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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 10 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 18 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 21 22 WHEREAS, Lot 3 has been improved with a public use facility; and 23 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. 28 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: 32 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. 37 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. 42 43 Section 4: The findings of the Kodiak Island Borough Planning and Zoning 44 Commission are hereby confirmed as follows: 45 46 17.205.020 A. Findings as to need and justification for a change or amendments; Kodiak Island Borough Ordinance No. FY2013 -07 Page 1 of 2 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. 50 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; 55 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. 64 65 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 66 THIS FIRST DAY OF NOVEMBER, 2012 67 68 KODIAK ISLAND BOROUGH 69 70 71 ` - 72 !� 73 ATTEST: Jero M. Selby „_Borough - Mayo 74 75 tii/07.40 76 • • 77 78 Nova M. Javi , MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2013 - 07 Page 2 of 2