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1987-10-21 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - OCTOBER 21, 1987 7:30 p.m. AGENDA r- I CALL TO ORDER II ROLL CALL III APPROVAL OF AGENDA IV MINUTES OF PREVIOUS MEETINGS: Regular Meeting of September 16, 1987 V APPEARANCE REQUESTS AND AUDIENCE COMMENTS A) CASE 84-096. Request for a two (2) year extension for complying with the conditions of approval of a previously approved variance that permitted an accessory building (a barn) to be constructed on a lot without a main dwelling. The applicant requests the extension for the condition that specified "that, if within three (3) years, the main residence has not been built that the barn be removed." Located on a Portion of U.S. Survey 1822, known as Spruce Haven. (Donald and Barbara Zimmerman) B) Request for Planning and Zoning Commission review and findings pursuant to Section 17.57.030 (Off -Street Parking --Location) of the Borough Code to (1) find that it is impractical to locate four (4) of the required and existing off-street parking spaces on Lot 12A, r Thorsheim Subdivision due to a change in loading berth location resulting from a change in the size of shipping vans; and (2) to permit the four (4) required off-street parking spaces to locate across the street in a B--Business Zoning District on Lot 7, Thorsheim Subdivision. Located at 209 and 210 Thorsheim Street. (McDonald's of Kodiak) 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 Portions of Sections 25 and 36, Township 41 South, Range 34 West, Seward Meridian and Portions of Sections 16 and 17, Township 42 South, Range 33 West, Seward Meridian (approximately 200 acres within Trust Claims Numbered 72, 73, 78, 79, and 80) on Tugidak Island. The resource extraction activities will consist of a primary mining location on Trust Claims Numbered 78, 79, and 80 and a secondary mining location on Trust Claims Numbered 72 and 73. Intertidal beach sands will be extracted to a depth of six to twelve (6 to 12) feet by a sand pump or tractor mounted bucket. The extracted materials will be processed using grizzly bars and screens, vibrating jigs, and magnetic separation. Processed materials will then be returned to the approximate point of origin. This activity r will take place between each low and high tide period with maximum processing of five hundred (500) cubic yards per day. The extraction activity will be supported by processing equipment, a base camp, and fuel and water supplies associated with placer mining. Primary and secondary camp locations are indicated on the public hearing notice maps (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 and September 1987 regular meetings.) KIBS226315 P & Z Regular Meeting - 1 - October 21, 1987 Agenda B) CASE 87-050. 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 a Portion of Section 27, Township 41 South, Range 33 West, Seward Meridian (approximately 40 acres within Trust Claim Number 50) on Tugidak Island. The resource extraction activities will consist of extracting sands above the mean high tide mark using a tractor and backhoe, and processing the /— extracted materials using a pulsating jig. Processed materials will be returned to the approximate point of origin. Maximum production will not exceed six hundred (600) cubic yards per day. The extraction activity will be supported by processing equipment, a base camp, and fuel and water supplies associated with placer mining (Thomas Simmons/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. C) CASE 87-051. Request for an exception from Section 17.19.020 (Permitted Uses) of the Borough Code to utilize a lot in the R2--Two-Family Residential Zoning District for fenced and screened outdoor storage for use by the property owners in the same block. Lot 8, Block 1, Lakeside Subdivision 1st Addition; 2388 Beaver Lake Loop Road. (Kodiak Island Housing Authority) D) CASE 87-052. Request for a variance from Section 17.54.010(A) (Height -Extension onto Public Property) of the Borough Code to permit a six (6) foot fence with a solid vertical surface to locate in the front yard along the left side property line of Lot 5, Block 52, East r Addition; 1614 Simeonoff Street. (Robert and Brenda Williams) E) CASE 87-053. Request for a variance from Section 17.36.060(A) (Nonconforming Uses of Land) of the Borough Code to permit a nonconforming land use in a Rl--Single-Family Residential Zoning District (two single-family dwelling units on one nonconforming lot of record) to be expanded in order to construct a seven by fifteen (7 x 15) foot arctic entry and addition onto one of the single-family residences. Lots 19 and 20, Block 2, Island Lake Subdivision; 3208 Kittiwake Street and 3226 Arctic Tern. (Dale Flores) F) CASE 87-054. Request for a variance from Section 17.17.050 (Yards) of the Borough Code to permit a one thousand eighty-four (1,084) square foot addition to an existing single-family residence to encroach seven and one half (7.5) feet into the required fifteen (15) foot side yard setback in a RR1--Rural Residential One Zoning District. Lot 14C-1, Block 7, Bells Flats Alaska Subdivision; 141 Alder Way. (Chandler Fisheries) G) CASE 87-055. Request for review by the Planning and Zoning Commission of a disposal of 0.73 acres of Borough owned land to the original owner through a vacation and replat in accordance with Section 18.20.030 (Review by Planning Commission --Assembly Approval) of the Borough Code. This property is presently designated as a public r ' moorage for the public in general and the owners of Lots 1 through 3A, 4A, 4B, and 5 through 13, Block 2, Tract D, U.S. Survey 1672 Amended, specifically. The proposed disposal will allow the lot to be sold to an adjoining property owner. An additional fifteen (15) foot access easement will be retained by the Kodiak Island Borough. Lot 9, Block 2, Tract D, U.S. Survey 1672 Amended. (Kodiak Island Borough/Okey Chandler) H) CASE 5-87-033. Vacation of Lot 4, Block 8, Old Harbor Townsite (Plat 78-6) and Tract J, Old Harbor Townsite (Plat 84-53); and subdivision of an Unsubdivided Portion of Tract E, Old Harbor Townsite, U.S. Survey 4793 and replat to Lots 4A and 5, Block 8, and Tract J-1, Old Harbor Townsite, U.S. Survey 4793. (Emil Christiansen, Jack Christiansen, City of Old Harbor) KIBS226316 P & Z Regular Meeting - 2 - October 21, 1987 Agenda I) CASE S-87-034. Subdivision of Lot 6A, Block 5, Miller Point Alaska Subdivision to Lots 6A-1 and 6A-2. (Dana and Jeanette Campbell) J) CASE S-87-035. Vacation of Lots 13 and 15, Block 2, Lakeside Subdivision (Plat 86-35) and replat to Lot 15A. (International Seafoods of Alaska, Inc.) VII OLD BUSINESS j VIII NEW BUSINESS r- IX COMMUNICATIONS A) Letter from Patty Bielawski, Project Coordinator - State of Alaska Division of Governmental Coordination, dated September 18, 1987, to John Preston, re: Withdrawal of Tri-agency Placer Mining Application No. A-873283, SID No. AK870722-14A. B) Letter from Jerome M. Selby, dated October 1, 1987, to Gary Gustafson, Chief - Division of Land & Water Management, Department of Natural Resources, re: Alaska Coastal Management Program Consistency Review. Transfer of State owned lands to the University of Alaska. Saltery Cove. X REPORTS 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. Minutes for this meeting are available upon request, call the Community Development Department at 486-5736, extension 256. KIBS226317 P & Z Regular Meeting - 3 - October 21, 1987 Agenda KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - OCTOBER 21, 1987 7:30 p.m. AGENDA ADDITIONS IX COMMUNICATIONS C) Letter dated October 19, 1987 (with enclosures) to David Hoffman, Commissioner, Alaska Department of Community and Regional Affairs, from Robert H. Pederson, re: 1987 Kodiak Island Borough Population Update. AGENDA DELETIONS Ka"TaSi]: -0 B) Engineering Department Abbreviated Plats Report - Suspended until further notice. KIBS226314 P & Z Regular Meeting - 1 - October 21, 1987 Agenda Additions and Deletions r KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - OCTOBER 21, 1987 I. CALL TO ORDER The Regular Meeting of the Planning and Zoning Commission was called to order at 7:33 p.m. by Chairman Steve Rennell on October 21, 1987 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Steve Rennell, Chairman Mike Anderson Robin Heinrichs Tom Hendel Mary Lou Knudsen Scott Thompson Commissioners Absent: D.L. Smedley, 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: AGENDA ADDITIONS VIII NEW BUSINESS A) Rescheduling of November's Packet Review Worksession due to Veteran's Day Holiday. IX COMMUNICATIONS C) Letter dated October 19, 1987 (with enclosures) to David Hoffman, Commissioner, Alaska Department of Community and Regional Affairs, from Robert H. Pederson, re: 1987 Kodiak Island Borough Population Update. AGENDA DELETIONS X REPORTS B) Engineering Department Abbreviated Plats Report - Suspended until further notice. COMMISSIONER THOMPSON MOVED TO ACCEPT the agenda with the additions and deletions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER HEINRICHS MOVED TO ACCEPT the minutes of the September 16, 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 KIBS226318 A) CASE 84-096. Request for a two (2) year extension for complying with the conditions of approval of a previously approved variance that permitted an accessory building (a barn) to be constructed on a lot without a main dwelling. The applicant requests the extension for the condition that specified "that, if within three (3) years, the main residence has not been built that the barn be Planning & Zoning Commission 1 October 21, 1987 Minutes removed." Located on a Portion of U.S. Survey 1822, known as Spruce Haven. (Donald and Barbara Zimmerman) BOB PEDERSON noted two (2) letters of opposition from adjacent property owners were included in the packet materials. COMMISSIONER ANDERSON MOVED TO GRANT a request for a two (2) year extension for complying with the condition of approval for a 1" previously approved variance (Case 84-096) that permitted construction of an accessory building on a RR1--Rural Residential One zoned lot without a main dwelling. Located on a Portion of U.S. Survey 1822, known as Spruce Haven. The single-family residence must be completed and a certificate of occupancy issued by August 15, 1989 or the barn (accessory building) will be removed. The motion was seconded and CARRIED by majority roll call vote. Commissioner Rennell voted "no." B) Request for Planning and Zoning Commission review and findings pursuant to Section 17.57.030 (Off -Street Parking --Location) of the Borough Code to (1) find that it is impractical to locate four (4) of the required and existing off-street parking spaces on Lot 12A, Thorsheim Subdivision due to a