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FY2019-11 Rezoning Lots In The Larsen Bay Subdivision From R1-Single-Family Residential District To B-Busines District (P&Z Case No. 19-008)1 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 Requested by: P&Z Commission Drafted by: Community Development Department Introduced on: 12/06/2018 Public Hearing Date: 12/20/2018 Adopted on: 12/20/2018 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2019-11 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING LOT 4, BLOCK 7 AND LOTS 3, 4, & 5, BLOCK 8 TRACT A, LARSEN BAY SUBDIVISION FROM R1 -SINGLE-FAMILY RESIDENTIAL DISTRICT TO B -BUSINESS DISTRICT (P&Z CASE NO. 19-008) 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 property owners applied for a rezone of this property from R1 -Single -Family Residential District to B -Business District on August 3, 2018; 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 on October 17, 2018; and WHEREAS, the Planning & Zoning Commission voted to recommend to the Borough Assembly that the site 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. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2019-11 Page 1 of 2 Version 1 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 89 90 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 7, and Lots 3,4, & 5, Block 8 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 these R1 -Single -Family Residential zoned lots for several years. Lodges are not a permitted use in R1 -Single -Family Residential zoning, but Lodges are a permitted use in B -Business zoning. Accordingly, the lots must be rezoned from 131 -Single -Family Residential District to B -Business District to allow the commercial lodge operation to continue. 2. The subject parcels are situated in a mixed zoning area that includes R1 -Single - Family -Residential, PL -Public Use Lands, and C -Conservation zoning with a variety of uses. 3. The subject parcels are of sufficient area and capable of providing building sites for commercial use. 4. This rezone is consistent with the Mixed Commercial/Waterfront/Residential designation assigned to the lots in the 2008 Comprehensive Plan. 5. This rezone is consistent with land use goals and policies identified in the 2008 Comprehensive Plan. 6. 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 structures and uses on the subject parcels. All structures and uses must comply with Chapter 17.90 (B -Business District) of the Borough code. Should the zoning compliance requirement not be met within 24 months of Assembly approval, this approval shall become null and void. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS TWENTIETH DAY OF DECEMBER, 2018. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor ATTEST: Nova M. Javier, MMC, Clerk VOTES: Ayes: Arndt, Kavanaugh, Schroeder, Skinner, Smiley, Symmons, Turner Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2019-11 Page 2 of 2 Version 1