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1988-02-17 Regular Meetingr - r.— KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - FEBRUARY 17, 1988 7:30 p.m. AGENDA I CALL TO ORDER II ROLL CALL III APPROVAL OF AGENDA IV MINUTES OF PREVIOUS MEETINGS: Regular Meeting of January 20, 1988 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 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 and January 1988 Regular Meetings) B) CASE 88-004. Request for a variance from Section 17.18.050 (Yards) of the Borough Code to permit a six by eight (6 x 8) foot arctic entry addition onto the existing single-family residence to encroach 3.3 feet into the required 13.3 foot front yard setback in a R1--Single-Family Residential Zoning District on Lot 23, Block 13, Aleutian Homes Subdivision; 712 Mill Bay Road. (Stephen Faust) C) CASE 88-005. Request for a variance from Section 17.60.040 (Business District Signs) of the Borough Code to permit one (1) business establishment to have two (2) signs instead of the one (1) permitted sign in a B--Business Zoning District on Lot 17A, Block 16, Kodiak Townsite; 119 Lower Mill Bay Road (James and Marlys Eggemeyer/Mack's Sport Shop, Inc.) D) CASE 88-006. Request for an exception from Section 17.17.020 (Permitted Uses) of the Borough Code to permit the use of a lot zoned RR1--Rural Residential One for fishing activities (gear storage) when no owner occupied dwelling is present on the property. Lot 11, Block 4, Monashka Bay Alaska Subdivision; 3180 Monashka Bay Road. (Dave Herrnsteen) E) CASE 88-007. Request for Planning and Zoning Commission review of a disposal of Kodiak Island Borough property by lease pursuant to Section 18.20.030 (Review by Planning Commission --Assembly Approval) of the P & Z Regular Meeting Agenda - 1 KIBS226408 February 17, 1988 r-- r— Borough Code. The State of Alaska Department of Fish and Game, Fisheries Research and Enhancement Division, is requesting a twenty-five (25) year lease of approximately five (5) acres for a sockeye salmon hatchery site. The hatchery facilities will include a hatchery building, pens, and a multipurpose structure containing a laboratory and caretaker's residence. Located within a Portion of the NW 1/4 SW 1/4 SW 1/4, Section 30, Township 27 South, Range 19 West, Seward Meridian; Tract C of BLM Tract D, adjoining Pillar Creek on the south side of Monashka Bay Road. (State of Alaska Department of Fish and Game, Fisheries Rehabilitation, Enhancement and Development Division/Kodiak Island Borough) F) CASE 88-008. Request for a conditional use permit in accordance with Section 17.21.030(D) (Conditional Uses) of the Borough Code to permit a single-family residence that comprises less than fifty (50) percent of the area of the structure to locate in a structure containing a permitted business (restaurant) in a B--Business Zoning District on Lot 8, U.S. Survey 3098; 2155 Mill Bay Road. (Filomeno and Ana Bravo) G) CASE S-88-001. Subdivision of Lot 2, Block 7, Miller Point Alaska Subdivision First Addition to Lots 2A and 2B. (Louis R. Wagner, M.D.) H) CASE S-88-002. Vacation of Lots 8A, 9A, and 10A, U.S. Survey 3466 and replat to Lots 9A-1 and 10A-1. (Donald K. Fields) VII OLD BUSINESS VIII NEW BUSINESS A) Request for Planning and Zoning Commission interpretation of whether the definition of "recreational mining activities" utilized by State of Alaska resource agencies falls under the Kodiak Island Borough Code definition of "recreational activities" or "resource extraction activities," and to further define what mining activities fall under the definition of recreational activities of the Borough Code. (Kodiak Island Borough Community Development Department) 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. li a� 11 r Minutes for this meeting are available upon request, call the Community Development Department at 486-5736, extension 256. KIBS226409 P & Z Regular Meeting Agenda - 2 - February 17, 1988 r— KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - FEBRUARY 17, 1988 AGENDA ADDITIONS/DELETIONS ADDITIONS VII OLD BUSINESS A) CASE 87-036. Request to investigate the rezoning of Lot 3, Block 1, Woodland Acres Subdivision; Lot 1, Block 1, Woodland Acres Subdivision 2nd Addition; Tract C-1, U.S. Survey 1682; Tracts E-3 and R-2, U.S. Survey 3218; and Lots 2, 3, and 4, Block 1, Kadiak Alaska Subdivision 1st Addition. (Planning and Zoning Commission) IX COMMUNICATIONS A) Minutes from the October 26 (with attachments) and November 23, 1987 Womens Bay Comprehensive Planning Committee Meeting. B) Alaska Planning Newsletter, February 1988. KIBS226407 Agenda Additions/Deletions - 1 - February 17, 1988 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - FEBRUARY 17, 1988 I. CALL TO ORDER The Regular Meeting of the Planning and Zoning Commission was called to r- order at 7:34 p.m. by Chairman Steve Rennell on February 17, 1988 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Steve Rennell, Chairman Mike Anderson Jon Hartt Robin Heinrichs Tom Handel Mary Lou Knudsen Scott Thompson 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: VII OLD BUSINESS A) CASE 87-036. Request to investigate the rezoning of Lot 3, Block 1, Woodland Acres Subdivision; Lot 1, Block 1, Woodland r- Acres Subdivision 2nd Addition; Tract C-1, U.S. Survey 1682; Tracts E-3 and R-2, U.S. Survey 3218; and Lots 2, 3, and 4, Block 1, Kadiak Alaska Subdivision 1st Addition. (Planning and Zoning Commission) IX COMMUNICATIONS A) Minutes from the October 26 (with attachments) and November 23, 1987 Womens Bay Comprehensive Planning Committee Meeting. B) Alaska Planning Newsletter, February 1988. COMMISSIONER THOMPSON MOVED TO ACCEPT the agenda with the additions 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 January 20, 1988 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. V. APPEARANCE REQUESTS AND AUDIENCE COMMENTS CHRIS PROVOST, representing the Kodiak Audubon Society (KAS), appeared r- before the Commission to address New Business Item A, a request for Planning and Zoning Commission interpretation of whether the definition of "recreational mining activities" utilized by State of Alaska resource agencies falls under the Kodiak