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FY2009-08 Rezone USS 4872 Larsen Bay Townsite, Tract A, Block 161 1 Introduced by: Manager Gifford 2 Requested by: P &ZC 3 Drafted by: CDD Staff 4 Introduced: 10/16/2008 5 Public Hearing: 11/06/2008 6 Adopted: 11/06/2008 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2009 -08 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 REZONING USS 4872 LARSEN BAY TOWNSITE, TRACT A, BLOCK 16, 12 LOT 12 FROM R1- SINGLE FAMILY RESIDENTIAL 13 TO B- BUSINESS ZONING DISTRICT (CASE NO. 08 -21) 14 15 WHEREAS, the Kodiak Lodge is an established hunting and fishing lodge in the community; 16 and 17 WHEREAS, owners of this establishment seek to rezone the parcel of land in keeping with its 18 current use as a lodge and to be consistent with the new KIB comprehensive plan that identifies 19 this parcel for commercial use; and 20 WHEREAS, the Planning and Zoning Commission (P &ZC) conducted meetings and public 21 hearings in Larsen Bay on this and other parcels; and 22 WHEREAS, P &ZC recommends the Assembly find that a rezone of this parcel to B- Business 23 is in keeping with the nature of the existing lodge operation and that it is consistent with the 24 2008 Comprehensive Plan that identifies this lot for commercial purposes; 25 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 26 BOROUGH that 27 Section 1: This ordinance is not of general application and shall not be codified 28 29 Section 2: Larsen Bay Townsite, Tract A, Block 16, Lot 12 be rezoned from R1- Single 30 Family Residential to B- Business District subject to the following effective clause: 31 32 "Prior to the rezone becoming effective, the petitioners will obtain zoning 33 compliance for all structures and uses located on the developed lots located 34 within the approved rezone area. Should the zoning compliance requirement not 35 be met within 24 months of Assembly approval, this approval shall become null 36 and void." 37 38 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are 39 hereby confirmed as follows: 40 17.72.020 A. Findings as to the Need and Justification for a Change or 41 Amendment. IE 42 The purpose of the rezone is intended to create commercial zoning districts to 43 accommodate existing lodge uses and structures located along the western side 44 of the Larsen Bay Subdivision near the small boat harbor. The petitioners have Kodiak Island Borough Ordinance No. FY2009 -08 Page 1 of 2 45 indicated that the rezone is needed as the only feasible way for them to move 46 into zoning compliance status. Staff analysis indicates that the nature and scale 47 of the current use appears to be more commercial at this point in time and that a 48 rezone to B- Business will create not likely result in additional commercial 49 development that would require additional resources from the city's limited 50 infrastructure system. With the recent update to the KIB Regional 51 Comprehensive Plan and it is now time to start making zoning decisions in order 52 to restore and maintain the balance between residential and commercial uses in 53 the Larsen Bay community. 54 55 Because the community leadership capacity has diminished in recent years due 56 to the turnover of leadership and administrative staff, the recommendations in 57 this case are limited to those Tots where existing lodge use and structures are 58 established in order to maintain the status quo level of both commercial benefits 59 to the community and related community impacts associated with lodge uses. 60 The current RUBA report and associated utility rate study, in conjunction with the 61 most recent resolution adopted by the Larsen Bay City Council indicate a need 62 for change to occur in the community leadership and administration in order to 63 re- establish continuity of government operations and restore community 64 sustainability before more commercial development potential is considered for 65 the Larsen Bay Community. 66 67 17.72.020 B. Findings as to the Effect a Change or Amendment would have on 68 the Obiectives of the Comprehensive Plan. E 69 The recommendation to approve this request is one based upon conditions in the 70 community and the recommendations of the 2008 KIB Comprehensive Plan 71 Update. A recommendation for approval would further the goals and objectives 72 of the comprehensive plan for Larsen Bay. 73 74 75 76 77 78 79 80 81 ATTEST: 82 83 84 85 86 87 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTH DAY OF NOVEMBER 2008 Nova M. Javier, Kodiak Island Borough , orough Clerk KODIAK ISLAND BOROUGH Je e M. Selby, - Borough avor Ordinance No. FY2009 -08 Page2of2