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FY2023-06 Rezoning Allman Addition Tract AI 1 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: 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 Page 1 of 6 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 88 89 90 91 92 93 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 Page 2 of 6 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 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 6 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 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 Page 4 of 6 H I i I 161 162 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 Page 5 of 6 163 164 Kodiak Island Borough, Alaska Exhibit B Ordinance No. FY2023-06 Page 6 of 6