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1988-01-20 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - JANUARY 20, 1988 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 December 16, 1987 V APPEARANCE REQUESTS AND AUDIENCE COMMENTS VI PUBLIC HEARINGS A) CASE 87-056. 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 mining) in a C--Conservation Zoning District within a Portion of Section 13, Township 43 South, Range 35 West, Seward Meridian (approximately 80 acres within Gold Seed Claims Number 9 and 10) on Tugidak Island. The resource extraction activities will consist of the primary mining activities on Claim Number 10 and base camp and processing activities on Claim Number 9. Intertidal beach sands will be extracted by a dragline bucket or loader. The extracted materials will be processed using a power screen concentrator and magnetic separator. Processed materials r will be returned to the approximate point of origin and recontoured by a bulldozer. The maximum quantities extracted and processed will be five hundred (500) cubic yards per day. The extraction activities will be supported by miscellaneous equipment, a base camp, a wastewater disposal system, and fuel and oil supplies associated with placer mining. Approximate base camp and mining activity areas are shown on the public hearing notice maps; 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. (Donald E. Brister/State of Alaska Department of Natural Resources) (Tabled from the December 1987 Regular Meeting) B) CASE 87-068. 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 mining) in a C--Conservation Zoning District within Portions of Sections 23 and 26, Township 41 South, Range 31 West, Seward Meridian; Section 30, Township 42 South, Range 31 West, Seward Meridian; and Sections 25, 27, 28 and 29, Township 42 South, Range 32 West, Seward Meridian (approximately 740 acres within Katherine Claims Number 39 through 43, Sitkinak "B" r Claims Number 2, 3, 4, 6, 7 and 14, and West Beach Claims Number 32 through 40 on Sitkinak Island). The resource extraction activities will consist of: (1) an initial exploratory work phase involving magnetic surveys, seismic surveys, drilling, and testing of the proposed recovery systems to locate the highest concentrates; and (2) extraction activities involving removal of materials by a drag line bucket and/or a gravel pump suspended from the boom of a dragline. Extraction will take place both above and below the mean high water line. The extracted materials will be transported to a portable screening and recovery system consisting of magnetic separators, jigs, spirals, P & Z Regular Meeting Agenda - 1 - KIBS226383 January 20, 1988 and tables. Processed materials will be returned to the approximate point of origin. Maximum quantities extracted and processed will be 2,000 cubic yards per day. The extraction activities will be supported by miscellaneous equipment, base camps, wastewater disposal systems, and fuel and oil supplies associated with placer mining. Approximate base camp and mining claim locations are shown on the public hearing maps; 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. (Yoram Palkovitch/State of Alaska Department of Natural Resources) (Tabled from the December 1987 Regular Meeting) C) CASE 88-001. Request for a variance from Section 17.36.030 (Nonconforming Lots of Record) of the Borough Code to permit a two-family dwelling unit (duplex) to locate on a nonconforming lot of record (substandard lot area and width) instead of a single-family residence only in a R2--Two-Family Residential Zoning District. Lot 75, Block 8, Erskine Subdivision; 415 Mill Bay Road. (William Hall) D) CASE 88-002. Request for a variance from Section 17.13.050(A) (Yards) of the Borough Code to permit a nine by nine (9 x 9) foot accessory building (guard/gate house) to encroach seventy (70) feet into the required seventy-five (75) foot front yard setback in a C--Conservation Zoning District; and a Request for a variance from Section 17.60.030 (Residential District Signs) of the Borough Code to permit five (5) signs totalling one hundred fifty-three (153) square feet for the Baler Facility/Landfill to locate in the C--Conservation Zoning District on Lot 1, U.S. Survey 3945, commonly known as the Sanitary Landfill and Baler Site; 1203 Monashka Bay Road. (Kodiak Island Borough) E) CASE 88-003. Request for an exception from Section 17.18.020 (Permitted Uses) of the Borough Code to permit a penstock, powerhouse, and an underground transmission line for the proposed Larsen Bay Small Hydroelectric Project to locate in a R1--Single-Family Residential Zoning District within a Portion of the East 1/2 East 1/2, Section 31, Township 30 South, Range 29 West, Seward Meridian in Larsen Bay. (City of Larsen Bay/Koniag, Inc./Alaska Power Authority) VII OLD BUSINESS A) REMAND OF CASE S-87-030. Findings of Fact for the granting of preliminary approval for 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 following conditions: 1. Redesign Tract G to include all or none of the power house, in conformance with Title 17 of the Borough Code. r 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. KIBS226384 P & Z Regular Meeting Agenda - 2 - January 20, 1988 t— The applicant has appealed conditions of approval number 2 and 4 to the Kodiak Island Borough Board of Adjustment. The Board of Adjustment has remanded the case to the Planning and Zoning Commission for development of "findings of fact" for this case. (State of Alaska Department of Natural Resources) VIII NEW BUSINESS A) Election of Officers for 1988. B) Appointment of Commissioner to the Kodiak Island Borough Parks and Recreation Committee for 1988. IX COMMUNICATIONS X REPORTS A) Community Development Department Monthly Status 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. 11 l6 EP Minutes for this meeting are available upon request, call the Community Development Department at 486-5736, extension 256. KIBS226385 P & Z Regular Meeting Agenda - 3 - January 20, 1988 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - JANUARY 20, 1988 7:30 p.m. AGENDA ADDITIONS r— V APPEARANCE REQUESTS AND AUDIENCE COMMENTS A) Request for an interpretation of the proposed use associated with a previously granted conditional use permit (Case 85-040). Granted in accordance with Section 17.67.020 of the Borough Code to permit the construction of a business structure that will contain a single-family residence that will not exceed fifty percent of the area of the structure. Lot 2, Block 6, Port Lions Alaska Subdivision. (Peggy and Steve Andresen/Norm Ursin) VII OLD BUSINESS B) CASE 87-060. Request for a variance from Section 17.17.050 (Yards) of the Borough Code to permit a new thirty-six by eighty (36 x 80) foot accessory building located in the front yard to project twenty (20) feet into the required twenty-five (25) foot front yard setback in a RR1--Rural Residential One Zoning District. Lot 3, Block 1, Monashka Bay Alaska Subdivision; 1609 Monashka Circle. (Mike and Bobbie Haggren) REQUEST TABLED FROM DECEMBER MEETING FOR PUBLIC HEARING. NOT SCHEDULED FOR PUBLIC HEARING AS REQUEST WAS WITHDRAWN BY APPLICANT. IX COMMUNICATIONS r A) Letter dated December 18, 1987, to the Kodiak Audubon Society from Robert H. Pederson, re: Appeal of Planning and Zoning Commission Case 87-046; and Decision of the Kodiak Island Borough Board of Adjustment - December 17, 1987. B) Article from the Homer News, dated January 7, 1988: Commission idea would overhaul downtown zoning. C) Letter dated January 19, 1988, to Kurt LeDoux from Robert H. Pederson, re: Planning and Zoning Commission Case 87-058. r- KIBS226392 Agenda Additions/Deletions - 1 - January 20, 1988 r'_ r r KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - JANUARY 20, 1988 I. CALL TO ORDER The Regular Meeting of the Planning and Zoning Commission was