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BELLS FLATS TR E OF TR A - Similar Use DeterminationLL CALL VOTE ON MOTION CARRIED 5 -1. The ayes were COMMISSIONERS KING, WAT • ,JANZ, KER ' nd TORRES. The no was COMMISSIONER SCHMITT. COMMISSIONER meeting. INS MOVED to postpone Findings of Fact for this - e until the March regular d the COMMISSIONER WATKINS MOVED to . . • '• findings of fact from alternate recommendatio u • ' : • 3 to be used as findings of fact for this case in lieu of postponement. ROLL CALL VOTE ON MO . 0 AMEND FAILED 6 -0 n to take the conditions of approval and ROLL CAL : ON MOTION TO POSTPONE CARRIED 5 -1. The ayes were COMMIS . "S KING, JA. , ' ATKINS, KERSCH, and TORRES. The no was COMMISSIONER SCHMITT. OLD BUSINESS A) Case 11 -003. Adopt Findings of Fact in support of the commission's denial of a Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. (Case postponed from the September 30, 2010 regular meeting.) The applicant is John Zbitnoff and the agent is Jascha Zbitnoff. The location is 465 Sargent Creek Road, and the zoning is (- Industrial. Cassidy stated this is a denial of a Similar Use Determination request from your previous meeting. Findings of Fact should be adopted in support of your denial. COMMISSIONER KING MOVED to adopt the findings contained in the memorandum dated February 4, 2011 as "Findings of Fact" in support of the denial of a similar use determination in Case 11 -003. FINDINGS OF FACT 17.15.090.A Land uses other than those specifically permitted or conditionally permitted in a district may be allowed if they are similar to those listed and are found by the commission, after a public hearing. to be similar in character and impact. 1. Because the applicant has not provided a specific proposal or site plan, it is impossible to analyze the potential impacts of the use. ROLL CALL VOTE ON MOTION 5 -1. The ayes were COMMISSIONERS KING, WATKINS, JANZ, KERSCH, and TORRES. The no was COMMISSIONER SCHMITT. B) Case 11 -015. Adopt Findings of Fact in support of the commission's approval of . . ance, acc. • : to KIBC 17.195 to allow a fence in a portion of the side yard an • • entire rear yard on Lot 3 -A, : , 2, Woodland Acres 2nd Addition, to be eight (8 in height which is two (2) feet higher than the 6) foot fence height permitted . sidential zoning districts by KIBC 17.170.020.A. The applican . Shaw & Dana Pa son. The location is 3974 Woodland Drive, and the zoning is RR -Rural Residents Cassidy stated we compiled findi Variance to allow a 2 foot a fact forwar commissioners into a memo. You granted a on to the fence at last month s - -ting. COMMISSIONER JA OVED to approve findings of fact for Case 1 15 to grant a Variance, according to KI :' 17.195, to allow a fence in a portion of the side yard and the e e rear yard on Lot 3 -A, Block , oodland Acres 2nd Addition, to be eight (8) feet in height which is two feet higher than t. six (6) foot fence height permitted in residential zoning districts by KIBC 17.170.02 i. t and to ad.. t findings contained in the Findings of Fact Memo dated February 5, 2011 for Case 11 -015. 2/16/2011 P &Z Guidelines Page 11 of 13 February 18, 2011 Mr. John Zbitnoff PO Box 8849 Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us Re: Case 11 -003. Request a Similar Use Determination, according to KIBC 17.15, 090 :A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. (Case postponed from the September 30, 2010 regular meeting.) Dear Mr. Zbitnoff: The Planning & Zoning Commission, at their regular meeting on January 19, 2011, denied the request referenced above. The commission adopted Findings of Fact at their February regular meeting in support of their decision. FINDINGS OF FACT 17.15.090.A Land uses other than those specifically permitted or conditionally permitted in a district may be allowed if they are similar to those listed and are found by the commission, after a public hearing, to be similar in character and impact. 1. Because the applicant has not provided a specific proposal or site plan, it is impossible to analyze the potential impacts of the use. Should you disagree with the commission's decision you may appeal: An appeal of this decision may be initiated by; 1) the applicant, or 2) any person who was sent a written notice or submitted timely written comments, by filing a written notice of appeal to the Borough Clerk's Office within ten (10) working days after adoption of the Findings of Fact. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and accompanied by the $350 appeal -fee. Therefore, the decision will not be final and effective until ten (10) working days following the decision. Should you have any questions about the appeal process please contact the Borough Clerk's Office at 486 -9310. Sincerely, Bud Cassidy, Director Community Development Department CC: Borough Clerk's Office Jascha Zbitnoff Old Business Item 8 -A February 16, 2011 MEMORANDUM Findings of Fact DATE: February 4, 2011 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the February 16, 2011 Regular Meeting CASE: 011 - 003 APPLICANT: John Zbitnoff SUBJECT: Approval of Findings of Fact in Case 11 -003, supporting the denial of a similar use determination, according to KIBC 17.15.090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and Adopted Planning and Zoning Commission BY- LAWS are applicable: Commission BY LAWS Article IX — Procedure C. Findings In cases where the Commission is required to base its decisions on specific findings, the Commission may defer the approval of these findings until the next meeting of the Commission. 17.15.050 APPROVAL BY PLANNING AND ZONING COMMISSION. When it is stated in this title that uses are permitted subject to approval by the commission, an application for consideration shall be submitted to the community development department with a site plan. The commission shall make its findings within 40 days of the date the application is submitted and notify the applicant, in writing, of the decision. If denied, the commission shall state the reasons for denial and the avenues of appeal available to the applicant. 17.215.010 RECONSIDERATION. A. The commission may reconsider its decision upon petition of any person entitled to appeal the decision under KIBC 17.225.030, filed with the community development department within 10 working days after the decision. Case No. 11 -003 Findings Page 1 of 2 Old Business Item 8 -A February 16. 2011 B. The commission may reconsider its decision only if it finds: 1. There was a clerical error in the decision; 2. The decision resulted from fraud or mistake; or 3. There is newly discovered evidence or a change in circumstances which by due diligence could not have been discovered before the original hearing. 17.215.020 COMMENCEMENT OF APPEAL — STAY. A. A decision of the commission is final unless an appeal of the decision is made within 10 working days after the decision by the commission to the board of adjustment. B. An appeal is commenced by filing with the clerk a written notice of appeal. specifically stating the reasons for the appeal and the relief sought, and payment of the appropriate fee. Upon commencement of an appeal, the decision appealed from is stayed until the decision on appeal becomes final. C. The running of the time for filing an appeal from a decision of the commission is terminated by a timely petition for reconsideration, filed in accordance with KIBC 17.225.010. The full time for an appeal begins to run again on the date of the decision of the commission on reconsideration. COMMENTS The above referenced case was denied by the Commission at the January 19, 2011 regular meeting. The adoption of findings was deferred to the February 16, 2011 regular meeting in order for the Commission to summarize their reasoning(s) in writing and for staff to prepare revised findings in memorandum format. As noted in prior cases, this review and adoption of findings is not intended to be a further review or discussion of the decision to deny this case, but simply an opportunity to complete the decision by the adoption of findings that support the commission's denial of this request. Without the adoption of findings the decision remains incomplete and the case cannot easily be appeal by any aggrieved party as required by the applicable borough codes. The appeal period can only begin once the findings in support of the commission commission's decision have been adopted. RECOMMENDATION The Commission must adopt findings that reasonably represent the thought process and rationale behind the decision as required by borough code and state law. APPROPRIATE MOTION Move to adopt the findings contained in the memorandum dated February 4, 2011 as "Findings of Fact" in support of the denial of a similar use determination in Case 11 -003. FINDINGS OF FACT I7.I5.090.k Land uses other than those specifically permitted or conditionally permitted in a district may be allowed if they are similar to those listed and are found by the commission, after a public hearing, to be similar in character and impact. I . Because the applicant has not provided a specific proposal or site plan. it is impossible to analyze the potential rmpacts of the use. Case No 11 -003 Findings Page 2 of 2 5. Copies of all federal and state approvals or permits and application related to this project shall be copied to the Community Development Department for placement in the CUP file for this case. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON THE AMENDED MOTION CARRIED UNANIMOUSLY B) Case 11 -003. Request a Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. (Case postponed from the September 30, 2010 regular meeting.) The applicant is John Zbitnoff and the agent is Jasha Zbitnoff. The location is 465 Sargent Creek Road, and the zoning is I- Industrial. Dvorak reported 26 public hearing notices were sent out for the December 21, 2010 meeting with 1 response returned objecting. All comments received are in your packet. There was a revised staff memo provided with an updated motion on top of your original packet. COMMISSIONER SCHMITT MOVED to grant a Similar Use Determination, according to KIBC 17.15.090.A, to allow the storage of petroleum contaminated soil on Tract E of Tract A, Bells Flats Alaska Subdivision, for the purpose of ADEC approved treatment as a use that is similar in character and impact to a permitted Asphalt Batch and Mixing Plant, Manufacturing or Refining use in the !- Industrial zone, in accordance with KIBC 17.105.010.C, and to adopt the recommended findings in the staff report dated January 6, 2011 as FINDINGS OF FACT for this case. The public hearing was opened & closed. Public testimony was given by: Jessica Horn stated you're talking about putting toxins at the entrance of our neighborhood where we walk, fish, and our kids ride their bikes by. With the huge numbers of written comments submitted in objection she can't imagine anyone would be in favor of this being dropped in front of their door step. The regular meeting was opened: Discussion of what the regulatory agencies review, the letters of concern, putting it at the bottom of the watershed vs. top of the watershed, the area starting out as agricultural use and has moved to Light Industrial Use, and the need for the borough to come up with a plan for these sort of things. ROLL CALL VOTE ON MOTION FAILED DUE TO A LACK OF QUORUM: The ayes were COMMISSIONERS WATKINS, KERSCH, and SCHMITT. The noes were COMMISSIONERS KING, JANZ, and TORRES. COMMISSIONER SCHMITT MOVED to postpone Findings of Fact until the February 16th meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY C) Case 11 -004. Request a Variance, according to KIBC 17.195.020 (Variances), to allow a residential scale wind turbine tower to exceed the 50 foot height limitation set forth in KIBC 17.130.060 (Building Height) for utility installations, by an additional 10 feet (not including the turbine blades); and A Variance from KIBC 17.130.050.B (Yards) to allow a residential scale wind turbine tower to encroach into the 25 foot street side yard setback; and Site Plan Review, according to KIBC 17.130.020.P (Permitted Uses) to consider a detailed site plan for a proposed wind turbine (utility installation), with or without the above reference variance. (Case postponed from the September 30, 2010 regular meeting.) The applicant is the 1/19/2011 P &Z Minutes Page 5 of 20 i c TTETY JAM 21 z01I KODIAK ISLAND BOROUGH UNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item 7 -B UNITY DEVELOPMENT DEPARS` BLIC HEARING NOTICE A public hearing will be held on Wednesday, January 19, 2011. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: I 1 -003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. (Case postponed from the September 30, 2010 regular meeting.) LOCATION: 465 Sargent Creek Road ZONING: 1- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, January 4, 2011 to be considered by the commission. You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments is 486 -3231. The at 7:30 p.m. in the decision on this p A 1/ 7 6%- during the appropriate public hearing section of the meeting. The local call -in telephone number Alaska toll free telephone number is 1- 800 - 478 -5736. One week prior to the regular meeting, on Wednesday, January 12, 2011, a work session will be held Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's request. If you have any questions about the request or your appeal rights, please feel free to call us at at %486 -- 9363. Your Name: ,aA vt c,BV� Yt i k l5 ' ,le 1c 4U / Mailing Address: et), �c> Ac-- x.114. t / Your properti description: he /hLRse, / r4 - /vi fit „SAL/ Comments: it i .• JP G -/- fAe - S... J�y�s,...�r td.5_ ...__tfi ,. —_.� ..s -- r -C-4 _ fig. _.-/-..s. � f�kk cZr1 iltSM 4 ( Z 1�P J dl t r% S /_t stn d r rJ �/; �l p%t7 L '� /� �d Gt <<� S. !�% a. o_ 4,,.ttnu�, �' h e rI �0 14%41 et t' 11o1 ;v Kt ac�C �a��l `� p�lry j , % ev . • , � 0/. , ` I/- 1 . /.. - ■ . , / q/ a i • .. MINN, .... • .. �� . ... i��" 7��I/,� , 7 I . ' '%I . . a c t Apr -e411» / L . ) 7 2 .r4 / 0 5 S ii i.!4 . jg/ � � ,®yd 1 • ._ • JI al a . / ,. r . / . t : . L. A 4!.. - Request a Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the Current Location purpose of ADEC approved treatment, as a use that is similar in 465 Sargent Creek Rd. character and impact to permitted or conditional uses in the P & Z Case 11 -003 I- Industrial zone, including Asphalt Batch and Mixing Plant, John Zbitnoff Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. (Case postponed from the September 30, 2010 regular meeting.) ......,„„,„7.4,2111r, POI* - , me Woo. i . Advs--- Ni.40,410,41it ,6_ I a .7.47, ,t1/4. h . . .. . oza 1 Ay klkir - -, i . mod" t c Vtler * 0 0 it*‘ • N .. 41, \\ - / *** ago ®o � iti ;4111111k A 0 ..„-dislick... ..... IlLigigai 9.. - '. *? Kodiak Island Borough GIS Legend N W �� E 'V V - Subject Parcel • Fee' 80i_ 1.600 1 1 1 ■ t I Notificatic Area This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. January 21, 2011 Mr. John Zbitnoff PO Box 8849 Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us Re: Case 11 -003. Request a Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. (Case postponed from the September 30, 2010 regular meeting.) Dear Mr. Zbitnoff: The Planning & Zoning Commission, at their regular meeting on January 19, 2011, denied the request referenced above. The commission will adopt Findings of Fact at their February 16, 2011 regular meeting in support of their decision. Should you disagree with the commission's decision you may appeal once Findings of Fact have been adopted by the commission: An appeal of this decision may be initiated by; 1) the applicant, or 2) any person who was sent a written notice or submitted timely written comments, by filing a written notice of appeal to the Borough Clerk's Office within ten (10) working days after adoption of the Findings of Fact. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and accompanied by the $350 appeal fee. Therefore, the decision will not be final and effective until ten (10) working days following the decision. Should you have any questions about the appeal process please contact the Borough Clerk's Office at 486- 9310. Sincerely, Bud Cassidy, Director U Community Development Department CC: Jascha Zbitnoff Public Hearing Item 741 P&Z January 19, 2011 REVISED MEMORANDUM DATE: January 6, 2011 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the January 19, 2011 Regular Meeting CASE: 11 -003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15.090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review . if approved as a similar use by the commission. (Case postponed from the September 30, 2010 regular meeting.) LOCATION: Tract E of Tract A, Bells Flats Alaska Subdivision, per Plat No. 81 -8 ADDRESS: 465 Sargent Creek Road ZONING: I- Industrial Zoning District. Twenty-six (26) public hearing notices were mailed on December 21, 2010. Date of site visit: July 17, 2010 1. Zoning History: The 2006 Womens Bay Comprehensive Plan Update and the 2008 KIB Comprehensive Plan Update both designate this site for Industrial use. An offer to trade Tract E of Tract A, Bells Flats Alaska Subdivision for another parcel of borough land died before the KIB Assembly in 1991. A CUP to allow an eleven (11) unit Single- resident Occupancy (SRO) apartment building was granted by the commission in Case 96 -004. There is no indication that zoning compliance was requested for the SRO and the apartment building was not constructed. As a result, the SRO CUP became null and void. An Asphalt Batch Plant was subsequently permitted for the site in June 2000 by Zoning Compliance Permit BZ00 -045. 