FY2023-06 Rezoning Allman Addition Tract AI
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Introduced by: KIB Manager
Drafted by: Community Development Director
Introduced on: 09/15/2022
Public Hearing Date: 10/06/2022
Adopted on: 10/06/2022
KODIAK ISLAND BOROUGH
Ordinance No. FY2023-06
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
REZONING ALLMAN ADDITION TRACT A COMMONLY KNOWN AS 1240 MILL BAY
ROAD FROM B-BUSINESS DISTRICT TO PL—PUBLIC USE LANDS 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 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 B-Business District
to PL-Public Use Lands District on June 29, 2022; 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 August 17, 2022, in Case 22-015; and
WHEREAS, the Planning & Zoning Commission voted to recommend to the Borough Assembly
that the site be rezoned from B-Business District to PL-Public Use Lands District finding that the
public necessity, convenience, general welfare, and good zoning practice would be enhanced
by such action; and
WHEREAS, Kodiak Island Borough Code 17.205.075(A) calls for a rezoning which is not
consistent with the assigned comprehensive plan future land use designations to include a
change to the comprehensive plan future land use designation that is consistent with the new
zoning; and
Kodiak Island Borough, Alaska
Ordinance No. FY2023-06
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WHEREAS, Kodiak Island Borough Code 17.205.074(C) calls for a rezoning ordinance to
include a section which specifies the newly assigned comprehensive plan future land use
designation of the rezoned parcel or parcels.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that:
Section 1: This ordinance is of a permanent nature, but is NOT of a general nature,
and shall NOT become a part of the Kodiak Island Borough Code of
Ordinances.
Section 2: By this ordinance, Allman Addition Tract A, commonly known as 1240 Mill
Bay Road, a diagram of which is depicted in Exhibit A appended to this
ordinance and incorporated herein by reference, is hereby rezoned from
Business (B) District to Public Use Lands (PL) District in the Official Zoning
Map of Kodiak Island Borough (see attached diagram showing the parcels
to be rezoned).
Section 3. The Official Zoning Map of the Kodiak Island Borough shall be amended to
indicate the change of zone set forth in Section 2 of this ordinance. The
Director of Community Development shall cause the Zoning Map to be
amended consistent with this ordinance.
Section 4 By this ordinance, Allman Addition Tract A, commonly known as 1240 Mill
Bay Road, a diagram of which is depicted in Exhibit B appended to this
ordinance and incorporated herein by reference, is hereby rezoned from
Commercial (B) to Public Facilities (PUB) District in the Official Future Land
Use Map of the Kodiak Island Borough Comprehensive Plan 2008 (see
attached diagram showing the parcels to be rezoned).
Section 5. The Official Future Land Use Map of the Kodiak Island Borough
Comprehensive Plan 2008 shall be amended to indicate the change of
zone set forth in Section 4 of this ordinance. The Director of Community
Development shall cause the Official Future Land Use Map of the Kodiak
Island Borough Comprehensive Plan 2008 to be amended consistent with
section 4 of this ordinance.
Section 6: By this ordinance, the Borough Assembly adopts the following findings of
fact in support of their approval of this rezone:
1. The rezone is consistent with the objectives of the 2008 Kodiak Island Borough
comprehensive plan, specifically the sections that identify the need for a fire station
and the compatibility of land uses and overall safety of the community and future
site plan approval process will minimize conflict with surrounding land uses.
2. The rezone would implement a comprehensive plan action to promote public safety
and emergency responses services while balancing the compatibility of land uses.
3. There is a need and obvious justification for a fire station that is a critical facility
located in a location outside of an inundation zone with better response times.
Kodiak Island Borough, Alaska Ordinance No. FY2023-06
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4. The rezone would assist the owners' ability to develop the parcel for a fire station,
while the site plan approval process would mitigate any harm to the public health,
safety, and welfare.
Effective date: This ordinance shall become effective in accordance with KIBC 1.10.040.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SIXTH DAY OF OCTOBER, 2022.
.�9
A ST:
VY
m Ro erts, yor 2"z�
Nova M. Javier, Borou h Clerk
VOTES:
Ayes: Arndt, Delgado, Griffin, Smiley, Smith, Turner, and Williams
Noes:
CERTIFICATE
Therefore I, (- Q_ maJL Director of Commuf2iit Development for
the Kodiak Island Borough, hereby certify that on this � day of (Jr ,
2022, pursuant to the provision of Section 17.205.010 et seq of the Kodiak Island Borough Code,
have caused the Official Zoning Map of the Kodiak Island Borough to be changed in the manner
and to the extent directed and authorized by Ordinance No. 2023-06 which ordinance rezoned
certain property more particularly described in such ordinance from Business (B) District to Public
Use Lands (PL) District.
Seem 1Garoutte, nterim CDD Director
Sob cp ribed and sworn to before me and witnessed by me on the �l � day of
( P-7 2022.
AND eO� ATTE
�G 't
0 = Nova M. Javier, Borough Cleik
3.
Kodiak Island Borough, Alaska
CERTIFICATE
Ordinance No. FY2023-06
Page 3 of 6
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Therefore I, "1►►(ii l�(�(,r t � D' ector of Community evelo t for
the Kodiak Island Borough, hereby certify that on this day of
2022, pursuant to the provision of Section 17.205.075 of the Kodiak Island Borough Code, have
caused the Official Future Land Use Map of the Kodiak Island Borough Comprehensive Plan 2008
to be changed in the manner and to the extent directed and authorized by Ordinance No. 2023-
06 which ordinance rezoned certain property more particularly described in such ordinance from
Commercial (B) to Public Facilities (PUB) District). '
Seema routte, nterim CDD Director
Subs c 'be nd sworn to before me and witnessed by me on the �( day of
2022.
ATT ST:
D BOA Nova-M. Javier, Borough Jerk
Q �
O _
Kodiak Island Borough, Alaska Ordinance No. FY2023-06
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Exhibit A
Case 22-015: Rezone of Allman Addition Tract A from B-Business District to PL-Public Use
Lands District.
Location: 1240 Mill Bay Road
Applicant: City of Kodiak
Public Hearing Notice
Community 0 uUffi omo Deparhnent ibzm�iz Ro�atl drinimneeow owoses
For Rezone �Ps/Mmr kotliekeW74--8 9363 n yDe elapme t
90]-0Bfi-9363
Kodiak Island Borough, Alaska
Ordinance No. FY2023-06
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Kodiak Island Borough, Alaska
Exhibit B
Ordinance No. FY2023-06
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