FY2018-05 Amending The 2008 Comprehensive Plan By Changing The Future Land Use Designation Of Lot 1A, Block 3 From Residential To Mixed Commercial / Waterfront / Residential (P&Z Case No. 17-025)1
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Introduced by: KIB Manager
Drafted by: P&Z Commission
Introduced on: 08/03/2017
Public Hearing Date: 08/17/2017
Postponed: 05/03/2018
Adopted on: 05/03/2018
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2018-05
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
THE 2008 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE
DESIGNATION OF LOT 1A, BLOCK 3, TRACT A, LARSEN BAY SUBDIVISION FROM
RESIDENTIAL TO MIXED COMMERCIAL / WATERFRONT / RESIDENTIAL (P&Z CASE NO.
17-025)
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 amend the 2008
Comprehensive Plan by changing the Future Land Use Designation of Lots 1A, 2, 3, and 4,
Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed Commercial/Waterfront/
Residential; 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
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Ordinance No. FY2018-05
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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
2008 Comprehensive Plan amendment request; and
WHEREAS, after receiving public testimony in opposition of the proposed 2008
Comprehensive Plan amendment, 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 advertised to all property owners in
the City of Larsen Bay, the Planning and Zoning Commission further considered the merits of
the 2008 Comprehensive Plan amendment 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 2008 Comprehensive Plan amendment for Lot 1A from
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 Lot 1A, 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, the Planning and Zoning Commission voted to postpone the Comprehensive
Plan amendment 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 residents and to accommodate a
review of the City of Larsen Bay annex to the 2008 Comprehensive Plan; and
WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code
17.205.040, the Borough Assembly considered the merits of the Comprehensive Plan
amendment request as it applies Lot 1A, Block 3, Tract A, Larsen Bay Subdivision.
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: The 2008 Comprehensive Plan Future Land Use Designation of Lot 1A, Block 3,
Tract A, Larsen Bay Subdivision is hereby changed from Residential to Mixed
Commercial/Waterfront/Residential.
Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in
support of their approval of this rezone.
Kodiak Island Borough, Alaska
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1. The applicant desires to continue the use of an existing commercial lodge that has
operated on this R1 -Single-family Residential zoned lot for 19 years. Lodges are not a
permitted use in R1 -Single Family Residential zoning. Lodges are a permitted use in B -
Business zoning. B -Business zoning is not consistent with the Residential Future Land
Use Designation assigned to the lot. Accordingly, the Future Land Use Designation of
the lot must be changed to a designation that is consistent with B -Business zoning to
facilitate the rezone required to allow the commercial lodge operation to continue.
2. The lot is situated among parcels that are assigned a mixture of Comprehensive Plan
Future Land Use Designations consisting of Residential, Commercial, Mixed
CommerciaVWaterfront/Residential, and Conservation. The amendment is consistent
with that mixture of designations.
3. The lot has adequately accommodated the existing lodge buildings and use for several
years and appears to be suitable for such use. The amendment will facilitate a rezone to
B -Business that will allow the existing lodge use to continue. The lot is also of sufficient
area to accommodate a variety of other commercial uses that would be permitted by
such a rezone.
4. The amendment is consistent with, and will further implement, various land use and
economic goals, policies, and implementation actions identified in the adopted
Comprehensive Plan.
5. The Planning and Zoning Commission recommends that the Borough Assembly approve
this 2008 Comprehensive Plan amendment.
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 THIRD DAY OF MAY, 2018.
KODIAK ISLAND BOROUGH
Daniel A. Rohrer, Mayor
VOTES:
Ayes: Smiley, Crow, Kavanaugh, and Schroeder
Noes: Skinner, Symmons, and Van Daele
Kodiak Island Borough, Alaska
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ATTEST:
Nova M. Javier, MMC, C erkk
Ordinance No. FY2018-05
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