FY2019-09 Placing A Temporary Moratorium On The Acceptance And Processing Of Certain KIBC Title 17 (Zoning) Land Use Applications For Properties Located Within The Corporate Limits Of The City Of Larsen Bay
Kodiak Island Borough, Alaska Ordinance No. FY2019-09
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Introduced by: Borough Manager 1
Drafted by: Acting CDD Director 2
Introduced on: 08/16/3018 3
Public Hearing Date: 09/06/2018 4
Amended: 09/06/2018 5
Failed on: 09/06/2018 6
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KODIAK ISLAND BOROUGH 8
ORDINANCE NO. FY2019-09 9
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AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH PLACING A 11
TEMPORARY MORATORIUM ON THE ACCEPTANCE AND PROCESSING OF CERTAIN 12
KIBC TITLE 17 (ZONING) LAND USE APPLICATIONS FOR PROPERTIES LOCATED WITHIN 13
THE CORPORATE LIMITS OF THE CITY OF LARSEN BAY. 14
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WHEREAS, an investigation into a May 25, 2016 complaint confirmed allegations that three 16
longstanding commercial lodge operations were operating on eight R1-Single-Family Residential 17
zoned parcels in the City of Larsen Bay; and 18
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WHEREAS, that substantiated complaint prompted two lodge owners to attempt to bring their 20
lodges into compliance by submitting requests to rezone five of the parcels from R1-Single-Family 21
Residential District to B-Business District; and 22
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WHEREAS, the Borough Assembly approved a rezone of one of these parcels and denied 24
rezones for four of these parcels; and 25
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WHEREAS, as a result of the associated rezone requests and actions, the City of Larsen Bay 27
requested an update to the Larsen Bay Annex of the 2008 Kodiak Island Borough Comprehensive 28
Plan (City Resolution No. 17-11); and 29
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WHEREAS, Community Development Department staff worked with the community of Larsen 31
Bay and held numerous public meetings to develop the proposed update; and 32
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WHEREAS, at their August 15, 2018 Regular Meeting, the Planning and Zoning Commission 34
held a public hearing on an ordinance to amend KIBC 17.10 (Comprehensive Plan) by 35
incorporating the proposed update; and 36
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WHEREAS, after that public hearing, in an effort to ensure adequate opportunity for public 38
input, the Planning and Zoning Commission approved a motion to postpone their recommendation 39
on the ordinance to accommodate an additional public hearing at their October 17, 2018 Regular 40
Meeting; and 41
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WHEREAS, the Planning and Zoning Commission may further postpone their recommendation 43
on the proposed update to accommodate additional public hearings, which will further delay the 44
adoption of the plan; and 45
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Kodiak Island Borough, Alaska Ordinance No. FY2019-09
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WHEREAS, until such time that the proposed update is adopted or denied, decisions on certain 47
newly-submitted land use applications would be partially based on consistency with the Larsen 48
Bay Annex of the 2008 Kodiak Island Borough Comprehensive Plan, not the proposed update; 49
and 50
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WHEREAS, at the August 9, 2018 Work Session the Borough Assembly discussed the need 52
for a moratorium on accepting and processing certain land use applications for properties within 53
the corporate boundaries of the City of Larsen Bay until the final decision on adopting the plan is 54
rendered; and 55
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WHEREAS, after those discussions, the Borough Assembly directed staff to draft this 57
moratorium ordinance for introduction at the August 16, 2018 Regular Meeting; and 58
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WHEREAS, at the August 16, 2018 Regular Meeting the Borough Assembly reviewed this 60
moratorium ordinance and approved a motion to advance it to public hearing at the next Regular 61
Meeting; and 62
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WHEREAS, at the August 30, 2018 Work Session, the Borough Assembly further considered 64
the need for this moratorium; and 65
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WHEREAS, At the September 6, 2018 Regular Meeting, the Borough Assembly held a public 67
hearing on this moratorium ordinance. 68
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NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 70
BOROUGH THAT: 71
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Section 1: This ordinance is not of a general and permanent nature and shall not become a part 73
of the Kodiak Island Borough Code of Ordinances. 74
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Section 2: A temporary moratorium is hereby placed on the acceptance and processing of Kodiak 76
Island Borough Code Title 17 (Zoning) Comprehensive Plan Future Land Use Designation 77
amendment and rezone applications submitted for properties located within the corporate limits 78
of the city of Larsen Bay: 79
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Section 3: This temporary moratorium shall take effect upon adoption and will only apply to those 81
land use applications that are submitted on or after the date of adoption. 82
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Section 4: This temporary moratorium shall sunset on December 31, 2019. 84
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VOTES: 86
Ayes: Crow 87
Noes: Kavanaugh, Schroeder, Skinner, Smiley, Symmons, Van Daele 88