1999-10-27 Regular Meeting
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULARMEETING-OCTOBER27,1999
MINUTES
I. CALL TO ORDER
The regular meeting of the Planning and Zoning Commission was called to order at 7:43
p.m. by CHAIR TURNER on October 27,1999 in the Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present
Others Present
Linda Freed, Director
Community Development Dept.
Bob Scholze, Associate Planner
Community Development Dept.
Jennifer Smith, Secretary
Community Development Dept.
-r-
Donna Bell
Bob Himes
Clarence Selig
Walter Stewart
Darlene Turner, Chair
Commissioners Not Present
Roberta Scheidler-Excused
One Vacant Seat
N(W I 8 1999
A quorum was established.
III. APPROVAL OF AGENDA
COMMISSIONER STEWART MOVED TO ACCEPT the agenda as submitted. The
motion was SECONDED by COMMISSIONER SELIG, and CARRIED by unanimous
voice vote.
IV. MINUTES OF PREVIOUS MEETING
COMMISSIONER HIMES MOVED TO ACCEPT the minutes of the September 22,
1999 Planning and Zoning Commission regular meeting, as presented. The motion was
SECONDED by COMMISSIONER STEWART, and CARRIED by unanimous voice
vote.
P & Z Minutes: October 27, 1999
Page I of 12
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were no audience comments or appearance requests.
VI. PUBLIC HEARINGS
A)
Case 99-009. Request for a conditional use permit, in accordance with Section
17.13.040.F. (Conditional Uses) of the Borough Code, to permit non-recreational
mineral extraction activity (placer mining) and related structures in the C-
Conservation zoning district. Located in upland portions (with no more than five
(5) acres actively mined annually) of Sections 7, 8, 9, 17, and 18, T42S, R32W.
Sitkinak Island. (Postponed from September 22,1999 regular meeting).
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BOB SCHOLZE indicated fifteen (15) public hearing notices were mailed for this
case, and none were returned. Staff reported that conditions of approval have
been expanded as indicated in the Supplemental Memorandum dated October 18,
1999. The principle changes were that the CUP be for issued for 5 years instead
of 3 years to coincide with the placer mining permit issued by ADNR, and the
addition of a twelfth condition in which a copy of the annual mining activity
report required by ADNR, would be provided to CDD by the applicant. In
addition, staff further recommended a second motion, which recommends to DGC
that the project be found consistent with the Alaska Coastal Management Program
as well as the KIB Coastal Management Program. The motion also adopts the
findings of fact contained in the staff report supporting the recommended
consistency finding related to specific policies of the KIBCMP. Staff
recommended approval ofrequest subject to twelve (12) conditions of approval.
COMMISSIONER SELIG MOVED TO GRANT a request for a conditional use
permit, in accordance with Section 17.13.040.F of the Borough Code, to permit
non-recreational mineral extraction activity (placer mining) and related structures
in the C-Conservation zoning district on an approximately 50-acre portion of
Sections 7 and 8, T42S, R32W on Sitkinak Island, as indicated on the maps dated
Oct. 13, 1999, subject to the conditions of approval contained in the supplemental
memorandum dated October 18, 1999; and to adopt the findings contained in that
supplemental memorandum as "Findings of Fact" for this case.
CONDITIONS OF APPROVAL:
1.
The conditional use permit is only valid for a period of five (5) years to be
concurrent with the multi-year APMA permit granted by ADNR. At the
end of the five-year period, further resource extraction activities will
require a new conditional use permit from the Planning and Zoning
Commission.
...
P & Z Minutes: October 27, 1999
Page 2 of 12
2. Change or enlargement in the scope, scale, size, methods of operation, or
location of the resource extraction beyond the upland area specifically
designated on the map labeled Attachment 1 provided in response to
agency questions is not permitted without additional CUP review and
approval. Accordingly, the access route will be across Section 7 from
tideland, as indicated on the map dated October 13, 1999, and mining
activities including camp site, water source, fuel storage and dredging and
processing will be confined to the E~, SEY4, SEY4 of Section 7 and the
W~, SWY4, SWY4 of Section 8 (totaling approximately 50 acres), with less
than five (5) acres impacted annually over the permitted five-year period.
3. This conditional use permit is not valid unless the applicant obtains a
positive consistency determination from the State Division of
Governmental Coordination (DGC) and all required State of Alaska and
federal permits for the proposed activity have been issued.
