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FY2016-26 Rezoning Lots 10 Thru 13, Block 31, East Addition Subdivision From R2-Two-Family Residential District To R-3 Multifamily Residential District (P&Z Case No. 16-012)1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2016-26 Borough Assembly Owner's Request Community Development Department 06/16/2016 07/07/2016 07/07/2016 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING LOTS 10 THRU 13, BLOCK 31, EAST ADDITION SUBDIVISION FROM R2 -TWO-FAMILY RESIDENTIAL DISTRICT TO R-3 MULTIFAMILY RESIDENTIAL DISTRICT (P&Z CASE NO. 16-012) WHEREAS, as a second class Borough, the Kodiak Island Borough excercises planning, platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska Statutes; and WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 1968 Comprehensive Plan; and WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts;" and WHEREAS, the Planning and Zoning Commission received a request to rezone Lots 10 thru 13, Block 31, East Addition Subdivision from R2 -Two-family Residential District to R-3 Multifamily Residential District; and WHEREAS, at their March 16, 2016 regular meeting, the Commission considered the merits of the rezone request during an advertised public hearing, consistent with Kodiak Island Borough Code 17.205.040; and WHEREAS, following the public hearing, a motion to recommend that the Borough Assembly approve the rezone failed on a 3 to 3 vote; and WHEREAS, at their April 20, 2016 regular meeting, the Commission adopted findings of fact in support of the denial of the rezone; and Kodiak Island Borough, Alaska Ordinance No. FY2016-26 Page 1 of 2 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 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 90 91 92 WHEREAS, pursuant to KIBC 17.205.055.8, the initiating party filed a written statement with the Clerk's office requesting that the Commission's action be taken up by the Borough Assembly; and WHEREAS, at their June 2, 2016 regular meeting, the Borough Assembly directed staff to draft an ordinance to rezone Lots 10 thru 13, Block 31, East Addition Subdivision from R2 - Two -family Residential District to R-3 Multifamily Residential District, to be introduced at their next regular meeting; and WHEREAS; at their June 16, 2016 regular meeting, the Borough Assembly advanced the ordinance for public hearing at their next regular meeting; and WHEREAS, at their July 7, 2016 regular meeting, the Borough Assembly considered the merits of the rezone during an advertised public hearing, consistent with Kodiak Island Borough Code 17.205.040; and WHEREAS, following the public hearing, the Borough Assembly approved a motion to adopt the ordinance rezoning Lots 10 thru 13, Block 31, East Addition Subdivision from R2 -Two-family Residential District to R-3 Multifamily Residential District, finding that the public necessity, convenience, general welfare, and good zoning practice would be enhanced by such action. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is not of a general and permanent nature and shall not become a part of the Kodiak Island Borough Code of Ordinances; and Section 2: Lots 10 thru 13, Block 31, East Addition Subdivision are hereby rezoned from R2 -Two-family Residential District to R-3 Multifamily Residential District. Section 3: The Borough Assembly adopted the attached findings of fact in support of their approval of the rezone. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SEVENTH DAY OF JULY, 2016 KODIAK ISLAND BOROUGH rrol Friend, 8 rough Mayor Kodiak Island Borough, Alaska Ordinance No. FY2016-26 Page 2 of 2