FY2012-06 Johnston-Old Rendevous Site Rezone Introduced by: Borough Manager
Requested by: P &Z Commission
Drafted by: CDD Director
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Introduced: 09/01/2011
2 Public Hearing: 09/15/2011
3 Adopted: 09/15/2011
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5 KODIAK ISLAND BOROUGH
6 ORDINANCE NO. FY2012 -06
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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
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12 WHEREAS, this portion of U.S. Survey 2735 (The Old Rendezvous site) is a 1.14 acre
13 lot of record; and
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15 WHEREAS, this parcel is a former business zoned lot that was rezoned for residential
16 purposes when the Rendezvous ceased operating; and
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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
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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
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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
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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.
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34 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
35 BOROUGH THAT:
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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;
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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.
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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
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45 Section 4: The findings of the Kodiak Island Borough Planning and Zoning
46 Commission are hereby confirmed as follows:
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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.
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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.
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73 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
74 THIS FIFTEENTH DAY OF SEPEMBER, 2011
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76 KODIAK ISLAND BOROUGH
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80 +D'I
81 Je •me M. Selby, Borough Ma or
82 ATTEST:
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85 IL
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87 Nova M. Javier, MMC, Borough Clerk
Kodiak Island Borough Ordinance No. FY2012 -06
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