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FY2009-11 Rezoning Larsen Bay Property1 1 2 3 4 5 6 31 32 33 34 35 36 37 38 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2009 -11 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING A 11 TRACT OF LAND IN THE LARSEN BAY TOWNSITE LEGALLY DESCRIBED 12 AS TRACT A, BLOCK 3, LOT 1 FROM R1- SINGLE FAMILY RESIDENTIAL 13 TO B- BUSINESS DISTRICT (CASE 03 -011) 14 15 WHEREAS, the Uyak Bay Lodge is a long established hunting and fishing lodge; and 16 WHEREAS, owners of this establishment initially sought to rezone the parcels of land that the 17 lodge is located upon from R1- Single Family Residential to B- Business in 2003, in keeping with 18 the use of the property for lodge purposes; and 19 WHEREAS, the Commission postponed this initial rezone request in 2003 pending completion 20 of the new Kodiak Island Borough Comprehensive Plan; and 21 WHEREAS, with the completion of the comprehensive plan the Commission flew to the 22 Larsen Bay community in May and September to conduct two public meetings to take public 23 testimony from the village residents on the rezoning request of these and other parcels; and 24 WHEREAS, The commission is recommending that the Assembly find that a rezone to the B- 25 Business zoning district of this lot is generally consistent with the Comprehensive Plan. 26 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 27 BOROUGH that: 28 Section 1: This ordinance is not of general application and shall not be codified 29 Section 2: Larsen Bay Townsite, Tract A, Block 3, Lot 1 be rezoned from R1- Single Family 30 Residential to B- Business District subject to the effective clause stating: "Prior to the rezone becoming effective, the petitioners will obtain zoning compliance for all structures and uses located on the developed lots located within the approved rezone area. Should the zoning compliance requirement not be met within 24 months of Assembly approval, this approval shall become null and void." Section 3: The findings of the Kodiak Island Borough hereby confirmed as follows: Kodiak Island Borough 17.72.020 A. Findings as to the Need Amendment. Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: Manager Gifford Manager Gifford CDD Staff 11/06/2008 12/04/2008 12/04/2008 Planning and Zoning Commission are and Justification for a Change or Ordinance No. FY2009 -11 Page 1 of 2 1 42 The purpose of the rezone is intended to create commercial zoning district to 43 accommodate existing lodge uses and structures located along the eastern edge 44 of the Larsen Bay Subdivision. The petitioners have indicated that the rezone is 45 needed as the only feasible way for them to move into zoning compliance status. 46 This request has been held in abeyance for five or more years awaiting an 47 update to the KIB Regional Comprehensive Plan and it is now time to make 48 these long awaited decisions in order to restore and maintain the balance 49 between residential and commercial uses in the Larsen Bay community. 50 51 Because the community leadership capacity has diminished in recent years due 52 to the turnover of leadership and administrative staff, the recommendations in 53 this case are limited to those lots where existing lodge use and structures are 54 established in order to maintain the status quo level of both commercial benefits 55 to the community and related community impacts associated with lodge uses. 56 The current RUBA report and associated utility rate study, in conjunction with the 57 most recent resolution adopted by the Larsen Bay City Council indicate a need 58 for change to occur in the community leadership and administration in order to 59 re- establish continuity of government operations and restore community 60 sustainability before more commercial development potential is considered for 61 the Larsen Bay Community. 62 63 17.72.020 B. Findings as to the Effect a Change or Amendment would have on 64 the Objectives of the Comprehensive Plan. 65 The Kodiak Island Borough has not established a Mixed -Use zone in order to 66 fulfill the literal intent of the plan designation. As a result, the Mixed -Use 67 designation will need to be fulfilled on a case -by -case, lot -by -lot, zone -by -zone 68 basis, in conformity with a generalized view of the comprehensive plan 69 designations as previously discussed in the staff report. 70 71 While the recommended zone changes are not entirely consistent with the 72 explicit plan map designations in the KIB Regional Comprehensive Plan Update, 73 the recommendations do take into account existing development patterns, 74 community comments, plan recommendations (generally) and the sustainability 75 of the community infrastructure and social fabric of the community. 76 77 78 79 80 81 82 83 84 85 86 87 88 ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS FOURTH DAY OF DECEMBER 2008 Nova M. Javier, CM , Borough Clerk Kodiak Island Borough • KODIAK ISLAND BOROUGH Je me M. Selby, Borou Ordinance No. FY2009 -11 Page 2 of 2