FY2017-18 Rezonung lot 13, block 16, Tract A, Larsen Bay Subdivision from R1-Single-Family residential district to B-Business District. (P&Z Case No. 16-038)rd
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Introduced by:
Requested by:
Drafted by:
Introduced:
Public Hearing:
Adopted:
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2017-18
Borough Manager
Planning and Zoning Commission
Commission
Community Development
Department
10/06/2016
10/20/2016
10/20/2016
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH REZONING LOT 13, BLOCK 16, TRACT A, LARSEN BAY
SUBDIVISION FROM R1 -SINGLE-FAMILY RESIDENTIAL DISTRICT
TO B -BUSINESS DISTRICT (P&Z CASE NO. 16-038)
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 Lot 13,
Block 16, Tract A, Larsen Bay Subdivision from R1 -Single-family Residential District to B -
Business District; 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; and
WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough
Assembly that the lot 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 hereby recommends that this rezone
be reviewed and approved by the Borough Assembly.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that:
Kodiak Island Borough, Alaska
Ordinance No. FY2017-18
Page 1 of 2
53 Section 1: This ordinance is not of a general and permanent nature and shall not become
54 a part of the Kodiak Island Borough Code of Ordinances.
55
56 Section 2: Lot 13, Block 16, Tract A, Larsen Bay Subdivision is hereby rezoned from R1-
57 Single -family Residential District to B-Business District.
58
59 Section 3: This ordinance shall become effective upon the issuance of zoning compliance
60 for all existing structures and established uses on the subject parcel. Should
61 the zoning compliance requirement not be met within 24 months of Assembly
62 approval, this approval shall become null and void.
63
64 Section 4: By this ordinance, the Borough Assembly adopts the following findings of fact
65 in support of their approval of this rezone.
66
67 1. The applicant desires to continue the use of an existing commercial lodge that has
68 operated without zoning compliance on this R1-Single-family Residential zoned lot since
69 2005. Lodges are not a permitted use in R1-Single Family Residential zoning. Lodges are
70 a permitted use in B-Business zoning. Accordingly, a rezone to B-Business is needed to
71 obtain the required zoning compliance that will allow the lodge operation to continue.
72
73 2. The lot is situated within a mixed zoning area that includes R1-Single-family Residential, B-
74 Business, and C-Conservation zoning.
75
76 3. The lot is adjacent to a B-Business zoned parcel that is developed with a commercial
77 lodge.
78
79 4. The lot has accommodated the existing lodge buildings and use for 11 years and appears
80 suitable for that use. The lot is also of sufficient area to accommodate a variety of other
81 uses that are allowed in B-Business zoning.
82
83 5. The rezone is consistent with the Commercial Comprehensive Plan Future Land Use
84 Designation assigned to this lot. The rezone is also consistent with, and will further
85 implement, various goals, policies, and implementation actions identified in the adopted
86 Comprehensive Plan.
87
88 6. The Planning and Zoning Commission recommended that the Borough Assembly approve
89 this rezone.
90
91 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
92 THIS TWENTIETH DAY OF OCTOBER, 2016
93
94 KODIAK ISLAND BOROUGH
95
96 Il�l�6Le(°lu ��— f tU+'
97 Jerrol Friend, Borough Mayor
98 A7 EST:
99
100
101 l4ova M. Javier, MM4, Borough Clerk
102
103 VOTES:
104 Yes: LeDoux, Rohrer, Skinner, Smiley
105 No: Crow, Symmons
106 Absent: Peterson
Kodiak Island Borough, Alaska Ordinance No. FY2017-18
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