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1987-09-16 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - SEPTEMBER 16, 1987 7:30 p.m. ADDITIONAL AGENDA ITEMS V APPEARANCE REQUESTS AND AUDIENCE COMMENTS B) Memorandum dated September 9, 1987, from Bud Cassidy, Resource Management Officer, re: Case S-86-013 Right -of -Way Plat, U.S. Survey 162, Karluk. IX COMMUNICATIONS B) C) D) "Recent Development," an article from the September 1987 Zoning and Planning Law Report. Kodiak Island Borough/City of Kodiak Camping Work Group: August 25, 1987 September 1, 1987 September 8, 1987 September 8, 1987 Deleted. Minutes Minutes Agenda Preliminary Findings E) Copy of a letter, dated September 10, 1987, to the Alcoholic Beverage Control Board from Maryjane Rogers (with attachments), re: 2944 Cove Drive. F) Letter dated September 8, 1987, from Walter 0. Stieglitz, Regional Director, U.S. Fish and Wildlife Service (with attachment), re: Draft Cabin Management on National Wildlife Refuges in Alaska. DELETE AGENDA ITEM IX COMMUNICATIONS D) Memorandum dated September 9, 1987, from Bud Cassidy, Resource Management Officer, re: Case S-86-013 Right -of -Way Plat, U.S. Survey 162, Karluk (with two attachments). KIBS226295 Agenda Additions/Deletions - 1 - September 16, 1987 P&Z r` r— KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - SEPTEMBER 16, 1987 7:30 p.m. AGENDA 1�d:�Zi] i7a1�3 II ROLL CALL III APPROVAL OF AGENDA IV MINUTES OF PREVIOUS MEETINGS: Regular Meeting of August 19, 1987 V APPEARANCE REQUESTS AND AUDIENCE COMMENTS A) CASE S-86-027. Request for a one year extension of the Preliminary Plat Approval period: subdivision of Lot 19, U.S. Survey 3101. (St. Mary's Church) VI PUBLIC HEARINGS A) 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. (Tabled from the August 1987 regular meeting.) B) 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. (Tabled from the August 1987 regular meeting.) C) CASE 87-048. Public hearing on Plan. The new plan was developed adopted by the Kodiak City Council Near Island Comprehensive Plan and 1980. (City of Kodiak) the new Near Island Comprehensive by the Near Island Task Force and on August 27, 1987. The existing Zoning were adopted on February 1, P & Z Regular Meeting Agenda - 1 - KIBS226296 September 16, 1987 D) CASE 87-049. Request for review by the Planning and Zoning Commission under Section 2.40.030(E) of the Borough Code of a list of recommended Capital Improvements which are necessary or desirable to be constructed during the next five (5) year period (Fiscal Year 1988 through Fiscal Year 1993). E) CASE S-87-029. Subdivision of Lot 5, Block 1, Miller Point Alaska Subdivision Second Addition into Lots 5A and 5B. (Max Hurlbut) F) CASE S-87-030. Subdivision of Portions of Unsubdivided Lands within Township 28 South, Range 21 West, Seward Meridian; Township 28 South, Range 22 West, Seward Meridian; Township 29 South, Range 22 West, Seward Meridian; and Township 29 South, Range 23 West, Seward Meridian: a Portion of the Terror Lake Hydroelectric Project, Alaska State Land Survey No. 86-136. (State of Alaska Department of Natural Resources) G) CASE S-87-031. Subdivision of Lot 7, Block 1, Kodiak Townsite Alaska Subdivision into Lots 7A and 7B. (Island Properties, Inc.) H) CASE S-87-032. Vacation of Ten Foot Wide Utility Easements, Northeasterly and Southwesterly Lot Lines of the Subdivision of Lot 3,U.S. Survey 3100 (Lots 3A, 3B, 3C and 3D). (H.E. Bodi, Ralph Newcombe and Jim Kennedy) VII OLD BUSINESS VIII NEW BUSINESS IX COMMUNICATIONS A) Letter dated August 25, 1987, from Robert H. Pederson to Richard A. LeFebvre, Deputy Director of the Department of Natural Resources, r State of Alaska, re: Alaska Coastal Management Program (ACMP) Consistency Review - Transfer of State owned lands to the University of Alaska. Sections 1, 2, 11 and 12, Township 31 South, Range 22 West, Seward Meridian, Saltery Cove. r— A) Community Development Department Monthly Status Report B) Engineering Department Abbreviated Plats Report XI AUDIENCE COMMENTS XII COMMISSIONERS' COMMENTS XIII ADJOURNMENT 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. li fl1 Minutes for this meeting are available upon request, call the Community Development Department at 486-5736, extension 256. P & Z Regular Meeting Agenda - 2 - KIBS226297 September 16, 1987 I—' r— im— KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - SEPTEMBER 16, 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 September 16, 1987 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Steve Rennell, Chairman Robin Heinrichs Tom Hendel Mary Lou Knudsen D.L. Smedley Scott Thompson Commissioners Absent: Mike Anderson, Excused A quorum was established. III. APPROVAL OF AGENDA Others Present: Bob Pederson, Acting Director and Associate Planner, Community Development Department Patricia Miley, Secretary, Community Development Department Dave Crowe, Borough Engineer Others Absent: Linda Freed, Director, Community Development Department Staff reported the following additions and deletions to the agenda: ADDITIONAL AGENDA ITEMS V APPEARANCE REQUESTS AND AUDIENCE COMMENTS B) Memorandum dated September 9, 1987, from Bud Cassidy, Resource Management Officer, re: Case S-86-013 Right -of -Way Plat, U.S. Survey 162, Karluk. IX COMMUNICATIONS B) "Recent Development," an article from the September 1987 Zoning and Planning Law Report. C) Kodiak Island Borough/City of Kodiak Camping Work Group: August 25, 1987 Minutes September 1, 1987 Minutes September 8, 1987 Agenda September 8, 1987 Preliminary Findings D) Deleted. E) Copy of a letter, dated September 10, 1987, to the Alcoholic Beverage Control Board from Maryjane Rogers (with attachments), re: 2944 Cove Drive. F) Letter dated September 8, 1987, from Walter 0. Stieglitz, Regional Director, U.S. Fish and Wildlife Service (with attachment), re: Draft Cabin Management on National Wildlife Refuges in Alaska. DELETE AGENDA ITEM IX COMMUNICATIONS KIBS226298 D) Memorandum dated September 9, 1987, from Bud Cassidy, Resource Management Officer, re: Case S-86-013 Right -of -Way Plat, U.S. Survey 162, Karluk (with two attachments). Planning & Zoning Commission 1 September 16, 1987 Minutes COMMISSIONER HEINRICHS MOVED TO ACCEPT the agenda with the additions and deletion reported by staff and to move Item VI-D to follow Item VI-H. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER HEINRICHS MOVED TO ACCEPT the minutes of the August 19, 1987 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. V. APPEARANCE REQUESTS AND AUDIENCE COMMENTS A) CASE S-86-027. Request for a one year extension of the Preliminary Plat Approval period: subdivision of Lot 19, U.S. Survey 3101. (St. Mary's Church) BOB PEDERSON indicated there was no further staff comment and that the Borough Engineer recommended approval of this extension. COMMISSIONER KNUDSEN MOVED TO GRANT a one year extension, to September 17, 1988, of the Preliminary Plat Approval period: subdivision of Lot 19, U.S. Survey 3101. The motion was seconded and CARRIED by unanimous roll call vote. B) Memorandum dated September 9, 1987, from Bud Cassidy, Resource Management Officer, re: Case S-86-013 Right -of -Way Plat, U.S. Survey 162, Karluk. BOB PEDERSON indicated there was no further staff comment and that the Borough Resource Management Officer recommended approval of this extension. r COMMISSIONER HEINRICHS MOVED TO GRANT a one year extension, to September 17, 1988, of the Preliminary Plat Approval period: Case S-86-013 Right -of -Way Plat, U.S. Survey 162, Karluk. The motion was seconded and CARRIED by unanimous roll call vote. There were no further appearance requests or audience comments. VI. PUBLIC HEARINGS A) 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 r-- 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. (Tabled from the August 1987 regular meeting.) BOB PEDERSON indicated 26 public hearing notices were mailed for this case and 9 were returned, one in favor, seven opposing, and one non -committal for this request - all of the responses were in the Commissioners' packets. Correspondence from the applicant and review agencies was also included in the packet materials. Staff also reported the following information: KIBS226299 On August 19, 1987, the Planning and Zoning Commission held public hearings on the above referenced items. Following consideration of Planning & Zoning Commission 2 September 16, 1987 Minutes F_ r r written and oral testimony, the Commission tabled this case for additional public hearings at the September 16, 1987 regular meeting. The case was tabled to allow additional time for public input, staff review, increased public notice, and State of Alaska resource agency review. The Commission also directed staff to contact the resource agencies involved in reviewing this proposal for their comments. Staff contacted all review agencies. To date, preliminary comments have been received from the Alaska Department of Fish and Game (ADF&G) Kodiak Area Management Biologist, the U.S. Fish and Wildlife Service (USFWS), and, immediately before the beginning of this meeting, comments were hand delivered by Bill Donaldson, ADF&G Kodiak, from Lance L. Trasky, Regional Supervisor, Habitat Division, ADF&G Anchorage. Mr. Pederson indicated he would read these comments into the record during the public hearing if the Commission so desired. Staff has also requested two (2) week extensions for the Borough's comments on the proposed mining activities to the U.S. Army Corps of Engineers (COE) and the State of Alaska Division of Governmental Coordination (DGC). The extensions were requested to allow for incorporation of comments received at the September 16, 1987 public hearing. COE and DGC were further notified that in the event a Commission decision on this issue was appealed to the Kodiak Island Borough Assembly, a further extension would be requested. Additionally, a great deal of information and correspondence on this issue has been received since the August 19, 1987 public hearing. All items received by 5:00 p.m., September 16, 1987 are included in the "additional handouts" packet. Staff also expects that additional information and comments will continue to be submitted. On September 4, 1987, the Community Development Department received correspondence from Gary Peterson amending his mining plan and identifying first and secondary preferences. This amended plan refers to mining activities on Claim numbers 78, 79, and 80. These Claim numbers were not included in Mr. Peterson's State of Alaska Annual Placer Mining Permit Application and were not included in the Planning and Zoning Commission Agenda or Public Hearing maps and notices. Therefore, a readvertised public hearing is required to include these claims in the conditional use permit and Coastal Management Program consistency review. This hearing will be scheduled for the October 21, 1987 Planning and Zoning Commission Regular Meeting. Additionally, Paul C. Rusanowski, Ph.D., Manager of Environmental Services, Nortec, A Division of ERT, hand delivered a "Summary of Proposed Mining Operations, Tugidak Passage 1, on September 16, 1987. This material is also in the "additional handouts" packet. Color infrared photographs of Tugidak Island and a USGS quadrangle map were available for viewing on the wall and staff was prepared to show an ADF&G video tape of a recent fly —over of Tugidak Island. The ADF&G video tape of Tugidak Island was shown with Bill Donaldson, Kodiak ADF&G, narrating. BOB PEDERSON noted corrections to a letter dated September 4, 1987, from Roger Smith, Area Management Biologist, Game Division, Kodiak ADF&G, that were received on September 16, 1987. Staff recommended approval of the conditional use permit request, with seven (7) conditions. The seven