FY2018-07 FAILED - Rezoning Lot 4, Block 19, Tract A, Larsen Bay Subdivision From R1-Single Family Residential District To B-Business District1
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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
Failed on:
05/03/2018
Reintroduced on:
06/07/2018
Public Hearing Date:
07/19/2018
Failed on:
07/19/2018
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2018-07
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING
LOT 4, BLOCK 19, TRACT A, LARSEN BAY SUBDIVISION FROM R1 -SINGLE-FAMILY
RESIDENTIAL DISTRICT TO B -BUSINESS DISTRICT (P&Z CASE NO. 17-030)
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 4, Block
19, 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 long standing
nonconforming commercial lodge operation into compliance with Title 17 (Zoning) of the
Borough Code; 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
Kodiak Island Borough, Alaska
Deletion — Red, Strikeout
Insertion — Bold, Blue, Underlined
Ordinance No. FY2018-07
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WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough
Assembly that Lot 4, Block 19, Tract A, Larsen Bay Subdivision 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, at an advertised public hearing, consistent with Kodiak Island Borough Code
17.205.040, the Borough Assembly considered the merits of the rezone request.
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: Lot 4, Block 19, 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 this R1 -Single -Family Residential zoned lot for 17 years. Lodges are not a
permitted use in R1 -Single -Family Residential zoning. Lodges are a permitted use in B -
Business zoning. Accordingly, the lot must be rezoned from R1 -Single -Family
Residential District to B -Business District to allow the commercial lodge operation to
continue.
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 also appears capable of
accommodating a variety of other uses that are allowed in B -Business zoning.
4. The rezone is consistent with the Commercial Comprehensive Plan Future Land Use
Designation assigned to the lot. 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 issuance of zoning compliance
for all existing structures and established uses on the subject parcel. Should the zoning
Kodiak Island Borough, Alaska
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Ordinance No. FY2018-07
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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 DAY OF 2018.
KODIAK ISLAND BOROUGH
Daniel A. Rohrer, Mayor
VOTES:
Votes on 07/19/2018
Ayes: Schroeder, Skinner, Smiley
No: Crow and Symmons
Absent: Kavanaguh and Van Daele
ATTEST:
Nova M. Javier, MMC, Clerk
Clerk's historical note:
Votes on 05/03/2018
Ayes: Kavanaugh, Schroeder, and Smiley
No: Crow
It takes a majority vote of the authorized members for a motion to carry (four members).
Since this ordinance has not failed two times in a row, the Assembly requested that it be
reintroduced on May 17, 2018. KIBC 2.30.070 (0) states "the same motion that receives the
same outcome two meetings in a row shall not be revisited for six months unless the members
by a majority vote agree to do so."
Kodiak Island Borough, Alaska
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Insertion — Bold, Blue, Underlined
Ordinance No. FY2018-07
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