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FY2018-08 FAILED - Amending the KIB future land use map by changing the future land use designation of lot 26A, U.S Survey 3098 from urban residential to commercial (P&Z Case 17-028)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 45 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 2"' Public Hearing Date: 10/19/2017 Failed on: 10/19/2017 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2018-08 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING THE KIB FUTURE LAND USE MAP BY CHANGING THE FUTURE LAND USE DESIGNATION OF LOT 26A, U.S. SURVEY 3098 FROM URBAN RESIDENTIAL TO COMMERCIAL (P&Z CASE 17-028) 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 property owner James Cole to amend the 2008 Comprehensive Plan by changing the future land use designation of Lot 26A, U.S. Survey 3098 from Urban Residential to Commercial; 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 request to amend the 2008 Comprehensive Plan by changing the Future Land Use Designation of Lot 26A U.S. Survey 3098 from Urban Residential to Commercial; and WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough Assembly that this amendment be approved, 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. FY2018-08 Page 1 of 2 Version 1 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 87 88 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: The 2008 Comprehensive Plan Future Land Use Designation of Lot 26A, U.S. Survey 3098 is hereby changed from Urban Residential to Commercial. Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in support of their approval of this amendment to the 2008 Comprehensive Plan: 1. The subject parcel is adjacent to properties with a Future Land Use Designation of Commercial. 2. The subject parcel is of sufficient area and capable of providing building sites for commercial use. 3. This Comprehensive Plan Amendment request is consistent with the land use goals and policies of the 2008 Comprehensive Plan and would be in line with long-term development patterns along Mill Bay Road. 4. This amendment is necessary to allow for a subsequent rezone from R1 -Single-family Residential to B -Business. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this Comprehensive Plan amendment. Effective Date: This ordinance takes effect upon adoption. 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. FY2018-08 Page 2 of 2 Version 1