FY2019-11 Rezoning Lots In The Larsen Bay Subdivision From R1-Single-Family Residential District To B-Busines District (P&Z Case No. 19-008)1
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Introduced by: Borough Manager
Requested by: P&Z Commission
Drafted by: Community Development Department
Introduced on: 12/06/2018
Public Hearing Date: 12/20/2018
Adopted on: 12/20/2018
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2019-11
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING LOT
4, BLOCK 7 AND LOTS 3, 4, & 5, BLOCK 8 TRACT A, LARSEN BAY SUBDIVISION FROM
R1 -SINGLE-FAMILY RESIDENTIAL DISTRICT TO B -BUSINESS DISTRICT (P&Z CASE NO.
19-008)
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 property owners applied for a rezone of this property from R1 -Single -Family
Residential District to B -Business District on August 3, 2018; and
WHEREAS, 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
on October 17, 2018; and
WHEREAS, the Planning & Zoning Commission voted to recommend to the Borough Assembly
that the site 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.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Kodiak Island Borough, Alaska
Deletion — Red, Strikeout
Insertion — Bold, Blue, Underlined
Ordinance No. FY2019-11
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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: Lot 4, Block 7, and Lots 3,4, & 5, Block 8 Tract A, Larsen Bay Subdivision is 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. The applicant desires to continue the use of an existing commercial lodge that has
operated on these R1 -Single -Family Residential zoned lots for several years.
Lodges are not a permitted use in R1 -Single -Family Residential zoning, but
Lodges are a permitted use in B -Business zoning. Accordingly, the lots must be
rezoned from 131 -Single -Family Residential District to B -Business District to allow
the commercial lodge operation to continue.
2. The subject parcels are situated in a mixed zoning area that includes R1 -Single -
Family -Residential, PL -Public Use Lands, and C -Conservation zoning with a
variety of uses.
3. The subject parcels are of sufficient area and capable of providing building sites
for commercial use.
4. This rezone is consistent with the Mixed Commercial/Waterfront/Residential
designation assigned to the lots in the 2008 Comprehensive Plan.
5. This rezone is consistent with land use goals and policies identified in the 2008
Comprehensive Plan.
6. The Planning and Zoning Commission recommends that the Borough Assembly
approve this rezone.
Effective Date: This ordinance shall become effective upon the issuance of zoning compliance
for all structures and uses on the subject parcels. All structures and uses must comply with
Chapter 17.90 (B -Business District) of the Borough code. Should the zoning compliance
requirement not be met within 24 months of Assembly approval, this approval shall become null
and void.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS TWENTIETH DAY OF DECEMBER, 2018.
KODIAK ISLAND BOROUGH
Daniel A. Rohrer, Mayor
ATTEST:
Nova M. Javier, MMC, Clerk
VOTES:
Ayes: Arndt, Kavanaugh, Schroeder, Skinner, Smiley, Symmons, Turner
Kodiak Island Borough, Alaska
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Insertion — Bold, Blue, Underlined
Ordinance No. FY2019-11
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