FY2019-15 Amending Chapter 17.205 To Incorporate Procedures For Changing The Comprehensive Plan Future Land Use Designation For Approved Rezones That Are Not Consistent With The Assigned Comprehensive Plan Future Land Use Designation1
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Introduced by: Planning and Zoning Commission
Drafted by: Community Development Department
Introduced on: 12/20/2018
Public Hearing Date: 01/03/2019
Adopted on: 01/03/2019
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2019-15
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH AMENDING CHAPTER 17.205
(AMENDMENTS AND CHANGES) TO INCORPORATE PROCEDURES FOR CHANGING THE
COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION FOR APPROVED REZONES
THAT ARE NOT CONSISTENT WITH THE ASSIGNED COMPREHENSIVE PLAN FUTURE
LAND USE DESIGNATION (P&Z CASE NO. 19-011).
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. FY 2008-10) 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 Borough commonly receives applications to rezone a parcel or parcels to a
zoning district that is not consistent with the Comprehensive Plan Future Land Use Designation
(FLUD) assigned to the subject parcel or parcels, and
WHEREAS, such rezone requests may be approved if it has been determined that the rezone
is consistent with, and further implements, a sufficient number of Comprehensive Plan goals,
policies, and implementation actions; and
WHEREAS, when such rezone requests have been approved, the FLUID has correspondingly
been changed to a designation that is consistent with the new zoning; and
WHEREAS, Title 17 (Zoning) of the Kodiak Island Borough Code provides no specific process
for changing the FLUID when such rezones are approved; and
Kodiak Island Borough, Alaska
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Ordinance No. FY2019-15
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WHEREAS, the rezone procedures listed in KIBC 17.205 (Amendments and Changes) have
historically been used to process such FLUID changes as a separate request that proceeded the
corresponding rezone request; and
WHEREAS, that procedure resulted in a duplicate process that created unnecessary
administrative burdens for the applicant, staff, Planning and Zoning Commission, and Borough
Assembly; and
WHEREAS; these amendments to KIBC 17.205 (Amendments and Changes) will incorporate
specific procedures that eliminate those administrative burdens by automatically changing the
FLUD of a parcel or parcels to a designation that is consistent with an approved corresponding
rezone of the parcel or parcels; and
WHEREAS, the Planning and Zoning Commission reviewed the proposed changes at Their
October 10, 2018 and November 7, 2018 Work Sessions; and
WHEREAS, the Planning and Zoning Commission, following a public hearing on November 14,
2018, voted to transmit the revisions to KIBC 17.205 to the Borough Assembly with a
recommendation for approval; and
WHEREAS, the Borough Assembly reviewed the proposed changes at their December 13,
2018 and December 27, 2018 Work Sessions; and
WHEREAS, the Borough Assembly held a public hearing on January 3, 2019 to consider the
merits of the proposed amendments.
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; and
Section 2: Chapter 17.205 Amendments and Changes of the Kodiak Island Borough Code of
Ordinances is hereby amended to read as follows:
Chapter 17.205
AMENDMENTS AND CHANGES
Sections:
17.205.010 Authority.
17.205.020 Report from planning and zoning commission.
17.205.030 Manner of initiation.
17.205.040 Hearing and notice on rezones.
17.205.050 Rezones may include additional property.
17.205.055 Submission to assembly.
Kodiak Island Borough, Alaska
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17.205.060 Hearing determination.
17.205.070 Hearing — Required — Notice.
17.205.075 Comprehensive Plan Future Land Use Designation Consistency
17.205.080 Repealed.
17.205.010 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 otherwise change these regulations
and the boundaries of the districts. [Ord. FY2018-14 §2, 2018; Ord. 83-58-0 §1, 1983. Formerly
§17.72.010].
17.205.075 Comprehensive Plan Future Land Use Designation Consistency.
The following applies to all approved rezones that are not consistent with assigned
Comprehensive Plan Future Land Use Designations:
A. The Comprehensive Plan Future Land Use Designation of the parcel or parcels shall be
changed to a designation that is consistent with the new zoning; and
B. Any such Comprehensive Plan Future Land Use Designation change shall become
effective upon the effective date of the corresponding rezone; and
C. The ordinance approving the rezone shall contain a section that specifies the newly
assigned Comprehensive Plan Future Land Use Designation of the rezoned parcel or
parcels.
17.205.080 Boundary change — Protest.
Repealed by Ord. 93-20. [Ord. 83-58-0 §1, 1983. Formerly §17.72.080].
Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in
support of their approval of these amendments:
A rezone of a parcel or parcels that is not consistent with the Comprehensive
Plan Future Land Use Designation (FLUD) assigned to the subject parcel or
parcels may be approved if the rezone is consistent with, and further
implements, a sufficient number of Comprehensive Plan goals, policies, and
implementation actions.
2. When such rezone requests have been approved, the FLUID has
correspondingly been changed to a designation that is consistent with the new
zoning.
3. Title 17 (Zoning) of the Kodiak Island Borough Code provides no specific
process for changing the FLUID when such rezones are approved.
Kodiak Island Borough, Alaska
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4. The rezone procedures listed in KIBC 17.205 (Amendments and Changes)
have historically been used to process such FLUD changes as a separate
request that proceeded the corresponding rezone request. That procedure
resulted in a duplicate process that created unnecessary administrative burdens
for the applicant, staff, Planning and Zoning Commission, and Borough
Assembly.
5. These amendments to KIBC 17.205 (Amendments and Changes) incorporate
specific procedures that eliminate those administrative burdens by
automatically changing the FLUD of a parcel or parcels to a designation that is
consistent with an approved corresponding rezone of the parcel or parcels.
6. This ordinance is consistent with, and will further implement, certain land use
goals and implementation actions identified in the 2008 Comprehensive Plan.
7. The Planning and Zoning Commission recommended that the Borough
Assembly approve this ordinance.
Effective Date: This ordinance takes effect upon adoption.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS THIRD DAY OF JANUARY, 2019.
KODIAK ISLAND BOROUGH ATTEST:
t -01 ""
Daniel A. Rohrer, Mayor Nova M. Javier, MMq Clerk
UNANIMOUS VOTE:
Ayes: Arndt, Kavanaugh, Schroeder, Smiley, Symmons, Turner
Noes: Skinner
Kodiak Island Borough, Alaska
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