2. Lot Size: 3. Existing Land Use: 77;275 square feet Undocumented Outdoor Storage Case No, 11 -003 Staff Rpt. Page 1 of 15 Public Hearing Item 7 -B P&Z January 19, 2011 4. Surrounding Land Use and Zoning: North: Lot 7, USS 2539 (USCG) Use: Vacant Zoning: C - Conservation Zoning District South: Ptn. Lot 1, USS 2539 (Russian Creek) Use: Vacant Zoning: C - Conservation Zoning District East: Undeveloped tideland (across Chiniak Highway) Use: Vacant Zoning: C- Conservation West: Block 4, Tract A, Bells Flats Subdivision Use: Slaughterhouse; Apartment; Recycle Business; Gear Storage, etc. Zoning: I- Industrial 5. Comprehensive Plan: 17.10.030 Comprehensive plan. For the purpose of this title, the Kodiak Island Borough comprehensive plan consists of the following documents: A. Kodiak Island Borough comprehensive plan update dated December 6, 2007, prepared by Cogan, Owens, Cogan, and the Kodiak Island Borough;... F. Womens Bay Comprehensive Plan Update. Prepared by the Womens Bay community and the Kodiak Island Borough community development department. The recommended guidance accompanying the Recommended Land Use Map (p.46) of the Womens Bay Comprehensive Plan Update had this to say about land designated for Industrial use: "This category is intended for economic uses that result in increased jobs and tax base to the Womens Bay area and the Borough as a whole. This category should include industries and distribution /warehouses that are not generally compatible with residential uses typically found in suburban areas. Four criteria guide the location of large tract industrial uses: transportation access, water supply, lack of incompatible existing land use topography. An area of approximately 45 acres is recommended as an excellent location for employment uses. Prime roadway access in this area provides great connections to business centers throughout and beyond the region. A number of natural gravel deposits exist in the Womens Bay Planning Area. Such quarries should also be protected from encroachment by incompatible land uses that may be sensitive to blasting, dust and heavy trucking operations. Areas around quarries where active blasting is occurring or may occur should be reserved for one of the following use categories: agriculture, industrial, or public open space. Resource extraction uses include all uses associated with the operation of quarries, such as the extraction, storage, processing and transportation of the quarry product." Case No. 11 -003 Staff Rpl. Page 2 of 15 Public Hearing Item 7 -B P&Z January 19, 2011 Womens Bay Comprehensive Plan Update - Chapter 4. Goals and Objectives Goals are general achievements that the community wishes to accomplish in the future. Goals provide guidance for developing objectives. Objectives are specific and achievable projects in support of a goal. Land Use Goal: Guide the use of land in the Womens Bay planning area in a manner that provides for orderly and compatible community and regional growth. Goal: Maintain the rural residential setting of the Womens Bay Community. Objectives: a) Encourage new residential development while maintaining a minimum lot size of RR1 (40,000 square feet). b) Platted roads should be developed to Borough code prior to land sales. c) Support a centralized business and office use areas that follow the existing development pattern. Goal: Minimize conflict between different land uses within the Womens Bay Area. Objectives: a) Create a buffer zone between existing industrial and residential use areas. b) Develop light and noise standards for non - residential uses. c) Provide viable land uses for the Salonie Creek Area, including the feasibility of future recreational or resource extraction uses. Public Health /Safety and Environment Goal: Minimize development in environmentally sensitive area. Objectives: a) Maintain a high quality natural environment within the planning area. b) Rezone portions of the B Parcels to public use, natural use, or conservation areas zoning classification or possible residential use. c) Implement the Alaska Coastal Management Program and the Kodiak Island Coastal Management Program in planning for appropriate coastal zone uses. d) Protect the Russian River and Sargent Creek drainages by establishing specific strategies through coordination with state and federal regulatory entities. Case No 11 -003 Staff Rpt. Page 3 of 15 Public Hearing Item 7 -B P8Z January 19, 2011 COASTAL MANAGEMENT APPLICABLE POLICIES 4.4 Enforceable Policies B. Coastal Development Policy B -1: Multiple Use a. Structures or dredged or fill material placed in coastal waters shall be designed to minimize the need for duplicative facilities. Consistency: NIA. This project does not involve the placement of materia! in coastal waters] b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to siting of facilities in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. Consistency: N /A. This project does not propose siting of structures or placement of material in poastal waters! Policy B -3: Dredge and Fill Activities a. An applicant for a project that will place structures or discharge dredge or fill material into coastal waters must include in the project description measures that will limit the extent of direct disturbance to as small an area as possible. Consistency: N /A. This project does not involve the placement of structures or material into coastal, Waters! b. This policy is established for the Coastal Development standard (11 MC 112.200) subject use. It applies to all uses and activities related to placement of structures in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. Consistency: N /A. This project does not involve the placement of structures in or adjacent to coastal Waters! C. Natural Hazards Policy C -1: Erosion and Landslides a. Proposed development and resource extraction activities in designated erosion hazard areas shall: 1. Minimize removal of existing vegetative cover, and 2. Stabilize soils and re- vegetate with native species for areas where development necessitates removal of vegetation, unless re- vegetation activities would cause more damage. Consistency: N /A. The protect location is not located in a designated erosion hazard area] b. Subsection a applies to areas designated as erosion hazards under 11 AAC 114.250(b) as described in Section 4.5.2. Consistency: N /A. The project location is not located in a steep slope area or identified as within ark 'erosion hazard area! D. Coastal Habitats and Resources Policy D -5: Wind Generation and Bird Habitat a. The applicant shall incorporate measures into the project description regarding the siting of wind generation projects to minimize mortality to birds. These measures shall include, but are not limited to, installation of turbines on the tallest towers practicable, for the site, configuration of towers to reduce the likelihood of bird strikes, and use of tubular towers, fully enclosed nacelles or other appropriate technology that has been demonstrated to reduce bird mortality from wind turbines. Consistency: N /A. The project does not involvea wind generation project! Case No, 11 -003 Staff Rpl. Page 4 of 15 Public Hearing Item 7 -B PSI January 19, 2011 b. This policy applies to uses and activities related to the Energy Facilities Standard 11 AAC 112.230. Consistency: N /A. The project does not involve the development or construction of an energy facility. H. Recreation Policy H -1: Protection of Recreation Resources and Uses a. On public lands and waters used for recreation activities within designated recreation areas or on private lands and waters within designated recreation areas where the landowner has granted formal permission for recreational activities, non - recreational projects and activities shall be located, designed, constructed and operated to avoid significant adverse impacts to recreation resources and activities, including access and scenic views unless a comparable altemative recreational opportunity can be provided That would not decrease the quality of the recreation experience in another area. !Consistency: N /A. This request does not involve the use or development of public lands or waters' iised for recreation or any other public purpose! b. Access through water bodies shall be maintained. 1. Fences shall not be constructed across streams, 2. Bridges must be constructed at least four feet above the ordinary high water mark, 3. Structures, other than weirs, shall not impede travel by watercraft along waterways, and 4. Weirs shall be constructed to allow for small boat passage over or around the structures, and warning signs shall be placed at least 25 yards upstream of the weirs. Consistency: N /A. The project is not located along a water body used for recreation purposes! c. This policy applies to areas designated for recreation under 11 AAC 114.250(c) as described in Section 4.5.1, and it applies to all uses and activities that could affect recreational values described in the resource inventory and analysis. ,Consistency: N /A. This area is not specifically identified or reserved for recreational use under 11 AAC 111 4:250()j I. Archaeological and Historic Resources Policy 1 -1: Consultation and Surveys • a. For projects within the historic and prehistoric designation area, the applicant shall submit with the consistency review packet an assessment of potential impacts to historic and prehistoric resources and a plan for the protection of those resources. As part of the assessment, the applicant shall consult with the KIB, tribal entities and the Alutiiq Museum. Consisten N /A. The project is not known to be located in an area identified as a historic or prehistoric resource area. b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(i) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. Consistency: N /A. The project is not located in an area Identified as a historic prehistoric resource area! Policy 1 -2: Resource Protection a. For projects within the historic and prehistoric designation area, if previously undiscovered artifacts or areas of historic, prehistoric, or archaeological importance are encountered during development, an artifact curation agreement will be developed between the landowner, appropriate state of federal preservation authorities, and the curation facility if artifacts are discovered on the project site. ;Consistency: N /A. The project is not located in an area identified as a historic or prehistoric area) Case No. 11 -003 Staff Rpt. Page 5 of 15 Public Hearing Item 7 -B P &Z January 19, 2011 b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 MC 114.250(i) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. Consistency: /A. The project is not located in an area designated for the study understanding and Illustration of history and prehisto under 11 AAC 114.250 i K. Mineral Extraction and Processing Policy K -1: Siting of Material Sources a. Sources of sand and gravel shall be authorized in the following priority: 1. Upland sites, including river terraces above historic high water, 2. Areas of low habitat value, including river bars, 3. Streams which do not provide fish habitat, and 4. Other habitats. Consistency: N /A. The project does not involve extraction of sand and gravel resources! b. This policy applies to the sand and gravel standard (11 AAC 112.260). Consistency: N /A. The project does not involve extraction of sand and gravel resources) 4.5 Designated Areas 4.5.1 Recreation Areas Not identified as such! 4.5.2 Natural Hazard Areas Not identified as such) 4.5.3 Important Habitat Areas Not identified as such 4.5.4 Historic and Prehistoric Resource Areas Not identified as such 4.5.5 Commercial Fishing and Seafood Processing Facilities Not identified as such! 4.5.6 Subsistence Areas Not identified as such KIBC Title 17, Chapter 17.15, GENERAL PROVISIONS AND USE REGULATIONS 17.15.010 APPLICATION OF PROVISIONS. The provisions established by this title for each district are minimum regulations and apply uniformly to each class or kind of structure or land. 17.15.020 CONFORMITY WITH REGULATIONS REQUIRED. No building, part of a building, or any land shall be used, occupied, erected, moved, or altered unless in conformity with the provisions of this title for the district in which the building or land is located. 17.15.030 ALTERATION OR ERECTION OF STRUCTURES. No structure shall be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area, to have a narrower or smaller front yard, side yard, or rear yard, than is specified in this title for the district in which the structure is located. Case No, 11 -003 Staff Rpt. Page 6 of 15 Public Hearing Item 7 -B P &Z January 19, 2011 17.15.040 Yard or open space limitation. No yard or open space provided about a building for the purpose of complying with this title shall be considered as providing a yard or open space for any other building. No yard or open space on one lot shall be considered as providing a yard or open space for any other lot. 17.15.050 APPROVAL BY PLANNING AND ZONING COMMISSION. When it is stated in this title that uses are permitted subject to approval by the commission, an application for consideration shall be submitted to the community development department with a site plan. The commission shall make its findings within 40 days of the date the application is submitted and notify the applicant, in writing, of the decision. If denied, the commission shall state the reasons for denial and the avenues of appeal available to the applicant. 17.15.060 ZONING COMPLIANCE. Zoning compliance is required for site grading (excavation and fill), erection, construction, establishment, moving, alteration, enlargement, repair, or conversion of any building or structure in any district established by this title, subject to the following: A. An application for zoning compliance will be filed with the community development department on a form provided by the department. If the application meets the requirements of this title, as verified in the department, and other applicable regulations, a permit will be issued. An as -built of the property may be required to ensure that applicable requirements can be met, when existing structures are located on the property. Any zoning compliance permit issued is subject to the same expiration, suspension, and revocation provisions as a building permit issued for the same construction project (See Uniform Building Code Section 303(d) and (e), as currently adopted under KIBC 15.05.020), * ** * ** * ** * ** * ** * ** 17.15.070 BUILDING PERMIT AND CONFORMITY TO ZONING. No building permit, plans, or specifications will be approved which permit any violation, modification, or waiver of this title. When the terms of a building permit, plans, or specifications conflict with this title, the provisions of this title will govern. 17.15.080 USES PROHIBITED UNLESS AUTHORIZED. Land uses not listed as a permitted use in a district are prohibited. 17.15.090 SIMILAR USES MAY BE PERMITTED. A. Land uses other than those specifically permitted or conditionally permitted in a district may be allowed if they are similar to those listed and are found by the commission, after a public hearing, to be similar in character and impact. B. In all cases, the outdoor storage of materials and equipment is prohibited unless it is listed as a permitted or conditional use in a district. * ** * ** * ** * ** * ** * ** Case No. 11 -003 Staff Rpt. Page 7 of 15 Public Hearing Item 7 -B P &Z January 19, 2011 KIBC Title 17, Chapter 17.25, DEFINITIONS 17.25.010 GENERAL INTERPRETATION. A. "Lot" includes the words "plot" and "parcel." B. "Shall" is always mandatory. C. "Used" or `occupied," as applied to any land or building, includes the words "intended, arranged, or designed to be used or occupied." * ** * ** * ** * ** * ** * ** 17.25.040 C DEFINITIONS. * ** * ** * ** * ** * ** * ** "Conditional use permit" means a method of allowing for flexibility within the zoning regulations by permitting certain specified uses in zoning districts after additional controls and safeguards are applied by the commission to ensure their compatibility with permitted principal uses. * ** * ** * ** * ** * ** * ** 17.25.100 I DEFINITIONS. "Industry" means the manufacture, storage, extraction, fabrication, processing, reduction, destruction, conversion, or wholesaling of any article, substance, or commodity, or any treatment which changes the form, character, or appearance of a resource material or previously manufactured item. * ** * ** * ** * ** * ** * ** 17.25.160 0 DEFINITIONS. "Outdoor storage" means the use of land for the storage of items in the open, not within a structure. * ** * ** * ** * ** * ** * ** 17.25.220 U DEFINITIONS. "Use" means the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained. * ** * ** * ** * ** * ** * ** KIBC Title 17, Chapter 17.105, I — INDUSTRIAL DISTRICT 17.105.005 DESCRIPTION AND INTENT. The I industrial zoning district is established as a district in which the principal use of the land is for business, manufacturing, processing, fabricating, repair, assembly, storage, wholesaling, and distributing operations, which may create some nuisance, but which are not properly associated nor compatible with residential land uses. For the industrial zone, in promoting the general purpose of this title, the specific intentions of this chapter are: A. To encourage the construction of and the continued use of the land for business and industrial purposes; Case No. 11 -003 Staff Rpt. Page 8 of 15 Public Hearing Item 7 -B P&Z January 19, 2011 B. To prohibit all residential uses of the land not associated with industries and any other land use which would substantially interfere with the development, continuation or expansion of industry in the zone; C. To concentrate the industrial and business uses within designated areas to protect residential districts from noxious or noisy operations; and D. To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this chapter. 17.105.010 PERMITTED USES. The following uses of the land are permitted in the industrial district: A. All uses permitted in B business district, except residential; B. Aircraft, automobile and truck assembly or remodeling; C. Asphalt batch and mixing plant, manufacturing or refining; D. Assembly of music and vending machines; E. Auction business; F. Beverage manufacturing; G. Boat building, repair and storage; H. Cabinet shops; I. Concrete mixing batch plants; J. Coal storage yards; K. Dwelling units for a watchman or caretaker on the premises; L. Dyeing plants; M. Gravel or sand extraction; N. Junkyards, wrecking, salvage or scrap metal operations; O. Lumber mills and sawmills; P. Lumberyard, building material manufacture or sales; Q. Machine or blacksmith shops; R. Manufacturing, servicing or repair of Tight consumer goods, such as appliances, batteries, furniture, and garments; S. Metal working or welding shops; T. Motor freight terminals; U. Outdoor storage; V. Paint shops; W. Public uses; X. Rock crushers; Y. Seafood processing establishments and their dormitories; Z. Sewage treatment plants; AA. Slaughterhouses; BB. Steel fabrication shops or yards; CC. Vehicle impound lots; DD. Vocational or trade schools; EE. Utility installations; and FF. Warehousing within an enclosed structure. Case No. 11 -003 Staff Rpt. Page 9 of 15 Public Hearing Item 7 -B P &Z January 19, 2011 17.105.020 Conditional uses. The following uses may be permitted by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Acetylene gas manufacture or storage; B. Ammonia, bleaching powder or chlorine manufacture; C. Cement, concrete, lime and plaster manufacture; D. Chemical bulk storage and sales; E. Garbage disposal sites, dumps and sanitary landfills; and F. Petroleum or flammable liquid production, refining or storage. 17.105.030 LOT REQUIREMENTS. A. Lot Area. The minimum lot area required is 20,000 square feet. B. Lot Width. The minimum lot width required is 75 feet. 17.105.040 YARDS. A. Front Yards. 1. There shall be a front yard of not less than 30 feet. 2. The front yard, when facing a state highway, shall be not less than 50 feet. B. Side Yards. 