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2001-09 Rezoning Lots Chiniak HighwayAN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REZONING LOTS 2A AND 2B, OF THE SOUTHERN HALF OF U.S. SURVEY 2878, AND OF AN APPROXIMATE TEN (10) ACRE PORTION OF THE NORTHERN HALF OF U.S. SURVEY 2878, FROM C- CONSERVATION TO RNC -RURAL NEIGHBORHOOD COMMERCIAL (29675, 29677 AND 29679 CHINIAK HIGHWAY) WHEREAS, the owner of Lot 2A and 2B, of the southern half of U.S. Survey 2878 has requested the above referenced lots be rezoned from C- Conservation to RNC -Rural Neighborhood Commercial; and WHEREAS, the Kodiak Island Borough Planning and Zoning Commission determined that it was appropriate to include a 10 acre portion of the adjoining land, in order to make conforming a longstanding commercial use in the C- Conservation zoning district; and, WHEREAS, the Kodiak Island Borough Planning and Zoning Commission held a public hearing on this rezone request at their January 17, 2001 regular meeting; and WHEREAS, upon consideration of the request, the Kodiak Island Borough Planning and Zoning Commission has recommended that the Kodiak Island Borough Assembly approve the rezoning of Lots 2A and 2B, of the southern half of U.S. Survey 2878 and an approximately 10 acre portion of the northern half of U.S. Survey 2878 from C- Conservation to RNC -Rural Neighborhood Commercial. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is not of general application and shall not be codified. Section 2: KODIAK ISLAND BOROUGH ORDINANCE NO. 2001 -09 Lots 2A and 2B, of the southern half of U.S. Survey 2878 and an approximately 10 acre portion of the northern half of U.S. Survey 2878, are hereby rezoned from C- Conservation to RNC -Rural Neighborhood Commercial. Section 3: The rezone is subject to the following conditions of approval: Introduced by: Manager Jensen Requested by: Planning & Zoning Commission Drafted by: Community Development Department Introduced: 03/15/2001 Public Hearing: 04/05/2001 Adopted: 04/05/2001 1. This rezone will not be approved by the Assembly until the revisions to Chapter 17.22 of Borough Code which would: 1) increase the RNC -Rural Neighborhood Commercial lot area minimum from 40,000 square feet to two acres and lot width minimum from 120 feet to 180 feet, and 2) incorporate into the RNC zoning district the performance standards of KIBC 17.21.050 for the B- Business zoning district requiring screening, landscaping and buffering, where appropriate, replacing Code Section 17.22.100 A. Kodiak Island Borough, Alaska Ordinance No. 2001 -09 Page 1 of 2 2. The portion of the northerly half of U.S. Survey 2878 (Kalsin Bay Inn) intended to be rezoned to RNC will be defined by survey description prior to Assembly approval of the rezone. Section 4: The findings of the Kodiak Island Borough Planning and Zoning Commission are hereby confirmed as follows: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. A rezone from RR1 -Rural Residential One and R1- Single Family Residential to R3 -Multi Family Residential is needed and justified because the R3 -Multi Family Residential zoning district permits development that: A. consistent with the historical use of restaurant /lounge /lodging (Kalsin Bay Inn) which has been established on the northerly portion of U.S. Survey 2878 since the 1960's; B. would eliminate the nonconforming ( "grandfathered ") use of The Kalsin Bay Inn by making it conforming; C. with adoption of recommended revisions to the RNC zoning district increasing the minimum lot area and lot width required in the RNC zoning district, this rezone will be more suitable to providing needed commercial zoning in this area. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. While neither the KIB Comprehensive Plan nor any subarea element of that plan addresses Kalsin Bay, a change of zoning from C- Conservation to the RNC Rural Neighborhood Commercial zoning district is necessary because: A. it is consistent with the planning concept of establishing commercial "nodes" at appropriate intervals along the Chiniak Highway, which was adopted into the Chiniak Plan; and B. it dovetails neatly with the goal stated in the Pasagshak /Narrow Cape Area Plan to discourage commercial uses (in the Pasagshak /Narrow Cape Area) by directing commercial zoning to appropriate locations in Kalsin Bay. Section 5: This rezone shall become effective upon adoption, and the official zoning map shall be updated to reflect this rezoning. ATTEST: i udith Nielsen Kodiak Island Borough, Alaska ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS FIFTH DAY OF APRIL, 2001 KODIAK ISLAND BOROUGH C, Borough Clerk Gabrielle LeDoux, Borough Mayor Ordinance No. 2001 -09 Page 2 of 2