4. Documentation must be provided that the septic system referenced in the
site plan complies with ADEC specifications.
5.
To prevent erosion, scarification of the landscape and damage to wildlife
habitat, all terrain vehicle (ATV) use must be confined to the mining area
and designated access trails.
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6. As recommended by the State Historic Preservation Officer (SHPO),
mining activity shall be stopped immediately should cultural or
paleontological resources be discovered during excavation and the site
protected.
7. Containment is required for fuel storage as referenced in the applicant's
response letter to ADF&G dated September 16, 1999. The fuel tanks will
be contained within a three (3) foot high berm covering a twenty-four by
twenty-four (24' x 24') foot area. A fuel spill contingency plan must be
provided to the Community Development Department (CDD) for review
and approval prior to issuance ofthe CUP.
8. Applicable building permits, to ensure compliance with building and fire
codes must be obtained for structures comprising the mining camp.
9. Following completion of mining activity or expiration of an approved
CUP, all structures and equipment shall be removed within one year and
the mining areas and camp returned to natural conditions, recontoured to
original topography, and reseeded as recommended by the ADNR-
Division of Agriculture.
P & Z Minutes: October 27, 1999
Page 3 of 12
10. All non-burnable solid waste shall be transported off Sitkinak Island.
11. Restrictions and stipulations attached to State and Federal permits related
to this mining activity are incorporated as conditions of this CUP. This
includes adherence to recommendations of ADNR-Division of Agriculture
to avoid conflicts with the existing grazing lease on Sitkinak Island.
12. A copy of the annual mining activity report required by ADNR will be
provided to the CDD to be placed in the file.
FINDINGS OF FACT
17.67.05 A. That the conditional use will preserve the value. spirit. character and
inte~ty of the surroundini area.
',.
The value, spirit, character and integrity are preserved to the extent that this
activity is compatible with other uses in the area. Most of Sitkinak Island is
owned by the State and the only other two uses in the area both exist by virtue of
State lease or permit processes. To carry out the intent of the CUP as prescribed
in KIBC 17.67.060 and to preserve the value, spirit, character and integrity of the
surrounding area, numerous conditions of approval are suggested to control the
scope of the operation and minimize negative impacts and use conflicts. Erosion,
landscape scarification, and degradation of habitat are prevented by a condition
restricting ATV use. Reclamation will be accomplished by filling the working
ponds and recontouring and reseeding to restore the natural state as feasible and
practical. Another condition requires removal of all non-burnable solid waste.
Fuel storage will require containment and a spill contingency plan. Stipulations
addressing habitat protection, maintenance of fish and wildlife resources, and
safeguard of the environment may be further expanded by State agencies with
greater technical knowledge and appropriate expertise as part of Alaska Coastal
Management Program consistency review.
In responding to State resource agency questions, the applicant has demonstrated
an active willingness to satisfy permitting requirements and pursue resolutions to
conflicts. This is consistent with the intent expressed in KIBC 17.67.010 (Intent)
which recognizes that appropriate land uses with potentially greater impacts
should be allowed with application of controls and safeguards to ensure
compatibility with surrounding uses.
17.67.05 B. That the conditional use fulfills all other requirements of this chapter
pertainini to the conditional use in question.
The C-Conservation zoning conditionally permits non-recreational mineral
extraction activities and related structures. Impact on the natural environment will
be minimized and natural features preserved, to the extent feasible and prudent, by
P & Z Minutes: October 27, 1999
Page 4 of 12
the process as proposed and as modified by conditions of approval for this CUP.
Since the project proposes to restore mined areas by refilling working ponds with
stockpiled topsoil and then recontouring and reseeding, existing vegetation
coverage and drainage patterns should be maintained over time. F or the same
reason, excessive runoff and erosion should be prevented. The applicant has
stated that mining will not take place in streams or surface waters, therefore
quality will be maintained, as required.
KIBC 17.13.090 requires that consideration be given to cumulative impacts. The
existing placer mining operation in this area has been largely inactive in recent
years due to economic conditions and international markets. With imposition of a
time period (5 years) and specific area (approximately 50 acres) for this CUP
impacts can be controlled. A reevaluation of the mining operation and its impacts
will be done in five years if the applicant wishes to continue the activities.
