FY2024-10 Friends by the Ocean Rezone - Chiniak AreaI KODIAK ISLAND BOROUGH
2 ORDINANCE NO. FY2024-10
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4 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING LOT
5 1 & 2 ISTHMUS POINT USS 4935, LOT 1A, ISTHMUS BAY, LOT 2A, ISTHMUS BAY, FROM
6 C - CONSERVATION DISTRICT TO RNC — RURAL NEIGHBORHOOD COMMERCIAL AND
7 LOT 12 BROOKERS LAGOON FROM RR1 — RURAL RESIDENTIAL ONE DISTRICT TO RNC
8 — RURAL NEIGHBORHOOD COMMERCIAL DISTRICT (P&Z CASE NO. 24-002)
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10 WHEREAS, as a second-class borough, the Kodiak Island Borough exercises planning,
I platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska
12 statutes; and
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14 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008
15 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the
16 1968 Comprehensive Plan; and
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18 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with
19 AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and
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21 WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity, convenience,
22 general welfare or good zoning practice requires, the assembly may, by ordinance and after report
23 thereon by the commission and public hearing as required by law, amend, supplement, modify,
24 repeal, or otherwise change these regulations and boundaries of the districts"; and.
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26 WHEREAS, the property owners applied for a rezone of these properties from the C-
27 Conservation District and RR1-Rural Residential One District to the RNC-Rural Neighborhood
28 Commercial District on August 16, 2023; and
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30 WHEREAS, the Planning & Zoning Commission voted to recommend to the Borough Assembly
31 that the subject properties be rezoned from C-Conservation and RR1-Rural Residential One
32 District finding that the public necessity, convenience, general welfare, and good zoning practice
33 would be enhanced by such action.
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35 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
36 BOROUGH that:
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38 Section 1: This ordinance is not of a general and permanent nature and shall not become a part
39 of the Kodiak Island Borough Code of Ordinances.
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41 Section 2: Lot 1 & 2 Isthmus Point, USS 4935, Lot 1a, Isthmus Nay, Lot 2a, Isthmus Bay, from
42 C-Conservation District to RNC-Rural Neighborhood Commercial District and Lot 12
43 Brookers Lagoon from RR1-Rural Residential One District to RNC-Rural
44 Neighborhood Commercial District.
Ordinance No. FY2024-10 Page 1 of 2
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Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in
support of their approval of this rezone.
1. All improvements currently located on these subject properties are permitted uses
in the RNC-Rural Neighborhood Commercial Zoning District
2. The rezone is consistent with the objectives of the comprehensive plan and in
conformance with the future land use map for the Chiniak area.
3. The rezoning of contiguous lots is appropriate and recommended in the RNC-
Rural Neighborhood Commercial District.
Effective Date: This ordinance takes effect upon adoption.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SECOND DAY OF NOVEMBER, 2023
KODIAK ISLAND BOROUGH
S^1-0 Z
Scott Arndt, Borough Mayor
Introduced by: Mayor and Assembly
First reading: 10/19/2023
Second reading/public hearing: 11/02/2023
VOTES:
Ayes: Ames, LeDoux, Sharratt, Smiley, & Turner
Noes: Griffin & Whiteside
Ordinance No. FY2024-10
0
Nova M. Javier, MMC, Borough Clerk a
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