FY2018-15 Rezoning Emerald Isle Estates Tract From R3-Multifamily Residential District To R1-Single-Family Residential District (P&Z Case No. 18-002)1
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Introduced by: KIB Manager
Drafted by: P&Z Commission
Introduced on: 10/19/2017
Public Hearing Date: 11/02/2017
Postponed to: 12/21/2017
Adopted on: 12/21/2017
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2018-15
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING
EMERALD ISLE ESTATES TRACT FROM R3 -MULTIFAMILY RESIDENTIAL DISTRICT TO
R1 -SINGLE-FAMILY RESIDENTIAL DISTRICT (P&Z CASE NO. 18-002)
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 to rezone Emerald Isle
Estates Tract from R3 -Multifamily Residential District to R1 -Single -Family Residential District;
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 rezone request;
and
WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough
Assembly that Emerald Isle Estates Tract be rezoned from R3 -Multifamily Residential 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, at an advertised public hearing, consistent with Kodiak Island Borough Code
17.205.040, the Borough Assembly considered the merits of the rezone request.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the
Kodiak Island Borough Code of Ordinances.
Kodiak Island Borough, Alaska
Renumbered from Ord. FY2018-32 to
Ord. FY2018-15
Ordinance No. FY2018-15
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Section 2: Emerald Isle Estates Tract is hereby rezoned from R3 -Multifamily Residential District
to R1 -Single -Family Residential District.
Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in
support of their approval of this rezone.
1. The applicant desires to limit development of Emerald Isle Estates Tract, and any lots
that may be created by subdivision of the tract, to single-family dwellings and associated
incidental and subordinate uses. Rezoning the parcel from R3 -Multifamily Residential
District to R1 -Single -Family Residential District will facilitate the desired development.
2. The parcel is situated in a longstanding neighborhood that is generally residential in
character and zoning. Rezoning the parcel from R3 -Multifamily Residential District to R1 -
Single -Family Residential District will maintain that residential character and be
consistent with the surrounding zoning.
3. The parcel is capable of providing multiple building sites and parking areas that can
accommodate the full range of uses permitted in the R1 -Single -Family Residential
District.
4. The rezone is consistent with the Urban Residential Comprehensive Plan Future Land
Use Designation assigned to the lot. The rezone is also consistent with, and will further
implement, various land use and economic goals, policies, and implementation actions
identified in the adopted Comprehensive Plan.
5. The Planning and Zoning Commission recommends that the Borough Assembly approve
this rezone.
Effective Date: This ordinance shall become effective upon verification by the Community
Development Department that all structures and uses on Emerald Isle Estates Tract have been
brought into compliance with the requirements of Title 17 (Zoning) of the Borough Code. Should
all structures and uses not be brought into compliance within 36 months of Assembly approval,
this approval shall become null and void.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS TWENTY FIRST DAY OF NOVEMBER, 2017.
KODIAK ISLAND BOROUGH
ATTEST:
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Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Plerk
VOTES:
Ayes: Kavanaugh, Schroeder, Skinner, Symmons, Van Daele
Noes: Crow
Absent: Smiley
Kodiak Island Borough, Alaska
Renumbered from Ord. FY2018-32 to
Ord. FY2018-15
Ordinance No. FY2018-15
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