change in loading berth location resulting from a change in the size of shipping vans; and (2) to permit the four (4) required off-street parking spaces to locate across the street in a B--Business Zoning District on Lot 7, Thorsheim Subdivision. Located at 209 and 210 Thorsheim Street. (McDonald's of Kodiak) BOB PEDERSON reported there was no additional information for this item. COMMISSIONER KNUDSEN MOVED TO ADOPT the findings contained in the staff report dated October 7, 1987, pursuant to Section 17.57.030 r of the Borough Code and to permit four (4) of the required thirty-one (31) off-street parking spaces for the McDonald's restaurant located on Lot 12A, Thorsheim Subdivision to be located on Lot 7, Thorsheim Subdivision, subject to the condition of approval contained in the staff report dated October 7, 1987. The motion was seconded and CARRIED by unanimous roll call vote. CONDITION OF APPROVAL 1. Should the four (4) required off-street parking spaces on Lot 7, Thorsheim Subdivision not be available in the future, the applicant shall provide four (4) alternative off-street parking spaces. The location of the alternative spaces must be approved by the Planning and Zoning Commission. FINDING OF FACT 1. The Planning and Zoning Commission finds that it is impractical to locate four (4) of the required off-street parking spaces for the McDonald's restaurant located on Lot 12A, Thorsheim Subdivision due to a necessary redesign of the loading berth. The four (4) required off-street parking spaces are permitted to locate on Lot 7, Thorsheim Subdivision, subject to the condition of approval contained in r the staff report dated October 7, 1987. There were no further appearance requests or audience comments. VI. PUBLIC HEARINGS KIBS226319 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 Portions of Sections 25 and 36, Township 41 South, Range 34 West, Seward Meridian and Portions of Sections 16 and 17, Township 42 South, Range 33 West, Seward Meridian (approximately 200 acres within Trust Claims Numbered 72, 73, 78, 79, and 80) on Tugidak Island. The resource extraction activities will consist of a primary mining location on Trust Planning & Zoning Commission 2 October 21, 1987 Minutes r- r Claims Numbered 78, 79, and 80 and a secondary mining location on Trust Claims Numbered 72 and 73. Intertidal beach sands will be extracted to a depth of six to twelve (6 to 12) feet by a sand pump or tractor mounted bucket. The extracted materials will be processed using grizzly bars and screens, vibrating jigs, and magnetic separation. Processed materials will then be returned to the approximate point of origin. This activity will take place between each low and high tide period with maximum processing of five hundred (500) cubic yards per day. The extraction activity will be supported by processing equipment, a base camp, and fuel and water supplies associated with placer mining. Primary and secondary camp locations are indicated on the public hearing notice maps (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 and September 1987 regular meetings.) BOB PEDERSON indicated 23 public hearing notices were mailed for this case on October 1, 1987, and that all responses were included in the packet materials; that this case is before the Planning and Zoning Commission for a third public hearing; that the case was tabled at the August 19 and September 16, 1987 regular meetings. The case was tabled in August to allow staff, Commissioners, and state and federal agencies having jurisdiction additional time to review and comment on the proposed activities. The case was tabled in September primarily because of changes in the mining operations plans, timeliness of comments from ADF&G, and the fact that three (3) claims (numbered 78, 79, and 80) could not be addressed until the October meeting. Staff has prepared revised conditional use permit and Kodiak Island Borough Coastal Management Program (KIBCMP) consistency findings for this case, which are included in staff reports dated October 13 and October 20, 1987. On October 15, 1987, the Division of Governmental Coordination (DGC) held a meeting with the applicant, his representatives, and all state and federal agencies having involvement in the proposed placer mining activities. Staff participated by telephone. The purpose of this meeting was to discuss the placer mining application, identify information gaps, and identify any concerns of the review agencies. Mr. Paul Rusanowski informed the group of an update to the "Summary of Proposed Mining Operations" submitted by the applicant on September 16, 1987. The update is for the secondary location of mining activities, specifically Claims Numbered 72 and 73. These claims have been closed by the Alaska Department of Natural Resources (DNR) for technical reasons. The applicant has therefore shifted the secondary area of operations to Claims Numbered 69 and 70. These claims are located one -quarter (1/4) mile to the east from Claims Numbered 72 and 73. A map is attached. The balance of the "Summary of Proposed Mining Operations" remains unchanged. This last minute change in the location of the secondary mining activities raises a procedural question about adequate public notice because Claims Numbered 69 and 70 were not included in the public hearing notice (PHN) maps and notices for the October 21, 1987 Planning and Zoning Commission public hearing. Following discussion of this point, staff concluded that a notice problem did not exist for the following reasons: 1. Claims Numbered 69 and 70 were included in the August 19, 1987 PHN maps and notices. 2. Claims Numbered 69 and 70 were included in the September 16, 1987 PHN maps and notices. Planning & Zoning Commission KIBS226320 3 October 21, 1987 Minutes f� 3. Claims Numbered 69 and 70 are referenced in the "Summary of Proposed Mining Operations" submitted by the applicant on September 16, 1987. 4. The Planning and Zoning Commission's September 16, 1987 motion to table Case 87-046 for another public hearing specifically referenced the "Summary of Proposed Mining Operations," which included Claims Numbered 69 and 70. 5. This is the third public hearing on this case. It can therefore be assumed that the proposed action has received more than adequate notice. The issues in this case are well known and the general location of the mining activities (on the edge of the lagoon and outer beaches) on Tugidak Island is common knowledge. In light of the fact that Claims Numbered 69 and 70 were included in two (2) previous PHN maps and notices, a minor change in location (one -quarter mile to the east along the beach) does not mean that proper public notice has not been given. 6. The scope, scale, maximum production quantities, and methods of operations remain unchanged. The applicant, his representatives, and agency representatives did not express any concern with this decision. Staff did, however, state that the final decision on whether adequate public notice had been given would be made by the Planning and Zoning Commission. All meeting participants appeared to understand. Staff stated contact would be made with the Chairman of the Planning and Zoning Commission to determine the Chair's position on adequate public notice. The Chairman agreed with the staff's decision. During the October 15, 1987 DGC meeting, the staff report on Case 87-046 (dated October 13, 1987) was discussed. The discussion primarily focused on the conditions of approval. Several changes were recommended for editorial reasons and to clarify certain points. Staff recommended approval of this request and outlined several changes to the proposed conditions of approval included in the October 20, 1987 staff report. These changes were: 1. Inclusion of the Department of Natural Resources as a review agency to conditions numbered five and six (5 and 6). 2. The inclusion of condition numbered seven (7) from the recommended conditions of approval from the September 14, 1987 staff report. 3. Strike the word "domestic" from condition numbered eight (8). COMMISSIONER KNUDSEN MOVED TO REMOVE CASE 87-046 CONDITIONAL USE PERMIT REVIEW FROM THE TABLE. The motion was seconded and CARRIED by unanimous voice vote. COMMISSIONER ANDERSON MOVED THAT the Planning and Zoning Commission finds that adequate public hearing notice has been given for resource extraction activities on Claims Numbered 69 and 70 as a r part of Case 87-046 based on the six (6) reasons (findings) contained in the staff memorandum dated October 20, 1987. The motion was seconded and CARRIED by unanimous roll call vote. CHAIRMAN RENNELL noted that the public hearing participants would be limited to ten (10) minutes each and that the Chair would allow an additional one (1) minute for closing remarks. Regular Session Closed. KIBS226321 The Conditional Use Permit Public Hearing Opened: KURT BECKER, on his own behalf, appeared before the Commission and expressed opposition to this request. Mr. Becker stated that he was a Certified Wildlife Biologist and that his views would not Planning & Zoning Commission 4 October 21, 1987 Minutes necessarily reflect his employer's position. Mr. Becker noted that he had been on Tugidak Island during January, May and October of 1987 and that he is not a "preservationist." Mr. Becker stated that the lagoon is the most productive area of the island and that it is very rich biologically, providing the best lagoon habitat in the Kodiak Archipelago. During the October 1987 visit, six hundred (600) emperor geese were counted in the lagoon along with other bird species. Mr. Becker also noted that the lagoon harbors clams 1� and crabs, is suspected to be a dungeness nursery area, and is on a strategic bird migration route. Mr. Becker stated that Tugidak Island is unique because no fox or livestock have been introduced and, therefore, Tugidak remains in its natural state - one of fragile equilibrium. Mr. Becker asked if it is worth the risk, what the odds of significant impact is, whether potential short term gain to a few individuals outweighs the potential long term loss to large user groups such as commercial fishermen. Mr. Becker noted that operational timing restrictions and limiting operations to the ocean side (outside of the lagoon) would minimize the potential hazards. He recommended denial of the permits. LOUISA RAND, representing the State of Alaska Office of Management and Budget (OMB), Division of Governmental Coordination (DGC), appeared before the Commission and outlined the role of DGC in implementing the Alaska Coastal Management Program (ACMP), including review procedures. Ms. Rand explained the review process and the status of the application. A discussion ensued amongst the Commissioners and Ms. Rand regarding the ACMP review