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1987-08-19 Regular Meetingr- KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - AUGUST 19, 1987 7:30 p.m. AGENDA I CALL TO ORDER II ROLL CALL III APPROVAL OF AGENDA IV MINUTES OF PREVIOUS MEETINGS: Regular Meeting of July 15, 1987 V APPEARANCE REQUESTS AND AUDIENCE COMMENTS VI PUBLIC HEARINGS A) CASE 87-036. Request to investigate the rezoning of Lot 3, Block 1, Woodland Acres Subdivision; Lot 1, Block 1, Woodland Acres Subdivision 2nd Addition; Tract C-1, U.S. Survey 1682; Tracts E-3 and R-2, U.S. Survey 3218; and Lots 2, 3, and 4, Block 1, Kadiak Alaska Subdivision lst Addition. (Planning and Zoning Commission) B) CASE 87-044. Request for a variance from Section 17.54.010 (C) (Height Extension onto Public Property) of the Borough Code to permit a parking deck to project seven (7) feet into the Cope Street right-of-way in a R2--Two-Family Residential Zoning District, Lot 34B, Block 19, Kodiak Townsite; 311 Cope Street. (Margaret E. Bosworth) C) CASE 87-046. Request for a conditional use permit in accordance with Section 17.13.030 (Conditional Uses) of the Borough Code to permit resource extraction activities (placer gold mining) in a C--Conservation Zoning District within Sections 2, 10, 11, 15, 16, and 17, Township 42 South, Range 33 West, Seward Meridian (approximately 2,880 acres) on Tugidak Island. The resource extraction activities will consist of sluicing loose sand down to bedrock in areas above the mean low waterline utilizing tractors, drag lines, and backhoes and the return of sluiced materials to the point of origin. The extraction activity will be supported by processing equipment, a base camp, and fuel and water supplies associated with placer mining (Gary J. Peterson/State of Alaska Department of Natural Resources); and a Public Hearing on the proposed resource extraction and support activities. The purpose of this hearing is to gather public input that will be used in determining the Kodiak Island Borough's comments as to whether this project is consistent with the Alaska Coastal Management Program and the Kodiak Island Borough Coastal Management Program. D) CASE 87-047. Request for a conditional use permit in accordance with Section 17.13.030 (Conditional Uses) of the Borough Code to permit resource extraction activities (placer gold mining) in a C--Conservation Zoning District within Sections 4, 5, 6, 7, 8, and 9, Township 42 South, Range 33 West, Seward Meridian and Sections 1 and 12, Township 42 South, Range 34 West, Seward Meridian (approximately 7,360 acres) on Tugidak Island. The resource extraction activities will consist of floating suction dredging of loose sand within the tidal basin and tidal flats and return of dredged material to the point of origin. The extraction activity will be supported by miscellaneous equipment and ancillary activities associated with placer mining (John Henry Preston/State of Alaska Department of Natural Resources); and a Public Hearing on the proposed resource extraction and support activities. The purpose of this hearing is to gather public input that will be used in determining the Kodiak Island Borough's comments as to whether this project is consistent with the Alaska Coastal Management Plan and the Kodiak Island Borough Coastal Management Plan. KIBS226282 Planning and Zoning Commission 1 August 19, 1987 Agenda r r E) CASE S-87-022. Vacation of a Ten -Foot -Wide Utility and Road Easement, Easterly Lot Line, Lot 20A, Block 14, Kodiak Townsite Alaska, U.S. Survey 2537B. (Sharlene Sullivan/Wayne J. and Tineke Crum) Tabled from the July 15, 1987 regular meeting. F) CASE S-87-028. Subdivision of Lot 15B, U.S. Survey 3101; to Lots 15B-1, 15B-2, and 15B-3. (Knox N. and Lorena Christie) VII OLD BUSINESS A) CASE S-87-001. Findings of Fact for the granting of an appeal of the Borough Engineer's decision requiring that as a condition of final plat approval that Lots IA-2 and 1A-3 be combined into one lot on the final plat for the subdivision of Lot 1-A, Block 4, Woodland Acres, U.S. Survey 1682. Deferred from the July 15, 1987 regular meeting. B) CASE 85-013. Planning and Zoning Commission review of the conditions of approval of an exception which authorized construction of a temporary structure to aid in a topsoil screening operation on Tract C-1, U.S. Survey 1682. (Michael Anderson) VIII NEW BUSINESS IX COMMUNICATIONS A) Memo dated July 29, 1987, from Robert H. Pederson to the Planning and Zoning Commission, re: Monitoring of the Landfill on Block 3, Tract A, Bells Flats Alaska Subdivision. B) Letter dated July 14, 1987 from Joel H. Bolger