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FY2012-03 Ouzinkie Waterfront Rezone Introduced by: Borough Manager Requested by: Community Development 1 Department 2 Drafted by: CDD Director Introduced: 07/07/2011 3 Public Hearing: 07/21/2011 4 Adopted: 07/21/2011 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2012 -03 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 REZONING PROPOSED TRACTS A, B, AND C, OUZINKIE HARBOR SUBDIVISION, 11 FROM R1- SINGLE - FAMILY RESIDENTIAL TO I — INDUSTRIAL 12 (CITY OF OUZINKIE AND OUZINKIE NATIVE CORPORATION) 13 14 WHEREAS, the City of Ouzinkie is in the process now of redeveloping its waterfront dock 15 area by removing the existing wood pile dock and replacing it with a new sheet pile and 16 backfill dock; and 17 18 WHEREAS, this new dock will greatly increase the potential for waterfront industry by 19 providing new land area upon which permanent industrial uses and activities can be 20 established; and 21 22 WHEREAS, during the related plat review in Case S11 -009, staff noted that the existing 23 R1- Single - Family Residential zoning was not appropriate for the development of new 24 industrial waterfront development; and 25 26 WHEREAS, the Planning and Zoning Commission initiated this rezone investigation at the 27 request of the mayor of Ouzinkie; and 28 29 WHEREAS, the Planning and Zoning Commission held a properly noticed public hearing 30 on this request at the June 15, 2011 regular meeting and is recommending that the 31 Assembly approve the request to rezone the three (3) parcels from R1- Single- family 32 Residential to I- Industrial; and 33 34 WHEREAS, this request was found by the Planning and Zoning Commission to be 35 consistent with the borough's comprehensive plan. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 38 BOROUGH THAT: 39 40 Section 1: This ordinance is not of a general and permanent nature and shall not 41 become a part of the Kodiak Island Borough Code of Ordinances. 42 43 Section 2: Tracts A, B, and C, Ouzinkie Harbor Subdivision are hereby rezoned from 44 R1- Single- family Residential to I- Industrial, to become effective upon the filing 45 of a final plat as approved in preliminary form under Case S11 -009 for 46 Ouzinkie Harbor Subdivision. 47 Kodiak Island Borough Ordinance No. FY2012 -03 Page 1 of 2 48 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission 49 are hereby confirmed as follows: 50 51 17.205.020 A. Findings as to the Need and Justification for a Change or 52 Amendment. 53 54 The land owners, City of Ouzinkie and the Ouzinkie Native Corporation, need this 55 rezone in order to redevelop the Ouzinkie water front dock area and related 56 tidelands. The site has historically been used for all manner of commercial and 57 water front industrial uses for many years. The structures and activities in this area 58 have until now been nonconforming and this requested change of zoning will provide 59 for the further redevelopment of new waterfront industrial structures and activities 60 that will meet the needs of and benefit the Ouzinkie community. 61 62 17.205.020 B. Findings as to the Effect a Change or Amendment would have 63 on the Objectives of the Comprehensive Plan. 64 The Comprehensive Plan mentions the need and desire for economic diversity and 65 economic opportunity in the community. The comprehensive plan designates this 66 area for Mixed Use / Commercial /Waterfront/Residential. At the time the borough 67 does not have a "Mixed Use" zone so it is necessary to zone for the most intensive 68 uses and most appropriate uses that the site might be required to provide for. At the 69 present time this is the I- Industrial zone. The plan also speaks to the need to 70 maintain good two -way communication between the Kodiak Island Borough and the 71 City of Ouzinkie. This need also applies to the related native corporations and tribal 72 councils serving the community as well. The rezone will eliminate certain zoning 73 nonconformities that have pre- existed on the rezone site for many years and will 74 encourage the kind of re- development that is consistent with both past use and 75 planned future development. 76 77 17.205.020.C. Recommendations as to the approval or disapproval of the 78 change or amendment. 79 80 The commission recommends to the Borough Assembly approval of said rezoning of 81 this parcel subject to an effective clause making the rezone become effective upon 82 the filing of a final plat as approved in preliminary form under Case 611 -009. 83 84 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 85 THIS TWENTY FIRST DAY OF JULY, 2011 86 87 KODIAK ISLAND BOROUGH 88 89 901 91 ATTEST: Jero a M. Selby, k=1A�y r 92 93 ;Th1 • 94 M /1 95 a ✓T 96 Nova M. Javier,' MM C, Borough Clerk Kodiak Island Borough Ordinance No. FY2012 -03 Page 2 of 2