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1994-15 Rezoning U.S. Survey 3471 to PLIntroduced by: Mayor Selby Requested by: Planning & Zoning Commission Drafted by: Community Development Department Introduced: 07/07/94 Public Hearing: 07/26/94 Adopted: 07/26/94 KODIAK ISLAND BOROUGH ORDINANCE NO. 94-15 AN ORDINANCE REZONING A PORTION OF LOT 15, U.S. SURVEY 3471, FROM RR1- -RURAL RESIDENTIAL ONE T2 PL -- PUBLIC USE LANDS. (37044 CHINIAK HIGHWAY, NEAR GROOMERS LAGOON IN'CHINIAK) WHEREAS, the Kodiak Island Borough Planning and Zoning Commission held a public hearing on this rezoning; and WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has recommended that the Kodiak Island Borough Assembly approve this rezoning; and WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has adopted findings of fact in support of its recommendation; 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: The "front" portion of Lot 15, U.S. Survey 3471, further described as: Beginning at corner 1, Lot 15, identical with corner 2, Lot 14; 1 . Thence N 60 distance of 100.58 feet along the centerline of the Chiniak Road to Corner 2, Lot 15; 2. Thence continuing along the center line of said road N 82 a distance of 168.83 feet to Corner 3, Lot 15; 3. Thence S 19°55'E a distance of 307.73 feet along a /rise common with Lots 15 and 16; 4. Thence S 70 a distance of 263.88 feet to a point on a line common with Lots 14 and 15; Kodiak island Borough. Alaska Ordinance No. 94-15 Page 1 of 3 4 h n 7 5. Thence N 19'55"W a distance of 328.21 feet along a line common with Lots 15 and 15 to THE POINT OF BEGINNING. CONTAINS: 2 ACRES is hereby rezoned from RR1- -Rural Residential One to PL-- Public Use Lands. Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission in recommending the approval of this rezone are hereby confirmed as follows: 1. Findings as to the Need and Justification for a Change or Amendment. A rezone from RR1- -Rural Residential One to PL-- Public Use Laild is needed and justified because the PL-- Public Use Land zoning district permits development that: A. is generally consistent with the provisions of the Chiniak Community Comprehensive Plan; B. requires a detailed site plan review by the Planning and Zoning Commission before development permits can be issued by Borough staff; C. is suitable only for use by government entities and bonafide public utilities such as water and sewer service districts, electrical utilities, telephone utilities, etc.; D. will not create any nonconforming uses on Lot 15; E. will not generate a substantial traffic increase between Chiniak and Kodiak; and F. can provide improved infrastructure or public facilities for which there is a need in the community, or, which may improve public safety, or, which will enhance the quality of life for local residents. 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A change of zoning from RR1- -Rural Residential One SO the PL-- Public Use Land zoning district is necessary in order to provide a suitably located upland site for development of a telephone communications system that will utilize microwave technology to improve the quality of voice transmission between Chiniak and Kodiak. Kodiak Wand Borough. Alaska Ordinance No. 94-15 Page 2 of 3 9 is The Chiniak Community Comprehensive Plan generally identifies the areas and conditions that are appropriate for the development of public and quasi public facilities that will enhance the quality of life in Chiniak. The types of uses that are permitted in the PL-- Public Use Land zoning district are related primarily to the needs of the public and the requirements of the zone are intended to allow the provision of these support services close to, or within, the areas to be served. The PL-- Public Use Land zoning district provides for Commission review of all permitted uses to insure that in every development permitted by the zone that the public's interests are balanced with those of the immediately adjoining land owners. ripml.A. attic Donna F. Smith CMC, Borough Clerk ATTEST: Kodiak Bland Borough, asks Section 4: The official zoning map shall be updated to reflect this rezoning. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS TWENTY -SIXTH DAY OF JULY, 1994 KODIAk ISLAND BOROUGH Jer a M. Selby, Borough /% Jack L. M Farland, Presi . ing er Ordinance No. 94-15 Page 3 of 3