to Robert H. Pederson, re: Case S-87-001 - Sock Bevis Appeal X REPORTS A) Community Development Department Monthly Status Report - July 1987 B) Engineering Department Abbreviated Plats Report XI AUDIENCE COMMENTS XII COMMISSIONERS' COMMENTS iiiiW.ViXilii t41:0M The public is invited to attend the packet review worksession for these agenda items to be held in the Kodiak Island Borough Conference Room at 7:30 p.m. the preceding Wednesday. Minutes for this meeting are available upon request, call the Community Development Department at 486-5736, extension 256. KIBS226283 Planning and Zoning Commission 2 August 19, 1987 Agenda r.., F— KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - AUGUST 19, 1987 7:30 p.m. ADDITIONAL AGENDA ITEMS F� ZKi] �'u�'i11J3NeY I i [q d Fy C) Letter dated July 27, 1987, from Gaye J. Vaughan, Borough Clerk, to Joel Bolger, Borough Attorney, re: Abbreviated Plat Procedure; and response dated August 13, 1987. D) Kodiak Island Borough/City of Kodiak Camping Work Group: August 4, 1987 meeting minutes August 11, 1987 meeting minutes August 18, 1987 meeting minutes August 25, 1987 agenda KIBS226281 Planning and Zoning Commission 1 August 19, 1987 Agenda r— r KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - AUGUST 19, 1987 I. CALL TO ORDER The Regular Meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by Chairman Steve Rennell on August 19, 1987 in the Borough Assembly Chambers. II. ROLL CALL III IV V VI Commissioners Present: Steve Rennell, Mike Anderson Robin Heinrichs Tom Hendel D.L. Smedley Scott Thompson Others Present: Chairman Bob Pederson, Acting Director and Associate Planner, Community Development Department Patricia Miley, Secretary, Community Development Department Dave Crowe, Borough Engineer Commissioners Absent: Mary Lou Knudsen, Excused A quorum was established. APPROVAL OF AGENDA Others Absent: Linda Freed, Director, Community Development Department Staff reported the following additions to the agenda: IX COMMUNICATIONS C) Letter dated July 27, 1987, from Gaye J. Vaughan, Borough Clerk, to Joel Bolger, Borough Attorney, re: Abbreviated Plat Procedure; and response dated August 13, 1987. D) Kodiak Island Borough/City of Kodiak Camping Work Group: August 4, 1987 meeting minutes August 11, 1987 meeting minutes August 18, 1987 meeting minutes August 25, 1987 agenda COMMISSIONER HEINRICHS MOVED TO ACCEPT the agenda with the additions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. MINUTES OF PREVIOUS MEETING COMMISSIONER RENNELL noted that Commissioner Anderson moved to accept the agenda at the July 15, 1987 regular meeting and requested that the minutes be corrected. COMMISSIONER ANDERSON MOVED TO ACCEPT the minutes of the July 15, 1987 Planning and Zoning Commission regular meeting as corrected. The motion was seconded and CARRIED by unanimous voice vote. APPEARANCE REQUESTS AND AUDIENCE COMMENTS There were no appearance requests or audience comments. KIBS226284 PUBLIC HEARINGS A) CASE 87-036. Request to investigate the rezoning of Lot 3, Block 1, Woodland Acres Subdivision; Lot 1, Block 1, Woodland Acres Subdivision 2nd Addition; Tract C-1, U.S. Survey 1682; Tracts E-3 and R-2, U.S. Survey 3218; and Lots 2, 3, and 4, Block 1, Kadiak Alaska Subdivision 1st Addition. (Planning and Zoning Commission) Planning & Zoning Commission 1 August 19, 1987 Minutes BOB PEDERSON indicated 70 public hearing notices were mailed for this case and 2 were returned. Staff requested the Commissioners to read these responses. Two telephone calls were also received: (1) from Bob Shuttlesworth expressing opposition of a rezone of any portion of Woodland Acres except a rezone to R3 along Rezanof Drive; and (2) from John Longstreet requesting the zoning remain residential. Mr. Pederson reviewed the history of this case for the Commission and audience, indicating specific land use changes on the presentation map. Staff recommended tabling this request until the September 16, 1987, regular meeting for another public hearing. COMMISSIONER ANDERSON requested to be excused due to a conflict of interest. COMMISSIONER RENNELL excused COMMISSIONER ANDERSON. Regular Session Closed. Public Hearing Opened: MIKE ANDERSON, owner of Tract C-1, U.S. Survey 1682, appeared before the Commission and expressed support for the rezoning of the front Portion (along Rezanof Drive) of Tract C-1, U.S. Survey 1682 to B--Business. Mr. Anderson stated that the remaining Portion of Tract C-1, U.S. Survey 1682 was intended to be utilized for residential purposes. ALAN SCHMITT, co-owner of Lot 15, Block 3, Killarney Hills, appeared before the Commission