conditions were extracted from three previously approved permits for mining operations of similar size on Tugidak Island. Regular Session Closed. KIBS226300 Public Hearing on the Conditional Use Permit Opened: PAUL C. RUSANOWSKI, Ph.D., Manager of Environmental Services, Nortec, A Division of ERT, representing Gary Peterson, appeared Planning & Zoning Commission 3 September 16, 1987 Minutes before the Commission and expressed support for this request. Mr. Rusanowski noted that the operation would have a maximum of 500 cubic yards per day and that the lease area of 440 square yards would be monitored for compliance, at the expense of the applicant, by Nortec and Meacham & Associates. The applicant had no problem with reasonable conditions or restrictions on the activities. DAVE HERRNSTEEN, Kodiak dungeness fisherman, appeared before the r— Commission and expressed opposition to this request noting that he was opposed to large scale beach mining on Tugidak because of the delicate nature of the land and possible adverse impacts on fisheries. Mr. Herrnsteen was also concerned about the Borough's capability in monitoring for compliance with any conditions imposed. P'- KURT BECKER, U.S. Fish and Wildlife Service, appeared before the Commission, noting that Tugidak Island is one of only two prime wintering areas for the 18,000 emperor geese in the world and that Tugidak provides bird nesting and habitat for many other bird species. RICH KASPERZAK, a 10 year resident of Moser Bay and the south side of Kodiak Island, appeared before the Commission and expressed opposition to this request. Mr. Kasperzak stated that he had lived on Tugidak Island with his family and described the history of mining activities and the residual debris, the locations of potable water, and archaeological sites. Mr. Kasperzak continued with a description of bird species and aquatic wildlife present on Tugidak during his stays along with a description of the flora present. Mr. Kasperzak stated concerns regarding the "foothold" these miners may achieve on Tugidak and what would be done to obtain potable water, how refuse would be disposed and how hunting would be monitored. COMMISSIONER HEINRICHS asked if Mr. Kasperzak had seen any salmon activity on the island. Mr. Kasperzak noted that he had seen 100 to 200 carcasses in the late fall at one stream location. PETE MIDDLETON, a pilot for Trinity Gold, appeared before the Commission and expressed support for this request. Mr. Middleton stated that only eight people would live on the island - not a significant number. TED NELSON appeared before the Commission and expressed support for this request. Mr. Nelson noted that State and local agencies have enough stipulations that must be adhered to and that Mr. Peterson had the right to see if a mining operation was a viable activity on Tugidak Island. COMMISSIONER THOMPSON inquired if Mr. Nelson had any knowledge of archaeological sites on Tugidak. Mr. Nelson stated that more than two (2) archaeological sites have been recorded. DAVE MENKE, on his own behalf, appeared before the Commission and expressed opposition to this request. Mr. Menke stated opposition to staff's conclusions for the conditional use permit criteria number 1: "that the conditional use will preserve the value, spirit, character and integrity of the surrounding area." Mr. Menke noted the valuable and critical wildlife habitat provided by the lagoon for fisheries, including dungeness and tanner crabs, birds, including emperor geese, brandt, white -fronted geese, and tundra swans. Mr. Menke stated he was opposed to any mining activities on Tugidak and suggested three (3) additional conditions of approval if this request were granted: (1) that mining activities be restricted to the period between October 1st and May 1st of each year; (2) that mining activities be limited to the seaward or east side of the lagoon with no discharge allowed into the lagoon basin; and (3) that mining activities be monitored by an onsite, independent agency and no mining activities allowed without the inspector present. Mr. Menke stated that he would appeal any approval of a request to mine on Tugidak without these conditions of approval. Planning & Zoning Commission KIBS226301 4 September 16, 1987 Minutes GUY POWELL, a veteran of 28 years with ADF&G, appeared before the Commission and expressed opposition to this request. Mr. Powell stated that he had spent July and August on Tugidak Island for at least five years. Mr. Powell stated that Tugidak Island is a public resource to be used by the people as a whole. Mr. Powell also noted that the ground was covered with bird eggs in the springtime, that midden sites in the lagoon area contained thousands of razor clam shells, and that a complete necklace of r— archaeological significance had been found on Tugidak Island and later deposited with the Baranof Museum. Mr. Powell also noted that if the vegetation was destroyed, the wind would blow the sand away. Mr. Powell was also concerned about the workers' off —time activities and concurred with Mr. Menke's comments. SANDY PHERSON appeared before the Commission and expressed opposition to the use of ATVs on Tugidak Island's tundra. THOMAS SIMMONS, owner of mining claim #50, appeared before the Commission and expressed support for this request. Mr. Simmons had just spent 9 days on Tugidak Island and described the wildlife resources he observed on Tugidak during his stay. Mr. Simmons also noted that miners were regulated by the Army Corps of Engineers, the Department of Natural Resources and the Department of Environmental Conservation according to approved mining plans. Mr. Simmons responded to a question from the Commission by stating that he had not mined on Tugidak Island in the past, that he had mined at Petersville in 1982 and 1983. JEFF ALLEN appeared before the Commission and opposition to this