1994-25 Rezoning All City Owned Uplands and Tidelands in Pearson Cove to NUKODIAK ISLAND BOROUGH
ORDINANCE NO. 94 -25
Introduced by: Mayor Selby
Requested by: Planning &
Zoning Commission
Drafted by: Community
Development Department
Introduced: 11/03/94
Public Hearing: 11/22/94
Amended: 11/22/94
Adopted: 11/22/94
AN ORDINANCE REZONING ALL CITY -OWNED UPLANDS AND TIDELANDS IN
PEARSON COVE TO NU -- NATURAL USE LAND
WHEREAS, the City of Kodiak has requested that City -owned uplands and tidelands
in Pearson Cove be rezoned to NU-- Natural Use; and
WHEREAS, the Planning and Zoning Commission held a public hearing on this
request on October 19, 1994, and public support for the request was
overwhelming; and
WHEREAS, rezoning of the property will allow the City to accomplish its long stated
goal of developing a public park in this neighborhood; 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: All Kodiak City -owned uplands and tidelands in the area commonly
known as Pearson Cove, as depicted on the attached map, are hereby
rezoned to NU-- Natural Use and described approximately as:
PARCEL ON THE SOUTHWEST SIDE OF PARCEL 19
"Commencing at the northwest corner of Parcel 19, the true point of beginning,
thence S 89D 56' 00" W, a distance of 175.61 feet, to meander corner 1 of U.S.
Survey 1681, thence S 42D 56' 00" W, a distance of 104.94 feet, along the
Kodiak Island Borough, Alaska Ordinance No. 94 -25
Page 1 of 3
southern border of Lots 1 and 2, Block 34, East Addition. Thence S 61D 38' 00" W,
a distance of 500.52 feet, along the southern border of Lots 3A, 5, 6, 7, 8, 9, 10 and
11 to the southwest corner of Lot 12. Thence S 31D 00' 00" E, a distance of
359.04 feet along a border common with Tideland Tract N38, thence N 62D 27' 43"
E, a distance of 715.73 feet, to the southwest corner of Parcel 19. Thence N 24D
22' 18" W, a distance of 320 feet, to the true point of beginning, comprising an area
of 268,432.34 square feet."
PARCEL ON THE NORTHEAST SIDE OF PARCEL 19
"Starting at the southeast corner of Lot 2, Block 2, of U.S. Survey 2910 AB, the true
point of beginning. Thence S 74D 33' 00" W, a distance of 158.7 feet, to the most
southerly corner of Father Herman Street right -of -way, thence N 7D 01' DO" W along
said right -of -way, a distance of 65.85 feet, thence N 64D 12' 00" W along Father
Herman Street right -of -way, a distance of 51.73 feet, thence S 80D 21' 00" W, a
distance of 101.64 feet, a point common to Father Herman Street right -of -way and
the northeast corner of Parcel 19. Thence S 24D 22' 18" E, a distance of 250. 19
feet, to the southeast corner of Parcel 19. Thence N 63D 10' 8" E, a distance of
347.60 feet, to the true point of beginning to comprise an area of 42,060.96 square
feet."
Section 3: The findings of the Kodiak Island Borough Planning and Zoning
Commission, in recommending approval of this rezone, are confirmed as
follows:
A. Findings as to the Need and Justification for a Change or Amendment.
While the property has been zoned industrial and conservation for many years, the
City of Kodiak has indicated a desire to accommodate the concerns of the
neighborhood by pursuing development of a park in this area. This rezone is needed
and justified in order to allow for the future development of the area for a public park
which will benefit the entire community of Kodiak.
B. Findings as to the Effect a Change or Amendment would have on the Objectives
of the Comprehensive Plan.
The 1968 Comprehensive Plan does not specifically identify a use for these
City -owned lands. In fact, a designation is notable by its absence. In the Plan, the
tideland property to the west of Pearson Cove is identified as Tight industrial, while the
uplands to the north and east are identified for medium density residential
development. While the subject uplands and tidelands are not designated in the 1968
Comprehensive Plan for public use or open space use, it should be noted that Pearson
Cove is identified as a potential park site in the Kodiak Island Borough Parks and
Recreation Plan. This rezone will allow for the development of the park contemplated
in this plan and is not inconsistent with the adopted 1968 Comprehensive Plan.
Kodiak Island Borough, Alaska Ordinance No. 94 -25
Page 2 of 3
Section 4: The official zoning map shall be updated to reflect this rezoning.
ATTEST:
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS TWENTY- SECOND OF NOVEMBER, 1994
KODIAK ISLAND BOROUGH
C .
F. Smith CMC, Borough Clerk
Jerirr e M. Selby, Boroug 12.11.xtk
Mary A. Monroe, Presiding Officer
Kodiak Island Borough, Alaska Ordinance No. 94 -25
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100
Ordinance No. 94 -25
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