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2005-06 Public Review Draft to DNR for Kodiak Area Plan for AK State LandsA RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY ADOPTING COMMENTS AND RECOMMENDATIONS ON THE DEPARTMENT OF NATURAL RESOURCES REVISIONS AND ISSUE RESPONSE SUMMARY RELATING TO THE PUBLIC REVIEW DRAFT OF THE KODIAK AREA PLAN FOR ALASKA STATE LANDS WHEREAS, the Kodiak Island Borough (KIB) Planning and Zoning Commission reviewed and adopted a letter and comment matrix (Attachment "A ") on September 15, 2004; and WHEREAS, the KIB Parks and Recreation Committee reviewed and adopted a letter and comment matrix, with amendments, on September 14, 2004; and WHEREAS, the KIB Assembly has until October 8, 2004 to submit its comments on the Kodiak Area Plan for Alaska State Land; and WHEREAS, the letter and matrix previously adopted by the KIB Planning and Zoning Commission and Parks and Recreation Committee provides substantial comment and recommendations regarding the Kodiak Area Plan for Alaska State Lands; and WHEREAS, these recommendations may form the basis for further comments by the KIB Administration and Assembly; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the attached letter dated September 1, 2004 and the attached matrix (Attachment "A ") shall serve as the Kodiak Island Borough's comments and recommendations on the Department of Natural Resources' Revisions and issue Response Summary relating to the Public Review Draft of the Kodiak Area Plan for Alaska State Lands. ATTEST: � - �-�,,� udith Nielsen r MC, Borough Clerk Kodiak Island Borough, Alaska KODIAK ISLAND BOROUGH RESOLUTION NO. FY 2005 -06 Introduced by: Manager Carlson Requested by: Manager Carlson Drafted by: Community Development Introduced: October 7, 2004 Adopted: October 7, 2004 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SEVENTH DAY OF OCTOBER 2004 KODIAK ISLAND BOROUGH Gabrielle LeDoux, Borouefh Mayor Resolution No. FY 2005 -06 Page 1 of 1 Vruce Phelps Dept. of Natural Resources 550 West 7ti, Ave. Suite 10150 Anchorage, AK 99501-3579 Ii'odiak IslandB % 6i gh Manager's Office 7 10 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 48 -9300 Fax (907) 486-9374 Re-, Kodiak Island Borough comments on the Recommended Revisions and issue Response Summary relating to the Public Review Draft - Kodiak Area Plan for Alaska State Lands. Dear Mr. Phelpis: The comments contained herein are in response to the Recommended Revisions and related Issue Response Summary that were recently published in regard to the Public Review fi raft (PRD), of the Kodiak Area Plan for Alaska State Lands (KAPASL). The comments included here are a reflection of the ongoing borough concern for the Kodiak community's issues as they relate" to, the state lands and tidelands addressed within the plan. Now that the Recommended Revisions have been published, we find that there are a nuniber of issues that invite additional comment and clarification of previous comments expressed by the Kodiak Island Borough (KIB). A large number of comments provided by borough residents relate to state land on the Kodiak "'road system". Clearly the recreation and grazing use of many of these lands exemplifies the mixed-use mandate that the DNR is trying to achieve on state lands addressed by this plan., Regarding the Saltery Cove , Portage Bay, Plasagshak, and Narrow Cape areas, the KIB Parks and Recreation Committee KIPIRGhas specifically commented on certain lands designated in the Public Review Draft Kodiak Area Plan for State Lands. 'The adopted recommendations of the KI PRC were incorporated into the attached comment matrix of our April 2004 comment letter. Of particular note were comments on a number of parcels, along the Chiniak Highway that are designated in the draft plan for settlement. Many of these lands are currently used by the public for recreation purposes, such as camping, fishing, access to the tidelands, etc. The KIBPRC recommends that all of these settlement parcels be designated for continued recreational (dispersea) use with the exception of Parcel K-38, Raymond Peak, as noted in this letter. These comments are submitted in two parts. Part One is this letter, which is intended to I -id therefore of importance to KIB summarize the issues or concerns raised by the public ai residents. Part Two is a matrix ofconn ments, which identifies various plan areas by parcel Comments — Recornmended Revisions PRD - Kodiak Area Plan for State Land September 1, 2004 Page 2 of 3 number. We hope this will help in correlating our comments and observations, relating to the PRD of the Kodiak Area Plan for State Lands, and thereby aid in your further coins ideration. For the purposes of this review we are relying upon the parcel number/area designations in the most recent maps that have been circulated by DNR within the PRD plan document and its revisions. The following numbered comments are presented here in no particular order: In the most recent maps circulated, Parcels K-50, K -50a, K -51a, K-74, and K-175 are all provided with the dual designation of Grazing (err) and Public Recreation dispersed (Rd). Since these parcels are all abutting one another, why has the department created additional parcel/sub-parcel designations using an alphanumeric system when it would simplify matters to combine sirnilarly designated parcels into fewer parcels? 