1. There shall be a side yard on each side of a principal building of not less than 20 feet, except that approved fire wall installations between adjoining structures provide for construction on the lot line. C. Rear Yards. 1. There shall be a rear yard of not less than 20 feet, except that approved fire wall installations between adjoining structures provide for construction on the lot line. D. Exemptions. Waterfront industries are exempt from the requirements of this section. 17.105.050 BUILDING HEIGHT LIMIT. The maximum height of a structure is unrestricted, except that no structure shall interfere with Federal Aviation Administration regulations on airport approach; and provided further, that within 50 feet of any residential district boundary, no portion of any structure shall exceed the height limitations of the residential district. 17.105.060 PERFORMANCE STANDARDS. All permitted and conditional uses shall comply with the performance standards listed, where applicable, in this section. A. Noise. The noise emanating from a premises used for industrial activities shall be muffled so as to not become objectionable due to intermittent beat, frequency, or shrillness; and where a use adjoins a residential district, the noise loudness measured at the boundary line shall not exceed 90 decibels. B. Lighting. Any lighting shall not be used in a manner which produces glare on public highways and neighboring property. Arc welding, acetylene torch cutting and similar processes shall be performed so as not to be seen outside the property. Case No. 11 -003 Staff Rpt. Page 10 of 15 Public Hearing Item 7 -B P&Z January 19, 2011 C. Fire and Safety Hazards. The storage and handling of inflammable liquids, liquefied petroleum, gases and explosives shall comply with the fire prevention code and all other applicable laws and regulations. Enameling and paint spraying operations shall be permitted when incidental to the principal use and when such operations are contained within a building of two -hour fire - resistive construction. Bulk storage of inflammable liquids below ground shall be permitted if the tank is located no closer to the property line than the greater dimension (diameter, length or height) of the tank. D. Odor. Uses causing the emission of obnoxious odors of any kind and the emission of any toxic or corrosive fumes or gases are prohibited. E. Dust and Smoke. Dust and smoke created by industrial operations shall not be exhausted into the air in such a manner as to create a nuisance. F. Open Storage. Any storage shall not be located closer than 25 feet to any street right -of -way. Any storage shall be enclosed with a fence acceptable to the commission. Whenever lumber, coal or other combustible material is stored, a roadway shall be provided, graded and maintained from the street to the rear of the property to permit free access for fire trucks at any time. G. Screening. Where an industrial use is adjacent to and within 100 feet of a residential use or zone, that industry shall provide screening as approved by the commission. COMMENTS The applicant has requested a similar use determination to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted uses or conditional uses in the I- Industrial zone. The petitioner has discussed with staff the prospect of obtaining a similar use determination comparing contaminated soil treatment with a permitted Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) for which the property has been previously permitted (Zoning Compliance Permit BZ00 -045). These uses have been determined to be similar in character and impact by staff in past when similar use determinations for permitted uses were allowed to be done administratively. Because that process could only be appealed to superior court and not to the commission or assembly, the code was amended to make all similar use determinations at the commission level and thereby provide a higher level of community review for these decisions. Although a public hearing is not specified for similar use determinations pertaining to similar use determinations, staff typically schedules them as such as a courtesy to the community. Similar uses may be permitted subject to Planning & Zoning Commission review and approval per KIBC 17.15.090. A & B. Recognizing that it is not possible to list an infinite number of land uses for a given zone the similar use determination allows the commission to consider the specifically enumerated uses in a given zone as a range of uses upon which comparison can be made. It is then up to the commission to determine the relative similarity of character and impact associated with proposed uses that are not specifically listed for the zone, but which may share certain characteristics in common with listed uses or which may fulfill the intent of the zoning district in question. Case No. 11 -003 Staff Rpt. Page 11 of 15 Public Hearing Item 7 -B P &Z January 19, 2011 The petitioner has not provided a specific plan for treating soil on the site so that it is not possible to consider this use proposal as a conditional use at this time. Indeed, if the commission finds the contaminated soil treatment use to be similar in character and impact to an Asphalt Batch Plant and Mixing Plant, Manufacturing or Refining use, then a site plan could be submitted over the counter for zoning compliance review in the same manner for a permitted asphalt batch plant use in the I- Industrial zoning district. Past experience with ADEC approved soil treatment methods have shown that the most intense treatment methods for petroleum contaminated soils are very similar to the character and impact of an Asphalt Batch Plant and Mixing Plan, Manufacturing or Refining use. In particular, soil treatment utilizing thermal desorption methods such as a rotary kiln or enclosed oven, which involve the application of high temperatures on the petroleum contaminated soil, are comparable in the required application of high temperatures used to create asphaltic compounds. In the case of contaminated soil treatment the goal is to burn off the hydrocarbon contaminants and in the case of asphalt batching and mixing the goal is to introduce specialized petroleum substances at high temperatures that will eventually harden into a road, path or driveway surface when applied and cooled to ambient air temperatures. Both processes can create hydrocarbon air emission byproducts depending upon the technology or treatment process employed. These emissions are regulated by ADEC. Both uses also have the potential to create additional contamination through the escapement of runoff or the accidental loss of petroleum products during the transport, handling or treatment of the materials. Again, these risks are regulated by ADEC which typically specifies containment, handling and treatment techniques and procedures suitable to address the risks associated with these activities. In particular, ADEC typically requires an engineered site plan for soil remediation sites and the petitioners are unlikely to want to bear that expense until they have a final decision on the similar use determination. Because the applicant has not provided a specific proposal or site plan, it is difficult to speculate on the potential impacts of the use in terms of the scale, quantity and duration of the use. Nevertheless, staff believes the commission can rule on a similar use request, either as a permitted or conditional use, so that the petitioner could then develop a definitive proposal just as they would for an asphalt batch plant (with over the counter review) or a petroleum refinery (with conditional use public hearing review). The use of the site could be intended for a one time opportunity or could be established as a long term use at this location, subject to the development of a sustainable market for this service in the community. If the commission determines that the proposed use for contaminated soil treatment is similar to an asphalt batch plant, further site plan review could handled through the typical zoning compliance permit process per Kodiak Island Borough Code 17.15.060 A.1 The I- Industrial zone has certain performance 1 17.15.060 Zoning Compliance. Zoning compliance is required for site grading (excavation and fill), erection, construction, establishment, moving, alteration, enlargement, repair, or conversion of any building or structure in any district established by this title, subject to the following: A. An application for zoning compliance will be filed with the community development department on a form provided by the department. If the application meets the requirements of this title, as verified in the department, and other applicable regulations, a permit will be issued. An as -built of the property may be required to ensure that applicable requirements can be met, when existing structures are located on the property. Any zoning compliance permit issued is subject to the same expiration, suspension, and revocation provisions as a building permit issued for the same construction project (See Uniform Building Code Section 303(d) and (e), as currently adopted under KIBC15.05.020.) Case No. 11 -003 Staff Rpt. Page 12 of 15 Public Hearing Ilem 7 -5 PAZ January 1B, 2011 standards that staff has in the past accepted as being met upon satisfactory evidence of compliance with ADEC and Uniform Fire Code regulations. This is due to the fact that KB staff are not technically qualified, equipped or authorized to regulate environmental concerns pertaining to air or water quality, or fire safety concerns regulated by the fire code. Staff and the commission are qualified however to perform screening and lighting reviews that may be required for certain outdoor storage uses or when industrial uses are within close proximity to residential use or zone. While staff has discussed above the use of thermal desorption to treat contaminated soils, this should be viewed as a "most significant" scenario as there are other treatment options which carry much less risk of impact or contamination than the thermal desorption process. If the commission finds that the proposed use is not generally similar in character and impact to a permitted asphalt batch and mixing plant it has the alternative of considering a potential use in the conditional use category which is Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F). Staff understands the Petroleum or Flammable Liquid Production, Refining or Storage use to be typically referred to as a "petroleum refinery" or "bulk petroleum storage facility". The environmental and safety risks involved with facilities of this type are typically much greater than you would see with an asphalt batch and mixing plant. The temperatures and pressures used to refine petroleum products, regular transfers of bulk product for distribution or simply storing large bulk quantities of product on site involves a much higher degree of risk. A petroleum refining or bulk storage use would not likely fit on a site the size of the property proposed for this similar use review. Nevertheless, if the commission felt that this was a closer fit in terms of character and impact to the proposed soil remediation use, it could approve the similar use determination for this use and thereby provide the petitioner with the opportunity to present a detailed site plan at a later date through the CUP public hearing process. This would provide not only a greater degree of public review but would also give the commission a greater degree of discretion over potential stipulations to address any code concerns arising from the proposal or reasonable concerns of the community. That said, staff does not recommend this alternative just for the sake of a more in depth CUP review unless the commission truly believes this use is similar in character and impact to a petroleum refinery or bulk storage facility. Staff would point out that similar use determinations are themselves appealable to the KIB assembly sitting as the Board of Adjustment. A check of the most recent soil treatment similar use determination granted by the commission for a lot in the I- Industrial zone was Case 04 -013. This case was reviewed as a both a similar use and CUP for a thermal desorption soil treatment facility to be located on Lot 6, Seaview Subdivision, across and upland from the LASH terminal. This soil treatment facility was permitted with 8 conditions of approval and one finding. The facility was never developed however and the CUP has long since become null and void. Case No. 11 -003 Slaff Rpl. Page 13 of 15 Public Hearing Item 7 -B P&Z January 19, 2011 RECOMMENDATION Staff recommends that the Commission grant this similar use determination and find that the proposed treatment of petroleum contaminated soil is a use similar in character and impact to a permitted asphalt batch plant in the I- Industrial zoning district. In the alternative, the commission may also consider a motion to approve a similar use determination that a contaminated soil treatment use is similar in character and impact to the conditional use of a Petroleum or Flammable Liquid Production, Refining or Storage use. APPROPRIATE MOTIONS Should the Commission agree with the staff recommendation, the appropriate motion is: Recommended Motion Move to grant a Similar Use Determination, according to KIBC 17.15.090.A, to allow the storage of petroleum contaminated soil on Tract of Tract A, Bells Flats Alaska Subdivision', for the purpose of ADEC approved treatment as a use that is similar in character and impact to a permitted Asphalt Batch and Mixing Plant, Manufacturing or Refining use in the I- Industrial zone, in accordance with KIBC 17.105.010.C, and to adopt the recommended findings in the staff report dated January 6, 2011 as FINDINGS OF FACT for this case. RECOMMENDED FINDINGS OF FACT 1. The proposed soil treatment use is similar in terms of the character and impact to an Asphalt Batch and Mixing Plant, Manufacturing or Refining Use which is permitted in the I- Industrial zone in accordance with KIBC 17.105.010.0, because both processes are used to convert petroleum products from one form to another through the application of high temperatures (although some biological soil treatment methods do not require the application of high temperatures in order to be effective over a much long period of treatment). 2. Both the permitted and proposed uses involve the storage of rock/gravel material mixed with petroleum products on site, and both uses can have similar emissions, environmental risks and safety risks. For this reason both uses are similarly subject to ADEC regulations and Uniform Fire Code regulations which are able to be applied to a wide range of scale and treatment options available to treat petroleum contaminated soils. Case No. 11 -003 Staff Rpt. Page 14 of 15 Public Hearing Item 7 -5 P&Z January 19, 2011 Alternative Motion Move to grant a Similar Use Determination, according to KIBC 17.15.090.A, to allow the storage of petroleum contaminated soil on Tract E of Tract A, Bells Flats Alaska Subdivision, for the purpose of ADEC approved treatment as a conditional use in the I- Industrial zone as a use that is similar in character and impact to a conditional use, specifically a Petroleum or Flammable Liquid Production, Refining or Storage use. in accordance with KIBC 17.105.020.F, and to adopt the alternate findings in the staff report dated January 5, 2011as FINDINGS OF FACT for this case. ALTERNATIVE FINDINGS OF FACT 1. The proposed soil treatment use is similar in terms of the character and impact to a conditional Petroleum or Flammable Liquid Production, Refining or Storage use, in accordance with KIBC 17.105.020.F, because both processes are used to convert petroleum products from one form to another through the application of high temperatures (although some biological soil treatment methods do not require the application of high temperatures in order to be effective over a much long period of treatment). 2. Both the conditional use and proposed use involve the storage of petroleum products on site, and both uses can have similar emissions and environmental risks. For this reason both uses are subject to ADEC regulations which are able to be applied to a wide range of scale and treatment options available to treat petroleum contaminated soils: Case No. 11 -003 Staff RpL Page 15 of 15 3 W4 , c C II II — ub}Ye- kleering Item 7 -B P& 'Januanj 1 , 2011 e•ZLJ2-" (. KODIAK ISLAND BOROIfdH C■1MUN1TY DEVELOPMENT DEPARTMENT ll 1� 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item V1 -C J PUBLIC HEARING NOTICE JAN " 4 n.2Nill UNITY A public h grin_ will . - held on Wednesday, Au gers $, O.1L The meeting will begin at 7 :30 p.m. in -p4Useiti . +y Chambers, 710 Mill Bay Road, Kodiak Alaska, before the Kodiak Island td1Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: 11 -003 John Zbitnoff A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the 1- lndustria! zone, including Asphalt Batch and Mixing Plant, Manu"fat.turing or Reining (K1i3C 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020,F), the latter use would also require a ,yonditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- lndustrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. ('utrtments must be received by i zjB 3, 2010 to be considered by the commission. The commission shall not consider any new information ._suss submitted lass than fifteen (15) days prior to a 16, 2010). You may tax your comments to (907) 486 -9396. appropriate public hearing section of the meeting. The telephone number b 1- 800 -478 -5736. 11. 2010, a work session will be held at 7:30 p.m. in the material for the cage. if you d :sagrec with the Commission's decision on this rights, please feel free to call us at 466 -9363. a6 L3 € LL ,� J k Cii regular meeting date (Planning Zoning Bylaws amended June To testify via telephone, please call in your comments during the local caU -in telephone number is 486 -3231. The Alaska toll free One week prior to the regulai meeting, on Wednesday, August Kodiak Island Borough Conference Room ( #121), to review the packet Kodiak Island Borough Code provides you with specific appeal rights request. if you have {a-ny questions about the request or your appeal Your Maroc ,.)01, n �.-1 01.e. psi Milks„, Addrevs: ^ a + Your propert�){drscription: / Oct L 5 e `.� slim a,...e commmt.: 4 i IL .../4.• • 1 -T '1a.. J 1 L Awl 1 : _ ul, kall.C-^ n� x�1 J .) ... �i0 V �J*A. ■ •1111 �. nS . 