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2007-09-19 Regular Meeting KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSIO REGULAR MEETING SEPTEMBER 19, 007 MINUTES O ~ ~ [E ~ w [E.,G'~l r-""' -"'"-.1: 11 I I! I I , OCT_25_2007 J 00 BOfWUGH C'-[I~~\'S OFF ICE 4"'1:" /~. ,r CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by CHAIR KING on September 19,2007 in the Borough Assembly Chambers. ROLL CALL " Commissioners Present Excused X X X X X X Absent Others Present David King Gary Carver Brent Watkins Bill Kersch Casey J anz Gary Juenger Vacant Duane Dvorak, Associate Planner Community Development Dept. Sheila Smith, Secretary Community Development Dept. A quorum was established. COMMISSIONER WATKINS MOVED TO EXUSE absent COMMISSIONERS CARVER AND KERSCH. COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous voice vote. APPROVAL OF AGENDA COMMISSIONER JANZ MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER JUENGER, and it CARRIED by unanimous voice vote. APPROVAL OF MINUTES COMMISSIONER WATKINS MOVED TO APPROVE the minutes as submitted. COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS. There were no audience comments or appearance requests. PUBLIC HEARINGS A. Case S08-004. Request for a replat, according to KIBC 16.40, of Tract D-l, and a portion of U.S. Surveys 2261 and 4947 (Plat 93-27) and an unsubdivided portion of U.S. Surveys 2261 and 4947 on Near Island creating Tracts D-IA and D-lB, U.S. Surveys 2261 and 4947 on Near Island including an extension of Dog Salmon Bay Road and creating City Tideland Tract N-50 from a portion of Alaska Tideland Survey 1266. Staff reported (20) public hearing notices were distributed for this case with one response received in favor. The request involves a replat of existing Tract Dl but also adds additional unsubdivided land area to create the 2 parcels, DI-A and DI-B. In addition to the lot creation, there's a dedication ofright-of-way that brings Dog Salmon Bay Rd down to the water line. There is no construction or utility installation required for this subdivision. The plat also proposes to create Tract N-50 to provide for a new ferry terminal. Staff observed zoning boundaries which currently coincide with the lot boundaries that would be altered with the subdivision which staff recommended a condition of approval to initiate a rezone. COMMISSIONER JANZ inquired about cars being able to drive on and off of the ferry. September 19,2007 P & Z Commission Meeting Minutes Page 1 of 5 Dvorak stated they will use a transfer bridge to take the cars on and off that would eliminate the use of the elevator. He also stated that it can't be used for anything other than ferry service. COMMISSIONER JUENGER MOVED TO GRANT preliminary approval for the replat, according to KIBC 16.40, of Tract D-l (Plat 93-27) and an unsubdivided portion of U.S. Surveys 2261 and 4947 on Near Island creating Tracts D-IA and D-IB, U.S. Survey 2261 and 4947 on Near Island including an extension of Dog Salmon Bay Road and creating City Tideland Tract N-50 from a portion of Alaska Tideland Survey 1266, subject to the conditions of approval contained in the staff report dated September 10, 2007, and to adopt the findings in that staff report as "Findings of Fact" for this case. COMMISSIONER JANZ SECONDED the motion. Regular session closed: Public hearing open: Public hearing closed: Regular session open: CONDITIONS OF APPROVAL 1. Subdivider shall initiate a rezone request to conform the applicable zoning districts to the new subdivision pattern that will be created by this plat. In addition, the rezone will also address the provision of an appropriate zoning district to proposed City Tideland Tract N-50. FINDINGS OF FACT 1. Subject to conditions of approval, this plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. Subject to conditions of approval, this plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision ofland that is consistent with adopted Borough plans for this area. The question was called, and it CARRIED 4-0. B) Case 08-007. Request a Conditional Use Permit, according to KIBC 17.67.020.B, to allow non- recreational resource extraction activities and related structures in the C-Conserv'ation zoning district (KIBC 17.13.040.F). Staff indicated (7) public hearing notices were sent out with no responses were received. This operation has been ongoing for about 20 years, and has had a prior Conditional Use Permit. Staff received a Coastal Management Review notice that alerted us to changes taking place. It was through the Coastal Management process that we informed Minex International that a new conditional use permit is required to replace the one that expired years ago. They did make application for this review. Staff did not do a site visit, but we do have the materials submitted that were submitted for the Coastal Management process. Because this request has already went through the Coastal Management process we have the benefit of seeing the responses of the other resource and regulatory agencies involved. This operation has changed over the years, They have described the extent of the resource extraction they plan to do (20-40 acres a year), what kind of equipment they plan to use doing the extraction, and of the extracted material which is primarily beach sand approximately 85% of that material will be replaced to its point of origin. Staff recommended approval with 3 conditions, one of which the permit be good for 5 years. Staff feels that is prudent because things, people, equipment of the operation change. Staff feels it would be better to not give carte blanche approval without some sort of review in the future. The other conditions just require them to comply with all other State and Federal rules, and if any change in the scope they need to come back and go through another public hearing process before they proceed. COMMISSIONER JANZ MOVED TO GRANT a request for A Conditional Use Permit, according to KIBC 17.67.020.B, to allow non-recreational resource extraction activities and related structures in the C- Conservation zoning district (KIBC 17. 