3272 Mill Bay Road Kodiak, AK 99615 Ex- Officios /non- voting: Assembly Representative Chris Lynch 11175 Lake Orbin Drive Kodiak, AK 99615 KIB Staff Representative Tracy Mitchell (Ex- officio, non - voting) Environmental Specialist United States Coast Guard Representative LCDR Deborah Darminio CWO4 Stephen Allbee, Alternate City of Kodiak Representative Mark Kozak 2410 Mill Bay Road Kodiak, AK 99615 STAFF: Mary Barber, Secretary III Engineering and Facilities Revision date: 8/15/08 Revised by: jk KODIAK ISLAND BOROUGH Sol Waste Advisory Board Term Home Phone Work Phone 2008 2010 2009 2010 2009 2009 486 -6238 486 -9488 486 -9488 942 -1424 486 -4449 486 -5079 486 -2849 486 -6554 486 -5759 539 -1234 cell 539 -2124 486 -6181 487 -2244 539 -2494 486 -9348 487 -5320 ext. 252 487 -5320 ext. 257 486 -8060 486 -8066 (fax) 486 -9343 486 -9394 Fax Email baltenhof(a�gci.net cindyh(a�alaska.com freya.holm(a�gmail.com mygarden(a�alaska.net rick.threshold a(� gci.net builders(a ptialaska.net murdock.laurie(agmail.com chrislynch a(�acsalaska.net tmitchell a(�,kodiakak.us deborah.k.darminio(u�uscq.mil mkozak(a city.kodiak.ak.us m barber(a)kod iakak.us . 4 October 3, 2008 Office of the Borough Clerk Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Dear Kodiak Island Borough Clerk: Please consider this letter to be formal notification that I am resigning from the KIB Solid Waste Advisory Board as Vice - Chair. I am no longer able to attend meetings due to scheduling conflicts with my full -time graduate studies program. I hope to continue my commitment to community work in the future. I have very much enjoyed participating as a member of the SWAB and I feel that we have made some significant progress over the past year. Sincerely, KODIAK ISLAND BOROUGH AGENDA STATEMENT NOVEMBER 6, 2008 REGULAR MEETING TITLE: Declaring a Seat Vacant on the Monashka Bay Road Service Area Board. SUMMARY: Mr. Mark Withrow and Mr. Chaz Glagolich each received four write -in votes at the last election. Drawn by lot, Mr. Withrow was voted in to the seat. He declined to assume the duties and submitted a letter of declination. APPROVAL FOR AGENDA: % / ��� ITEM NO: 13.E.4 RECOMMENDED MOTION: Move to accept the declination letter submitted by Mr. Mark Withrow and declare the seat on the Monashka Bay Service Area Board to expire October 2011 vacant and direction is given to the Borough Clerk to advertise the vacancy per Borough Code. Name KODIAK ISLAND BOROUGH Term Home Phone Work Phone Email Darlene Turner, Chair 2009 486 -6390 481 -6390 djturner @asmilingbear.com 2046 Three Sisters Way Kodiak, AK 99615 Andrew Devries, Secretary 2010 486 -1422 487 -5808 andrewdevries52 @hotmail.com 2653 Devil's Prong P.O. Box 3513 Kodiak, AK 99615 ext. 1 Chaz Glagolich 2011 486 -6930 486 -6930 1370 Mountain View Drive P.O. Box 2826 Kodiak, AK 99615 Note: Mark Withrow was elected and declined to assume the seat. On 10/22/08, Mr. Glagolich equested that his name be put in for this seat. Randy Spivey 2009 486 -8890 486 -8076 spivey @ak.net 1709 Three Sisters Kodiak, AK 99615 Jim McCullough 2010 486 -9480 486 -1801 jim.mccullough @alaska.gov 1769 Three Sisters Way Kodiak, AK 99615 Revision date: 02/2122008 Revised by: nj Date: / — To the Kodiak Island Borough Mayor and Assembly: Signature 4862248 p.2 � Wa (7, ; elected to the d -7 -I- vg- 5P74A £ ff Board as a write -in at the last regular municipal election. I decline to assume the duties of the newly elected seat and request the Assembly to declare the seat vacant. Sincerely! /-'J -'1.L 5 614-4 j' v Lam' APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT NOVEMBER 6,;2008 REGULAR MEETING TITLE: Approval of the Kodiak Island Borough Assembly 2009 Meeting Schedule. SUMMARY: The January schedule is what the Assembly approved on December 6, 2007. ITEM NO: 13.E.5 The Assembly approves the meeting schedule for the upcoming year. Attached is the recommended meeting schedule per Borough Code guidelines. 