and expressed opposition to the concept of rezoning Tracts R-2 and E-2, U.S. Survey 3218 to either Business or Industrial. Mr. Schmitt also indicated that he was present representing the Archdiocese of Anchorage and was available to answer any questions resulting from the Archdiocese's letter dated August 13, 1987, from Michael J. Meehan, Director of Planning and Development. BILL ALWERT, owner of Lot 3, Block 1, Kadiak Alaska 1st Addition, appeared before the Commission and expressed opposition to any rezone which would eliminate the present use of his property (gear storage). CHAIRMAN RENNELL noted that no particular zoning district had been identified for any of the areas being investigated, but that the Commission was interested in obtaining the views of property owners in the area. ALAN WALKER, 458 Curlew Way, appeared before the Commission and stated that he had no opposition to a rezone along Rezanof Drive which would allow clinics, however he was opposed to any Business, Industrial or Commercial zoning district, expressing a desire to keep the area primarily residential in nature. JIM FAVERO, 373 Teal Way, appeared before the Commission and expressed support for the rezoning of the Rezanof Drive frontage of Mr. Anderson's property and the continued use of Mr. Alwert's property as gear storage and opposition to any other rezoning which would affect the residential nature of Woodland Acres, Woody Way Loop and Woodland Drive. A discussion ensued amongst Commissioner Heinrichs and Mr. Favero. r It was noted that Mr. Favero ideally preferred R1 or R2 zoning districts for all the properties in question. However, Mr. Anderson's plans for the frontage along Rezanof Drive and Mr. Alwert's gear storage were acceptable. OTTO MAHLE, 340 Curlew Way, appeared before the Commission and expressed support for the continued residential use of the area, except for a strip along either side of Rezanof Drive for clinics or gear storage. RORY KNOTTS, 3478 Sean Circle, appeared before the Commission and expressed opposition to any Business or Industrial zoning along Rezanof Drive. KIBS226285 Planning & Zoning Commission 2 August 19, 1987 Minutes r— r— I_ TUCK BONNEY, 363 Curlew Way, appeared before the Commission and proposed that this request be tabled until such time as an updated Comprehensive Plan for the area is established. Mr. Bonney stated opposition to any Business zoning in the area (as presently defined by the Borough Code) and suggested there might be a need for a "neighborhood business zoning district." COMMISSIONER HEINRICHS noted that the Commission is presently in the process of writing a new comprehensive plan and that it seems appropriate to look at this area now given its changing nature. CHRIS BISHOP, 3305 Woody Way Loop, appeared before the Commission and expressed opposition to any Business or Industrial zoning along Rezanof which would increase the traffic and detract from the residential nature of the existing neighborhoods. LARRY ABALOS, 3585 Sean Circle, appeared before the Commission and expressed opposition to Business or Industrial zoning or any other hodgepodge development of the area. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO KILL the investigation of the rezoning of Lot 3, Block 1, Woodland Acres Subdivision; Lot 1, Block 1, Woodland Acres Subdivision 2nd Addition; Tract C-1, U.S. Survey 1682; Tracts E-3 and R-2, U.S. Survey 3218; and Lots 2, 3, and 4, Block 1, Kadiak Alaska Subdivision 1st Addition AND TO POSTPONE FURTHER DISCUSSION until a new comprehensive plan is developed. The motion was seconded and CARRIED by majority roll call vote. Commissioner Smedley voted "nor' CHAIRMAN RENNELL indicated Mr. Bonney would be notified when the Commission began work on the development of a new comprehensive plan for this area. BOB PEDERSON noted that staff experienced difficulties with the public hearing notice distribution system for this particular item and that the Commission had been advised of the problem at the packet review worksession. COMMISSIONER ANDERSON returned to the Planning and Zoning Commission. B) CASE 87-044. Request for a variance from Section 17.54.010 (C) (Height Extension onto Public Property) of the Borough Code to permit a parking deck to project seven (7) feet into the Cope Street right-of-way in a R2--Two-Family Residential Zoning District, Lot 34B, Block 19, Kodiak Townsite; 311 Cope Street. (Margaret E. Bosworth) BOB PEDERSON indicated 43 public hearing notices were mailed for this case and 1 was returned, stating concern with traffic safety in the area. Mr. Pederson noted that there had been some confusion between the right-of-way and the driving surface of Cope Street. Staff recommended approval of this request subject to five (5) conditions. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. KIBS226286 COMMISSIONER ANDERSON MOVED TO GRANT a request for a variance from Section 17.54.010(C) of the Borough Code to permit a twenty by twenty (20 x 20) foot parking deck and associated fill to project seven (7) feet into the Cope Street right-of-way in a R2--Two-Family Residential Zoning District in front of Lot 34B, Block 19, Kodiak Townsite, subject to the conditions of approval Planning & Zoning Commission 3 August 19, 1987 Minutes outlined in the staff report dated August 5, 1987 and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. The parking deck is constructed at the applicant's sole expense. 2. The applicant assumes any liability associated with said structure on city -owned property. 3. If at a future date, the City of Kodiak determines that the parking deck must be removed from the city -owned property, the applicant or any subsequent owner of Lot 34B, Block 19, Kodiak Townsite agrees to remove same without cost to the City of Kodiak. 4. Since the land is publicly owned, the applicant agrees that no prescriptive right accrues to the user. 5. The existing guardrail is not removed. FINDINGS OF FACT 1. Exceptional physical circumstances or the orooerty or intended use of deve do not apply to other properties in the same land use L The exceptional circumstances applicable to this request are the terrain of the lot and the fact that the lot currently has r no off-street parking. The lot slopes steeply downward from Cope Street. Substantial fill and construction would be required to locate the deck totally on the lot and provide useable access from the driving surface to the front property line. Parking decks are generally located very close to or abutting the edge of the driving surface. Lastly, this lot currently has no off-street parking due to the terrain and house placement. The Borough Code requires provision of off-street parking, therefore creating a condition necessitating a variance for lots with steep terrain. i- 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the Zoning Ordinance would require the provision of two (2) off-street parking spaces on Lot 34B. This would be a practical difficulty because of the extent of fill that would be required to obtain physical access to the front property line of Lot 34B from the driving surface of Cope Street. This practical difficulty is created by the exceptional physical condition noted previously. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Granting of the variance should not result in material damage or prejudice to other properties in the area or be detrimental to the public's health, safety or welfare. Location of the parking deck within the Cope Street right-of-way will not hinder actual or legal access to any nearby lots. Providing the required parking spaces in the right-of-way instead of on the lot is not prejudicial to other properties in the area because many lots along Cope Street do not provide any off-street parking and many others provide parking via a parking deck or parking areas in the right-of-way. The parking deck also will enhance traffic safety along Cope Street. Planning & Zoning Commission KIBS226287 4 August 19, 1987 Minutes r_ 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance will not be contrary to the objectives of the Comprehensive Plan which identifies this area for high density residential development. Comprehensive plans do not generally address minor development standards such as off-street parking and granting of the variance will not change the permitted uses or density of the area. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the Actions of the applicant have not caused conditions from which relief is being sought by a variance. The subdivision of Lot 34, Block 19, Kodiak Townsite, which created the physical difficulty in providing off-street parking, occurred in 1948 and the lot was only purchased by the applicant in 1987. Additionally, the variance will be decided prior to construction of the parking deck. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Single-family residences and parking decks are permitted in the Zoning District. C) CASE 87-046. Request for a conditional use permit in accordance with Section 17.13.030 (Conditional Uses) of the Borough Code to permit resource extraction activities (placer gold mining) in a C--Conservation Zoning District within Sections 2, 10, 11, 15, 16, and 17, Township 42 South, Range 33 West, Seward Meridian (approximately 2,880 acres) on Tugidak Island. The resource extraction activities will consist of sluicing loose sand down to bedrock in areas above the mean low waterline utilizing tractors, drag lines, and backhoes and the return of sluiced materials to the point of origin. The extraction activity will be supported by processing equipment, a base camp, and fuel and water supplies associated with placer mining (Gary J. Peterson/State of Alaska Department of Natural Resources); and a Public Hearing on the proposed resource extraction and support activities. The purpose of this hearing is to gather public input that will be used in determining the Kodiak Island Borough's comments as to whether this project is consistent with the Alaska Coastal Management Program and the Kodiak Island Borough Coastal Management Program. BOB PEDERSON indicated 12 public hearing notices were mailed for this case and 1 was returned, in favor of this request. Staff recommended tabling this request until the September 16, 1987, regular meeting for another public hearing. Staff also noted that a complete listing of mining claims at Tugidak had been received from the Alaska Department of Natural Resources (DNR) and that public hearing notices for the September 16, 1987 regular meeting would be distributed to those on the list. Regular Session Closed. Public Hearing Opened: BILL ALWERT, commercial fisherman, appeared before the Commission and stated that he had fished dungeness crab in Tugidak waters since 1962 and that he was opposed to any mining in the lagoon area until a study on the impact to crab fisheries had been completed. POWELL TROTTER, 1214 Madsen, appeared before the Commission and expressed support for this request as long as the miners adhered to the laws regulating mining. Planning & Zoning Commission KIBS226288 5 August 19, 1987 Minutes r-- ARTHUR SCHULTZ appeared before the Commission and expressed opposition to mining in the lagoon due to the detrimental affect on wildlife, including birds, clams and crab. RICHARD MACINTOSH, 909 Mission, appeared before the Commission and expressed opposition to this request. Mr. MacIntosh recounted the past efforts to have Tugidak Island designated as a "critical habitat" area, including efforts by Fred Zharoff, the Alaska Department of Fish and Game (ADF&G), and DNR. Mr. MacIntosh also noted opposition to the staff's finding "that the conditional use will preserve the value, spirit, character and integrity of the surrounding area" as Tugidak is mostly wilderness and there has been no large scale mining in the past. COMMISSIONER HEINRICHS asked Mr. MacIntosh whether he was opposed to the scope and scale of the request or if he felt that mineral extraction per se was inappropriate for this area. Mr. MacIntosh stated that he was opposed to the scope and scale of the proposed operations and that he has been a proponent of designating Tugidak Island as "critical habitat" for a long time. Commissioner Heinrichs noted that the Commission makes land use decisions and that it does not have the expertise to measure biological impacts, but that he was aware that Mr. MacIntosh is currently employed as a biologist for the National Marine Fisheries Service and requested Mr. MacIntosh to comment on the biological affects of reclamation. Mr. MacIntosh stated that the effects of reclamation depend on individual miners and suggested that the Commission obtain historical information from other governmental agencies dealing with miners. Mr. MacIntosh also noted that enforcement would be cost prohibitive on Tugidak Island. DON BRAGG, owner of mining claims on Sitkinak and Tugidak Islands, appeared before the Commission and expressed support for this request stating that weather takes 50 feet of shoreline every winter and that the ocean surrounding these islands is consistently muddy and silty as a result. BILL ALWERT reappeared before the Commission and expressed opposition to this request. CHRIS PROVOST, representing the Kodiak Audobon Society, appeared before the Commission and expressed opposition to this request as it would be detrimental to bird, animal and marine resources. Mr. Provost stated that the Kodiak Audobon Society would submit further written comments at a later date. Public Hearing Closed. Regular Session Opened. A discussion ensued amongst the Commissioners and Community Development Department staff concerning the scope of the mining claims, the land use issue and coastal management policies. The Commission instructed staff to contact all State agencies involved in the permitting process to