FY2025-18 Old Harbor Rezone Case 25-0051
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KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2025-18
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING A
PORTION OF TRACT E, U.S. SURVEY 4793 FROM R1- SINGLE FAMILY RESIDENTIAL TO
B — BUSINESS (ZONING WILL CORRESPOND TO LOT CREATED BY PRELIMINARY
SUBDIVISION S25-006)
WHEREAS, as a second-class borough, the Kodiak Island Borough exercises planning,
platting, and land use regulations on an area wide basis pursuant to A.S. Chapter 29.40; and
WHEREAS, in accordance with A.S. Chapter 29.40, the City of Old Harbor Comprehensive
Plan and Capital Improvement Program was adopted by ordinance as a subset of the KIB
comprehensive plan on December 7, 1989; and
WHEREAS, in accordance with A.S. Chapter 29.40, the borough adopted by ordinance an
update to the KIB comprehensive plan on December 6, 2007; and
WHEREAS, KIBC Section 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 City of Old Harbor filed with the Community Development Department a
request for rezoning of the subject parcel from R1 - Single Family Residential to B — Business on
March 4, 2025, known as Case No. 25-005; and
WHEREAS, the staff and the Planning and Zoning Commission (Commission) finds that the
current future land use designation of Conservation is inconsistent with the area of the rezone;
and
WHEREAS, as part of the current comprehensive plan update, staff will be working with the
City of Old Harbor to update the future land use map and zoning of several properties within the
city, and therefore, there is no need to change the future land use designation at this time; and
WHEREAS, the Commission finds that the proposed rezone is generally in conformance with
the 1989 Old Harbor Comprehensive Plan and Capital Improvement Program because multiple
goals and objectives of this plan point to the need for government uses and emergency service
uses to be located in higher elevations outside of the tsunami inundation zone; and
WHEREAS, the Commission finds that the proposed rezone is in conformance with the 2008
comprehensive plan and more specifically in conformance with the land use goal that states,
"Zone land to meet future housing, commercial, industrial, and other land needs."; and
Ordinance No. FY2025-18 Page 1 of 3
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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 B — Business (per corresponding Subdivision S25-006, 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 preliminary
subdivision case S25-006.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS FIFTH DAY OF JUNE, 2025
KODIAK ISLAND BOROUGH
Scott Arndt, Borough Mayor
Introduced by: Borough Manager
First reading: 05/15/2025
Second reading/public hearing: 06/05/2025
VOTES:
Ayes: Whiteside, Ames, Griffin, LeDoux, and Sharratt
Absent: Johnson and Smiley
ATTEST:
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Nova M. Javier, MMC, Porough Clerk
Ordinance No. FY2025-18 Page 2 of 3
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Exhibit A
DETAIL
Ordinance No. FY2025-18
1111111=4141MIIlk WM&M-1
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