request. Mr. Allen noted he had submitted written comments to the Commission, that he has fished commercially since 1970 and was concerned about the lagoon habitat, stating that any mining in that region would affect the lagoon, perhaps adversely. ROY SIMMONS, of Friday Harbor, Washington, appeared before the Commission and expressed support for this request. He stated he had spent 9 days on Tugidak with his brother and that there was no practical reason to mine the lagoon. Mr. Simmons stated this was a "hi —tech" age and that progress was coming, that he did not have to win, but that he had the right to try. CHRIS PROVOST, representing the Kodiak Audubon Society, appeared before the Commission and requested the Commission deny this request. Mr. Provost stated there was not enough information available at this time to make a sound judgement and that special attention should be taken in enforcing the conditions included in the Alaska Coastal Management Program Standard 6 AAC 80.130 (Habitats). Mr. Provost also recommended onsite monitoring of all mining activities with stiff penalties applied for nonconformance. COMMISSIONER HEINRICHS asked what facts were missing to make a land use decision and what the timeline for obtaining the facts would be. Mr. Provost responded that what was missing was information as to what is present in the lagoon and what the result would be if vegetation were lost. Mr. Provost noted that information regarding a timeline for an environmental impact statement was available by contacting the writer of a letter in the file (from Brian L. Anderson, Fish and Wildlife Biologist, Fish and Wildlife Service, r- dated September 11, 1987). BOB PFUTZENREUTER appeared before the Commission and expressed opposition to this request. Mr. Pfutzenreuter stated that if there was any doubt about impacts the request ought to be tabled. Mr. Pfutzenreuter also felt that the applicant hiring the firm to monitor compliance was clearly a conflict of interest. RICHARD MACINTOSH, on his own behalf, appeared before the Commission and expressed opposition to this request. Mr. Macintosh noted that the Planning and Zoning Commission was in a "bind" here and that it was brought about by a number of factors: (1) the BS226302 frequent changes made to the application by the applicant; (2) that JU when the State and Borough agencies asked for a concrete plan Planning & Zoning Commission 5 September 16, 1987 Minutes document, a "summary" was received on September 16th leaving no time for review before the Planning and Zoning Commission meeting; and (3) the September 14, 1987, staff report noted stipulations in past placer mining cases as proposed by ADF&G for mines at the south end of Tugidak and were not appropriate for this request because the south end mines were out of the seal pupping area, that staff missed a 1981 stipulation limiting mining activities to the period between October 1 and May 1, and Peterson's request had no other accessible potable water except in a major seal pupping area. Mr. MacIntosh stated that this request is premature and should not be approved. A discussion ensued amongst the Commissioners and Community Development Department staff regarding the Alaska Coastal Management Program (ACMP) structure. Bob Pederson noted that ADF&G was one of several agencies that comment to the State of Alaska Division of Governmental Coordination (DGC) and that DGC sets the stipulations that apply to ACMP permits. Mr. Pederson noted that the Department of the Army Corps of Engineers (COE) comments to DGC include comments from the Environmental Protection Agency (EPA). The applicant will also be required to apply for a National Pollution Discharge and Elimination System (NPDES) permit and a permit from the COE. JEFF STEPHAN, Manager of the United Fishermen Marketing Association (UFMA), appeared before the Commission and expressed opposition to this request. Mr. Stephan requested that the Commission deny the conditional use permit and that his comments would cover both the conditional use permit and the consistency review (ACMP). Amongst the items noted by Mr. Stephan were: (1) there was not enough information available to justify statements made by staff nor to make a decision, especially environmental impact information; (2) not all review agency comments have been received; (3) the �'- preponderance of people are opposed; and 4 ( ) the preponderance of agency comments received are opposed due to detrimental effects on wildlife and habitat. Mr. Stephan requested the Commission contact the National Oceanic and Atmospheric Agency (NOAA), the National Marine Fisheries Service (NMFS) and the EPA requesting a finding as to the necessity of an Environmental Impact Statement and also to inquire if either NOAA and/or the EPA had jurisdiction on Tugidak and to what extent their jurisdiction encompassed Tugidak Island. BOB PEDERSON noted that the federal government review agencies would make those findings when the applicant applies to EPA or when EPA comments to the Corps of Engineers. Mr. Pederson also noted that the State consistency review process was on hold until the Kodiak Island Borough determined the conditional use permit status and the consistency review of this project with the KIBCMP prior to State determinations. JEFF STEPHAN asked if this was the "normal" procedure or if this was an in-house determination for this particular case. Mr. Pederson said it was probably an in-house determination for this particular case. BILL DONALDSON, ADF&G Kodiak, appeared before the Commission and read the "Conclusion" portion of the letter from Lance L. Trasky, Regional Supervisor, Habitat Division, ADF&G, dated September 16, r-" 1987, in to the record, as follows: "Because of these concerns and the need for more detailed mining plans, ADF&G recommends against issuance of a conditional use permit for placer mining