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FY2025-17 Old Harbor Rezone Case 25-004I KODIAK ISLAND BOROUGH 2 ORDINANCE NO. FY2025-17 3 4 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING A 5 PORTION OF TRACT E, U.S. SURVEY 4793 FROM R1- SINGLE FAMILY RESIDENTIAL TO 1 6 — INDUSTRIAL (ZONING WILL CORRESPOND TO LOT CREATED BY ABBREVIATED 7 SUBDIVISION S25-007) 8 9 WHEREAS, as a second-class borough, the Kodiak Island Borough exercises planning, 10 platting, and land use regulations on an area wide basis pursuant to A.S. Chapter 29.40; and 11 12 WHEREAS, in accordance with A.S. Chapter 29.40, the City of Old Harbor Comprehensive 13 Plan and Capital Improvement Program was adopted by ordinance as a subset of the KIB 14 comprehensive plan on December 7, 1989; and 15 16 WHEREAS, in accordance with A.S. Chapter 29.40, the borough adopted by ordinance an 17 update to the KIB comprehensive plan on December 6, 2007; and 18 19 WHEREAS, KIBC Section 17.205.010 provides that "Whenever the public necessity, 20 convenience, general welfare or good zoning practice requires, the assembly may, by ordinance 21 and after report thereon by the commission and public hearing as required by law, amend, 22 supplement, modify, repeal or otherwise change these regulations and the boundaries of the 23 districts'; and 24 25 WHEREAS, the City of Old Harbor filed with the Community Development Department a 26 request for rezoning of the subject parcel from R1 - Single Family Residential to I — Industrial on 27 March 4, 2025, known as Case No. 25-004; and 28 29 WHEREAS, the staff and the Planning and Zoning Commission (Commission) finds that the 30 current future land use designation of Conservation is inconsistent with the area of the rezone; 31 and 32 33 WHEREAS, as part of the current comprehensive plan update, staff will be working with the 34 City of Old Harbor to update the future land use map and zoning of several properties within the 35 city, and therefore, there is no need to change the future land use designation at this time; and 36 37 WHEREAS, the Commission finds that the proposed rezone is generally in conformance with 38 the 1989 Old Harbor Comprehensive Plan and Capital Improvement Program; and 39 40 WHEREAS, the Commission finds that the proposed rezone is in conformance with the 2008 41 comprehensive plan and more specifically in conformance with the land use goal that states, 42 "Encourage future industrial and commercial development to be sited and constructed to promote 43 efficient utilization of waterfront areas and coastal resources"; and 44 WHEREAS, the Commission finds that the proposed rezone is in conformance with the 2008 45 comprehensive plan, specifically, the economic development goal that states "Support the local 46 commercial fishing industry in their efforts to maintain the economic health of and diversify Ordinance No. FY2025-17 Page 1 of 3 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 88 89 90 91 92 93 94 95 96 Kodiak's regional fisheries while managing any potential environmental impacts from the seafood processing industry'; and WHEREAS, at an advertised public hearing, consistent with KIBC 17.205.040, the Commission considered the merits of the rezone request on April 16, 2025, and completed voting to recommend approval on April 23, 2025; and WHEREAS, the Commission recommended approval of the rezone request in accordance with KIBC Chapter 17.205 to the Assembly for review. 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: A portion of Tract E, U.S. Survey 4793 is hereby rezoned from R1 — Single Family Residential to I — Industrial (per corresponding Subdivision S25-007, see exhibit A attached). Section 3: By this ordinance, the Borough Assembly adopts the following Findings of Fact in support of its approval of this rezone. 1. Rezoning the subject parcel is required to facilitate subdivision and use of the subject parcel and is in the public necessity and general welfare of the Old Harbor community. 2. Rezoning the subject parcel is consistent with the goals and objectives of the 1989 Old Harbor Comprehensive Plan and Capital Improvement Program. 3. Rezoning the subject parcel is consistent with the goals and objectives of the 2008 KIB Comprehensive Plan. Effective Date: This ordinance takes effect upon the filing of the final plat for abbreviated case S25-007. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS FIFTH DAY OF JUNE, 2025 KODIAK ISLAND BOROUGH s C�� Scott Arndt, Borough Mayor Introduced by: Manager First reading: 05/15/2025 Second reading/public hearing: 06/05/2025 VOTES: Ayes: Sharratt, Whiteside, Ames, and Griffin Absent: Johnson and Smiley Ordinance No. FY2025-17 ATTEST: A 2 Qi,�, Nova M. Javier, MMC Borough Clerk Page 2 of 3 u f t L 97 a- Exhibit A uss4m n..=. nuvw. Tg TE _= - TN'CTE .. UW4MS USS 4m .... .. NUN SUWNiSN avec LM. MM. W II6Jfa.E _.. _ E�pFPBEMV S�PEt� TMCT E LOT l uss4m n..=. PRELIMINARY _= - TN'CTE .. UW4MS NUN SUWNiSN avec LM. MM. W II6Jfa.E — Ordinance No. FY2025-17 Page 3 of 3