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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 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: 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 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 82 83 84 85 86 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 Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2018-09 Page 2 of 2 Version 1