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FY2019-09 FAILED - Placing A Temporary Moratorium On The Acceptance And Processing Of Certain KIBC Title 17 (Zoning) Land Use Applications For Properties Located Within The Corporate Limits Of The City Of Larsen Bay.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 46 Introduced by: Borough Manager Drafted by: Acting CDD Director Introduced on: 08/16/3018 Public Hearing Date: 09/06/2018 Amended: 09/06/2018 Failed on: 09/06/2018 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2019-09 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH PLACING A TEMPORARY MORATORIUM ON THE ACCEPTANCE AND PROCESSING OF CERTAIN KIBC TITLE 17 (ZONING) LAND USE APPLICATIONS FOR PROPERTIES LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF LARSEN BAY. WHEREAS, an investigation into a May 25, 2016 complaint confirmed allegations that three longstanding commercial lodge operations were operating on eight R1 -Single -Family Residential zoned parcels in the City of Larsen Bay; and WHEREAS, that substantiated complaint prompted two lodge owners to attempt to bring their lodges into compliance by submitting requests to rezone five of the parcels from R1 -Single -Family Residential District to B -Business District; and WHEREAS, the Borough Assembly approved a rezone of one of these parcels and denied rezones for four of these parcels; and WHEREAS, as a result of the associated rezone requests and actions, the City of Larsen Bay requested an update to the Larsen Bay Annex of the 2008 Kodiak Island Borough Comprehensive Plan (City Resolution No. 17-11); and WHEREAS, Community Development Department staff worked with the community of Larsen Bay and held numerous public meetings to develop the proposed update; and WHEREAS, at their August 15, 2018 Regular Meeting, the Planning and Zoning Commission held a public hearing on an ordinance to amend KIBC 17.10 (Comprehensive Plan) by incorporating the proposed update; and WHEREAS, after that public hearing, in an effort to ensure adequate opportunity for public input, the Planning and Zoning Commission approved a motion to postpone their recommendation on the ordinance to accommodate an additional public hearing at their October 17, 2018 Regular Meeting; and WHEREAS, the Planning and Zoning Commission may further postpone their recommendation on the proposed update to accommodate additional public hearings, which will further delay the adoption of the plan; and Kodiak Island Borough, Alaska Ordinance No. FY2019-09 Page 1 of 2 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 WHEREAS, until such time that the proposed update is adopted or denied, decisions on certain newly -submitted land use applications would be partially based on consistency with the Larsen Bay Annex of the 2008 Kodiak Island Borough Comprehensive Plan, not the proposed update; and WHEREAS, at the August 9, 2018 Work Session the Borough Assembly discussed the need for a moratorium on accepting and processing certain land use applications for properties within the corporate boundaries of the City of Larsen Bay until the final decision on adopting the plan is rendered; and WHEREAS, after those discussions, the Borough Assembly directed staff to draft this moratorium ordinance for introduction at the August 16, 2018 Regular Meeting; and WHEREAS, at the August 16, 2018 Regular Meeting the Borough Assembly reviewed this moratorium ordinance and approved a motion to advance it to public hearing at the next Regular Meeting; and WHEREAS, at the August 30, 2018 Work Session, the Borough Assembly further considered the need for this moratorium; and WHEREAS, At the September 6, 2018 Regular Meeting, the Borough Assembly held a public hearing on this moratorium ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is not of a general and permanent nature and shall not become a part of the Kodiak Island Borough Code of Ordinances. Section 2: A temporary moratorium is hereby placed on the acceptance and processing of Kodiak Island Borough Code Title 17 (Zoning) Comprehensive Plan Future Land Use Designation amendment and rezone applications submitted for properties located within the corporate limits of the city of Larsen Bay: Section 3: This temporary moratorium shall take effect upon adoption and will only apply to those land use applications that are submitted on or after the date of adoption. Section 4: This temporary moratorium shall sunset on December 31, 2019. VOTES: Ayes: Crow Noes: Kavanaugh, Schroeder, Skinner, Smiley, Symmons, Van Daele Kodiak Island Borough, Alaska Ordinance No. FY2019-09 Page 2 of 2