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
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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
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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
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