2002-04 Rezone State Land Survey 90-151KODIAK ISLAND BOROUGH
ORDINANCE NO. 2002 -04
Introduced by: Manager Carlson
Requested by: P & Z Commission
Drafted by: Community
Development Director
Introduced: 02/07/2002
Public Hearing: 02/21/2002
Adopted: 02/21/2002
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REZONING ALASKA STATE
LAND SURVEY 90 -151 FROM WH- WILDLIFE HABITAT
TO RD -RURAL DEVELOPMENT, IN ACCORDANCE WITH THE ATTACHED MAP
(GENERALLY LOCATED ALONG EAGLE HARBOR, UGAK BAY)
WHEREAS, the petitioner, Sharon Boeck, wishes to rezone Alaska State Land Survey (ASLS) 90-
151, a 3.46 acre parcel, from WH- Wildlife Habitat to RD -Rural Development, and,
WHEREAS, Kodiak Island Borough Planning and Zoning Commission held two (2) public hearings
on this rezone request, at their October 17 and November 19, 2001 regular meetings; and
WHEREAS, the Commission found that the rezone is generally consistent with the provisions of
the 1983 Kodiak Island Borough Coastal Management Program, which is an element of the Kodiak
Island Borough Comprehensive Plan (as amended), and,
WHEREAS, after considering this request, the Kodiak Island Borough Planning and Zoning
Commission has recommended that the Kodiak Island Borough Assembly approve the rezone from
WH- Wildlife Habitat to RD -Rural Development.
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: Alaska State Land Survey 90 -151, as depicted on Exhibit A (attached), is hereby
rezoned from WH- Wildlife Habitat to RD -Rural Development, subject to the following
two (2) effective clauses:
1. The property owner shall submit a written request for the withdrawal of Rezone
Case 93 -044, prior to the rezone in this case becoming effective.
2. The property owner shall submit a current as -built survey showing the location
of the lodge structure on ASLS 90 -151, and submit a completed zoning
compliance permit, along with the required fee, for review and approval by the
Community Development Department to update the official record as to the
nature of the structures and use on ASLS 90-151.
Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are
hereby confirmed as follows:
Kodiak Island Borough, Alaska Ordinance No. 2002 -04
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ATTEST:
17.72.020 A. Findings as to the Need and Justification for a Change or Amendment.
A rezone from WH-- Wildlife Habitat to RD- -Rural Development is needed and justified
because the RD- -Rural Development zoning district permits development that:
A. is consistent with the type of development that private land owners increasingly
want to develop in remote areas of the Borough;
B. will not increase the nonconformity of any nonconforming uses or structures,
subject to an effective clause requiring zoning compliance prior to the effective date
of the rezone;
C. must be setback from marine and anadromous waters unless the use developed
is water dependent;
D. will result in a sensible and efficient use of coastal lands;
E. allows for a balance of uses, due to the range of uses permitted, which will not
favor short run gains at the expense of Tong -term benefits, and;
F. will be coordinated with the applicable State and federal agencies, to the
appropriate extent, when new development occurs;
G. the nearest existing RD -Rural Development zoned sites (4) are located 8 to 10 miles
distant at the head of Ugak Bay (2) and on Hidden Basin (2).
17.72.020 B. Findings as to the Effect a Change or Amendment would have on the
Objectives of the Comprehensive Plan.
A change of zoning from W14--Wildlife Habitat to RD- -Rural Devetopmer rt on ASLS
151, a 3.46 acre tract located along the south shore of Ugak Bay, is generally consistent
with the applicable policies of the Kodiak Island Borough Coastal Management Program.
The KIBCMP is an adopted component of the Kodiak Island Borough's comprehensive
plan. The tract is located in the area designated by the KIBCMP for Development with
Restrictions. Subsequent review of development on ASLS 90 -151 will be subject to RD-
Rural Development zoning district standards which are comprehensive, flexible, and
based in large part upon the applicable sections of the KIBCMP.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS TWENTY -FIRST DAY OF FEBRUARY, 2002
• L
udith A. Nielsen CMC, :orough Clerk
Kodiak Island Borough, Alaska
KODIAK ISLAND BOROUGH
Gabrielle LeDoux, Borough'Mayor
Ordinance No. 2002 -04
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