PILLAR CREEK HATCHERY TRACT - ZCP 8/11/2014Kodiak Island Borough
# . Community Development Department
710 Mill Bay Rd. Rm 205
Kodiak AK 99615
Ph. (907) 486 - 9363 Fax (907) 486 - 9396
http://www.kodiakak.us
Zoning Compliance Permit
Print For Submit by Email
18002
Permit No. BZ2015 -023
The following information is to be supplied by the Applicant:
Property Owner/ Applicant: Kodiak Island Borough /Lessee and Agent- Kodiak Regional Aquaculture Association
Mailing Address: 710 Mill Bay Road, Kodiak, AK 99615/104 Center Street, Suite 205, Kodiak, AK 99615
Phone Number: (907) 486 - 9304/(907) 486- 6555/Lee Robbins' Cell (907) 539 -8866
Other Contact email, etc.: Lee Robbins, KRAA Project Manager- Icrobbinsl3 @hotmail.com
Legal Description: Subdv: Pillar Creek Hatchery Tract Block: Lot:
Street Address: 9547 Monashka Bay Road
Use & Size of Existing Structures: Pillar Creek Fish Hatchery and related structures / City pump house
Description of Proposed Action: Expansion of hatchery facility to include demolition of old storage building and construction of a
new 4,750 sq. ft. building to support hatchery operations. Building use: 1,048 sq. ft. office space to support hatchery ops (conditional
use per KIBC 17.50.040.A and 17.45.040.E); 974 sq. ft. crew quarters in support of hatchery ops (permitted accessory use /structure per
KIBC 15.50.030.6); and 1608 sq. ft. storage space to support hatchery ops (permitted accessory use /structure per KIBC 17.50.030).
Site Plan to include: Lot boundaries and existing easements, existing buildings, proposed location of new construction, access points,
and vehicular parking areas.
Staff Compliance Review: Current Zoning: Conservation KIBC 17.50 PROP-11D 18002
Lot Area: 6.604 acres Lot Width: 250' Bld'g Height: 35'
Front Yard: 25 ' Rear Yard: 25 ' Side Yard: 25'
Prk'g Plan Rvw? Yes # of Req'd Spaces: 10
Staff Compliance Review Notes:
Plat / Subdivision Requirements? The Conditional Use Permit (CUP) for this hatchery expansion was granted on June 18, 2014
(Case 14 -019). The conditions of approval of that CUP apply to this project (CUP approval letter with conditions is attached). The CUP
issued by the Borough constitutes written permission for KRAA to erect this structure (see item no. 4 of attached lease).
Note: This is a split zoned tract (C- Conservation and W- Watershed). All construction is within the C- Conservation zoned portion.
Subd Case No. S13 -029 Plat No. 2014 -8 Bld'g Permit No. TBD
Does the project involve
an EPA defined facility?
Driveway
Permit?
Septic Plan
Approval:
Fire
Marshall:
NO If YES, do you have an EPA Return Receipt of N/A
Notification?
"Permit will not be issued until receipt is submitted to
N/A
Any new septic system must be ADEC approved
N/A
Applicant Certification: 1 hereby certify that 1 will comply with the provisions of the Kodiak Island Borough Code and that 1
have the authority to certify this as the property owner, or as a representative of the property owner. I agree to have identifiable
corner markers in place for verification of building setback (yard) requirements.
Attachments? Site Plan
Date: Aug 11, 2014
List Other: Parking plan, CUP approval letter, and lease
Signature: Lee Robbins, KRAA Project Coordinator
This permit is only for the proposed project as described by the applicant. If there are any changes to the
proposed project, including its intended use, prior to or during its siting, construction, or operation, contact
this office immediately to determine if further review and approval of the revised project is necessary.
THIS FORM DOES NOT AUTHORIZE CONSTRUCTION WHEN A BUILDING PERMIT IS REQUIRED.
** EXPIRATION. A zoning compliance permit will become null and void if the building or use authorized by such permit is not
commenced within 180 days from the date of issuance, or if the building construction or use is abandoned at any time, after the
work is commenced, for a period of 180 days. Before such work can be recommenced, a new permit must first be obtained. (Sec.