2. In the Recommended Revision, Narrow Cape Unit, PK arcel -44a is designated solely for Grazing (Gr) purposes. It was the borough's understanding that this area was included in the discussion of the dual designation for Grazing (Gr) and Public Recreation Dispersed (Rd) that was generally applied to the Saltery Cove and Portage Bay drainages. There is significant use of these lands for recreational purposes by borough residents and other visitors to Kodiak, many of who are also state residents. This makes little sense in the context of the recent request to expand the Kodiak Launch Complex by ATC. The designation of Parcel K-45, which approximates the existing AADC ILMA is designated for General Use (Gu). We would expect that the plan would anticipate this expansion with a similar designation, if it did not bear the dual designation discussed above. As indicated on Page 2 of the Issue Response Summary, DN R staff indicated "No Change" to the prior Gu designation that was contained in the P,RD. Indeed the staff response seems to argue against a solely agricultural designation. 3. Parcel K-38 is designated for Settlement (Se)i. Although the parcel has road frontage on a public highway, the topography of this area, in conJunction with the shape of the parcel does not appear to be well suited to the creation of a residential subdivision for settlement/disposal purposes. The borough may want to reconsider its options regarding the current borough ordinance (KIBC 16 10 0510), exempting subdivisions of state land from the local subdivision standards that apply to private sector land developers. 1 1 4. Parcel K -73c is designated solely for Grazirig (Gr). This is an area that is accessime from the road system and that sees, a considerable arnount of recreational use in the summer months for fishing and cauriping purposes, The Kodiak Island Borough would have expected this area to have the same Grazing (err) and Pun Public Recreatio dispersed dual designation as the lands on the other side of the road. Comments — Recommended Revisions PRD - Kodiak Area Plan for State Land September 1, 2004 Page 3 of 3 5. Regarding Parcels K 73 and K- 3e and a portion of K -7'3c, there appears to be some discrepancy of the mapping, which does not con-forrn to the public/private land ownership pattem in the area. A copy of the subdivision pattern in this area is attached as an exhibit of the current subdivision p�attem in, this area. 6. Parcel K-5oh, where it adjoins the Gr/Rd designated portion of the Saltery Cove access corridor does not appear to be a suitable development area. In order to access this area would require a stream crossing through an anadromous stream. Why would the state designate a General Use, (Gu) area. that requires crossing an anadrornous streani and which is a relatively steep area topographically 7. The Kodiak Island Borough favors increase monitoring by DNR of resource extraction uses on state lands,particularly those located in the area near, Pasagshak and Lake Rose Tead. The IIB permits non -recreational resource extraction as a Conditional Use Permit in the C -Conservation zoning district, which encompasses most of the state uplands addressed by the plan. The KIB recomi-nends that compliance with local zoning be included as a requirement of future resource extraction pernuts, on state land in order to provide better accountability for compliance with applicable state regulations and borough zoning codes. 8. References to .enter Creek in Parcel K-73 should be Zentner Creek, named after the original homesteader in the area Joe Zentner. Thank you for the opportunity to comment on the Recommended Revisions and Issue Response Summary relating to the Public Review Draft of the Kodiak Area Plan for Alaska State Lai -ids. If you have any questions about these comments please feel free to contact the KIS Community Development Department at (907) 486-9362. Respectfully Submitted, Patrick S. Carlson, Borougl]��� Cc: Kodiak Island Borough Assembly and Mayor Michelle Steams, Borough Community Development Department Director Bud Cassidy, Borough Engineering/Facilities Director Robert Scholze, Property Ap,praiser/Acting Assessor Duane Dvorak, Associate Planner, Community Development Department Attachments: Comment matrix for