1998-13 Moratorium Granting Conditional Use Permits in Pasagshak AreaKODIAK ISLAND BOROUGH
ORDINANCE NO. 98 -13
Introduced by: Assemblymember Bonney
Requested by: Assemblymember Bonney
Drafted by: Community Development Director
Introduced: 05/21/98
Public Hearing: 06/04/98
Amended: 06/04/98
Adopted: 06/04/98
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
PLACING A MORATORIUM ON THE GRANTING OF CONDITIONAL USE PERMITS
(CUP) IN THE PASAGSHAK AREA
WHEREAS, development activities have increased significantly in the Pasagshak area
in the last few years with recreational and residential development and the Kodiak
Rocket Launch Complex; and
WHEREAS, four conditional use permits for development activities were granted in
the last six months to support the construction needs of the Kodiak Rocket Launch
Complex; and
WHEREAS, two of these conditional use permits were for gravel extraction with up
to 20,000 cubic yards of material permitted to be mined from each site; and
WHEREAS, gravel extraction as a multiple site land use activity presents the
possibility of Tong -term environmental and aesthetic destruction of the Pasagshak
valley; and
WHEREAS, Alaska Statute 29.40.040(a) states that zoning regulations restricting the
use of land and improvements by geographical districts are to be implemented in
accordance with a comprehensive plan adopted under AS 29.40.030; and
WHEREAS, land use permit requirements designed to encourage or discourage
specified uses and the construction of specified structures, or to minimize unfavorable
effects of uses and construction of structures, are also to be implemented in
accordance with the comprehensive plan adopted under AS 29.40.030; and
WHEREAS, the adopted Borough comprehensive plan applicable to the Pasagshak
area is the Kodiak Island Borough Coastal Management Program (KIBCMP); and
WHEREAS, the KIBCMP does not currently meet the specific and unanticipated needs
of the Pasagshak area, as it did not foresee the Kodiak Rocket Launch Complex;
however, the KIBCMP did anticipate the need for review and updating as conditions
changed; and
Kodiak Island Borough, Alaska Ordinance No. 98 -13
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WHEREAS, the Kodiak Island Borough Assembly and the Kodiak Island Borough
Planning and Zoning Commission agreed at a joint work session in February 1998,
based on the powers and duties of the Commission specified in KIBC 2.40.030, that
the geographical area most in need of an area plan was the Pasagshak area.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is not of a general and permanent nature and shall not
become a part of the Kodiak Island Borough code of Ordinances.
Section 2: A moratorium on the granting of conditional use permits for additional
gravel extraction sites in the Pasagshak area is hereby established until
an area plan, including a gravel extraction plan, is completed for the
Pasagshak area and incorporated into Borough code.
Section 3: For the purposes of this ordinance the Pasagshak area is defined as
T.31 S., R.20W., Sections 2, 11, 14, 15, 22, 23, and 26, S.M.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS FOURTH DAY OF JUNE, 1998
ATTEST:
Donna F. Smith, CMC /AAE, Borough Clerk
KODIAK ISLAND BOROUGH
Gar L. Stev -ns, Presiding Officer
Kodiak Island Borough, Alaska Ordinance No. 98 -13
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