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1997-21 Rezoning USS2539 - Bruhn Point Womens BayKODIAK ISLAND BOROUGH ORDINANCE NO. 97 -21 Introduced by: Mayor Selby Requested by: Planning and Zoning Commission Drafted by: Community Development Department Introduced: 10/02/97 Public Hearing: 10/16/97 Adopted: 10/16/97 AN ORDINANCE REZONING A THIRTY -EIGHT ACRE PORTION OF LOT 34, U.S. SURVEY 2539 FROM RR1 -RURAL RESIDENTIAL TO C- CONSERVATION (GENERALLY LOCATED AT BRUHN POINT WOMENS BAY) WHEREAS, Koniag, Inc., owner of Lot 34, U.S. Survey 2539, has requested that this parcel be rezoned from RR1 -Rural Residential One to C- Conservation; and WHEREAS, the Planning and Zoning Commission feels it is not verifiable that there is adequate on -site capacity (according to ADEC criteria) for potable water or wastewater and sewage disposal for the property to be developed at the one -acre parcel density; and WHEREAS, the Planning and Zoning Commission held a public hearing on this request on September 17, 1997; and WHEREAS, the Planning and Zoning Commission has recommended that the Assembly approve this rezone; and WHEREAS, the Planning and Zoning Commission has adopted findings of fact in support of this recommendation; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is not of a general and permanent nature and shall not become a part of the Kodiak Island Borough Code of Ordinances. Section 2: A portion of Lot 34, U.S. Survey 2539 (consisting of the approximately 38 acres that was rezoned to RR1 -Rural Residential One by Ordinance No. 96 -31 -0) is hereby rezoned from RR1 -Rural Residential One to C- Conservation. Section 3: The official zoning map shall be updated to reflect this rezone. Kodiak Island Borough, Alaska Ordinance No. 97 -21 Page 1 of 2 Section 4: The findings of fact of the Kodiak Island Borough Planning and Zoning Commission in recommending the approval of this rezone are hereby confirmed as follows: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. A rezone from RR -1 Rural Residential One to C- Conservation is needed and justified because the zoning district permits development that has, with five (5) acre lot minimums, reduced density potential, especially residential, in an area with unanswered questions regarding capacity of the low -lying land to meed ADEC criteria for wastewater and sewage disposal; about verifiable sources of on -site potable water to support one acre development; and about the nature and extent of former military landfilling on the property. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. This proposed rezone area is not identified in the 1968 Kodiak Island Borough Comprehensive Plan. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTEENTH DAY OF OCTOBER, 1997 01/1 Donna F. Smith, CMC /AAE, Borough Clerk KODIAK ISLAND BOROUGH Jer6jne M. Selby, Borough Mayor 1 t1. vi /LL t Robin Heinrichs, Presiding Officer Kodiak Island Borough, Alaska Ordinance No. 97 -21 Page 2 of 2