process. Ms. Rand noted that the CMP comments for review at this meeting, if approved, would become the bulk of the KIBCMP comments. DAVE MENKE, on his own behalf, appeared before the Commission and r expressed opposition to this request. Mr. Menke reemphasized his opposition to the staff's finding.. ."That the conditional use will preserve the value, spirit, character and integrity of the surrounding area." Mr. Menke stated that the value, spirit and character of Tugidak Island was tied up with wildlife values and fragile resources such as nesting wildlife and pupping mammals. Mr. Menke stated that he wanted additional conditions placed on any conditional use permit approved for placer mining, including: (1) All traffic associated with the mining operation shall be directed to approach and depart the mining camp along the eastern side of the island. Weather permitting, flight altitudes over the northern portion of the island shall be conducted at least 1,500 feet above ground level. No flights shall be conducted along the western shore of the island. (2) Placer mining activities are limited to the period from October 1 through April 1. (3) An independent outside monitor shall be present during all placer mining activities. Mr. Menke requested the Planning and Zoning Commission require these stipulations and not defer to state and/or federal permitting agencies' recommendations. A discussion ensued amongst the Commissioners and Mr. Menke concerning Mr. Menke's request for additional stipulations. Mr. Menke stated that he would look at this request in a more favorable light if these stipulations were added to the conditional use r- permit but that there was still a need for State of Alaska resource agency input. RICHARD MACINTOSH, on his own behalf, appeared before the Commission and expressed opposition to this request. Mr. MacIntosh noted that he had spoken at the last two public hearings and had submitted a written statement. Mr. MacIntosh asked what the impacts will be to the flora and fauna of the lagoon and that he agreed with Mr. Menke's testimony before the Commission this evening, noting that monitoring compliance is difficult in such a remote place, disagreeing with Mr. Peterson's October 5, 1987 letter in which Mr. Peterson notes that there is no need of any outside supervision of his mining operations. Mr. MacIntosh requested that in addition to the additional requirements noted by KIBS226322 Mr. Menke, a requirement of a "performance bond" also be added to the conditional use permit to guarantee the removal of debris. Planning & Zoning Commission 5 October 21, 1987 Minutes BOB PFUTZENREUTER appeared before the Commission and expressed opposition to this request. Mr. Pfutzenreuter noted that diverse segments of the Kodiak population had spoken against the issuance of a conditional use permit for placer mining on Tugidak Island, including fishermen, the general public, people who had camped on Tugidak, biologists, and ADF&G. Mr. Pfutzenreuter noted that Tugidak Island is more unique than most places, that Tugidak is at Kodiak's "back door" and therefore the Kodiak Island Borough and r the Planning and Zoning Commission have the responsibility for this decision, stating that while stipulations can be placed on the operation during the ACMP review process, the Planning and Zoning Commission's conditional use permit stipulations would be locally enforceable. Mr. Pfutzenreuter stated that Tugidak Island deserves "critical habitat" status and that it should be preserved as it is right now as there are too many variables that can do irreversible damage to Tugidak Island's habitat resources. WAYNE COLEMAN appeared before the Commission and expressed support for this request. Mr. Coleman stated that this community has suppressed economic development of industry and that now it may be time to reverse this trend by approving the conditional use permit with environmental stipulations. CHRIS PROVOST, representing the Kodiak Audobon Society (KAS), appeared before the Commission and expressed opposition to this request. Mr. Provost noted that KAS has maintained that this request has not met all the conditional use permit conditions, i.e., "That the conditional use will preserve the value, spirit, character and integrity of the surrounding area;" that the approval of this permit will not preserve the value, spirit, character and integrity of the surrounding area. Mr. Provost noted that KAS endorses the additional stipulations suggested by other participants in the public hearing, including (1) time limits; (2) r onsite inspection by an independent monitor; (3) aircraft landing zones; and (4) performance bonding. In addition to these stipulations, KAS requested archaeological surveys be required prior to any placer mining operations. PAUL C. RUSANOWSKI, Ph.D., Manager of Environmental Services, Nortec, A Division of ERT, representing Gary Peterson, appeared before the Commission and expressed support for this request. Mr. Rusanowski detailed his role in monitoring as delineated by his contract with Mr. Peterson, also stating that this placer mining operation was a demonstration size commercial operation. The Conditional Use Permit Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO GRANT a request for a conditional use permit in accordance with Section 17.13.030 of the Borough Code to permit resource extraction activities (placer gold mining) in a C--Conservation Zoning District within Portions of Sections 25, and 36, Township 41 South, Range 34 West, Seward Meridian and Portions of Sections 16, and 17, Township 42 South, Range 33 West, Seward Meridian (approximately 200 acres within Trust Claims numbered 69, 70, 78, 79 and 80) on Tugidak Island. Intertidal beach sands will be extracted, processed, and returned to the approximate point of origin as described in and in accordance with the "Summary of Proposed Mining Operations" submitted by the applicant on September 16, 1987. The conditional use permit is subject to the conditions of approval outlined in the staff memorandum dated October 20, 1987, and the Planning and Zoning Commission adopts the findings contained in the staff report dated October 13, 1987, as "Findings of Fact" for this case. The conditional use permit approval will allow administrative review and approval of permits for construction in substantial compliance with the plan. The motion was seconded. COMMISSIONER THOMPSON requested that the "conditions of approval" be read for the audience. Chairman Rennell stated "go ahead." Commissioner Thompson read the "conditions of approval." KIBS226323 Planning & Zoning Commission 6 October 21, 1987 Minutes P- COMMISSIONER ANDERSON MOVED TO AMEND the conditions as follows [changes are delineated by underscoring and overstriking]: 5. If the resource extraction activities relocate to Claims numbered 69 and 70, the mining camp shall also be moved to the identified secondary camp location. The primary camp shall be returned to as near natural conditions as possible. The camp site should be revegetated as appropriate. The resource extraction activities and base camps may shift from one location to the other if required limits on the permitted time(s) of operations so dictate. If the Alaska Department of Fish and Game (ADF&G), the Alaska Department of Natural Resources (DNR), and National Marine Fisheries Service (NMFS) determine that the overall impacts of base camp activities will be minimized by having two (2) established camp locations, rather than moving the camp back and forth, the establishment of two (2) base camps is authorized. 6. If the resource extraction activities relocate to Claims numbered 69 and 70, a specific transportation corridor to the fresh water source must be identified in conjunction with the ADF&G, DNR, and NMFS and adhered to. Wherever and whenever possible, the beach below the mean high tide level shall be used for the transportation route rather than uplands areas. If other applicants for resource extraction activities are issued all required permits for operations, the transportation corridor designation shall be coordinated with these individuals in order to minimize the number of roads on the island. 8. No demestle animals shall be permitted--ee introduced to Tugidak Island. 12. All spoils shall be disposed seaward of vegetated uplands and shall be contoured to approximate original contour of the heath. No spoils shall be deposited onto vegetated uplands. The amendment was seconded. A discussion ensued amongst the Commissioners regarding the conditions of approval. COMMISSIONER HEINRICHS MOVED TO AMEND by adding the following condition: 13. A third party monitoring agency shall be identified to assure compliance with the above conditional use permit conditions. A discussion ensued amongst the Commissioners and the result was Mr. Heinrichs' amendment was accepted as a "friendly amendment" to Mr. Anderson's amendment with the concurrence of the second. The question was called and the AMENDMENT CARRIED by unanimous roll call vote. COMMISSIONER KNUDSEN MOVED TO AMEND by adding the following condition: A performance bond shall be submitted by the applicant. The motion died for the lack of a second. COMMISSIONER HEINRICHS MOVED TO AMEND by adding the following condition: 14. A monitoring plan shall be presented to the Kodiak Island Borough when the entire permitting process is complete. On an annual basis, the monitoring plan shall be presented to the Kodiak Island Borough, and performance with the conditions of approval shall be reviewed by the Planning and Zoning Commission. The AMENDMENT was seconded and CARRIED by unanimous roll call vote. Planning & Zoning Commission KIBS226324 7 October 21, 1987 Minutes r The question was called and the MAIN MOTION AS AMENDED CARRIED by majority roll call vote. Commissioner Rennell voted "no." CONDITIONS OF APPROVAL 1. The conditional use permit is only valid for a period of three (3) years. At the end of three (3) years, any further resource extraction activities will require a new conditional use permit from the Kodiak Island Borough Planning and Zoning Commission. 2. The conditional use permit is not valid unless the applicant obtains a consistency determination from the State of Alaska, Office of Management and Budget, Division of Governmental Coordination (OMB—DGC), and all required State of Alaska and federal permits for the proposed activity have been issued. 3. The three (3) year conditional use permit approval time limit shall begin once all required State of Alaska and federal permits are in place. 4. Any change or enlargement in the scope, scale, size, methods of operation, or location of the resource extraction activities is not permitted under this conditional use permit. A reduction in the size, location, or quantities extracted is permitted. 