FY2019-06 Rezoning Lots In Oceanfront Addition From C-Conservation District To RR2-Rural Residential Two District (P&Z Case No. 19-017)1
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Introduced by: Borough Manager
Requested by: P&Z Commission
Drafted by: Community Development Department
Introduced on: 03/21/2019
Public Hearing Date: 04/04/2019
Amended on: 04/04/2019
Adopted on: 04/04/2019
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2019-06
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
REZONING LOTS 1 THRU 3,4A, 6 THRU 11, TRACT B, AND TRACT C, CLIFF POINT
ESTATES OCEANFRONT ADDITION NO. 1 SUBDIVISION AND LOTS 12 THRU 34,
CLIFF POINT ESTATES, OCEANFRONT ADDITION NO. 2 SUBDIVISION FROM C -
CONSERVATION DISTRICT TO RR2-RURAL RESIDENTIAL TWO DISTRICT (P&Z
CASE NO. 19-017)
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 owners applied for a rezone of this property from C -Conservation
District to RR2-Rural Residential Two District; 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 February 20, 2019; and
WHEREAS, the Planning & Zoning Commission voted to recommend to the Borough Assembly
that the site be rezoned from C -Conservation District to RR2-Rural Residential Two District finding
that the public necessity, convenience, general welfare, and good zoning practice would be
enhanced by such action.
Kodiak Island Borough, Alaska Ordinance No. FY2019-06
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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: Lots 1 thru 3, 4A, 6 thru 11, Tract B, and Tract C, Cliff Point Estates Oceanfront
Addition No. 1 Subdivision and Lots 12 thru 34, Cliff Point Estates, Oceanfront
Addition No. 2 Subdivision are hereby rezoned from C -Conservation District to
RR2-Rural Residential Two District.
Section 3: When further subdivided. the Planning and Zoning Commission, during the
platting process, shall require the establishment of a stream buffer—not to
exceed 50 feet—forthe stream identified in the Anadromous Waters Catalog
as Stream No. 259-22-10047.
Section 43: By this ordinance, the Borough Assembly adopts the following findings of fact in
support of their approval of this rezone.
1. The site is of sufficient area to be subdivided into multiple lots of two acres or
more with all lots being capable of providing suitable building sites, off street
parking areas, and access drives to serve most permitted and conditional uses
allowed in RR2 zoning.
2. The site's current C -Conservation zoning limits development potential of the
available building sites by requiring a minimum lot size of five acres.
3. The rezone to RR2-Rural Residential Two District will increase the
development potential and use of available building sites by accommodating
further subdivision to create lots as small as two acres.
4. The rezone to RR2-Rural Residential Two will provide the applicant with an
increased development potential that better suites their envisioned
composition and development density for the site.
5. The rezone satisfactorily addresses certain issues and is consistent with
various goals, policies, and implementation actions identified in the adopted
Comprehensive Plan.
6. The Planning and Zoning Commission recommends that the Borough
Assembly approve this rezone.
Effective Date: This ordinance shall become effective upon adoption.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS FOURTH DAY OF APRIL, 2019.
Kodiak Island Borough, Alaska
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Ordinance No. FY2019-06
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KODIAK ISLAND BOROUGH
aniel A. Rohrer, Mayor
VOTES:
Ayes: Arndt, Kavanaugh, Schroeder, Smiley, Symmons, Turner
Kodiak Island Borough, Alaska
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Ordinance No. FY2019-06
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