FY2019-10 Rezoning Lot In Larsen Bay Subdivision From R1-Single-Family Residential District To B-Business District (P&Z Case No. 19-006)1
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Introduced by: Borough Manager
Requested by: P&Z Commission
Drafted by: Community Development Department
Introduced on: 12/06/2018
Public Hearing Date: 12/20/2018
Adopted on:12/20/2018
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2019-10
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING LOT
2, BLOCK 10, TRACT A, LARSEN BAY SUBDIVISION FROM R1 -SINGLE-FAMILY
RESIDENTIAL DISTRICT TO B -BUSINESS DISTRICT (P&Z CASE NO. 19-006)
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 property owner applied for a rezone of this property from R1 -Single -Family
Residential District to B -Business District on August 3, 2018; 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
on October 17, 2018; and
WHEREAS, the Planning & Zoning 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.
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. FY2019-10
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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 2, Block 10 Tract A, Larsen Bay Subdivision 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. Rezoning this parcel to B -Business will allow the property owner more
flexibility and opportunities to develop their land.
2. The subject parcel is situated in a mixed zoning area that includes R1 -
Single -Family -Residential and PL -Public Use Lands with a variety of
uses.
3. The subject parcel is located along the waterfront, and along a roadway,
which provides opportunities for access by different types of traffic.
4. The subject parcel is of sufficient area and is capable of accommodating
a number of the permitted and conditional uses listed for B -Business
zoning.
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 shall become effective upon the issuance of zoning compliance
for all structures and uses on Lot 2, Block 10, Tract A, Larsen Bay Subdivision. All structures and
uses must comply with Chapter 17.90 (B -Business District) of the Borough code. Should the
zoning compliance requirement not be met within 24 months of Assembly approval, this approval
shall become null and void.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS TWENTIETH DAY OF DECEMBER, 2018.
KODIAK ISLAND BOROUGH
Daniel A. Rohrer, Mayor
ATTEST:
Nova M. Javier, MMC, Jerk
VOTES:
Ayes: Arndt, Kavanaugh, Schroeder, Skinner, Smiley, Symmons, Turner
Kodiak Island Borough, Alaska
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Ordinance No. FY2019-10
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