the Recommended Revisions and Issue Response Summary relating to the PRD Kodiak Area Plan for Alaska State Lands. i ,omment Matrix from the Recommended Revisions and Issue Response Summary PRD Kodiak Area Plan. for Alaska State Lands September 7, 200-4 Page I of 7 Parcel Area Recommended Proposeddtii.t a oire t DNR e's'o s esx ndon Raspberry Island i Change of the Parcel. A-07 from A-06 - Gu Rd Settlement (Se) to Habitat Ha is Raspberry Island consistent with prior SIB cornments, although not as far -0Onion Bay Ha. Rd reaching as the suggested in prior KIB comments. KIB still believes A- - Bear Creek Se Rd that the balance of the Parcels A-06' and A-08 are sufficiently constrained by topography and the availability of public access along the shoreline to question the continued designation of these areas for General Use Guand Settlement Se as indicated in the recommended revisions. Given the LAR proposals to designate large acreages for potential development t of settlement purposes, the KIB may geed to re- M evaluate current ordinances exempting state subdivisions from borough platting procedures: authorized under Title 29,Alaska: ! Statutes. Subdivision sion develo mest in these areas should be held to the same standards expected of private sector developers. In addition', private sector developers have generally enjoyed the benefit of smaller lot sizes and higher density of development in the areas where state land is available for habitat, ceTheopen recreation an d• 7✓ d4 R ir1r M KIB may want to consider new approaches to land development that require open s a.ce and habitat needs to be met on a subdivision by subdivision basis.] Comment Matrix from the Recommended Revisions and Issue Response Summary PRD Kodiak Area Plan for Alaska State Lands September 7, 2004 Page 2 of 7 Par,ce. Area Recommended Proposed KIB Additional Comment DNR Revisions Designation. Elbow Creek Se Rd The, KIBPRC requests that DNR provide the KI B with a first right to K- 1.4 review the disposition of this Mental Health Trust Land prior to disposal or conveyance as it is considered a very important hunting, fishing and recreation resource for the community., Ma flower Beach Y Se, Rd Rd This is an extremely important recreation area for the Kodiak K39 including the following community 6 uses: camping, beach -combing'. fishing, kayak access, and other farnily-oriented recreational activities. See bracketed comments for Afognak Island for additional KIB comment by reference. Midway Point Se, Rd, Hr Rd Chin al community preferences should, prevail on any otent .al K 41 designation on this state land. However, public access for recreation and outdoor activities should be retained. See bracketed comments for Afognak Island for additional IIB comment by reference, Pony Point Ma Rd Chiniak community preferences should prevail on any potential designation on this state land. �K42 -1 Public access for recreation and outdoor activities should be retained once material extraction activities are concivaed. See bracketed comments for Afognak Island for additional KI B comment by reference. Comment Matrix from the Recommended Revisions and Issue Response Su unary PRD Kodak area Play for Alaska State Lands September , 2004 Page 3 of Parcel n. Area Recommended Proposed. tion o en DNR Revisions esigna io SW Chiniak Point Ma Rd Cliijiiak c r-r1r17rLrr1rprefer~er-ices Should prevail cry arid° potential K 43 des gr at crr oiI. this state larrd. l'r.rl. lic access far recreation arid Outdoor activities should be retained once material e tract cri activities are concluded. See bracketed c riiriients for Afognal Island for additicrial KIB comment by reference. Narrow Cape r fid, Gr The Kl wishes to clarify its ositicri. on this area to he III Support K -44.x. f the dual designaticr-i approach that was recarnmer ded for ether grazing and recreatioii areas, such as the Saltery Cave acid portage Bay areas. It appears that this ccriiiner-rt was iriadverteritly ori-ritted frcrn the KI ceriiriierits sr.rl initted ire April 2004. � l�'as asa e� provides: dearly the more challerrg that could not he s easily addressed by such arr' n w approach, oach however the Narrow w Ca e p A � p I... area has substantial grazhig arid recreational valises 117 cer11r110r1 with ParcelsK-50,K-50a, f -51 a"� p or-trcris hiterestrngly, the .I IB agrees with the analysis provided rn the Issue Response Srrminar (IRS) or -r pages l and i, with the caveat that the K 113, was Under the rmpressrcri that the dual designation Gr/Rd was intended f car all gra hig arid recreatroll areas outside o pasagshak. With regard to the ccmmerrts mi page 23 and 24 of the IRS, the KIB respectfully disagrees with the staff response that characterizes rear cel K -44A acid the activities occurring there as berr g s rgri r ficaiitly different rom those same