2.30.030 Types of meetings. A. Regular Meeting. The assembly shall meet in the borough assembly chambers, in the borough administration building, Kodiak, Alaska, and are to commence at 7:30 p.m. on the first and third Thursdays of each month, or such other time and place as may be designated in the notice of the meeting. Public notice of changed meetings shall be made in at least one newspaper of general circulation in the borough. Meetings shall adjourn at 11:30 p.m. unless the time is extended by a majority of the votes to which the assembly is entitled. No meeting shall be extended beyond midnight, unless extended by a two- thirds vote of the assembly, except the meeting shall be extended to set the time and place for resumption of the meeting. RECOMMENDED MOTION: Move to approve the Assembly 2009 meeting schedule. ♦. � ��+' w w Z a V e d nx c NiOr � 0 N Pi w iw N N_ os 0 111 0 to w co y N N 01 N • 'O O • y ti Cri o 00 = W U vs • � ` ' • i r- c • v o • (I U 0 O B OA I- rA d, p O p ' O O O O m -( O 0 C C 0) ct{ Q b 0) cd 7 G) . I 1) 11 z ■■■ 5 B 7 8 9 W R 12 13 14 15 16 20 21 22 23 R 1 2 5 6 7 8 E W 12 13 14 15 16 .�. R 19 20 21 22 26 27 28 29 30 W 2 3 4 5 6 R $ 9 10 12 13 W 16 17 18 19 �— R 23 24 25 30 ■■■■■ ■■ 1 2 3 4 W R $ 7 8 9 10 11 W 14 15 16 17 w ...e. R 21 22 23 24 28 29 30 31 ■■ W �~: 26 27 28 29 30 R W $ April ■■■ R 6 7 8 9 13 14 15 16 17 R 20 21 22 23 24 27 28 29 W ■■ July 6 7 8 9 10 W .a.� 13 14 15 16 17 R $ 20 21 22 23 24 27 28 29 � �■ 2009 Kodiak Island Borough 2 3 4 5 6 R 9 10 11 12 13 M. — 1 e W $ 17 18 19 20 R 23 24 25 26 27 ••i• 4 5 6 7 R 11 12 13 14 15 18 19 20 21 22 R $ zs 27 28 29 W August 3 4 5 6 7 R 10 11 12 13 17 18 19 20 21 R 24 25 26 27 31 W R Regular Meeting W Worksession E Election Day $ Pay Day PPE Pay Period Ending March 2 3 4 5 6 R 9 10 11 12 13 W $ 16 17 18 19 20 R 23 24 25 26 27 W $ 31 1 2 3 ■■■■ ■ 1 2 3 4 5 R $ 8 9 10 11 12 15 16 17 18 19 R $ 22 23 24 25 26 W 29 30 ■■■■ ■■ 1 2 3 4 R 8 9 10 11 W $ 14 15 16 17 18 R 21 22 23 24 25 W $ 28 29 30 �.°` ■■■ October November December f am.. las. Mo. Mel way nrawir 2 3 4 5 6 R $ 9 10 12 13 W 16 17 18 19 �— R 23 24 25 30 ■■■■■ ■■ 1 2 3 4 W R $ 7 8 9 10 11 W 14 15 16 17 w ...e. R 21 22 23 24 28 29 30 31 ■■ W �~: 26 27 28 29 30 R W $ April ■■■ R 6 7 8 9 13 14 15 16 17 R 20 21 22 23 24 27 28 29 W ■■ July 6 7 8 9 10 W .a.� 13 14 15 16 17 R $ 20 21 22 23 24 27 28 29 � �■ 2009 Kodiak Island Borough 2 3 4 5 6 R 9 10 11 12 13 M. — 1 e W $ 17 18 19 20 R 23 24 25 26 27 ••i• 4 5 6 7 R 11 12 13 14 15 18 19 20 21 22 R $ zs 27 28 29 W August 3 4 5 6 7 R 10 11 12 13 17 18 19 20 21 R 24 25 26 27 31 W R Regular Meeting W Worksession E Election Day $ Pay Day PPE Pay Period Ending March 2 3 4 5 6 R 9 10 11 12 13 W $ 16 17 18 19 20 R 23 24 25 26 27 W $ 31 1 2 3 ■■■■ ■ 1 2 3 4 5 R $ 8 9 10 11 12 15 16 17 18 19 R $ 22 23 24 25 26 W 29 30 ■■■■ ■■ 1 2 3 4 R 8 9 10 11 W $ 14 15 16 17 18 R 21 22 23 24 25 W $ 28 29 30 �.°` ■■■ October November December f am.. las. Mo. Mel way nrawir ■■ 1 2 3 4 W R $ 7 8 9 10 11 W 14 15 16 17 w ...e. R 21 22 23 24 28 29 30 31 ■■ W �~: 26 27 28 29 30 R W $ April ■■■ R 6 7 8 9 13 14 15 16 17 R 20 21 22 23 24 27 28 29 W ■■ July 6 7 8 9 10 W .a.� 13 14 15 16 17 R $ 20 21 22 23 24 27 28 29 � �■ 2009 Kodiak Island Borough 2 3 4 5 6 R 9 10 11 12 13 M. — 1 e W $ 17 18 19 20 R 23 24 25 26 27 ••i• 4 5 6 7 R 11 12 13 14 15 18 19 20 21 22 R $ zs 27 28 29 W August 3 4 5 6 7 R 10 11 12 13 17 18 19 20 21 R 24 25 26 27 31 W R Regular Meeting W Worksession E Election Day $ Pay Day PPE Pay Period Ending March 2 3 4 5 6 R 9 10 11 12 13 W $ 16 17 18 19 20 R 23 24 25 26 27 W $ 31 1 2 3 ■■■■ ■ 1 2 3 4 5 R $ 8 9 10 11 12 15 16 17 18 19 R $ 22 23 24 25 26 W 29 30 ■■■■ ■■ 1 2 3 4 R 8 9 10 11 W $ 14 15 16 17 18 R 21 22 23 24 25 W $ 28 29 30 �.°` ■■■ October November December f am.. las. Mo. Mel way nrawir �~: 26 27 28 29 30 R W $ April ■■■ R 6 7 8 9 13 14 15 16 17 R 20 21 22 23 24 27 28 29 W ■■ July 6 7 8 9 10 W .a.� 13 14 15 16 17 R $ 20 21 22 23 24 27 28 29 � �■ 2009 Kodiak Island Borough 2 3 4 5 6 R 9 10 11 12 13 M. — 1 e W $ 17 18 19 20 R 23 24 25 26 27 ••i• 4 5 6 7 R 11 12 13 14 15 18 19 20 21 22 R $ zs 27 28 29 W August 3 4 5 6 7 R 10 11 12 13 17 18 19 20 21 R 24 25 26 27 31 W R Regular Meeting W Worksession E Election Day $ Pay Day PPE Pay Period Ending March 2 3 4 5 6 R 9 10 11 12 13 W $ 16 17 18 19 20 R 23 24 25 26 27 W $ 31 1 2 3 ■■■■ ■ 1 2 3 4 5 R $ 8 9 10 11 12 15 16 17 18 19 R $ 22 23 24 25 26 W 29 30 ■■■■ ■■ 1 2 3 4 R 8 9 10 11 W $ 14 15 16 17 18 R 21 22 23 24 25 W $ 28 29 30 �.