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J .4, 4 41,41 LA/Ca-1)41/1A , Case No 11 -003 Public Comment Page 1 of 1 Public Hearing Item VI -C Case No 11 -003 Introduction Page 1 of 4 RIR 1� 1T1iilar use determination, according to • KIBC 17.15.090.A, to allow the storage of Current Location petroleum contaminated soil for the purpose of ADEC & Z Case # 11 -003 approved treatment as a use similar in character to a John Zbitnoff permitted Asphalt Batch and Mixing Plant, Manufacturing or Refining Use or as a conditional use such as Petroleum or Flammable Liquid Production, Refining or Storage. ... 4.■,,,g7v , ( 11S 4 .. ... \,. . , ., .... . i;... ,.. .s. ... l j r .,, .. ... „. 4, v.... 0:„. ....:.. . ._..., _ _ .„..... t ' J v •• - F tiM '. bi y _ Kodiak Island Borough GIS System .W J. S 0 295 59C, 1,180 1 77( 2,360 Feet This map was prepared from the Kodiak Island Borough's GIS System. II is prowled for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at 1907) 486 -9333. Case No 11 -003 Introduction Page 1 of 4 Public Hearing Item VI -C P &Z August 18, 2010 Case No. 11-003 Introduction Page 2 of 4 Public Hearing Item VI -C Case No 11 -003 Introduction Page 3 of 4 =. Kodiak Island Borough Zoning Map Community Development Department \,,Akf Request: A similar use determination, according to Current Zoning KIBC 17.15.090.A, to allow the storage of & Z Case # 11 -003 petroleum contaminated soil for the purpose of ADECC approved treatment as a use similar in character to a "' gent: John Zbitnoff permitted Asphalt Batch and Mixing Plant, Manufacturing ` or Refining Use or as a conditional use such as Petroleum or Flammable Liquid Production, Refining oraige. pry -:` / . - . -. ei 7 490 980 I i ■ 1 r r i h (Iiihf. 414\ NW- 41111,4 1, ■• 40 1 #4- - -.. N,„ i .• i MI 4 >! ' lir • Zoning Legend IPBusiness Light Industrial Single Family Residential Retail Business Rural Residential 2 Conservation Natural Use Two Family Residential Rural Residential = Split Lot Zone Industrial Public Use Multi Family Residential F .I Rural Residential 1 This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Case No 11 -003 Introduction Page 3 of 4 Public Hearing Item VI -C P&Z August 18, 2010 Case No. 11.003 Introduction Page 4 of 4 John Zbitnoff P.O. 8849 Kodiak, AK 99615 Community Development Department and Planning and Zoning Commissioners: I am requesting a postponement of my case until the January meeting of the commission. This summer and fall is finding us too busy and we will be out of town until after the first of the year. Should you have any questions call me. Thanks for your consideration C� \John Zbitnoff /i -2001c' r. -79 ECEOVE i I L{ AUG 10 2010 j' '^'.'MUNITY DEVELOPMENT DEPAT: 7'.' Public Hearing Item VI -C KODIAK ISLAND BOROUGH - COMMUNITY DEVELOPMENT DEtARhNT 710 Mill Bay Rd.. Room 205, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 486 -9396 www.kilo.co.kociiak.ak.us Applicant Information Property owner's name JQl -iAJ 23 ► D0F Property owner's mailing address 8 19 City State Zip Home phone Work Phone E -mail Addr Cv54 7.3E) Agent's name (If applicable) Agent's mailing address City State Zip Home phone Work Phone E -mail Addr. Property Information r • 7 Property ID Number /s A 13 L L S - ---- 12�c T C oF' / ai l C: 1 4 Legal Description P_- .-r 1- Y3 Current Zoning: riV I'D J S 717--/ A ( Applicable Comprehensive Plan: Year of Plan adoption Present Use of Property CD it) S-2t,L •v Y/4,t-Q Proposed Use of Property Si-9L 1 (1y�C� YA f Q tl a4-rOil �.- +�rs>r V 1., c es,. / 7, id S oie 4) er /7- ion, dzeC') (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification I hereby certify as the property owner /authorized agent that this application for Planning and Zoning Commission review is true and complete to the best of my knowledge and that it is submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plan' for variance and conditional use requests and which may include optional supporting documentation as indicated below. Additional Narrative/History As -built Survey Photographs Maps Other 7/\J2 A / 7j1 x OJ c.1n/E /J Property Owner's Signature Date Authorized Agent's Signature Date 1A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation, utility services, structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source The New Illustrated Book of Development Definitions, ©1993 by Rutgers University) Code Section(s) Involved: STAFF USE ONLY Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KIBC 17 67 020.8) $250.00 -' Other (appearance requests. site plan review, etc Zoning change from to (KIBC 1 Appl tion - eceived by: • Staff signature and .f i JUL' -1 PAYMENT VERIFICATION Kodiak Island borUugh Finance Departmelit 1 - 00 3 Case No. 11 -003 Application Page 1 of 6 SALE KODTAK HSLL BAY AD 0H KODIAK. AK 996166340 TIDt 00000382163 TIRE: 11;35 M DAIS: 014010 MERCHANT A: 329161011991 VISA INVOICE: 0000078005 APPROVAL CODE:03564C SEO: 004 TOTAL AMOUNT M1M0.00 2BITKOFFN0CELVN L CUO211 COAT Kodiak Island Borough 710 MW Bay Rd. Kodiak, AK 99615 ACT A PLAT 81 -8 RECEIPT DESCRIPTION )ther or Miscellaneous ,PPEARANCE REQUEST ype Detail harge M Public C Paz Au 011 - 00000001 RECEIPT NO. 2011- 00000004. CASHIER Teresa Medina TRANSACTION AMOUNT $150.00 Amount $150.00 Printed by: Teresa Medina Total Amoun $150.00 Case NPa9e03lA0icion Page 2 of 8 0710112010 11:35:45 AM • • • •. • r � T- •.••. • r `„ ay. 7•,nrr .•roP♦r •, • -•- : ;0 Public fi+ �• . •rr, r.r�,M ^ v. � +�• P82 August • • It 6++ .5 r, >rr'd • t 2. S'. !.t. /r i ,.•+sir 4 • • .0 • ��.....1111 .. •.... 5. • • • RUSSIAN _ • • 1640' t • Z ;J • • • i T!•_ ♦ !r f • • ,lam ,r :1 rq�f� •• • S.1• • ./ . J� lli f �71‘43 ,jt.. S • 4•48.44,,A7 A ar O ••• 1J4 I �Kj 'Iji• • • 1 1$7v IV. 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C MC e• OT C 1 f 41' NOT[! 16 2 336 T 03' C •400' ^,,,7• , 0 N. 2T 44 ss C •. Tr 1. 411 ror •..••Or..••• u.r.* •C .. ••••; ••• • IV • 11• sap •..•.. • •'..e * r W ear .•�•' a, . -z _.. ? I. 111• 90 L7 •.O.1' p034 p06.61d :."4 . 2311 :Y 3 5! •r. C /Yq - 2f i 4• R!' 4 C C 410.0' (NN. — .•• 2 • i �.�� sr �t.; •, 1,,� , \ '\/ KODIAK ISLAND ZvI-U r �. �. M l\ r?va►6/wf6l7.41••!1q• ¢'263 .,..+e_"1 ..... {r}onr'•Jt0•70 :• ,".E17•••rele"• ;••! ;. • s.t'� - rs'.rxe +.- ..+r -. ;•...- .r....lyr-• r- ;.r- •elyar.. c.'"'e... • •. Case No. 11 -003 Application Page 3 of 6 rf.. C . • • 1' 4 . A • • t 0) • S 4 i • Il ,rrj. k : • , .. .;:ayss,yrn+vi" i Si i FA444g4;4144 E $C8M.4484a 1 . • t4 M i 81.a888g4i.1 • ettt ill z= =s. a1 ,ii'St'ii�4i;4i1ii4$i: Vy't'q 1 i.. .• .44011"4414444WWWIA USX E°rt ° f“.. 3e..P14;“gt , 1. . r•, aer tail' . Rr. tit !:r Public Hearing ice, VI -C . p&Z ALigust 1-8, 2"N%• • • .. r -• • u v itt • N VypK • ••i,�tir'•�i �i��. $ .. 5, t O s • 4- ,; • { if0i J ` e St Der • , R„ • �\ /j^ /•v • • +•*1 . 3± y f t!S 4•, \ • • • P. J F t y.;;.C" tQ r..--...• te42 • Public Hearing Item VI -C P82 August 18, 2010 Bud Cassidy From: Duane Dvorak Sent: Monday, June 21; 2010 8:08 AM To: Bud Cassidy Subject: RE: Used of Industrial Land in Womens Bay for EF (Soil Remediation) That was the gist of the similar use determination for the Brechan property way back when. That was approved by staff but now all similar use determinations must go to the P&Z Commission. So while I think the rationale is still valid, only the commission can say for sure what they would accept. -- Duane From: Bud Cassidy Sent: Sunday, June 20, 2010 6:12 PM To: Duane Dvorak; Martin Lydick Subject: Used of Industrial Land in Womens Bay for EF (Soil Remediation) Double checking with you .. . The use of industrial zoned property (at the entrance of Bells Flats Subdivision) for remediating the soil now stored at the high school would require a similar use determination... maybe similar in use and character as KIBC 17.105.010 Permitted Uses - Asphalt batch and mixing plant, manufacturing or refining or KIBC 17.105.020 Conditional uses — Petroleum or flammable liquid production, refining or storage.. Would you agree? We have an owner (Zbitnoff) that might be working with Woody. Thanks 1 Case No. 11 -003 Application Page 5 of 6 Public Hearing Item VI -C 1382 August 18, 2010 Case No. 11 -003 Application Page 6 of 6 Public Hearing Item VI -C P &Z 18, 2010 Case No. 11 -003 Public Comment Page 1 of 93 W. IRV Mir Request a Similar Use Determination, according to KIBC 17.15, Current Location 090.A, to allow the storage of petroleum contaminated soil for the' purpose of ADEC approved treatment, as a use that is similar' 465 Sargent Creek Rd. character and impact to permitted or conditional uses in th P & Z Case # 11 -003 I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or John Zbitnoff Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use ' permit (CUP) review if approved as a similar use by the commissio Iotj.. Ow A ``` ,,,,awiy„,„„,,* i. Ar tw....4... „ :.. ■4.,--- i00.-.,, ir -.....A., wi•vP.It-• t-. ,.... • kvi# , A \t‘ty. .- ‘40t,v s 117- re..*** 44 . . ' iii ,k44 i # 4,* ■•••or A 0, . 4k.., 44 at 411741 ..* Avi , t .,,- 0 Kodiak Island Borough GIS Legend W A` WI E Subject Parcel n 900 1 BOO 3.600 Fee, Notification Area This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Case No. 11 -003 Public Comment Page 1 of 93 UNITED STATES COAST GUARD P.Q. sox', KODIAK, AK99619 STEELE PROPERTIES JEFF STEELE PO B0(3369 , HOMER; AK 99603 KODIAK ISLAND BOROUGH 710 MILL BAY RD ,KODIAK, AK 99615 K LIVESTOCK CO;OP. .P.O. BOX 273 KODIAK, AK 99615 Public Hearing Ite P&Z 18, 2010 BRECHAN ENTERPRISESINC P.O. BOX1275 KODIAK, AK 99615 MARY MATHES P.O. BOX 2015 KODIAK, AK 99615 DALE RICE KONIAG INC JANET WENTE 10746 BE4I.S. FLATS RD 194 AumAQ pR. 10826.BELLS'FLATS RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 'THOMAS DEMI PAUL WHITTLt DALE.WILDE 10928 BELLS FLATS ROAD P.O. BOX 933 . 11016 BELLS FLATS-RD KODIAK, AK 99615 KODIAK AK 99615 KODIAK,-AK 99615 ;JACK MCFARLAND Dave COniad Scott Griffin PO BOX 2342 PO,Box 2518 .597 Sargent Creek Rd KONAKAK 99615 KODIAK, AK 99615 KODIAK; AK99615 Amanda Henderson 12906 NOCji Drive KODIAK, AK 99615 Dave Heurnan 883 Presttin -Lane KODIAK, AK.99615- Jessica-Hom 665 Sargent-Creek Road KODIAK, AK 99615 Johfrlsadore George Lee Dale Rice Box 33 174 Otter Avenue, 538 Sargent Creek Road KODIAK AIC 99615 KODIAK, AK 99615 KODIAK-AK .99615 JOHN ZBITNQFP PO BOX.8849 :KObIAK„ AK99615 WOMENSBAY COMMUNITY COUNCIL 538 $ARGENTCR,EEK RD KODIAK-AK 99615 ADF&G 211 MISSION.ROAD KODIAK, AK 9961.5 Jascha Zbithoff 1731 Mission Rd. Kodiak, AK 99615 VI-C ,STATE OF,ALASKA DEPT, OF TRANSPORTATION & PF- PIANN1NG SCTN. PO BOX 196900 ANCHORAGE. AK99519-6900 Case No. 11-003 Public Comment Page 2 of 93 Public Hearing Item VI-C P&Z 18, 2010 KO.DIAK ISLAND BOROUGH : • .. • • UNITY DEVELOPMENT DEPARTMENT. 710 Mill Ilay ioad, Kodiak, Aii.ska:99615- , • • PUblie flearintlItOm VI-C A public hearing will 'bO 'held.on: Wediresday,,AtiguStI8,201.9. The rrieeting: will begin' at-1:30 1,:rn: in the--.BOroughAssegibly clianibers;...liti Mill tai:'Road,...1COdiak.-..-Alaska. before the .Kodiak lsland Borough Planning and ZoningiConimission, to hear comments if any on -the following requeSt: APPLICANT ..:JcihnZbitriciff: REQUEST. A .Similar- Vse -Determiltation, according to KIBC 17 15 090 A to allow the storage of • , • petroleum contaminated soil for the purpose ADE. aptirove&freinixiit, as a use that . • • ' is similar in character and impact to permitted or conditional uses inithe zone, including Asphalt Batch and Mixing Plant;-"ManufactUring or :Refining II.:165.010.C): or, Petroleum ar Flammable Liquid Production; Refining or Storage - - : (KIBC 11.105.026.F), the latter use would alio:retptire a conditinnal.use,pentikt(CUO review if approved as a snnilar use by the LOCATION: Sargent Creek Road This :notice ik beingjent to you :because our records indicate., you are a:property owner/interested party in the area of the request If you do not .wish to testify 1?Crb40, you may provide,your.comincins'in the Space- below or in a Itter TO, the Community bevelapme:rit bepnrtment. Commenis must be reeeived be 5 pm.- A.nutist 3. 2010 to be enOldered bv `the commission., Tite:cioninixvion- shall not . cam-41a an ninf, infininiiiian xiiinnined liws 7111171 fifj-iyti (15):dais. prior ion a repiliir,ineciing dote (Planning .Zoning Ilylaw,V,anlinnleil June 16. 2010) You may fax your comments :To (907) 486-9396: To testify. viii'•tcleihone, please call -*lour comments dining the 'appropriate pcblic.heiring section of the trie:eting. Tlie joeal.call=iii.telephone titunber.is. 486-323i. tbe•Alaskartoliftee telephone number is 1,88047.8-5.736.. ' : ' . ' , : • . ', . ' .., . ..„ . • .. . .. . . . . _. - .. . . . .. . • - — .- , .•. • . One. Week ilrior tr)•-•the:-.regulafrneeting:.an,,WednesdaY;•Augusi-11,,2010,.a work •14ession wilt be held at 730 pm .: in the icodiak•1Ippo'•Borottgkctritference. Room (0121) to-revieiv the iacket material foithetase. . . -,' ,-;: • :'....-,•.' ' • -,;- . , • '..:'" Kodiak Wand Borough Code provides you with:speeifieappeal:rights if;you.clisagree with the CorniiiisSion's decision ein this request 160 6ir.:afii. questions about the request or your 41341 rights,Plea_sefeel. free to call us at 484-00.-:' , .• - -.• tour Nam Tee,...-64..) fiorrl - — '. ' • • Maw Aild to66-Sti'rert-/- creek . . you, poptr0,. &scrip:16i: S'ar Si,vi.1- effk, '51A L,/,''3'. • ' ••• - - • : , : . - - ' . :J.: Y,•:•.-•.......- i-- ....:. . oc..., .--,,, • coaiiiiiiigi Wiy"' ,tri, ly . Inos • .'u53-. - 1-12.• • rOz,- A -(tryi -- • A I - .A.I.- . • ' . . . - I. ...la .. . - 0, ,.... , • - .. .• • - .. • ''. ci,.. -•,,A--sii-j• -,4,:. we . ' -' - n ''. In & -&5tcier; ' Y€ A.i"',.3. ' '' • Co-- -• A 'A '' `,..Q' i-^ • • • e5, - te- • ,-. wort- e 1.:."Zirrx.. "C"11;541 . —a* •••• .. . . Irs\A c,i.1 Z,:',..1.4,ii. ...-IlAi.,.c.; - -k11:-filc:,,„ -4',:-.,:qtliiek- 9,A ' Ci•-p. k cyril , 1 • - '6'^uNi a AY-. ------ 3cro.-,-:' A.,.-d -I' - .0116':.. a_., . Clevek - - • . r .1.'s - it nri3in frA . e AAA, — - f<2,7r .A.:-...Okt: - o . iliN - - • L--) OCL4,,,n - -Atkot,y- 044-- tr; f .g.16\ ;.tA,"i. - (....,:■?Seiv15 • .- ' . . •' . ' , 1,4mA .t.s C ) ... ., . .. . . .. . .. .. .. . ... ,. . , - 1 • . "b'• . IAA- - 4 -. . • y3-;h .; ' .,.. deriv 4-1‘Altep- . . . .. 1 . ... . .. - . . .. . .- ...-. s . ... , . ,_ .... ... , .. . .„ . . — . . . . Case No. 11-003 Public Comment Page 3 of 93 ( > Public Hearing bamV�C � 1 2010 " Case No. 11-003 Public Commen Page 4 of 93 Public Hearing Item VI -C P &Z 18, 2010 KOiDIAK ISLAND BOROUGH (COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Itetn VI -C PUBLIC EARING NOTICE A public bearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:3.0 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak. Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: 11 -003 John Zhitnoff " se Determination, according to KIBC 17.15, 090.A, to allow the storage of ontaminated soil for the purpose of ADEC approved treatment, as a use that is si (iitl i 1 character and impact to permitted or conditional uses in the I- Industrial AUG _ � ttc)ne, g. • tnL, Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC �u U 17.10 C) or. Petroleum or Flammable Liquid Production, Refining or Storage 05.020.F), the latter use would also require a conditional use permit (CUP) COMM DEVELOPMENT' IEOP Vi NI' proved as a similar use by the commission. L C.c,c,k Road I- Industrial ZONING: This notice is being, sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. C'rmnte-.nits 1111l5t he received by 5 nnu. /mitts! .■. 20111,0t be. el)uxidcr =_d IR the (`0 i11nlissiatt. The I"ttnuni.1'. ion chai1 1wt c,tnbith r any IIt'h' infirmatiof s::h,uits'e 1Ps than fifteen (15) ,lurx prior to a -9396. The in the on this Q� r`'^ ,c. u1ar n:rctinz' rlrit' [Ntw:uing Zimin,: F1plrnss untcm;crd Jim(' 10. 20.I0), You may fax your comments to (907) 486 To testify via telephone, please call in your comments during the appropriate public hearing. section of the meeting. local call -in telephone number is 486 -3231. The Alaska toll free telephone. number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday. August 11. 2010, a work session will he held at 7:30 p.nt. Kodiak Island Borough Conference Room 0121). to review the packet,material for the case. Kodiak island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: J 6' 6 / F I? e Mailing-Address: I I I u G 5a r i`-- .r»- >'r " /c't• four property description: h - e.9-1,— (C.., trt. j 5 ' ,,?- - -__ CAA:. : ec.,._.. �` / Commcna: A ! `a 152:-. ,� e ., r fir j . .. t .! 't" 1 G9 "I 1 J i Ce 14,-\14-. 1,,,_; cr Case No. 11 -003 Public Comment Page 5 of 93 Public Hearing Item Vl-C P8Z18.201U Case No. 11-003 Public Comment Page 6 of 93 CO AUG - 3 2010 Public Hearing Item VI -C P &Z 18, 2010 KODIAK ISLAND BOROUGH ITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, AIaska 99615 Public Hearing Item VI -C UBLIC HEARING NOTICE COMMUNIIY UI:VELOPMENT DEPAR'MENT I-" A-pnl lic hearing will be field on Wednesday, August 18, 2010. The meeting will begin at 7 :30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 11 -003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to K1BC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (K1BC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP). review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments Brost be received by 5 pm, Auzust 3. 2010 to be considered by the c n nlicsinn. The commission shall not consider any new 14orn :Wioir submitted less than (J5) days prior to n 486 -9396. meeting. The p.m. in the on this ,fifteen regular meeting date (!Tanning Zoning Bylaws amended Jane 16, 2010). You may fax your comments to (907) To testify via telephone„please call in your comments during the appropriate public hearing section of the local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 Kodiak Island _Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision request. If you ha any q sti ns bout the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: i/iM / 4 I ' Mailing Address: 2 / Senl ar • r Your property descri tion: Comments: / .e yS /, - -ern/ /?/e e' - $/� /.4, e /i ,!/ le 1 ,Q . '. !! /1 ✓.elf Case No. 11 -003 Public Comment Page 7 of 93 r�� .-' (~_> Public Hearing Item VI-C P&Z 18, 2010 age a Case No. 11'003Public Comment Page 8 of 93 Public Hearing Item VI -C P &Z 18, 2010 Dear Whomever I know you can't count these as written statements exactly but since I kept them for 7 yrs I thought you could at the very least take into account all the people who helped us in our effort to keep our families safe and our property values intact. These are the signature sheets from the Brechan dirt burning fiasco. Submitted by Rose Cobis D EEC EE fl IE " 1 'L J AUG 3 2010 COMMUNITY DEVELOPMENT DEPARTMENT 8/3/2010 Case No. 11 -003 Public Comment Page 9 of 93 Public Hearing Item VI-C P&Z 18, 2010 WE THE PEOPLE, of the Kodiak bland Borough protest the operation and location of a contaminated soil remediation site in our residential neighborhood as well as the faulty decLsion making process that led to this skuothin. NAME PaQ ADDRESS PHONE # 44'i- 5eilge) 7d' 441( .11".0,41.41 -410 AAA. gib;IP 5-11- 8--s-CY 9B 47- ail I y Annelle, A . I z__ 41) . alvirni---wilviljvigver ., -1-alletn- (3-0a 3:00:u Ati/5..,vc krk\ ,11..