Island Borough Code definition of "recreational activities" or "resource extraction activities," and to further define what mining activities fall under the definition of recreational activities of the Borough Code. Mr. Provost stated that KAS was in favor of staff's proposal as presented in the February 10, 1988 staff report recommendation number 3, items (a) through (a). In regards to the staff memorandum dated February 17, 1988, KAS favored a 2 inch diameter intake nozzle, 2 1/4 horsepower motor size, a maximum of 5 cubic yards per day, a sluice box of 4 feet by 10 inches, and a maximum length of time of 90 days. Planning & Zoning Commission 1 KIBS226410 February 17, 1988 Minutes KAS also favored a check in and out system to control the number of people in one area and to minimize cumulative impacts on habitat. There were no further appearance requests or 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 will be returned to the approximate point of origin and recontoured by a bulldozer. The maximum quantities extracted and processed will be three hundred (300) 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 r of Natural Resources) (Tabled from the December 1987 and January 1988 Regular Meetings) COMMISSIONER HARTT MOVED TO REMOVE Case 87-056 from the table. The motion was seconded and CARRIED by unanimous voice vote. BOB PEDERSON indicated 30 public hearing notices were mailed for this case and 1 was returned from the State of Alaska Department of Natural Resources, Division of Land and Water Management stating that they generally comment on these through the Alaska Coastal Management Program process. Mr. Pederson also noted that the applicant's representative had submitted a "Conditional Use Permit Conditions of Approval Work Sheet" which was included with the packet materials. Staff recommended approval of this request, subject to eighteen conditions outlined in the staff report. Regular Session Closed. Public Hearing Opened on the Conditional Use Permit: CHRIS PROVOST, representing the Kodiak Audubon Society (KAS), appeared before the Commission and expressed opposition to this request. KAS also objected to some of the conditions of approval proposed in the staff report, specifically: r 6. 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." CHRIS PROVOST stated that KAS objected because who would decide what was natural and original, and that revegetation has not been found to be successful on the Aleutian Chain. "13. A third party monitoring agency shall be identified to assure compliance with the above conditional use permit conditions." Y,IgS226411 Planning & Zoning Commission 2 February 17, 1988 Minutes CHRIS PROVOST stated that KAS objected to the third party monitoring agency not being identified ahead of time and requested onsite monitoring. 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, as evidenced by onsite inspections, shall be reviewed by the Planning and Zoning Commission." CHRIS PROVOST stated that KAS objected that the Borough Enforcement Officer would not be the onsite monitor and requested that a performance bond be required. CHRIS PROVOST stated that KAS objected also to the following proposed conditions: 7. 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). At a minimum, the fuel storage location shall be relocated so that it does not lie between the mean high water line and the anadromous stream. 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 wheeled aircraft landing areas and supply barges, is permitted. 12. All spoils shall be returned to the point of origin. 17. All nonburnable solid waste shall be transported off Tugidak Island." noting that they were "good" but needed a performance bond. CHRIS PROVOST continued by highlighting objections to staff's findings for the issuance of a conditional use permit with remarks concerning (1) That the conditional use will preserve the value, spirit, character and integrity of the surrounding area; and (3) That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. CHRIS PROVOST also noted specific objections to staff's findings regarding the Kodiak Island Borough Coastal Management Program Habitat Protection. In conclusion, Mr. Provost stated that the decision should be made at the local level as it is within the Kodiak Island Borough's jurisdiction, and that the applicant has not furnished the Kodiak Island Borough with answers to questions presented by various resource agencies (ADF&G, NOAA, and DGC) and that the decision should be postponed until the answers were received. Mr. Provost also noted Senate Bill 475 which was recently introduced by Senator Zharoff recommending that Tugidak Island become classified "critical habitat." BUZZ LOTTSFELDT, representing the applicant, appeared before the Commission and expressed support for this request. Mr. Lottsfeldt stated that the duplicity of language in the conditions of approval ought to be consolidated and made concise. A discussion ensued amongst the Commissioners and Mr. Lottsfeldt regarding condition of approval number 7, concerning the proposed fuel storage area and access. CHRIS PROVOST reappeared before the Commission and stated that it would be best not to cross the stream to access the fuel storage area. KIBS226412 Planning & Zoning Commission 3 February 17, 1988 Minutes A discussion ensued amongst the Commissioners, with input from Community Development Department staff, and Mr. Provost concerning the fuel storage area and access. BUZZ LOTTSFELDT reappeared before the Commission and stated that there would not be equipment crossing the stream daily except during the camp setup timeframe, that most of the traffic would be foot traffic and the operator would probably set up a foot bridge across the stream. DAVE HERRNSTEEN appeared before the Commission and stated that he had made his position clear during a previous public hearing (September 16, 1987) and asked how it was proposed to monitor the conditions of approval. CHAIRMAN RENNELL stated that both a third party monitoring agency and a monitoring plan were required. Public Hearing on the Conditional Use Permit Closed. Regular Session Opened. COMMISSIONER HEINRICHS 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 a Portion of Sections 13 and 26, Township 41 South, Range 31 West, Seward Meridian and Section 30, Township 43 South, Range 35 West, Seward Meridian (approximately 50 acres within Gold Seed Claims numbered 9 and 10) on Tugidak Island. The resource extraction activities will consist of the primary mining activities, base camp, and processing activities on Claim Number 10. 