FY2018-09 FAILED - Rezoning lot 26A, U.S. Survey 3098 from R1-Single-Family Residential District to B-Business District (P&Z Case No. 17-029)1
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Introduced by: KIB Assembly
Requested by: Community Development Department
Drafted by: Community Development Department
Introduced on: 09/21/2017
Public Hearing Date:10/05/2017
Postponed to: 10/19/2017
2nd Public Hearing Date: 10/19/2017
Failed on: 10/19/2017
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2018-09
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING
LOT 26A, U.S. SURVEY 3098 FROM R1 -SINGLE-FAMILY RESIDENTIAL DISTRICT TO B -
BUSINESS DISTRICT (P&Z CASE NO. 17-029)
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, property owner James Cole applied for a rezone of this property on April 24,
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 B -Business District finding that the public
necessity, convenience, general welfare, and good zoning practice would be enhanced by such
action.
Kodiak Island Borough, Alaska
Deletion — Red, Strikeout
Insertion — Bold, Blue, Underlined
Ordinance No. FY2018-09
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NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the
Kodiak Island Borough Code of Ordinances.
Section 2: Lot 26A, U.S. Survey 3098 is hereby rezoned from R1 -Single-family Residential
District to B -Business 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 subject parcel is adjacent to property zoned B -Business.
2. The subject parcel is located along a commercial corridor in a residential area
surrounded by commercial and industrial uses.
3. The subject parcel is of sufficient area and capable of providing building sites
for commercial use.
4. This rezone is consistent with the 2008 Comprehensive Plan Commercial
Future Land Use Designation per Case No. 17-028.
5. This rezone is consistent with land use goals and policies identified in the
2008 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 ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF 2017.
KODIAK ISLAND BOROUGH
Daniel A. Rohrer, Mayor
ATTEST:
Nova M. Javier, MMC, Clerk
FAILED VOTES:
Ayes: Skinner, Smiley, Symmons, Townsend, Van Daele, LeDoux
VOTE TO REFUND THE APPLICATION FEE AND WAITVE THE 12 MONTHS WAITING
PERIOD:
Skinner, Smiley, Symmons, Townsend, and Van Daele (AYES); LeDoux (No).
Kodiak Island Borough, Alaska
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Insertion — Bold, Blue, Underlined
Ordinance No. FY2018-09
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