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
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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.
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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
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