°` ■■■ October November December f am.. las. Mo. Mel way nrawir Cso . w TITLE: Accepting a Grant for the Seismic Upgrade of Peterson Elementary School and Authorizing the Manager to Enter Into an Agreement with the Alaska Division of Homeland Security and Emergency Management. SUMMARY: The purpose of this request is to accept a grant in the amount of $540,508.00 from the Division of Homeland Security and Emergency Management for the Seismic Upgrade of Peterson Elementary School (1946 Portion.) The seismic vulnerability evaluation of the KIBSD Schools (G &E Engineering Report) identified the 1946 portion of the school as seismically vulnerable. This money originally is from FEMA but is managed by the State. The Finance Department has set up a project account to receive the monies for this project. FISCAL NOTES: Account No.: 05023 Amount Budgeted: $540,508.00 Expenditure Required: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT NOVEMBER 6. 26 118 REGULAR MEETING ITEM NO: 13.E.6 RECOMMENDED MOTION: Move to accept the pre- disaster mitigation grant from the Division of Homeland Security and Emergency Management for the Seismic Upgrade for Peterson Elementary School (1946 portion) in the amount of $540,508 and Authorize the Manager to Enter Into an Agreement with the Alaska Division of Homeland Security and Emergency Management. Rick Gifford Borough Manager Kodiak Island Borough 7-22 -Mill Bay -Road Kodiak, Alaska 99615 Dear Mr. Gifford, jwm:ban:dms Enclosures: As stated DEPARTMENT OF MILITARY AND VETERANS AFFAIRS DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT October 10, 2008 Re: HMGP Grant # 1663.0004, MB Peterson School (1946 Portion) Project Obligating Grant Award Documents Enclosed is the Division of Homeland Security and Emergency Management's (DHS &EM) Hazard Mitigation Grant Program (HMGP) Grant Agreement for the Kodiak Island Borough (KIB), Peterson School (1946 Portion) Seismic Retrofit Project. The total award amount for this project is $540,508. The performance period for this grant was extended to start on January 18, 2008 and ends on December 31, 2008. You will find two copies of the Grant Agreement enclosed; one is for your records and the other is for ours. Please return one of the original signed agreements to Brent A. Nichols after signing it and initialing the third page. If you have any questions or require further information, please contact Brent A. Nichols at 907- 428 -7085 or by email at brent.nichols @alaska.gov. Sincerely, . Madden Governor's Authorized Representative SARAH PALIN, GOVERNOR P.O. Box 5750 Ft. Richardson, AK 99505 -5750 Phone: (907) 428 -7000 - Fax: (907) 428 -7009 Toll Free: (800) 478 -2337 www.ak - prepared.com rjV cE11 (J OCT 1 7 2003 KIB MANAGER SUBMITTED BY: Mary J. Ba KIB Engi APPROVED BY: acilities Department Mike Dolph, Chair Fire Protection Area No. 1 Board Date: 101 a l (ne Date: .2/ "C2C_7- p s--) Commissioner Present Absent Excused Others Present Mr. King X Bud Cassidy Mr. Watkins X Community Development Ms. Janz X Sheila Smith Mr. Kersch X Community Development Mr. Juenger X Mr. Purdy X Ms. Harrington X September 17, 2008 CALL TO ORDER VICE CHAIR WATKINS called to order the September 17, 2008 regular meeting of the Planning and Zoning Commission at 7:30 p.m. ROLL CALL A quorum was established. APPROVAL OF AGENDA Kodiak Island Boroughs = Planning & Zoning CommiSsion Meeting Minute,',' OCR 2 I.a Regular Meeting AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments and appearance requests. PUBLIC HEARINGS Assembly Chambers COMMISSIONER KERSCH MOVED to excuse CHAIR KING and COMMISSIONERS PURDY and HARRINGTON. COMMISSIONER JUENGER SECONDED the motion and it CARRIED by unanimous voice vote. COMMISSIONER JANZ MOVED to approve the agenda. The motion was SECONDED by COMMISSIONER KERSCH and it CARRIED by unanimous voice vote. APPROVAL OF MINUTES COMMISSIONER JANZ stated COMMISSIONER JUENGER and COMMISSIONER HARRINGTON were excused at the August 20 meeting. COMMISSIONER JANZ MOVED to approve the amended minutes of August 20, 2008. The motion was SECONDED by COMMISSIONER KERSCH and it CARRIED by unanimous voice vote. A. Case S09 -005. Request Preliminary approval, in accordance with KIBC 16.40, of the subdivision of Lot 3, Kalsin Bay Estates, creating Lots 3A though 3E, Kalsin Bay Estates. The applicant is Wayne Sargent. The location is Kalsin Bay Estates, Lot 3, USS 2878, and it is zoned C- Conservation. Kodiak Island Borough September 17, 2008 Page 1 of 4 P &Z Work Session Cassidy gave a brief staff report COMMISSIONER JANZ MOVED TO POSTPONE Case S09 -005 until the October 15, 2008 meeting. The motion was SECONDED by COMMISSIONER KERSCH. Close regular meeting: Open public hearing: Mike Sirofchuck, Chair of Parks & Recreation