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Introduced by: Manager Gifford <br />Requested by: CDD <br />1 Drafted by: CDD Director Cassidy <br />2 Introduced: 04/01/2010 <br />Publ.c Hearing: 04/15/2010 <br />3 Adopted: 04/15/2010 <br />4 <br />5 KODIAK ISLAND BOROUGH <br />6 ORDINANCE NO. FY2010 -08 <br />7 <br />8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING <br />9 LOT 11A, U.S. SURVEY 3474 FROM C- CONSERVATION TO RNC- RURAL <br />10 NEIGHBORHOOD COMMERCIAL <br />11 <br />12 WHEREAS, the Roads End Bar and Restaurant operated successfully out at the end of <br />13 Chiniak Road on what is now known as Lot 11A, U.S. Survey 3474 for many years; and <br />14 <br />15 WHEREAS, this establishment has been closed and the new owners desire to reestablish <br />16 its historical use; and <br />17 <br />18 WHEREAS, the current zoning district provides for primarily residential uses and a <br />19 commercial bar /restaurant is prohibited in a residential zoning district; and <br />20 <br />21 WHEREAS, the 2008 Kodiak Island Borough Comprehensive Plan Update has identified <br />22 this area of Chiniak for a future "Rural Mixed Use Commercial/Residential" node; and <br />23 <br />24 WHEREAS, this request is consistent with the borough's comprehensive plan; and <br />25 <br />26 WHEREAS, the commission held a properly noticed public hearing on this request and is <br />27 recommending that the Assembly approve the request to rezone this parcel from C- <br />28 Conservation to RNC- Rural Neighborhood Commercial. <br />29 <br />30 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND <br />31 BOROUGH THAT: <br />32 <br />33 Section 1: This ordinance is not of a general and permanent nature and shall not <br />34 become a part of the Kodiak Island Borough Code of Ordinances; <br />35 <br />36 Section 2: Lot 11A, U.S. Survey 3474 is rezoned from C- Conservation to RNC- Rural <br />37 Neighborhood Commercial. <br />38 <br />39 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission <br />40 are hereby confirmed as follows: <br />41 <br />42 17.72.020 A. Findings as to the Need and Justification for a Change or <br />43 Amendment. <br />44 The rezoning of Lot 11A, U.S. Survey 3474 from C- Conservation Zoning District to <br />45 Rural Neighborhood Commercial would allow the property owner to re- establish a <br />46 historical use as a permitted use within the existing structure of the zoning code. <br />47 The rezoning of Lot 11A, U.S. Survey 3474 from C- Conservation Zoning District to <br />48 Rural Neighborhood Commercial would allow the property owner to expand <br />49 amenities and services, unencumbered by a "non- conforming" zoning designation. <br />Kodiak Island Borough Ordinance No. FY2010 -08 <br />Page 1 of 2 <br />