5. If the resource extraction activities relocate to Claims numbered 69 and 70, the mining camp shall also be moved to the identified secondary camp location. The primary camp shall be returned to as near natural conditions as possible. The camp site should be revegetated as appropriate. The resource extraction activities and base camps may shift from one location to the other if required limits on the permitted time(s) of operations so dictate. If the Alaska Department of Fish and Game (ADF&G), the Alaska Department of Natural Resources (DNR), and National Marine Fisheries Service (NMFS) determine that the overall impacts of base camp activities will be minimized by having two (2) established camp locations, rather than moving the camp back and forth, the establishment of two (2) base camps is authorized. 6. If the resource extraction activities relocate to Claims numbered 69 and 70, a specific transportation corridor to the fresh water source must be identified in conjunction with the ADF&G, DNR, and NMFS and adhered to. Wherever and whenever possible, the beach below the mean high tide level shall be used for the transportation route rather than uplands areas. If other applicants for resource extraction activities are issued all required permits for operations, the transportation corridor designation shall be coordinated with these individuals in order to minimize the number of roads on the island. 7. Plans and methods for the storage of fuel and oil shall be done in accordance with any requirements imposed by the Alaska Department of Environmental Conservation (ADEC). 8. No animals shall be introduced to Tugidak Island. 9. Recreational use of ATV's or other motorized equipment shall not be permitted outside of the mining areas. This condition is intended to prevent erosion and to minimize disturbances to wildlife. Necessary travel to floatplane and wheeled aircraft landing areas, supply barges, base camps, the fresh water source, etc., are permitted. Wherever possible, specific transportation corridors for these activities shall be identified. 10. Should the mining operations cease for more than one (1) year for any reason, the applicant shall be responsible for removing all equipment, buildings and debris from Tugidak KIBS226325 Planning & Zoning Commission 8 October 21, 1987 Minutes r Island within one (1) year. Should the conditional use permit not be renewed, all evidence of mining activity shall be removed within one (1) year. 11. If the required State of Alaska and federal permits for this proposed activity include any restrictions on the time(s) of the year during which mining activities shall not take place, the conditional use permit shall also not be valid for those time periods. 12. All spoils shall be disposed seaward of vegetated uplands and shall be contoured to approximate original contour of the beach. No spoils shall be deposited onto vegetated uplands. 13. A third party monitoring agency shall be identified to assure compliance with the above conditional use permit conditions. 14. A monitoring plan shall be presented to the Kodiak Island Borough when the entire permitting process is complete. On an annual basis, the monitoring plan shall be presented to the Kodiak Island Borough, and performance with the conditions of approval shall be reviewed by the Planning and Zoning Commission. FINDINGS OF FACT 1. That the conditional re the value, spirit er and integrity of the surrounding area. It appears that the scale of operations of the proposed use will preserve the value, spirit, character and integrity of the surrounding area provided certain conditions are adhered to. The Commission recognizes that Tugidak Island contains important wildlife habitat and that this must be considered in evaluation of a conditional use permit for resource extraction activities. Although the Borough lacks the inhouse expertise to make site specific recommendations to protect biological resources, the Planning and Zoning Commission does not feel that this should preclude issuance of a conditional use permit. Detailed site specific requirements or stipulations can and will be incorporated into the required state and federal permits for the proposed activity. At the state level, stipulations on the mining activities are included as a part of the Alaska Coastal Management Program (ACMP) consistency determination from the Office of Management and Budget, Division of Governmental Coordination (DGC). The recommendations of all state resource agencies having jurisdiction (e.g., DEC, ADF&G, DNR) are considered and incorporated into the DGC consistency determination. At the federal level, conditions or stipulations can be attached to the required permits from the Corps of Engineers (COE) and the Environmental Protection Agency (EPA). The federal permitting process also includes review by and incorporation of recommendations from the federal resource agencies having jurisdiction (e.g., USF&WS, NMFS, etc.). Conditions of approval attached to the conditional use permit pertaining to land use issues also merit consideration and recommended conditions are included in this report. The Planning and Zoning Commission finds that the detailed state and federal permitting process will adequately protect important wildlife habitat and biological resources. Therefore, the land use activity of extraction of a maximum of five hundred (500) cubic yards per day, under appropriate conditions, and as described in the September 16, 1987 "Summary of Proposed Mining Operations," should preserve and not adversely impact or be detrimental to the value, spirit, character, and integrity of the surrounding area. This finding is in part, supported by the fact that the State of Alaska owned Tugidak Island is open to mining activities, was not included in the Kodiak National Wildlife Refuge, and was MBS226326 not designated as a State Critical Habitat Area. This is not Planning & Zoning Commission 9 October 21, 1987 Minutes to say that Tugidak Island does not contain important wildlife habitat and resources, but rather that there should be a balance of opportunities on Tugidak Island that are sensitive to wildlife habitat. 2. That the conditional use fulfills all other requirements thi. rhanfor nertainino rn the conditional use in auestion. The proposed use and support activities will fulfill all other requirements of the C--Conservation Zoning District such as area and setback requirements. Adherence to other Borough ordinances is handled through the zoning compliance and building permit process. 3. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. The proposed use should not be harmful to the public's health, safety, convenience or comfort. Tugidak Island is isolated, not generally used by the public, and the resource extraction will take place away from any other uses that might be impacted by mining activities. Most importantly, placer mining requires an extensive state and federal review and permitting process. The activity must first be reviewed for consistency with the ACMP at which time other state resource agencies (e.g., DEC, DNR, ADF&G) comment and make recommendations. This extensive permitting and review process should ensure protection of the public's health, safety and general welfare. COMMISSIONERS ANDERSON and HEINRICHS thanked the audience for their comments and input. CHAIRMAN RENNELL stated that the approval of this particular conditional use permit for placer mining on Tugidak ''— Island set no precedent for future applications, that each placer mining application would be reviewed based upon its own merits. CHAIRMAN RENNELL polled the other Commissioners and the statement received unanimous consensus. COMMISSIONER MOVED TO REMOVE CASE 87-046 CMP REVIEW FROM THE TABLE. The motion was seconded and CARRIED by unanimous voice vote. BOB PEDERSON reported there was no further staff report. Regular Session Closed. The Coastal Management Program Consistency Review Public Hearing Opened: CHRIS PROVOST, representing the Kodiak Audobon Society (KAS), appeared before the Commission and expressed opposition to this request, stating that all previous KAS comments apply here and that KAS urged the Planning and Zoning Commission to find this request inconsistent with the KIBCMP. The Coastal Management Program Consistency Review Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO recommend that the proposed resource extraction and support activities are generally consistent with the KIBCMP provided the following stipulations are incorporated into the annual placer mining permit: CONDITIONS OF APPROVAL 1. The applicant obtains an Alaska Coastal Management Program Consistency Determination from the State of Alaska Office of Management and Budget, Division of Governmental Coordination (OMB-DGC). 2. All required State of Alaska, federal, and local permits are in place prior to beginning any mining activities. KIBS226327 Planning & Zoning Commission 10 October 21, 1987 Minutes 3. The proposed activity is only consistent with the Kodiak Island Borough Coastal Management Program (KIBCMP) if all conditions of approval attached to the Kodiak Island Borough conditional use permit are adhered to. The motion was seconded and CARRIED by majority roll call vote. Commissioners Knudsen and Rennell voted "no." r-- B) CASE 87-050. 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 a Portion of Section 27, Township 41 South, Range 33 West, Seward Meridian (approximately 40 acres within Trust Claim Number 50) on Tugidak Island. The resource extraction activities will consist of extracting sands above the mean high tide mark using a tractor and backhoe, and processing the extracted materials using a pulsating jig. Processed materials will be returned to the approximate point of origin. Maximum production will not exceed six hundred (600) cubic yards per day. The extraction activity will be supported by processing equipment, a base camp, and fuel and water supplies associated with placer mining (Thomas Simmons/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 23 public hearing notices were mailed for this case on October 1, 1987 and the responses were included in the P-' packet. During the October 15, 1987 DGC meeting, recommended conditions of approval for placer mining activities on Tugidak Island were discussed. Several changes were recommended for editorial reasons and to clarify certain points. Staff has revised the conditions of approval as follows: 1. The conditional use permit is only valid for a period of three (3) years. At the end of three (3) years, any further resource extraction activities will require a new conditional use permit from the Kodiak Island Borough Planning and Zoning Commission. 