FY2023-07 Rezoning Allman Addition Block 21
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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. FY2023-07
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING
ALLMAN ADDITION BLOCK 2, LOT 11, COMMONLY KNOWN AS 1234 MILL BAY ROAD,
FROM R-1 SINGLE-FAMILY 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 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 R-1 Single-
family Residential to B-Business District on June 24, 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 22-014; and
WHEREAS, the Planning & Zoning Commission voted to recommend to the Borough Assembly
that the site be rezoned from R1-Single-family Residential to B-Business 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. FY2023-07
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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 Block 2, Lot 11, commonly known as
1234 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 R1-Single-family Residential to B-Business 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 Block 2, Lot 11, commonly known as
1234 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 Residential (R) to Commercial (B) 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 the compatibility of land uses and this rezone
promotes the compatibility with surrounding business uses and the
prospective use of the adjacent fire station.
2. The rezone would implement a comprehensive plan action to
balance the compatibility of adjacent land uses.
3. There is a need and justification for business property in the adjacent
area as well as compatibility between different uses such as a fire
Kodiak Island Borough, Alaska Ordinance No. FY2023-07
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station and promotion of the health and safety of the property's
occupants.
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
KODIAK ISLAND BORQUGH
/ AT EST: j
William Roberts, Mayor p r 1
d4
Nova M. Javier, Boro gh Cle
VOTES:
Ayes: Delgado, Griffin, Smiley, Smith, Turner, Williams, and Arndt
Noes:
CERTIFICATE
Therefore I, ejf)( �% D'r or of Communi D veI men for
the Kodiak Island Borough, hereby certify that on this t day of
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. 2023-07 which ordinance rezoned
certain property more particularly described in such ordinance from R1, Single-family Residential
to B, Business District. � WvVv
Seema G routte, terim CDD Director
Subscr' ed and sworn to before me and witnessed by me on the �� day of
y���, 2022.
ATT ST:
Voallx�
ova M. Javier, Borough Olerk
Kodiak Island Borough, Alaska Ordinance No. FY2023-07
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CERTIFICATE
Therefore I, /I N C=V 7t, i cxpr of Comm it1D�e elp opjuent for
the Kodiak Island Borough, hereby certify that on this ��1 day offyY f
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-
07 which ordinance rezoned certain property more particularly described in such ordinance from
Residential (R) to Commercial (B). lftryu��
Seema ou e, Interim CDD _Diirector
71
Su and sworn to before me and witnessed by me on the day of
VftRAr , 2022.
,PND e0'f"
Q •� 2
Kodiak Island Borough, Alaska
T ST:
Nova M. Javier, Borougk Clerk
Ordinance No. FY2023-07
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Exhibit A
Case 22-014: Rezone of Allman Addition Block 2, Lot 11, from R-1 Single -Family Residential
District to B-Business District. �
Location: 1234 Mill Bay Road+��.s
Applicant: Ronald & Mary Doubt
Public Hearing Notice )omm
Gu Nm�n ly DarMopl DoparUn�nl rn.,,,y,,.v�.aw.o.,,..,,,..i v.•v...
For Rezone ror M . oa as n Cmm
9011Ni 9X3
Kodiak Island Borough, Alaska Ordinance No. FY2023-07
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