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