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 three hundred (300) 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. The conditional use permit is subject to the conditions of approval outlined in the staff report dated February 8, 1988, and the Planning and Zoning Commission adopts the findings contained in the staff report dated February 8, 1988, as "findings of fact" for this case. The Preliminary Approval is for the purpose of continuing the review process by the State of Alaska, Office of Management and Budget, Division 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, Division 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. The motion was seconded. KIBS226413 A discussion ensued amongst the Commissioners regarding condition of approval number 7. COMMISSIONER HENDEL MOVED TO AMEND THE MAIN MOTION by deleting the last sentence from condition of approval number 7, "At a minimum, the fuel storage location shall be relocated so that it does not Planning & Zoning Commission 4 February 17, 1988 Minutes lie between the mean high water line and the anadromous stream." Condition of approval number 7 was to read, "7. 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)." The AMENDMENT was seconded and CARRIED by unanimous voice vote. The question was called and the MAIN MOTION AS AMENDED CARRIED by r— majority roll call vote. Commissioners Rennell and Thompson voted "no." Conditional Use Permit Conditions of 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, 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. 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 r Commission. 3. 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. 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. Following completion of resource extraction activities, the mining areas and camps shall be returned to as near natural r - conditions as possible. The mining areas and camp sites shall be recontoured to the original topography and revegetated as appropriate. 7. 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). 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 KIBS226414 Planning & Zoning Commission 5 February 17, 1988 Minutes wildlife. Necessary travel to wheeled aircraft landing areas and supply barges, is permitted. 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. 12. All spoils shall be returned to the point of origin. 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, as evidenced by onsite inspections, shall be reviewed by the Planning and Zoning Commission. 15. 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. 1.6. 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. 17. All nonburnable solid waste shall be transported off Tugidak Island. 18. The applicant shall provide written documentation that the staking conflict with the adjoining claim (ADL 321577) held by Jo Hayes has been resolved. Conditional Use Permit Findines of Fact 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 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 KIBS226415 incorporated into the DGC consistency determination. At the Planning & Zoning Commission 6 February 17, 1988 Minutes r-- 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 three hundred (300) cubic yards per day in an area of less than five (5) acres, under appropriate conditions, should not adversely impact or be detrimental to the value, spirit, character, and integrity of the surrounding area. The cumulative impacts of placer mining activities occurring on Tugidak Island (other than additional human presence) are not foreseen to be a major issue in this case because the applicant proposes to contain all upland activities to the area of the mining claims. All access to and from the mining claims will be from an ocean going barge or planes landing on the beach. 2. That the conditional use fulfills all other requirements 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 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. Tugidak 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 important wildlife habitat. 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. In response to a question from CHAIRMAN RENNELL, BOB PEDERSON noted that staff found the request to be generally consistent with the Kodiak Island Borough Coastal Management Program subject to the three stipulations noted in the staff report. Regular Session Closed. Public Hearing Opened on the KIBCMP review: CHRIS PROVOST, representing the Kodiak Audubon Society (KAS), appeared before the Commission and expressed opposition to this request. Mr. Provost noted, without going into specifics, KAS's previous comments and testimony. Public Hearing Closed on the KIBCMP review. Regular Session Opened. COMMISSIONER ANDERSON 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: Planning & Zoning Commission KIBS226416 7 February 17, 1988 Minutes Kodiak Island 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). r' 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 majority roll call vote. Commissioner Rennell voted "no." Kodiak Island Borough Coastal Management Program - Consistency Review Land and Water Activities 1. Water-Dependent/Water Related Uses. Water -dependent and water -related activities or uses as defined in this plan will 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. 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. r Adjoining areas have valid mining claims. 