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FY2023-08 Rezoning Cliffpoint Estates Oceanfront Addition 41 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Introduced by: KIB Manager Drafted by: Community Development Director Introduced on: 09/15/2022 Public Hearing Date:10/06/2022 Adopted on: 10/06/2022 KODIAK ISLAND BOROUGH Ordinance No. FY2023-08 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING CLIFFPOINT ESTATES OCEANFRONT ADDITION 4, LOT 7, COMMONLY KNOWN AS 5917 PINNACLES COURT, FROM RR2, RURAL RESIDENTIAL TWO DISTRICT TO NU, NATURAL USE DISTRICT 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 RR2, Rural Residential Two, to NU, Natural Use District on May 11, 2022; 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 August 17, 2022 in Case 23-002; and WHEREAS, the Planning & Zoning Commission voted to recommend to the Borough Assembly that the site be rezoned from RR2, Rural Residential Two, to NU, Natural Use District finding that the public necessity, convenience, general welfare, and good zoning practice would be enhanced by such action; and WHEREAS, Kodiak Island Borough Code 17.205.075(A) calls for a rezoning which is not consistent with the assigned comprehensive plan future land use designations to include a change to the comprehensive plan future land use designation that is consistent with the new zoning; and Kodiak Island Borough, Alaska Ordinance No. FY2023-08 Page 1 of 6 Jf 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 WHEREAS, Kodiak Island Borough Code 17.205.074(C) calls for a rezoning ordinance to include a section which specifies the newly assigned comprehensive plan future land use designation of the rezoned parcel or parcels. H NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is of a permanent nature, but is NOT of a general nature, and shall NOT become a part of the Kodiak Island Borough Code of Ordinances. Section 2: By this ordinance, Cliffpoint Estates Oceanfront, Addition 4, Lot 7, commonly known as 5917 Pinnacles Court, a diagram of which is depicted in Exhibit A appended to this ordinance and incorporated herein by reference, is hereby rezoned from RR2, Rural Residential Two, to NU, Natural Use District in the Official Zoning Map of Kodiak Island Borough (see attached diagram showing the parcels to be rezoned). Section 3. The Official Zoning Map of the Kodiak Island Borough shall be amended to indicate the change of zone set forth in Section 2 of this ordinance. The Director of Community Development shall cause the Zoning Map to be amended consistent with this ordinance. Section 4 By this ordinance, Cliffpoint Estates Oceanfront Addition 4, Lot 7, commonly known as 5917 Pinnacles Court, a diagram of which is depicted in Exhibit B appended to this ordinance and incorporated herein by reference, is hereby rezoned from Residential (Rural Residential) to Open Space (Recreational) in the Official Future Land Use Map of the Kodiak Island Borough Comprehensive Plan 2008 (see attached diagram showing the parcels to be rezoned). Section 5. The Official Future Land Use Map of the Kodiak Island Borough Comprehensive Plan 2008 shall be amended to indicate the change of zone set forth in Section 4 of this ordinance. The Director of Community Development shall cause the Official Future Land Use Map of the Kodiak Island Borough Comprehensive Plan 2008 to be amended consistent with section 4 of this ordinance. Section 6: By this ordinance, the Borough Assembly adopts the following findings of fact in support of their approval of this rezone: 1. The rezone is consistent with the objectives of the 2008 Kodiak Island Borough comprehensive plan, specifically the sections that identify the need for the compatibility of land uses and this rezone promotes the compatibility with surrounding rural residential uses while also promoting the community and natural characteristics of the subject parcel. 2. The rezone would implement a comprehensive plan action to balance the compatibility of adjacent land uses with promoting Kodiak Island Borough, Alaska Ordinance No. FY2023-08 Page 2 of 6 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 III 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 protection of natural resources and private owners' access to recreational opportunities. 3. There is a need and justification for the subject property to be protected through the proposed NU, Natural Use District zoning that would promote the protection of the natural environment by restricting the type and extent of uses and structures that could be built and use the land. Effective date: This ordinance shall become effective in accordance with KIBC 1.10.040. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTH DAY OF OCTOBER, 2022 KODIAK ISLAND BORO GH A am�Roberts, M yor _ M. Javier, Borough Clerk VOTES: Ayes: Griffin, Smiley, Smith, Turner, Williams, Arndt, and Delgado Noes: CERTIFICATE Therefore I, -/CA4141 ( _�C.Ul�iC��JU Director of Corn u y Dev lop�t for the Kodiak Island Borough, hereby certify that on this � day of ((�� 2022, pursuant to the provision of Section 17.205.010 et seq of the Kodiak Island Borough Code, have caused the Official Zoning Map of the Kodiak Island Borough to be changed in the manner and to the extent directed and authorized by Ordinance No. 2023-08 which ordinance rezoned certain property more particularly described in such ordinance from RR2, Rural Residential Two, to NU, Natural Use District. y Seema G routte, nterim CDD(Director and sworn to before me and witnessed by me on the C7day of 202 P 2022. Kodiak Island Borough, Alaska ATT T: �Fo ?A - C Nova M. Javier, Bor ugh Clerk Ordinance No. FY2023-08 Page 3 of 6 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 Therefore I, G'.YU(LVJ ( D' ector of Comm P ty e e o n ent for the Kodiak Island Borough, hereby certify that on this day of , 2022, pursuant to the provision of Section 17.205.075 of the Kodiak Island Borough Code, have caused the Official Future Land Use Map of the Kodiak Island Borough Comprehensive Plan 2008 to be changed in the manner and to the extent directed and authorized by Ordinance No. 2023- 08 which ordinance rezoned certain property more particularly described in such ordinance from Residential (Rural Residential) to Open Space (Recreational). Seema Gar 6 te, In rim CDD Director Subscribed and sworn to before me and witnessed by me on the aI� day of ©O-Dlp f 2022. 5P. ATTE T: = Nova M. Javier, Borough Clerk qCo''� Z sKA Kodiak Island Borough, Alaska Ordinance No. FY2023-08 Page 4 of 6 11 r 167 168 Exhibit A Case 23-002: Rezone of Cliffpoint Estates Oceanfront Addition 4, Lot 7, from RR2-Rural Residential Two District to NU- Natural Use District. Location: 5917 Applicant: Oceanfront Kodiak, LLC Current Zoning Proposed Zoning �iie Cliff P°�nta 0 Rural Residential Two (RR2) Conservation (C) O Natural Use (NU) 2`cca` v Cliff P°'00d " -- Subject Parcel ' Parcels o an yam ame r.w Rezone Request Ca My Dr#d0liffieffi o.vMbn.or »� d.• ., P �. rpa/nawi. •oar.•wesc�.ry.o...wc��.. u,..�y,.,gnr.a.rb+n �W�v...+em. 901.l69]0.1 Kodiak Island Borough, Alaska Ordinance No. FY2023-08 Page 5 of 6 169 170 Exhibit B Existing Future 0 Land Use Map r Q 5917 Pinnacles Courl 0 1.125 2.250 4.500 Feet 7 Proposed Future a Land Use Map Q5917 Pinnacles Court 0 1.125 2.250 4,500 Feel r Kodiak Island Borough, Alaska Ordinance No. FY2023-08 Page 6 of 6