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1994-23 Rezoning All Borough and State Owned Land on Shuyak Island to NUKODIAK ISLAND BOROUGH ORDINANCE NO. 94 -23 Introduced by: Mayor Selby Requested by: Mayor Selby Drafted by: Community Development Department Introduced: 10/06/94 Public Hearing: 10/20/94 Postponed: 10/20/94 Postponed: 11/03/94 Postponed: 12/01/94 Postponed: 12/15/94 Postponed: 01/19/95 Adopted: 12/21/95 AN ORDINANCE REZONING ALL BOROUGH AND STATE OWNED LAND ON SHUYAK ISLAND FROM C-- CONSERVATION TO NU -- NATURAL USE LANDS WHEREAS, about 27,000 acres of Kodiak Island Borough land on Shuyak Island has been identified as high -value habitat that will benefit the recovery of resources and services injured by the Exxon Valdez oil spill; and WHEREAS, the Borough administration has determined that all Borough land on Shuyak Island is surplus to the needs of Borough residents, so long as the land is maintained in public ownership; and WHEREAS, the proposed use of the land acquired by the Trustee Council (as indicated in the Memorandum of Agreement and Consent Decree executed between the United States and the State of Alaska, and approved and entered by Judge Holland on August 28, 1991) is consistent with the goals and objectives of the 1986 Shuyak Island Comprehensive Plan; and WHEREAS, the Kodiak Island Borough Planning and Zoning Commission held a public hearing on this rezoning, and WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has recommended that the Kodiak Island Borough Assembly approve this rezoning; 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: All Borough- and State -owned land (consisting of approximately 44,000 acres) on Shuyak Island is hereby rezoned from C-- Conservation to NU-- Natural Use Lands. Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission in recommending the approval of this rezone are hereby confirmed as follows: Kodiak Island Borough, Alaska Ordinance No. 94 -23 Page 1 of 2 FINDINGS OF FACT 1. Findings as to the Need and Justification for a Change or Amendment. A rezone from C-- Conservation to NU-- Natural Use Land is needed and justified because the NU-- Natural Use Land zoning district: ATTEST: A. Will better accomplish the specific intent of the Shuyak Island Comprehensive Plan to retain the natural diversity of the Island and to protect the Island's natural environment and habitat; B. Is consistent with the acquisition objectives of the Exxon Valdez Trustee Council which helped guide the acquisition of 27,000 acres of Borough land on Shuyak Island by the Council; C. Is consistent with the Kodiak Island Borough Coastal Management Plan; and D. Will prohibit more intensive land uses permitted in the C -- Conservation zoning district that are not compatible with the preservation of habitat and enhancement of recreational value. 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. Specific goals stated in the Shuyak Island Comprehensive Plan include preservation of habitat, retention of natural diversity, protection of the environment and preservation of recreational opportunities. This intent is more consistent with the description and intent of the NU-- Natural Use Land zoning as stated in KIBC 17.12.010. A change of zoning from C-- Conservation to the NU-- Natural Use Land zoning district is therefore necessary to better achieve the goals of the Comprehensive Plan. Section 4: The official zoning map shall be updated to reflect this rezoning. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS TWENTY -FIRST DAY OF DECEMBER, 1995 1-4Ym e / ,ern c o nna F. Smith, CMC, Borough Clerk Kodiak Island Borough, Alaska KODIAK ISLAND BOROUGH c fil - • Jer me M. Selby, Boroug f G y L. Stev Presiding Officer Ordinance No. 94 -23 Page 2 of 2