\0A-E--i-7 zpx.,81:5.3 co "1-(1L-(I 4S-cl 7070 16i—a J2/Nc'Cff2X Xdr./TA fLiIdM.. oirri> 41-g 6r-tei r 6,11 4. 11 0 y_ , a a 111 t/J.0 cV plc ( or, • 2 yg,- 2G Cift‘- 7- —7-9-24/9 7-4/9g/ ext- 13-7 90 0 ore ...,„"ArtelemmegrseiTra .ue AIL 4, ---crIcst Afts_..... .1 .411 ,ft '' I! •,•,'_... air f,m.1 7- .1 -- , 1 ISAIIIr''' ..,1,111. 94 -c( Case No. 11-003 Public Comment Page 10 of 93 Public Hearing Item VI -C P &Z 18, 2010 3 WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediation site in our residential neighborhood as well as the faulty decision making process that led to this situation. NAME ADDRESS r\432./.&.J2-,t--ep ka.A.A.Z.t 0Z 11 (-fa 4( A, 20% [ ;- //Yea �N . PHONE # 1,z3 & o r; C? Late PCtaT 4,a..,. Ur, C. a lam? (21- 42,1.e. • /2A3.1 NO(h ftec ,- Por3 9-5 7 ?PO l+yr2'7 73V W IIC LJ C. e 437 -gz91 5 i1 -2436- 9E77- 4'S7S mini - gn-S 87- 2/03 Ida i t; 11-A_ ss■Dr-\ O c-D .Q V k 4Ak.Igo g,z 11,/4 /0,6,74, / f) .? _, ,! I /a` ELI ' l 15'J(% /i7 /2 L ('(,) 4c», 9 -) 0S` 0 as9 L - ti- 11 / 0 srf7 -v3Lv 5 - 2289 I.. Case No. 11 -003 Public Comment Page 11 of 93 Public Hearing Item VI -C P &Z 18, 2010 3 WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediation site in our residential neighborhood as well as the faulty decision making process that led to this situation. NAME ADDRESS PHONE # is ` e_1 l 12347 Nock Dr. -2,t33 YY.r:,s /CS I W, 3 5'04 cco (9/ 0 9 f 7- 2,'711-7 :a - 31- •; M r M- r – "S\ %..,_�. .r' = _3. � 47 aL /S .A .�1/,e >,,� �,,2 /x.3..ai7. z ..4 - yff' M Lek /i `� sy& /4//) » en B3� b�. r`f8'`7 a i 3 f, irk E. cash' 11(417(1-i An,.,= — \et.. "c.,L; J ,kso..xlii2,. (I i coy (. 'IN.`a- (1 /;oUt 7 -3 (( 81-1 , 'a rile r t Mule_ Pifk. JrxLry�, Zw,��rh0ie� Pcs-,A a 3 c ks /I /O/Is/A- w /LS /za,k. fib c.NrfL W iLc./.-Isc 64 `Aar 6/0 il%rev► m;tkiel" G1✓ Mil.(S�t//��'7 ch. A r ci LJ . cro hs cs: , /es I'%4 '117 -: 3 (1 /.2 3 .i'( J f Y 1� 1T 7 i / 42-7 navy -T , - ;BSc% q. ti -23695 4Sb-2.2£ 3 $17-1/52_5 1, 1306 Moat d-.. /01O.35 Zan a4 -691 SQ, - e 40, �lr�nQ.t� /PPS / f'g-)t 0/1 �., S'V3 areA £4 /ISr3 Y1?irJrile & br, 7o7- Y;7- .2,3'07 G G� 447- 7- 9e1- r7-2763 goq- 984 ,231 o Case No. 11 -003 Public Comment Page 12 of 93 Public Hearing Item VI-C P&Z 18, 2010 WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediation site in pur rpsintjaI neighborhood NAME ADDRESS PHONE # /V 0 VV b2Lo Cooddl IC6 S. TA6s Cc& 1J s, S'1, / 2- k/ /1/(-74 Z2 4 -574,5 ri/4 7O C_y L.74P7-,3414 c17- 2( r5---- 7_7' fy 1.1.,..abosturota 1.14•1111•MKragarm Paoce's ya-kes arth 11".z i rar cw-2_,11.7 LMt eT7 16 ovc 7 /RaNbi? W F/&./A-' MD/5 -7,0Witi, R4 -1 Iro /5 -?j 2 Ir. T� 7 - Case No. 11-003 Public Comment Page 13 of 93 Public Hearing. Item VI -C P &Z 18, 2010 - 36a7 WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediation site in our residential neighborhood as well as the faulty decision making process that led to this situation. fL- tA son max. 2 Sit e X14! (ls4 2 poi- .5w prt L. ,e_ c9 -A)iA1_ P.O, t3 ©Y - 35,94 Kabv6 < (mrei % AtL_Ah75 4,:,r qv', %-m44. /i4/7 "66 S_3 0 511.2v ti vy P4 '1 IGc1•l W8`?-- 41,4 -75' Case No. 11 -003 Public Comment Page 14 of 93 Public Hearing Item VI-C P&Z 18, 2010 WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediation site in our residential neighborhood as well as the faulty decision making process that led to this situatiOn. NAME (3cte ADDRESS PHONE # „,„ a 6 pfzip ej( C41 C wsh 4 4 U_ P'12,--17;1,1 eler 216:7 74. cr SlrkUj Koi re.k) kte le- ts Aw i6 4Jt' '"----freeeret•e"-.7 ilf3 7 idor14PAIC i'Z'71.1 06er. lig 7- c199A 7-Yd3i if .794. S. glArAtUA Pk - A kzA- Case No. 11-003 Public Comment Page 15 of.93 Public Hearing item Vl-C P&Z 18, 2010 Eiss WE THE PEOPLE, of the Kodiak Island Borough protestthe operation SccdiPs and location ea contaminated soil remediation site in our residential neighborhood it well as the faulty declsiou making process that led to this situatido. NAME 0° 66114 11 cuA ADDRESS '4'c 2 A. Po ee 3 PHONE # (Z 14-4 • 1 1- ;•5 i 5 SOi 03— ivA- Aci> ( /, 9 V Allilel111■11,11.111•11010.1.011■1•Miew Case No. 11-003 Public Comment Page 16 of 93 Public Hearing Item VI -C P &Z 18, 2010 d r WE THIN; PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediation site in our residential neighborhood as well as the faulty decision making process that led to this situation. NAME ADDRESS PHONE # / nn gox 1/12.; J15'I3. i J)L� f� . fiA , y8 7. --2.7yO 4 "5- c ( l I .Sad /Za% /r. /�,/i Ft. k .De %/ 7-4 l J 2_,-(' c, ' ' i s O; L-75 _. z_. 3 c---- p- CUr►MiSi`�. �i9 -ZC 1,/11Le /'79 !3C�� pc--./4, 757. 4 -'7 -z (!a; j LSov \ 112.5L( (Po. 5ox2o3(' `fk7- R7 CO L' IncQ SO ilay2 k:k,k. 6 psi - a3(ns �--� Thi tkg P©8oxlyo7 O',°) w -".3 3:3 —' kW L IPI'V`f 1O)C2Q3?) 11z3y MI Lk bey Di& 5.'67- 9i7c?a ✓It 7RosV(ix 1113' LttkP 9( %rr.ilrrC g(i`(907 Ai-kc.S 4 C-, <«-.S7. Lk. e), C - evere a 78 I 1-g 7 •�2 g' Case No. 11 -003 Public Comment Page 17 of 93 Public Hearing Item VI-C P&Z 18, 2010 WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated WI remediadou site in our residential neighborhood as well as the faulty decision 'melding process that led to this situatiOn. NAME ADDRESS - • ..101 a AI fr-t5 1 it igt (et° 14 AL1._Lid i USGantP ILIVARMEISMEININIEt & h2TIM ifI Ltz-ct 0,‘„4. Yof PHONE # 476 9* P yia, • rt_ r , Tivii-k9 ge7 -QZr 9.Z( -vo 5CA- vv,\ aCeNtrvk\-A_1/4-, Pk/ 110 los1 et974471c air) „ 9? .0 - 09 KA--; 11 2;o LW" Crwf -.404 crk ia4 inD Loave-1A Lurtik or ;,/-4.. 12-4 -2 .111111110.1111 Case No. 11-003 Public Comment Page 18 of 93 Public Hearing, Item VI-C P&Z 18, 2010 LsIs 3cJis WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediation site in our residential neighborhood as well as the faulty decision making process that led to this situation. ADDRESS n'sV3 6-74'24 /233 is,-4-14 a-- 1-14 -0 4-6,4- d311- ,16(,1) ThPq2ei Sig 4.4,1, to tjS PHONE :# gg) -Cc>7c W7 - Fe, c' Lf 0 Case No. 11-003 Public Comment Page 19 of 93 Public Hearing Item VI-C P&Z 18, 2010 S( tiote WE THE PEOPLE, of the Kodiak Island Borough .protest the ope and location of a contaminated soil remedistion site in our residential neighborhood as well as the faulty decision tnaldng process that led to this situatidn. NAME ADDRESS PHONE # u 01") '601.3 34.h„ .C4,ANN Cro IPA(/ Lhilp A Rot, 17a1 sc> 149 .1qqa 123- 133 1- q- q Case No. 11-003 Public Comment Page 20 of 93 Public Hearing Item VI-C P&Z 18, 2010 WE ME PEOPLE, of the Kodiak Wand Borough protest the operation and locadon of a contaminated soil remediadon site in our residendal neighborhood u well as the faulty decision =Wog process that led to this situafidn, oiLici.sNsOAToL-F- CLp_a_a- /-iq /5dy. 765/ C (( t4Actlg., MW IC)17r tat itilatilittillEMMINI (I Case No. 11-003 Public Comment Page 21 of 93 ' Public Hearing Item VI-C P&Z 18, 2010 WE THE PEOPLE, of the Kodiak blood Borough protest the operation and Wooden of s contaminated soft romedisdoe site in our residential neighborhood as wall as the faulty decision fielding process that Red to this sitostiew DRES PHONE eril. r•P pr,iy. • ; 9224 4IdI hn Pa& I LrL O <it \-au., 2 c. (kit, ,;40014 `...14.• 11/1. r.../ /3A Fnle 4.00' Jr: op 4 -2.1sy (JTA X 3" e/YePitt-a LoveP -r Case No. 11-003 Public Comment Page 22 of 93 • '—' `—' Public Hearing Item VI-C P&Z 18, 2010 WE THE PEOPLE, of the Kodiak and location or a Coniatninalad soli neighhorbood °si itvoli al the EiMitY this situation. i�. Case No. 11-003 Public Comment Page 23 of 93 { P&Z 18, 2010 ge • /�-_, Public Hearing Item V1-C all lan Case No. 11-OU3 Public Comment Page 24of93 ODIAK ISLAND BOROUGH TY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C P &Z 18, 2010 Public Hearing Item VI -C IC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: 11 -003 John Zbitnoff A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments must be received by 5 pm, August 3. 2010 to be considered by the commission. The commission shall not consider any new information submitted less than fifteen (15) days prior to a regular meeting date (Planning Zoning Bylaws amended June 16, 2010). You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7 :30 p.m, in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Dian, l /no( -the. r- Coont Mailing Address: to -l8'a • Ni d4(e_. 173 DriV-e Your property description: re-S i cte v -4 Comments: T. -V'- -t eti- Ef'c..lk -h. cc:rimowt— cy% -iuo rhatt24_,.th.,„,.-ro i-.- .9,,,,j,..,_ .n.n_a1--arf, . J -4-...... ,-,..---La �ci..� • )1-c,,,)1-c,,,..) ra,.. .. �o-a 7 (01— ik, -0.,,, �r'uit.v.. .-b .Q.c:,..,Q ? --i _ vt.t- .,..., .,.. tc cr- mac. ,..0 .� ccr�� °9 . .. +.,.1 ..4.p-ti ?i0. .., nr-. -}- .1ca+ t)24t)24—,2_ ...4.4f4 J. [_ewt— . . �C IIW ig CA -b-ev - b1 - :-7,0 ,fc -, ._✓ 9R.c L. ?�6 . Y"v ? dOJ -Z ^s.� 14 , Q yy Ov, In . h en" . —P,,,,,,) — . t:u.n co,, , cf , =+ (-44 4...L.1-0.4-6 2.,.. -rir . Y`J / .i- —e•}e- %�wW-,.. /A cieaa..71 -0 y' 'l�v • I. X}�.6trw/ rrJ.,1r '_>. 0. 1[%SC1Jt.'1+...• iJ�°. ct.v . . Lf • -Like ice L - • f a . . D r, - ttet tiY C' A.( M/'-'1--, 1A-n .� - L� t IA) .4)--,e 't-4-.-- - 4-c- 2 ..W.--e...' i ? Case No. 11 -003 Public Comment Page 25 of 93 1)') L%., Ltt9• 446 -,<PC Public Hearing Item VI-C P&Z 18, 2010 Oef2f2:s 1,0t L)b-- bL f3.4, "-"P12-120-44-- 0'6 ma<vvv1-12-"&:--• Case No. 11-003 Public Comment Page 26 of 93 Public Hearing Item VI -C P &Z 18, 2010 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: LOCATION: ZONING: 11 -003 - John Zbitnoff A Similar Use Determination, according to KIBC 17. petroleum contaminated soil for the purpose of AD is similar in character and impact to permitted o zone, including Asphalt Batch and Mixing Plant, 17.105.010.C) or, Petroleum or Flammable Liqu} (KIBC 17.105.020.F), the latter use would also re review if approved as a similar use by the commiss 465 Sargent Creek Road I- Industrial 15, 090.A; to allow the storage of ppre -t4ea r - a- - hat it}n�j u�s 1nVie I 'al COMMUNITY DEVELOPMENT DEPARTMENT C ge P) This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments must be received by 5 pm, Auaust 3, 2010 to be considered by the commission. The commission shall not consider any new information submitted less than fifteen (15) days prior to a regular meeting date (Planning Zoning Bylaws amended June 16, 2010). You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7;30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material fir the' case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the .Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: 1,7'Q,(P 73 1 e t Mailing Address: / 4 76'4, D 4---z Ls F 4 475 j/ Your property description: 5 r a 0 /I/ i3 ,h----1.t. 5 Tr: L.147 s / 1 0 4 7,. Comments: kJ E 144t/er. 1 J 1?/i /bC-r P/15? f H7S c 6 r/7 774) 66-7 /k/ oft 0 0 7- o -/f {34--G1.5 t, 4-4Ts /7 ,pt /s /v,r/, f -(t)ry (Al 141r Tf-175 50 /L g° cy4 t> ? A 4 5 7 `7"t,r2< 77-=15 w45 7 / 1 / trD '.'' Ill / 5. '2 c7 77 t `- f-?-,l7 /vv 5! ✓17/4- 5 1) t '11 r k./wc, 0/f 74-1-71 O - ii--y 7 1 kt o (4 G' w/ 7 iy 77-744.-f- 5 oet o l,(6` %12 ems' i ! Y t'- ze t kf 17,1 7 [p __ F d 7-1/-0---t,-- ./(l £1/ L BTU 1 77t ,'G!/ Ofrr/ f:tto w 1' 7 r /7 ge 'o(1'4 f / o,-t f F-' y i L cL o ✓ v/7 w/ 2-t, rt t se. wl'fE -7- (4 C T 17117Cr¢ pC/1 1" 5P476,/. At- .4 i D f 4 5 5 /•/•7 ) 7/1 U, MI/ L i- /7<v d s r 6 4-/2 r% , 11- 7774 72o 1414 v X. Pq v3 r y 7/. . / 5 4' O W/-v %tJ C V ,9- 2% G^ -f7-?',r /'/O 0 f) t..- r t 4,? E )1 5 o 7 /i .5'y Or., or 7/-115 4v 7 /lt -4y" 5 111.x -roiv 5%2A-79,/5 '//- f/-i-- .1-71/- 5/'1L OF 1-1- ,4Zo CPO S li411-7r.i2.telL t'vrn-d) Q✓rG/,(cj <- --i yoz . �✓� � y` �vNv i i{� cfl674- v f /1'r x'40 W1 /44}p iv(! /f z` x.457 So ,c. ge- -/e, /r iiv Case No. 11 -003 Public Comment Page 27 of 93 Public Hearing I e mVI-C P&Z 18, 2010 ~ Case No. 11-UD3 Public Comment Page 28 of 93 July 29, 2010 Kodiak Island Borough Planning and Zoning Commission 710 Mill Bay Rd. Kodiak, AK 99615 Dear Sirs: :2 AUG -32010 COMMUNITY DEVELOPMENT DEPARTMENT Public Hearing Item VI -C P &Z 18, 2010 This letter is in reference to Case 11 -003. I believe that storing petroleum contaminated soil in close proximity to three bodies of water (the Russian River, Sergeant Creek, And Women's Bay) that abound in wildlife and spawning salmon would be very unwise. The chance that this contaminated soil could leach into these water sources, and into private wells, is too great. I recently heard testimony concerning the 10 year lease provided for Brechan Enterprises to extract gravel in the Bells Flats area. Borough Manager Rick Gifford acknowledged the problem associated with mixing industrial and residential zoning in the same neighborhood; in the case of Bells Flats, a problem that was created by the Borough. Mr. Gifford said that if he could wave a magic wand to correct the problem, he would. Well, you now have an opportunity to wave a magic wand to keep the industrial footprint in Bells Flats as minimal as possible. Even if this property is zoned industrial, it does not need to be developed in such a potentially dangerous manner. Moreover, having additional trucks constantly entering and exiting a property right at the highway entrance to Bells Flats is an invitation to an auto accident. If you decide in favor of the above request, it is clear that the Commission has no interest in addressing the problems associated with mixing residential and industrial zoning in the same area. I hope that you will deny this request. Thank you for your consideration of my comments. Sincerely, be D'Elia 12110 Bells Flats Rd. Kodiak, AK 99615 Case No. 11 -003 Public Comment Page 29 of 93 Public Hearing Item VI -C P &Z18,2010 • Case No. 11 -003 Public Comment Page 30 of 93 Public Hearing Item VI -C P &Z 18, 2010 Rug 02 10 07:36p Rndy V. Bernie Finke 90748728.85 p.l- KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 M ill Bay Road, Kodiak. Alaska:99615 Public Hearing Item'V1 -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010.: The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 11-003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination,. according to KIBC 17.15, 090.A, to;.allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use t1iat is similar in character and impact to permitted: or. conditionaTuse n the 1- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or Petroleum' or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), tEie'Iatter use would also require a conditional use permit. (CUP) review if approved as a similar use by the commission.. 465 Sargent Creek Road. 1- Industrial LOCATION: ZONING: This notice is being 'sent to you because our records indicate :you area property- owner /interested party in the area of the request. if you do not wish to testify verbally, you may provide your comments in the space .below or in a letter to the _ rr.. ;. r:t i„ ;I , Community - Development Department. m:a;.h; rai•un ^:1 a• r :n,a.. i _:..: ,osa i•. ;,, Ct,o`:ai+SNd ., • Ch.;:::::?!...'”!: shell ::d: cilr: wC:lei.'my vest. ili;r:g7:w.fint: ,7:1, :.rti,ti :.';.:/: ..f.,.c . •. ... ;:: :• 2.,,,..2:.,.,,,), , •:, ::, • . -p..t: r • ..... .. : 1 . : : - . , rrendod .11:m ! f , . 2 . ' , ! 7 1 , . You rnay fax your comments to (907) 4864396. To testify via telephone,: please call in your comments - during "the appropriate public hearing section of the meeting. The local call -in telephone number is 486-3231. The Alaska toll 'free telephone number is 1-800,478-5736. niic wet.* prior to the regular meeting. on Wednesday, August 11, 2010. a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (;Y]21), to review the packet material for the case; Kodiak island Borough. Code provides you with specific appeal rights if you disagree with the Commion's decision on this request. If have any :uues�t(ioonns about the, r'e'quuesstt or your appeal rights pplctasse fcei free to. call us at 486- 93/63._ 9�/ Your Name r.' 71Qeile. 1 cc�yr.... M liine.ACldres$: .,37-2...- i ._ 6_ �-e,4' ..4 4 45"-A/c Your propertv,descr" iron: o / / Common - vI . . _ " . r / - _� / / i / f _ _ . .GdLU _.6. Q QCc - '' ) Case No. 11 -003 Public Comment Page 31 of 93 Rug 02 10 07:36p Andy & Bernie Finke 8074872885 4V2.e, /2teeZ4Azie 6-71z1 ,,L42.2-Goe. .0Pr .2:91 '721-424d Public Hearing Item VI-C P&Z 18, 2010 P•2 .fre=0,(2a&el Aezy 4-21,5e 2-uae azeerz. .,7m,e4L Case No. 11-003 Public Comment Page 32 of 93 Public Hearing Item VI -C P &Z 18, 2010 KODIAK ISLAND l: ®,' OUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Heating Item VI -C PU C> LTC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak. Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: I1-003 APPLICANT: John Zhitnoff e1Determination, according to KIBC 17.15. 090.A, to allow the storage of Laminated soil for the purpose of ADEC approved treatment, as a use that h aracter and impact to permitted or conditional uses in the I- Industrial z Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC or. Petroleum or Flammable Liquid Production, Refining or Storage .105 020.F), the latter use would also require a conditional use permit (CUP) (- IMMUNITY DEVEi.OPNimVmift'li oved as a similar use by the commission. LOCA3 ON- 463- Sargcnt -Czcck Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property ownerrinterested party in the area of the request. If you do not wish to testify verbally, you may proyide your comments in the space below or in a letter to the Community Development Department. ['ommenlc must ht rteei\eil by 5 )m.:'tu ^ttsi 3. 2010 to 1)e ct)iisidel•ed b) tht rn.nllsslon. 111c' commis:i1111J shall ilk; cansldta' filly lte);` 1kferuirion mihmitted la's} than fitiern (15) days. prior f,' u re;:al;r 17 eetin. dare (Planning ✓un/nL hy1fnrs amended Mini' 16. 2010). You may fax your comments to (907) 486 -9390. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 - 478- 5736. One week prior to thc regular meeting, on Wednesday. August 11. 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (11"121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights it' you disagree with the Commission's decision on this request. If you have at any questions about thc request or your appeal rights, please feel free to call us a4S6 -9363. Your Name: 1 7 ; i' 1 ' - E /�.n145 d '*.--.• Address: /1/1/1 'j °� ie� 5 goi b ,� Your property dt�scription: lice - I�e^,,.n, id, es id, vt 6 {' t C'ommeats• '1.'1. cell c e./Inc/ t f- 6 coo 4c,,,,,,, fry' rjbr / tom/ - le. l.t4 e k/1cc( �i .p'lt ee✓t - /-1-Jo 56 jliL.O.4 9j 4fAA4 kt 4i/1PdS 4.:cT '3�I( 74[' 't -Pa Paved., by 1t /.- k 0 ait 0 Aot✓ -P 14 (-.14s4.e )tp. .e S 1'-1' Devi j- 41,:ocl t-ck InIuiIL( `irv`-c_. •PGl -tee -eel 71- el [P-c/-5 1/1� Cc✓-e<:,. 6 ' `' - La TGe.. f1 c i e r' , _ � ' 1i. - - . . L - -+15 (J (‘,fr.ei .. Case No. 11 -003 Public Comment Page 33 of 93 ag nail nk� Public Hearing Item VI-C P&Z 18, 2010 Case No. 11-OU3 Public Comment Page 34ofB3 Public Hearing Item VI -C P &Z 18, 2010 Rug 02 10 07:27p. And & Bernie Finke 9074872885 p_1 KODIAK ISLAND BORO1JGH COMMUNITY DEVELOPMENT DEPARTMENT 71.0 Mill Bay Road Kodiak. Alaska. 