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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 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 Page 1 of 2 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 78 Q 79 (J411� ._ f;5��� 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 OG% O SKA1� Ordinance No. FY2021-18 Page 2 of 2