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FY2017-18 Rezonung lot 13, block 16, Tract A, Larsen Bay Subdivision from R1-Single-Family residential district to B-Business District. (P&Z Case No. 16-038)rd 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2017-18 Borough Manager Planning and Zoning Commission Commission Community Development Department 10/06/2016 10/20/2016 10/20/2016 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING LOT 13, BLOCK 16, TRACT A, LARSEN BAY SUBDIVISION FROM R1 -SINGLE-FAMILY RESIDENTIAL DISTRICT TO B -BUSINESS DISTRICT (P&Z CASE NO. 16-038) WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska Statutes; and WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 1968 Comprehensive Plan; and WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and WHEREAS, KIBC 17.205.010 provides that 'Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts'; and WHEREAS, the Planning and Zoning Commission received a request to rezone Lot 13, Block 16, Tract A, Larsen Bay Subdivision from R1 -Single-family Residential District to B - Business District; and WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 17.205.040, the Planning and Zoning Commission considered the merits of the rezone request; and WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough Assembly that the lot be rezoned from R1 -Single-family Residential District to B -Business District finding that the public necessity, convenience, general welfare, and good zoning practice would be enhanced by such action; and WHEREAS, the Planning and Zoning Commission hereby recommends that this rezone be reviewed and approved by the Borough Assembly. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Kodiak Island Borough, Alaska Ordinance No. FY2017-18 Page 1 of 2 53 Section 1: This ordinance is not of a general and permanent nature and shall not become 54 a part of the Kodiak Island Borough Code of Ordinances. 55 56 Section 2: Lot 13, Block 16, Tract A, Larsen Bay Subdivision is hereby rezoned from R1- 57 Single -family Residential District to B-Business District. 58 59 Section 3: This ordinance shall become effective upon the issuance of zoning compliance 60 for all existing structures and established uses on the subject parcel. Should 61 the zoning compliance requirement not be met within 24 months of Assembly 62 approval, this approval shall become null and void. 63 64 Section 4: By this ordinance, the Borough Assembly adopts the following findings of fact 65 in support of their approval of this rezone. 66 67 1. The applicant desires to continue the use of an existing commercial lodge that has 68 operated without zoning compliance on this R1-Single-family Residential zoned lot since 69 2005. Lodges are not a permitted use in R1-Single Family Residential zoning. Lodges are 70 a permitted use in B-Business zoning. Accordingly, a rezone to B-Business is needed to 71 obtain the required zoning compliance that will allow the lodge operation to continue. 72 73 2. The lot is situated within a mixed zoning area that includes R1-Single-family Residential, B- 74 Business, and C-Conservation zoning. 75 76 3. The lot is adjacent to a B-Business zoned parcel that is developed with a commercial 77 lodge. 78 79 4. The lot has accommodated the existing lodge buildings and use for 11 years and appears 80 suitable for that use. The lot is also of sufficient area to accommodate a variety of other 81 uses that are allowed in B-Business zoning. 82 83 5. The rezone is consistent with the Commercial Comprehensive Plan Future Land Use 84 Designation assigned to this lot. The rezone is also consistent with, and will further 85 implement, various goals, policies, and implementation actions identified in the adopted 86 Comprehensive Plan. 87 88 6. The Planning and Zoning Commission recommended that the Borough Assembly approve 89 this rezone. 90 91 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 92 THIS TWENTIETH DAY OF OCTOBER, 2016 93 94 KODIAK ISLAND BOROUGH 95 96 Il�l�6Le(°lu ��— f tU+' 97 Jerrol Friend, Borough Mayor 98 A7 EST: 99 100 101 l4ova M. Javier, MM4, Borough Clerk 102 103 VOTES: 104 Yes: LeDoux, Rohrer, Skinner, Smiley 105 No: Crow, Symmons 106 Absent: Peterson Kodiak Island Borough, Alaska Ordinance No. FY2017-18 Page 2 of 2