2. The conditional use permit is not valid unless the applicant obtains a consistency determination from the State of Alaska, Office of Management and Budget, Division of Governmental Coordination (OMB-DGC), and all required State of Alaska and federal permits for the proposed activity have been issued. 3. The three (3) year conditional use permit approval time limit shall begin once all required State of Alaska and federal permits are in place. 4. Any change or enlargement in the scope, scale, size, methods of operation, or location of the resource extraction activities is not permitted under this conditional use permit. A reduction in the size, location, or quantities extracted is permitted. 5. Following completion of mining activities, the base camp shall be returned to as near natural conditions as possible. 6. A specific transportation corridor to the fresh water source must be identified in conjunction with the ADF&G and NMFS and adhered to. Wherever and whenever possible, the beach below the mean high tide level shall be used for the transportation route rather than uplands areas. If other applicants for resource extraction activities are issued all required permits for operations, the transportation corridor designation shall KIBS226328 be coordinated with these individuals in order to minimize the number of roads on the island. Planning & Zoning Commission 11 October 21, 1987 Minutes 7. Plans and methods for the storage of fuel and oil shall be done in accordance with any requirements imposed by the Alaska Department of Environmental Conservation (ADEC). 8. No domestic animals shall be permitted on Tugidak Island. 9. Recreational use of ATV's or other motorized equipment shall not be permitted outside of the mining areas. This condition r is intended to prevent erosion and to minimize disturbances to wildlife. Necessary travel to floatplane and wheeled aircraft landing areas, supply barges, base camps, the fresh water source, etc., are permitted. Wherever possible, specific transportation corridors for these activities shall be identified. 10. Should the mining operations cease for more than one (1) year for any reason, the applicant shall be responsible for removing all equipment, buildings and debris from Tugidak Island within one (1) year. Should the conditional use permit not be renewed, all evidence of mining activity shall be removed within one (1) year. 11. If the required State of Alaska and federal permits for this proposed activity include any restrictions on the time(s) of the year during which mining activities shall not take place, the conditional use permit shall also not be valid for those time periods. Staff recommended approval of this request and outlined three (3) changes to the proposed conditions of approval included in the October 20, 1987 staff report. These changes are: 1. Inclusion of the Department of Natural Resources as a review r- agency to condition numbered six (6). 2. The inclusion of condition numbered seven (7) from the recommended conditions of approval from the September 14, 1987 staff report for Case 87-046. 3. Strike the word "domestic" from condition numbered eight (8). Regular Session Closed. The Conditional Use Permit Public Hearing Opened: BOB PFUTZENREUTER appeared before the Commission and expressed opposition to this request. Mr. Pfutzenreuter stated that now that there is a precedent, that there is one conditional use permit for placer mining on Tugidak Island, we can watch it for three years and see what happens. RICHARD MACINTOSH, on his own behalf, appeared before the Commission and expressed opposition to this request. Mr. MacIntosh stated that he agreed with Mr. Pfutzenreuter's comments and suggested that we sit back and watch the approved conditional use permit's performance. Mr. MacIntosh also noted that devegetating forty acres, with the only potable water four miles away from operations with the only transportation route directly through a pupping area for harbor seals, would have disastrous effects on r Tugidak Island, noting that this mining request is for uplands and not beach areas. A discussion ensued amongst Commissioner Heinrichs and Mr. MacIntosh regarding fundamental differences between beach and upland mining, the cumulative impacts of increased activity and beach travel. DAVE MENKE, on his own behalf, appeared before the Commission and expressed opposition to this request. Mr. Menke noted that the transportation route to fresh water in summer leads through a harbor seal pupping area of major importance. Mr. Menke asked if Nortec was under contract to provide environmental monitoring. KIBS226329 Planning & Zoning Commission 12 October 21, 1987 Minutes LOUISA RAND, representing the State of Alaska Office of Management and Budget (OMB), Division of Governmental Coordination (DGC), appeared before the Commission and outlined the role of DGC in implementing the Alaska Coastal Management Program (ACMP), including review procedures. Ms. Rand noted that the application submitted to DGC is incomplete at present and that cumulative impacts are recognized and reviewed by state agencies. r PAUL C. RUSANOWSKI, Ph.D., Manager of Environmental Services, Nortec, A Division of ERT, appeared before the Commission and stated that his firm had no association with Mr. Simmons only with Mr. Peterson. CHRIS PROVOST, representing the Kodiak Audobon Society WAS), appeared before the Commission and expressed opposition to this request. Mr. Provost noted that both camp sites and work sites will affect nesting habitats and reiterated Mr. Menke's remarks regarding the transportation route to fresh water through a pupping area necessitating time restraints. The Conditional Use Permit Public Hearing Closed. Regular Session Opened. A discussion ensued amongst the Commissioners, Community Development Department staff and Ms. Rand of OMB-DGC concerning the number of conditional use permits on Tugidak Island, timeframes for ACMP review, cumulative impacts on habitat and transportation routes, upland development which results in devegetation, and the extraction of six hundred cubic yards per day on the spit. COMMISSIONER HEINRICHS MOVED TO GRANT a request for a conditional use permit in accordance with Section 17.13.030 of the Borough Code to permit resource extraction activities (placer mining) in a C--Conservation Zoning District within A Portion of Section 27, Township 41 South, Range 33 West, Seward Meridian (approximately 40 acres within Trust Claims number 50) on Tugidak Island. Beach sands above the mean high tide mark will be extracted, processed, and returned to the approximate point of origin. The conditional use permit is subject to the conditions of approval outlined in the staff memorandum dated October 20, 1987 revising the conditions to match those made during the review of Case 87-046 during this regular meeting, and the Planning and Zoning Commission adopts the findings contained in the staff report dated October 14, 1987, as "Findings of Fact" for this case. The conditional use permit approval will allow administrative review and approval of permits for construction in substantial compliance with the plan. The motion was seconded. COMMISSIONER THOMPSON MOVED TO TABLE Case 87-050 until January 1988. The motion died for the lack of a second. A discussion ensued amongst the Commissioners regarding cumulative impacts, transportation routes, vegetation, adverse public testimony, and the necessity of reviewing the first conditional use permit's performance before issuing another permit. The question was called and the MAIN MOTION FAILED by a unanimous roll call vote. Commissioners Hendel, Thompson, Heinrichs, r Knudsen, Anderson and Rennell voted "no." Findings of Fact for this case were deferred to the end of the agenda. Regular Session Closed. The Coastal Management Program Consistency Review Public Hearing Opened: BOB PEDERSON noted that to be consistent with the Planning and Zoning Commission decision denying the conditional use permit, it was recommended that this request by found inconsistent with the Kodiak Island Borough Coastal Management Program. KIBS226330 Planning & Zoning Commission 13 October 21, 1987 Minutes RICHARD MACINTOSH, on his own behalf, appeared before the Commission and expressed opposition to this request. DAVE MENKE, on his own behalf, appeared before the Commission and expressed opposition to this request. CHRIS PROVOST, representing the Kodiak Audobon Society (KAS), appeared before the Commission and expressed opposition to this r request. The Coastal Management Program Consistency Review Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO recommend that the proposed resource extraction and support activities are generally consistent with the KIBCMP provided the following stipulations are incorporated into the annual placer mining permit: CONDITIONS OF APPROVAL 1. The applicant obtains an Alaska Coastal Management Program Consistency Determination from the State of Alaska Office of Management and Budget, Division of Governmental Coordination (OMB-DGC). 2. All required State of Alaska, federal, and local permits are in place prior to beginning any mining activities. 3. The proposed activity is only consistent with the Kodiak Island Borough Coastal Management Program (KIBCMP) if all conditions of approval attached to the Kodiak Island Borough conditional use permit are adhered to. The motion was seconded and FAILED by unanimous roll call vote. Commissioners Thompson, Heinrichs, Hendel, Rennell, Anderson, and Knudsen voted "no." CHAIRMAN RENNELL recessed the meeting for ten minutes. CHAIRMAN RENNELL reconvened the meeting at 10:00 p.m. C) CASE 87-051. Request for an exception from Section 17.19.020 (Permitted Uses) of the Borough Code to utilize a lot in the R2--Two-Family Residential Zoning District for fenced and screened outdoor storage for use by the property owners in the same block. Lot 8, Block 1, Lakeside Subdivision 1st Addition; 2388 Beaver Lake Loop Road. (Kodiak Island Housing Authority) BOB PEDERSON indicated 7 public hearing notices were mailed for this case and the responses were included in the packets. