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FY2017-31 Rezoning U.S Survey 672 From R1-Single-Family Residential District To I-Industrial District (P&Z Case No. 17-017)1 2 3 4 5 6 7 8 9 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 Introduced by: Borough Assembly Requested by: CDD Drafted by: CDD Introduced on: 05/04/2017 Public Hearing Date: 05/18/2017 Adopted on: 05/18/2017 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2017-31 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING U.S. SURVEY 672 FROM R1 -SINGLE-FAMILY RESIDENTIAL DISTRICT TO [-INDUSTRIAL DISTRICT (P&Z CASE NO. 17-017) 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, Icicle Seafoods, Inc., applied for a rezone of this property January 6, 2017; 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 Commission voted to recommend to the Borough Assembly that the site be rezoned from R1 -Single -Family -Residential District to I -Industrial District finding that the public necessity, convenience, general welfare, and good zoning practice would be enhanced by such action; and NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-31 Page 1 of 2 Version 1 45 46 47 48 49 50 51 52 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 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: U.S. Survey 672 in Larsen Bay is hereby rezoned from R1 -Single -Family Residential to I -Industrial District. Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in support of their approval of this rezone. 1. A cannery has operated continuously on this parcel since the early 1900s. Its existence pre -dates statehood, Kodiak Island Borough incorporation, and the institution of zoning regulations. 2. The parcel is located adjacent to parcels with a Future Land Use Designation of Mixed Commercial/Waterfront Residential. 3. The lot has accommodated the existing use for over 100 years and, as such, as proven land suitability for the proposed I -Industrial District designation. 4. The rezone is consistent with the Comprehensive Plan Future Land Use Designation of Industrial/Light Industrial. 5. The rezone is consistent with land use and economic goals, policies, and implementation actions identified in the Comprehensive Plan. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an ordinance takes effect upon adoption or at a later date specified in the ordinance.) ADOPTED BY THE A MBLY OF THEKOPIAK ANBOROUGH THIS �_ DAY OF , 200 17. KODIAK ISLAND BOROUGH ATTEST: X-�l M --m - 1 -11 Nova M. Javier, MMC, Cly rk Daniel A. Rohrer, Mayor VOTES: Ayes: Crow, LeDoux, Skinner, Smiley, Symmons, Townsend, Van Daele Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-31 Page 2 of 2 Version 1