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FY2018-06 Rezoning Lot In Larsen Bay Subdivision From R1-Single-Family Residential District To B-Business District (P&Z Case No. 17-026)1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Introduced by: KIB Manager Drafted by: P&Z Commission Introduced on: 08/03/2017 Public Hearing Date: 08/17/2017 Postponed: 05/03/2018 Adopted on: 05/03/2018 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2018-06 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING LOT 1A, BLOCK 3, TRACT A, LARSEN BAY SUBDIVISION FROM R1 -SINGLE-FAMILY RESIDENTIAL DISTRICT TO B -BUSINESS DISTRICT (P&Z CASE NO. 17-026) WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska Statutes; and WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 1968 Comprehensive Plan; and WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and WHEREAS, KIBC 17.205.010 provides that "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 otherwise change these regulations and the boundaries of the districts'; and WHEREAS, the Planning and Zoning Commission received a request to rezone Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from R1 -Single -Family Residential District to B - Business District; and WHEREAS, the request was submitted in an effort to bring an existing nonconforming commercial lodge operation into compliance with Title 17 (Zoning) of the Borough Code; and WHEREAS, the aforementioned commercial lodge has been in operation on Lot 1A since construction of the main lodge building in 1998 and, since 2009, has expanded onto Lots 2, 3, and 4; and WHEREAS, on April 19, 2017, at an advertised public hearing cpnsistent with Kodiak Island Borough Code 17.205.040, the Planning and Zoning Commission considered the merits of the rezone request; and Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2018-06 Page 1 of 3 Version 1 46 WHEREAS, after receiving public testimony in opposition of the proposed rezone, the 47 Planning and Zoning Commission voted to postpone the request to the June 21, 2017 regular 48 meeting to allow additional time for further public input; and 49 50 WHEREAS, at a June 21, 2017 public hearing that was advertised to all property owners in 51 the City of Larsen Bay, the Planning and Zoning Commission further considered the merits of 52 the rezone request; and 53 54 WHEREAS, the Planning and Zoning Commission, in an effort to separately address the 55 longstanding commercial lodge use from the more recently expanded lodge use, voted to divide 56 the request by separating the proposed rezone for Lot 1A from Lots 2, 3, and 4; and 57 58 WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough 59 Assembly that Lot 1A, Block 3, Tract A, Larsen Bay Subdivision be rezoned from R1-Single- 60 Family Residential District to B-Business District, finding that the public necessity, convenience, 61 general welfare, and good zoning practice would be enhanced by such action; and 62 63 WHEREAS, the Planning and Zoning Commission voted to postpone the rezone request for 64 Lots 2, 3, and 4 to the April 19, 2018 regular meeting to allow sufficient time for further input by 65 the City of Larsen Bay and residents and to accommodate a review of the City of Larsen Bay 66 annex to the 2008 Comprehensive Plan; and 67 68 WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 69 17.205.040, the Borough Assembly considered the merits of the rezone request as it applies to 70 Lot 1A, Block 3, Tract A, Larsen Bay Subdivision. 71 72 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 73 BOROUGH THAT: 74 75 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 76 Kodiak Island Borough Code of Ordinances. 77 78 Section 2: Lot 1A, Block 3, Tract A, Larsen Bay Subdivision are hereby rezoned from R1- 79 Single -Family Residential District to B-Business District. 80 81 Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in 82 support of their approval of this rezone. 83 84 1. The applicant desires to continue the use of an existing commercial lodge that has 85 operated on this R1-Single-Family Residential zoned lot for 19 years. Lodges are not a 86 permitted use in R1-Single-Family Residential zoning. Lodges are a permitted use in B- 87 Business zoning. Accordingly, the lot must be rezoned from R1-Single-Family 88 Residential District to B-Business District to allow the commercial lodge operation to 89 continue. 90 Kodiak Island Borough, Alaska Ordinance No. FY2018-06 Deletion — Red, Strikeout Page 2 of 3 Insertion — Bold, Blue, Underlined Version 1 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 112 113 114 115 116 117 118 119 120 121 122 123 124 2. The lot is situated within a mixed zoning area that includes R1 -Single -Family Residential, B -Business, and C -Conservation zoning and uses. The rezone is consistent with that mixed zoning. 3. The lot has adequately accommodated the existing lodge buildings and use for several years and appears to be suitable for such use. The lot is also of sufficient area to accommodate a variety of other uses that are allowed in B -Business zoning. 4. The rezone is consistent with the Mixed Commercial/Waterfront/Residential Comprehensive Plan Future Land Use Designation assigned to the lot (Case No. 17- 025). The rezone is also consistent with, and will further implement, various land use and economic goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. Effective Date: This ordinance shall become effective upon the provision of a current as -built survey and issuance of zoning compliance for all existing structures and established uses on the subject parcel. Should the as -built survey and zoning compliance requirement not be met within 36 months of Assembly approval, this approval shall become null and void ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS THIRD DAY OF MAY, 2018. KODIAK ISLAND BOROUGH Z% r— Daniel A. Rohrer, Mayor VOTES: Ayes: Smiley, Crow, Kavanaugh, and Schroeder Noes: Skinner, Symmons, and Van Daele Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined ATTTE/S�'T: —�q' D k"-L— Nova M. Javier, MMC, Clerk Ordinance No. FY2018-06 Page 3 of 3 Version 1