called to order at 7:36 p.m. by Chairman Steve Rennell on January 20, 1988 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Steve Rennell, Chairman Mike Anderson Robin Heinrichs Mary Lou Knudsen Scott Thompson Commissioners Absent: Jon Hartt, Excused Tom Hendel, Excused A quorum was established. III. APPROVAL OF AGENDA Others Present: Linda Freed, Director, Community Development Department Bob Pederson, Associate Planner, Community Development Department Patricia Miley, Secretary, Community Development Department Dave Crowe, Borough Engineer Staff reported the following additions to the agenda: V APPEARANCE REQUESTS AND AUDIENCE COMMENTS A) Request for an interpretation of the proposed use associated with a previously granted conditional use permit (Case 85-040). Granted in accordance with Section 17.67.020 of the Borough Code to permit the construction of a business structure that will contain a single-family residence that will not exceed fifty percent of the area of the structure. Lot 2, Block 6, Port Lions Alaska Subdivision. (Peggy and Steve Andresen/Norm Ursin) VII OLD BUSINESS B) CASE 87-060. Request for a variance from Section 17.17.050 (Yards) of the Borough Code to permit a new thirty-six by eighty (36 x 80) foot accessory building located in the front yard to project twenty (20) feet into the required twenty-five (25) foot front yard setback in a RR1--Rural Residential One Zoning District. Lot 3, Block 1, Monashka Bay Alaska Subdivision; 1609 Monashka Circle. (Mike and Bobbie Haggren) REQUEST TABLED FROM DECEMBER MEETING FOR PUBLIC HEARING. NOT SCHEDULED FOR PUBLIC HEARING AS REQUEST WAS WITHDRAWN BY APPLICANT. IX COMMUNICATIONS A) Letter dated December 18, 1987, to the Kodiak Audubon Society from Robert H. Pederson, re: Appeal of Planning and Zoning Commission Case 87-046; and Decision of the Kodiak Island Borough Board of Adjustment - December 17, 1987. B) Article from the Homer News, dated January 7, 1988: Commission idea would overhaul downtown zoning. C) Letter dated January 19, 1988, to Kurt LeDoux from Robert H. Pederson, re: Planning and Zoning Commission Case 87-058. Planning & Zoning Commission KIBS226386 1 January 20, 1988 Minutes IV. V. VI r KIBS226397 COMMISSIONER ANDERSON MOVED TO ACCEPT the agenda with the additions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. MINUTES OF PREVIOUS MEETING COMMISSIONER HEINRICHS MOVED TO ACCEPT the minutes of the December 16, 1987 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. APPEARANCE REQUESTS AND AUDIENCE COMMENTS A) Request for an interpretation of the proposed use associated with a previously granted conditional use permit (Case 85-040). Granted in accordance with Section 17.67.020 of the Borough Code to permit the construction of a business structure that will contain a single-family residence that will not exceed fifty percent of the area of the structure. Lot 2, Block 6, Port Lions Alaska Subdivision. (Peggy and Steve Andresen/Norm Ursin) LINDA FREED noted that Mr. Andresen had been in the office on January 19, 1988, and stated that he was comfortable with the proposed conditions of approval and that he wanted to reiterate that the intention is to turn the entire structure into a lodge in future. Staff recommended that the design and use of the structure generally meets the intent of the fifty (50) percent rule contained in Borough Code Section 17.21.030(D). COMMISSIONER KNUDSEN MOVED TO determine that the design and use of the structure proposed for Lot 2, Block 6, Port Lions Alaska Subdivision meets the intent of Borough Code Section 17.21.030(D), based on the following facts: FINDINGS OF FACT 1. Although both the residence and the lodge portions of the building will utilize a single kitchen and laundry, only one of each is necessary to support both uses, and the provision of the kitchen and laundry are an integral part of the operation of the lodge. 2. The structure has been designed to allow conversion of the entire structure to a lodge as the business expands. CONDITION OF APPROVAL 1. At no time will less than fifty (50) percent of the structure including the kitchen and laundry be dedicated to business uses. The motion was seconded and CARRIED by unanimous voice vote. There were no further appearance requests or audience comments. PUBLIC HEARINGS A) CASE 87-056. 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 mining) in a C--Conservation Zoning District within a Portion of Section 13, Township 43 South, Range 35 West, Seward Meridian (approximately 80 acres within Gold Seed Claims Number 9 and 10) on Tugidak Island. The resource extraction activities will consist of the primary mining activities on Claim Number 10 and base camp and processing activities on Claim Number 9. Intertidal beach sands will be extracted by a dragline bucket or loader. The extracted materials will be processed using a power screen concentrator and magnetic separator. Processed materials will be returned to the approximate point of origin and recontoured by a bulldozer. The maximum quantities extracted and processed will be five hundred (500) cubic yards per day. The extraction activities will be supported by miscellaneous equipment, a base camp, a wastewater disposal system, Planning & Zoning Commission 2 January 20, 1988 Minutes r-- r— and fuel and oil supplies associated with placer mining. Approximate base camp and mining activity areas are shown on the public hearing notice maps; 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. (Donald E. Brister/State of Alaska Department of Natural Resources) (Tabled from the December 1987 Regular Meeting) BOB PEDERSON indicated 31 public hearing notices were mailed for this case and none were returned. Mr. Pederson noted that responses received from the Alaska Department of Fish and Game (ADF&G) and the U.S. Fish and Wildlife Service (USFWS) were included in the packet materials. Staff recommended tabling this request for an additional public hearing at the February regular meeting if the applicant submitted a revised site plan before January 31, 1988. Regular Session Closed. Public Hearing Opened: CHRIS PROVOST, representing the Kodiak Audubon Society (KAS), appeared before the Commission. Mr. Provost applauded staff for recommending tabling this item and stated that KAS adamantly opposed mining on Tugidak as had been stated in public hearings on proposed mining activities for this island since last August (1987). Mr. Provost also stated that KAS supports conditions of approval which would (1) address the ADF&G stipultions for anadromous streams, (2) address the conflicting claims, (3) require the applicant to provide year round third party monitoring, (4) restrict the applicant to specified time limits for these activities, and (5) require the applicant to post a performance bond the amount of which being based on a "worst case scenario." Mr. Provost also stated that more questions needed to be asked of ADF&G and USFWS. COMMISSIONER HEINRICHS noted that this request was somewhat different as it does not propose to utilize the lagoon area and requested to know what specific objections did KAS have to this particular request. CHRIS PROVOST responded that KAS looks at Tugidak Island as a whole and that allowing pockets of human activity disrupts the habitat and the entire ecological environment of Tugidak. The character of the island would be destroyed. RICH MACINTOSH, on his own behalf, appeared before the Commission and expressed support for Mr. Provost's comments regarding this request. Mr. MacIntosh also stated that Tugidak Island is a unique place and "DNR blew it" when it did not withdraw Tugidak from mineral entry. Mr. MacIntosh stated that Tugidak Island needs to be put into a "park or refuge like status." Mr. MacIntosh also stated that if any mining activities were allowed, stipulations need to be placed on any conditional use