106.4.4 Expiration. 1997 UBC) per KIBC 17.15.060 A. ** - --
CDD Staff Certification
Date: Aug 11, 2014 CDD Staff: /lack Maker
Payment Verification Zoning Compliance Permit Fee Payable in Cashier's Office Room # 104 - Main floor of Borough Building
After - the -Fact 2X the published amount
Not Applicable
$0.00
$0.00
Less than 1.75 acres:
i—
$30.00
(—
$60.00
1.76 to 5.00 acres:
F—
$60.00
r
$120.00 CO3— %3/q
5.01 to 40.00 acres:
r
$90.000
j—
$180.00
40.01 acres or more:
j—
$120.00
j—
$240.00 PAID
0
AUG l I M4
KODIAK ISLAND BOROUGH
FINANCE DEPARTMENT
PAYMENT DATE
08/11/2014
COLLECTION STATION
CASHIER
RECEIVED FROM
KODIAK REGIONAL
AQUACULTURE ASSO
DESCRIPTION
LESSE- KIB PROPERTY
Kodiak Island Borough
710 Mill Bay Rd.
Kodiak, AK 99615
Zoning Compl I Zoning Compliance Permit
BZ 2015 023
Payments: / Type Detail
Check 7319
Amount
$90.00
Total Amount:
BATCH NO.
2015 - 00000101
RECEIPT NO.
2015 - 00000230
CASHIER
Teresa Medina
$90.00
$90.00
Printed by: Teresa Medina Page 1 of 1 08111/2014 09:05:23 AM
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PUBLIC HEARING ITEM 7 -D
P&Z REGULAR MEETING: JUNE 18, 2014
KODIAK ISLAND BOROUGH
710 MILL BAY ROAD
KODIAK, ALASKA 99615
LEASE AGREEMENT
This lease agreement made on the day, month and year last herein specified, by and between the
Kodiak Island Borough, a municipal corporation existing under the laws of the State of Alaska,
whose mailing address is 710 Mill Bay Road, Kodiak, Alaska 99615, hereinafter "KIB ", and the
State of Alaska, Department of Fish and Game, Division of Administrative Services (ADF &G),
whose mailing address is P.O. Box 115526, Juneau, Alaska 99811 -5526, hereinafter
"TENANT ", was authorized by the Borough Assembly at the regular meeting on April 18, 2013
by Resolution No. FY 2013 -30.
For and in consideration of the mutual covenants and agreements hereinafter stated, the KIB
does hereby agree to lease to TENANT the real property described below on the following terms,
covenants, and conditions.
1. Property. The real property to be leased is legally described as follows:
Pillar Creek Hatchery Tract, consisting of 6,6 acres, according to Plat #2014 -8, Kodiak
Recording District, Alaska as depicted in Appendix A, and including easement
reservations to the State of Alaska described in Appendix B, both of which appendices
are attached and made a part hereof.
2. Term. TENANT shall be entitled to possession of the demised real property for a term of
twenty -five (25) years commencing on May 15, 2014, and ending at midnight on May 14,
2039, unless sooner terminated as provided herein.
TENANT shall have the option to extend the initial term of the lease for up to two (2)
additional five (5) year periods on the same terms and conditions. TENANT may exercise
this option by providing written notification to the KIB at least sixty (60) days prior to the
effective date of termination of this lease agreement or any extension thereof.
Case No. 14 -019 Application Page 11 of 16
PUBLIC HEARING ITEM 7 -D
P &Z REGULAR MEETING: JUNE 18, 2014
3. Rental. TENANT shall pay to KIB the sum of one dollar ($1.00) on or before June 1 of
each year during the term hereof. The rent may be prepaid in full at the time of the signing
of the lease.
4. Land Use. The real property leased shall only be used for fish hatchery purposes and
related activities. No residential structures other than those required by the TENANT and
his employees are permitted. No additional structures are to be erected without written
permission of the KIB.
5. Maintenance of Premises. TENANT shall, at all times, keep and maintain the entire
premises in good repair and in a neat, orderly and sightly condition. TENANT shall provide
proper road maintenance to all facilities associated with the fish hatchery. TENANT shall
not cause or permit any litter, debris, scrap or other materials not having a recognized
commercial value, or usable by TENANT in his business, including garbage, to be
accumulated or stored upon the leased premises. TENANT agrees not to store any items on
the leased premises which do not belong to it. Any abandoned vehicles present on the
property shall be removed by the TENANT not later than ten (10) days after termination of
this lease.
6. Mineral Rights. No mineral rights accrue to the TENANT by the operation of this lease.
7. Right- of -Way. TENANT agrees that the City of Kodiak shall at all times have access to
City reservoirs, pumps, waterlines and future city property on or near the leased property.
KIB expressly reserves the right to grant easements or rights -of -way across the land herein
leased if it is determined to be in the best interest of the KIB to do so, and if it is not
detrimental or inconsistent with the TENANT's use. TENANT shall be compensated for all
improvements which are damaged or destroyed as a result of such easements or rights -of-
way.
8. Waste. TENANT shall not commit waste or injury upon the real property leased herein.
Laws and Regulations. TENANT shall abide by all federal, state and local laws and
regulations including the provisions of the Kodiak Island Borough code dealing with
Buildings (Title 15), Subdivisions (Title 17), and Borough Real Property (Title 18).
