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FY2009-09 Rezoning Larsen Bay Townsite, Tract A, Lots 2 and 31 Introduced by: Manager Gifford 2 Requested by: P &ZC 3 Drafted by: CDD Staff 4 Introduced: 10/16/2008 5 Public Hearing: 11/06/2008 6 Adopted: 11/06/2008 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2009 -09 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 11 LARSEN BAY TOWNSITE, TRACT A, LOTS 1 AND 3 FROM R1- SINGLE FAMILY 12 RESIDENTIAL TO B- BUSINESS DISTRICT (CASE NO. 03 -011) 13 14 WHEREAS, the Larsen Bay Lodge is a long established hunting and fishing lodge; and 15 WHEREAS, owners of this establishment initially sought to rezone the parcels of land that the 16 lodge is located upon from R1- Single Family Residential to B- Business in 2003, in keeping 17 with the use of the property for lodge purposes; and 18 WHEREAS, the Planning and Zoning Commission (P &ZC) tabled this initial rezone request in 19 2003 pending completion of the new Kodiak Island Borough Comprehensive Plan; and 20 WHEREAS, upon completion of the Comprehensive Plan, the P &ZC conducted meetings and 21 public hearings in Larsen Bay on this and other parcels; and 22 WHEREAS, the commission is recommending that the Assembly find that a rezone to B- 23 Business zoning district by lots making up this commercial venture is generally consistent with 24 the Comprehensive Plan; 25 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 26 BOROUGH that 27 Section 1: This ordinance is not of general application and shall not be codified 28 29 Section 2: Larsen Bay Townsite, Tract A, Lots 1 and 3 be rezoned from R1- Single Family 30 Residential to B- Business District subject to the effective clause stating: 31 "Prior to the rezone becoming effective, the petitioners will obtain zoning 32 compliance for all structures and uses located on the developed lots located 33 within the approved rezone area. Should the zoning compliance requirement not 34 be met within 24 months of Assembly approval, this approval shall become null 35 and void." 36 37 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are 38 hereby confirmed as follows: 39 17.72.020 A. Findings as to the Need and Justification for a Change or 40 Amendment. 41 The purpose of the rezone is intended to create commercial zoning district to 42 accommodate existing lodge uses and structures located along the eastern edge 43 of the Larsen Bay Subdivision. The petitioners have indicated that the rezone is Kodiak Island Borough Ordinance No. FY2009 -09 Page 1 of 2 44 needed as the only feasible way for them to move into zoning compliance status. 45 This request has been held in abeyance for five or more years awaiting an 46 update to the KIB Regional Comprehensive Plan and it is now time to make 47 these long awaited decisions in order to restore and maintain the balance 48 between residential and commercial uses in the Larsen Bay community. 49 50 Because the community leadership capacity has diminished in recent years due 51 to the turnover of leadership and administrative staff, the recommendations in 52 this case are limited to those lots where existing lodge use and structures are 53 established in order to maintain the status quo level of both commercial benefits 54 to the community and related community impacts associated with lodge uses. 55 The current RUBA report and associated utility rate study, in conjunction with the 56 most recent resolution adopted by the Larsen Bay City Council indicate a need 57 for change to occur in the community leadership and administration in order to 58 re- establish continuity of government operations and restore community 59 sustainability before more commercial development potential is considered for 60 the Larsen Bay Community. 61 62 17.72.020 B. Findings as to the Effect a Change or Amendment would have on 63 the Obiectives of the Comprehensive Plan. 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 ATTEST: d J Nova M. Javier, Kodiak Island Borough The Kodiak Island Borough has not established a Mixed -Use zone in order to fulfill the literal intent of the plan designation. As a result, the Mixed -Use designation will need to be fulfilled on a case -by -case, lot -by -lot, zone -by -zone basis, in conformity with a generalized view of the comprehensive plan designations as previously discussed in the staff report. While the recommended zone changes are not entirely consistent with the explicit plan map designations in the KIB Regional Comprehensive Plan Update, the recommendations do take into account existing development patterns, community comments, plan recommendations (generally) and the sustainability of the community infrastructure and social fabric of the community. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTH DAY OF NOVEMBER 2008 KODIAK ISLAND BOROUGH e me M. Selby, Borough Ma Ordinance No. FY2009 -09 Page2of2