Further conditions and controls can be imposed at that time if necessary.
17.67.05 C. That &ranting the conditional use permit will not be harmful to the
public health. safety. convenience and comfort.
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Conditioning this CUP on the review and approval of applicable State and Federal
resource agencies will assure that potential environmental concerns are addressed
by those with the appropriate expertise. There are no rear-round residents in this
area, therefore public health, safety, convenience and comfort will not be
compromised. A condition, which requires that support structures be issued a
building permit, will ensure compliance with applicable building and fire codes
for safety of camp workers. Another condition requires containment around fuel
storage and a spill contingency plan to protect both workers and the environment.
17.67.05 D. That sufficient setbacks. lot area. buffers or other safeguards are
being provided to meet the conditions listed in subsections A through C of this
section.
The extreme remoteness of the mmmg site itself guarantees setbacks and
buffering beyond what are otherwise required for this zoning district. The only
adjacent or nearby uses are an existing placer mining operation to the south and an
existing grazing lease that overlays these mining claims. A condition of approval
requires adherence to recommendations of ADNR-Division of Agriculture to
avoid conflicts with the existing grazing lease on Sitkinak Island.
KIBC 17.13.080.B requires a setback of fifty (50) feet from the bank vegetation of
anadromous fish water bodies. The responses to ADF &G questions state that the
mining camp generally will be more than 500 feet from surface waters, and the
application narrative states that the dredge will operate in working ponds upland
but not in any stream or surface water, satisfying this setback requirement.
P & Z Minutes: October 27, 1999
Page 5 of 12
The motion was SECONDED by COMMISSIONER HIMES.
Regular session closed.
Public hearing opened:
Hearing and seeing none.
Public hearing closed.
Regular session opened:
The question was called and motion CARRIED by unanimous roll call vote.
COMMISSIONER HIMES MOVED TO RECOMMEND to the Alaska
Division of Governmental Coordination that the proposed placer mining operation
(AK 9908-09AA) be found consistent with the Kodiak Island Borough Coastal
Management Program (KIBCMP) and the Alaska Coastal Management Program
(ACMP), and to adopt the findings contained in the staff report dated October 1,
1999 as findings in support of this recommendation.
The motion was SECONDED by COMMISSIONER STEWART.
':a
The question was called and motion CARRIED by unanimous roll call vote.
B) Case 99-010. Request for a conditional use permit, in accordance with Section
17.13.040.H (Conditional Uses) of the Borough Code, to construct a twenty-four
foot by twenty-four foot (24' x 24') building replacing an existing deteriorated
building, for storage of FAA vehicles and supplies to maintain air navigational
aids. Lot 1, U.S. Survey 484, Woody Island.
BOB SCHOLZE indicated fourteen (14) public hearing notices were mailed for
this case, and none were returned for this case. Staff further reported that the one
(1) condition of approval has been satisfied. Staff recommended approval of the
request.
COMMISSIONER STEWART MOVED TO GRANT a request for a conditional
use permit, in accordance with Section 17.13.040.H (Conditional Uses) of the
Borough Code to permit construction of a twenty-four by twenty-four foot (24' x
24') building to serve as a garage/shop to store vehicles, supplies and equipment
for maintenance of air navigational aid facilities, subject to the conditions of
approval contained in the staff report dated October 7, 1999; and to adopt the
findings contained in that staff report as "Findings of Fact" for this case.
P & Z Minutes: October 27, 1999
Page 6 of 12
CONDITIONS OF APPROVAL:
1. Document that right of entry or legal access exists from the road extending
from the dock which is covered by 17b easement (Plat 96-29) to Lot 1,
U.S. Survey 484, covering a distance of approximately 200 feet.
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17.67.05 A. That the conditional use will preserve the value. spirit. character and
integrity of the surrounding area.
The value, spirit, character and integrity of the surrounding area is preserved since
this structure will replace one of similar size that has functioned for many years
supporting maintenance of the FAA air navigational aid facilities on Woody
Island. There will be no negative impact on adjacent uses and the area will be
made safer for general public recreational use.
17.67.05 B. That the conditional use fulfills all other requirements of this chapter
pertaining to the conditional use in question.
,.,.