permit granted by the Kodiak Island Borough and enforced. Amongst the conditions suggested by Mr. MacIntosh were: (1) travel restrictions; (2) no animals introduced; (3) restricted ATV use; (4) no access or utilization of the lagoon area; (5) specific areas for storage of concentrates and placement of structures, making certain that no spoils are placed on the uplands; (6) posting of a performance bond for an amount at least equal to the costs of removing and disposing debris from the activity; and (7) onsite inspections and monitoring from a third party. Mr. MacIntosh also stated that the final review by the Borough was a good idea and that all conditions of approval from Gary Peterson's mining case applied here, except number 6. Planning & Zoning Commission KIBS226388 3 January 20, 1988 Minutes A discussion ensued amongst the Commissioners and Mr. MacIntosh, with input from Community Development Department staff, regarding the amount of concentrates likely to be produced and the staging and storage areas for these concentrates. Public Hearing Closed. Regular Session Opened. r' COMMISSIONER ANDERSON MOVED TO TABLE Case 87-056 to the February 17, 1988 regular meeting for a third public hearing provided a revised site plan is submitted by January 31, 1988. The motion was seconded and CARRIED by unanimous voice vote. A discussion ensued amongst the Commissioners and Community Development Department staff regarding the Department of Interior's recommendation of denial until an Environmental Impact Statement (EIS) is completed. It was noted in this discussion that EIS's are site specific and unless an EIS was completed for the entire island of Tugidak it would not be feasible for two or more applicants to participate in the preparation of an EIS. B) CASE 87-068. 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 mining) in a C--Conservation Zoning District within Portions of Sections 23 and 26, Township 41 South, Range 31 West, Seward Meridian; Section 30, Township 42 South, Range 31 West, Seward Meridian; and Sections 25, 27, 28 and 29, Township 42 South, Range 32 West, Seward Meridian (approximately 740 acres within Katherine Claims Number 39 through 43, Sitkinak "B" Claims Number 2, 3, 4, 6, 7 and 14, and West Beach Claims Number 32 through 40 on Sitkinak Island). The resource extraction activities will consist of: r' (1) an initial exploratory work phase involving magnetic surveys, seismic surveys, drilling, and testing of the proposed recovery systems to locate the highest concentrates; and (2) extraction activities involving removal of materials by a drag line bucket and/or a gravel pump suspended from the boom of a dragline. Extraction will take place both above and below the mean high water line. The extracted materials will be transported to a portable screening and recovery system consisting of magnetic separators, jigs, spirals, and tables. Processed materials will be returned to the approximate point of origin. Maximum quantities extracted and processed will be 2,000 cubic yards per day. The extraction activities will be supported by miscellaneous equipment, base camps, wastewater disposal systems, and fuel and oil supplies associated with placer mining. Approximate base camp and mining claim locations are shown on the public hearing maps; 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. (Yoram Palkovitch/State of Alaska Department of Natural Resources) (Tabled from the December 1987 Regular Meeting) BOB PEDERSON indicated 56 public hearing notices were mailed for this case and none were returned. Responses received from the Alaska Department of Fish and Game (ADF&G) and the U.S. Fish and Wildlife Service (USFWS) were included in the packet materials. Mr. Pederson noted that the USFWS response stated "no objection as proposed." Staff recommended preliminary approval of this request, subject to the nineteen (19) conditions outlined in the staff report. Staff had spoken with Mr. Palkovitch who stated he had no objections to the conditions proposed. KIBS226389 Planning & Zoning Commission 4 January 20, 1988 Minutes COMMISSIONER ANDERSON MOVED TO REMOVE CASE 87-068 FROM THE TABLE. The motion was seconded and CARRIED by unanimous voice vote. Regular Session Closed. Public Hearing Opened: CHRIS PROVOST, representing the Kodiak Audubon Society (KAS), appeared before the Commission and stated that the KAS overall did r" not oppose mining on Sitkinak but did have several concerns. Mr. Provost noted that there was concern with West Beach Claim 32 as it was not contiguous to any other claims and travelling to this claim could cause erosion. Other KAS concerns noted included: (1) anadromous fish streams and the impact of removing water from those streams for mining activities and the impacts to the intertidal areas; (2) wetlands protection per 6 AAC 80.130 Habitats; (3) conflicts with the grazing lease; (4) third party monitoring; (5) performance bond for the cost of removing and disposing any residual debris; and (6) performance bond for the clean up of any fuel spills. P-" RICH MACINTOSH, on his own behalf, appeared before the Commission and stated that proposed condition number 13 ought to include protection of vegetated uplands. Mr. MacIntosh stated that his major concern was the destruction of wetlands and that he would like the Kodiak Island Borough to establish a statement of policy to the effect of "preserving wetlands." Public Hearing Closed. Regular Session Opened. A discussion ensued amongst the Commissioners and Community Development Department staff regarding the wording of condition number 13. COMMISSIONER ANDERSON MOVED TO GRANT preliminary approval for 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 Portions of Sections 23 and 26, Township 41 South, Range 31 West, Seward Meridian and Section 30, Township 42 South, Range 31 West, Seward Meridian and Sections 25, 27, 28, and 29, Township 42 South, Range 32 West, Seward Meridian (approximately 740 acres within Katherine Claims numbered 39 through 43, Sitkinak "B" Claims Numbered 2, 3, 4, 6, 7, and 14, and West Beach Claims Numbered 32 through 40) on Sitkinak Island. The resource extraction activities will consist of: (1) an initial exploratory work phase involving magnetic surveys, seismic surveys, drilling, and testing of the proposed recovery systems to locate the highest concentrates; and (2) extraction activities involving removal of materials by a drag line bucket and/or a gravel pump suspended from the boom of a dragline. Extraction will take place both above and below the mean high water line. The extracted materials will be transported to a portable screening and recovery system consisting of magnetic separators, jigs, spirals, and tables. Processed materials will be returned to the approximate point of origin. Maximum quantities extracted and processed will be 2,000 cubic yards per day. The extraction activities will be supported by miscellaneous equipment, base camps, wastewater disposal systems, and fuel and oil supplies associated with placer mining. The conditional use permit is subject to the conditions of approval outlined in the staff report dated January 15, 1988, and the Planning and Zoning Commission adopts the findings contained in the staff report dated January 15, 1988, as "findings of fact" for this case. Planning & Zoning Commission KIBS226390 5 January 20, 1988 Minutes The Preliminary Approval is for the purpose of continuing the review process by the State of Alaska, Office of Management and Budget, Department of Governmental Coordination, the United States Army Corps of Engineers, and other permitting agencies. As stated in condition of approval number 1, Final Approval will be granted only after the proposed plan has been reviewed and approved by all permitting agencies. However, upon the granting of an Alaska Coastal Management Program consistency