FY2022-08 Rezoning Tract 1 & 2 Of Tract S-5a-1 U.S.S. 3218, 3467, 3469 From Split I-Industrial And B-Business District To B-Business District (P&Z Case No. 22-006)fl
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Introduced by: Community Development Department thru the Mayor
Drafted by: Community Development Director
Introduced on: 01/10/2022
Public Hearing Date: 02/03/2022
Adopted on:02/03/2022
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2022-08
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING
COMMERCIAL TRACT 1 & 2 OF TRACT S -5A-1, BEING A PORTION U.S.S. 3218 & 3467 &
3469, PLAT 93-34, FROM SPLIT ZONE I -INDUSTRIAL AND B -BUSINESS DISTRICT TO B -
BUSINESS DISTRICT (P&Z CASE NO. 22-006)
WHEREAS, as a second-class borough, the Kodiak Island Borough exercises planning,
platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska
Statutes; and
WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008
Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the
1968 Comprehensive Plan; and
WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with
AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and
WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity, convenience,
general welfare or good zoning practice requires, the assembly may, by ordinance and after report
thereon by the commission and public hearing as required by law, amend, supplement, modify,
repeal or otherwise change these regulations and the boundaries of the districts"; and
WHEREAS, the property owner applied for a rezone of this property from Split Zone (-
Industrial and B -Business District to B -Business District on November 10, 2021; and
WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code
17.205.040, the Planning and Zoning Commission considered the merits of the rezone request
on December 15, 2021; and
WHEREAS, the Planning & Zoning Commission voted to recommend to the Borough Assembly
that the site be rezoned from Split Zone I -Industrial and B -Business District to B -Business District
finding that the public necessity, convenience, general welfare, and good zoning practice
would be enhanced by such action.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that:
Kodiak Island Borough, Alaska Ordinance No. FY2022-08
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Section 1: This ordinance is NOT of permanent nature and shall NOT become a part
of the Kodiak Island Borough Code of Ordinances.
Section 2: Commercial Tract 1 & 2 of Tract S -5A-1, Being a portion U.S.S. 3218 &
3467 & 3469, PLAT 93-34 from Split Zone I -Industrial and B -Business
District to B -Business District.
Section 3: By this ordinance, the Borough Assembly adopts the following findings of
fact in support of their approval of this rezone.
1. The rezone would be consistent with the land use goals and policies of
the 2008 Comprehensive Plan.
2. The rezone would implement a 2008 comprehensive plan action to
mitigate confusion in zoning.
3. The rezone would assist the owner's ability to develop commercial
property and alleviate the conflicts from having split zone Industrial and
Business District zoning regulations.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS THIRD DAY OF FEBRUARY, 2022.
KODIAK ISLAND BOROUGH
A ATTEST:
imee Williams, Deputy Presiding Officer
Lina ruz, Cor6i5gh Deputy Clerk
VOTES:
Ayes: Arndt, Delgado, Smiley, Smith, Turner, and Williams
Noes:
Kodiak Island Borough, Alaska
Ordinance No. FY2022-08
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