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. KIBS226417 Planning & Zoning Commission 8 February 17, 1988 Minutes 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: "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 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. r 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 Planning & Zoning Commission 9 February 17, 1988 Minutes 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 r-- (1) offshore areas; (2) estuaries; (3) wetlands and tideflats; (4) rocky islands and seacliffs; (5) barrier islands and lagoons; (6) exposed high energy coasts; (7) rivers, streams, and lakes; and (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: (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 r 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; KIBS226419 Planning & Zoning Commission 10 February 17, 1988 Minutes r— (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 feasible and prudent steps to maximize 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. r 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 KIBS226420 permits for the proposed mining activities. B) CASE 88-004. Request for a variance from Section 17.18.050 (Yards) of the Borough Code to permit a six by eight (6 x 8) foot arctic entry addition onto the existing single-family residence to encroach 3.3 feet into the required 13.3 foot front yard setback in Planning & Zoning Commission 11 February 17, 1988 Minutes r- a R1--Single-Family Residential Zoning District on Lot 23, Block 13, Aleutian Homes Subdivision; 712 Mill Bay Road. (Stephen Faust) BOB PEDERSON indicated 35 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. COMMISSIONER ANDERSON MOVED TO GRANT a request for a variance from Section 17.18.050 of the Borough Code to permit a six by eight (6 x 8) foot arctic entry addition to encroach 3.3 feet into the required 13.3 foot front yard setback in a R2--Two-Family Residential Zoning District on Lot 23, Block 13, Aleutian Homes Subdivision, and to adopt the findings contained in the staff report dated February 3, 1988 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT or conditions applicable to the property or lntenaea use or aevelopmenr, Wnicn generally do not apply to other properties in the same land use t In this case, the exceptional physical condition is the placement of the existing structure on the lot, 13.3 feet from the Lower Mill Bay Road right-of-way. Any addition of an arctic entry will require a variance. The house was built as part of the Aleutian Homes project and during this time arctic entryways were not typically included on structures nor were the Aleutian Homes sited in such a manner as to allow for their addition without encroaching into required setbacks. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. The strict application of the zoning ordinance will not allow the addition of an arctic entry. This is a practical difficulty and unnecessary hardship when many other residences in Aleutian Homes and surrounding subdivisions have arctic entries. 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 addition of this mud room will not block sight distance along Mill Bay Road or for adjoining lots. No off-street parking will be eliminated. A substantial number of other residences in the area have arctic entries and the Commission has granted variances in the past for arctic entry additions. 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 Medium Density Residential Development. The addition will not increase the existing density or permitted land uses. KIBS226421 Planning & Zoning Commission 12 February 17, 1988 Minutes 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 not caused the conditions from which relief is being sought by a variance. The variance will be decided prior to construction of the arctic entry. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Single-family residences are a permitted land use in this district. C) CASE 88-005. Request for a variance from Section 17.60.040 (Business District Signs) of the Borough Code to permit one (1) business establishment to have two (2) signs instead of the one (1) permitted sign in a B--Business Zoning District on Lot 17A, Block 16, Kodiak Townsite; 119 Lower Mill Bay Road (James and Marlys Eggemeyer/hack's Sport Shop, Inc.) BOB PEDERSON indicated 30 public hearing notices were mailed for this case and 1 was 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 HENDEL MOVED TO GRANT a request for a variance from Section 17.60.040 of the Borough Code to permit a second sign advertising Mack's Sport Shop in a B--Business Zoning District on Lot 17A, Block 16, Kodiak Townsite and to adopt the findings contained in the staff report dated February 3, 1988 as "Findings of Fact" for this case. The motion was seconded. A discussion ensued amongst the Commissioners and Community Development Department staff regarding the relationship of the sign placement and the Mill Bay Road right-of-way. It was noted that in future there was a need to verify this data. The question was called and the motion CARRIED by unanimous roll call vote. FINDINGS OF FACT 1. Exceptional physical circumstances or conditions applicable to the nronerty or intended use of development, which generally do not aDDly to other properties in the same land use The exceptional condition applicable to the intended use of this property is largely a perceptual one. Typically, the average business property owner assumes that they may have any number of signs. This is especially true in the case of retail sales, which usually have several signs identifying the business name, products sold, and signs advertising sale prices. This lot also has frontage on two streets and many businesses on corner lots have more than one sign. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would only allow one sign on the property. This is an unnecessary hardship when many other businesses in Kodiak (including many retail KIBS226422 sales outlets) have more than one sign and the Commission has Planning & Zoning Commission 13 February 17, 1988 Minutes granted several variances for more than one sign per business enterprise in the past. 3. The granting of the variance will not result trimental to safetv and welfare. nor Granting of the variance will not be detrimental to the r- public's health, safety or welfare. The sign will not interfere with safe traffic flow along Mill Bay Road or visibility at the Mill Bay Road/Yukon Street intersection. r 4 5. 6. 