determination from the State of Alaska, Office of Management and Budget, Department of Governmental Coordination, and all state and federal permits, the Planning and Zoning Commission and the Kodiak Island Borough Community Development Department shall conduct a final review of the reports of all reviewing agencies and may modify or expand the conditions prior to granting Final Approval. The motion was seconded. COMMISSIONER HEINRICHS MOVED TO AMEND THE MAIN MOTION by changing the wording of condition of approval number 13, as follows: "13. All spoils shall be returned to the point of origin." The AMENDMENT was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HEINRICHS MOVED TO AMEND THE MAIN MOTION by changing the wording of condition of approval number 1, as follows: "1. This conditional use permit is only granted preliminary approval for the purpose of allowing the applicant to continue the application and review process by the State of Alaska, Office of Management and Budget, Department of Governmental Coordination (OMB-DGC), the U.S. Army Corps of Engineers (COE), and other permitting agencies. The granting of an Alaska Coastal Management Program consistency determination from the State of Alaska, Office of Management and Budget, Department of Governmental Coordination, r and all state and federal permits, the Planning and Zoning Commission and the Kodiak Island Borough Community Development Department shall conduct a final review of the reports of all reviewing agencies and may modify or expand the conditions, and may modify or reduce the area covered by the conditional use permit, prior to granting Final Approval." The AMENDMENT was seconded and CARRIED by unanimous voice vote. COMMISSIONER HEINRICHS MOVED TO AMEND THE MAIN MOTION by changing the wording of condition of approval number 15, as follows: "15. 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, as evidenced by onsite inspections, shall be reviewed by the Planning and Zoning Commission." The AMENDMENT was seconded and CARRIED by unanimous voice vote. The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. Conditional Use Permit Conditions of Approval 1. This conditional use permit is only granted preliminary r— approval for the purpose of allowing the applicant to continue the application and review process by the State of Alaska, Office of Management and Budget, Department of Governmental Coordination (OMB-DGC), the U.S. Army Corps of Engineers (COE), and other permitting agencies. The granting of an Alaska Coastal Management Program consistency determination from the State of Alaska, Office of Management and Budget, Department of Governmental Coordination, and all state and federal permits, the Planning and Zoning Commission and the Kodiak Island Borough Community Development Department shall conduct a final review of the reports of all reviewing agencies and may modify or expand the conditions, and may modify or reduce the area covered by the conditional use permit, prior to granting Final Approval. KIBS226391 Planning & Zoning Commission 6 January 20, 1988 Minutes 2. 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. 3. The conditional use permit is not valid unless the applicant obtains a consistency determination from the State of Alaska, r 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. 4. The three (3) year conditional use permit approval time limit shall begin once all required State of Alaska and federal permits are in place and the Planning and Zoning Commission has conducted a final review of the conditions of approval to ensure compliance with the standards necessary for a conditional use permit to be granted and consistency with the policies of the Kodiak Island Borough Coastal Management Program (KIBCMP). 5. 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. 6. Prior to commencement of resource extraction activities in areas above the mean high water line, the overburden and topsoil shall be removed, sorted, and stockpiled for future reclamation. Following completion of resource extraction activities, the mining areas and camps shall be returned to as near natural conditions as possible. The mining areas and camp sites shall be recontoured to the original topography and revegetated as appropriate. 7. For the Sitkinak "B" claims, a specific transportation corridor to the camp areas, fresh water sources, the airstrip, and barge landing points must be identified in conjunction with the ADF&G, DNR, and NMFS and adhered to. 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. Access to and from the Katherine Claims shall utilize the existing road system. 8. Plans and methods for the storage of fuel and oil shall be in accordance with any requirements imposed by the Alaska Department of Environmental Conservation (ADEC). 9. No animals shall be introduced to Sitkinak Island. 10. 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 r-- landing areas, supply barges, base camps, the fresh water source, etc., are permitted. Wherever possible, specific transportation corridors for these activities shall be identified. 11. 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 Sitkinak 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. 12. If the required State of Alaska and federal permits for this proposed activity include any restrictions on the time(s) of KIBS226392 the year during which mining activities shall not take place, Planning & Zoning Commission 7 January 20, 1988 Minutes the conditional use permit shall also not be valid for those time periods. 13. All spoils shall be returned to the point of origin. 14. A third party monitoring agency shall be identified to assure compliance with the above conditional use permit conditions. '-- 15. 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, as evidenced by onsite inspections, shall be reviewed by the Planning and Zoning Commission. Am 16. In accordance with Section 41.35.70(b) of the Alaska Historic Preservation Act, an archeological survey of the areas above the mean high water line in all mining claims shall be carried out by an individual qualified under 36 CFR 800, Part 66, Appendix C, prior to commencement of any exploratory work or mining activities. 17. Pursuant to 11 AAC 86.145(b), in order to avoid conflicts with the existing grazing activities, the applicant shall make provisions under AS 38.05.130 to pay the owners of the grazing lease for any damage that may be caused by the use or development of that location. Written documentation of compliance with this condition of approval shall be filed with the Kodiak Island Borough Community Development Department prior to commencement of any resource extraction activities. 18. If the State and Federal permits contain any restrictions or stipulations associated with work within or use of an anadromous water, those requirements are incorporated into the conditional use permit. For the "West Beach" mining claims, a survey to determine the presence of anadromous species shall be performed prior to any activities. In absence of such a survey, all mining activities on the West Beach claims shall be regulated as if the water sources are anadromous. 19. All nonburnable solid waste shall be transported off Sitkinak Island. Findings of Fact - Conditional Use Permit 1. That the conditional use will preserve the value, spirit, character 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 Sitkinak 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 KIBS226393 Corps of Engineers (COE) and the Environmental Protection Planning & Zoning Commission 8 January 20, 1988 Minutes 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. r-- 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 two thousand (2,000) cubic yards per day, under appropriate conditions, should not adversely impact or be detrimental to the value, spirit, character, and integrity of the surrounding area. 2. That the conditional use fulfills all other requirements of The proposed use and support activities will fulfill all other requirements of the C--Conservation Zoning District such as lot 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. Sitkinak Island is isolated, not generally used by the public, and the resource extraction, under appropriate conditions, can take place in such a manner ~ as to minimize conflicts with the grazing activities currently located on the island. 