FY2021-15 Ordinance No. FY2021-15 Rezoning Lots 1 and 2 Isthmus Bay SIGNED
Kodiak Island Borough, Alaska Ordinance No. FY2021-15
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Introduced by: Borough Manager 1
Requested by: Planning & Zoning Commission 2
Drafted by: Community Development Department 3
Introduced on: 08/06/2020 4
Public Hearing Date: 08/20/2020 5
Adopted on: 08/20/2020 6
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KODIAK ISLAND BOROUGH 8
ORDINANCE NO. FY2021-15 9
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AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 11
LOTS 1 AND 2, ISTHMUS BAY FROM RR2 – RURAL RESIDENTIAL TWO DISTRICT TO C – 12
CONSERVATION DISTRICT (P&Z CASE NO. 20-007). 13
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WHEREAS, as a second-class borough, the Kodiak Island Borough exercises planning, 15
platting, and land use regulations on an area wide basis pursuant to A.S. Chapter 29.40; and 16
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WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 18
Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 19
1968 Comprehensive Plan; and 20
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WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with 22
AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and 23
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WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 25
general welfare or good zoning practice requires, the assembly may, by ordinance and after report 26
thereon by the commission and public hearing as required by law, amend, supplement, modify, 27
repeal or otherwise change these regulations and the boundaries of the districts”; and 28
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WHEREAS, the property owner applied for a rezone of this property from RR2 – Rural 30
Residential Two District to C – Conservation District on June 4, 2020; and 31
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WHEREAS, at an advertised public hearing, consistent with KIBC 17.205.040, the Planning 33
and Zoning Commission considered the merits of the rezone request on July 15, 2020; and 34
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WHEREAS, a condition of approval from Rezone Case 20-007 requires the applicant to modify 36
lot lines so that rezoned lots meet the C – Conservation District 5-acres minimum lot area 37
requirement; and 38
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WHEREAS, the Planning & Zoning Commission voted to recommend to the Borough Assembly 40
that the site be rezoned from RR2 – Rural Residential Two District to C – Conservation District 41
finding that the public necessity, convenience, general welfare, and good zoning practice would 42
be enhanced by such action. 43
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Kodiak Island Borough, Alaska Ordinance No. FY2021-15
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NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 45
BOROUGH THAT: 46
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Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 48
Kodiak Island Borough Code of Ordinances. 49
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Section 2: Lots 1 and 2, Isthmus Bay Subdivision, are hereby rezoned from RR2 – Rural 51
Residential Two District to C – Conservation District. 52
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Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in 54
support of their approval of this rezone. 55
1. Lodge-type businesses are prohibited in RR2 - Rural Residential Two 56
Zoning District. 57
2. The rezone would be consistent with the objectives of the comprehensive 58
plan. 59
3. The requested zoning district, C – Conservation, requires a minimum lot 60
area of 5 acres. The area of Lot 1 is 4.47 acres. 61
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Effective Date: This ordinance takes effect upon satisfaction of the condition of approval. 63
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ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 65
THIS TWENTIETH DAY OF AUGUST 2020. 66
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VOTES: 68
Ayes: Turner, Arndt, Kavanaugh, Schroeder, Skinner 69
Noes: Dvorak 70