FY2018-06 Rezoning Lot In Larsen Bay Subdivision From R1-Single-Family Residential District To B-Business District (P&Z Case No. 17-026)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. FY2018-06
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING
LOT 1A, 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
WHEREAS, on April 19, 2017, at an advertised public hearing cpnsistent with Kodiak Island
Borough Code 17.205.040, the Planning and Zoning Commission considered the merits of the
rezone request; and
Kodiak Island Borough, Alaska
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Ordinance No. FY2018-06
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46 WHEREAS, after receiving public testimony in opposition of the proposed rezone, the
47 Planning and Zoning Commission voted to postpone the request to the June 21, 2017 regular
48 meeting to allow additional time for further public input; and
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50 WHEREAS, at a June 21, 2017 public hearing that was advertised to all property owners in
51 the City of Larsen Bay, the Planning and Zoning Commission further considered the merits of
52 the rezone request; and
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54 WHEREAS, the Planning and Zoning Commission, in an effort to separately address the
55 longstanding commercial lodge use from the more recently expanded lodge use, voted to divide
56 the request by separating the proposed rezone for Lot 1A from Lots 2, 3, and 4; and
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58 WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough
59 Assembly that Lot 1A, Block 3, Tract A, Larsen Bay Subdivision be rezoned from R1-Single-
60 Family Residential District to B-Business District, finding that the public necessity, convenience,
61 general welfare, and good zoning practice would be enhanced by such action; and
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63 WHEREAS, the Planning and Zoning Commission voted to postpone the rezone request for
64 Lots 2, 3, and 4 to the April 19, 2018 regular meeting to allow sufficient time for further input by
65 the City of Larsen Bay and residents and to accommodate a review of the City of Larsen Bay
66 annex to the 2008 Comprehensive Plan; and
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68 WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code
69 17.205.040, the Borough Assembly considered the merits of the rezone request as it applies to
70 Lot 1A, Block 3, Tract A, Larsen Bay Subdivision.
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72 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
73 BOROUGH THAT:
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75 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the
76 Kodiak Island Borough Code of Ordinances.
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78 Section 2: Lot 1A, Block 3, Tract A, Larsen Bay Subdivision are hereby rezoned from R1-
79 Single -Family Residential District to B-Business District.
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81 Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in
82 support of their approval of this rezone.
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84 1. The applicant desires to continue the use of an existing commercial lodge that has
85 operated on this R1-Single-Family Residential zoned lot for 19 years. Lodges are not a
86 permitted use in R1-Single-Family Residential zoning. Lodges are a permitted use in B-
87 Business zoning. Accordingly, the lot must be rezoned from R1-Single-Family
88 Residential District to B-Business District to allow the commercial lodge operation to
89 continue.
90
Kodiak Island Borough, Alaska Ordinance No. FY2018-06
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2. The lot is 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.
3. The lot has adequately accommodated the existing lodge buildings and use for several
years and appears to be suitable for such use. The lot is also of sufficient area to
accommodate a variety of other uses that are allowed in B -Business zoning.
4. 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.
5. The Planning and Zoning Commission recommends that the Borough Assembly approve
this rezone.
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
Z% r—
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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ATTTE/S�'T:
—�q' D k"-L—
Nova M. Javier, MMC, Clerk
Ordinance No. FY2018-06
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