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. COMMISSIONER KNUDSEN 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: iak Island Borough Coastal Mana rli 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 CARRIED by unanimous roll call vote. KODIAK ISLAND BOROUGH COASTAL MANAGEMENT PROGRAM - CONSISTENCY REVIEW Land and Water Activities KIBS226394 1. Water-Dependent/Water Related Uses. Water -dependent and water -related activities or uses as defined in this plan will Planning & Zoning Commission 9 January 20, 1988 Minutes receive priority for waterfront areas. Uses that are neither water -dependent nor water -related will be considered in shoreline areas only when feasible and prudent inland sites are not available. Consistent: Yes. Placer mining is a water dependent and water related use. r"- 2. Concurrent and Multiple Uses. Undeveloped shoreline areas not needed for other activities shall be available for recreation use, provided that recreation activities are compatible with continued subsistence use of the area. Piers, cargo handling, storage, parking and other waterfront facilities shall be used cooperatively to the extent feasible and prudent in order to achieve maximum utilization of these facilities. The navigable waters around the Kodiak Island Borough shall continue to be available for many users. Consistent: Yes. The resource extraction activity will not preclude recreational use of the shoreline on other than a temporary basis. There should not be any impacts on navigable waters. 3. Compatibility. Activities on and uses of coastal lands shall be compatible with adjacent land use to the greatest extent feasible. Consistent: Yes, to the extent feasible and prudent. Adjoining areas have valid mining claims and virtually all of Sitkinak Island is encumbered '-- by a grazing lease. Possible incompatibilities between the mining activities and the grazing lease activities can be addressed through conditions of approval. In addition, the proposed resource extraction activities require a conditional use permit from the Kodiak Island Borough Planning and Zoning Commission under the Kodiak Island Borough Zoning Ordinance (Title 17). The Planning and Zoning Commission must find that "the proposed use will preserve the value, spirit, character, and integrity of the surrounding area: in order to grant a conditional use permit. Mining and Mineral Processing 1. 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). Consistent: Yes, to the extent that can be determined at the local level. Although the Kodiak Island Borough lacks the inhouse expertise to provide a detailed evaluation of potential impacts to fish and other wildlife. The Planning and Zoning Commission finds that potential impacts will be minimized through the imposition of conditions of approval, restrictions or stipulations placed on the proposed activity through the required State of Alaska and federal permitting processes. 6 AAC 80.110(a) Mining and Mineral Processing, provides that: KIBS226395 Planning & Zoning Commission 10 January 20, 1988 Minutes "Mining and mineral processing in the coastal area must be regulated, designed, and conducted so as to be compatible with the standards contained in this chapter, adjacent uses and activities, statewide and national needs, and district programs." Based on state and local review of previous placer mining r applications consideration of the written and oral submittals for this case, the Kodiak Island Borough Planning and Zoning Commission recommends that potential impacts to fish and other wildlife resources can be minimized through the imposition of appropriate stipulations. The Kodiak Island Borough would endorse any site specific stipulations recommended by the ADF&G, particularly for work in and around anadromous waters. The Planning and Zoning Commission also finds that the scale of the proposed activities are such that the mining activities can be conducted so as to be compatible with the standards contained in the KIBCMP and the ACMP. 2. Gravel Mining Gravel mining shall be consistent with ACMP Standard 6 AAC 80.110 (Mining and Mineral Processing). Consistent: Not applicable. Resource Enhancement and Protection 1. Enhancement. The maintenance and enhancement of fish, wildlife and vegetative resources shall be a priority of the Kodiak Island Borough. Consistent: Yes. The Planning and Zoning Commission recommends that consistency with this policy will be assured through the state, federal and local permitting process. The OMB—DGC is encouraged to incorporate any site specific recommendations of ADEC and ADF&G into the consistency determination for this application. 2. 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. 6 AAC 80.130 Habitats, states: "(a) Habitats in the coastal area which are subject to the Alaska Coastal Management Program include (1) offshore areas; (2) estuaries; (3) wetlands and tideflats; r (4) rocky islands and seacliffs; (5) barrier islands and lagoons; (6) exposed high energy coasts; (7) rivers, streams, and lakes; and KIBS226396 (8) important upland habitat. (b) The habitats contained in (a) of this section must be managed so as to maintain or enhance the biological, physical, and chemical characteristics of the habitat which contribute to its capacity to support living resources. (c) In addition to the standard contained in (b) of this section, the following standards apply to the management of the following habitats: Planning & Zoning Commission 11 January 20, 1988 Minutes (1) offshore areas must be managed as a fisheries conservation zone so as to maintain or enhance the state's sport, commercial, and subsistence fishery; (2) estuaries must be managed so as to assure adequate water flow, natural circulation patterns, nutrients, and oxygen levels, and avoid the discharge of toxic wastes, silt, and destruction of productive habitat; (3) wetlands and tideflats must be managed so as to assure adequate water flow, nutrients, and oxygen levels and avoid adverse effects on natural drainage patterns, the destruction of important habitat, and the discharge of toxic substances; (4) rocky islands and seacliffs must be managed so as to avoid the harassment of wildlife, destruction of important habitat, and the introduction of competing or destructive species and predators; (5) barrier islands and lagoons must be managed so as to maintain adequate flows of sediments, detritus, and water, avoid the alteration or redirection of wave energy which would lead to the filling in of lagoons or the erosion of barrier islands, and discourage activities which would decrease the use of barrier islands by coastal species, including polar bears and nesting birds; (6) high energy coasts must be managed by assuring the adequate mix and transport of sediments and nutrients and avoiding redirection of transport processes and wave energy; and (7) rivers, streams, and lakes must be managed to protect natural vegetation, water quality, important fish or wildlife habitat and natural water flow. (d) Uses and activities in the coastal area which will not conform to the standards contained in (b) and (c) of this section may be allowed by the district or appropriate state agency if the following are established: (1) there is a significant public need for the proposed use or activity; (2) there is no feasible prudent alternative