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FY2019-08 Placing A Temporary Moratorium On The Enforcement Of Existing Violations Of Title 17 (Zoning) Of The Borough Code For All Properties Located Within The Corporate Limits Of The City Of Larsen Bay1 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 44 45 Introduced by: Borough Manager Drafted by: CDD Director Introduced on: 08/16/2018 Public Hearing Date: 09/06/2018 Amended: 09/06/2018 Adopted on:09/06/2018 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2019-08 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH PLACING A TEMPORARY MORATORIUM ON THE ENFORCEMENT OF EXISTING VIOLATIONS OF TITLE 17 (ZONING) OF THE BOROUGH CODE FOR ALL PROPERTIES LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF LARSEN BAY WHEREAS, an investigation into a May 25, 2016 complaint confirmed allegations that three longstanding commercial lodge operations were operating on eight R1 -Single -Family Residential zoned parcels in the City of Larsen Bay; and WHEREAS, that substantiated complaint prompted two lodge owners to attempt to bring their lodges into compliance by submitting requests to rezone five of the parcels from R1 -Single -Family Residential District to B -Business District; and WHEREAS, the Borough Assembly approved a rezone of one of these parcels and denied rezones for four of these parcels; and WHEREAS, to currently comply with Kodiak Island Borough Code Title 17 (Zoning), the affected lodge owners must cease and desist all lodge related activities taking place on their R1 -Single - Family Residential zoned properties; and WHEREAS, the affected commercial lodge owners have not completed their 2018 season and have booked clients through the end of that season; and WHEREAS, placing a temporary moratorium on the enforcement of existing violations of Kodiak Island Borough Code Title 17 (Zoning) will allow those affected lodge owners to continue to operate their lodges through the end of the 2019 season; and WHEREAS, at the August 9, 2018 Work Session the Borough Assembly discussed the need for a moratorium on the enforcement of existing violations of Title 17 (zoning) of the Borough Code for properties located within the corporate limits of the city of Larsen Bay until the final decision on adopting the plan is rendered; and WHEREAS, after those discussions, the Borough Assembly directed staff to draft this moratorium ordinance for introduction at the August 16, 2018 Regular Meeting; and Kodiak Island Borough, Alaska Ordinance No. FY2019-08 Page 1 of 2 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 WHEREAS, at the August 16, 2018 Regular Meeting the Borough Assembly reviewed this moratorium ordinance and approved a motion to advance it to public hearing at the next Regular Meeting; and WHEREAS, at the August 30, 2018 Work Session, the Borough Assembly further considered the need for this moratorium; and WHEREAS, At the September 6, 2018 Regular meeting, the Borough Assembly held a public hearing on this moratorium ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is not of a general and permanent nature and shall not become a part of the Kodiak Island Borough Code of Ordinances. Section 2: A temporary moratorium is hereby placed on the enforcement of Kodiak Island Borough Code Title 17 (Zoning) violations that occurred on any property within the corporate limits of the City of Larsen Bay prior to the adoption of this ordinance (existing violations). Section 3: This temporary moratorium shall not apply to any Kodiak Island Borough Code Title 17 (Zoning) violations that occurred on any property within the corporate limits of the City of Larsen Bay after the date of adoption of this ordinance (new violations). Section 4: This temporary moratorium shall take effect upon adoption and shall sunset on December 31, 2019. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTH DAY OF SEPTEMBER, 2018. KODIAK ISLANDBOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Crow, Schroeder, Skinner, and Van Daele Noes: Kavanaugh, Smiley, and Symmons Kodiak Island Borough, Alaska ATTEST: M. Javier, Ordinance No. FY2019-08 Page 2 of 2