FY2011-14 Beehler Rezone to R3-Multifamily Residential Introduced by: Borough Manager
1 Requested by: CDD Director
Drafted by: CDD Staff
2 Introduced: 04/07/2011
3 Public Hearing: 04/21/2011
4 Adopted: 04/21/2011
5 KODIAK ISLAND BOROUGH
6 ORDINANCE NO. FY2011 -14
7
8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
9 REZONING LOT G -1, U.S. SURVEY 3218 FROM B- BUSINESS TO R3- MULTIFAMILY
10 RESIDENTIAL; AND, REZONING LOTS D -2, H -1, H -2 AND G -2 FROM RR1 -RURAL
11 RESIDENTIAL ONE TO R3- MULTIFAMILY RESIDENTIAL. (P&Z CASE 11 -014)
12
13 WHEREAS, Bruce and Lila Beehler requested the rezone of Lot G -1, U.S. Survey 3218
14 from B- Business to R3- Multifamly Residential; and
15
16 WHEREAS, the Planning and Zoning Commission held a public hearing on January 19,
17 2011, after which it increased the scope of review to include adjacent Lots D -2, H -1, H -2 and
18 G -2, U.S. Survey 3218 over concerns of possible "spot zoning" if Lot G -1 alone was
19 rezoned, and because the additional lots were all located in the RR1 -Rural Residential One
20 zoning district; and
21
22 WHEREAS, a second public hearing was held on March 16, 2011 to consider the possible
23 rezone of all five (5) lots to R3- Multifamily Residential; and
24
25 WHEREAS, Planning and Zoning Commission found a broader area in need of rezoning
26 to R3- Multifamily Residential in order to provide more development opportunities in the area
27 and to provide a better fit with the surrounding B- Business zoned lands; and
28
29 WHEREAS, the Commission finds the request to be generally consistent with the goals
30 and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update; and
31
32 WHEREAS, the Commission recommends that the Kodiak Island Borough Assembly
33 rezone Lot G -1, U.S. Survey 3218 from B- Business to R3- Multifamily Residential and Lots
34 D -2, H -1, H -2 and G -2, U.S. Survey 3218 from RR1 -Rural Residential One toR3- Multifamily
35 Residential.
36 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
37 BOROUGH that
38
39 Section 1: This ordinance is not of general application and shall not be codified.
40
41 Section 2: Lot G -1, U.S. Survey 3218 is hereby rezoned from B- Business to R3-
42 Multifamily Residential.
43
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44 Section 3: Lots D -2, H -1, H -2 and G -2, U.S. Survey 3218 are hereby rezoned from RR1-
45 Rural Residential One to R3- Multifamily Residential.
46
47 Section 4: The findings of the Kodiak Island Borough Planning and Zoning Commission
48 are hereby confirmed as follows:
49
50 17.72.020 A. Findings as to the need and justification for a change or
51 amendment.
52 Four of the five lots in the rezone area are currently zoned RR1 -Rural
53 Residential One which is a large lot low density single - family residential
54 zoning district. This zoning appears to be out of place in the context of being
55 totally surrounded by B- Business zoned land. In addition, the lots are located
56 in the urban area along a developed arterial street with excellent access to
57 utilities, schools and services in the area. The fifth lot is zoned B- Business,
58 but developed as residential that is similar to the other lots in the
59 aforementioned RR1 zoning district. The petitioners of this fifth lot requested
60 the rezone initially, but good zoning practice would discourage the treatment
61 of this one lot to a different set of development standards than any of the
62 surrounding lots currently enjoy.
63
64 Changing the zoning of these five lots to R3 would not have a major impact
65 on the availability of either the RR1 -Rural Residential One or B- Business
66 zoned land. Generally, multi - family residential is considered a good fit with
67 commercially zoned land as it is an allowed use in some form in all urban
68 commercial zones where municipal water and sewer are available. There
69 may be some concerns about the mixed use nature of the area surrounding
70 the rezone area (B- Business zoned land). On the whole, however, the rezone
71 has more positive attributes than negative, hence the recommendation to
72 make the zoning change from RR1 -Rural Residential One and B- Business to
73 R3- Multi- family Residential.
74
75 17.72.020 B. Findings as to the Effect a Change or Amendment would have
76 on the Objectives of the Comprehensive Plan.
77 The 2008 Kodiak Island Borough Comprehensive Plan Update recommends
78 this area for Rural Residential for four of the five affected lots. The fifth lot is
79 recommended to remain Commercial /Business. While it is appropriate to give
80 the plan due deference in these matters, it is clear from review that these
81 designations are not fully consistent with the kinds of land uses currently
82 developed in the area and that the plan designation is largely derived from
83 the prior zoning map. Clearly no one was specifically concerned with the
84 zoning of this area at the time the last major plan update was being compiled.
85
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86 Investigation of the rezone indicates a substantial disconnect between the
87 prevailing commercial zoning and development context of the rezone area.
88 This can only be remedied by a deviation from the express designations of
89 the comprehensive plan. This, therefore, may be an exceptional situation
90 whereby the due deference accorded the plan must yield to the more
91 practical and realistic considerations pertaining to the rezone area and how
92 this area can be of benefit to the overall community in the light of future
93 development and use potential represented by these five lots.
94
95 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
96 THIS TWENTY FIRST DAY OF APRIL 2011
97
98
99 KODIAK ISLAND BOROUGH
100
101 (
102 \ +�
103 Jere e M. Selby . e,;sor
104 ATTEST:
105 14
106
107 � f
108 Nova M. Javier, f'1MC, Borough
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