FY2013-07 Approving a Rezone for Port Lions Subdivision to PL-Public Use Zoning District 1 Introduced by: Acting Manager Cassidy
2 Requested by: CDD Acting Director
3 Drafted by: CDD Acting Director
4 Introduced: 10/18/2012
5 Public Hearing: 11/01/2012
6 Adopted: 11/01/2012
7
8 KODIAK ISLAND BOROUGH
9 ORDINANCE NO. FY2013 - 07
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11 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
12 APPROVING A REZONE FOR LOT 3, BLOCK 4, PORT LIONS SUBDIVISION
13 3 ADDITION FROM R1- SINGLE FAMILY RESIDENTIAL
14 TO PL- PUBLIC USE ZONING DISTRICT (CASE 13 -010)
15
16 WHEREAS, The Planning & Zoning Commission initiated a rezone investigation of Lot
17 3, Block 4, Port Lions Subdivision 3 Addition per KIBC 17.205.030 B; and
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19 WHEREAS, Lot 3 abuts Lot 4 Block 4 Port Lions Subdivision 3 Addition, a lot currently
20 zoned PL- Public Use Zoning District, and is improved with a public use facility; and
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22 WHEREAS, Lot 3 has been improved with a public use facility; and
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24 WHEREAS, the Commission held a properly noticed public hearing on this request and
25 is recommending that the Assembly find that a rezone of Lot 3, Block 4, Port Lions
26 Subdivision 3 Addition from R1- Single- family Residential to PL- Public Use Zoning District
27 is in keeping with the guidance and objectives of the 2008 Comprehensive Plan.
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29 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
30 BOROUGH that the following parcel shall be rezoned from R1- Single- family Residential to
31 PL- Public Use Zoning District as follows:
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33 Section 1: This ordinance is not of general application and shall not be codified.
34
35 Section 2: Lot 3, Block 4, Port Lions Subdivision 3 Addition is hereby rezoned from
36 R1- Single- family Residential I4 PL- Public Use Zoning District.
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38 Section 3: The City of Port Lions must obtain the required "After- the -Fact" zoning
39 compliance permit for the existing public use facility located on Lot 3, Block
40 4, Port Lions Subdivision 3 Addition prior to this rezone becoming
41 effective.
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43 Section 4: The findings of the Kodiak Island Borough Planning and Zoning
44 Commission are hereby confirmed as follows:
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46 17.205.020 A. Findings as to need and justification for a change or amendments;
Kodiak Island Borough Ordinance No. FY2013 -07
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47 A rezone from the R -I Single Family Residential Zoning District to the PL- Public Use
48 Zoning District is needed for the purpose of removing doubt with respect to the property's
49 ability to legally support the existing use.
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51 A rezone from the R -I Single Family Residential Zoning District to the PL- Public Use
52 Zoning District is justified because no alternative highest & best use has been presented.
53 17.205.020 B. Findings as to the effect a change or amendment would have on the
54 objectives of the comprehensive plan;
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56 A rezone from the R -I Single Family Residential Zoning District to the PL- Public Use
57 Zoning District would be in conformity with the broad guidelines of the applicable
58 comprehensive plan.
59
60 A rezone from R -I Single Family Residential Zoning District to the PL- Public Use Zoning
61 District would provide positive reinforcement to the general principle that the Zoning
62 Ordinance should be adhered to even in the case of locations not on the existing Urban
63 Area road system.
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65 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
66 THIS FIRST DAY OF NOVEMBER, 2012
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68 KODIAK ISLAND BOROUGH
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70
71 `
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72 !�
73 ATTEST: Jero M. Selby „_Borough - Mayo
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75 tii/07.40
76 •
• 77
78 Nova M. Javi , MMC, Borough Clerk
Kodiak Island Borough Ordinance No. FY2013 - 07
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