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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />Introduced by: <br />Requested by: <br />Drafted by: <br />Introduced: <br />Public Hearing: <br />Adopted: <br />KODIAK ISLAND BOROUGH <br />ORDINANCE NO. FY2016-26 <br />Borough Assembly <br />Owner's Request <br />Community Development <br />Department <br />06/16/2016 <br />07/07/2016 <br />07/07/2016 <br />AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND <br />BOROUGH REZONING LOTS 10 THRU 13, BLOCK 31, EAST <br />ADDITION SUBDIVISION FROM R2 -TWO-FAMILY RESIDENTIAL <br />DISTRICT TO R-3 MULTIFAMILY RESIDENTIAL DISTRICT (P&Z CASE <br />NO. 16-012) <br />WHEREAS, as a second class Borough, the Kodiak Island Borough excercises planning, <br />platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska <br />Statutes; and <br />WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 <br />Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace <br />the 1968 Comprehensive Plan; and <br />WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance <br />with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and <br />WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity, convenience, <br />general welfare or good zoning practice requires, the assembly may, by ordinance and <br />after report thereon by the commission and public hearing as required by law, amend, <br />supplement, modify, repeal or otherwise change these regulations and the boundaries of <br />the districts;" and <br />WHEREAS, the Planning and Zoning Commission received a request to rezone Lots 10 <br />thru 13, Block 31, East Addition Subdivision from R2 -Two-family Residential District to R-3 <br />Multifamily Residential District; and <br />WHEREAS, at their March 16, 2016 regular meeting, the Commission considered the <br />merits of the rezone request during an advertised public hearing, consistent with Kodiak <br />Island Borough Code 17.205.040; and <br />WHEREAS, following the public hearing, a motion to recommend that the Borough <br />Assembly approve the rezone failed on a 3 to 3 vote; and <br />WHEREAS, at their April 20, 2016 regular meeting, the Commission adopted findings of <br />fact in support of the denial of the rezone; and <br />Kodiak Island Borough, Alaska Ordinance No. FY2016-26 <br />Page 1 of 2 <br />