FY2017-12 Rezoning Lots 2 And 3 , Block 38, East Addition Subdivision From Pl-Public Use Lands District To R1-Single-Family Residential District (P&Z Case No. 16-028).2
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Introduced by: Borough Assembly
Requested by: KIB Lands Committee
Drafted by: CDD
Introduced: 12/15/2016
Failed: 12/15/2016
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, imodify, repeal or otherwise change these regulations and the
boundaries of the districts"; and
WHEREAS, The Borough 'Lands Committee recommended and the Borough Assembly
initiated a rezone of Lots 2 and 3, Block 38, East Addition Subdivision from PL -Public Use
Lands District to R2 -Two-family Residential District; and
WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough
Code 17.205.4 40, the Planning & Zoning Commission considered the merits of the rezone
request; and
WHEREAS, the Planning & Zoning Commission determined that R1 -Single-family
Residential Zoning was more consistent with surrounding zoning and uses than the
requested R2 -Two-family Residential zoning, and
WHEREAS, the Commission voted to recommend to the Borough Assembly that the site
be rezoned from PL -Public Use Lands District to R1 Single-family Residential District
finding that the public necessity, convenience, general welfare, and good zoning practice
would be enhanced by such action; and
WHEREAS, during its land disposal review for these same Dots, the Planning & Zoning
Commission noted lot area and topographical constraints that would restrict the
development of suitable residential building sites on each individual lot as currently platted;
and
Kodiak Island Borough, Alaska
Ordinance No. FFY2017-12
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52 WHEREAS, the Planning & Zoning Commission determined that, to ensure a suitable
53 residential building site can be developed, this ordinance should become effective upon:
54 the recording of a plat that combines the lots into a single parcel; and
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56 WHEREAS, the Commission hereby recommends that this rezone be reviewed and
57 approved by the Borough Assembly.
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59 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE IKODIAK ISLAND
60 BOROUGH that:
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62 Section 1: This ordinance is not of a general and permanent nature and shall not
63 become a part of the Kodiak Island Borough Code of Ordinances.
64
65 Section 2: Lots 2 and 3, Block 38, East Addition Subdivision are hereby rezoned from
66 PL -Public Use Lands District to R1 -Single-family, Residential District.
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68 Section 3: This ordinance shall become effective upon the recording of. plat that
69 combines the lots into a single parcel.
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71 Section 4: By this ordinance, the Borough Assembly adopts the following findings of
72 fact in support of their approval of this rezone.
73
74 1. Developable residential lots are a known need throughout the Borough.
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76 2. The subject parcel is in an area containing R1 -Single-family Residential
77 zoned land and uses.
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79 3. The subject parcels are of sufficient area and are capable of providing
80 suitable residential building sites.
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82 4. The rezone is consistent with the Comprehensive Plan Urban
83 Residential Future Land Use Designation per Case No. 16-027.
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85 5. The rezone is consistent with, and will further implement, various goals,
86 policies, and implementation actions identified in the adopted
87 Comprehensive Plan.
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89 6. The Planning & Zoning Commission recommended that the Borough
90 Assembly approve this rezone,
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92 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
93 THIS DAY OF 2016
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95 KODIAK ISLAND BOROUGH
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97
98 ATTEST: Jerrol Friend, Borough Mayor
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101 Nova M. Javier, MMC, Borough Clerk
Kodiak Island Borough, Alaska Ordinance No. FY2017-12
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