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FY2012-13 Rezone Along Spruce Cape Road (P&Z Case 12-002) 1 Introduced by: Borough Manager 2 Requested by: P &Z Commission 3 Drafted by: CDD Director Introduced: 12/01/2011 4 Public Hearing: 12/15/2011 5 Adopted: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2012 -13 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 11 CERTAIN LOTS ALONG SPRUCE CAPE ROAD FROM Ri- SINGLE FAMILY 12 RESIDENTIAL TO R2- TWO FAMILY RESIDENTIAL. P &Z CASE 12 -002 13 14 WHEREAS, the Planning and Zoning Commission received a request to rezone an 15 individual lot located along Spruce Cape Road; and 16 17 WHEREAS, after holding a publically advertised meeting and consistent with KIB 18 17.205.050, the Commission voted to expand the area under consideration for rezone; and 19 20 WHEREAS, the Commission held a second public meeting to review the rezone of nine 21 (9) lots; and 22 23 WHEREAS, the Commission voted to recommend to the Borough Assembly that this 24 compact group of parcels be rezoned finding that the public necessity, convenience, and 25 general welfare and good zoning practice would be forwarded by such action; and 26 27 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 28 and approved by the Borough Assembly. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 31 BOROUGH THAT: 32 33 Section 1: This ordinance is not of a general and permanent nature and shall not 34 become a part of the Kodiak Island Borough Code of Ordinances. 35 36 Section 2: Lots 7A, 7B, 8, 9A, 9C, 9D, 10A -1, 10A -2 and 10C, U.S. Survey 3099 are 37 rezoned from R1- Single Family Residential to R2- Two Family Residential. 38 39 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission 40 are hereby confirmed as follows: 41 42 17.205.020 A. Findings as the Need and Justification for a Change or 43 Amendment. 44 45 There was no need or justification for rezoning a single lot in a neighborhood 46 to a zoning district different than the surrounding area. Such a rezone will 47 be out of place spot zoning in the context of being totally surrounded by 48 other R1- Single Family zoned land. The petitioners of Lot 10A -2 requested • 49 the rezone initially, but good zoning practice would discourage the treatment 50 of this one lot to a different set of development standards than any of the 51 surrounding lots currently enjoy. 52 Kodiak Island Borough Ordinance No. FY2012 -13 Page 1 of 2 53 The Commission expanded the rezone area which now goes from the waste 54 water treatment plant to Cutoff Road and which is bounded by Rezanof 55 Drive on the north and Spruce Cape Road on the south. This rezone area 56 makes more sense as R2- Two - family Residential is predominately the same 57 zoning that has been applied eastward beyond the waste water treatment 58 plant to most of those lands outside the City of Kodiak which are served by 59 municipal water and sewer. For reasons of access to roads and utilities, 60 comparable lot sizes and the compact and discrete configuration of this 61 rezone area the application of R2- Two - family Residential zoning would be 62 appropriate. 63 64 17.205.020 B. Findings as to the Effect a Change or Amendment would 65 have on the Objectives of the Comprehensive Plan. 66 67 The 2008 Kodiak Island Borough Comprehensive Plan Update recommends 68 this area for Urban Residential and though consistent with the goals and 69 objectives of the comprehensive plan, the rezoning of a single lot (10A -2) 70 should be considered in the context of a larger neighborhood rezoning. The 71 consideration of a discrete rezone area as expanded by the Planning & 72 Zoning Commission, supported in writing by a substantial number of affected 73 property owners, is a better indicator of whether the proposed change is 74 appropriate under the applicable plan goals and objectives. This is assuming 75 that the Commission has also determined that the rezone area is appropriate 76 for land uses allowed in both R1 or R2 zoning districts by virtue of access to 77 major roads and utilities and the lots are sized appropriately to support 78 permitted and conditional uses in both districts. 79 80 17.205.020 C. Recommendations as to the approval or disapproval of 81 the change or amendment. 82 83 The Kodiak Island borough Planning and Zoning Commission recommends approval 84 of this rezone request. 85 86 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 87 THIS FIFTEENTH DAY OF DECEMBER, 2011 88 89 90 KODIAK ISLAND BOROUGH 91 92 93 94 Jerime M. Selby, Borough Ma or 95 96 ATTEST: 97 99 / . A , A 100 Nov: M. Javier, M I , Borough Clerk Kodiak Island Borough Ordinance No. FY2012 - Page 2 of 2