obtain input relevant to the impacts which could be expected on Tugidak Island as a result of these mining requests. COMMISSIONER HEINRICHS MOVED TO TABLE the request for a conditional use permit for resource extraction and support activities in a C--Conservation Zoning District within Portions of Sections 2, 10, 11, 15, 16, and 17, Township 42 South, Range 33 West, Seward Meridian on Tugidak Island (Case 87-046) to a second public hearing at the September 16, 1987 regular meeting and TO TABLE the Planning and Zoning Commission's recommendation on whether the resource extraction and support activities (Case 87-046) are consistent with the Kodiak Island Borough Coastal Management Program and the Alaska KIBS226299 Coastal Management Program to a second public hearing at the September 16, 1987 regular meeting. The motion was seconded and CARRIED by unanimous voice vote. D) CASE 87-047. Request for a conditional use permit in accordance with Section 17.13.030 (Conditional Uses) of the Borough Code to Planning & Zoning Commission 6 August 19, 1987 Minutes permit resource extraction activities (placer gold mining) in a C--Conservation Zoning District within Sections 4, 5, 6, 7, 8, and 9, Township 42 South, Range 33 West, Seward Meridian and Sections 1 and 12, Township 42 South, Range 34 West, Seward Meridian (approximately 7,360 acres) on Tugidak Island. The resource extraction activities will consist of floating suction dredging of loose sand within the tidal basin and tidal flats and return of dredged material to the point of origin. The extraction activity will be supported by miscellaneous equipment and ancillary activities associated with placer mining (John Henry Preston/State of Alaska Department of Natural Resources); and a Public Hearing on the proposed resource extraction and support activities. The purpose of this hearing is to gather public input that will be used in determining the Kodiak Island Borough's comments as to whether this project is consistent with the Alaska Coastal Management Plan and the Kodiak Island Borough Coastal Management Plan. BOB PEDERSON indicated 12 public hearing notices were mailed for this case and 1 was returned, in favor of this request. Staff recommended tabling this request until the September 16, 1987, regular meeting for another public hearing. Staff also noted that a complete listing of mining claims at Tugidak had been received from the Alaska Department of Natural Resources (DNR) and that public hearing notices for the September 16, 1987 regular meeting would be distributed to those on the list. Regular Session Closed. Public Hearing Opened: JOHN PRESTON, applicant, appeared before the Commission and expressed support for this request. Mr. Preston stated that the r primary interest was the northern portion of Tugidak and that sand would be lifted with a 12 inch diameter hose. COMMISSIONER ANDERSON asked if the dredge would move from place to place. Mr. Preston indicated that the dredge would move from place to place but that only one 12 inch diameter hose would be utilized. COMMISSIONER HEINRICHS asked at what depths would the tip of the hose be placed. Mr. Preston stated that the hose has a possible depth of 36 feet though in actuality it is effective as far down as 28 feet but they were intending to lay the hose out along the bottom and not place it down vertically. PETE MIDDLETON, one of the directors of Trinity Gold, Inc., appeared before the Commission and expressed support for this request. Mr. Middleton stated that the company owns 48 mining claims, 2,000 acres of actual usage which comprises 2.25 percent of the total area of Tugidak Island, that the dredge would be situated on mud flats, and that the local economy would benefit from the employment of approximately 16 miners and 10 new families residing in Kodiak. Mr. Middleton also stated that the company would operate with the "strictest sensitivity" to environmental impacts. RICHARD MACINTOSH appeared before the Commission and requested that his comments for Case 87-046 be applied to this request also. CHRIS PROVOST, representing the Kodiak Audobon Society, appeared before the Commission and requested that the Society's comments for Case 87-046 be applied to this request also. Mr. Provost also requested clarification of the acreages involved. BOB PEDERSON stated that the differences in acreage was a result of the actual extent of the acreages involved in the annual permitting process versus the number of claims that can be actually worked during a year. PETE MIDDLETON reappeared before the Commission and expressed support of this request. Public