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FY2025-05 Markham Rezone From R3–Multifamily Residential District To B–Business1 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 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2025-05 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING KODIAK TOWNSITE BLOCK 8 LOT 3, KODIAK TOWNSITE BLOCK 8 LOT 4, AND KODIAK TOWNSITE BLOCK 8 LOT 3A (COMMON ADDRESSES 211 MILL BAY ROAD, 215 MILL BAY ROAD, AND 206 KASHEVAROFF AVENUE) FROM R3—MULTIFAMILY RESIDENTIAL DISTRICT TO B—BUSINESS DISTRICT 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 19.40 of the Alaska statutes; and WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 Comprehensive Plan via Ordinance No. FY2008-10 on December 6, 2007, to replace the 1968 Comprehensive Plan; and WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with AS 29.40 as necessary to describe the reasons for the ordinance; 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 boundaries of the districts; and WHEREAS, the property owners applied for a rezone of these properties from the R3— Multifamily Residential District to the B -Business District zoning designation on May 28, 2024; and WHEREAS, the Planning & Zoning Commission voted to recommend to the Borough Assembly that the subject properties be rezoned from R3—Multifamily Residential to B—Business 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 a general and permanent nature and shall not become a part of the Kodiak Island Borough Code of Ordinances. Section 2: That Kodiak Townsite Block 8 Lot 3, Kodiak Townsite Block 8 Lot 4, & Kodiak Townsite Block 8 Lot 3A shall be rezoned from R3—Multifamily Residential to B—Business. Ordinance No. FY 2025-05 Page 1 of 2 44 45 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 76 77 78 79 80 81 82 83 84 85 86 87 Section 3: Pursuant to KIBC 17.205.075, the future land use designation for the three identified properties shall be changed from Multifamily Residential to Business on the official Zoning Map and the future Land Use Map of the Kodiak Island Borough and shall become effective upon the effective date of this ordinance. Section 4: By this ordinance, the Borough Assembly adopts the following findings of fact in support of their approval of this rezone. 1. That rezoning Kodiak Townsite Block 8 Lot 3, Kodiak Townsite Block 8 Lot 4, and Kodiak Townsite Block 8 Lot 3A from R3 -Multifamily Residential to B -Business, although inconsistent with the current future land use map, would not have an adverse impact on the aesthetic and character of the surrounding community as several parcels bordering and across the street from the applicant's properties are already zoned B -Business. 2. That rezoning Townsite Block 8 Lot 3, Kodiak Townsite Block 8 Lot 4, and Kodiak Townsite Block 8 Lot 3A from R3 -Multifamily Residential to B -Business could serve to further the goals of the 2008 Comprehensive Plan which calls for the "enhancement of the Visitor Industry's role as a significant component of the Kodiak Region's economy. Effective Date: This ordinance takes effect upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS THIRD DAY OF OCTOBER, 2024 KODIAK ISLAND BOROUGH rig � Scott Arndt, Mayor Introduced by: Planning and Zoning Commission First reading: 09/05/2024 Second reading/public hearing: 09/19/2024 Reconsidered, Amended, and Adopted: 10/03/2024 VOTES: Ayes: Smiley, Ames, Griffin, and Sharratt Noes: Whiteside Absent: LeDoux Excused due to conflict of interest: Turner Ordinance No. FY 2025-05 ATTEST: Nova M. Javier, MMC, orough Clerk Page 2 of 2