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1993-41 Rezoning 5 Acres of Land on Whale Island From C-Conservation To RD-Rural Development.KODIAK ISLAND BOROUGH ORDINANCE NO. 93 -41 AN ORDINANCE REZONING 5 ACRES OF LAND ON WHALE ISLAND FROM C -- CONSERVATION IQ RD- -RURAL DEVELOPMENT (GENERALLY LOCATED ON THE SOUTH SHORE OF WHALE ISLAND, NORTH OF KODIAK ISLAND) WHEREAS, the Kodiak Island Borough Planning and Zoning Commission held an advertised public hearing on a proposal to rezone a 5 acre parcel of land on Whale Island located within Section 9 of T26S, R22W, from C -- Conservation L RD -Rural Development; and WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has recommended that the Kodiak Island Borough Assembly approve the above referenced rezone; 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: A 5 acre parcel of land on Whale Island, within the northeast portion of Section 9 of T26S, R22W, and further described in the attached Afognak Native Corporation map dated June 3, 1993, is hereby rezoned from C -- Conservation tQ RD- -Rural Development. Section 3: The findings of the Planning and Zoning Commission in recommending the approval of this rezone are hereby confirmed. 1. Findings as to the Need and Justification for the Rez A rezone from C-- Conservation RD- -Rural Development is needed and justified because the RD- -Rural Development Zoning District permits development that: Kodiak Island Borough, Alaska Introduced by: Mayor Selby Requested by. Planning g, Zoning Commission Drafted by: Community Development Department Introduced: 06/03/93 Public Hearing: 06/17/93 Adopted: 06/17/93 Ordinance No. 93.41 Page 1 of 2 ATTES 1 A. is consistent with the type of development that private land owners increasingly want to develop in remote areas of the Borough; B. will not increase the nonconformity of any existing uses or structures; C. must be setback from marine and anadromous waters unless the use developed is water- dependent; D. will result in a sensible and efficient use of coastal lands; and E. allows for a balance of uses, due to the range of uses permitted, which will not favor short run gains at the expense of long -term benefits. 2. Findings as to the Effect the Rezone would have on the Objectives of the Comprehensive Plan. A change of zoning from C-- Conservation t4 RD- -Rural Development on a 5 acre parcel of land on the southern shore of Whale Island, is generally consistent with the applicable policies of the Kodiak Island Borough Coastal Management Program. This tract is located in the area designated for Development with Restrictions. A conditional use permit is required prior to development of intensive commercial land uses. This will allow the placement of stipulations on future permit requests or approvals subject to Planning and Zoning Commission review. This will ensure consistency with the policies of the Kodiak Island Borough Coastal Management Program. Section 4: The official zoning map shall be updated to reflect this rezoning. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS 17th OF JUNE, 1993 O'3'YYtGi �s�7Yr>�h Donna F. Smith, Borough Clerk Kodiak Island Borough, Alaska KODIAK ISLAND BOROUGH Je e M. Selby, Boro McFarland, P esiding Of icer Ordinance No. 93 -41 Page 2 of 2