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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 0 "T t— 0 2i cli Lu C(5 Lli CD z Z < W Z F- L) —i LLJ CO D D CD LU Q� N 39Vd 83AOO A83HOIVH R H3380 HVIlld 01 LL rT P(MJ + L-f-ASF- PEI 0 CD m 0 7O .9 CL CL C;) C? 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I 1 / r ) / 3 d s w a d o C, °a H m C7 x U m Z W N O X W 00 9� all .� -p c a N d- n� U 1 dl:.g NTH RI II I s as 1 V W I 8� W n I 1 i7 m 1 1 I 1 I I I I I 1 � 1 W 0 0 L 1 P-4 t4 �qN It cn ' z x U a 'Z axF it � ti �A� o ' WNE, F,F"F°�A oa Q' IQ In 'i a VFw�oA� 14 y 1 i 1 1 1 I I I I I 1 1 1 I 1 1 1 1 I 1 1 � r CQ e0 0 �6 d S ! . dd� L� G 1 I i I I I I 1 I II O I 1 1 1 I 00 I I I 1 it all .� -p 1 I d- n� dl:.g NTH RI II I s as 1 1 � Nast � z I 8� .� � OW 11 -A'i I I i I I I I 1 I II O I 1 1 1 I 00 I I I 1 it O 1 I d- ense as, dl:.g NTH RI II I s as O o col $sm N Iry.I O 00 �OI z zz zll I o i I I I I O co 0 m m m m a C 0 U CL CL rn 9 O Z N U 0"3- r- C:) 2 cli Lu F— — 06 (D LU z Z � < LLJ Z F- Lu LLJ 10 2i CD LU ll� N .11 w tz fl _t!€. ]q p it, la It L ig lv% al c 6 6 a 0 0 tL) cm m 0 7� .S—) CL CL rn O CD Z cu C) 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