FY2012-07 Leisnoi Rezone Introduced by: Borough Manager
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Requested by: P&Z Commission
2 Drafted by: CDD Director
3 Introduced: 09/01/2011
4 Public Hearing: 09/15/2011
Adopted: 09/15/2011
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6 KODIAK ISLAND BOROUGH
7 ORDINANCE NO. FY2012 -07
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9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING
10 A PORTION OF SECTION 28, TOWNSHIP 28 SOUTH, RANGE 29 WEST, SEWARD
11 MERIDIAN FROM C- CONSERVATION TO RR2- RURAL RESIDENTIAL TWO
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13 WHEREAS, this unsubdivided portion Section 28, T28S R29W Seward Meridian is a strip
14 of land that sits between the Old Rendezvous site (portion of US Survey 2735) and the
15 Chiniak Highway; and
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17 WHEREAS, the owners of the former Rendezvous site negotiated the purchase of this
18 additional land and are seeking to increase the acreage of their existing lot from 1.14 acres
19 to 2.56 acres and create a parcel that has frontage on to the Chiniak Highway; and
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21 WHEREAS, this subdivision has been approved subject to both properties having the
22 same zoning district designation
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24 WHEREAS, the 2008 Kodiak Island Borough Comprehensive Plan Update has identified
25 this area of Middle Bay for C- Conservation — 5 acre minimum parcels; and
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27 WHEREAS, the commission's decision held that though the joining of these two pieces of
28 land falls short of the required minimum lot size in the Conservation zone, the density of the
29 area will not be increased by this action and there is public interest in the owner gaining
30 direct access to the Chiniak Highway; and
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32 WHEREAS, the commission held a properly noticed public hearing on this request and is
33 recommending that the Assembly approve the rezone of the unsubdivided parcel identified
34 above From C- Conservation To RR2 — Rural Residential Two with an effective clause that
35 states this action will not become effective until a final plat joining these two parcels (Case
36 S11 -003) is filed and recorded.
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38 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
39 BOROUGH THAT:
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41 Section 1: This ordinance is not of a general and permanent nature and shall not
42 become a part of the Kodiak Island Borough Code of Ordinances;
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44 Section 2: A portion of Section 28, Township 28 South, Range 29 West, Seward
45 Meridian is rezoned from C- Conservation to RR2 — Rural Residential Two.
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47 Section 3: This approval will not become effective until a final plat joining the properties
48 (Case S11 -003) is filed and recorded.
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Kodiak Island Borough Ordinance No. FY2012 -07
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50 Section 4: The findings of the Kodiak Island Borough Planning and Zoning Commission
51 are hereby confirmed as follows:
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53 17.72.020 A. Findings as to the Need and Justification for a Change or
54 Amendment.
55 The rezones are needed to consolidate the zoning of two parcels that are proposed
56 to be consolidated by an approved preliminary plat. With the borough's GIS based
57 zoning system it is difficult to map multiple zones on a single lot where there are no
58 property boundaries to associate with the zoning boundaries. It is also bad policy to
59 allow individual lots with multiple zoning districts. The acquisition of C- Conservation
60 zoned land between the Chiniak Highway combined with a Portion of U.S. Survey
61 2735 (the Old Rendezvous site) moves the resulting site towards conformity with the
62 character of the surrounding area. The resulting parcel will more than double in size
63 to 2.56 acres with minimal change to the zoning and the lot will then have frontage
64 on the Chiniak Highway.
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66 17.72.020 B. Findings as to the Effect a Change or Amendment would have on
67 the Objectives of the Comprehensive Plan.
68 The proposed replat in Case S11 -003 serves as the catalyst for these rezones which
69 will move the two parcels towards conformity with the overall character of the
70 surrounding area. The application of RR2 -Rural Residential Two zoning would not
71 allow future subdivision of the resulting lot and the list of permitted uses in the RR1
72 and RR2 zones are very similar. The petitioner has little chance of acquiring
73 additional acreage to create a five (5) acre site that would conform to the C-
74 Conservation zoning district. The RR2 zone therefore provides the best balance
75 between the character of the surrounding area and conformity with the
76 comprehensive plan designation for Conservation use.
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78 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
79 THIS FIFTEENTH DAY OF SEPTEMBER, 2011
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81 KODIAK ISLAND BOROUGH
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84
85�
86 Je ome M. Selby, Bah yor
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88 ATTEST:
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92 f ��
93 Nova M. Javier, MMC, '.rough Clerk.
Kodiak Island Borough Ordinance No. FY2012 -07
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