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FY2012-06 Johnston-Old Rendevous Site Rezone Introduced by: Borough Manager Requested by: P &Z Commission Drafted by: CDD Director 1 Introduced: 09/01/2011 2 Public Hearing: 09/15/2011 3 Adopted: 09/15/2011 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2012 -06 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 9 REZONING A PORTION OF U.S. SURVEY 2735 (OLD RENDEZVOUS SITE) FROM 10 RR1 RURAL RESIDENTIAL ONE ZONE TO RR2- RURAL RESIDENTIAL TWO ZONE 11 12 WHEREAS, this portion of U.S. Survey 2735 (The Old Rendezvous site) is a 1.14 acre 13 lot of record; and 14 15 WHEREAS, this parcel is a former business zoned lot that was rezoned for residential 16 purposes when the Rendezvous ceased operating; and 17 18 WHEREAS, the owner /petitioner is seeking to join this lot together with a 1.42 acre 19 unsubdivided portion of land to make a larger lot that will be 2.56 acres in size and extend 20 to the Chiniak Highway; and 21 22 WHEREAS, the 2008 Kodiak Island Borough Comprehensive Plan Update has identified 23 this area of Middle Bay for C- Conservation -5 acre minimum parcels; and 24 25 WHEREAS, the Planning and Zoning Commission held a properly noticed public hearing 26 on this request and is recommending that the Assembly approve the rezoning of this 27 parcel from RR1 —Rural Residential One to RR2 —Rural Residential Two; and 28 29 WHEREAS, the Commission acknowledged that even though the joining of the two 30 adjacent properties creates a lot that falls short of the 5 acres requirement of parcels in the 31 C- Conservation zoning district, the residential density and the neighborhood character of 32 the area will not be increased. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 35 BOROUGH THAT: 36 37 Section 1: This ordinance is not of a general and permanent nature and shall not 38 become a part of the Kodiak Island Borough Code of Ordinances; 39 40 Section 2: A portion of U.S. Survey 2735 is rezoned from RR1 —Rural Residential One 41 Acres to RR2 —Rural Residential Two Acre. 42 43 Section 3: This approval will not become effective until a final plat joining the 44 properties (Case 611 -003) is filed and recorded. Kodiak Island Borough Ordinance No. FY2012 -06 Page 1 of 2 45 Section 4: The findings of the Kodiak Island Borough Planning and Zoning 46 Commission are hereby confirmed as follows: 47 48 17.72.020 A. Findings as to the Need and Justification for a Change or 49 Amendment. 50 The rezones are needed to consolidate the zoning of two parcels that are proposed 51 to be consolidated by an approved preliminary plat. With the borough's GIS based 52 zoning system it is difficult to map multiple zones on a single lot where there are no 53 property boundaries to associate with the zoning boundaries. It is also bad policy to 54 allow individual lots with multiple zoning districts. The acquisition of C- 55 Conservation zoned land between the Chiniak Highway combined with a Portion of 56 U.S. Survey 2735 (the Old Rendezvous site) moves the resulting site towards 57 conformity with the character of the surrounding area. The resulting parcel will 58 more than double in size to 2.56 acres with minimal change to the zoning and the 59 lot will then have frontage on the Chiniak Highway. 60 61 17.72.020 B. Findings as to the Effect a Change or Amendment would have 62 on the Objectives of the Comprehensive Plan. 63 The proposed replat in Case S11 -003 serves as the catalyst for these rezones 64 which will move the two parcels towards conformity with the overall character of the 65 surrounding area. The application of RR2 -Rural Residential Two zoning would not 66 allow future subdivision of the resulting lot and the list of permitted uses in the RR1 67 and RR2 zones are very similar. The petitioner has little chance of acquiring 68 additional acreage to create a five (5) acre site that would conform to the C- 69 Conservation zoning district. The RR2 zone therefore provides the best balance 70 between the character of the surrounding area and conformity with the 71 comprehensive plan designation for Conservation use. 72 73 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 74 THIS FIFTEENTH DAY OF SEPEMBER, 2011 75 76 KODIAK ISLAND BOROUGH 77 78 79 80 +D'I 81 Je •me M. Selby, Borough Ma or 82 ATTEST: 83 84 85 IL 86 87 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2012 -06 Page 2 of 2