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2004-01 Rezoning U.S. Survey 2538 A and BKODIAK ISLAND BOROUGH ORDINANCE NO. 2004 -01 Introduced by: Manager Carlson Requested by: Planning & Zoning Commission Drafted by: Community Development Dept. Introduced: 03/04/2004 Public Hearing: 03/18/2004 Adopted: 03/18/2004 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REZONING 3 PORTIONS OF U.S. SURVEY 2538A &B WHICH ARE INTENDED TO BE INCORPORATED INTO PROPOSED TRACTS B -1 AND B -2, U.S. SURVEY 2538A &B, FROM C- CONSERVATION TO R -3 -MULTI FAMILY RESIDENTIAL (P &Z CASE 03 -022) WHEREAS, the Alaska Housing Finance Corporation (AHFC) is in the process of re- platting Tract B, U.S. Survey 2538A &B to incorporate three parcels of C- Conservation zoned land into the Pacific Terrace housing project as part of a land exchange with the City of Kodiak; and, WHEREAS, a condition of approval from Subdivision Case S03 -017 required the initiation of this rezone to eliminate a split lot zoning situation where portions of proposed Tracts B -1 and B -2, U.S. Survey 2538A &B would be located in two separate zoning districts, C- Conservation and R3- Multi- family Residential; and, WHEREAS, the Commission has determined that it would be best to have all of the AHFC owned land in the R3- Multi- family Residential zoning district; and, WHEREAS, the P & Z Commission held a public hearing on November 19, 2003 for this case; and, WHEREAS, upon consideration of the request, the Commission recommends that the Kodiak Island Borough Assembly rezone the portions of U.S. Survey 2538A &B identified as interim parcels 1 -A, 1 -B and 1 -C from C- Conservation to R3- Multi- family Residential, 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: Interim parcels 1 -A, 1 -B and 1 -C, located in U.S. Survey 2538A &B and as described on the parcel descriptions prepared by Peratrovich, Nottingham and Drage, Inc., dated November 5, 2003, are hereby rezoned from C- Conservation to R- 3- Multi- family Residential. Kodiak Island Borough, Alaska Ordinance No. 2004 -01 Page 1 of 2 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. This action to rezone w ill move the subject property further _ _ . _ 1. This ��.� uvuvi i to rezone is vv iii move iU VG U IG JUUfCI:I EJf U�JCf ly TUfiner ZOWarQS compliance with Title 17 of the Borough Code. 2. This action to rezone will allow the property owner to effectively utilize an area heretofore occupied "at will" by the City of Kodiak. 3. This action to rezone will reduce the administrative burden of various Borough departments required to maintain multiple files for this property. 4. This action to rezone will reduce the Borough's administrative cost associated with maintaining multiple files for this property. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. Section 4: Effective Clauses: ATTEST: No effects on the Objectives of the Comprehensive Plan are anticipated as a result of this rezone action. 1. Rezone to be contingent upon the completion of the related subdivision case (S03 -017). 2. Rezone to become effective upon title to the proposed rezone areas vesting in the Alaska Housing Finance Corporation. Kodiak Island Borough, Alaska ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS EIGHTEENTH DAY OF MARCH, 2004 udith Nielsen cmc Borough Clerk KODIAK ISLAND BOROUGH Gabrielle LeDoux, Bor• gh Mayor Ordinance No. 2004 -01 Page 2 of 2