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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 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2012 -05 7 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 11 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 17 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 23 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 28 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 32 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 37 38 WHEREAS, this request was found by the commission to be consistent with the borough's 39 comprehensive plan. 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 42 BOROUGH THAT: 43 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 46 47 Section 2: Tract C, Block 2, Ouzinkie Townsite Subdivision is hereby rezoned from R1- 48 Single- family Residential to PL- Public Use Land. 49 Kodiak Island Borough Ordinance No. FY2012 -05 Page 1 of 2 50 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission 51 are hereby confirmed as follows: 52 53 17.205.020 A. Findings as to the Need and Justification for a Change or Amendment. 54 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. 62 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. 72 73 17.205.020.C. Recommendations as to the approval or disapproval of the change or 74 amendment. 75 76 The commission recommends to the Borough Assembly approval of said rezoning of this 77 parcel. 78 79 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 80 THIS FIRST DAY OF SEPTEMBER, 2011 81 82 KODIAK ISLAND BOROUGH 83 84 85 86 � 1 ' / /e 87 ATTEST: Jeroi e M. Selby, Borough May. 88 89 90 91 92 7 4 93 Nova M. Javier, MMC, Borou ;' Clerk Kodiak Island Borough Ordinance No. FY2012 -05 Page 2 of 2