on the Tugidak Island. Additionally, more detailed environmental base line data must be gathered so that an informed assessment may be made of the potential impacts of placer operations on the marine and freshwater fish and shellfish resources in and adjacent to the lagoon." The local ADF&G office wants to provide additional shellfish information. GARY PETERSON, applicant, appeared before the Commission and KIBS226303 expressed support for this request. Mr. Peterson stated that he had lived on Tugidak for one month, that he did not intend to work any areas west of the tidal basin, that he did not intend to go up Planning & Zoning Commission 6 September 16, 1987 Minutes on to the tundra, there would be no work in the lagoon, no shooting, and that nothing would be harmed by the equipment associated with his placer mining operation. Mr. Peterson stated that it took about one year to work a full size claim of 40 acres and that he believes the operation will have no adverse impact on Tugidak's habitat resources. Mr. Peterson felt that his activities will create no more disturbance than the winds, tides, and storms seen on Tugidak. Only a narrow intertidal area of claims will be r actually worked, less than one—half of a forty acre claim. CHAIRMAN RENNELL requested Mr. Peterson's view of a stipulation limiting activity to the period from October 1 through May 1 each year. Mr. Peterson responded that there was no need to work in a limited timeframe as no floating dredge would be used. A discussion ensued amongst Commissioner Knudsen and Mr. Peterson about the location of the mining operation and the location of the mining camp. Public Hearing on the Conditional Use Permit Closed. Regular Session Opened. COMMISSIONER HEINRICHS noted that he was dismayed to see that the "Summary of Proposed Mining Operations," prepared by Nortec was date stamped "received September 16, 1987, Community Development Department" for consideration at this meeting. Commissioner Heinrichs noted that this was the third amendment to the original request and that a public hearing on three claims previously not noted by the applicant nor advertised by staff had to be scheduled for a public hearing at the October 1987 Planning and Zoning Commission regular meeting, therefore tabling this request would not affect the applicant's overall timetable. r COMMISSIONER HEINRICHS MOVED TO TABLE this case and this particular plan for another public hearing at the October 1987 Planning and Zoning Commission regular meeting. The motion was seconded and CARRIED by unanimous roll call vote. A discussion ensued amongst the Commissioners and Community Development Department staff clarifying the intent of the above motion. It was noted that "this particular plan" referred to the "Summary of Proposed Mining Operations" prepared by Nortec, date stamped "received September 16, 1987, Community Development Department" and that the motion includes Claims numbered 72 and 73, as specified in the applicant's amended and revised mining plan, Claims numbered 58 through 71 and 74 through 75 and the newly requested conditional use permit approval for Claims numbered 78, 79 and 80. Regular Session Closed. Public Hearing on the Coastal Management Program Opened: RICHARD MACINTOSH appeared before the Commission and requested that his comments regarding the conditional use permit be applied to this public hearing also. Public Hearing on the Coastal Management Program Closed. Regular Session Opened. r COMMISSIONER HEINRICHS noted that he did not want to see any more amendments to the request for a conditional use permit. COMMISSIONER HEINRICHS MOVED TO TABLE the KIBCMP portion of this case for another public hearing at the October 1987 Planning and Zoning Commission regular meeting. The motion was seconded and CARRIED by unanimous roll call vote. KIBS226304 Planning & Zoning Commission 7 September 16, 1987 Minutes B) 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. (Tabled from the August 1987 regular meeting.) BOB PEDERSON noted that shortly after noon, September 16, 1987, he received a hand delivered letter from John H. Preston addressed to DNR Division of Mining withdrawing this request for Tugidak Island and that Mr. Preston stated he would be filing new applications with DNR and the Kodiak Island Borough for permits to mine on Sitkinak Island. Regular Session Closed. Public Hearing on the Conditional Use Permit Opened: Seeing and hearing none. Public Hearing on the Conditional Use Permit Closed. Regular Session Closed. Public Hearing on the Coastal Management Program Opened: Seeing and hearing none. Public Hearing on the Coastal Management Program Closed: Regular Session Opened. No action was taken on this request, therefore, the request died. CHAIRMAN RENNELL recessed the meeting until 11:00 p.m. CHAIRMAN RENNELL reconvened the meeting at 11:00 p.m. COMMISSIONER HEINRICHS MOVED TO The motion was seconded and CARE BEYOND 11:00 P.M. voice vote. C) CASE 87-048. Public hearing on the new Near Island Comprehensive Plan. The new plan was developed by the Near Island Task Force and adopted by the Kodiak City Council on August 27, 1987. The existing Near Island Comprehensive Plan and Zoning were adopted on February 1, 1980. (City of Kodiak) BOB PEDERSON indicated 7 public hearing notices were mailed for 0-- this case and none were returned. Mr. Pederson noted that he served on the Near Island Task Force and that the Assistant Zoning Officer had prepared the staff report but was unable to attend the meeting due to illness. Mr. Pederson also noted that no extensive review of the plan was done by Borough staff as six public hearings on the proposed comprehensive plan were held prior to submittal of the plan to the Borough. Staff recommended approval of this request. CHAIRMAN RENNELL stated that topsoil was a valuable resource and that the plan would keep the integrity