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FY2009-02 Rezone Lot 1A-3, US Survey 3465KODIAK ISLAND BOROUGH ORDINANCE NO. FY2009 -02 Introduced by: Manager Gifford Requested by: Manager Gifford Drafted by: Director Cassidy Introduced: 06/19/2008 Public Hearing: 07/17/2008 Adopted: 07/17/2008 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING A PORTION OF LOT 1A -3, U.S. SURVEY 3465 FROM PL — PUBLIC USE LANDS TO RR1 - RURAL RESIDENTIAL ONE ZONING DISTRICT. (P&Z CASE 07 -001) WHEREAS, the petitioner of this rezone request has indicated a desire to purchase Borough land and the Planning and Zoning Commission and Borough Assembly have agreed to sell a portion of borough land adjacent to the petitioner's residence; and WHEREAS, the purchase of KIB real property requires the petitioner to, among other things, have the parcel of Borough land rezoned to the same zoning district as the petitioner's master parcel; and WHEREAS, the P &Z Commission held a public hearing on May 21, 2008 to rezone approximately 7,000 square feet of KIB real property from PL- Public Use Lands to RR1- Rural Residential One zoning district; and WHEREAS, the Commission found that the rezone request to be generally consistent with the Kodiak Island Borough Comprehensive Plan; and WHEREAS, the Commission recommends that the Kodiak Island Borough Assembly rezone approximately 7,000 square feet of Lot 1A -3, U.S. Survey 3465 from PL- Public Use Lands to RR1- Rural Residential One Zoning District. 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: This ordinance applies to a portion of Lot 1A -3, U.S. Survey 3465 which will be rezoned from PL — Public Use Lands to RR1 - Rural Residential One. Section 3: 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. Kodiak Island Borough Ordinance No. FY2009 -02 Page 1 of 2 Section 4: The rezone of the said property is subject to the following effective clauses: 1. The rezone become effective upon the recordation of the companion plat legally describing the land; and 2. The rezone becomes effective upon the final closing of this land disposal and the issuance of a quitclaim deed from the Borough to the petitioner. ATTEST: The rezone is needed and justified because the owner is entitled to consistent application of the building setback requirements. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone from PL- Public Use Lands to RR1 -Rural Residential One Zoning district is consistent with the 2008 Kodiak Island Borough Comprehensive Plan. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SEVENTEENTH DAY OF JULY, 2008 Nova M. Javier, CMC Borough Clerk KODIAK ISLAND BOROUGH Q_ Je me M. Selby, Borou Kodiak Island Borough Ordinance No. FY2009 -02 Page 2of2