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. r-- Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO GRANT a request for an exception from Section 17.19.020 of the Borough Code to permit a lot in the R2--Two-Family Residential Zoning District (Lot 8, Block 1, Lakeside Subdivision First Addition) to be used for outdoor storage by the residents of Block 1, Lakeside Subdivision First Addition, subject to the condition of approval outlined in the staff report dated October 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. KIBS226331 Planning & Zoning Commission 14 October 21, 1987 Minutes CONDITION OF APPROVAL 1. The lot must provide screening approved by the Planning and Zoning Commission along Beaver Lake Loop Road and Von Scheele Way for the entire time that outdoor storage is present on the lot. FINDINGS OF FACT r 1. That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A) endanger the public's health, safety or general welfare, (B) be inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the neighborhood. A. It appears that the proposed use, possibly under appropriate conditions, will not endanger the public's health, safety, or general welfare. Conditions of approval merit consideration because commercial land uses (i.e., outdoor storage) have the potential to detract from the use of the land and adjoining properties for residential purposes. Methods of limiting such conflicts include screening and fencing. The use of Lot 8 for screened storage will provide a benefit to residents of the block and should enhance the public's safety and general welfare by relocating stored boats, campers, etc., from the nearby streets to a nonobtrusive off-street location. B. Whether this request is consistent with the general purposes and intent of Title 17 is debatable. ,-- On one hand the proposed use will be inconsistent with the general purposes and intent of Title 17 and with the specific description and intent of Chapter 17.19, the R2--Two-Family Residential Zoning District. Section 17.03.080 specifies that uses not listed as a permitted uses are prohibited. Outdoor storage is not listed as a permitted use in the R2 Zoning District. Moreover, the description and intent of the R2 Zoning District (Section 17.19.010) specifies that the intentions of this district are to encourage the construction of single and two-family dwellings, to prohibit commercial and industrial land uses which would interfere with the development or continuation of single and two-family dwellings in the district, and to encourage the discontinuance of existing uses that are not permitted under the provision of this chapter. The applicant's exception request is not consistent with this description and intent of the R2 Zoning District. The use is commercial and one appropriate option is an investigation into a rezone of the site to a classification that permits the land uses desired by the applicant. Conversely, the proposed use may be considered to be consistent with the general purposes and intent of Title 17 and with the specific description and intent of Chapter 17.19, the R2 Zoning District, if appropriate conditions of approval are placed on the exception. The use may be considered consistent because (1) no structures will be erected; (2) the storage can be easily removed; (3) the storage is for the residents personal property only; (4) a storage area can be considered an integral part of a housing project development; (5) the lot will be screened; and (6) storage on this lot will alleviate the existing storage and parking problem on nearby streets. C. The proposed use should not adversely impact other properties or uses in the neighborhood. The storage is KIBS226332 for the use of the residents of the block and will be Planning & Zoning Commission 15 October 21, 1987 Minutes r— r` r screened from these residences and surrounding properties. Provided this screening is maintained the use of the lot for outdoor storage should not adversely impact other properties and uses in the area. D) CASE 87-052. Request for a variance from Section 17.54.010(A) (Height -Extension onto Public Property) of the Borough Code to permit a six (6) foot fence with a solid vertical surface to locate in the front yard along the left side property line of Lot 5, Block 52, East Addition; 1614 Simeonoff Street. (Robert and Brenda Williams) BOB PEDERSON indicated 30 public hearing notices were mailed for this case and 3 were returned in favor of this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: WAYNE COLEMAN, an adjacent property owner, appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER THOMPSON MOVED TO GRANT a request for a variance from Section 17.54.010(A) of the Borough Code to permit a six (6) foot fence with a solid vertical surface above a height of two (2) feet to locate in the R1--Single-Family Residential Zoning District along the left side property line of Lot 5, Block 52, East Addition and to adopt the findings contained in the staff report (dated October 2, 1987) as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT 1. EXceDtional ohvsical circumstances or conditions applicable to do not aDDly to other Dronerties in the same land use The exceptional condition applicable to the intended use of the property is largely a perceptual one. Typically, the average property owner assumes that they should be able to erect a solid fence of reasonable height on their property. A six (6) foot fence provides visual and noise separation and often is incorporated into the landscaping of the yard. 2. Strict application of the zonii Dractical difficulties or unnece A Strict application of the zoning ordinance would only allow a fence to a height of four (4) feet and without a solid vertical surface in the front yard. This is an unnecessary hardship when many other fences (some higher than 4 feet and some with a solid surface) in the community have been erected in front yards without first receiving a variance. The Commission has also granted variances in the past for fences to exceed the maximum height requirements. 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 will not be detrimental to the public's health, safety or welfare because the fence will not pose a line of sight problem along Simeonoff Street or to the neighboring driveway either due to its height or placement. Planning & Zoning Commission KIBS226333 16 October 21, 1987 Minutes r_ 4. The granting of the variance will not be contrary to the ve Plan. Granting of this variance will not be contrary to the objectives of the Comprehensive Plan. The Comprehensive Plan does not address minor structural developments such as fences. The main use of the property for residential purposes is consistent with the Comprehensive Plan to the extent that the plan is valid for this area. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. In this case, actions of the applicant have caused the conditions from which relief is being sought by a variance. This is due to the fact that the fence was constructed prior to the granting of the variance. However, staff believes that the variance would have been requested prior to construction if the applicant had understood that it was necessary. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Fences are permitted in all land use districts. E) CASE 87-053. Request for a variance from Section 17.36.060(A) (Nonconforming Uses of Land) of the Borough Code to permit a nonconforming land use in a R1--Single-Family Residential Zoning District (two single-family dwelling units on one nonconforming lot of record) to be expanded in order to construct a seven by fifteen (7 x 15) foot arctic entry and addition onto one of the single-family residences. Lots 19 and 20, Block 2, Island Lake Subdivision; 3208 Kittiwake Street and 3226 Arctic Tern. (Dale Flores) BOB PEDERSON indicated 46 public hearing notices were mailed for this case and 2 were returned opposing this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO GRANT a request for a variance from Section 17.36.060(A) of the Borough Code to permit a nonconforming land use in a R1--Single-Family Residential Zoning District (two single-family dwelling units on one nonconforming lot of record) to be expanded in order to construct a seven by fifteen (7 x 15) foot arctic entry and addition onto one of the single-family residences on Lots 19 and 20, Block 2, Island Lake Subdivision and to adopt the findings contained in the staff report (dated October 6, 1987) as "Findings of Fact" for this case. The motion was seconded. A discussion ensued amongst the Commissioners and Community Development Department staff regarding the expansion of a nonconforming land use and an arctic entry being an energy conservation matter. The question was called and the MOTION CARRIED by majority roll call vote. Commissioner Knudsen voted "no." FINDINGS OF FACT 1. Exceptional Dhvsical circumstances or conditions applicable to the property or Planning & Zoning Commission KIBS226334 17 October 21, 1987 Minutes do not apply to other properties in the same land use digtrirt. In this case, the unique conditions applicable to the request are the two (2) existing single-family residences on the lot. Although the RR1--Rural Residential One Zoning District permits only one single-family residence per lot, there have been two (2) residences on this property since 1979. Any r- expansion of these structures will require a variance. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. r-- Strict application of the zoning ordinance would not allow any additions to the existing residential structures. This is an unnecessary hardship when the existing land use is residential, the property is within a residential zoning classification, the current density of the area will not be increased, and the addition is only an arctic entry. 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 oublic's health, safetv and welfare. Granting of the variance should not result in material damage or prejudice to other properties in the area because additions to existing residential structures will not change the existing land use and will not change the overall density of the area. Also, an arctic entry will generally contribute to the increased energy efficiency of a structure. 4. The granting of the variance will not be contrary to the ve Granting of the variance will not be contrary to the objectives of the Comprehensive Plan because the plan does not generally address minor developments such as arctic entries. 5. That actions of the a financial hard plicant did not cause from which relief is In this case, actions of the applicant have not caused the conditions from which relief is being sought by a variance. The variance will be decided prior to the construction of the addition. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Single-family residential land uses are permitted in this district. F) CASE 87-054. Request for a variance from Section 17.17.050 (Yards) of the Borough Code to permit a one thousand eighty-four (1,084) square foot addition to an existing single-family residence to encroach seven and one half (7.5) feet into the required fifteen (15) foot side yard setback in a RR1--Rural Residential One Zoning District. Lot 14C-1, Block 7, Bells Flats Alaska Subdivision; 141 Alder Way. (Chandler Fisheries) BOB PEDERSON indicated 50 revised public hearing notices were mailed for this case and 1 was returned in favor of this request. Staff recommended approval of this request, subject to one condition. Regular Session Closed. Public Hearing Opened: MARK CHANDLER appeared before the Commission and expressed support for this request. Planning & Zoning Commission KIBS226335 18 October 21, 1987 Minutes r- r--- Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO GRANT a request for a variance from Section 17.17.050(B) of the Borough Code to permit a one thousand eighty-four (1,084) square foot addition to an existing single-family residence to encroach seven and one half (7.5) feet into the required fifteen (15) foot side yard setback in a RR1--Rural Residential One Zoning District on Lot 14C-1, Block 7, Bells Flats Alaska Subdivision; subject to the condition of approval contained in the staff report dated October 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. CONDITION OF APPROVAL 1. The existing mobile home (single-family residence) must be removed prior to issuance of a Certificate of Occupancy for the new single-family residence and addition. FINDINGS OF FACT 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. The exceptional physical circumstance applicable to the intended use of development is the location of the existing structure and the terrain of the lot. The structure is located between 9.3 feet and 8.5 feet from the side property line and is grandfathered with respect to this location. Most importantly, the lot slopes steeply downhill from the existing structure to the west, south, and southeast. In other words, the terrain dictates that the only reasonable area to construct an addition is to the northwest from the existing structure. This constitutes a physical hardship with the property that justifies a variance. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would only allow an addition that complies with the 15 foot side yard setback. This would place the addition in an area of steep slope, constituting a practical difficulty and an unnecessary hardship. 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 this variance will not result in material damages or prejudice to other properties in the area. The structure is a good distance away from any nearby residences and the addition will not be any closer. Therefore, adequate separation for light, air, noise, and privacy is maintained. 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 rural residential development. The construction of the addition will not change the existing density in the area provided the mobile home is removed prior to a Certificate of Occupancy for the new single-family residence. Planning & Zoning Commission KIBS226336 19 October 21, 1987 Minutes 5 6. That actions of the applicant did not cause special conditions or financial hardship from which relief is beine soueht by the In this case, actions of the applicant have not caused the conditions from which relief is being sought by a variance. The existing structure is a valid nonconforming structure. Also, the variance will be decided prior to construction of the addition. That the granting of the variance will not permit a prohibited land use in the district involved. A single-family residential addition is a permitted use in the RR1--Rural Residential One Zoning District. G) CASE 87-055. Request for review by the Planning and Zoning Commission of a disposal of 0.73 acres of Borough owned land to the original owner through a vacation and replat in accordance with Section 18.20.030 (Review by Planning Commission --Assembly Approval) of the Borough Code. This property is presently designated as a public moorage for the public in general and the owners of Lots 1 through 3A, 4A, 4B, and 5 through 13, Block 2, Tract D, U.S. Survey 1672 Amended, specifically. The proposed disposal will allow the lot to be sold to an adjoining property owner. An additional fifteen (15) foot access easement will be retained by the Kodiak Island Borough. Lot 9, Block 2, Tract D, U.S. Survey 1672 Amended. (Kodiak Island Borough/Okey Chandler) BOB PEDERSON indicated 31 public hearing notices were mailed for this case and responses were included in the packet. Mr. Pederson noted the Resource Management Officer's October 21, 1987 memorandum to the Planning and Zoning Commission concerning the alternatives available and providing appropriate motions for each alternative. Regular Session Closed. Public Hearing Opened: OKEY CHANDLER appeared before the Commission and expressed support for this land disposal. MARTHA RANDOLPH appeared before the Commission and expressed nonobjection to this land disposal. ROBERT OTTO appeared before the Commission and expressed nonobjection to this land disposal. ROY HOYT, owner of Lot 10, appeared before the Commission and expressed support for this land disposal. A discussion ensued amongst the Commissioners and Mr. Hoyt regarding the proposed dock location and easements. CHUCK LEWIS, former owner of Lot 10, appeared before the Commission and expressed support for this land disposal. JOHN BEALY, owner of Lot 7, appeared before the Commission and expressed opposition to this land disposal. Mr. Bealy requested the Commission take action to secure the "park" on Lot 5 as a park. OWEN DEVILLE appeared before the Commission and expressed support for this land disposal. Mr. Deville noted he was co-owner of Rex Barber's lot and that Mr. Barber's previous comments should not be considered at this time. Public Hearing Closed. Regular Session Opened. KIBS226337 A discussion ensued amongst the Commissioners and Community Development Department staff regarding the present easements, building permits, disposal of Borough property, and disposing of Planning & Zoning Commission 20 October 21, 1987 Minutes r-- the lot in question and yet maintaining the original intent of providing for public moorage. COMMISSIONER MOVED TO ADOPT Resolution 87-03-R recommending to the Borough Assembly that Lot 9, Block 2, Tract D, U.S. Survey 1672, Amended, be disposed, subject to retention of two (2) easements: 1. An easement for all land below the mean high water line (MHWL) be retained for public use; and 2. An additional fifteen (15) foot public access and utility easement be retained along the west side of Lot 9, Block 2, Tract D, U.S. Survey 1672, Amended. The motion was seconded and CARRIED by majority roll call vote. Commissioners Knudsen and Rennell voted "no." KODIAK ISLAND.BOROUGH PLANNING AND ZONING COMMISSION RESOLUTION 87-03-R A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING THAT THE BOROUGH ASSEMBLY DISPOSE CERTAIN BOROUGH PROPERTY ON ANTON LARSEN ISLAND WHEREAS, Title 18 of the Borough Code requires that the disposal of Borough real property be reviewed by the Planning and Zoning Commission; and WHEREAS, Title 18 of the Borough Code requires the Planning and Zoning Commission, by resolution, make a recommendation to the Borough Assembly regarding any proposed land disposal; and WHEREAS, the Borough has received a request to dispose of a parcel of property dedicated by plat to the public for boat moorage; and WHEREAS, this parcel has been utilized by the public for moorage, and adjacent lots sold to the public based on this dedication; and WHEREAS, there exists a clear and demonstrated public interest in retaining this parcel in public ownership. NOW, THEREFORE, BE IT RESOLVED that the Kodiak Island Borough Planning and Zoning Commission recommends that Lot 9, Block 2, Tract D, U.S. Survey 1672, Amended, be disposed with the retention of two (2) easements: 1. A fifteen (15) foot public utility and access easement along the westerly boundary of Lot 9, Block 2, Tract D, U.S. Survey 1672, Amended; and 2. Designation of the entire area below the mean high water line (MHWL) as an easement. COMMISSIONER ANDERSON MOVED TO CONTINUE THE MEETING BEYOND THE 11:00 P.M. CURFEW. The motion was seconded and CARRIED by unanimous voice vote. H) CASE S-87-033. Vacation of Lot 4, Block 8, Old Harbor Townsite (Plat 78-6) and Tract J, Old Harbor Townsite (Plat 84-53); and subdivision of an Unsubdivided Portion of Tract E, Old Harbor Townsite, U.S. Survey 4793 and replat to Lots 4A and 5, Block 8, and Tract J-1, Old Harbor Townsite, U.S. Survey 4793. (Emil Christiansen, Jack Christiansen, City of Old Harbor) DAVE CROWE indicated 64 public hearing notices were mailed for this case and 2 were returned in favor of this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. KIBS226338 Planning & Zoning Commission 21 October 21, 1987 Minutes 0- r COMMISSIONER ANDERSON MOVED TO GRANT preliminary approval of the vacation of Lot 4, Block 8, Old Harbor Townsite (Plat 78-6) and Tract J, Old Harbor Townsite (Plat 84-53); and subdivision of an Unsubdivided Portion of Tract E, Old Harbor Townsite, U.S. Survey 4793 and replat to Lots 4A and 5, Block 8, and Tract J-1, Old Harbor Townsite, U.S. Survey 4793, subject to the conditions outlined in the memorandum from the Borough Engineer dated October 14, 1987. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. Clearly delineate the exterior boundary of the property involved in the subdivision by a line heavier than any interior lot lines. 2. Show corners of Tract J, and adjacent lots, which were found, or set corners for those not found. 3. Indicate that the corner of Lot 4, Block 7, common to the Birch Street right-of-way was found, or set new corner, and set corner for westerly Birch Street right-of-way at southerly boundary of the subdivision. 4. Make dimension changes shown on attached copy of plat. 5. Change the lot areas for Lots 4A and 5 to show the actual areas (30,000 not 3000). 6. Provide a legal description for the entire subdivision since it includes an unsubdivided portion of Tract "E," Old Harbor Townsite, U.S. Survey 4793. I) CASE 5-87-034. Subdivision of Lot 6A, Block 5, Miller Point Alaska Subdivision to Lots 6A-1 and 6A-2. (Dana and Jeanette Campbell) DAVE CROWE indicated 27 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. A discussion ensued amongst the Commissioners and Engineering Department staff concerning driveway placement. COMMISSIONER ANDERSON MOVED TO GRANT preliminary approval of the subdivision of Lot 6A, Block 5, Miller Point Alaska Subdivision to Lots 6A-1 and 6A-2, subject to the following condition of approval: 1. All outdoor storage must be removed from Lot 6A-2 prior to filing of the final plat. The motion was seconded and CARRIED by unanimous roll call vote. J) CASE 5-87-035. Vacation of Lots 13 and 15, Block 2, Lakeside Subdivision (Plat 86-35) and replat to Lot 15A. (International Seafoods of Alaska, Inc.) DAVE CROWE indicated 54 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. KIBS226339 Planning & Zoning Commission 22 October 21, 1987 Minutes Regular Session Closed. Public Hearing Opened: NEIL SHUCKEROW, representing International Seafoods of Alaska, Inc., appeared before the Commission and expressed support for the original request. A discussion ensued amongst the Commissioners and Mr. Shuckerow r— regarding the history of this request. WAYNE COLEMAN, property owner within a 375 foot radius, appeared before the Commission and expressed support for the original request. