1995-12 Rezoning Property Surrounding the Monashka Bay Watershed to NUKODIAK ISLAND BOROUGH
ORDINANCE NO. 95 -12
Introduced by: Mayor Selby
Requested by: Planning and
Zoning Commission
Drafted by: Community
Development Department
Introduced: 08/17/95
Public Hearing: 09/07/95
Adopted. 09/07/95
AN ORDINANCE REZONING PROPERTY SURROUNDING THE MONASHKA BAY
WATERSHED, INCLUDING BOROUGH -OWNED LAND AT THE END OF THE ROAD
IN MONASHKA BAY, FROM C -- CONSERVATION TO NU -- NATURAL USE.
WHEREAS, the Kodiak Island Borough resource management office has suggested
that certain property surrounding the Pillar Creek and Monashka Bay watershed area,
transferred to the Kodiak Island Borough from Ouzinkie Native Corporation through
ANILCA for watershed purposes and outside the area currently zoned W- Watershed,
including Borough owned land near Termination Point, be rezoned from C --
Conservation to NU-- Natural Use; and
WHEREAS, the Kodiak Island Borough Planning and Zoning Commission held a public
hearing on this rezoning; and
WHEREAS, public testimony unanimously supported this rezone; and
WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has
recommended that the Kodiak Island Borough Assembly approve this rezone;
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is not of general application and shall not be codified.
Section 2: The property surrounding the Monashka Bay watershed, and Borough
owned land adjacent to Termination Point, specifically defined in the metes and
bounds description dated July 28, 1995 (attached) is hereby rezoned from C --
Conservation to NU-- Natural Use.
Section 3: The findings of the Kodiak Island Borough Planning and Zoning
Commission in recommending approval of this rezone are hereby confirmed as
follows:
• • £ .• .
a - ► - • • . 11 11 • a. a •- • i as - a• a1 -a
A rezone of property adjacent to the Monashka Creek watershed from C --
Conservation to NU- Natural Use Lands is needed and justified because the NU- Natural
Use Lands zoning district:
Kodiak Island Borough, Alaska
Ordinance No. 95 -12
Popo 1 of 4
A. will serve as a buffer to ensure good water quality is maintained by
better protecting the municipal watershed, a stated objective of the Monashka
Bay Comprehensive Plan;
B. will provide, consistent with objectives stated in the Monashka Bay
Comprehensive Plan, a greater measure of protection for the environment and
preservation of recreational opportunities and natural amenities in this area
which is principally used for a range of recreational activities including hiking,
camping, fishing, hunting, sightseeing, and beachcombing;
C. is consistent with local ordinances developed by the City of Kodiak to
further protect its watershed;
D. is consistent with the specific reasons contained within ANILCA for
which this property was transferred to the Borough;
E. will prohibit more intensive land uses permitted in the C -- Conservation
zoning district that are not compatible with protection of watershed and
enhancement of recreational value.
17.79.070 B. Findings as to the Fffe.ct a rhangp nr Amendment would have nn the
Ohjectives of the Comprehensive Plan.
A change of zoning from C -- Conservation to the NU- Natural Use Lands zoning district
is consistent with the 1968 Borough Comprehensive Plan which generally designates
this area as a watershed reserve. More intensive land uses are available under the
C -- Conservation zoning district. As a buffer zone, the NU- Natural Use Lands zoning
district provides a greater measure of watershed protection.
This rezone is also consistent with stated objectives of the Monashka Bay
Comprehensive Plan including watershed protection and designation and development
of public land for hiking trails, beach /park areas, and other recreational uses.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SEVENTH DAY OF SEPTEMBER, 1995
KODIAK ISLAND BOROUGH
D awka_ - LtAi
Donna F. Smith, CMC, Borough Clerk
Kodiak Island Borough, Alaska
e me M. Selby, Borou hg r
ATTEST: Mary A. Mdfiroe, Presiding Officer
Ordinance No. 95 -12
Page 2 of 4
PARCEL 1
METES AND BOUNDS DESCRIPTION
Beginning at the NW corner of Section 9, of Township 27S, Range 20W, Zone 5,
Seward Meridian, Alaska State Plane, the true point of beginning;
Thence N 88 D 43' 52" E a distance of 21,111.138' along the northern boundary
of Sections 9, 10, 11, & 12, of said township to the NE corner of Section 12, a
corner common with the NW corner of Section 7, Township 27S, Range 19W,
Zone 5, Seward Meridian, Alaska State Plane;
Thence S 1 D 18' 41" E a distance of 7092.74', more or less to the meander line
of Monashka Bay
Thence following the meander line in a northwesterly direction a distance of
approximately 9663.3' to a point on the southern boundary of Section 13, of
Township 27S, Range 20W, Zone 5, Seward Meridian, Alaska State Plane
Thence S 88 D 42' 16" W a distance of 2496.816' to a point on the southern
boundary of Section 13, this point is 2622.740' from the southeast corner of
Section 13
Thence N 19 D 24' 21" E a distance of 490.317'
Thence N 28 D 24' 46" W a distance of 3467.708'
Thence N 25 D 28' 30" E a distance of 2115.703'
Thence N 32 D 32' 06" W a distance of 687.968'
Thence N 89 D 37' 30" W a distance of 6110.131'
Thence S 79 D 05' 42" W a distance of 2220.090'
Thence N 53 D 31' 10" W a distance of 3532.082'
Thence N 68 D 55' 07" W a distance of 2807.935'
Thence S 21 D 29' 44" W a distance of 2783.613'
Thence S 44 D 14' 34" E a distance of 3210.545'
Thence S 57 D 51' 55" W a distance of 2350.021'
Thence S 35 D 41' 15" W a distance of 5072.101'
Thence N 01 D 18' 35" W a distance of 11,676.991' along the western boundary
of Sections 21, 16 and 9 to the true point of beginning,
containing 2733.6 acres, more or less.
Kodiak Island Borough, Alaska Ordinance No. 95 -12
Page 3 of 4
PARCEL 2
Beginning at the SW corner or Section 21 of Township 27S, Range 20W, Zone 5,
Seward Meridian, Alaska State Plane, the true point of beginning;
containing 145 acres, more or less.
PARCEL 3
Thence N 01 D 19' 8" W a distance of 3859.545'
Thence S 60 D 43' 55" E a distance of 862.105'
Thence S 01 D 0' 18" W a distance of 1140.18'
Thence S 56 D 35' 00" E a distance of 4011.548', a point on the southern
boundary of Section 21 common with the northern boundary of Section
28.
Thence S 88 D 44' 24" W a distance of 3993.147' along said southern boundary
of Section 21 to the true point of beginning,
Beginning at the SW corner of Section 27 of Township 27 S, Range 20 W, Zone 5,
Seward Meridian, Alaska State Plane, the true point of beginning;
Thence N 01 D 18' 37" W a distance of 3929.437' along the common boundary
between Sections 27 and 28,
Thence S 78 D 57' 33" E a distance of 1045.799'
Thence S 84 D 53' 32" E a distance of 1797.137'
Thence S 07 D 3' 8" E a distance of 977.395'
Thence S 43 D 32' 46" E a distance of 1555.040'
Thence S 01 D 20' 09" E a distance of 1392.428'
Thence S 88 D 51' 18" W a distance of 3951.157 to the true point of beginning,
containing 291.24 acres, more or Tess.
Kodiak Island Borough, Alaska Ordinance No. 95 -12
Page 4 of 4