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
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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
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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
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