FY2021-18 Rezoning A Portion Of Tract 37, Township 30 South, Range 20 West, Section 32, Seward Meridian From C – Conservation To R1 – Single Family Residential And Pl – Public Use Land8
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Introduced by: Borough Manager thru the Mayor
Requested By: City of Larsen Bay
Drafted by: Community Development
Introduced on: 10/15/2020
Remanded Back to P-n-Z 11/05/2020
Public Hearing Date: 01/07/2021
Adopted on: 01/07/2021
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2021-18
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING A
PORTION OF TRACT 37, TOWNSHIP 30 SOUTH, RANGE 20 WEST, SECTION 32, SEWARD
MERIDIAN FROM C — CONSERVATION TO R1 — SINGLE FAMILY RESIDENTIAL AND PL —
PUBLIC USE LAND (ZONING WILL CORRESPOND TO LOTS CREATED BY ABBREVIATED
SUBDIVISION S21-002).
WHEREAS, as a second-class borough, the Kodiak Island Borough exercises planning, platting,
and land use regulations on an area wide basis pursuant to A.S. Chapter 29.40; and
WHEREAS, in accordance with AS 29.40, the City of Larsen Bay Comprehensive Plan was
adopted by resolution as a subset of the KIB comprehensive plan on November 1, 1984; 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 C-Conservation to R1
— Single Family Residentialand PL — Public Use Land on July 30, 2020; and
WHEREAS, staff finds the request to be consistent with the Comprehensive Plan; and
WHEREAS, at an advertised public hearing, consistent with KIBC 17.205.040, the Planning and
Zoning Commission considered the merits of the rezone request on September 16, 2020 and on
December 16, 2020; and
WHEREAS, the Planning & Zoning Commission voted at both meetings to recommend to the
Borough Assembly that the site be rezoned from C — Conservation District to R1 — Single Family
Residential and PL — Public Use Lands, 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:
Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the
Kodiak Island Borough Code of Ordinances.
Kodiak Island Borough, Alaska Ordinance No. FY2021-18
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Section 2: A portion of Tract 37, Township 30 South, Range 20 West, Section 32, Seward
Meridian is hereby rezoned from C — Conservation to R1 — Single Family
Residential and PL — Public Use Land (per corresponding Subdivision S21-002),
subject to one effective clause:
1. Rezone will become effective when the final plat for Abbreviated Case
S21-002 is filed.
Section 3: By this ordinance, the Borough Assembly adopts the following Findings of Fact in
support of their approval of this rezone.
1. Rezoning the subject parcel is required to facilitate subdivision of the
parcel.
2. Rezoning the parcel to correspond with the proposed lots granted
preliminary approval would bring the parcel/s from non -conforming to
conforming in accordance with current use and minimum lot size
requirements.
3. This rezone request is consistent with the goals and objectives of the 1984
Larsen Bay Comprehensive Plan.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SEVENTH DAY OF JANUARY 2021
76 KODIAK ISLAND BOROUGH
77
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80 illiam Robert , Mayor
81
82
83 VOTES:
84 Ayes: Dvorak, Kavanaugh, Smith, Turner, and Williams
85 Noes: Arndt
86 Absent: Symmons
Kodiak Island Borough, Alaska
Q
Rice, Borough Clerk
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Ordinance No. FY2021-18
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