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
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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
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
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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: 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
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