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FY2019-02 FAILED - Amending The 2008 Comprehensive Plan1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Introduced by: KIB Manager Drafted by: P&Z Commission Introduced on: 07/05/2018 Public Hearing Date:07/19/2018 Failed on: 07/19/2018 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2019-02 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING THE 2008 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATION OF LOTS 2, 3, AND 4, 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 Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2019-02 Page 1 of 4 Version 1 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 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 noticed 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 CommerciaUWaterfront/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 its residents; and WHEREAS, due to a lack of quorum, the April 19, 2018 Planning and Zoning Commission Regular Meeting was cancelled, resulting in the request being further postponed to the May 16, 2018 Regular Meeting; and WHEREAS, at a May 16, 2018 public hearing that was noticed 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 as it applies to 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 Lots 2, 3, and 4, 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, 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 Lots 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2019-02 Page 2 of 4 Version 1 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 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 Lots 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision are 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. 1. For the past 9 years, the subject parcels and associated structures have been used to support the operation of a commercial lodge that has operated on adjacent R1 -Single - Family Residential zoned Lot 1A for the past 19 years. 2. 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 lots. 3. To facilitate the rezone required to allow the parcels and associated structures to continue to be used to support the longstanding adjacent commercial lodge operation, the Future Land Use Designation of the lots must be changed to a designation that is consistent with B -Business zoning. 4. The lots are situated among parcels that are assigned a mixture of Comprehensive Plan Future Land Use Designations consisting of Residential, Commercial, Mixed Commercial/Waterfront/Residential, and Conservation. The amendment is consistent with that mixture of designations. 5. The lots have adequately accommodated the existing lodge buildings and use for several years and appear to be suitable for such use. The amendment will facilitate a rezone to B -Business that will allow the longstanding use to continue. The lots are also of sufficient area to accommodate a variety of other commercial uses that would be permitted by such a rezone. 6. 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. 7. 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 Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2019-02 Page 3 of 4 Version 1 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 the subject parcels. 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 DAY OF 2018. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Schroeder, Smiley Noes: Crow, Skinner, Symmons Absent: Kavanaugh, Van Daele Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined ATTEST: Nova M. Javier, MMC, Clerk Ordinance No. FY2019-02 Page 4 of 4 Version 1