TENANT shall acquire all necessary permits prior to development of the site.
10. Inspection. KIB, through authorized employees, may inspect the leased premises at any
reasonable time.
11. Subleasing. TENANT shall not sublease all or any portion of the real property herein
demised without first obtaining the written consent of the KIB; provided, however, that
TENANT may contract for the operation or cooperative operation of the fish hatchery if
authorized by law.
12. Assignment. TENANT shall not assign this lease or the real property, or portion thereof,
herein demised without first obtaining the written consent of the KIB.
Case No. 14 -019 Application Page 12 of 16
PUBLIC HEARING ITEM 7 -D
P&Z REGULAR MEETING: JUNE 18, 2014
13. Modification. This lease may not be modified orally or in any manner other than by an
agreement in writing signed by both of the parties hereto.
14. Termination and Cancellation. This lease may be cancelled, in whole or in part, under
one or more of the following conditions:
A. While in good standing by the mutual agreement in writing of both parties hereto;
B. If issued in error with respect to material fact;
C. If the leased premises are being used for any unlawful purposes;
D. If the TENANT is in default for more than thirty (30) days as provided in Section 15
following;
E. If operational funds are not appropriated for this site by the State of Alaska,
TENANT may terminate lease by giving KIB not less than thirty (30) days written
notice.
15. Default. If the TENANT should default in the performance of any of the terms, covenants
or stipulations herein contained, or violate any of the regulations or ordinances of the
Borough, and said default shall not be remedied within thirty (30) days after written notice
of such default has been served upon the TENANT by the KIB, the TENANT shall be
subject to such legal action as the KIB shall deem appropriate, including, the right of KIB to
immediately reenter and repossess the property with or without judicial process, and
TENANT covenants and warrants that upon demand TENANT will surrender and deliver
quiet possession of the premises to KIB. No improvement may be removed by the TENANT
during any period in which this lease is in default. In the event that this lease shall be
terminated because of a breach of any of the terms, covenants or stipulations contained
herein, the improvements made by the TENANT shall be retained by KIB as liquidated
damages.
16. Notice. Any notice or demand which must be given or made by the parties hereto shall be
in writing and shall be completed by sending such notice or demand by certified mail to the
address which follows:
Borough Manager
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
Alaska Department of Fish & Game
Division of Administrative Services
Procurement Section
P.O. Box 115526
Juneau, Alaska 99811 -5526
Case No. 14 -019 Application Page 13 of 16
PUBLIC HEARING ITEM 7 -D
P &Z REGULAR MEETING: JUNE 18, 2014
17. Surrender of Premises. Upon the expiration, termination or cancellation of this lease,
unless the same has been reinstated, the TENANT shall quietly and peaceably leave,
surrender and yield up to the KIB, all of the leased land on the date of expiration,
termination or cancellation. TENANT agrees to remove all improvements from the lease
premises upon the expiration, termination, or cancellation of this lease, to reseed the
property and to return it to a natural state.
18. Non - Waiver. The receipt of rent by the KIB, with or without knowledge of any breach of
the lease by the TENANT, or any default on the part of the TENANT in observance or
performance of any of the conditions or covenants of this lease, shall not be deemed to be a
waiver of any provision of this lease. No failure on the part of the KIB to enforce any
covenant or provision herein contained nor any waiver of any right hereunder by the KIB,
unless in writing, shall discharge or invalidate such terms or covenants or affect the right of
the KIB to enforce the same in the event any subsequent breach or default.
19. Assumption of Risk: Waiver of Claims. The TENANT hereby assumes full responsibility
for any and all risk of bodily injury, death or property damage caused by or arising out of
the intentional acts, omissions or negligence of the TENANT (and those of its officers,
agents and employees) or arising out of or related to the TENANT's use of or presence on
the premises described in this lease, and waives any claims (of any kind, including attorney's
fees) against KIB for any claim, loss or damage arising out of negligent acts of the
TENANT arising out of TENANT's use or presence on the premises described in this lease.
The parties agree to notify each other of any claim, demand, or lawsuit arising out of or
affecting the TENANT's occupation or use of the premises. Both parties will fully cooperate
in the investigation and litigation of any claim, demand, or lawsuit affecting the premises.
20. Severability. If any clause or provision herein contained shall be adjudged to be invalid by
a court of competent jurisdiction, it shall not affect the validity of any other clause or
provision of this lease, or constitute any cause of action in favor of either party as against
the other.
