FY2012-05 Ouzinkie Townsite Rezone Introduced by: Borough Manager
Requested by: Community Development
Department
1 Drafted by: CDD Director
2 Introduced: 08/04/2011
3 Public Hearing: 09/01/2011
Adopted: 09/01/2011
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5 KODIAK ISLAND BOROUGH
6 ORDINANCE NO. FY2012 -05
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8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
9 REZONING TRACT C, BLOCK 2, OUZINKIE TOWNSITE SUBDIVISION (U.S. SURVEY
10 4871), FROM R1- SINGLE - FAMILY RESIDENTIAL TO PL- PUBLIC USE LAND
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12 WHEREAS, the Kodiak Kenai Cable Company has requested permission to erect a
13 microwave communication tower on Tract C in order to extend broadband voice and data
14 services to Ouzinkie and Port Lions comparable to the services that were brought to the
15 Kodiak road system by the submarine fiber -optic cable which connected Kodiak with the
16 mainland; and
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18 WHEREAS, Tract C is currently the site of Ouzinkie Community School and a 250,000
19 gallon water storage tank that was permitted by zoning Exception in 1987 and which was
20 accompanied by a disposal of interest in borough land for a portion of Tract C in order to
21 accommodate the water tower, access road and electrical utilities associated with the water
22 storage tank use; and
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24 WHEREAS, schools are permitted use in the R1- Single- family Residential zoning district
25 and the water storage tank is now a nonconforming use, but a new tower for communication
26 purposes cannot be allowed in the R1 zone without a rezone to a more appropriate zone;
27 and
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29 WHEREAS, the 2008 KIB Comprehensive Plan Update designates this parcel for public
30 use and the PL- Public Use Land zone is the typical zoning district of choice to implement
31 plan designations of this sort; and
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33 WHEREAS, the commission held a properly noticed public hearing on this request at the
34 July 20, 2011, regular meeting and is recommending that the Assembly approve the request
35 to rezone Tract C, Block 2, Ouzinkie Townsite Subdivision from from R1- Single- family
36 Residential to PL- Public Use Land; and
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38 WHEREAS, this request was found by the commission to be consistent with the borough's
39 comprehensive plan.
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41 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
42 BOROUGH THAT:
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44 Section 1: This ordinance is not of a general and permanent nature and shall not
45 become a part of the Kodiak Island Borough Code of Ordinances; and
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47 Section 2: Tract C, Block 2, Ouzinkie Townsite Subdivision is hereby rezoned from R1-
48 Single- family Residential to PL- Public Use Land.
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Kodiak Island Borough Ordinance No. FY2012 -05
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50 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission
51 are hereby confirmed as follows:
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53 17.205.020 A. Findings as to the Need and Justification for a Change or Amendment.
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55 The residents of Ouzinkie and Port Lions will benefit from this rezone if it allows the
56 development of new communications infrastructure that could make data and voice
57 communications less expensive and more capable thank current services. The extension of
58 these services may also benefit other areas around the community and marine vessels
59 transiting close to the community. Improving communications to and from the community
60 could also provide additional public safety benefits similar to those enjoyed on the Kodiak
61 road system where wire line communications are not currently available.
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63 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the
64 Objectives of the Comprehensive Plan.
65 The Comprehensive Plan mentions the need and desire for economic diversity and
66 economic opportunity in the community. The comprehensive plan designates this area for
67 Public Use. A rezone from R1- Single- family Residential to PL- Public Use Land is consistent
68 with this designation which will make this site suitable for conforming government and
69 infrastructure uses in addition to the existing community school use, while eliminating the
70 nonconforming status associated with the existing public water storage tank and related
71 facilities.
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73 17.205.020.C. Recommendations as to the approval or disapproval of the change or
74 amendment.
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76 The commission recommends to the Borough Assembly approval of said rezoning of this
77 parcel.
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79 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
80 THIS FIRST DAY OF SEPTEMBER, 2011
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82 KODIAK ISLAND BOROUGH
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86 � 1 ' / /e
87 ATTEST: Jeroi e M. Selby, Borough May.
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92 7 4
93 Nova M. Javier, MMC, Borou ;' Clerk
Kodiak Island Borough Ordinance No. FY2012 -05
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