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FY2010-08 Rezone Botz - Roads End RestaurantIntroduced by: Manager Gifford Requested by: CDD 1 Drafted by: CDD Director Cassidy 2 Introduced: 04/01/2010 Publ.c Hearing: 04/15/2010 3 Adopted: 04/15/2010 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2010 -08 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 9 LOT 11A, U.S. SURVEY 3474 FROM C- CONSERVATION TO RNC- RURAL 10 NEIGHBORHOOD COMMERCIAL 11 12 WHEREAS, the Roads End Bar and Restaurant operated successfully out at the end of 13 Chiniak Road on what is now known as Lot 11A, U.S. Survey 3474 for many years; and 14 15 WHEREAS, this establishment has been closed and the new owners desire to reestablish 16 its historical use; and 17 18 WHEREAS, the current zoning district provides for primarily residential uses and a 19 commercial bar /restaurant is prohibited in a residential zoning district; and 20 21 WHEREAS, the 2008 Kodiak Island Borough Comprehensive Plan Update has identified 22 this area of Chiniak for a future "Rural Mixed Use Commercial/Residential" node; and 23 24 WHEREAS, this request is consistent with the borough's comprehensive plan; and 25 26 WHEREAS, the commission held a properly noticed public hearing on this request and is 27 recommending that the Assembly approve the request to rezone this parcel from C- 28 Conservation to RNC- Rural Neighborhood Commercial. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 31 BOROUGH THAT: 32 33 Section 1: This ordinance is not of a general and permanent nature and shall not 34 become a part of the Kodiak Island Borough Code of Ordinances; 35 36 Section 2: Lot 11A, U.S. Survey 3474 is rezoned from C- Conservation to RNC- Rural 37 Neighborhood Commercial. 38 39 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission 40 are hereby confirmed as follows: 41 42 17.72.020 A. Findings as to the Need and Justification for a Change or 43 Amendment. 44 The rezoning of Lot 11A, U.S. Survey 3474 from C- Conservation Zoning District to 45 Rural Neighborhood Commercial would allow the property owner to re- establish a 46 historical use as a permitted use within the existing structure of the zoning code. 47 The rezoning of Lot 11A, U.S. Survey 3474 from C- Conservation Zoning District to 48 Rural Neighborhood Commercial would allow the property owner to expand 49 amenities and services, unencumbered by a "non- conforming" zoning designation. Kodiak Island Borough Ordinance No. FY2010 -08 Page 1 of 2 50 51 17.72.020 B. Findings as to the Effect a Change or Amendment would have on 52 the Objectives of the Comprehensive Plan. 53 The rezoning of Lot 11A, U.S. Survey 3474 from C - Conservation Zoning District to 54 Rural Neighborhood Commercial would serve to implement the objectives of the 55 2008 Comprehensive Plan Update of the Kodiak Island Borough relating to the 56 Chiniak community. 57 58 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 59 THIS FIFTEENTH DAY OF APRIL, 2010 60 61 62 KODIAK ISLAND BOROUGH 63 64 65 - 66 Jerome M. Selby, Borough Mayor 67 68 ATTEST: 69 70 71 72 Nova M. Javier, M C , B o ug Clerk Kodiak Island Borough Ordinance No. FY2010 -08 Page 2 of 2