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 because signs are customarily used to identify business establishments and comprehensive plans do not generally address minor developments such as signs. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. In this instance, actions of the applicant have not caused the conditions from which relief is being sought by a variance. The perception that a business may have any number of signs is widely held in the community. Although the sign has already been erected, staff believes the applicant would have first applied for a variance if the necessity for a variance was known. That the granting of the variance will not permit a prohibited land use in the district involved. Signs are permitted in the B--Business Zoning District. D) CASE 88-006. Request for an exception from Section 17.17.020 (Permitted Uses) of the Borough Code to permit the use of a lot zoned RR1--Rural Residential One for fishing activities (gear storage) when no owner occupied dwelling is present on the property. Lot 11, Block 4, Monashka Bay Alaska Subdivision; 3180 Monashka Bay Road. (Dave Herrnsteen) BOB PEDERSON indicated 32 public hearing notices were mailed for this case and 3 were returned, opposing this request. Staff recommended denial of this request. Regular Session Closed. Public Hearing Opened: DAVE HERRNSTEEN appeared before the Commission and expressed his concerns regarding fishing gear storage, expressing support for this request and opposition to staff's findings, stating that he did not want a permanent exception, and that he had decided to withdraw the request and put his fishing gear on the lot that contains his home. DAVE HERRNSTEEN also noted that the Monashka Bay Comprehensive Plan cites the need to "create a 'light industrial' district that would permit uses like warehousing, fishing gear storage and repair..." and that land needs to be opened up for this usage. CHAIRMAN RENNELL noted that the Planning and Zoning Commission had requested a joint worksession with the Assembly to work on creating light industrial zoned land in Monashka Bay and also to talk about fishing gear storage. JIM McCULLOUGH appeared before desire to expand the discussion. KIBS226423 lived in the Three Sisters Drive Planning & Zoning Commission 14 the Commission and expressed a Mr. McCullough noted that he area of Monashka Bay and that February 17, 1988 Minutes since the time that the Buskin River pot storage area had been closed, numerous lots in his neighborhood had been turned into crab pot storage areas. Mr. McCullough requested that the local governments develop specific areas for fishing gear storage and that proceeds from the raw fish tax be devoted to this development. DAVID OWEN, 2211 Monashka Way, appeared before the Commission and expressed his concern that the Monashka Bay residential areas are /— becoming more commercial through fishing gear storage activities since the close of the Buskin River fishing gear storage area. Mr. Owen noted that the use of roads in the areas by heavy equipment was increasing Service District road maintenance costs and that he felt the heavy equipment operators ought to be assessed more than the residential user for road maintenance. DAVE HERRNSTEEN reappeared before the Commission and expressed support for the City of Kodiak Port Authority to expend some of its $1.5 million for boats and harbors by developing a fishing gear storage area in Swampy Acres. Mr. Herrnsteen stated that it would be good to communicate the public testimony given this evening to the City Council and the Borough Assembly. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS noted that this issue was a community problem - the community needs a central fishing gear storage area. COMMISSIONER HEINRICHS stated that if there was a plan in place, the Commission could give temporary relief, but that otherwise the Commission would need a clear mandate from the Assembly. CHAIRMAN RENNELL noted that since the applicant had withdrawn this request, no further action was necessary. r-- CHAIRMAN RENNELL recessed the meeting for ten minutes. CHAIRMAN RENNELL called the meeting back to order at 9:10 p.m. E) CASE 88-007. Request for Planning and Zoning Commission review of a disposal of Kodiak Island Borough property by lease pursuant to Section 18.20.030 (Review by Planning Commission --Assembly Approval) of the Borough Code. The State of Alaska Department of Fish and Game, Fisheries Research and Enhancement Division, is requesting a twenty-five (25) year lease of approximately five (5) acres for a sockeye salmon hatchery site. The hatchery facilities will include a hatchery building, pens, and a multipurpose structure containing a laboratory and caretaker's residence. Located within a Portion of the NW 1/4 SW 1/4 SW 1/4, Section 30, Township 27 South, Range 19 West, Seward Meridian; Tract C of BLM Tract D, adjoining Pillar Creek on the south side of Monashka Bay Road. (State of Alaska Department of Fish and Game, Fisheries Rehabilitation, Enhancement and Development Division/Kodiak Island Borough) BOB PEDERSON indicated 7 public hearing notices were mailed for this case and none were returned. BOB PEDERSON noted the site plan placed on the wall of the Assembly Chambers, and the memorandum dated February 17, 1988, from the Resource Management Officer. r-- Staff recommended approval of this request. CHAIRMAN RENNELL asked Mr. Pederson if any communications had been received from the City of Kodiak pertaining to this issue since the worksession held on February 10, 1988. Mr. Pederson responded "no." Regular Session Closed. KIBS226424 Public Hearing Opened: LONNIE WHITE, Area Biologist for ADF&G's FRED Division, appeared before the Commission and expressed support for this request. Mr. White noted that the hatchery was intended to be a multipurpose facility; cited the development plans for the hatchery; and noted Planning & Zoning Commission 15 February 17, 1988 Minutes that a gravity flow water source was the preferred method, giving statistics on the water availability at the site. A discussion ensued amongst the Commissioners and Mr. White concerning the gravity flow water source, the conditions contained in the proposed Planning and Zoning Commission resolution, and the outcome of Mr. White's meeting with City Council members. r— ROGER BLACKETT, a property owner in Monashka Bay, appeared before the Commission and expressed support for this request. Mr. Blackett stated that he was very much in favor of this proposal as it has lots of potential benefits to the community of Kodiak. OLIVER HOLM, Secretary of the Kodiak Regional Aquaculture Association, appeared before the Commission and expressed support for this request. Amongst the comments made by Mr. Holm, it was noted that the hatchery could become a tourist attraction, that it could effectively rehabilitate lakes where outfall barriers exist, and it could provide enormous economic benefits to both commercial and sports salmon fishing industries. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO ADOPT Planning and Zoning Commission Resolution 88-01-R granting a twenty-five (25) year lease of approximately five (5) acres for a sockeye salmon hatchery site to the State of Alaska Department of Fish and Game, Fisheries Research and Enhancement Division. The hatchery facilities will include a hatchery building, pens, and a multipurpose structure containing a laboratory and caretaker's residence. Located within a Portion of the NW 1/4 SW 1/4 SW 1/4, Section 30, Township 27 South, Range 19 West, Seward Meridian; Tract C of BLM Tract D, adjoining Pillar Creek on the south side of Monashka Bay Road, pursuant to Section 18.20.030 of the Borough Code, subject to the conditions of approval outlined in Resolution 88-01-R, with the following changes: delete condition numbered three which reads, "The lessee will obtain a cooperative agreement from the City of Kodiak for the use of water in the Pillar Mountain drainage", and changing condition numbered seven to read, "The lessee will provide road maintenance to the bunkhouse and hatchery sites only", and to adopt the findings contained in the staff report dated February 4, 1988 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. It is the responsibility of the lessee to provide a plat of the site. This survey will show existing roads, powerlines, waterlines watercourses, and waterbodies. 2. The lessee will comply with all laws and regulations and acquire all necessary permits prior to development of the site. 3. This lease will terminate if construction has not commenced by January 1, 1992. 4. Upon termination of the lease, the area will be reseeded and returned to a natural state. 5. The City of Kodiak will at all times have access to City reservoirs, pumps, waterlines, and future City property. 6. The lessee will provide road maintenance to the bunkhouse and hatchery sites only. KIBS226425 Planning & Zoning Commission 16 February 17, 1988 Minutes r- FINDINGS OF FACT 1. Is there : interest or public benefit in The proposal is clearly beneficial to the public. Salmon, in this case sockeye (red) salmon, will boost the local economy through commercial fishing. Other sectors of the local economy will also benefit from the project, these include sport fishing and tourism. The project as proposed will also expand the fisheries curriculum at the local college and high school, providing valuable training and experience to local residents. 2. Will the activity proposed be detrimental or injurious to The proposed hatchery will certainly change the character of what currently exists at the site, but it should not be injurious or detrimental to public property. The area has been modified previously with the construction of the Pillar Creek dam, support structures, and access roads. The five acre lease area will conform to Title 17 requirements and provide ample room for the proposed activities. 3. Is such an activity consistent with the goals of the Development at this site, though not identified in the Kodiak Comprehensive Plan or the Monashka Bay Comprehensive Plan, is consistent with the goals of these plans as well as the Kodiak Island Borough Coastal Management Program (please see attached review). KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RESOLUTION 88-01-R A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL OF THE DISPOSAL OF CERTAIN BOROUGH LANDS ALONG PILLAR CREEK TO THE STATE OF ALASKA DEPARTMENT OF FISH AND GAME DIVISION OF FISHERIES REHABILITATION, ENHANCEMENT AND DEVELOPMENT. 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, shall make a recommendation to the Assembly regarding any proposed land disposal; and WHEREAS, the Borough has received a request to lease a minimum of five (5) acres of Borough land for a period of twenty-five (25) years from the State of Alaska Department of Fish and Game Division of Fisheries Rehabilitation, Enhancement and Development for a sockeye salmon hatchery; and WHEREAS, success of this venture will stimulate the local economy, boosting the commercial fishing, sport fishing, and tourism industries; and WHEREAS, a fish hatchery would increase and expand high school and college fisheries curriculums, providing valuable training and experience to local students. NOW, THEREFORE, BE IT RESOLVED that the Kodiak Island Borough Planning and Zoning Commission recommends the lease of a minimum of five (5) acres of Borough owned land for a twenty-five (25) year period for the purpose of a fish hatchery located on a Portion of Tract C, BLM Tract D. BE IT FURTHER RESOLVED that the issuance of the lease be based on the following conditions: 1. It is the responsibility of the lessee to provide a plat of the site. This survey will show existing roads, powerlines, waterlines watercourses, and waterbodies. KIBS226426 Planning & Zoning Commission 17 February 17, 1988 Minutes P_ 2. The lessee will comply with all laws and regulations and acquire all necessary permits prior to development of the site. 3. This lease will terminate if construction has not commenced by January 1, 1992. 4. Upon termination of the lease, the area will be reseeded and returned to a natural state. 5. The City of Kodiak will at all times have access to City reservoirs, pumps, waterlines, and future City property. 