of Near Island intact. Chairman Rennell also stated that he thought Near Island was a good place for the establishment of a campground as long as it was 1cIBS226305 surrounded by a buffer zone and well policed by the City of Kodiak. Commission Knudsen endorsed Chairman Rennell's comments. Planning & Zoning Commission 8 September 16, 1987 Minutes Regular Session Closed. Public Hearing Opened: PATRICK HOLMES, 1112 Mission Road, appeared before the Commission and expressed support for this request. Mr. Holmes stated that he felt a transient campground should be located at the Lower Reservoir where sewer stubouts were already in place, that parks and transient camping were two different matters, and that topsoil r" should be kept for the benefit of the public. r — RON DOUBT appeared before the Commission and expressed support for this request. Mr. Doubt requested that the Planning and Zoning Commission refer to the comprehensive plan when making land use decisions concerning Near Island. Mr. Doubt noted that he served on the Near Island Task Force and that it was the committee's opinion that camping should not occur on Near Island. TIM HILL appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS asked where the borrow site was located. Mr. Pederson responded that it was located on the right hand side going to the boat harbor and was proposed for commercial development. COMMISSIONER HEINRICHS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly adopt the Near Island Development Plan as presented as the new Near Island Comprehensive Plan by adopting the attached, proposed ordinance. The motion was seconded and CARRIED by unanimous roll call vote. KODIAK ISLAND BOROUGH ORDINANCE NO. 87- -0 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING CHAPTER 17.02, COMPREHENSIVE PLAN, OF THE BOROUGH CODE, REPEALING THE NEAR ISLAND COMPREHENSIVE DEVELOPMENT PLAN DATED FEBRUARY 1, 1980 AND INCORPORATING THE NEAR ISLAND COMPREHENSIVE PLAN DATED AUGUST 27, 1987. WHEREAS, the Kodiak Island Borough has responsibility for land use planning throughout the Borough; and WHEREAS, the City of Kodiak as land owner prepared the plan through a public process by appointing the Near Island Task Force, charging them with the responsibility of writing a development plan for Near Island; and WHEREAS, after extensive public participation including six public hearings, the Near Island Task Force presented the final development plan for Near Island to the Kodiak City Council; and WHEREAS, the Kodiak City Council, on August 27, 1987, formally adopted the Near Island Development Plan and authorized its submittal to the Kodiak Island Borough Planning and Zoning Commission; and WHEREAS, the Kodiak Island Borough Planning and Zoning r Commission held a formal public hearing on September 16, 1987, and the Commission has recommended adoption of the plan by the Assembly. NOW, THEREFORE, BE IT ORDAINED by the Kodiak Island Borough Assembly that: Section 1: This ordinance is of a general and permanent nature and shall become a part of the code of ordinances of the Kodiak Island Borough. Section 2: The document entitled Near Island Development Plan, August 27, 1987, is hereby adopted as the Near Island Comprehensive Plan and incorporated into the Kodiak Island Borough Comprehensive Plan. Section 3: That Chapter 17.02, Comprehensive Plan of the KIBS226306 Borough Code, is hereby repealed and replaced as follows: 17.02.030 Comprehensive Plan. For the purpose of this Title Planning & Zoning Commission 9 September 16, 1987 Minutes the Kodiak Island Borough Comprehensive following adopted documents: D. Near Island Comprehensive Plan. Island Task Force, City of Kodiak, and the dated August 27, 1987. Section 3: This ordinance shall be in upon passage and adoption. r— D) (Moved to follow Item VI-H.) r— i E) Plan consists of the Prepared by the Near Kodiak Island Borough, full force and effect CASE S-87-029. Subdivision of Lot 5, Block 1, Miller Point Alaska Subdivision Second Addition into Lots 5A and 5B. (Max Hurlbut) DAVE CROWE indicated 25 public hearing notices were mailed for this case and none were returned. Staff recommended preliminary approval of this request, subject to several conditions. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO GRANT preliminary approval of the subdivision of Lot 5, Block 1, Miller Point Alaska Subdivision Second Addition into Lots 5A and 5B, subject to the conditions outlined in the memorandum from the Borough Engineer dated September 8, 1987. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. Correct the distances shown for the boundary between Lots 5A and 6C to agree with Plat No. 87-10, the Subdivision of Lot 6, Block 1, Miller Point Alaska Subdivision, Section Addition. 2. Show radial bearings for the corners between Lots 4 and 5B, and Lots 5A and 6C. 3. Correct bearings and distances as necessary to obtain required accuracy of closure. 4. Provide a driveway easement for Lot 5A across the corner of Lot 5B. 5. Remove or relocate the shop building to a lot having a main dwelling in accordance with Title 17 of the Borough Code. 6. Remove or relocate the greenhouse building to a lot having a main dwelling in accordance with Title 17 of the Borough Code. F) CASE S-87-030. Subdivision of Portions of Unsubdivided Lands within Township 28 South, Range 21 West, Seward Meridian; Township 28 South, Range 22 West, Seward Meridian; Township 29 South, Range 22 West, Seward Meridian; and Township 29 South, Range 23 West, Seward Meridian: a Portion of the Terror Lake Hydroelectric Project, Alaska State Land Survey No. 86-136. (State of Alaska Department of Natural Resources) DAVE CROWE indicated 5 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: KIBS226307 TOM ARMINSKI, Alaska Power Authority, appeared before the Commission and expressed support for this request. Mr. Arminski requested that the Commission make the following changes to the "conditions of approval:" Planning & Zoning Commission 10 September 16, 1987 Minutes r- r r G) 2. Include all transmission line easements across Kodiak Island Borough owned land - the ownership of which cannot be identified from the Vicinity Map, sheet 1 of 5. 