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO GRANT preliminary approval of the vacation of Lots 13 and 15, Block 2, Lakeside Subdivision (Plat 86-35) and replat to Lot 15A. The motion was seconded. COMMISSIONER HEINRICHS MOVED TO AMEND THE MAIN MOTION stating that the nonconforming use of Lot 14 be brought into conformance by replat of Lot 14, or delineation of an easement, or discontinuance of the nonconforming use. That evidence of compliance be presented to the Kodiak Island Borough. The amendment was seconded and CARRIED by majority roll call vote. Commissioners Anderson and Thompson voted "no." The question was called and the main motion as amended CARRIED by unanimous roll call vote. VII. OLD BUSINESS r— There was no old business. 1Mw*�d3W-1111 "k ;W A) Rescheduling of November's Packet Review Worksession due to Veteran's Day Holiday. The Planning and Zoning Commission rescheduled the packet review worksession to November 12, 1987 (Thursday). There was no further new business. IX. COMMUNICATIONS COMMISSIONER ANDERSON MOVED TO ACKNOWLEDGE RECEIPT of items A through C of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Letter from Patty Bielawski, Project Coordinator - State of Alaska Division of Governmental Coordination, dated September 18, 1987, to John Preston, re: Withdrawal of Tri-agency Placer Mining Application No. A-873283, SID No. AK870722-14A. r B) Letter from Jerome M. Selby, dated October 1, 1987, to Gary Gustafson, Chief - Division of Land & Water Management, Department of Natural Resources, re: Alaska Coastal Management Program Consistency Review. Transfer of State owned lands to the University of Alaska. Saltery Cove. C) Letter dated October 19, 1987 (with enclosures) to David Hoffman, Commissioner, Alaska Department of Community and Regional Affairs, from Robert H. Pederson, re: 1987 Kodiak Island Borough Population Update. KIBS226340 Planning & Zoning Commission 23 October 21, 1987 Minutes r X. XI XII KIBS226341 COMMISSIONER ANDERSON MOVED TO ACKNOWLEDGE RECEIPT of item A of reports. The motion was seconded and CARRIED by unanimous voice vote. A) Status Report from the Community Development Department. AUDIENCE COMMENTS There were no audience comments. COMMISSIONERS' COMMENTS COMMISSIONER ANDERSON MOVED TO ADOPT THE FOLLOWING FINDINGS OF FACT for the conditional use permit for Case 87-050: 1. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. a) The proposed use resource extraction and base camp activities are located above the mean high water line (MHWL). Areas above the MHWL largely consist of vegetated uplands. The uplands on the northeast portion of Tugidak Island provide valuable bird nesting habitat. b) The proposed extraction activities and supporting upland development will certainly lead to the destruction of some vegetated uplands. c) The removal of vegetation increases the possibility of erosion. d) Development will eliminate valuable nesting habitat. e) There is no identified empirical means of determining if revegetation of disturbed uplands areas is feasible on Tugidak Island. f) The extraction of up to six hundred (600) cubic yards per day of material within a forty (40) acre area, located on a relatively narrow spit, enhances the possibility of the spit breaching. If the spit were to breach, irreparable damage to the lagoon would result. g) The mining claim's area of operations and transportation corridor to the fresh water source are located in an identified harbor seal pupping area of major importance. 2. That the conditional use fulfills all other reauirements of this chapter pertaining to the conditional use in question. The proposed use and support activities will fulfill all other requirements of the C--Conservation Zoning District such as area and setback requirements. Adherence to other Borough ordinances is handled through the zoning compliance and building permit process. 3. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. a) The applicant has not made any arrangements for monitoring of the resource extraction activities for compliance with local, state, and federal permit requirements for placer mining on Tugidak Island. b) The cumulative impacts on placer mining activities on Tugidak Island are of crucial concern. Specifically, the impacts of two (2) mining operators utilizing one (1) fresh water source remain undetermined. It is critical to review and evaluate the potential cumulative impacts of additional human presence, resource extraction activities, base camps, disturbances to wildlife habitat and resources, and operation of equipment prior to issuance of any further conditional use permits for Planning & Zoning Commission 24 October 21, 1987 Minutes resource extraction activities on Tugidak Island. This is particularly important given the scale and location of operations proposed by the applicant. The Planning and Zoning Commission feels that it is essential to more accurately assess and monitor the impacts of the one (1) specific placer mining operation on Claims Numbered 78, 79, 80, and 69 and 70 before further consideration of this conditional use permit. Once the impacts of one (1) placer mining operation are known r-- and assessed, the cumulative impacts of placer mining activities on Tugidak Island can be extrapolated with much greater accuracy. The motion was seconded and CARRIED by unanimous voice vote. COMMISSIONER ANDERSON MOVED TO RECOMMEND that the proposed resource extraction and support activities are inconsistent with the Kodiak Island Borough Coastal Management Program (KIBCMP) for the following reasons: 1. The KIBCMP Specific Use Policy for Land and Water Activities: compatibility has not been met. This policy states: "Compatibility. Activities on and uses of coastal lands shall be compatible with adjacent land use to the greatest extent feasible." The Planning and Zoning Commission denied the conditional use permit for the land use activity of placer mining on Claim Number 50 finding that "the proposed use will not preserve the value, spirit, character, and integrity of the surrounding area." Therefore, the proposed activity is not compatible with adjacent land use and is, by definition, not consistent with this policy. 2. The KIBCMP Specific Use Policy for Mining and Mineral Processing: material sources has not been met. This policy states: "Material Sources Extraction of gravel and other material sources and access to these resources shall be allowed when the impacts to fish and other wildlife can be minimized and the extraction of materials is consistent with 6 AAC 80.110 (Mining and Mineral Processing). The proposed upland resource extraction activities will result in impacts to valuable bird nesting habitat through the destruction/removal of vegetated uplands. These certain impacts and the enhanced possibility of the spit breaching, can only be minimized by not allowing the activity to take place. Moreover, there is no previous data establishing whether the revegetation of disturbed uplands on Tugidak Island is feasible. 3. The KIBCMP Specific Use Policy for resource enhancement and protection: habitat protection has not been met. This policy states: "Habitat Protection. Management of sensitive areas such as estuaries, wetlands, tideflats, beaches, rivers, streams, lake systems and high energy coasts shall be done in accordance with ACMP Standard 6 AAC 80.130 (Habitats). Federal and state regulations shall guide development in anadromous fish streams, in the vicinity of bald eagle nest, and other coastal habitat areas. The Planning and Zoning Commission finds that the proposed resource extraction activities have the long term and cumulative potential r-- to adversely impact the biological, physical, and chemical characteristics of valuable Tugidak Island habitat which supports important fish, shellfish, bird, and marine mammal habitat. By denying a conditional use permit for the proposed resource extraction activities, the Planning and Zoning Commission has determined that possible feasible and prudent steps to maximize conformance with the standards contained in 6 AAC 80.130(b) cannot be developed until such time as more base line data on the actual impacts of placer mining on Tugidak Island is available. This is particularly the case given the location and scale of activities proposed. Once the actual impacts of one placer mining operation near the lagoon are known, the potential cumulative impacts of additional operations can be extrapolated with much greater certainty. KIBS226342 Planning & Zoning Commission 25 October 21, 1987 Minutes 4. The KIBCMP Specific Use Policy for resource enhancement and protection: siting and design has not been met. This policy states: Siting and Design. Development shall be designed, located and built to preserve, to the extent feasible and prudent, natural features. The extraction of six hundred (600) cubic yards per day above the mean high water line (MWHL) within a forty (40) acre claim enhances the possibility of the spit breaching. If the spit were to breach, irreparable harm to the biological resources of the lagoon would result. 5. The consistency with the KIBCMP Specific Use Policy for resource enhancement and protection: natural processes, is debatable. This policy states: "Natural Processes. Estuaries, tideflats, wetlands and lagoons shall be managed so as to assure water flow, natural circulation patterns and adequate nutrient and oxygen levels. Dredging and filling is not permitted in these areas, unless approved by the Community Development Department, U.S. Army Corps of Engineers, and other appropriate state and federal agencies. Upland habitats shall be managed to retain natural drainage patterns, prevent excessive runoff and erosion, surface water quality, and natural groundwater recharge areas." The impacts of multiple placer mining operations on surface water quality is unknown. The motion was seconded and CARRIED by unanimous voice vote. XIII. ADJOURNMENT CHAIRMAN RENNELL adjourned the meeting at 11:37 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By:_— /,i%/�� Robin Heinrichs, Vice Chairman ATTEST Patricia Mil , Secretary Community Development Department DATE APPROVED: �JDL/el" H¢rc f a, 14 8 A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT KIBS226343 Planning & Zoning Commission 26 October 21, 1987 Minutes