to meet the public need for the proposed use or activity which would conform to the standards contained in (b) and (c) of this section; and (3) all feasible and prudent steps to maximize conformance with the standards contained in (b) and (c) of this section will be taken. (e) In applying this section, districts and state agencies may use appropriate expertise, including regional programs referred to in 6 AAC 80.030(b). (Eff. 7/18/78, Reg. 67) Authority: AS 44.19.161 AS 46.40.040" Consistent: The Planning and Zoning Commission recommends that in general, the proposed placer mining activities can take place in a manner that maintains the biological, physical, and chemical characteristics of the habitat which contribute to its capacity to support living resources [6 AAC 80.130(b)]. The Planning and Zoning Commission further recommends that all KIBS226397 feasible and prudent steps to maximize Planning & Zoning Commission 12 January 20, 1988 Minutes r-- r— r^ conformance with the standards contained in 6 AAC 80.130(b) be incorporated into the annual placer mining permit. The Planning and Zoning Commission and the Kodiak Island Borough lack the expertise to determine which specific "feasible and prudent steps" might be appropriate. The Planning and Zoning Commission endorses any site specific recommendations that are recommended by the ADF&G and the Alaska Department of Environmental Conservation (ADEC) to maintain the habitats in question. 3. Siting and Design. Development shall be designed, located and built to preserve to the extent feasible and prudent natural features. Consistent: Yes, to the extent feasible. Placer mining does involve alteration of natural features. However, replacement of processed materials to the point of origin and reseeding as appropriate should preserve natural features to the extent feasible and prudent. 4. 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. Consistent: Not determined. The Community Development Department assumes these standards will be incorporated into any stipulations attached to the required State of Alaska and federal permits for the proposed mining activities. C) CASE 88-001. Request for a variance from Section 17.36.030 (Nonconforming Lots of Record) of the Borough Code to permit a two-family dwelling unit (duplex) to locate on a nonconforming lot of record (substandard lot area and width) instead of a single-family residence only in a R2--Two-Family Residential Zoning District. Lot 75, Block 8, Erskine Subdivision; 415 Mill Bay Road. (William Hall) BOB PEDERSON indicated 66 public hearing notices were mailed for this case and 5 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. KIBS226398 COMMISSIONER ANDERSON MOVED TO GRANT a request for a variance from Section 17.of the Borough Code to permit a two-family dwelling unit (duplex) to locate on a nonconforming lot of record, Lot 75, Block 8, Erskine Subdivision, in a R2--Two-Family Residential Zoning District, and to adopt the findings contained in the staff report dated as "Findings of Fact" for this case. The motion was seconded. A discussion ensued amongst the Commissioners and Community Development Department staff regarding the public hearing notice Planning & Zoning Commission 13 January 20, 1988 Minutes rl-- respondents' responses and the actual issues involved in this variance request. The question was called and the motion CARRIED by unanimous roll call vote. FINDINGS OF FACT 2 3 n 5. 1 circumstances or conditions applicable to the property or intended use of development, which Reneraliv do not apply to other properties in the same land use srrirr_ The unique conditions applicable to the intended use of development for this case are the substandard lot size and substandard lot width in relationship to the existing R2--Two-Family Residential zoning of the lot. The lot contains 6,817 square feet with an average width of 50.43 feet. Based on these nonconformities, any permitted R2--Two-Family Residential use of the lot other than a single-family residence, requires a variance. The lot was platted with a 6,817 square foot lot size and a 50.43 foot lot width in 1941 and has been zoned R2--Two-Family Residential since at least 1964. Strict application of the zoning ordinances would result in nrartiral AiffirnlYicc nr nnncraccar.. l.a.-A �l.S..� The strict application of the zoning ordinance would only allow the construction of a single-family residence. This is an unnecessary hardship when the lot is zoned R2--Two-Family Residential, the proposed use is permitted in the R2--Two-Family Residential Zoning District, the use is consistent with the comprehensive plan, and all other Title 17 requirements such as off-street parking, setbacks, height of structure, etc., can be met. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the Dublic's health. safetv and welfare_ Granting of the variance should not result in material damage or prejudice to other properties in the area or be detrimental to the public's health, safety, or welfare. The surrounding area is zoned R2--Two-Family Residential, which permits a variety of land uses, including low to medium density residential, offices, clinics, churches, schools, beauty shops, and parks and playgrounds. Current land uses nearby the lot include a single-family residence, a duplex, a vacant lot, and a cemetery. In addition, there are many two-family dwellings in the surrounding neighborhood. A two-family residence will be compatible with both the potential and existing uses for the surrounding area. ectives o of the variance will not be the Comprehensive Plan. he Granting of the variance will not be contrary to the objectives of the Comprehensive Plan which identifies this area for Medium Density Residential Development. of the applicant did not cause or financial hardship from which relief is being sought by the variance. In this case, actions of the applicant have not caused the conditions from which relief is being sought by a variance. The lot was platted in 1941 and is nonconforming with respect to current zoning regulations for lot area and width. The applicant only purchased the lot in 1986. Planning & Zoning Commission KIBS226399 14 January 20, 1988 Minutes 6. That the granting of the variance will not permit a prohibited land use in the district involved. A two-family residence is a permitted land use in the R2--Two-Family Residential Zoning District. D) CASE 88-002. Request for a variance from Section 17.13.050(A) (Yards) of the Borough Code to permit a nine by nine (9 x 9) foot r— accessory building (guard/gate house) to encroach seventy (70) feet into the required seventy-five (75) foot front yard setback in a C--Conservation Zoning District; and a Request for a variance from Section 17.60.030 (Residential District Signs) of the Borough Code to permit five (5) signs totalling one hundred fifty-three (153) square feet for the Baler Facility/Landfill to locate in the C--Conservation Zoning District on Lot 1, U.S. Survey 3945, commonly known as the Sanitary Landfill and Baler Site; 1203 Monashka Bay Road. (Kodiak Island Borough) BOB PEDERSON indicated 26 public hearing notices were mailed for this case and none were returned. Staff recommended approval of these requests. COMMISSIONER HEINRICHS requested to be excused due to a conflict of interest. COMMISSIONER RENNELL excused COMMISSIONER HEINRICHS. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER THOMPSON MOVED TO GRANT a request for a variance from Section 17.13.050(A) of the Borough Code to permit a nine by nine (9 x 9) foot accessory building to encroach seventy (70) feet into the required seventy-five (75) foot front yard setback in a C--Conservation Zoning District on Lot 1, U.S. Survey 3945, and to adopt findings 1A through 6A contained in the staff report dated January 11, 1988 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER THOMPSON MOVED TO GRANT a request for a variance from Section 17.60.030 of the Borough Code to permit five (5) signs totalling one hundred fifty three (153) square feet for the Baler Facility/Landfill to locate in the C--Conservation Zoning District on Lot 1, U.S. Survey 3945 and to adopt findings 1B through 6B contained in the staff report dated January 11, 1988 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT A: For the seventy (70) foot front yard setback encroachment; and B: For the five (5) signs totalling 153 square feet. r. 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 d;ctrirt_ A. The unique condition applicable to the intended use of development is the overall use of the site for a public facility of an industrial nature. A baler, a sanitary landfill, and an asbestos disposal pit are industrial land uses. Typically such uses include a guard house or gate house to control access, collect fees, weigh vehicles, direct traffic, etc. It is also typical for these accessory structures to be located at the entrance to a facility. In this case, the accessory building is KIBS226400 located where the driveway widens out into the "yard" in Planning & Zoning Commission 15 January 20, 1988 Minutes r— r— front of the baler. This is the last point where all traffic must pass in a single lane and the last opportunity to direct, control, and inform the users of the facility. Therefore, the proposed location is physically the only spot where traffic into the facility can be effectively controlled. This physical condition and the intended use of development for an industrial, public facility that serves the entire community justifies the granting of a variance. B. The unique condition applicable to the intended use of development are the multiple uses of the site. The site contains a baler facility, an asbestos disposal site, the sanitary landfill, and a storage area for empty 55 gallon drums. It is reasonable to assume that several signs are necessary to identify each area or structure, identify the owner, give directions around the facility, and to post the hours of operation and facility rules. In addition, many industrial land uses in Kodiak have more than one sign per structure or use. Lastly, it should be noted that although this property is used for industrial activities, the zoning is C--Conservation. Chapter 17.60 (Signs) of the Borough Code is silent as to the number, size, and type of permitted signs in the C--Conservation Zoning District. It is clearly a physical hardship and unique condition to prohibit all signs in the C--Conservation Zoning District. Therefore, staff utilizes the residential district sign requirements in the C--Conservation Zoning District because the C--Conservation Zoning District permit single—family residences. This section would limit the facility to one sign not exceeding thirty square feet, which, for the reasons stated previously, is a hardship for this specific facility. 2. Strict aDplication of the zonine ordinances would result in A. Strict application of the Zoning Ordinance would require the accessory building to be located seventy—five (75) feet from the front property line. This is a practical difficulty and unnecessary hardship because such a location would be beyond the point where traffic entering the site can be controlled, directed, and informed as to the proper use of the site. B. Strict application of the Zoning Ordinance would allow a single thirty square foot sign for this facility. This is a practical difficulty when signs are necessary to post the hours of operation, facility rules, and directions to the various areas on the property. Industrial facilities typically have several signs in Kodiak and the Commission has granted several variances in the past for one facility or business to have multiple signs. 3. The granting of the variance will not result in damages or prejudice to other properties in the vic be detrimental to the public's health, safetv and we. A. Granting of the variance should not be detrimental but rather enhance the public's health and safety. A guard/gate house will help to ensure the proper and safe use of the industrial facility by directing users to the correct areas and regulating the flow of private vehicles, garbage trucks, and heavy equipment on the site. The location of the accessory building will not be damaging to other properties in the area because there is other development in close proximity to the accessory building. Planning & Zoning Commission KIBS226401 16 January 20, 1988 Minutes r_ B. Granting of the variance should not be detrimental to other properties in the area or be detrimental to the public's health, safety, and welfare. Four of the five signs will be mounted on the accessory building and the fifth will be at least ten feet back from the front property line. The signs will be at least seventy-five feet from the driving surface of Monashka Bay Road. Given the size of the overall landfill site and that the majority of surrounding lands are publicly owned, the number and location of the proposed signs should not be detrimental to surrounding areas or the public's health and safety. 4. Thegranting of the variance will not be contrary to the objectives of the Comprehensive Plan. A. Granting of the variance will not be contrary to the objectives of the Comprehensive Plan which identifies this area for a sanitary landfill. A guard/gate house located at the entry to an industrial facility is a typical accessory feature. B. Granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Comprehensive plans do not generally address minor development features such as signs, and the requested number and size of signs will not change the land use of the site. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. A. 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 construction. B. Same as A, above. 6. That the granting of the variance will not permit a prohibited land use in the district involved. A. Accessory buildings are a permitted land use in the C--Conservation Zoning District. B. Signs are a permitted accessory feature for developments in the C--Conservation Zoning District. COMMISSIONER HEINRICHS returned to the Planning and Zoning Commission. E) CASE 88-003. Request for an exception from Section 17.18.020 (Permitted Uses) of the Borough Code to permit a penstock, powerhouse, and an underground transmission line for the proposed Larsen Bay Small Hydroelectric Project to locate in a R1--Single-Family Residential Zoning District within a Portion of the East 1/2 East 1/2, Section 31, Township 30 South, Range 29 West, Seward Meridian in Larsen Bay. (City of Larsen Bay/Koniag, Inc./Alaska Power Authority) BOB PEDERSON indicated 9 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. KIBS226402 Planning & Zoning Commission 17 January 20, 1988 Minutes COMMISSIONER THOMPSON requested to be excused due to a conflict of interest. COMMISSIONER RENNELL excused COMMISSIONER THOMPSON. COMMISSIONER KNUDSEN MOVED TO GRANT a request for an exception from Section 17.18.020 of the Borough Code to permit a hydroelectric project consisting of a penstock, powerhouse, and underground transmission facilities, for the Larsen Bay Small Hydroelectric Project to locate in a R1--Single-Family Residential Zoning r-- District within A Portion of the East 1/2 East 1/2, Section 31, Township 30 South, Range 29 West, Seward Meridian, and to adopt the findings contained in the staff report dated January 8, 1988 as "Findings of Fact" for this case. The motion was seconded. A discussion ensued amongst the Commissioners, Community Development Department staff, Tom Arminski (Alaska Power Authority) and Scott Thompson regarding the impoundment area created by the proposed hydroelectric project. The question was called and the motion CARRIED by unanimous roll call vote. FINDINGS OF