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FY2022-15 Rezone USS 444 TR A Mission Road from I- Industrial District to B- Business District P&Z Case #22-0091 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Introduced by: Community Development Department thru the Mayor Drafted by: Community Development Director Introduced on:03/03/2022 Public Hearing Date:03/17/2022 Adopted on:03/17/2022 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2022-15 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH Rezoning USS 444 TR A Lot A, From I -Industrial District To B -Business District (P&Z Case No. 22-009) 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 I -Industrial District to B -Business District on November 19, 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 February 16, 2022; and WHEREAS, the Planning & Zoning Commission voted to recommend to the Borough Assembly that the site be rezoned from I -Industrial 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: Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the Kodiak Island Borough Code of Ordinances. Kodiak Island Borough, Alaska Ordinance No. FY2022-15 Page 1 of 2 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 Section 2: USS 444 TR A Lot A from I -Industrial 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 church property and alleviate the conflicts from having Industrial District zoning regulations. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SEVENTEETH DAY OF MARCH, 2022. KODIAK ISLAND BOROUGH �/� ATTEST: illiam oberts, Mayor , Lina Cruz, Acing Borough Clerk VOTES: Ayes: Williams, Arndt, Griffin, and Smiley Noes: Kodiak Island Borough, Alaska Ordinance No. FY2022-15 Page 2 of 2