Committee, stated their concern is that the public access is maintained for all the recreational areas at the Olds River mouth and Kalsin Bay Beach. Grant Shields, agent, spoke in support of this request. Close public hearing: Open regular meeting: The commission had a brief discussion. The question was called and it CARRIED 4 -0. B. Case 09 -002. Request for a rezone, according to KIBC 16.40, of certain areas within proposed Tract F within U.S. Survey 2261 and U.S. Survey 4947 from C- Conservation to LI- Light Industrial. The applicant is the City of Kodiak. The location is Near Island, and it is zoned C- Conservation & LI -Light Industrial. Cassidy gave a staff report. COMMISSIONER KERSCH MOVED TO POSTPONE case 09 -002 until the October 15, 2008 meeting. The motion was SECONDED by COMMISSIONER JANZ. Close regular meeting: Open public hearing: Close public hearing: Open regular meeting: The question was called and it CARRIED 4 -0. C. Case 09 -003. Request for an appeal, in accordance with KIBC 17.90.010(B), of an administrative order to discontinue an unlawful business use in a Rural Residential One zoning district (welding) and a finding that the activity on Lot 5, Natalia Subdivision does not meet the standards of 17.06.320 (home occupations). Cassidy gave a staff report. COMMISSIONER JANZ MOVED to reverse the Administrative Notice of Violation relating to the conduct of a Home Occupation in violation Paragraph "F" per Kodiak Island Borough Code 17.06.32. The motion was SECONDED by COMMISSIONER KERSCH. Close regular meeting: Open public hearing: Cassidy, Community Development Department Director, stated the zoning rules and regulations were adopted to try to separate incompatible uses. The Residential zone is where people can live in peace and harmony. There are certain uses are allowed to occur and are generally limited in a manner that does not impact neighbors. A home occupation is allowed where they do not produce and created noise, vibration, glare, fumes, or Kodiak Island Borough P &Z Work Session September 17, 2008 Page 2 of 4 odors that are detectible to the normal senses off the lot. There has been a complaint made and the zoning enforcement officer investigated the complaint and his stand is the activity that is occurring is beyond what is allowed in the Borough Code as far as a home occupation and certainly beyond what we think should occur in a residential area. The kinds of things occurring are welding, grinding, painting, and manufacturing trailers. The code requires home occupations are to occur inside the structure, and as you can see that activity is occurring outside. This activity is not done on an occasional basis; this is actually a business and the gentleman has a license with the State of Alaska to conduct business. COMMISSIONER JANZ asked if the observations made by staff. Cassidy stated staff has been out there but staff hasn't witnessed the activity directly because it generally occurs on weekends or after 5:00 p.m. We haven't witnessed the activity firsthand but you have photos and complaints from neighbors. Cassidy stated one of the issues brought up was the congestion that occurs in the right -of -way of the road, and generally those are for snowplowing and parking. Cassidy stated he has not seen any equipment or manufactured product in the right -of -way since we have had conversations with the appellant. Cassidy stated he hasn't seen the appellant here tonight. Close public hearing: Open regular meeting: The commission had a brief discussion. The question was called and it FAILED 4 -0. FINDINGS OF FACT [1] The Appellant engaged in metal fabrication activities within the rubric of a Home Occupation as defined by Kodiak Island Borough Code 17.06.320. [2] During the course of the conduct of the home occupation, the Appellant created noise, vibration, glare, fumes, or odors detectable to the normal senses off the lot. [3] The conduct of the home occupation, in the manner complained of, violates the prevailing "neighborhood standard" and is properly ordered to cease per Kodiak Island Borough Resolution 90 -26, page 3, [2] — Neighborhood Standards. COMMISSIONER JANZ MOVED to adopt the findings of fact found in the staff report dated August 28, 2008 as Findings of Fact in support of the commission's decision. The motion was SECONDED by COMMISSIONER KERSCH and it CARRIED 4 -0. OLD BUSINESS There was no old