activities III other grazrrig areas. Comment Matrix from the Recommended Revisions and Issue Response Summary PRD kodia Area Plan for Alask-a State Lai -ids September 7, 2004 Page 4 of 7 Parcel No. Area Recommended Proposed KIB Additional Comment DNR Revisions D e s i g n a tio 11 Narrow Gu Rd The K113 supports the Recreation Cape/Chinial Dispersed (Rd) designation in this area. This area is accessible only K -44B through State land on the Narrow Cape side and by ANCSA "17 " casements on the Chiniak side. :SIN 44e, a sixty -foot road, terminates at Sequel Point and does not provide direct access to the GU designated parcel. From Sequel Point E 42, a fifty -foot trail P rovides access, to state land along the coast towards the Sacramento River. EIN 108, a twenty-five foot trail, provides access from the Chiniak Highway near Isthmus Bay generally following the West Fork Twin Creek drainage. The designation of a General Use (Gu)! for Parcel K -44b encourages public access through the adjoining Parcel K -44A, which is currently proposed as Grazing (Gr). In the alternative, only a 25 -foot trail provides direct access to this Gu designated parcel.: See bracketed, comments for Afognak Island for additional K113 comment by reference. Comment Matrix from the Recommended Revisions and Issue Response Summary PRD Kodiak Area Plan for Alaska State Lands September , 2004 Page 5 of 7 Parcel No. Area Recommended Propo,sed KIB Additt"onal Comment DNR vss Designation S a tery Cove Gu Gr, Rd. This parcel appears to be out of character with the surrounding land K -50B which dual -designated Grazing (Gr)and Public Recreation dispersed (Rd). This s and requires access across an anadromous water body from the lain Sa tery Cove Road right-of-way. of -way. . addition, the land appears to be topographically constrained. See bracketed comments for Afogna% Island for additional KIB comment by reference. Comment Matrix from the Recommended Revisions and Issue Response Summary PRD Kodiak Area Plan for Alaska State Lands September 7, 2004 Page 6 of 7 Parcel No. Area Recommended Pro�p�o�sed KIB Additional Comment DNR Revis ions Designation Shearwater Gu, Se Ha K-57 has previously been Peninsula designated for Settlement (Se) purposes. In the revised K-57 recommendation, the SW portion of the parcel is designated for General Use (Gu), perhaps in recognition of its unsuitability for settlement due to a lack of public access from the shoreline. Most of the suitable areas in the remainder of Parcel K- 57 have already been disposed for settlement purposes. In the area of Little Eagle Harbor, most of the easily accessible land has already been disposed of such that future land disposals will of necessity occupy less desirable locations further inland or in steep slope areas. A portion of Parcel K-57 north of Boulder Bay is, accessible primarily through Parcel K-58, which is now designated Habitat (Ha). The KI B would like to see: some clarification regarding the applicability of the Terror Lake Agreement to Parcel K-57 as it is referenced for all of surrounding' parcels and appears to designate the entire Shearwater Peninsula. See bracketed comments for Afognak' Island for additional KIB comment by reference. Comment Matrix from the Recommended Revisions and Issue Response Summary PRD Kodiak Area Pilan for Alaska State Lands September 7, 2004 Page 7 of 7 Parcel No. Area Recommended Proposed KIB Additional Comment DNR Revisions, Designati"On Swampy Acres Se Rd This site will provide important open green space in an area that is K 68 planned for future residential and commercial lodge development (Natives of Kodiak). Also, historically significant structures,: are located on the site. See bracketed comments for A-fognak Island for additional KIB comment by reference, Pasagshale, Co —designation Co -designation Parcel K-,73 c, on the east side of Lake Rose Tead, should be dual K-73 Gr, [Ha, Rd and Gi­ and Rd designation of Grazing (Gr) and Ma Public Recreation dispersed (Rd)�' Currently, livestock has been fenced out of this, area through an agreement with the Kodiak Soil and Water Conservation District. In addition, should this area be used for grazing purposes, its value would most likely be for wintering which would not conflict with the' primarily summer use of the area -for public recreation. Portions of Parcels K -73b, K -,74c and K- 3e, south of the P,asagshak River, appear to be designating privately owned land located along the Pasagshak River a combination of Habitat (Ha) and Public 'Recreation dispersed (Rd), and 'Grazing (Gr). The IB has digital maps of the Pasagshak Subdivision, which extends along both sides of the Pas,agshak River in this area. 'References to "Zenter" Creek in this area should be Zentner Creex if the creek is named after the original homesteader in this area, Joe Zentner.