FY2019-03 Rezoning Lots 2, 3, And 4, Block 3, Tract A, Larsen Bay Subdivision From Family Residential District To Business District (P&Z Case No. 17-026)1
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Introduced by: KIB Manager
Drafted by: P&Z Commission
Introduced on: 07/05/2018
Public Hearing Date: 07/19/2018
Failed on: 07/19/2018
Reintroduced on: 02/07/2019
Public Hearing Date: 03/07/2019
Adopted on: 03/07/2019
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2019-03
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING
LOTS 2, 3, AND 4, 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
Kodiak Island Borough, Alaska
Ordinance No. FY2019-03
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WHEREAS, on April 19, 2017, at an advertised public hearing consistent with Kodiak Island
Borough Code 17.205.040, the Planning and Zoning Commission considered the merits of the
rezone request; and
WHEREAS, after receiving public testimony in opposition of the proposed rezone, the
Planning and Zoning Commission voted to postpone the request to the June 21, 2017 Regular
Meeting to allow additional time for further public input; and
WHEREAS, at a June 21, 2017 public hearing that was noticed to all property owners in the
City of Larsen Bay, the Planning and Zoning Commission further considered the merits of the
rezone request; and
WHEREAS, the Planning and Zoning Commission, in an effort to separately address the
longstanding commercial lodge use from the more recently expanded lodge use, voted to divide
the request by separating the proposed rezone for Lot 1A from Lots 2, 3, and 4; and
WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough
Assembly that Lot 1A, Block 3, Tract A, Larsen Bay Subdivision be rezoned from R1 -Single -
Family Residential District to B -Business District, finding that the public necessity, convenience,
general welfare, and good zoning practice would be enhanced by such action; and
WHEREAS, the Planning and Zoning Commission voted to postpone the rezone request for
Lots 2, 3, and 4 to the April 19, 2018 regular meeting to allow sufficient time for further input by
the City of Larsen Bay and its residents; and
WHEREAS, due to a lack of quorum, the April 19, 2018 Planning and Zoning Commission
Regular Meeting was cancelled, resulting in the request being further postponed to the May 16,
2018 Regular Meeting; and
WHEREAS, at a May 16, 2018 public hearing that was noticed to all property owners in the
City of Larsen Bay, the Planning and Zoning Commission further considered the merits of the
rezone request as it applies to Lots 2, 3, and 4; and
WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough
Assembly that the 2008 Comprehensive Plan Future Land Use Designation of Lots 2, 3, and 4,
Block 3, Tract A, Larsen Bay Subdivision be changed from Residential to Mixed
Commercial/Waterfront/Residential, finding that the public necessity, convenience, general
welfare, and good zoning practice would be enhanced by such action; and
WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code
17.205.040, the Borough Assembly considered the merits of the rezone request as it applies
Lots 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision.
Kodiak Island Borough, Alaska Ordinance No. FY2019-03
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NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the
Kodiak Island Borough Code of Ordinances.
Section 2: Lots 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision are hereby rezoned from
R1 -Single -Family Residential District to B -Business District.
Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in
support of their approval of this rezone.
1. For the past 9 years, the subject parcels and associated structures have been used to
support the operation of a commercial lodge that has operated on adjacent R1 -Single -
Family Residential zoned Lot 1A for the past 19 years.
2. Lodges are not a permitted use in R1 -Single Family Residential zoning. Lodges are a
permitted use in B -Business zoning. Accordingly, to continue the existing lodge use
requires that the parcels be rezoned from R1 -Single -Family Residential District to B -
Business District.
3. The lots are 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.
4. The lots have adequately accommodated the existing lodge buildings and use for
several years and appear to be suitable for such use. The lots are also of sufficient area
to accommodate a variety of other uses that are allowed in B -Business zoning.
5. 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.
6. The Planning and Zoning Commission recommends that the Borough Assembly approve
this rezone.
Kodiak Island Borough, Alaska
Ordinance No. FY2019-03
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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 BO UGH
THIS SEVENTH DAY OF MARCH,_204:15- to[ Q (
KODIAK ISLAND BOROUGH
Daniel A. Rohrer, Mayor
VOTES:
Ayes: Skinner, Smiley, Symmons, Turner, and Arndt
Noes: Kavanaugh and Schroeder
Kodiak Island Borough, Alaska
ATTEST:
ova M. Javier, MMC, C erk
ND eo
2
\ASKA�1�
Ordinance No. FY2019-03
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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 SEVENTH DAY OF MARCH, 2018.
KODIAK ISLAND BOROUGH
Daniel A. Rohrer, Mayor
VOTES:
Ayes: Skinner, Smiley, Symmons, Turner, and Arndt
Noes: Kavanaugh and Schroeder
Kodiak Island Borough, Alaska
ATTEST:
ova M. Javier, MMC, C erk
Ordinance No. FY2019-03
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