business NEW BUSINESS There was no new business COMMUNICATIONS A. Notice of Violation dated September 9, 2008 Cassidy gave a brief report explaining the complaint enforcement process. Kodiak Island Borough P &Z Work Session September 17, 2008 Page 3 of 4 COMMISSIONER KERSCH MOVED to accept communications. The motion was SECONDED COMMISSIONER JANZ and it CARRIED by unanimous voice vote. REPORTS A. Meeting Schedule: • September 20, 2008 special meeting at noon in the Larsen Bay School Gymnasium, Larsen Bay • October 8, 2008 work session at 7:30 p.m. in the KIB Conference Room • October 15, 2008 regular meeting at 7:30 p.m. in the Assembly Chambers. B. Abbreviated Plat & Final Approval/Denial Cassidy gave a brief report on the meeting schedule and abbreviated plats. COMMISSIONER JANZ MOVED TO ACCEPT the reports. The motion was SECONDED by COMMISSIONER KERSCH and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS There were no audience comments COMMISSIONER'S COMMENTS COMMISSIONER JUENGER stated he will miss the October work session but will be here for the regular meeting. ADJOURNMENT The meeting was adjourned at 8:10 p.m. ATTEST By: Sheila Smith, Secretary Community Development Department DATE APPROVED: October 15, 2008 KODIAK ISLAND BOROUGH PLANNING AND ZO ING CO ► . SION Dave King Kodiak Island Borough P &Z Work Session September 17, 2008 Page 4 of 4 Board Members Present Not Present Excused Altenhof, Barry ✓ Hinkle, Bill ✓ Holm, Freya ✓ Mahoney, Ed ✓ Owen, Marion ✓ Pillans, Rick ✓ Rohrer, Dan ■ 5:20pm Call to Order SOLID WASTE ADVISORY BOARD REGULAR MEETING MINUTES February 6, 2008 @ 5:15 PM Borough Conference Room Chair Mahoney called to order the Regular Meeting of the SWAB at 5:15pm on February 6, 2008 at KIB Conference Room. Roll Call M. Barber conducted a roll call and a quorum was established. The following persons were present: Also in attendance were: Ex- Officio Members: Mark Kozak, Chris Lynch and Tracy Mitchell. Rick Gifford, Woody Koning and Mary Barber, Kodiak Island Borough. Larry Van Deale, ADF &G, Caroll Tracy, Kodiak Sanitation. Others present were Alan Torres, Ken Reinke and Scott Arndt. Telephonically present was Chris Bell, Bell & Associates. Approval of Agenda Agenda was approved by a unanimous voice vote with the addition of reports from Board Members F. Holm and R. Pillans. Approval of Minutes — January 9, 2008 Chair Mahoney asked for approval of minutes with corrections. Corrections were made and minutes were approved by a unanimous voice vote. Visitor Comments None N: \EF \Baler Facility \Solid Waste Advisory Board \FY2008 \Minutes \06 Feb 2008 b. Vote to schedule meetings — regular meetings the 1 Wednesday of every month and work sessions the 3 Wednesday of every month. R. Pillans Moved and it was seconded to hold regular meetings the 1 Wednesday of every month and work sessions the 3 Wednesday of every month. Motion carried with a roll call vote. Visitor Comments R. Gifford stated he was confused where the Board wants to go from here. There was discussion that followed. Chair Mahoney asked if D. Rohrer would be willing to work with R. Gifford and maybe another member to clarify things. D. Rohrer said he would. T. Mitchell read a letter from Susan Payne and Don Dumm to the Board. Board Comments D. Rohrer, C. Lynch and B. Hinkle - None M. Kozak said in terms of the big picture he was still a little frustrated, what he thought the Board was doing was the procurement process for new collection, whoever wins the process. He also thought the Board was going to get the big picture as D. Rohrer read out of the contract, the part B., but after listening to C. Bell speak tonight he had a real strong feeling that there isn't a complete picture part B in this contract and he would like clarification. He thought the Board was getting a complete analysis from every aspect of solid waste on this island. M. Owen said on one side she's feeling clarification, on the other a little confused. She said she by no means was hoping to be an expert on all of these particular issues prior to reporting to the Assembly in any way, so she thinks it a question of trusting the process but being charged with clear direction on where to go. She said she feels like it's been 4 months of spinning wheels and in one way she kind of apologizes, she felt that maybe she didn't ask the right questions and was assuming too much. She said she's ready