Case No. 14 -019 Application Page 14 of 16
PUBLIC HEARING ITEM 7 -D
P&Z REGULAR MEETING: JUNE 18, 2014
AGREED TO THIS - - day of N � er, 2014, at Kodiak, Alaska
KODIA LAND R UGH
By: —Z 1-,c 4�
Charles E. Cassidy
Borough Manager
STATE OF ALASKA
ss
THIRD JUDICIAL DISTRICT
THIS IS TO CERTIFY that on the Id day of / V(G't V , 2014, before me the
undersigned, a Notary Public inand for the State of Alaska, dul commissioned and sworn as
such, personally appeared ( harld F, • I v` `� to me known
to be the Manager of the Kodiak Island Borough, a municipal corporation, and known to me
to be the person who executed the within instrument on behalf of the corporation herein
named, and acknowledged to me that he executed the same as a free act and deed of the said
corporation for the uses and purposes herein stated.
WITNESS my hand and notarial seal the day and year first above written.
Notary Public in and for Alasy a
�pJ A dAV/ 9 My commission expires: wl 0 e-e/
Case No. 14 -019 Application Page 15 of 16
STATE OF ALASKA
PUBLIC HEARING ITEM 7 -D
P &Z REGULAR MEETING: JUNE 18, 2014
ALASKA DEPARTM,E,;T OF FISH & GAME
By: }y'G��I.�
John White
Procurement Officer
ss
FIRST JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on the day of pQtL , 2014, before me the
undersigned, a Notary Public ink�°°d for the State of Alaska, duly commissioned and sworn as
such, personally appeared JOtf�r1 �.(,6ft yE to me known
to be the Procurement Manager for the Alaska Department of Fish and Game, and who
executed the foregoing instrument, and acknowledged to me that he executed the same as a
free act and deed of the Alaska Department of Fish and Game, a department of the State of
Alaska.
WITNESS my hand and notarial seal the Zd year first above written. 4
Pub is in an r Alaska
My commission expires:
STATE OF ALASKA
OFFICIAL SEAL
Christopher A. Lewis
NOTARY PUBLIC
My commission Expires With Office
After recording, return to:
Alaska Department of Fish & Game
P.O. Box 115526
Juneau, Alaska 99811 -5526
Attn: Procurement Section, Lands & Leasing Coordinator
Case No. 14 -019 Application Page 16 of 16
June 20, 2014
Kodiak Island Borough
Community Development Department
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486 -9363 Fax (907) 486 -9396
www.kodiakak.us
Robert Scholze, Borough Resource Officer
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
Re: Case 14 -019. Request for Conditional Use Permit to expand the existing Pillar Creek fish
hatchery by constructing a ± 4,750 square foot accessory residential /office /warehouse building
to support fish hatchery operations (KIBC 17.200, 17.50.040.A, and 17.45.040.E).
Dear Mr. Scholze:
The Kodiak Island Borough Planning and Zoning Commission at their meeting on June 18, 2014
granted the conditional use permit request cited above, subject to the following conditions:
1. The natural vegetation immediately surrounding the facility will be preserved to the
maximum extent possible.
2. Residential occupancy shall be limited to employees of Kodiak Regional Aquaculture
Association.
3. Further expansion of the hatchery will require a new or revised Conditional Use Permit.
4. All improvements related to the expansion shall be located on the C- Conservation zoned
portion of the Pillar Creek Hatchery Tract.
THIS APPROVAL DOES NOT ALLOW ANY CONSTRUCTION TO BEGIN. Zoning compliance and /or
a building permit must first be obtained. An approved conditional use permit must be
permitted within a two -year period to be valid. Please contact this office for further details.
According to KIBC 17.200.080:
The commission's action may be appealed to the assembly by any party by filing a written
notice of appeal with the Borough Clerk within twenty (20) calendar days of the Commission's
decision. The notice of appeal must state the specific grounds for the appeal and the relief
sought by the appellant, and is accompanied by the $350 appeal fee. Therefore, the
Commission's decision will not be final and effective until twenty (20) days following the
decision.
This letter shall constitute the conditional use permit. Please bring it when you come to our
office to obtain zoning compliance for any construction on the property.
The Commission adopted the following findings in support of their decision:
FINDINGS OF FACT
1. The conditions of approval will ensure that the conditional use preserves the value, spirit,
character, and integrity of the surrounding area.
2. The conditional use will fulfill all the requirements of the C- Conservation zoning district.
3. The facility will not be harmful to the public health, safety, convenience, or comfort. The
facility is designed in accordance with acceptable engineering standards and will be
constructed, maintained, and operated in accordance with all applicable federal, state, and
local requirements.
4. The facility is located within the boundaries of C- Conservation zoned land that provides for
sufficient setbacks, buffers, and other safeguards.
If you have any questions about the action of the Commission, please contact the Community
Development Department at 486 -9363.
Sincerely,
�Ia_
Robert H. Pederson, AICP
Director, Community Development Department
CC: Lee Robbins, Kodiak Regional Aquaculture Association
Nova Javier, Borough Clerk
Planning and Zoning Commission