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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 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: 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 Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2019-15 Page 1 of 4 Version 1 46 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 89 90 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 Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2019-15 Page 2 of 4 Version 1 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 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 Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2019-15 Page 3 of 4 Version 1 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 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 Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2019-15 Page 4 of 4 Version 1