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
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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
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