FY2012-19 Rezoning Old Harbor Land From R1-Single Family Residential to I-Industrial (Sage Communications, Inc.) Introduced by: Borough Manager
Requested by: CDD Director
1 Drafted by: CDD Director
2 Introduced: 04/19/2012
3 Public Hearing: 05/03/2012
Adopted: 05/03/2012
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5 KODIAK ISLAND BOROUGH
6 ORDINANCE NO. FY2012 -19
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8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
9 REZONING A TRACT OF LAND LOCATED IN OLD HARBOR FROM
10 R1- SINGLE FAMILY RESIDENTIAL TO I - INDUSTRIAL
11 (P &Z CASE 12 -030 SAGE TECHNOLOGIES, LLC)
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13 WHEREAS, the Planning and Zoning Commission received a request to rezone a tract
14 of land approximately 10 -12 acres in size in Old Harbor from R1- Single Family Residential
15 to the I- Industrial Zoning District for communications infrastructure and landfill purposes;
16 and
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18 WHEREAS, the Commission held and publically advertised meeting consistent with
19 KIBC 17.205.040; and
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21 WHEREAS, the Commission voted to recommend to the Borough Assembly that this
22 tract be rezoned finding that the public necessity, convenience and general welfare and
23 good zoning practice would be promoted by such action; and
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25 WHEREAS, the Commission hereby recommends that this rezone request be reviewed
26 and approved by the Borough Assembly.
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28 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
29 BOROUGH THAT:
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31 Section 1: This ordinance is of a general and permanent nature and shall become a
32 part of the Kodiak Island Borough Code of Ordinances.
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34 Section 2: The Old Harbor landfill described in Plat 96 -33 and described by Quit Claim
35 Deed recorded at Book 120, Pages 759 — 761 is rezoned from R1- Single
36 Family Residential to 1- Industrial.
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38 Section 3: The findings of the Kodiak Island Borough Planning and Zoning
39 Commission are hereby confirmed as follows:
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41 17.72.020 A. Findings as to the Need and Justification for a Change or
42 Amendment.
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44 The land owners, City of Old Harbor and the Old Harbor Native Corporation, need
45 this rezone in order to construct a microwave communication tower in the vicinity of
46 the Old Harbor Landfill. The site is one of the few locations with sufficient elevation
Kodiak Island Borough Ordinance No. FY2012 -19
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47 and close road accessible proximity to the community to be served. The rezone will
48 also provide the benefit of making the existing landfill a conforming use and allow
49 the community to expand the use or entertain other uses beneficial to the
50 community at this location.
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52 17.72.020 B. Findings as'to the Effect a Change or Amendment would have on
53 the Objectives of the Comprehensive Plan.
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55 The Comprehensive Plan designates all areas outside of the Townsite as
56 Conservation, however it is clear from past zoning decisions and community goals
57 and objectives that the community desires improved access to broadband services,
58 in addition to the continued function of the community landfill at this location. The
59 plan also speaks to the need for economic diversity and economic opportunity in
60 the Old Harbor community. At this time it is necessary to zone for the most
61 intensive uses that might be required at a landfill site and to accommodate the
62 related uses that might be required to support the landfill. At present the I- Industrial
63 zone best meets this need.
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65 The plan also speaks to the need to maintain good two -way communication
66 between the Kodiak Island Borough and the City of Old Harbor. This need also
67 applies to the related native corporations and tribal councils serving the community
68 as well. The rezone will eliminate certain zoning nonconformities that have existed
69 on the rezone site for many years and will encourage re- development that is
70 consistent with both past use and planned future development.
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72 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
73 THIS THIRD DAY OF MAY 2012
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76 KODIAK ISLAND BOROUGH
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79 ( I l !?
80 Jerome M. Selby, Borough It4ayor
81 a
82 ATTE T:
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86 Nova M. Javier, MMC, B. rough Clerk
Kodiak Island Borough Ordinance No. FY2012 -19
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