FACT 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 will not endanger the public's health, safety or general welfare. The project will provide an alternative source of electricity for the r City of Larsen Bay, which is a benefit to the community's overall general welfare. B. The proposed project will be consistent with the general purposes and intent of Title 17. Exceptions are provided for in Borough Code to permit land uses which are not specifically permitted by zoning district regulations. Water reservoirs and dams, water transmission lines and electric distribution lines and substations are only identified as permitted uses in the Watershed District and there are no areas zoned Watershed in the vicinity of Larsen Bay. This project is consistent with Title 17 because it is identified in the 1984 Comprehensive Plan for Larsen Bay; it will not interfere with the continuation of single-family residences in the district (17.18.010B); and it is unlikely that all areas within the corporate boundaries of Larsen Bay that are zoned R1--Single-Family Residential (approximately 6.5 square miles) will be actually developed with R1--Single-Family Residential uses. C. The proposed use does not appear to adversely impact other properties or uses in the area because all surrounding land is under the same ownership and r. undeveloped. The project location (up to two and one-half miles from the townsite) should provide adequate separation from any other land uses. COMMISSIONER THOMPSON returned to the Planning and Zoning Commission. CHAIRMAN RENNELL recessed the meeting for ten minutes. CHAIRMAN RENNELL reconvened the meeting at 8:50 p.m. VII. OLD BUSINESS KIBS226403 A) REMAND OF CASE S-87-030. Findings of Fact for the granting of preliminary approval for the subdivision of Portions of Unsubdivided Lands within Township 28 South, Range 21 West, Seward Planning & Zoning Commission 18 January 20, 1988 Minutes r- 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 following conditions: 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. The applicant has appealed conditions of approval number 2 and 4 to the Kodiak Island Borough Board of Adjustment. The Board of Adjustment has remanded the case to the Planning and Zoning Commission for development of "findings of fact" for this case. (State of Alaska Department of Natural Resources) DAVE CROWE reported that he had no additional comments. COMMISSIONER KNUDSEN MOVED TO ADOPT THE FOLLOWING FINDINGS OF FACT FOR CASE S-87-030: 1. Unless transmission line and access roadway easements are platted, no record is on file with the Kodiak Island Borough which would provide the necessary information for review of requests for zoning compliance during the building permit issuance process. Therefore, if the easements are not platted, buildings with valid Kodiak Island Borough building permits could be constructed within the easements. 2. The transmission lines and access roadway are integral parts of the entire Terror Lake Hydroelectric Project, and are essential to the operation and maintenance of the facility. 3. Tracts G, H, J, K, and M of the proposed subdivision are contiguous to lands owned by the Kodiak Island Borough, Afognak Native Corporation, and Ouzinkie Native Corporation. 4. The contiguity extends the entire length of easements across lands owned by the Kodiak Island Borough, Afognak Native Corporation, and Ouzinkie Native Corporation, since there are no intervening ownerships not encumbered by easements. 5. Lands within the City of Port Lions across which the transmission line passes are contiguous to either Afognak r Native Corporation land or to each other as the transmission line progresses into Port Lions. The motion was seconded and CARRIED by unanimous roll call vote. B) CASE 87-060. Request for a variance from Section 17.17.050 (Yards) of the Borough Code to permit a new thirty-six by eighty (36 x 80) foot accessory building located in the front yard to project twenty (20) feet into the required twenty-five (25) foot front yard setback in a RR1--Rural Residential One Zoning District. Lot 3, Block 1, Monashka Bay Alaska Subdivision; 1609 Monashka Circle. (Mike and Bobbie Haggren) KIBS226404 Planning & Zoning Commission 19 January 20, 1988 Minutes REQUEST TABLED FROM DECEMBER MEETING FOR PUBLIC HEARING. NOT SCHEDULED FOR PUBLIC HEARING AS REQUEST WAS WITHDRAWN BY APPLICANT. COMMISSIONER ANDERSON MOVED TO ACKNOWLEDGE THAT THE REQUEST WAS WITHDRAWN BY THE APPLICANT. The motion was seconded and CARRIED by unanimous voice call vote. r"' There was no further old business. VIII. NEW BUSINESS A) Election of Officers for 1988. COMMISSIONER ANDERSON MOVED TO NOMINATE Steve Rennell as Chairman for 1988. The motion was seconded. COMMISSIONER HEINRICHS MOVED TO CLOSE THE NOMINATIONS. The motion was seconded and CARRIED by unanimous voice vote. The question was called and the motion CARRIED by unanimous voice call vote. COMMISSIONER KNUDSEN MOVED TO NOMINATE Mike Anderson as Vice Chairman for 1988. The motion was seconded. COMMISSIONER HEINRICHS MOVED TO CLOSE THE NOMINATIONS. The motion was seconded and CARRIED by unanimous voice vote. The question was called and the motion CARRIED by unanimous voice call vote. B) Appointment of Commissioner to the Kodiak Island Borough Parks and r Recreation Committee for 1988. COMMISSIONER ANDERSON MOVED TO APPOINT Mary Lou Knudsen to the Kodiak Island Borough Parks and Recreation Committee for 1988. The motion was seconded and CARRIED by unanimous voice vote. There was no other 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 dated December 18, 1987, to the Kodiak Audubon Society from Robert H. Pederson, re: Appeal of Planning and Zoning Commission Case 87-046; and Decision of the Kodiak Island Borough Board of Adjustment - December 17, 1987. B) Article from the Homer News, dated January 7, 1988: Commission idea would overhaul downtown zoning. C) Letter dated January 19, 1988, to Kurt LeDoux from Robert H. Pederson, re: Planning and Zoning Commission Case 87-058. r X. REPORTS I 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. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS KIBS226405 Planning & Zoning Commission 20 January 20, 1988 Minutes COMMISSIONER ANDERSON welcomed Steve Rennell back as Chairman for the third year. CHAIRMAN RENNELL thanked the other Commissioners for their confidence in his ability as chairman and requested that the Planning and Zoning Commissioners make more of an effort to attend all the worksessions and regular meetings. Chairman Rennell stated that he would like to see the Title 17 rewrite accomplished within the next year as he has no P" intention at this time of resubmitting his name for appointment to the Planning and Zoning Commission again. A discussion ensued amongst the Commissioners with input from Community Development Department staff concerning the Title 17 rewrite. COMMISSIONER HEINRICHS reported that the Board of Adjustment upheld the Planning and Zoning Commission regarding John J. Kerekes' appeal of Case 87-059. A discussion ensued amongst the Commissioners and a request was made for Community Development Department staff to discuss a future date for a joint worksession with the Kodiak Island Borough Assembly. Linda Freed noted that she would talk with the Borough Mayor regarding this item. COMMISSIONER ANDERSON reported that he may be going to Sitkinak Island in February and that it might be possible for him to look at mining claim sites at that time. XIII. ADJOURNMENT CHAIRMAN RENNELL adjourned the meeting at 9:12 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Steve Rennel Chairman ATTEST By: ku-f ti Patricia Miley, ecretary Community Devel pment Department DATE APPROVED: FE'F1�1-41 tq%8' A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT KIBS226406 Planning & Zoning Commission 21 January 20, 1988 Minutes