9961.5 Public Bearing. Item Vl -C PUBLIC HEARING NOTICE A public Bearing will be held on Wednesday, August 18, 2010. The Meeting will begin at 7:30 p.m. in tac Borough Assembly Chambers, 710 Mill Bay Road; Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any. on the following request: CASE: It-003 APPLICANT; John Zhitrioff REQUEST: A Similar Use Determination, according to .KIBC 17.15.090.A. to allow the storage of petroleum contaminated' soil for the purpose of ADEC approved, treatment, as a use that is similar in character and impact to permitted or conditional uses in the 1- Industrial zone, including, Asphalt Batch and Mixing Plant, Manufacturing, or Reining (KIBC 17.105.01(_C) or. Petroleum or Flammable Liquid Production. Refining or Storage (KIBC 17.105 :020.F), the latter use would also require a conditional use permit (CUP) review if approved as a sirnilar.use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you area property owner /interested party in the area of tht request: If you do not gush to testily verbally, you may provide your comments in the space below it in a letter to thi Community Development Department. ;' . . _ .._ _. ' . .__... _.- . --- -- . _ - . • You may fas your comMentss'to (907) 486 -9:196 To.tcstify via telephone, please call in your comments during the appropriate public hearing section of the meeting. Tht local call -in telephone number is 486- 3231. The Alaska toll free telephone number is I- 800 -478 -5736. {)ne =wet:k prior to the regular meeting, on Wednesday, August 11. 20I0. a work session will ,be held at 7: 0 p.m. in tits Kodiak Island Bortiygh Conference Room 0121). to review the packet material for the case. Kodiak :Island Borough Code provides you with spccitt . appear rights if you disagree with the.Commistiiori`s decision on brit request. IF you hatve1 /any questions about the request or ).our appeal rights. please feel Free to call . ai 47;6 -936+. Your Numc / •-''r " 1 ,4 r.4., �� Mailing Address: . lour roprrn gCrlPlwn: R C! :el ( 1 4, p� •�.{C)SC��`J I. /�' +_•T'r /i7i"11 . Comments: 4. In 'N . i as ! ra G f J a U /c, t. e r r I?, 5 +z '?f .r , T`�- t 3 0.5 {'�tAe iz Gel. Si low, gt-,......, , ' (v i err(, _ .-t-D {(' ; yi` r1 /, TG- a o 1,14,7, 1"rke. ti :y'.rc,.�� j 4 t.✓17ef�' j 1- .7J /t (anti "i-err 4 i£ G 47 Cy ✓r 'C.-c dfeens. cl 150 - i- fq .tit d'c: , - ,t—S G.. .• ref e4: -e: t+. :)-41r e.1ri y. fit r ,t-ne. 'fti .s 1e,#0,76/ .4.-Ae hUr Pi..,.,r:. J" i,i -t i e G e,"- hj'J S W e rye r� 660. 7:74- 41 -0.,., !.;,(a y 4, ] % Yf k"r --(+2 ecicv5 i't7rt 4 't'h:C -j-• .b?7 e %..t. t+/...5 t^..net :n <j / t t 1rr} �r :f . •j- t=d.tre else)- et. r� G7(50- '-lf) .vt 'Z.27, -s: (�S 'l-s- C/LtJ�•`7'•.( /' f..�'.�( �.•-ii f t oven+,•+ :wtes v A,r'�- IT- "?wIG,, id j,J. G'f.:r.•h ✓Gi 4 )1 r..--a CjG%✓'r. ic-, bet eel" t+prir�QS,�;.tiet Case No. 11 -003 Public Comment Page 35 of 93 Public Hearing Item VI-C P&Z 18, 2010 Case No. 11-003 Public Comment Page 36 of 93 LE C. EIV IE ) ntMM A1.1G - 3 2010 Public Hearing Item VI-C P&Z 18, 2010 (CIDTIAk 3SLAN11) 0:9OUGH ITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, .Kodiak. Alaska,9961 5 Public Hearing Item VI-C L PL ;Ilir rr.'10,15UNI1Y nFVFLOPMENI UtlIktoMENT WedneSday, August 18, 2010. The Meeting will begin at 7 30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Cornmission, to hear 'comments if any. on the following request: CASE: 11-063 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17:15. 090A, to allow the storage of peit.oleum contaminated soil for the purpose of ADEC approved treatment as a use that is similar in character and impact to permitted or conditional Uses in the 1-Industrial zone, including Asphalt Batch and Mixing Plant,, Manufacturing, or Refining, (KIBC 17.105.010.C) or. Petroleum or Flammable Liquid Production, Refining or Steirage (KIBC 17:.195.020:F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use byThe commission. LOCATION: 465 Sargent Creel: Road ZONING: I-Industrial IC EARING NOTICE This notice is being ,seht w you because our records indicate you are a property owner/interested party in the arca of the request. If ,:you do no Wish to testify verbally, You may provide your comments in the space below or in a letter to the Community Deyelopnient Department. Comments must be received by 5 otti. Aunt 3.. -2010 16 be 'ciinsidered in the commission. The raaamiKciart sliall not can:s.itim- WI) 11,;nrinfinli1111 il.th sabtaith,,elqes:, thatilifiet'a (1.5): day, prim to i regular meeting date (Piannfag Zoning ily(an:..c antinukd June 16. 2010). You may fax your-comments to (907) 486-9396; To testify via telephone, please call in ),•oureommeirits during the appropriate public .hearing section of the meeting. The local call-in telephone number is 486-3231. The Alaska toll free:telephone number is I-800-478-5736. One week prior to the regular mcetine, on Wednesday. August 11, 2010, a work session will be held at 7:30 p.m, in the Kodiak Island Borough Conference Room (tf121), to review the packet material for tbe case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please-feel free fo call us at 486-9.363. Your Name: VioM not 61+191■2 . moin2m4,ess: 531 V 1-S i'l A \AIA, Your property description: AtArt lot 1x161.94%) -17) 11'11 yotiveYriS 611 Serlitt 12-1/1,46iv1 tirc14-5,idtz,. Comment'. : 1 triNVi I2('Vt A IA FE (6V1 vre*Angtof 13eAlis flits mic4 vkili;, te, 1 oto inOt LIVE tlit. 9Aille/frif eet'- I to.cit/love- "Ned- As 6,-- vv,itywke-, ?Am Covywylvvoilm.rivij wieimigriv-114/ic, ic; O er-eat t-e9vV—€1144— 4-7) vvii . FiKr met By (;9t 1 wewiel i/iVc i"-D .arveslileit 1 A446-- VV) t alaAA15t t)11 V01(1, 13 ai4/1/1 mew/14. 1 17-okovd; II/tat dieVIA'A/19 Or filet, 0114101A41444(74-re( $1i1 -ii 5 ut4/1 i WidflaVtakt f 55 KC. linal ofvut.f V& ettAlt witiA owd ci 1/(AAA.401441-01-- ip-te5.9 5e.e.fivz. Fivvo, 6-ehiove__ . 1/1k*, AV eCadive, ivIcrinoot -4-b oto 0 .14-61kinle . v 1/a li i-i- Tht 5;1. It to liAl4iovt t il.6-1- Ouvi, avnpvia r. sei 4-7) 40 5,o AAA.t 17) i i'S YzXU1M1t4 fb flAi O VI a. timfai ,5-Aivvtavt.. spovw oi co . irivaS ovv lOolii 5eiote 4 -p1417virl-n it osV-- ht Pit 01.. tiVitVitzeif Titvi patctfei k 1 atAnd lin& firowrovieiavt.treelrea fiQ Ai?? Wer1101/t C The"M W It" The- iscAm- L46 hO4 is e. rovii14. i Prow ivt Pot/1444 P14 VI'Pl"-A, fv 11)6 V- cm/wow/wad to ltwtol h Case No. 11-003 Public Comment Page 37 of 93 Public Hearing Item VI-C P&Z 18, 2010 oim. &vtA filAz v db vimmyvorvi 41A,--e- A/ earl? 6.4 Afrvo veol fvo 94(t-o1r. Firy This (1- i -r/ve- ,9aLA, s otAlat kalt,c2W FeA444A tt) 'VOLA1 e‘AA4 e:A/leciAZAPtho— V\lovW-44'S 'Dewi cavvvvvim.4A/it as a tAilit 14 tni IneArt covIc peivLW'tSj tp,t4Th4. t Otmv veA/ iniywr -Nat tuliez ThA ' vovywit Wet S ovt, IAA 9eArct eAc-1- 17-vbriv owvv-its '01 hiAA- 1144- 17417/0-1-1'd Tv& 181,vial cavim ve4/1/41 IA/ CA 1.4S M4. viz."- rA/1,44:1 r \Ono VoataG \Ai VIM- eiwtof ab tvv-, tomot awid -nit& P6I-9 W 1142, tovAANIAA-7v, t 1 ; c=c, amet., h cs vvvvovtivi tt,im1 tlimive F-1--civ. ( YovV4J 19,e.A/i tAie- -Devovte Y\4AS j conccideevaAt vvlove, 'L Vr_dvit V\J wi1li eavvvvvvvvvo tiec at-- atA; v dmes apt, 5 44t4S 'Mout AM cc.. t k rc. co.- ovLs-1611-eiV- auvtA VOLIbiAA cavvvvvvAelt °WA The...- thi44.444-em tc. al) vvAA. Pr/0M 4 A im/r';11.1 MeAmkovvs (,0* A4712vvimtv,-- owl4 11Ae- l.61/v11 au til h a 11/W4 mw voottlAe,vct as ktkrem . V14(2-e■ "avot4c wi 11 a)t. So 91/c°11w vvv-z4-61mr6 +15 sr1.5-vvv-c. FvtloVic Viftowicotry2- " GMT V-,0A440016A Was . Voyi c2\9s 9S1--eoirndA-A cow- . Case No. 11-003 Public Comment Page 38 of 93 Public Hearing Item VI -C P &Z 18, 2010 KODIAK ISLAND BOROUGH UNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C AUG - 3 2010 counuitisiuu. The commission shall not consider any new information submitted less data fifteen (15) days prior to a ,-BLIC HEARING NOTICE 1 A ublic heartn wt11 be h 1d on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in COMEM■VINMENEKNART ambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island f3orougn Ylannmg an onmg Commission, to hear comments if any, on the following request: CASE: 11 -003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments must be received bv 5 pm. August 3, 201.0 to he considered bv the counuitisiuu. The commission shall not consider any new information submitted less data fifteen (15) days prior to a regnidr meeting date (Planning Zoning Bylaws. amended June .16, 2010). You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7 :30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If y have an .que tons about the request or your appeal rights, please feel free to call us at 486 - 9363. iw'<) 6-Ca-Mailing P. 0 4 3i Lil Your Name: R.l�KS r vii "<vz ref F V W Mailing Address: Your property description: \ CT AA ` A. A) P V 5 5 \( C ec-C\S Comments: Z 1:J i V �. 1 C f ' S V 9 0o,r'N' c A,\bt. -.J NA--e S c n e c — Q re ..c w, e ..-:7" v -c- Cc,,hrt w.: Y.,'t -ec `;c. \ 5 0 -, -tL,:5 `.L Us -trig\ t c i) :er\i r 'e. () v u 5. o'c. '3,-.1.,j v5' -,r t, \ Pre.p.ri j r 5 e x.ccZ`( T1ncT, *It,.t .1/4)5"C -i \ Vrc )-er`C'-1 : v. \(oa;c∎S .; 5 .`"N r -e \ <s veY 5\ o,r\ 5 '\R) � L€ c.(2-ecr∎w.v,- J{ 'C \..2 \-,) L., 54 -,e55 Caw+wui,∎ N •) .c.c-PlNi o,rc.Q -�e e co,- -,0w.y ; v1 >^er(_\, �y 1tLJ t V\ lo ur\ 5 5 0,?. Sc ,-v t43 `T'..•. ei c) pCS,rt`vv\\ V0 ML .e.. V 5€ 6i' "tt --e, c)rattl'T--1 *x1., <x ~c-1-e,i 1.A,...0e it-of ecvrc ;?■ c,ti,cQ i) -y 'T'`)ces ova "t\-e r (•Si.-:v to k.)5-e_ 0..-e;r crop,° 1 ti 5 vim_ \\ 5 vi i — Case No. 11 -003 Public Comment Page 39 of 93 In Public Hearing Item VI-C P&Z 18, 2010 ag. L Ian Case No. 11-003 Public Comment Page 40 of 93 !jECIE[Ift- I AUG —GPM- OOMMUN1iYDEVELOPMENT WW IC HEA NG NOTICE Public Hearing Item VI -C P &Z 18, 2010 �I1GAK ISLAND BOROUGH TY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak. Alaska 99615 Public Hearing Item VI -C A public hearing will be held on Wednesday, August 18, 20110. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 730 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASTE: t 1: -003 APPLICANT: John Zhitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15. 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment. as a use that is similar in character and impact to permitted or conditional uses in the 1- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.O10.C) or, Petroleum or Flammable Liquid Production,. Relining or Storage (KIBC 17.105.020.F). the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: 1- Industrial 'Phis notice is request. If you Community Development c(miniiti ion. being sent to you because our records indicate you are a property owner/inte-ested party in the arca of the do not wish to testify verbally. you may provide your comments in the space below or in a letter to the Department. (.:unnerri.k must h: rteeived by r pin, Aitt:ust 3. 2010 to tic considered by the The 4.r1nn;h:vim; shall not rorr, ides any nelc information aub,nilfad less then Ric:i n (1 5) June 16, 2+110. You may fax your comments to during the appropriate public hearing section of the toll free telephone number is 1- 800 - 478 -5736. August H. 2U10. a work session will be held at the packet material for the case. appeal rights if you disagree with the Commission's appeal rights. please , feel free to call us at 486 -9363. Mailing Address: 1 \ 9.7 V 1J 11 r ' 1 O( to dtq.'. prior lo ri (907) 486 -9396. meeting. The 7:30 p.m. in the decision on this . gi ' K regnira' aiecrin:■ dot:. (Planning irrnin !Wows amended To testify via telephone, please call in your comments local call -in telephone number is 486 -3231. The Alaska t)ne week prior to the regular meeting. on Wednesday. Kodiak Island Borough Conference Room (11121). to review Kodiak Island Borough Code provides you with specilie request. If you have any questions bo�utt^ the request or your Your Name: L I IA If U 0o/1 I) Your property description: comments: l 6Yl t 1 Ok t tier 17 f llyfiin t iltii { (r AA 1A :A ' !Ti t< / L4►L 1 ± i h01 l.: rte till i L. , Ali PM fit.' nil( ►r V . (A i - re — ' I v A II (I, It. ill A. • � 1 i s 1 ' i � V, r 1 1 .l !a. 4 L, L' 'oil ' 0r r . c(VL 7 i >t a l a ,il •, , 1r t.,� r 4 Case No. 11 -003 Public Comment Page 41 of 93 C� int Lef~ Public Hearing Item Vl-C P&Z18.201O Case No. 11-003 Public Comment Page 42 of 93 2010-08-03 16:32. / Public Hearing Item VI -C P &Z 18, 2010 YASHIN B HEUNAN 9074872575» KIB AUG - 3 2010 C COMM/1 ULVELUYMLNI GUAR' M r., KODIAK ISLAND BOROUGH O1'IUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 09615 P1 /1 Public Hearing Item VI -C UBLIC HEARING NOTICE A public hearing will. be .held on Wednesday, August 18, 2010, The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: .. CASE: 11 -003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil forr the purpose of ADEC approved treatment, as.a use that is similar in character and impact to permitted or conditional uses in the I- Industrial ?one, including Asphalt Batch and Mixing Plant, Manufacturing or, Refuting (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. 465 Sargent Creek Road I- Ittdustriul LOCATION: ZONING: This notice is being sent to you because our records Indicate you arc a property owner /interested party in the ama of the request. If you do not wish to testify verbally, you may provide your comments In the space below or in .a letter to the Community Development Department. Comments must he _received by 5 pm, Auiust3. 2010 to he consjdere>I by the comrlrtssion, The eon,taissiw, Shull nat consider any new:iafurmalinn submitted leas than fifteen (15) driys prior to a regular meeting date (Platning. Zoning Bylaws amended Juba 16, 2010). You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting.,The local call -in telephone number is 486 -3231. The Alaska tall free telephone number is 14100- 478-5736. One week prior to the regular meeting. on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference: Room (01 121), to review the packet material' for the use. Kodiak Island Borough Codc provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about t e request or your appeal rights, please feel free to call us at 486-9363_ Your Name: IA M ID (*-. UMW Mning Addreax 90 3 PR C 5-row,' LAAN Your property dscriptin: 110,5 F LAT5 15 i!. 0c. k. L L DY " F Cbmmcnts+ 1-140 toe k7-toA) /3 5 .76Gr - I�oo ›iNe7 L e 7 -5x[/V , Ai f I.00 r• a aide ot -PO 5f4 GC /u.ruP& R &'l /4-rr /4 pADCe -55/44 CbLuzi my ,JO A-rjVV /i'i, -c T5 upts /II e- ARP, k6S /'6t4TiA -Lt;Y aoNe'b I1 16116o1210655, Case No. 11 -003 Public Comment Page 43 of 93 Public Hearing Item Vl-C P&Z 18, 2010 Case No. 11-003 Public Comment Page 44 of 93 AUG -03 -2010 04:13 PM PETER.ALLAN Public Hearing Item VI -C P &Z 18, 2010 907 487 2333 P -01 L Li AUG °- 3 2010 .J KODIAK ISLAND BOROUGH ( C -ONE UNITY OLVE.LOPMENT DEPARTMENT 7U) Mill flay Road. Kc'diak. Ala4a 09011 . COMMUN n' nFVELOPPFNT , ' , ; to ► Pubic Hearin&Item VI-C. . P BLIC FIEARING NOTICE A public Bearing wig be on 'Wednesday, August IS. 2010, The meeting, will begirt at 7:30 p.in: in the Borough Assembly Chambers. 710 Mill Bay Road. Kodiak, Alaska. before the Kodiak Islandi ril at es Borough Plarining;and Zoning Contntissinn, to hear comments il•unx on_the following request: J CASE: 11.003 APPLICANT: John 7_bitroff REQUEST A Similiir l..se Determination. according to KII3C 17.15. 090.A. to allow the storage of Ketrolcunt contaminated soil for the purpose of ADEC' approved treatment, as a use that i; similar in character and impact to permitted or conditional uses in the ]- .tndu;:trial zone, including Asphalt Batch and Mixing Plant. Manutac :turing or Refining (KIRK 17:105.0111 -C') or. Petroleum or Flammable Liquid Production. Refining or Storage (KiBC 17.10+.020,Ft, the latter use would also require a conditional use permit (CUP) r:view if approved as u similar use by the commission LOCATION: 465 Sargent Creek R.oud 7_C}NINCit IIndustrial This notice IS being sent to you because our records indicate you tire :t praneny owner:interested party in the area of The requetct. If you do no. wish to te;nll\- verbali.. you may provide you comments in the .pace bellow or in a letter t:• the Cottnnunily Development Deportment. t :• :nr..,.. • , ,• rece:,,,; n.. 1o'i. ' 2t)1I n, br ebutiidcreaa L, the, vomit-4,0m. 7h1t 1,■ll,i5•iur1 s■111/• •;,A • r • :!1!• ' .. •-',701. it it +'r/1 �1t! •rn ( /11 do s pow. 7.• rtn•r(ur,:,e r.'u /c• -p(utaanrr /..le.;; ;; '. • 1,:, • • You may fax your comments to (907) 486 -9396. To test* via telephone, please can in your comments during the appropriate public hearing section of the meeting_ The local rnU -hi tekpkonc• number is 4R -3231, The Alaska toll free telephone number is t. 00-17l1 -5736. One week prior to Iht• regular meeting. on Wednesday. August i 1. 2.01 O. a wcirk session will be held at 7 :30 p.m. in the Kodiak Island i3otough Confercnre Room (+!1211. :o re: leiv the packet material for the case Kodiak Island Borougt Code pro., ides you with speeiGe appeal riphtn if you cllsagree with the Commission's decision nn rhk request, If you have ary question.s a le+ n the � revues: or ) our appeal rights• please feel free to call us at 486 - 9363. Yost Name: I to L..LJ4'I,•K'._ k'l_,.l..L�C`•e4 \IattinIAddrew_ PC) /,3O)( i g 0 7 K04 et /alt, v,. lit ,14z'i 4 S's •• t I. L._ L•t. . .