FY2017-19 Amending The 2008 Comprehensive Plan By Changing The Future Land Use Designation Of A Lot In Port Lions Subdivision From Public Land To Residential (P&Z Case No. 16-039)Introduced by:
Requested by:
Drafted by:
4 Introduced:
5 Public Hearing:
6 Adopted:
7 KODIAK ISLAND BOROUGH
8 ORDINANCE NO. FY2017-19
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Borough Manager
Planning and Zoning Commission
Community Development
Department
10/06/2016
10/20/2016
10/20/2016
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH AMENDING THE 2008 COMPREHENSIVE PLAN BY
CHANGING THE FUTURE LAND USE DESIGNATION OF LOT 4,
BLOCK 3, PORT LIONS SUBDIVISION FROM PUBLIC LAND TO
RESIDENTIAL (P&Z CASE NO. 16-039)
WHEREAS, as a second class borough, the Kodiak Island Borough exercises 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 from the City of
Port Lions to amend the 2008 Comprehensive play by changing the Future Land Use
Designation of Lot 4, Block 3, Port Lions Subdivision from Public Land to Residential; and
WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough
Code 17.205.040, the Planning and Zoning Commission considered the merits of the
Comprehensive Plan amendment request; and
WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough
Assembly that the Comprehensive Plan Future Land Use Designation of this lot be
changed finding that the public necessity, convenience, general welfare, and good zoning
practice would be enhanced by such action; and
WHEREAS, the Planning and Zoning Commission hereby recommends that this
amendment be reviewed and approved by the Borough Assembly.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that:
Kodiak Island Borough, Alaska Ordinance No. FY2017-19
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52 Section 1: This ordinance is not of a general and permanent nature and shall not
53 become a part of the Kodiak Island Borough Code of Ordinances.
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55 Section 2: The 2008 Comprehensive Plan Future Land Use Designation of Lot 4,
56 Block 3, Port Lions Subdivision is hereby changed from Public Land to
57 Residential.
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59 Section 3: By this ordinance, the Borough Assembly adopts the following findings of
60 fact in support of their approval of this amendment.
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62 1. The lot is owned by the City of Port Lions and is developed with a single -family
63 residence that is used to house the Village Public Safety Officer. The City can no
64 longer afford to maintain structure and intends to dispose of the property by offering it
65 for sale to the public. Prior to offering the property for sale, the Future Land Use
66 Designation and zoning must be changed to a designation and district that permits
67 residential use.
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69 2. The lot is adjacent to R2-Two-family Residential zoned properties with a Future Land
70 Use Designation of Residential.
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72 3. The established uses in the area, including those previously established on this lot,
73 have harmoniously coexisted for several years. Changing the Future Land Use
74 Designation of the lot to Residential to accommodate a rezone to R2-Two-family
75 Residential would allow uses that will continue to be consistent with the historic
76 character of the neighborhood.
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78 4. The amendment is necessary to allow for a subsequent rezone from PL-Public Use
79 Lands to R2-Two-family Residential.
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81 5. The amendment is consistent with, and will further implement, various goals, policies,
82 and implementation actions identified in the adopted Comprehensive Plan.
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84 6. The Planning and Zoning Commission recommended that the Borough Assembly
85 approve this Comprehensive Plan amendment.
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87 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
88 THIS TWENTIETH DAY OF OCTOBER, 2016
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91 KODIAK ISLAND BOROUGH
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95 ATTE T: Jerrol Friend, Borough Mayor
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99 No4a M. Javier, MMC, Bor ugh Cle
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101 VOTES:
102 Unanimous Vote: Crow, LeDoux, Rohrer, Skinner, Smiley, Symmons
103 Absent: Peterson
Kodiak Island Borough, Alaska Ordinance No. FY2017-19
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