4. Delete. A discussion ensued amongst the Commissioners, Mr. Arminski and Engineering Department staff concerning changes to the conditions of approval. ALLEN TALCOTT, DNR, appeared before the Commission and expressed support for this request. Mr. Talcott stated agreement with Mr. Arminski's proposed changes to the "conditions of approval." Public Hearing Closed. Regular Session Opened. A discussion ensued amongst the Commissioners, Engineering Department staff and Mr. Arminski concerning the conditions of approval. DAVE CROWE noted that the U.S. Coast Guard (USCG) had requested that any reference to their land be deleted. COMMISSIONER KNUDSEN MOVED TO GRANT Preliminary Approval to the subdivision of Portions of Unsubdivided Lands within Township 28 South, Range 21 West, Seward Meridian; Township 28 South, Range 22 West, Seward Meridian; Township 29 South, Range 22 West, Seward Meridian; and Township 29 South, Range 23 West, Seward Meridian: a Portion of the Terror Lake Hydroelectric Project, Alaska State Land Survey No. 86-136, subject to the conditions outlined in the memorandum from the Borough Engineer dated September 9, 1987, deleting the reference to the USCG from condition numbered two. The motion was seconded and CARRIED by majority roll call vote. Commissioner Heinrichs voted "no." CONDITIONS OF APPROVAL 1. Redesign Tract G to include all or none of the power house, in conformance with Title 17 of the Borough Code. 2. Include all transmission line easements across Kodiak Island Borough owned land, Afognak Native Corporation land, Ouzinkie Native Corporation land, and any parcels within the Port Lions city limits - the ownership of which cannot be identified from the Vicinity Map, sheet 1 of 5. 3. Include the Borough owned property necessary for the powerhouse area and other areas necessary for the maintenance and operation of the hydro project. 4. Include the easement for the access road from Kizhuyak Bay to Terror Lake where it lies outside the tracts shown on this application. CASE S-87-031. Subdivision of Lot 7, Block 1, Kodiak Townsite Alaska Subdivision into Lots 7A and 7B. (Island Properties, Inc.) DAVE CROWE indicated 51 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request, subject to several conditions. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. KIBS226308 COMMISSIONER KNUDSEN MOVED TO GRANT Preliminary Approval of the subdivision of Lot 7, Block 1, Kodiak Townsite Alaska Subdivision Planning & Zoning Commission 11 September 16, 1987 Minutes r.._ r- into Lots 7A and 7B, subject to the conditions outlined in the memorandum from the Borough Engineer dated September 9, 1987. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. Remove the building on Lot 7A prior to filing the final plat. 2. Correct the encroachment on Lot 7B by one of the following: a) Remove the garage encroachment onto Lot 7B prior to filing of the final plat. b) Include Lot 9, Block 33, East Addition in the final plat, and include the area of the encroachment together with the required minimum setback as a part of Lot 9, Block 33, East Addition. The attached sketch shows a slightly different layout of the proposed parcel to be added to Lot 9, Block 33, East Addition, from that proposed by the Community Development Department staff. The proposed boundaries on this sketch are at right angles to and parallel to the boundary between Lot 7B and Lot 9, rather than parallel to the building, and results in a taking of approximately thirteen (13) more square feet. 3. Provide a combined drainage and utility easement along the easterly boundary of Lot 7B which extends five feet to the southwest side of the culvert. Include the portion to be added to Lot 9 which is outside the building. This will result in a varying width easement approximately twenty-five (25) feet wide at Mission Road and twenty-one (21) feet wide at the rear of Lot 7B. Two easements would occupy the same area, but would overlap as shown by the shaded area of the attached sketch. 4. Provide utility easements for the poles, guy anchors, and overhead lines across the rear of Lots 7A and 7B. 5. Provide written assurance from Telephone Utilities of the Northland, Inc., and Cablevision, Inc., that their overhead facilities will be relocated underground within the Mission Road right-of-way, or provide the necessary easements. H) CASE S-87-032. Vacation of Ten Foot Wide Utility Easements, Northeasterly and Southwesterly Lot Lines of the Subdivision of Lot 3,U.S. Survey 3100 (Lots 3A, 3B, 3C and 3D). (H.E. Bodi, Ralph Newcombe and Jim Kennedy) DAVE CROWE indicated 47 public hearing notices were mailed for this case and 2 were returned, stating non -objection to this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. KIBS226309 COMMISSIONER HEINRICHS MOVED TO GRANT approval of the Vacation of Ten Foot Wide Utility Easements, along the Northeasterly and Southwesterly Boundaries of the Subdivision of Lot 3, U.S. Survey 3100 - Lots 3A, 3B, 3C and 3D. The motion was seconded. DAVE CROWE asked if Commissioner Heinrichs said Southeasterly instead of Southwesterly. Commissioner Heinrichs said he said Southwesterly. Planning & Zoning Commission 12 September 16, 1987 Minutes A discussion ensued Heinrichs, with the a addition to the motic of a final plat denim amongst the roval of the subject to ie the nronos Commissioners. second. accente easement The question was called and the MAIN MOTION CARRIED by unanimous roll call vote. D) CASE 87-049. Request for review by the Planning and Zoning Commission under Section 2.40.030(E) of the Borough Code of a list of recommended