to go to work. F. Holm said she agreed with M. Owen and B. Altenhoff about feeling a sense of confusion trying to figure out how the process is going to work. At the end of the last meeting she had a different idea of the A, B scenario, whether it was switching the order of components that are already in the process or actually adding the plan. She stated she's still a little confused. B. Altenhoff— None N: \EF \Baler Facility \Solid Waste Advisory Board \FY2008 \Minutes \06 Feb 2008 SUBMITTED BY: A51 -- Z) a\, Date: ID/ 170 2 Mary J. Bar r ecretary 111 1111 KIB Engineering /Facilities Department Solid Waste Advisory Board Date: / D ae N: \EF \Baler Facility \Solid Waste Advisory Board \FY2008 \Minutes \06 Feb 2008 Please print your name KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: /7/4/0 Please print your name 75 n\ 1 Gc\.\/■k vt .c‘-P C4 `ccfC4 sk( Mayor Selby The mayor may not ybte except in the case where only six members of the assembly are present and there is a three /three tie vote of the asserr TOTAL: Ms. Stutes Ms. Lynch Mr. Kaplan Ms. Jeffrey Ms. Fulp Mr. Friend Ms. Branson N co m • O z P YES NO Mayor Selby TOTAL: Ms. Stutes Ms. Lynch Mr. Kaplan Ms. Jeffrey Ms. Fulp Mr. Friend Ms. Branson (0 o0 0 0 z --o S\ YES NO Mayor Selby TOTAL: EIR VOTE? V Ms. Stutes Ms. Lynch Mr. Kaplan Ms. Jeffrey Ms. Fulp Mr. Friend Ms. Branson, CD o0 0 0 <c ! 4 N‘ 11111 . 1 I YES NO Mayor Selby TOTAL: Ms. Stutes Ms. Lynch Mr. Kaplan Ms. Jeffrey Ms. Fulp I Mr. Friend Ms. Branson (0 ea 0 • O ..c z —o V- T 11 � 7 YES NO Mayor Selby TOTAL: Ms. Stutes Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch Mr. Friend Ms. Branson N W 0 'C s • E % v � cr- oC) - R VOT -c s YES rE? NO n 0 CD 0 a 0 3 m 0 m c0 v CD 0 v 0 v r z 00 0 0 c m 00 r 0 r r 0 cn r m m Mayor Selby The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. 1 TOTAL: Ms. Stutes Ms. Lynch Mr. Kaplan Ms. Jeffrey( Ms. Fulp Mr. Friend Ms. Branson co W m O (g,../ P 5 ::_-, , . ic57 O < < < ms ` YES c ,....c> I NO Mayor Selby TOTAL: Ms. Stutes Ms. Lynch Mr. Kaplan Ms. Jeffrey Ms. Fulp Mr. Friend Ms. Branson cn W 0 75 —O 0 o ' I YES NO Mayor Selby TOTAL: EIR VOTE? VI Ms. Stutes Ms. Lynch Mr. Kaplan Ms. Jeffrey Ms. Fulp Mr. Friend Ms. Branson cn W m 75 0 z q ` MI S Ill YES I NO Mayor Selby TOTAL: Ms. Stutes Ms. Lynch Mr. Kaplan Ms. Jeffrey Ms. Fulp Mr. Friend • N W 0 f \ q Cp ill YES' I Mayor Selby TOTAL: Ms. Stutes Ms. Fulp Ms. Jeffrey Mr. Kaplan , Ms. Lynch Mr. Friend Ms. Branson co W m ;C o O v C- C R VO1 YES rE? NO C) 0 CD 0 m a m (0 m 0 O 0 Mayor Selby The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. TOTAL: Ms. Stutes Ms. Lynch 36 Mr. Kaplan Ms. Jeffrey Ms. Fulp Mr. Friend Ms. Branson N co 111 75 � Z ,..c, P C5 a J 1 YES OW NO Mayor Selby TOTAL: Ms. Stutes Mr. Kaplan Ms. Lynch Ms. Jeffrey Ms. Fulp Ms. Branson Mr. Friend 0 75 o z v , «� < ` YES NO Mayor Selby TOTAL: EIR VOTE? V Mr. Kaplan Ms. Lynch Ms. Stutes Ms. Jeffrey Ms. Fulp Ms. Branso Mr. Friend o o z ck 4 , s,,c.\ YES . ro [ No Mayor Selby TOTAL: Mr. Kaplan Ms. Lynch Ms. Stutes 1 Ms. Jeffrey LMs. Fulp Ms. Branson Mr. Friend cn W m 75 0 0 Q v <'' < �S s YE NO Mayor Selby TOTAL: Mr. Kaplan Ms. Lynch Ms. Stutes Ms. Jeffrey Ms. Fulp Ms. Branson Mr. Friend W W m -< 0 v Y ES SC S NO rA o o 0 CD m cC 7 N CD Q Q 0 c 3 m 0. CD 0 v 0 Mayor Selby The mayor may not vote except in the case where"only six members of the assembly are present and there is a three /three tie vote of the assembly. TOTAL: Ms. Stutes Ms. Lynch Mr. Kaplan Ms. Jeffrey* Ms. Fulp Mr. Friend Ms. Branson ca, _ N m o 0 P co :< YE9 NO Mayor Selby TOTAL: Ms. Stutes Ms. Lynch Mr. Kaplan J' Ms. Jeffrey Ms. Fulp Mr. Friend Ms. Branson 1 N Fri F z c . -j f:5) W :< YES NO Mayor Selby TOTAL: IEIR VOTE? V Ms. Stutes Ms. Lynch - Mr. Kaplan Ms. Jeffrey Ms. Fulp Mr. Friend Ms. Branson CO I C I ) z v W YES NO Mayor Selby TOTAL: Ms. Stutes Ms. Lynch Mr. Kaplan Ms. Jeffrey Ms. Fulp Mr. Friend Ms. Branson N 0 0 z P W ;5 YES NO Mayor Selby TOTAL: Ms. Stutes Ms. Lynch Mr. Kaplan Ms. Jeffrey Ms. Fulp Mr. Friend Ms. Branson 0 0 z P YES NO o' 3 m 0. 0 a z v CO 0 0 0 rn 00 r 73 0 r r 0 cn r r 2 m m Kodiak Island Borough Assembly Regular Meeting Guidelines November 6, 2008, 7:30 p.m., Borough Assembly Chambers 1. INVOCATION Captain John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to specifically excuse any Assembly members that are absent. VOICE VOTE ON MOTION 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items ':unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION 5. APPROVAL OF MINUTES A. Regular Meetings of August 21, 2008, September 18, 2008, and October 16, 2008. 