Hearing Closed. KIBS226290 Planning & Zoning Commission 7 August 19, 1987 Minutes r"- Regular Session Opened. COMMISSIONER ANDERSON MOVED TO TABLE the request for a conditional use permit for resource extraction and support activities in a C--Conservation Zoning District within Portions of Sections 4, 5, 6, 7, 8, and 9, Township 42 South, Range 33 West, and Portions of Sections 1 and 12, Township 42 South, Range 34 West, Seward Meridian on Tugidak Island (Case 87-047) to a second public hearing at the September 16, 1987 regular meeting AND TO TABLE the Planning and Zoning Commission's recommendation on whether the resource extraction and support activities (Case 87-047) are consistent with the Kodiak Island Borough Coastal Management Program and the Alaska Coastal Management Program to a second public hearing at the September 16, 1987 regular meeting. The motion was seconded and CARRIED by unanimous voice vote. E) CASE S-87-022. Vacation of a Ten -Foot -Wide Utility and Road Easement, Easterly Lot Line, Lot 20A, Block 14, Kodiak Townsite Alaska, U.S. Survey 2537B. (Sharlene Sullivan/Wayne J. and Tineke Crum) Tabled from the July 15, 1987 regular meeting. COMMISSIONER HEINRICHS MOVED TO REMOVE CASE S-87-022 FROM THE TABLE. The motion was seconded and CARRIED by unanimous voice vote. DAVE CROWE noted an additional handout which delineated in yellow markings a possible new access easement. Regular Session Closed. Public Hearing Opened: WAYNE CRUM appeared before the Commission and requested a review of the status of this case. DAVE CROWE gave the history of the case and indicated where the process was presently. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON asked if the Borough Engineer's memo dated August 10, 1987, was still accurate. Dave Crowe indicated that it was. COMMISSIONER ANDERSON MOVED TO GRANT preliminary approval of the vacation of a Ten -Foot -Wide Utility and Road Easement, Easterly Lot Line, Lot 20A, Block 14, Kodiak Townsite Alaska,U.S. Survey 2537B, subject to the following conditions: CONDITIONS OF APPROVAL 1. Include Lot 20B in the proposed plat and vacate the entire utility easement. 2. Vacate the access easement granted for the benefit of Lot 19 and Lot 20B by deed recorded in Book 51, Page 576, and by Easement of Ingress and Egress recorded in Book 57, Page 947, Kodiak Recording District. 3. Create a new 14-foot-wide access easement which is not subject to any building encroachment. The motion was seconded and CARRIED by unanimous roll call vote. F) CASE S-87-028. Subdivision of Lot 15B, U.S. Survey 3101; to Lots 15B-1, 15B-2, and 15B-3. (Knox N. and Lorena Christie) DAVE CROWE indicated 32 public hearing notices were mailed for this case and 1 was returned, in favor of this request. Staff recommended approval of this request noting that a memo dated August 19, 1987, delineated changes in the recommended conditions of approval. KIBS226291 Planning & Zoning Commission 8 August 19, 1987 Minutes Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. r-- COMMISSIONER HEINRICHS MOVED TO GRANT preliminary approval of the subdivision of Lot 15B, U.S. Survey 3101; to Lots 15B-1, 15B-2, and 15B-3, subject to conditions numbered 1A, 2, 3, 4, 5, 6, 7, and 8 outlined in the memorandum from the Borough Engineer dated August 10, 1987 and condition number 9 outlined in the memorandum from the Borough Engineer dated August 19, 1987. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. (A) Dedicate the proposed 30-foot road easement as right-of-way, or (B) Deleted. 2. Eliminate Lot 15B-4 (the flag stem of Lot 15B) and show this portion as Arlene Way right-of-way to coincide with the right-of-way being platted under Tons Subdivision, Case 5-84-050. 3. Remove or relocate the existing single-family residence to meet all setback requirements before filing the final plat. 4. Remove or relocate all accessory buildings shall be removed or relocated to meet all zoning regulations before filing the r— final plat. 5. Place the following note on the final plat: The front yard setbacks for Lots 15B-2 and 15B-3 shall be measured from the rear lot line of Lot 15B-1. 6. Monument actual lot corners, not easement lines. 7. Applicant to construct the water main to serve Lots 15B-1 and 15B-3. 