13.040.F), subject to the conditions of approval contained in the September 19,2007 P & Z Commission Meeting Minutes Page 2 ofS staff report dated August 21, 2007, and to adopt the findings contained in the staffreport dated August 24,2007 as "Findings of Fact" for Case 08-007. COMMISSIONER WATKINS SECONDED the motion. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: CONDITIONS OF APPROVAL 1. The conditional use permit is valid for a period of five (5) years. At the end of five (5) years, further resource extraction activities will require a one (1) time extension (for 5 years) ofthe conditional use permit based on a review by Community Development Department staff of the activities conducted during the first five (5) years. 2. Any change or enlargement of 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. 3. All applicable state and federal laws, rules, and regulations governing this proposed activity, and all limiting stipulations and conditions attached to such third party approval, are hereby incorporated, by reference, into this local approval. FINDINGS OF FACT 17.67.050 A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. It appears that the scale of operations of the proposed use will preserve the value, spirit, character and integrity of the surrounding area provided certain conditions are adhered to. The Commission recognizes that Sitkinak Island contains important wildlife habitat and that this must be considered in evaluation of a conditional use permit for resource extraction activities. Although the Borough lacks the 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. The recommendations of all state resource agencies having jurisdiction (e.g., ADEC, ADF&G, DNR) are considered and incorporated into the DGC consistency determination. At the federal level, conditions or stipulations can be attached to the required permits from the U.S. Army Corps of Engineers (COE) and the Environmental Protection Agency (EP A). 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.). 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 excavating 750,000 cubic yards of material, stock piling overburden and reclaiming disturbed area, under appropriate conditions, should not adversely impact or be detrimental to the value, spirit, character, and integrity of the surrounding area. 17.67.050 B. 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. 17.67.050 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. September 19, 2007 P & Z Commission Meeting Minutes Page 3 ofS The proposed use should not be harmful to the public's health, safety, convenience, or comfort. Sitkinak Island is isolated and not generally used by the public. Resource extraction, under appropriate conditions, can take place in such a manner as to minimize conflicts with the grazing activities currently located on the island. Most importantly, placer mining requires an extensive state and federal review and permitting process. The proposed mining activity has been found consistent with the KIBCMP and the ACMP. This extensive review process will ensure protection of the public's health, safety, and general welfare. 17.67.050 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. This mining operation has been reviewed periodically and has not been changed significantly since the original CUP was granted by the Commission in Case 87-068. The applicant has obtained all required permits and reviews at all levels of government. Since the scope ofthe project has not changed substantially since the original approval, the setbacks, lot areas, buffers and other safeguards imposed on this project should still be adequate to ensure the project complies with the conditions listed in subsections A through C of this section. 17.67.050 E. If the permit is for a public use or structure, the commission must find that the proposed use or structure is located in a manner, which will maximize public benefits. Not applicable. The question was called, and it CARRIED 4-0. OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. COMMUNICA nONS COMMISSIONER JANZ MOVED TO ACKNOWLEDGE receipt of communication items A - E as submitted. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED by unanimous voice vote. REPORTS Meeting schedule: · October 10,2007 work session at 7:30 p.m. in the KIB Conference Room . October 17,2007 regular meeting at 7:30 p.m. in the Assembly Chambers Dvorak stated the public hearing for the Draft Comprehensive Plan is on the October agenda. Additional work has been done on the maps and narrative with the goal to obtain a complete draft of the plan by the end of the month. He also stated Bud Cassidy is in Fairbanks attending the LEPC/SERC meetings and will be back next week. COMMISSIONER WATKINS MOVED TO ACKNOWLEDGE receipt of reports. COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS There were no audience comments. COMMISSIONERS' COMMENTS COMMISSIONER JANZ inquired about if the Womens Bay Comp Plan has been approved by the Assembly yet. She also said community members have concerns about using the high quality land on Near Island for government buildings. That wouldn't add to our tax base. September 19, 2007 P & Z Commission Meeting Minutes Page 4 ofS Dvorak stated it was adopted earlier this year, and he believes there are still some minor edits to be made before it is published. He also said if there are still corrununity concerns, now is the time to bring them up. COMMISSIONER JUENGER thanked staff for their efforts of pulling things together for this meeting. COMMISSIONER WATKINS stated he will not be in town for the month of October. CHAIR KING stated he will not be here for the October 17th meeting. ADJOURNMENT COMMISSIONER JANZ MOVED TO ADJOURN the meeting. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED by unanimous voice vote. CHAIR KING ADJOURNED the regular meeting at 8:15 p.m. ATTEST KODIAK ISLAND BOROUGH PL:yNN::p~I~ON (}o.V') UJ..Yl"f c. t By: \91~~Qn ~~ Sheila Smith, Secretary Corrununity Development Department DATE APPROVED: October 17,2007 September 19, 2007 P & Z Commission Meeting Minutes Page 5 of 5 l I ii