6. The lessee will provide road maintenance to the bunkhouse and hatchery sites only. PASSED AND APPROVED this day of , 1988. F) CASE 88-008. Request for a conditional use permit in accordance with Section 17.21.030(D) (Conditional Uses) of the Borough Code to permit a single-family residence that comprises less than fifty (50) percent of the area of the structure to locate in a structure containing a permitted business (restaurant) in a B--Business Zoning District on Lot 8, U.S. Survey 3098; 2155 Mill Bay Road. (Filomeno and Ana Bravo) BOB PEDERSON indicated 24 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 the revised proposed conditions outlined in the staff memorandum dated February 17, 1988. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO GRANT a request for a conditional use permit in accordance with Section 17.21.030(D) of the Borough Code to permit a single-family residence that will not exceed fifty (50) percent of the area of the structure to locate within a commercial structure on Lot 8, U.S. Survey 3098, subject to the conditions of approval outlined in the staff report dated February 8 and the staff memo dated February 17, 1988, and to adopt the findings contained in the staff report dated February 8, 1988 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. The portion of the newly enlarged structure containing the new single-family dwelling unit may be occupied prior to completion of the restaurant provided the existing single-family dwelling unit is not occupied at the same time. The portion of the new structure containing the dwelling unit shall not be occupied unless attached to the existing structure. 2. There shall be access between the dwelling unit and the restaurant without exiting the structure. FINDINGS OF FACT 1. That the co, ter will preserve the value, spirit It appears that the proposed single-family residence meets all the standards for a single-family residence within a commercial structure. The residence will comprise 1,500 square feet (27%) of the 5,500 square foot structure. A residence of this size should not detract from the primary use of this and surrounding properties for commercial purposes. This is particularly true as evidenced by the historical use Planning & Zoning Commission KIBS226427 18 February 17, 1988 Minutes of this business zoned lot for residential purposes, both with and without a business activity located on the site. 2. That the conditional use fulfills all other requirements of This chapter pertaining to the conditional use in question. The use of the lot for a business (restaurant) and a single-family residence will meet all zoning regulations for r- off-street parking, height of structures, setbacks from a major arterial, and the municipal airport regulations. 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 health, safety, convenience, or comfort if all building, fire, and plumbing codes are met and performance standards for groundcover, lighting, and screening are complied with (Section 17.21.050). 4. That sufficient setbacks, lot area, buffers or safeguards are being provided to meet the conditions lis subsections A throueh C of this section. As shown on the site plan, sufficient lot area is available for the structure, required off-street parking, and area for additional parking should the dwelling unit be converted to a commercial land use in the future. G) CASE S-88-001. Subdivision of Lot 2, Block 7, Miller Point Alaska Subdivision First Addition to Lots 2A and 2B. (Louis R. Wagner, M.D.) DAVE CROWE indicated 27 public hearing notices were mailed for this case and none were returned. Staff recommended preliminary approval of this request, subject to three conditions. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO GRANT preliminary approval of the subdivision of Lot 2, Block 7, Miller Point Alaska Subdivision First Addition to Lots 2A and 2B subject to the conditions outlined in the memorandum from the Borough Engineer dated February 8, 1988 and to adopt the findings contained in the memorandum dated February 8, 1988 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. Show the radial bearings for the road right-of-way at the westerly and northerly corners of Lot 2. r- 2. Provide a 10-foot-wide electrical easement along the Antone Way right-of-way to provide for service to Lot 2B by KEA. 3. Relocate the existing accessory building on Lot 2A to conform with Title 17 prior to filing the final plat. FINDINGS OF FACT 1. The proposed subdivision meets the requirements of Title 16. 2. Relocation of the existing accessory building will bring proposed Lot 2A into compliance with Title 17. KIBS226428 Planning & Zoning Commission 19 February 17, 1988 Minutes 3. Provision of the electrical easement along the Antone Way right-of-way is necessary to provide service to Lot 2B due to the curvature of the right-of-way and the existing rock cut occupying the existing right-of-way. H) CASE S-88-002. Vacation of Lots 8A, 9A, and 10A, U.S. Survey 3466 and replat to Lots 9A-1 and 10A-1. (Donald K. Fields) r DAVE CROWE indicated 49 public hearing notices were mailed for this case and none were returned. Staff recommended preliminary approval of this request, subject to one condition. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO GRANT preliminary approval of the vacation of Lots 8A, 9A, and 10A, U.S. Survey 3466 and replat to Lots 9A-1 and 10A-1, subject to the condition outlined in the memorandum from the Borough Engineer dated February 8, 1988, and to adopt the finding contained in the memorandum dated February 8, 1988, as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. CONDITION OF APPROVAL 1. Include a five -foot -wide electrical easement on Lot 9A-1 adjacent to the Beaver Lake Drive right-of-way. r FINDING OF FACT 1. The application for vacation and replat of Lots 8A, 9A, and 10A, U.S. Survey 3466 complies with the provisions to Title 16. VII. OLD BUSINESS A) CASE 87-036. Request to investigate the rezoning of Lot 3, Block 1, Woodland Acres Subdivision; Lot 1, Block 1, Woodland Acres Subdivision 2nd Addition; Tract C-1, U.S. Survey 1682; Tracts E-3 and R-2, U.S. Survey 3218; and Lots 2, 3, and 4, Block 1, Kadiak Alaska Subdivision 1st Addition. (Planning and Zoning Commission) COMMISSIONER