The C-Conservation zoning district specifically permits transportation and utility
facilities, including support structures, as conditional uses. Impact on the natural
environment will be minimized and natural features preserved to the extent
feasible and prudent. Existing natural vegetation coverage and drainage patterns
will be retained, excessive runoff and erosion will be prevented, and surface water
quality and natural groundwater recharge areas will be maintained and potentially
enhanced by remediation of existing soil contamination.
17.67.05 C. That granting the conditional use permit will not be harmful to the
public health. safety. convenience and comfort.
Granting this conditional use permit will enhance public health and safety by
ensuring maintenance and support for the safe functioning of aircraft navigational
aids. In addition, the overall result of this project will be to eliminate a
dilapidated structure with identified potential health hazards such as lead paint,
asbestos, and contaminated soils near an area of increasing public use, including a
summer camp for children.
17.67.05 D. That sufficient setbacks. lot area. buffers or other safeguards are
being provided to meet the conditions listed in subsections A through C of this
section.
The setbacks required in KIBC 17.13.110.C for nonconforming lots in the C-
Conservation zoning district will be maintained. The size and use of the structure
P & Z Minutes: October 27, 1999
Page 7 of 12
will be comparable to what has existed on this property for many years. By virtue
of distance and water separation from the urban population center, natural
buffering exists. There are no established year-round residences on Woody
Island.
17.67.05 E. If the permit is for a public use or structure. the Commission must
find that the propo!\ed u!\e or !\tmctnre i~ lo~ated in a 1TI~nner which will maximize
public benefits.
The structure will replace one of similar size and function which has served a
public service in support of maintenance of air navigational aids for many years
on this property. Public benefits will be maximized and public safety enhanced.
The motion was SECONDED by COMMISSIONER HIMES.
Regular session closed.
Public hearing opened:
Hearing and seeing none.
"1
Public hearing closed:
Regular session opened.
The question was called and motion CARRIED by unanimous roll call vote.
C) Case 99-011. Request for a Planning and Zoning Commission determination, in
accordance with Section 17.57.050 of the Borough Code, that 10 of the required
21 parking spaces required for the proposed use of the structure located on Lots 5
& 6, Block 4, Airpark Subdivision, can be located on Lot 3, Block 4, Airpark
Subdivision, a lot in common ownership, within six hundred (600) feet. 1718,
1720, and 1812 Mill Bay Road.
LINDA FREED indicated twenty-seven (27) public hearing notices were mailed
for this case, and none were returned for this request. Staff recommended
approval of request subject to four (4) conditions of approval.
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COMMISSIONER HIMES MOVED TO FIND in accordance with Section
17.57.050 of the Borough Code, that ten (10) of the required twenty-one (21)
parking spaces required for the accommodation of used car parking and sales, and
the existing uses located on the first floor of the structure on Lots 5 & 6, Block 4,
Airpark Subdivision, can be located on Lot 3, Block 4, Airpark Subdivision, a lot
in common ownership within six hundred (600) feet, subject to the conditions of
approval contained in the staff report dated September 27, 1999 and to adopt the
findings in that staff report as "Findings of Fact" for this case.
P & Z Minutes: October 27, 1999
Page 8 of 12
CONDITIONS OF APPROVAL:
1. The applicant will identify the ten (10) required parking spaces within the
improved area available on Lot 3 subject to Community Development
Department approval, prior to issuance of zoning compliance permit for
the change in use on Lots 5 & 6, record a deed restriction that reserves the
area identified for the ten parking spaces exclusively for this purpose.
2. Prior to issuance of the zoning compliance permit, signs will be posted on
both Lots 5 & 6 and the parking area on Lot 3 clearly identifying, on Lots
5 & 6, the location of the parking, and on Lot 3, the use which the parking
area supports.
3. Prior to issuance of the zoning compliance permit the designated parking
area reserved by deed restriction will be cleared of all materials, heavy
equipment, and of vehicles not related to everyday business use, and the
ten (10) parking spaces identified by striping or bumper stops as required
by KIBC 17.57.080.H.2.
4.
This revised parking determination nullifies the previous parking plan, and
applies only to this change in use to accommodate used car display and
sales. If further development of the second story of the building is
planned, a new parking plan must be provided and (if necessary) approved
by the Commission.
