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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 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2012 -19 7 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) 12 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 17 18 WHEREAS, the Commission held and publically advertised meeting consistent with 19 KIBC 17.205.040; and 20 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 24 25 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 26 and approved by the Borough Assembly. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 29 BOROUGH THAT: 30 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. 33 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. 37 38 Section 3: The findings of the Kodiak Island Borough Planning and Zoning 39 Commission are hereby confirmed as follows: 40 41 17.72.020 A. Findings as to the Need and Justification for a Change or 42 Amendment. 43 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 Page 1 of 2 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. 51 52 17.72.020 B. Findings as'to the Effect a Change or Amendment would have on 53 the Objectives of the Comprehensive Plan. 54 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. 64 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. 71 72 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 73 THIS THIRD DAY OF MAY 2012 74 75 76 KODIAK ISLAND BOROUGH 77 78 79 ( I l !? 80 Jerome M. Selby, Borough It4ayor 81 a 82 ATTE T: 83 84 85 86 Nova M. Javier, MMC, B. rough Clerk Kodiak Island Borough Ordinance No. FY2012 -19 Page 2 of 2