8. Applicant to obtain easement from Lot 14B for power line down guy. 9. Place the following covenant on the final plat: At the time that right-of-way dedicated by this plat is improved as a public road or a public water system is installed, the owners of Lots 15A-1, 15A-2, and 15A-3 shall pay the proportionate share of improvement costs. VII. OLD BUSINESS A) CASE 5-87-001. Findings of Fact for the granting of an appeal of r the Borough Engineer's decision requiring that as a condition of final plat approval that Lots 1A-2 and 1A-3 be combined into one lot on the final plat for the subdivision of Lot 1-A, Block 4, Woodland Acres, U.S. Survey 1682. Deferred from the July 15, 1987 regular meeting. COMMISSIONER ANDERSON MOVED TO ADOPT the findings of fact contained in the staff memorandum dated August 11, 1987, as "Findings of Fact" for the granting of the appeal on Case 5-87-001. The motion was seconded. A discussion ensued amongst the Commissioners and Community Development Department staff concerning finding number 4. KIBS226292 Planning & Zoning Commission 9 August 19, 1987 Minutes WITH THE CONCURRENCE OF THE SECOND FINDING NUMBER FOUR (4) WAS DELETED FROM THE MOTION. The question was called and the motion CARRIED by unanimous roll call vote. FINDINGS OF FACT 1. There is a reasonable question as to whether property owners were aware of or given specific notice that adoption of the r-- Kodiak Island Borough Coastal Management Program (KIBCMP) would place restrictions on development of their property. 2. A lot just across Rezanof Drive (Lot 9, Block 6, Miller Point Alaska Subdivision First Addition) was subdivided after adoption of the KIBCMP and no similar requirement for reducing the number of lots in a hazardous area was required by the Planning and Zoning Commission. 3. There is a reasonable question as to whether this property is located in a "hazardous" area. The designation of the shoreline of Mill Bay as a high wave energy shoreline does not absolutely infer that this is also a hazardous shoreline and area. 4. Deleted. B) CASE 85-013. Planning and Zoning Commission review of the conditions of approval of an exception which authorized construction of a temporary structure to aid in a topsoil screening operation on Tract C-1, U.S. Survey 1682. (Michael Anderson) COMMISSIONER ANDERSON requested to be excused due to a conflict of interest. COMMISSIONER RENNELL excused COMMISSIONER ANDERSON. BOB PEDERSON noted that the memorandum in the packet outlined the history of this item. MIKE ANDERSON appeared before the Commission and noted that the hours of operation were originally from 7:00 a.m. to 9:00 p.m., Monday through Saturday, not Monday through Friday as noted in the memorandum. Staff reviewed the file and noted that Mr. Anderson was correct. COMMISSIONER HEINRICHS MOVED TO ACKNOWLEDGE RECEIPT OF THE STAFF REPORT WITHOUT COMMENT. The motion was seconded and CARRIED by unanimous voice vote. COMMISSIONER ANDERSON returned to the Planning and Zoning Commission. There was no further old business. VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS COMMISSIONER ANDERSON MOVED TO ACKNOWLEDGE RECEIPT of items A through D of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Memo dated July 29, 1987, from Robert H. Pederson to the Planning and Zoning Commission, re: Monitoring of the Landfill on Block 3, Tract A, Bells Flats Alaska Subdivision. B) Letter dated July 14, 1987 from Joel H. Bolger to Robert H. Pederson, re: Case S-87-001 - Jock Bevis Appeal C) Letter dated July 27, 1987, from Gaye J. Vaughan, Borough Clerk, to Joel Bolger, Borough Attorney, re: Abbreviated Plat Procedure; and response dated August 13, 1987. KIBS226293 Planning & Zoning Commission 10 August 19, 1987 Minutes D) Kodiak Island Borough/City of Kodiak Camping Work Group: August 4, 1987 meeting minutes August 11, 1987 meeting minutes August 18, 1987 meeting minutes August 25, 1987 agenda There were no further communications. X. REPORTS COMMISSIONER ANDERSON MOVED TO ACKNOWLEDGE RECEIPT of items A through B of reports. The motion was seconded and CARRIED by unanimous voice vote. A) Status Report from the Community Development Department. B) Engineering Department Approved Abbreviated Plats Report. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS COMMISSIONER THOMPSON urged the Commission to look at the land use issue only with regard to Cases 87-046 and 87-047, noting that there are two refuges already established within the Borough's boundaries. COMMISSIONER SMEDLEY congratulated Bob Pederson's passing the American Institute of Certified Planners exam. XIII. ADJOURNMENT CHAIRMAN RENNELL adjourned the meeting at 9:27 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: &LLU . Ste Rennell, Chairman ATTEST By: 1 "" " " ' "'� Patricia Miley, ecretary Community Development Department DATE APPROVED: SWpm nbop- 16, 19 8 A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT KIBS226294 Planning & Zoning Commission 11 August 19, 1987 Minutes