6. AWARDS AND PRESENTATIONS A. Student of the Month Awards - Mayor Selby B. Proclamation — Mayor Selby 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone numbers: Local is 486 -3231 and Toll Free is 1 -800- 478 -5736 Please ask speakers to sign in and state their name for the record. 8. COMMITTEE REPORTS Kodiak Island Borough Assembly Guidelines November 6, 2008 Page 1 9. PUBLIC HEARING A. State of Alaska Alcoholic Beverage Control Board Request for Transfer of Ownership of Pizza Hut Liquor License, Beverage Dispensary License #3548 to Angelo's. Clerk's Note: 148 • ublic hearing notices were sent out and responses are attached on Recommended motion: Move to voice non - protest to the State of Alaska Alcoholic Beverage Control Board Request for Transfer of Ownership of Pizza Hut Liquor License, Beverage Dispensary License #3548 to Angelo's. Staff report — Manager Gifford. Open public hearing. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736 Please ask speakers to sign in and state their name for the record, Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION B. Ordinance No. FY2009 -07 Reestablishing Boards, Committees, and Commissions as Established in the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel, Chapter 2.39 Boards and Commissions. Recommended motion: Move to adopt Ordinance No. FY2009 -07. Staff report — Manager Gifford. Open public hearing. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736 Please ask speakers to sign in and state their name for the record, Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION C. Ordinance No. FY2009 -08 Rezoning USS 4872, Larsen Bay Townsite, Tract A, Block 16, Lot 12 From R1- Single Family Residential To B- Business Zoning District (Case No. 08 -21.) Recommended motion: Move to adopt Ordinance No. FY2009 -08. Staff report — Manager Gifford. Kodiak Island Borough Assembly Guidelines November 6, 2008 Page 2 Open public hearing. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736 Please ask speakers to sign in and state their name for the record, Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION D. Ordinance No. FY2009 -09 USS 4872, Rezoning Larsen Bay Townsite, Tract A, Block 1, Lots 1 And 3 From R1- Single Family Residential To B- Business District (Case No. 03-011.) Recommended motion: Move to adopt Ordinance No. FY2009 -09. Staff report — Manager Gifford. Open public hearing. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736 Please ask speakers to sign in and state their name for the record, Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Reorganization of the Kodiak Island Borough Assembly. 1. Election of Deputy Presiding Officer. Mayor Selby opens the nominations — Nominations may be made by any member of the Assembly - a second is not needed. Move to nominate as deputy presiding officer. Mayor Selby closes the nominations. If only one individual is nominated, the recommended motion is: Move to cast a unanimous ballot for as Deputy Presiding Officer. Kodiak Island Borough Assembly Guidelines November 6, 2008 Page 3 ROLL CALL VOTE ON MOTION If more than one individual is nominated, Mayor Selby asks the clerk to distribute ballots, collect, and tally the ballots. Balloting continues until there is a majority vote and Borough Clerk Javier announces the Assembly member elected to serve as Deputy Presiding Officer. B. Contracts 1. Contract No. 2004-61C Legislative Consultant for the Kodiak Island Borough During the 2009 and the 2010 Legislative Sessions. Recommended motion: Move to authorize the manager to execute Contract No. 2004 -61C with Hickey & Associates of Juneau, Alaska in the amount not to exceed $40,000 annually for the period of January 1, 2009 to December 31, 2011. Staff Report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION C. Resolutions 1. Resolution No. FY2009 -10 Supporting Governor Palin's Proposal to Ameliorate the Effects of High Energy Costs on Alaskans and Recommending and Encouraging Support for Long -Term Commitments From the Governor and the Legislature by Appropriating Funds to Encourage the Use of Public Transportation. Recommended motion: Move to adopt Resolution No. FY2009 -10. Staff Report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION D. Ordinances for Introduction 1. Ordinance No. FY2009 -10 Rezoning Proposed Tract F Within US Survey 2261 And US Survey 4947 From C- Conservation To Li- Light Industrial Zoning District (Case 09 -002.) Recommended motion: Move to adopt Ordinance No. FY2009 -10 in first reading to advance to public hearing on December 4, 2008. Staff Report — Manager Gifford. