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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