FY2019-02 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)
Kodiak Island Borough, Alaska Ordinance No. FY2019-02
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Introduced by: KIB Manager 1
Drafted by: P&Z Commission 2
Introduced on: 07/05/2018 3
Public Hearing Date:07/19/2018 4
Failed on: 07/19/2018 5
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KODIAK ISLAND BOROUGH 7
ORDINANCE NO. FY2019-02 8
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AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10
THE 2008 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE 11
DESIGNATION OF LOTS 2, 3, AND 4, BLOCK 3, TRACT A, LARSEN BAY SUBDIVISION 12
FROM RESIDENTIAL TO MIXED COMMERCIAL / WATERFRONT / RESIDENTIAL (P&Z 13
CASE NO. 17-025) 14
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WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, 16
platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 17
Statutes; and 18
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WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 20
Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 21
1968 Comprehensive Plan; and 22
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WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance 24
with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and 25
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WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 27
general welfare or good zoning practice requires, the assembly may, by ordinance and after 28
report thereon by the commission and public hearing as required by law, amend, supplement, 29
modify, repeal or otherwise change these regulations and the boundaries of the districts”; and 30
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WHEREAS, the Planning and Zoning Commission received a request to amend the 2008 32
Comprehensive Plan by changing the Future Land Use Designation of Lots 1A, 2, 3, and 4, 33
Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed Commercial/Waterfront/ 34
Residential; and 35
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WHEREAS, the request was submitted in an effort to bring an existing nonconforming 37
commercial lodge operation into compliance with Title 17 (Zoning) of the Borough Code; and 38
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WHEREAS, the aforementioned commercial lodge has been in operation on Lot 1A since 40
construction of the main lodge building in 1998 and, since 2009, has expanded onto Lots 2, 3, 41
and 4; and 42
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Kodiak Island Borough, Alaska Ordinance No. FY2019-02
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WHEREAS, on April 19, 2017, at an advertised public hearing consistent with Kodiak Island 44
Borough Code 17.205.040, the Planning and Zoning Commission considered the merits of the 45
2008 Comprehensive Plan amendment request; and 46
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WHEREAS, after receiving public testimony in opposition of the proposed 2008 48
Comprehensive Plan amendment, the Planning and Zoning Commission voted to postpone the 49
request to the June 21, 2017 regular meeting to allow additional time for further public input; and 50
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WHEREAS, at a June 21, 2017 public hearing that was noticed to all property owners in the 52
City of Larsen Bay, the Planning and Zoning Commission further considered the merits of the 53
2008 Comprehensive Plan amendment request; and 54
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WHEREAS, the Planning and Zoning Commission, in an effort to separately address the 56
longstanding commercial lodge use from the more recently expanded lodge use, voted to divide 57
the request by separating the proposed 2008 Comprehensive Plan amendment for Lot 1A from 58
Lots 2, 3, and 4; and 59
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WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough 61
Assembly that the 2008 Comprehensive Plan Future Land Use Designation of Lot 1A, Block 3, 62
Tract A, Larsen Bay Subdivision be changed from Residential to Mixed 63
Commercial/Waterfront/Residential, finding that the public necessity, convenience, general 64
welfare, and good zoning practice would be enhanced by such action; and 65
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WHEREAS, the Planning and Zoning Commission voted to postpone the Comprehensive 67
Plan amendment request for Lots 2, 3, and 4 to the April 19, 2018 Regular Meeting to allow 68
sufficient time for further input by the City of Larsen Bay and its residents; and 69
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WHEREAS, due to a lack of quorum, the April 19, 2018 Planning and Zoning Commission 71
Regular Meeting was cancelled, resulting in the request being further postponed to the May 16, 72
2018 Regular Meeting; and 73
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WHEREAS, at a May 16, 2018 public hearing that was noticed to all property owners in the 75
City of Larsen Bay, the Planning and Zoning Commission further considered the merits of the 76
2008 Comprehensive Plan amendment request as it applies to Lots 2, 3, and 4; and 77
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WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough 79
Assembly that the 2008 Comprehensive Plan Future Land Use Designation of Lots 2, 3, and 4, 80
Block 3, Tract A, Larsen Bay Subdivision be changed from Residential to Mixed 81
Commercial/Waterfront/Residential, finding that the public necessity, convenience, general 82
welfare, and good zoning practice would be enhanced by such action; and 83
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WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 85
17.205.040, the Borough Assembly considered the merits of the Comprehensive Plan 86
amendment request as it applies Lots 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision. 87
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Kodiak Island Borough, Alaska Ordinance No. FY2019-02
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NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 89
BOROUGH THAT: 90
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Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 92
Kodiak Island Borough Code of Ordinances. 93
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Section 2: The 2008 Comprehensive Plan Future Land Use Designation of Lots 2, 3, and 4, 95
Block 3, Tract A, Larsen Bay Subdivision are hereby changed from Residential to Mixed 96
Commercial/Waterfront/Residential. 97
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Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in 99
support of their approval of this rezone. 100
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1. For the past 9 years, the subject parcels and associated structures have been used to 102
support the operation of a commercial lodge that has operated on adjacent R1-Single-103
Family Residential zoned Lot 1A for the past 19 years. 104
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2. Lodges are not a permitted use in R1-Single Family Residential zoning. Lodges are a 106
permitted use in B-Business zoning. B-Business zoning is not consistent with the 107
Residential Future Land Use Designation assigned to the lots. 108
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3. To facilitate the rezone required to allow the parcels and associated structures to 110
continue to be used to support the longstanding adjacent commercial lodge operation, 111
the Future Land Use Designation of the lots must be changed to a designation that is 112
consistent with B-Business zoning. 113
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4. The lots are situated among parcels that are assigned a mixture of Comprehensive Plan 115
Future Land Use Designations consisting of Residential, Commercial, Mixed 116
Commercial/Waterfront/Residential, and Conservation. The amendment is consistent 117
with that mixture of designations. 118
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5. The lots have adequately accommodated the existing lodge buildings and use for 120
several years and appear to be suitable for such use. The amendment will facilitate a 121
rezone to B-Business that will allow the longstanding use to continue. The lots are also 122
of sufficient area to accommodate a variety of other commercial uses that would be 123
permitted by such a rezone. 124
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6. The amendment is consistent with, and will further implement, various land use and 126
economic goals, policies, and implementation actions identified in the adopted 127
Comprehensive Plan. 128
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7. The Planning and Zoning Commission recommends that the Borough Assembly approve 130
this 2008 Comprehensive Plan amendment. 131
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Effective Date: This ordinance shall become effective upon the provision of a current as-built 133
survey and issuance of zoning compliance for all existing structures and established uses on 134
Kodiak Island Borough, Alaska Ordinance No. FY2019-02
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the subject parcels. Should the as-built survey and zoning compliance requirement not be met 135
within 36 months of Assembly approval, this approval shall become null and void. 136
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ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 139
THIS __________ DAY OF _______________, 2018. 140
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KODIAK ISLAND BOROUGH ATTEST: 142
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___________________________ ___________________________ 145
Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 146
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VOTES: 148
Ayes: Schroeder, Smiley 149
Noes: Crow, Skinner, Symmons 150
Absent: Kavanaugh, Van Daele 151