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines November 6, 2008 Page 4 2. Ordinance No. FY2009 -11 Rezoning A Tract Of Land In The Larsen Bay Townsite Legally Described As Tract A, Block 3, Lot 1 From R1- Single Family Residential To B- Business District (Case No. 03 -011.) Recommended motion: Move to adopt Ordinance No. FY2009 -11 in first reading to advance to public hearing on December 4, 2008. Staff Report — Manager Gifford. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 3. Ordinance No. FY2009 -12 Amending Kodiak Island Borough Code Of Ordinances Title 15 Buildings And Construction To Standardize The Kodiak Island Borough And The City Of Kodiak Building Codes. Recommended motion: Move to adopt Ordinance No. FY2009 -12 in first reading to advance to public hearing on December 4, 2008. Staff Report — Manager Gifford. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. E. Other Items 1. Assembly Review of Case 03 -016 Denial of Rezone of Larsen Bay Townsite Subdivision, Tract A, Block 19, Lot 4 From R1- Single Family Residential To B- Business and Direct Staff to Prepare an Ordinance for Introduction. Recommended motion: Move to direct staff to prepare an ordinance for introduction to rezone Larsen Bay Tract A, Block 19, Lot 4 from R1- Single Family Residential district to B- Business District. Staff Report — Manager Gifford. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 2. *Declaring a Seat Vacant on the Planning and Zoning Commission. 3. *Declaring a Seat Vacant on the Solid Waste Advisory Board. 4. *Declaring a Seat Vacant on the Monashka Bay Road Service Area Board. 5. *Kodiak Island Borough Assembly 2009 Meeting Schedule. Kodiak Island Borough Assembly Guidelines November 6, 2008 Page 5 6. Accepting a Grant for the Seismic Upgrade of Peterson Elementary School and Authorizing the Manager to Enter Into an Agreement with the Alaska Division of Homeland Security and Emergency Management. Recommended motion: Move to accept a grant for the Seismic Upgrade of Peterson Elementary School and Authorizing the Manager to Enter Into an Agreement with the Alaska Division of Homeland Security and Emergency Management. Staff report — Manager Gifford. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. 15. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby. The Mayor and Assembly Members will be travelling to Ketchikan, Alaska November 9- 14, 2008 to attend the Newly Elected Officials /Alaska Municipal League Conference. Borough Offices will be open Monday, November 10 and Wednesday, November 12 from 10 a.m. to 2 p.m. and will be closed Tuesday, November 11 in observance of the Veteran's Day Holiday. The Assembly work session for November 13 and regular meeting for November 20 have been cancelled. The next work session is scheduled on Tuesday, December 2 at 7:30 p.m. in the Borough Conference Room and the regular meeting is scheduled on Thursday, December 4 at 7:30 p.m. in the Borough Assembly Chambers. 16. EXECUTIVE SESSION A. Evaluation of the Professional Legal Services of the Borough Attorney. Recommended motion: Move to convene into executive session to discuss Evaluation of the Professional Legal Services of the Borough Attorney which qualifies for executive session under any matter which would tend to defame or prejudice the character or reputation of any person. ROLL CALL VOTE ON MOTION After the vote, please invite all Assembly members and the Borough Attorney to participate. (The Manager and Clerk's Office Staff will be available if needed.) After the vote, Mayor Selby recesses the regular meeting and convenes the executive session. Kodiak Island Borough Assembly Guidelines November 6, 2008 Page 6 Upon returning from the executive session, Mayor Selby reconvenes the regular meeting and announces no action is to be taken as a result of the executive session. Or, the Assembly may make a motion if necessary. ROLL CALL VOTE ON ANY MOTION 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines November 6, 2008 Page 7