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FY2017-20 Rezoning Lot 4, Block 3, Port Lions Subdivision From PL-Public Use Lands District To R2-Two-Family Residential District (P&Z Case No. 16-040)2 4 C1 10 11 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. FY2017-20 Borough Manager Planning and Zoning 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 4, BLOCK 3, PORT LIONS SUBDIVISION FROM PL -PUBLIC USE LANDS DISTRICT TO R2 -TWO-FAMILY RESIDENTIAL DISTRICT (P&Z CASE NO. 16-040) 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 from the City of Port Lions to rezone Lot 4, Block 3, Port Lions Subdivision from PL -Public Use Lands District to R2 -Two-family Residential 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 PL -Public Use Lands District to R2 -Two-family Residential 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. FY2017-20 Page 1 of 2 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 Section 1: This ordinance is not of a general and permanent nature and shall not become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Lot 4, Block 3, Port Lions Subdivision is hereby rezoned from PL -Public Use Lands District to R2 -Two-family Residential District. Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in support of their approval of this rezone. 1. The lot is owned by the City of Port Lions and is developed with a single-family residence that is used to house the Village Public Safety Officer. The City can no longer afford to maintain structure and intends to dispose of the property by offering it for sale to the public. Prior to offering the property for sale, the zoning must be changed to a district that permits residential use. 2. The lot is adjacent to R2 -Two-family Residential zoned properties. 3. The established uses in the area, including those previously established on this lot, have harmoniously coexisted for several years. Rezoning the lot to R2 -Two-family Residential would allow uses that will continue to be consistent with the historic character of the neighborhood. 4. The rezone is consistent with the Comprehensive Plan Residential Future Land Use Designation per Case No. 16-039. 5. The rezone is consistent with, and will further implement, various goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 6. The Planning and Zoning Commission recommended that the Borough Assembly approve this rezone. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS TWENTIETH DAY OF OCTOBER, 2016 ATTEST: }� Nova M. Javier, MMC, B rough Clerk KODIAK ISLAND BOROUGH Jerrol Friend, Borough Mayor VOTES: Unanimous Vote: Crow, LeDoux, Rohrer, Skinner, Smiley, Symmons Absent: Peterson Kodiak Island Borough, Alaska Ordinance No. FY2017-20 Page 2 of 2