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FY2013-14 Rezone for Lot 2, Block 17, Tract A, Ouzinkie Township to UNC-Urban Neighborhood Commercial Zoning District 1 Introduced by: Acting Manager 2 Requested by: CDD Acting Director 3 Drafted by: CDD Acting Director 4 Introduced: 01/17/2013 5 Public Hearing: 02/07/2013 6 Adopted: 02/07/2013 7 8 KODIAK ISLAND BOROUGH 9 ORDINANCE NO. FY2013 -14 10 11 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 12 APPROVING A REZONE FOR LOT 2 BLOCK 17, TRACT A, OUZINKIE TOWNSHIP 13 SUBDIVISION, FROM R1- SINGLE- FAMILY RESIDENTIAL TO UNC -URBAN 14 NEIGHBORHOOD COMMERCIAL ZONING DISTRICT (CASE 13 -008) 15 16 WHEREAS, the Planning and Zoning Commission initiated a rezone investigation of Lot 17 2, Block 17, Tract A, Ouzinkie Townsite Subdivision per KIBC 17.205.030 B; and 18 19 WHEREAS, Lot 2 has been improved with a public use facility; and 20 21 WHEREAS, the Commission held a properly noticed public hearing on this request and 22 is recommending that the Assembly find that a rezone of Lot 2, Block 17, Tract A, 23 Ouzinkie Townsite Subdivision from R1- Single- family Residential to UNC -Urban 24 Neighborhood Commercial Zoning District is in keeping with the guidance and objectives 25 of the 2008 Comprehensive Plan. 26 27 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 28 BOROUGH that the following parcel shall be rezoned from R1- Single- family Residential to 29 UNC -Urban Neighborhood Commercial Zoning District as follows: 30 31 Section 1: This ordinance is not of general application and shall not be codified. 32 33 Section 2: Lot 2 Block 17, Tract A, Ouzinkie Townsite Subdivision is hereby rezoned 34 from R1- Single- family Residential la UNC -Urban Neighborhood 35 Commercial Zoning District. 36 37 Section 3: The City of Ouzinkie must obtain the required "After- the - Fact" zoning 38 compliance permit for the existing public use facility located on Lot 2, Block 39 17, Tract A, Ouzinkie Townsite Subdivision prior to this rezone becoming 40 effective. 41 42 Section 4: The City of Ouzinkie must comply with the terms of Conditional Use Permit 43 13 -008 prior to this rezone becoming effective. 44 45 Section 5: The findings of the Kodiak Island Borough Planning and Zoning 46 Commission are hereby confirmed as follows: 47 48 17.205.020.A. Findings as to need and justification for a change or 49 amendments: 50 A rezone from the R -I Single Family Residential Zoning District to the UNC - 51 Urban Neighborhood Commercial Zoning District is needed for the purpose Kodiak Island Borough, Alaska Ordinance No. FY2013 -14 Page 1 of 2 52 of removing doubt with respect to the property's ability to legally support the 53 existing use. 54 A rezone from the R -I Single Family Residential Zoning District to the UNC- 55 Urban Neighborhood Commercial Zoning District is justified because no 56 alternative highest & best use has been presented. 57 58 17.205.020.B. Findings as to the effect a change or amendment would 59 have on the objectives of the comprehensive plan. 60 A rezone from the R -I Single Family Residential Zoning District to the UNC- 61 Urban Neighborhood Commercial Zoning District would be in conformity 62 with the broad guidelines of the applicable comprehensive plan. 63 64 A rezone from R -I Single Family Residential Zoning District to the UNC- 65 Urban Neighborhood Commercial Zoning District would provide positive 66 reinforcement to the general principle that the Zoning Ordinance should be 67 adhered to even in the case of locations not on the existing Urban Area 68 road system. 69 70 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 71 THIS SEVENTH DAY OF FEBRUARY, 2013 72 KODIAK ISLAND BOROUGH 73 74 75 ` •' 76 L / 4.4./.a 77 ATTEST: Jero e M. Selby, Borough 78 79 81 80 ll l .41 ,AB-A-) 82 Nova M. Javier, MMC, B. /.ugh Clerk Kodiak Island Borough, Alaska Ordinance No. FY2013 -14 Page 2 of 2