Capital Improvements which are necessary or desirable to be constructed during the next five (5) year period (Fiscal Year 1988 through Fiscal Year 1993). BOB PEDERSON indicated that this case was advertised in the Kodiak Daily Mirror and that a special worksession was held on Tuesday, September 15, 1987, for review of the projects. No public comments were received on this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. A discussion ensued amongst the Commissioners concerning the Planning and Zoning Commission's top ten capital improvements projects. Subsequent to Commission discussion and the determination to present a list of priorities that reflected the Commission's land use and development perspective, Commissioner Heinrichs made the following motion: COMMISSIONER HEINRICHS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly consider the incorporation of these prioritized projects into the Borough's adopted Capital Improvement Program: 1. Water System Filtration Plant A&E $ 450,000 2. Sewage Treatment Plant upgrade $ 2,200,000 3. KIB Solid Waste Disposal Site $ 1,500,000 4. St. Herman Bay Permanent Breakwater $ 2,000,000 (Federal matched) 5. Mill Bay Road Reconstruction A&E Benny Benson to Y $ 2,600,000 6. Visitors Campground $ 100,000 7. Service District Ill Water and Sewer Projects $ 2,920,000 8. Cape Chiniak Road Erosion Control/Relocation $ 350,000 9. Pillar Creek Hatchery (Kodiak Sockeye Hatchery) $ 250,000 10. Hospital Construction $14,000,000 The motion was seconded. COMMISSIONER THOMPSON MOVED TO AMEND THE MAIN MOTION by moving number ten "Hospital Construction" to number two and renumbering the remainder of the list. The AMENDMENT was seconded and CARRIED by unanimous roll call vote. 1. Water System Filtration Plant A&E 2. Hospital Construction 3. Sewage Treatment Plant upgrade 4. KIB Solid Waste Disposal Site 5. St. Herman Bay Permanent Breakwater (Federal matched) 6. Mill Bay Road Reconstruction A&E Benny Benson to Y 7. Visitors Campground 8. Service District Ill Water and Sewer Projects 9. Cape Chiniak Road Erosion Control/Relocation 10. Pillar Creek Hatchery (Kodiak Sockeye Hatchery) $ 450,000 $14,000,000 $ 2,200,000 $ 1,500,000 $ 2,000,000 $ 2,600,000 $ 100,000 $ 2,920,000 $ 350,000 $ 250,000 Planning & Zoning Commission KIBS226310 13 September 16, 1987 Minutes Fm- r'— COMMISSIONER HENDEL MOVED TO AMEND THE MAIN MOTION by moving number two 'Hospital Construction' to number five and renumbering the remainder of the list. The AMENDMENT was seconded and CARRIED by unanimous roll call vote. 1. Water System Filtration Plant A&E 2. Sewage Treatment Plant upgrade 3. KIB Solid Waste Disposal Site 4. St. Herman Bay Permanent Breakwater (Federal matched) 5. Hospital Construction 6. Mill Bay Road Reconstruction A&E Benny Benson to Y 7. Visitors Campground 8. Service District #1 Water and Sewer Projects 9. Cape Chiniak Road Erosion Control/Relocation 10. Pillar Creek Hatchery (Kodiak Sockeye Hatchery) $ 450,000 $ 2,200,000 $ 1,500,000 $ 2,000,000 $14,000,000 $ 2,600,000 $ 100,000 $ 2,920,000 $ 350,000 $ 250,000 COMMISSIONER HENDEL MOVED TO AMEND THE MAIN MOTION by renaming number four to read "Waterfront Development" with subparts (a) St. Herman Bay Permanent Breakwater (Federal matched), $ 2,000,000; and (b) Pillar Mountain/Piers II and III A&E, $ 2,600,000. The AMENDMENT was seconded and CARRIED by unanimous roll call vote. The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. CAPITAL IMPROVEMENTS PROJECTS LIST 1. Water System Filtration Plant A&E $ 450,000 2. Sewage Treatment Plant upgrade $ 2,200,000 3. KIB Solid Waste Disposal Site $ 1,500,000 4. Waterfront Development: a. St. Herman Bay Permanent Breakwater $ 2,000,000 (Federal matched) b. Pillar Mountain/Piers II and III A&E $ 2,600,000 5. Hospital Construction $14,000,000 6. Mill Bay Road Reconstruction A&E Benny Benson to Y $ 2,600,000 7. Visitors Campground $ 100,000 8. Service District #1 Water and Sewer Projects $ 2,920,000 9. Cape Chiniak Road Erosion Control/Relocation $ 350,000 10. Pillar Creek Hatchery (Kodiak Sockeye Hatchery) $ 250,000 VII. OLD BUSINESS There was no old business. VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS KIBS226311 COMMISSIONER THOMPSON MOVED TO ACKNOWLEDGE RECEIPT of items A through F of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Letter dated August 25, 1987, from Robert H. Pederson to Richard A. LeFebvre, Deputy Director of the Department of Natural Resources, State of Alaska, re: Alaska Coastal Management Program (ACMP) Planning & Zoning Commission 14 September 16, 1987 Minutes Consistency Review - Transfer of State owned lands to the University of Alaska. Sections 1, 2, 11 and 12, Township 31 South, Range 22 West, Seward Meridian, Saltery Cove. B) "Recent Development," an article from the September 1987 Zoning and Planning Law Report. C) Kodiak Island Borough/City of Kodiak Camping Work Group: August 25, 1987 Minutes September 1, 1987 Minutes September 8, 1987 Agenda September 8, 1987 Preliminary Findings D) Deleted. E) Copy of a letter, dated September 10, 1987, to the Alcoholic Beverage Control Board from Maryjane Rogers (with attachments), re: 2944 Cove Drive. F) Letter dated September 8, 1987, from Walter 0. Stieglitz, Regional Director, U.S. Fish and Wildlife Service (with attachment), re: Draft Cabin Management on National Wildlife Refuges in Alaska. X. REPORTS COMMISSIONER THOMPSON MOVED TO ACKNOWLEDGE RECEIPT of items A and 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 XIII. ADJOURNMENT CHAIRMAN RENNELL adjourned the meeting at 12:35 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: eve Renne , Chairman ATTEST r By: icogti �L r - Patricia Miley, Jeretary Community Develnt Department DATE APPROVED: OC T-V P,6 Y1. 211 1 ?- A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT KIBS226312 Planning & Zoning Commission 15 September 16, 1987 Minutes