FY2009-11 Rezoning Larsen Bay Property1
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7 KODIAK ISLAND BOROUGH
8 ORDINANCE NO. FY2009 -11
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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)
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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
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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.
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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.
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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.
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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.
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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
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KODIAK ISLAND BOROUGH
Je me M. Selby, Borou
Ordinance No. FY2009 -11
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