__•- c•ommceeu: _ 1 am a ;10 year rlesident of the Womens Bay Community aka Bells Flats and 1 urge you to reject the above request to allow storage and possible treatment) of petro — Lon cam. inated soil in thls environmentally sensitive area. The situ is nestled between the Russian River and Sargent Creek, two extremely -- import•int anadromous stream,, Commercial, sports, anti subsistence fishermen as well as boars, foxes and birds utilize they salmon prud.uccd by these two river syst.em,. Tourists and locals are drawn to Worrier's Bay just to sec the spawning salmon -- •---- return and watch the bears at the fish. Businesses have started in I:he Flats that cater to visitors. The arc a is prone to flooding in the springand tall, The water table is shallow. The po:;sibility of river contamination is too great to allow storage of oily soil in this• - -' " "- loc €iron, resulting in a negative effect on the environment, tourism, local business:. - -- and quldity of life for our community. R•-- Please zonsidcr changing the coning along these rivers to Rurr -1 Conservation. Please recommend to the 1C1 Borough thata contaminated sail task force be created to fsnd :a perm;inc'nt solution for the persistent prtthletza of cl,n:arninated soil stomp; and treatment. Case No. 11 -003 Public Comment Page 45 of 93 Le a lon •la (Th Public Hearing Item VI-C P&Z 18, 2010 e. Case No. 11-003 Public Comment Page 46 of 93 OMMUNITY DEVELOPMENT AK 11SLAND OROUGH DEVELOPMENT DE?ART'YLEN Mill Bay Road. Kodiak. Alaska 99615 Public Hearing Item VI -C P &Z 18, 2010 Public 1-learintc Item V1 -C C HEARING NOTICE. A public hearing will be held on Wednesday; August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly :Chambers, 710 Mill Bay Road, Kodiak, Alaska. before the Kodiak Island !Borough Planning and Zoning Connuission, to hear comments if any, on the following request: CASE: 11-003 APPLICANT: John Zhitnolf REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A. to allow the storage of pelrolewn contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant. Manufacturing or Refining (KIBC' 17.105.O10.C) or, Petroleum or Flammable Liquid Production. Relining or Storage (KIBC 17.105.020.1). the latter use would also require a conditional use hermit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: 1- Industrial This notice is being sent to you because our records indicate you are a property nwnerrinterested party in the area of the request_ if you do not wish to testify verbally_ you may provide your comments in the space below or in a letter to the Community i)evelopment Department. C:,+ntnte:ris naval he reeei%cii hr 5 pen. nuenA 3.10111 it h.e eta iderril hs (he ronitni ;fur. The runimi.'th,n .o /u ll urn t,, ider WO net infn-mulim: xuuhnril:11 ICS:, titan tiJieen (LC) glity,1 pri,,r 1., if r;nlur rnt,rrine (lull' i illnItin, lunig fliht":s anz.n Ird .lime lb, 2!10, You may lax your comments to (907) 486-9396. To testify via telephone, please call in your continents during the appropriate public hearing section of the meeting. The Local call-in telephone number is 486-3231. The Alaska toll free telephone number is .1- 800 -478 -5736. One week prior to the regular meeting. on Wednesday. August 11. 2010. a work session will be held at 7 :30 p.m. in the Kodiak Island Borough Conference Room (01121). to review the packet material for the case, Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request_ if you have any questions �yabbolut the request or your appeal rights, pleas: feel free to call us at 486 -9363. Your Name: 4xrcll. U05,4et(hr1,11 i� t HMICb1 Mailing Add rL : 11 Stitt(', Cca.L. ( 4 Your property description: 1t [ 1 V (0 , ss(Ci('l Cr& i<. R,23,2Z1 Comments: 7i< i 5V15 '1-I W Buis FIets p itreY hi OvAA8V5 Vre, op? t, 5e., -rkv- p4'61 US-e ©+ Icilia d- --he. Sari -cif- Cree,lc ev1.1v -1-1 c - . 0 tkr Fr) rez5trv»S e-v opyi. - 11.1n--- i1nC[tLo.6 pol-Cvit --./L o ff gcks5(vtl envy/.. sb,1} (Vr o 4 V F "Tax( v%S virus s &Svncv 5-tree ty, 6,'tc vv-6-111,0-1A1 . Tai o[- gUSSivn of 'i- us af6( Sot 1125 pc)t<Lvfh.. 'Ib hrtw� (Gcai rc{i �ttvt is . tM. 1nf {fit 1# v\/C ool tl-f. a.9.' T — fi,la.� i-t - lc&g4 ux r' v)o ul d -%, re n.t. f OuNdot{ d ,Fre c .whvn s cVer5i1i -li- oF- 9 tcL'. r2V1cicc,.Vcrrs aVe, o free inoh AI tiJ1S otG1 /11ti41L 0+061 aic tot Uds i{o a. cu_ rr• if Lon—lot— he din t,,,,Ine cc, cs rt5 - -fro -the, Crnnw,errc -11 �a.lasr- o— curd 5fer �I5k -inJlLL1 --(1 An I4gitt� •f fnGiu.s IYYt.1( o -� of-' (� -1-1,674- iS -ti . 72t2 cn/7 i -1 o a- q,C1 ' rrel5 ibwhdl)c 61llo'i recrC Kl vrrl (6 c1 t . Case No. 11 -003 Public Comment Page 47 of 93 late Le Public Hearing Item VI-C P&Z 18, 2010 an Case No. 11-003 Public Comment Page 48 of 93 1 Public Hearing Item VI-C P&Z 18, 2010 August 2, 2010 Kodiak Island Borough Planning and Zoning Commission 710 Mill 13ay Rd Kodiak, AK 99615 Re: Case 11-003, John Zbitnoff Commissioners: I am opposed to the use of the lot at 465 Sargent Creek Rd as a storage site for contaminated soil. That site is located in the flood plain of 2 highly productive salmon streams, Russian River and Sargent Creek. If somehow, a liner would stop contaminants from leaking out the bottom, nothing would stop them from rising to the surface during major floods. Our fish runs could be devastated by seemingly minor leaks. A convenient location is no reason to put our natural resources at risk. The proposed use is distinctly dissimilar to storage of petroleum products in tanks where leaks are much less likely to occur. Leaks from contaminated soil storage may also affect the neighborhood around the site. The proposed activity is within a mile of dozens of residential water systems. In addition to risking the health and welfare of the residents by parking contaminants on their doorstep, the KIB could be open to liability issues if problems did occur. Again, the proposed use is dissimilar to the asphalt plant, where groundwater contamination is much less likely. Thank you for your consideration. Dave Jackson 11248 Kalsin Dr. Kodiak, AK 99615 Lot 1E, Black 2, Bells Flats Subdivision ECflll [1 AUG - 3 2010. MMMUNITY DEVELOPMENT DEPARTMENT Case No. 11-003 Public Comment Page 49 of 93 Public Hearing Item VI-C P&Z 18, 2010 I wish to submit my comments in relation to case 11-003 for to be heard by the P&Z commission on August 18, 2010. I have concerns as a resident and homeowner of the Kodiak Island Borough. 1 have concerns about locating a facility to store and possibly remediate contaminated soils on this property, located between two rivers known as productive Salmon rivers. My other concern is illiustrated by the excerpt from the KIB and Womens Bay Comprehensive Plans. There is a glaring lack of a plan for how KIB plans to deal with the issue of the remediation of petroleum contaminated soils, including those soils the Borough must remediate. Thank you for the comments Kathleen D. Janz Womens Bay Comp plan 2007 AUG - 3 2010 COMMUNITY DEVELOPMENT DEPARTMENT Goal 1: Minimize development in environmentally sensitive area. Objectives: Maintain a high quality natural environment within the planning area. Provide comprehensive land, air and water policies, uses, and zoning recommendations for the land and waters within the Womens Bay planning area. KIB /DCED /AC.MP /State/Federal agencies. /P & Z Comm, CDD On-going Minimize development in rivers and creek flood plains, tsunami surge zones or at the bases of unstable quarry or mountain sides. KIB /Private /P & Z/CDD/ Assessing On-going Objectives: Protect the Russian River and Sargent Creek drainages by establishing specific strategies through coordination with state and federal regulatory entities. Action Funding Source KIB Lead Time Frame Coordinate a multiple organizational management system to protect the Russian River and Sargent Creek drainage areas, through the creation of greenbelt. Kodiak Island Borough Comprehensive Plan Adopted 2008 Case No. 11-003 Public Comment Page 50 of 93 -1 Public Hearing Item VI-C P&Z 18, 2010 Excerpts from Chapter 12 Goals and Implementation Actions LAND OWNERSHIP, MANAGEMENT AND USE Goal: Regulate and manage land uses to balance the rights of private property owners with community values and objectives. Identify an adequate supply of land in each community to meet future residential and other land development needs,based on future population and employment growth projections, assumptions about the type and land requirements for projected uses and conditions or constraints that may affect <,:tevelopment, Consider use of public or private Native-owned lands to help meet these needs. Evaluate need and recommend specific sites for commercial and industrial uses within and outside cities and unincorporated communities in the borough to meet future economic needs. 0 Potential, conflicts with adjacent land uses, particularly 'residential uses and sensitive natural resources. Conduct an industrial lands capability study that identifies preferred areas for future industrial and Commercial development. CDD/P&ZC Goal: Ensure that land use and development decisions consider subsistence resources and activities. Require development to avoid or minimize potential adverse impacts to subsistence resources and attivitles. CDD/ADF&G/TC/LC Review and analyze area zoning to determine The need and !potential placement of industrial property zoning if needed. CDD/P&ZC Goal: Establish goals, priorities and procedures for acquisition, disposition and management of borough-owned lands. Develop a land management policy that: identifies property on the road system that is used by the public but is not in public ownership, identifies property on the road system that is needed for fire stations, school sites, recreational areas and other public uses, and identifies property for acquisition by the borough through purchase or trade. Case No. 11-003 Public Comment Page 51 of 93 n Public Hearing Item VI-C P&Z 18, 2010 Develop a land management poliPY,system and portfolio for borough-owned lands that inventories resources and Potential' uses:of borough lands, and designates which land&th-e borough Should retain and' which lands it should sell or trade. Identify potential future:landfill sites and zone surrounding areas for compatible (i.e., nonresidential) uses. CbD/Solid Waste Advisory CoMmittee/P8aC/EF Goal: Support environmentally-sound timber harvesting and tree farming activities Goal Support opportunities tor environmentally-sound sand and gravel 'resource :exploration and :extraction ... Goal: Support sound oil and gas exploration and development compatible with Commercial and sport fishing, subsistence and recreational aCtivities, and the: protection of :afldwjIdIife retourcet. Identify potential sites for petroleum-related facilities without limiting the opportunity for other development aCtiVities. (Note: A majority of meeting Comprehensive Plan meeting participants • do not support this action.) Goal: Maintain and improve solid waste. disposal services and .facilifies. Goal: Provide for publicIsafety and Minimize exposure to danger when developing coastal areas. • Goal: Protect coastal habittattand maintain fish and wildiife populations through management of lands and waters Case No. 11-003 Public Comment Page 52 of 93 Public Hearing Item VI -C P &Z 18, 2010 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 11 -003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. 465 Sargent Creek Road I- Industrial LOCATION: ZONING: This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Continents must be received bv 5 om. August 3. 2010 to be considered bv the r 0 nl gastii0 R. The commission shall noz C(0(lxidt.'I' any new information submitted less than fifteen (15) days prior to o regular meeting elate (Manning Zoning Bylaws amended June 16. 2010). You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1-800 -478 -5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for thecase. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. if you ave any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: NL$ Mailing Address:15746 Ads' /" Your property description: Comments: ". t� � F R "?ti' .� t . — i- e / 'wS� l` .` .. �Y..f �tlB ,�.. l ii S I. 'I41-hz Bells $. la iotreu, AUG - 3 2010 -� COMMUNily DEVELOPMENT DEPARTMENT Case No. 11 -003 Public'Comment Page 53 of 93 Public Hearing Item VI -C P &Z 18, 2010 Iona L ft an Case No. 11 -003 Public Comment Page 54 of 93 KOIIDIIAIfK ISLAND BOB DUGIII ITV DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak. Alaska 99615 Public Hearing Item VI -C P &Z 18, 2010 ublic Heari ng Ite 'I -C U IC HEARING NOTICE• !OPt 'U41 LDPMFNT DEPARItka 1 . A ti{1;l�ttratang will- be-hcld'on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak. Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASTE: 11 -003 APPLICANT: John ZbitnotT REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A. to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.O10.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. • LOCATION: 465 Sargent Creek Road ZONING: I- Industrial ]'his notice is being :sent to you because our trcords indicate you ar ea property o e> intereste(1 party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a totter to the Community Development Department. efilji ' N must Iu• received In i tuo. Aui>_esi 3. 20111 So be silll,l[d?r d b% lbe CU r:37 i,Ssitn. The cr/;(mivsion :1(rl(r n: =( co, Gr■ls'r' au J. new infGl(1(irfion Alrbivirred le.s, (half 11(rl'Cr! (i5) dr.'V,% `Tiny rlr !i r eglitar rneerin;! d":• (Pln(:niti Z(lzin nylnirs• uu erld d Juge 16. 20111). You may fax your comments to (907) 486 -9396. To testify via telephone, please can in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800.478 -5736. One week prior to the regular meeting. on Wednesday_ August I 1, 2010, a work session will be held at 7.30 p.m. in the Kodiak Island Borough Conference Room (;1121), to review the material for the case. packet Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on tits request. If you have any uestions about the request or your appeal rights, plcasc feel free to call us at 486 -9363. Your NaraTh.YLC•J,1 Q}2 94-12— Mairme, Address: .0 , t i C)/./ Q,)1C,QY(O! 1 r War properry description: )0 1.1) ?,321-,c,,,,t'rv(iN - Q.)eR.9 , , Q, Commcals: 111111111. Olin Mr' i ' W . I Case No. 11 -003 Public Comment Page 55 of 93 ) Public Hearing Item VI-C P&Z 18, 2010 Kodiak Island Borough Community Development Department 7141\011 Bay Road Kodiak, Alaska 996I5 Augustl2, 2010 To Whom It May Concern; Please reference your CASE It 11-003. Please be advised that I adamantly oppose the "storage" of contaminated soil to be placed at 465 Sargent Creek Road. It seems preposterous to me that the Borough would even consider storage of contaminated soils so close to an anadromous river . and the tributaries behind the proposed site. Can the 100 foot distance from a river be ignored by those that don't feel they have to follow the rides the rest of us do? What happens to the stored soil when Me-river and tribiitaries overflow their banks dining fall, winter spring, and summer stornis? I have see-tithe-road in front of 465 Sargent. Creek Road under water several times, during some of our heavy storms due to Nature's unpredictable Whitna. The cdataiibtated.Soil will wash into flooding watk whether it is rainwater on the road, the flooded river, or the tributaries. BOW does the Borough propoSe '. to prevent that occurrence? The Borough has propertY in;town. Why not use it foi-thd Coritaminat;ed so'ilatorage:Site? Our commueity seems to be the Borou 's choice for,activities that threaten our rivers, sIrearris, aquifers, and wildlife: Industry should not be allowed to creep in and continue to grow in an established residential community. Respectfully submitted, . 71.0t4.A. Nancy Kracke. • Box 2013 • Alaska 99615 Case No. 11-003 Public Comment Page 56 of 93 Public Hearing Item VI -C P &Z 18, 2010 August 3,2010 Dear Borough Assembly, It, seems an old can of worms is being reopened in our neighborhood. We are against any type of contaminated soil operations in our neighborhood. When Brechan leased their property years back for soil remediation this community made it very clear it was not wanted, we went to great lenghths to stop it,and we did! Aside from all the obvious reasons that we are against this, you should be aware that last fall when we had heavy rains the entire lot in question was underwater. If there was a mound of contaminated soil under a tent type enclosure during heavy rain on this lot,that soil is going to end up in the Russian River. Thank you for reading our comments. We trust that our Borough Assembly will deny a permit for soil remediation in a community that we have lived in for over 25 years. Sincerely, Mark &Joan Levenson AUG -32010 � I COMMUNITY DEVELOPMENT DEPARTMENT Case No. 11 -003 Public Comment Page 57 of 93 Public Hearing Item VI-C P&Z August 18, 2010 Case No. 11-003 Staff Rpt Page 16 of 16 Public Hearing Item VI-C P&Z August 18, 2010 application of high temperatures (although some biological soil treatment methods do not require the application of high .temperatures in order to be effective over a much long period of treatment). 2. Both the permitted and proposed uses involve the storage of rock/gravel material mixed with petroleum products on site, and both uses can have similar emissions and environmental risks. For this reason both uses are similarly subject to ADEC regulations which are able to be applied to a wide range of scale and treatment options available to treat petroleum contaminated soils. Alternative Motion Move to grant a Similar Use Determination, according to KIBC 17.15.090A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to a conditional use in the I-Industrial zone, specifically a Petroleum or Flammable Liquid Production, Refining or Storage use in accordance with KIBC 17.105.020.F, and to adopt the findings in the staff report dated July 9, 2010 as FINDINGS OF FACT for this case. FINDINGS OF FACT 1 The proposed soil treatment use is similar in terms of the character and impact to an Asphalt Batch and. Mixing Plant, Manufacturing or Refining Use which is permitted in accordance with KIBC 17.105.010.C, because both processes are used to convert petroleum products from one form to another through the application of high temperatures (although some biological soil treatment methods do not require the application of high temperatures in order to be effective over a much long period of treatment). 