FY2024-03 Rezoning From R1-Single Family Residential To B-Business District (Case 23-015)1
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KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2024-03
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING LOT
26A, U.S. SURVEY 3098 FROM R1-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 February 18, 2023; 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 April 19, 2023, in Case 23-015; and
WHEREAS, the Planning & Zoning Commission voted to recommend to the Borough Assembly
that the site be not rezoned from R1-Single-family Residential to B-Business District finding that
the public necessity, convenience, general welfare, and good zoning practice would not be
enhanced by such action; and
WHEREAS, the applicant filed a timely appeal under Kodiak Island Borough Code 17.205.055(B)
within 20 days of the Planning and Zoning Commission recommendation of denial requesting that
the Assembly consider the rezone request despite the Planning and Zoning Commission
Recommendation; and
WHEREAS, after reviewing the facts and circumstances, the testimony, and the arguments
advanced by the applicant, staff, and interested persons, the Kodiak Island Borough Assembly
finds, pursuant to Kodiak Island Borough Code 17.205.060, that the public necessity,
convenience, general welfare, and good zoning practices support approval of the rezone request;
and
WHEREAS, Kodiak Island Borough Code 17.205.075(A) calls for an ordinance approving a
rezoning such as this, 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
Ordinance No. FY2024-03
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that is consistent with the new zoning; and
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WHEREAS, Kodiak Island Borough Code 17.205.075(C) calls for a rezoning ordinance to include
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a section which specifies the newly assigned Comprehensive Plan Future Land Use Designation
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of the rezoned parcel or parcels.
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NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
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BOROUGH that:
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Section 1: This ordinance is of a permanent nature, but is NOT of a general nature, and shall
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NOT become a part of the Kodiak Island Borough Code of Ordinances.
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Section 2: By this ordinance, LOT 26A, U.S. SURVEY 3098, commonly known as 110 Bancroft
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Drive, a diagram of which is depicted in Exhibit A appended to this ordinance and
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incorporated herein by reference, is hereby rezoned from R1-Single-family
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Residential to B- Business District in the Official Zoning Map of Kodiak Island Borough
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(see attached diagram showing the parcels to be rezoned).
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Section 3: The Official Zoning Map of the Kodiak Island Borough shall be amended to indicate
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the change of zone set forth in Section 2 of this ordinance. The Director of Community
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Development shall cause the Zoning Map to be amended consistent with this
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ordinance.
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Section 4: By this ordinance, LOT 26A, U.S. SURVEY 3098, commonly known as 110 Bancroft
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Drive, a diagram of which is depicted in Exhibit B appended to this ordinance and
a
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incorporated herein by reference, is hereby rezoned from Residential (R) to
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Commercial (B) in the Official Future Land Use Map of the Kodiak Island Borough
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Comprehensive Plan 2008 (see attached diagram showing the parcels to be
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rezoned).
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Section 5. The Official Future Land Use Map of the Kodiak Island Borough Comprehensive Plan
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2008 shall be amended to indicate the change of zone set forth in Section 4 of this
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ordinance. The Director of Community Development shall cause the Official Future
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Land Use Map of the Kodiak Island Borough Comprehensive Plan 2008 to be
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amended consistent with section 4 of this ordinance.
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Section 6. By this ordinance, the Borough Assembly adopts the following findings of fact in
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support of their approval of this rezone:
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(Note: This will be filled in accordingly depending on the vote taken by the Assembly.)
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4.
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Effective Date: This ordinance shall become effective in accordance with KIBC 1.10.040.
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ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
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THIS DAY OF 2023.
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Ordinance No. FY2024-03 Page 2 of 3
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L
KODIAK ISLAND BOROUGH
ATTEST:
Scott Arndt, Borough Mayor
Nova M. Javier, MMC, Borough Clerk
Introduced by: Manager
First reading: 06/15/2023
Second reading/public hearing: 06/15/2023
Failed: 06/15/2023
VOTES:
Ayes: None
Noes: Griffin, LeDoux, Sharratt, Smiley, Turner, and Delgado
Absent: Smith
Ordinance No. FY2024-03
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