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FINDING OF FACT
1. At 16,625 square feet, Lots 5 & 6 are fairly small relative to the size of the
large existing two-story structure on the property. With parking code
revisions that have been instituted since the building was constructed, all
available outdoor area on the property has been utilized to support
required parking for the business uses downstairs in the building. The
owner of this old building will be restricted from fully using all of its floor
area without this determination by the Commission. This approval meets
the intent of KIBC 17.57.050 by providing flexibility for the property
owner in the development and use of his property.
The motion was SECONDED by COMMISSIONER SELIG.
Regular session closed.
Public hearing opened:
Hearing and seeing none.
P & Z Minutes: October 27, 1999
Page 9 of 12
Public hearing closed.
Regular session opened.
The question was called and the motion CARRIED by unanimous roll call vote.
VII. OLD BUSINESS
There was no old business.
VIII. NEW BUSINESS
There was no new business.
VIII. COMMUNICATIONS
BOB SCHOLZE indicated that the two communication items had been added to the
agenda since packet review.
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CHAIR TURNER informed the public that comments for the Environmental Impact
Assessment on the Anton Larson Public Access Improvement Project are due November
10, 1999. COMMISSIONER SELIG questioned the effect of cut backs at ADOT on the
maintenance of Anton Larsen Bay Road and the proposed facility. LINDA FREED
replied that if the access facilities are expanded that they will be KIB owned. She also
indicated that she was uncertain, at this time, of ADOT's service level for road
maintenance on Anton Larsen Bay Road for the winter season.
COMMISSIONER HIMES MOVED TO ACKNOWLEDGE RECEIPT of items A
through B of Communications.
* A) Anton Larsen Public Access Improvement Project Newsletter #2-0ctober 8, 1999
from HDR Alaska, Inc.
*B) Letter to Yoram Palkovitch, President of Minex Alaska, Inc., from Bob Scholze,
Associate Planner, RE: CUP-Placer Mining, Sitkinak Island (Case #94-013).
The motion was SECONDED by COMMISSIONER STEWART, and CARRIED by
unanimous voice vote.
There were no further communications.
x.
REPORTS
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LINDA FREED reminded the Commission and invited the public to a joint worksession
with HDR Alaska, Inc. along with representatives from ADOT-Aviation Division to be
ti
P & Z Minutes: October 27. 1999
Page 10 of 12
held on November 3rd at 7:30 p.m. in the Borough conference room for an update on the
State Airport Master Plan.
Linda further reported that the Commission will be reviewing at next month's meeting,
all the previously declared "public" tax foreclosed property in Uyak Bay. Linda also
reported that the Borough Manager reviewed the Commission's recommendation for the
1997 tax foreclosed property, and that the Borough Manager will be recommending to the
Assembly that all parcels will be disposed of at a future KIB land sale, and that none of
the property be retained by the Borough, due to the inability to convert or maintain the
buildings located on the parcels that were recommended by the Commission for public
retention.
Linda announced that the joint worksession with the Assembly, as requested by the
Commission, could not be scheduled until January 2000.
COMMISSIONER SELIG MOVED TO ACKNOWLEDGE RECEIPT of reports.
The motion was SECONDED by COMMISSIONER STEWART, and CARRIED by
unanimous voice vote.
There were no further reports.
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XI.
AUDIENCE COMMENTS
There were no audience comments.
XII. COMMISSIONERS' COMMENTS
COMMISSIONER HIMES cautioned drivers to be careful on the roads since winter is
approaching and hazardous road conditions are prevailing.
COMMISSIONER SELIG commended Chair Turner for her support and help she
provided to the Commission and to the public.
COMMISSIONER STEWART congratulated Chair Turner on her seat on the Assembly.
The Commission thanked Pat Branson, Assembly Representative, for her support at the
last Borough Assembly meeting on the PasagshaklNarrrow Cape Area Plan.
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CHAIR TURNER commended the Commission on all the great work each Commissioner
does for the community. She urged anyone in the public to apply for the vacancies for
either the Borough or City seat on the Planning and Zoning Commission.
P & Z Minutes: October 27, 1999
Page 11 of 12
XIII. ADJOURNMENT
CHAIR TURNER adjourned the meeting at 8:05 p.m.
ATTEST
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By: . -:;
Jenrllfer Smi , Secretary
/6mmuni 'Oevelopment Department
DATE APPROVED: November 17, 1999.
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P & Z Minutes: October 27, 1999
By:
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Cl ence Selig, V'
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