ANDERSON requested to be excused due to a potential conflict of interest. CHAIRMAN RENNELL excused COMMISSIONER ANDERSON. LINDA FREED noted the memorandum dated February 17, 1988, distributed to the Planning and Zoning Commission and discussed the reasons that this issue was before the Commission, primarily the interest of property owners in the area to have a definitive answer on the original rezoning request in this case. r--- A discussion ensued amongst the Commissioners and Community Development Department staff regarding the rights of property owners to submit rezoning requests. COMMISSIONER HENDEL MOVED TO rescind the August 19, 1987 Planning and Zoning Commission action on Case 87-036 to kill the investigation of the rezoning of Lot 3, Block 1, Woodland Acres Subdivision; Lot 1, Block 1, Woodland Acres Subdivision 2nd Addition; Tract C-1, U.S. Survey 1682; Tracts E-3 and R-2, U.S. Survey 3218; and Lots 2, 3, and 4, Block 1, Kadiak Alaska Subdivision 1st Addition and the postponement of further action until the comprehensive plan is updated. The motion was seconded and CARRIED by unanimous roll call vote. KIBS226429 Planning & Zoning Commission 20 February 17, 1988 Minutes COMMISSIONER HENDEL MOVED TO rescind the June 17, 1987 Planning and Zoning Commission action on Case 87-036, to table the rezoning of Lot 1, Block 1, Woodland Acres Subdivision 2nd Addition from RR1--Rural Residential One to B--Business. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER KNUDSEN MOVED TO TABLE Case 87-036 to the March 23, 1988, Planning and Zoning Commission regular meeting for another r public hearing. The motion was seconded and CARRIED by unanimous voice vote. There was no further old business. COMMISSIONER ANDERSON returned to the Planning and Zoning Commission. VIII. NEW BUSINESS A) Request for Planning and Zoning Commission interpretation of whether the definition of "recreational mining activities" utilized by State of Alaska resource agencies falls under the Kodiak Island Borough Code definition of "recreational activities" or "resource extraction activities," and to further define what mining activities fall under the definition of recreational activities of the Borough Code. (Kodiak Island Borough Community Development Department) BOB PEDERSON reported that he had contacted three different mining supply agents who referred him to Steve Herschbach as "the expert" in the field. Mr. Herschbach was also contacted and a written response received which was distributed to the Planning and Zoning Commission. A discussion ensued amongst the Commissioners, Community Development Department staff and Val Rader (a member of the audience who had done some recreational mining and was a civil engineer) concerning sluice boxes and suction dredges. COMMISSIONER ANDERSON MOVED TO adopt the following interpretation of recreational mining as meeting the definition of recreational activities for purposes of the zoning code: The following mining activities are defined as a "recreational activity" under Chapter 17.13 of the Kodiak Island Borough Code: 1. The use of hand held equipment such as gold pans, picks, shovels, etc. 2. The use of a sluice box with maximum dimensions of twelve (12) square feet. 3. The use of a suction dredge with an intake hose having an inside diameter not exceeding four (4) inches and a motor not exceeding eight (8) horsepower. All other mining activities that do not meet the three (3) performance standards noted above are defined as "resource extraction activities". The motion was seconded and CARRIED by unanimous roll call vote. B) Senate Bill No. 475 in the Legislature of the State of Alaska Fifteenth Legislature - Second Session. A bill for an act entitled: "An act establishing Tugidak Island critical habitat area, and providing for an effective date." LINDA FREED noted that one of Senator Zharoff's aides called her to solicit input. Ms. Freed asked if the Planning and Zoning Commission would like to make a recommendation to the Assembly on this issue. A discussion ensued amongst the Commissioners and Ms. Freed. The KIBS226430 consensus reached was that the Commission would like further Planning & Zoning Commission 21 February 17, 1988 Minutes r r information on this item at the March 1988 regular meeting. The minimum data to be reviewed included (1) characteristics of critical habitat areas, (2) jurisdiction, and (3) what is and is not allowed in critical habitat areas. COMMISSIONER KNUDSEN MOVED TO ACKNOWLEDGE RECEIPT of Senate Bill No. 475. The motion was seconded and CARRIED by unanimous voice vote. There was no further new business. IX. COMMUNICATIONS COMMISSIONER ANDERSON MOVED TO ACKNOWLEDGE RECEIPT of items A and B of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Minutes from the October 26 (with attachments) and November 23, 1987 Womens Bay Comprehensive Planning Committee Meeting. B) Alaska Planning Newsletter, February 1988. There were no further communications. X. REPORTS 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. A discussion ensued amongst the Commissioners and Community Development Department staff regarding the "nonconsistency project reviews" listed on page four of the departmental status report. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS A discussion ensued amongst the Commissioners and Community Development Department staff concerning crab pot storage. The consensus was to place this item on the agenda under New Business at the Planning and Zoning Commission's March 1988 regular meeting. A discussion ensued amongst the Commissioners and Community Development Department staff regarding the worksession schedule. The consensus was to revise the worksession so that the Planning and Zoning Commission could attend the Womens Bay Community meeting in April. XIII. ADJOURNMENT CHAIRMAN RENNELL adjourned the meeting at 10:40 p.m. ATTEST By: 14zu0 Patricia Miley, Sec e ary Community Developme Department DATE APPROVED: M A4L4G It, , l g 8 8' KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: J` Steve Rennel Chairman KIBS226431 A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT Planning & Zoning Commission 22 February 17, 1988 Minutes