FY2013-13 Rezoning a Portion of the Borough Landfill Tract Case 13-012 Introduced by: Borough Manager
Requested by: Borough Manager
1 Drafted by: Community Development
2 Department
Introduced: 01/17/2013
3 Public Hearing: 02/07/2013
4 Postponed: 03/07/2013
5 Adopted: 03/07/2013
6 KODIAK ISLAND BOROUGH
7 ORDINANCE NO. FY2013 -13
8
9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
10 REZONING A PORTION OF KODIAK ISLAND BOROUGH LANDFILL TRACT, PER
11 PLAT 96 -31, FROM C— CONSERVATION ZONING DISTRICT TO I— INDUSTRIAL
12 ZONING DISTRICT (CASE 13 -012)
13
14 WHEREAS, the Planning and Zoning Commission received a request to rezone a
15 214.4 acre tract of land along Monashka Bay Road; and
16
17 WHEREAS, at an advertised public hearing consistent with KB 17.205.040, the
18 Commission considered the merits of the rezone request; and
19
20 WHEREAS, the Commission voted to recommend to the Borough Assembly that a
21 portion of this land, excepting the area subject to the "Greenbelt" Ordinance No. 98 -06,
22 be rezoned with the finding that the public necessity, convenience, and general welfare
23 and good zoning practice would be enhanced by such action; and
24
25 WHEREAS, the Commission recommended that this rezone request be reviewed and
26 approved by the Borough Assembly; and
27
28 WHEREAS, the Assembly referred the proposed rezoning to the Monashka Bay Road
29 Service Area Board for further review and comment; and
30
31 WHEREAS, discussions between the board and staff have resulted in a further
32 reduction of the area intended to be rezoned to the I- Industrial zoning district; and
33
34 WHEREAS, the remainder of the Kodiak Landfill Tract will be considered for rezone to
35 NU- Natural Use zoning district in a separate review process to be initiated by the
36 Assembly and the "Greenbelt' Ordinance No. 98 -06 will also need to be considered for
37 amendment to acknowledge the change of zoning to be enacted here and the planned
38 developments currently being undertaken on the revised landfill site.
39
40 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK
41 ISLAND BOROUGH THAT:
42
43 Section 1: This ordinance is not of a general and permanent nature and shall not
44 become a part of the Kodiak Island Borough Code of Ordinances;
45
46 Section 2: A portion of Kodiak Landfill Tract as identified on the attached Exhibit A,
47 per Plat 96 -31, is rezoned from C- Conservation Zoning District to I —
48 Industrial Zoning District.
49
Kodiak Island Borough, Alaska Ordinance No. FY2013 -13
Page 1 of 2
50 Section 3: The findings of the Kodiak Island Borough Planning and Zoning
51 Commission are hereby confirmed as follows:
52
53 17.205.020 A. Findings as the Need and Justification for a Change
54 or Amendment.
55
56 Responsible management of a community's waste stream is a necessary
57 function of local government.
58
59 Providing the means and venues for managing a community's waste
60 stream fulfills the government's responsibility as such.
61
62 No other consolidated tract of land with the requisite size, accessibility,
63 and zoning is available.
64
65 The area to be rezoned I- Industrial is reduced to the minimum that is
66 necessary to support continued landfill operations and the remainder of
67 the site will be further reviewed for rezone to NU- Natural Use zoning
68 district.
69
70 Maintaining an adequate greenbelt/buffer area between landfill activities
71 and residential areas is necessary to protect the health, safety and
72 general welfare of residents who rely on ground water for their wells.
73
• 74 17.205.020 B. Findings as to the Effect a Change or Amendment
75 would have on the Objectives of the Comprehensive Plan.
76
77 A rezone of the subject parcel would be consistent with objectives of the
78 2008 Kodiak Island Borough Comprehensive Plan Update.
79
80 A rezone of the subject parcel would work to implement the
81 Comprehensive Plan.
82
83 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
84 THIS SEVENTH DAY OF MARCH, 2013
85
86
87 KODIAK ISLAND BOROUGH
88 ` I /�
90 l S cP ,�
91 Jet •me M. Selb :•. • ' . ;yor
92
93 ATTEST:
94
95 7r1
96 itketN
97 Nova M. Javier, MMC, B• Clerk
Kodiak Island Borough, Alaska Ordinance No. FY2013 -13
Page 2 of 2
Rezone a portion of Kodiak Island Borough Landfill Tract
E xhibit A (As described in Plat 1996 -31) from Conservation to Industrial.
Beginning at the most southwesternly point of the parcel's intersection
0 with the Monashka Bay Road and continuing along the right -of -way to the east till the
. south most point on Sawmill Subdivision Lot 1, then along the southwest lot line of
Sawmill Subdivision Lot 1 to a point of intersection with the Public Use Zoning from
Kodiak Island Borough Ordinance 84- 58 -O(A), then along the boundary of that area
described in said ordinance to the southwest to a point of intersection with the
/ lot line of the Landfill Tract to the point of beginning.
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Legend
lie Landfill Tract
Area of Interest
Kodiak Island Borough Landfill Tract Rezone Irl Greenbelt Boundary
I —I Public Use Lands
Rezoning a Portion of the Landfill Tract o 100x00 400 BOO 600
. from Conservation to Industrial ® Feet Lot Lines