2. Both the permitted and proposed uses involve the storage of rock/gravel material mixed with petroleum products on site, and both uses can have similar emissions and environmental risks. For this reason both uses are similarly subject to ADEC regulations which are able to be applied to a wide range of scale and treatment options available to treat petroleum contaminated soils. Case No. 11-003 Staff Rpt Page 15 of 16 Public Hearing Item VI-C P&Z August 18, 2010 product for distribution or simply storing large bulk quantities of product on site involves a much higher degree of risk. A petroleum refining or bulk storage use would not likely fit on a site the size of the property proposed for this similar use review. Nevertheless, if the commission felt that this was a closer fit to the proposed soil remediation use, it could approve the similar . use determination for this use and thereby provide the petitioner with the Opportunity to present a detailed site plan and to go through the CUP public hearing process. This would provide not only a greater degree of public review, but would also give the commission a greater degree of discretion over potential stipulations to address any code deficiencies in the proposal or reasonable concerns of the community. ' That said, staff does not recommend this alternative just for the sake of a more in depth CUP review unless the commission truly believes this use is similar in character and impact to a petroleum refinery or bulk storage facility. Staff would point out that similar use determinations are themselves appealable to the, KIB assembly sitting as the Board of Adjustment. A check of the most recent soil treatment similar use determination granted by the commission was Case 04-013. This was reviewed as a similar use and CUP for a thermal desorption soil treatment facility to be located on Lot 6, Seaview Subdivision, across and upland from the LASH terminal. This soil treatment facility was permitted with 8 conditions of approval and one finding. The facility Was never developed however and the CUP has long since become null and void. RECOMMENDATION Staff recommends that the Commission grant this similar use determination and find that the proposed treatment of petroleum contaminated soil is a use similar in character and impact to a permitted asphalt batch plant in the 1-Industrial zoning district. In the alternative, the commission may also consider a motion to approve a similar use determination that a contaminated soil treatment use is similar in character and impact to the conditional use of a Petroleum or Flammable Liquid Production, Refining or Storage use. APPROPRIATE MOTIONS Should the Commission agree with the staff recommendation, the appropriate motion is: Recommended Motion Move to grant a Similar Use Determination, according to KIBC 17.15.090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to a permitted use in the 1-Industrial zone, specifically an Asphalt Batch and Mixing Plant, Manufacturing or Refining use in accordance with KIBC 17.105.010.C, and to adopt the findings in the staff report dated July 9, 2010 as FINDINGS OF FACT for this case. FINDINGS OF FACT 1. The proposed soil treatment use is similar in terms of the character and impact to an Asphalt Batch and Mixing Plant, Manufacturing or Refining Use which is permitted in accordance with KIBC 17.105.010.C,, because' both processes are used to convert petroleum products from one form to another through the Case No. 11-003 Staff Rpt Page 14 of 16 n Public Hearing Item VI-C P&Z August 18, 2010 petroleum contaminated soil, are comparable in the required application of high temperatures used to create asphaltic compounds. In the case of contaminated soil treatment the goal is to burn off the hydrocarbon contaminants and in the case of asphalt batching and mixing the goal is to introduce specialized petroleum substances at high temperatures that will eventually harden into a road, path or driveway surface when applied and cooled to ambient air temperatures. Both uses processes can create hydrocarbon air emission byproducts depending upon the technology or treatment process employed. These emissions are regulated by ADEC. Both uses also have the potential to create additional contamination through the escapement of runoff or the accidental loss of petroleum products during the transport, handling or treatement of the materials. Again, these risks are regulated by ADEC which typically specifies containment, handling and treatment techniques and procedures suitable to address the risks associated with these activities. Because the applicant has not provided a specific proposal or site plan, it is impossible to analyze the potential impacts of the use The use of the site could be intended for a one time opportunity or could be established as a long term use at this location, subject to the development of a sustainable market for this service in the community. If the commission determines that the proposed use for contaminated soil treatment is similar to an asphalt batch plant, further site plan review could handled through the typical zoning compliance permit process per Kodiak Island Borough Code 17.15.060 A.1 The I-Industrial zone has certain performance standards that staff has in the past accepted as being met upon satisfactory evidence of compliance with ADEC regulations. This is due to the fact that KIB staff are not technically qualified, equipped or authorized to regulate environmental impacts pertaining t, and water quality. Staff and the commission are qualified however to perform screening reviews that may be required for certain outdoor storage uses or when industrial uses are within close proximity to, residential use or zone. While.staff has discussed above the use of thermal desorption to treat contaminated soils, this should be viewed as a "most significant" scenario as there are other treatment options which carry much less risk than the thermal desorption process. If the commission finds that the proposed use is not generally similar in character and impact to a permitted asphalt batch and mixing plant it has the alternative of considering a potential use in the conditional use category which is Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F). Staff understands the Petroleum or Flammable Liquid Production, Refining or Storage use to be typically referred to as a "petroleum refinery" or "bulk petroleum storage facility". The environmental and safety risks involved with facilities of this type are typically much greater than you would see with an asphalt batch and mixing plant. The temperatures and pressures used to refine petroleum products, regular transfers of bulk 1 17.15,060 Zoning Compliance. Zoning compliance is required for site grading (excavation and fill), erection, construction, establishment, moving, alteration, enlargement, repair, or conversion of any building or structure in any district established by this title, subject to the following: A. An application for zoning compliance will be filed with the community development department on a form provided by the department. If the application meets the requirements of this title, as verified in the department, and other applicable regulations, a permit will be issued. An as-built of the property may be required to ensure that applicable requirements can be met, when existing structures are located on the property. Any zoning compliance permit issued is subject to the same expiration, suspension, and revocation provisions as a building permit issued for the same construction project (See Uniform Building Code Section 303(d) and (e), as currently adopted under KIBC15.05.020.) Case No. 11-003 Staff Rpt Page 13 of 16 Public Hearing Item VI -C P&Z August 18, 2010 E. Dust and Smoke. Dust and smoke created by industrial operations shall not be exhausted into the air in such a manner as to create a nuisance. F. Open Storage. Any storage shall not be located closer than 25 feet to any street right -of -way. Any storage shall be enclosed with a fence acceptable to the commission. Whenever lumber, coal or other combustible material is stored, a roadway shall be provided, graded and maintained from the street to the rear of the property to permit free access for fire trucks at any time. G. Screening. Where an industrial use is adjacent to and within 100 feet of a residential use or zone, that industry shall provide screening as approved by the commission. COMMENTS The applicant has requested a similar use determination to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone. The petitioner has discussed with staff the prospect of obtaining a similar use determination comparing contaminated soil treatment with a permitted Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) for which the property has been previously permitted (Zoning Compliance Permit BZ00 -045). These uses have been determined to be similar in character and impact by staff in past when similar use determinations for permitted uses were allowed to be done administratively. Because that process could only be appealed to superior court and not to the commission or assembly, the code was amended to make all similar use determinations at the commission level and thereby provide a higher level of community review to these decisions. Although a public hearing is not specified for similar use determinations pertaining to similar use determinations, staff typically schedules them as such as a courtesy to the community. Similar uses may be permitted subject to Planning & Zoning Commission review and approval per KIBC 17.15.090. A & B. Recognizing that it is not possible to list an infinite number of land uses for a given zone the similar use determination allows the commission to consider the specifically enumerated uses in a given zone as a range of uses upon which comparison can be made. It is then up to the commission to determine the relative similarity of character and impact associated with proposed uses that are not specifically listed for the zone, but which may share certain similarities with listed uses or which may fulfill the intent of the zoning district in question. The petitioner has not provided a specific plan for treating soil on the site so that it is not possible to consider this use proposal as a conditional use at this time. Indeed, if the commission finds the contaminated soil treatment use to be similar in character and impact to an Asphalt Batch Plant and Mixing Plant, Manufacturing or Refining use, then a site plan could be submitted over the counter for zoning compliance review in the same manner for a permitted asphalt batch plant use in the I- Industrial zoning district. Past experience with ADEC approved soil treatment methods have shown that the most intense treatment methods for petroleum contaminated soils are very similar to the character and impact of an Asphalt Batch Plant and Mixing Plan, Manufacturing or Refining use. In particular, soil treatment utilizing thermal desorption methods such as a rotary kiln or enclosed oven, which involve the application of high temperatures on the Case No. 11 -003 Staff Rpt Page 12 of 16 Public Hearing Item VI -C P &Z August 18, 2010 B. Ammonia, bleaching powder or chlorine manufacture; C. Cement, concrete, lime and plaster manufacture; D. Chemical bulk storage and sales; E. Garbage disposal sites, dumps and sanitary landfills; and F. Petroleum or flammable liquid production, refining or storage. 17.105.030 LOT REQUIREMENTS. A. Lot Area. The minimum lot area required is 20,000 square feet. B. Lot Width. The minimum lot width required is 75 feet. 17.105.040 YARDS. A. Front Yards. 1. There shall be a front yard of not less than 30 feet. 2. The front yard, when facing a state highway, shall be not less than 50 feet. B. Side Yards. 1. There shall be a side yard on each side of a principal building of not less than 20 feet, except that approved fire wall installations between adjoining structures provide for construction on the lot line. C. Rear Yards. 1. There shall be a rear yard of not less than 20 feet, except that approved fire wall installations between adjoining structures provide for construction on the lot line. D. Exemptions. Waterfront industries are exempt from the requirements of this section. 17.105.050 BUILDING HEIGHT LIMIT. The maximum height of a structure is unrestricted, except that no structure shall interfere with Federal Aviation Administration regulations on airport approach; and provided further, that within 50 feet of any residential district boundary, no portion of any structure shall exceed the height limitations of the residential district. 17.105.060 PERFORMANCE STANDARDS. All permitted and conditional uses shall comply with the performance standards listed, where applicable, in this section. A. Noise. The noise emanating from a premises used for industrial activities shall be muffled so as to not become objectionable due to intermittent beat, frequency, or shrillness; and where a use adjoins a residential district, the noise loudness measured at the boundary line shall not exceed 90 decibels. B. Lighting. Any lighting shall not be used in a manner which produces glare on public highways and neighboring property. Arc welding, acetylene torch cutting and similar processes shall be performed so as not to be seen outside the property. C. Fire and Safety Hazards. The storage and handling of inflammable liquids, liquefied petroleum, gases and explosives shall comply with the fire prevention code and all other applicable laws and regulations. Enameling and paint spraying operations shall be permitted when incidental to the principal use and when such operations are contained within a building of two -hour fire - resistive construction. Bulk storage of inflammable liquids below ground shall be permitted if the tank is located no closer to the property line than the greater dimension (diameter, length or height) of the tank. D. Odor. Uses causing the emission of obnoxious odors of any kind and the emission of any toxic or corrosive fumes or gases are prohibited. Case No. 11 -003 Staff Rpt Page 11 of 16 Public Hearing Item VI -C P&Z August 18, 2010 B. To prohibit all residential uses of the land not associated with industries and any other land use which would substantially interfere with the development, continuation or expansion of industry in the zone; C. To concentrate the industrial and business uses within designated areas to protect residential districts from noxious or noisy operations; and D. To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this chapter. 17.105.010 PERMITTED USES. The following uses of the land are permitted in the industrial district: A. All uses permitted in B business district, except residential; B. Aircraft, automobile and truck assembly or remodeling; C. Asphalt batch and mixing plant, manufacturing or refining; D. Assembly of music and vending machines; E. Auction business; F. Beverage manufacturing; G. Boat building, repair and storage; H. Cabinet shops; I. Concrete mixing batch plants; J. Coal storage yards; K. Dwelling units for a watchman or caretaker on the premises; L. Dyeing plants; M. Gravel or sand extraction; N. Junkyards, wrecking, salvage or scrap metal operations; O. Lumber mills and sawmills; P. Lumberyard, building material manufacture or sales; Q. Machine or blacksmith shops; R. Manufacturing, servicing or repair of light consumer goods, such as appliances, batteries, furniture, and garments; S. Metal working or welding shops; T. Motor freight terminals; U. Outdoor storage; V. Paint shops; W. Public uses; X. Rock crushers; Y. Seafood processing establishments and their dormitories; Z. Sewage treatment plants; AA. Slaughterhouses; BB. Steel fabrication shops or yards; CC. Vehicle impound lots; DD. Vocational or trade schools; EE. Utility installations; and FF. Warehousing within an enclosed structure 17.105.020 CONDITIONAL USES. The following uses may be permitted by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Acetylene gas manufacture or storage; Case No. 11 -003 Staff Rpt Page 10 of 16 Public Hearing Item VI -C P&Z August 18, 2010 KIBC Title 17, Chapter 17.25, DEFINITIONS 17.25.010 GENERAL INTERPRETATION. A. "Lot" includes the words "plot" and "parcel." B. "Shall" is always mandatory. C. "Used" or "occupied," as applied to any land or building, includes the words "intended, arranged, or designed to be used or occupied." * ** * ** * ** * ** * ** * ** 17.25.040 C DEFINITIONS. * ** * ** * ** * ** * ** * ** "Conditional use permit" means a method of allowing for flexibility within the zoning regulations by permitting certain specified uses in zoning districts after additional controls and safeguards are applied by the commission to ensure their compatibility with permitted principal uses. * ** * ** * ** * ** * ** * ** 17.25.100 I DEFINITIONS. "Industry" means the manufacture, storage, extraction, fabrication, processing, reduction, destruction, conversion, or wholesaling of any article, substance, or commodity, or any treatment which changes the form, character, or appearance of a resource material or previously manufactured item. * ** * ** * ** * ** * ** * ** 17.25.160 O DEFINITIONS. "Outdoor storage" means the use of land for the storage of items in the open, not within a structure. * ** * ** * ** * ** * ** * ** 17.25.220 U DEFINITIONS. "Use" means the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained. * ** * ** * ** * ** * ** * ** KIBC Title 17, Chapter 17.105, I — INDUSTRIAL DISTRICT 17.105.005 DESCRIPTION AND INTENT. The I industrial zoning district is established as a district in which the principal use of the land is for business, manufacturing, processing, fabricating, repair, assembly, storage, wholesaling, and distributing operations, which may create some nuisance, but which are not properly associated nor compatible with residential land uses. For the industrial zone, in promoting the general purpose of this title, the specific intentions of this chapter are: A. To encourage the construction of and the continued use of the land for business and industrial purposes; Case No. 11 -003 Staff Rpt Page 9 of 16 Public Hearing Item VI -C P&Z August 18, 2010 17.15.040 YARD OR OPEN SPACE LIMITATION. No yard or open space provided about a building for the purpose of complying with this title shall be considered as providing a yard or open space for any other building. No yard or open space on one lot shall be considered as providing a yard or open space for any other lot. 17.15.050 APPROVAL BY PLANNING AND ZONING COMMISSION. When it is stated in this title that uses are permitted subject to approval by the commission, an application for consideration shall be submitted to the community development department with a site plan. The commission shall make its findings within 40 days of the date the application is submitted and notify the applicant, in writing, of the decision. If denied, the commission shall state the reasons for denial and the avenues of appeal available to the applicant. 17.15.060 ZONING COMPLIANCE. Zoning compliance is required for site grading (excavation and fill), erection, construction, establishment, moving, alteration, enlargement, repair, or conversion of any building or structure in any district established by this title, subject to the following: A. An application for zoning compliance will be filed with the community development department on a form provided by the department. If the application meets the requirements of this title, as verified in the department, and other applicable regulations, a permit will be issued. An as -built of the property may be required to ensure that applicable requirements can be met, when existing structures are located on the property. Any zoning compliance permit issued is subject to the same expiration, suspension, and revocation provisions as a building permit issued for the same construction project (See Uniform Building Code Section 303(d) and (e), as currently adopted under KIBC 15.05.020). * ** * ** * ** * ** * ** * ** 17.15.070 BUILDING PERMIT AND CONFORMITY TO ZONING. No building permit, plans, or specifications will be approved which permit any violation, modification, or waiver of this title. When the terms of a building permit, plans, or specifications conflict with this title, the provisions of this title will govern. 17.15.080 USES PROHIBITED UNLESS AUTHORIZED. Land uses not listed as a permitted use in a district are prohibited. 17.15.090 SIMILAR USES MAY BE PERMITTED. A. Land uses other than those specifically permitted or conditionally permitted in a district may be allowed if they are similar to those listed and are found by the commission, after a public hearing, to be similar in character and impact. B. In all cases, the outdoor storage of materials and equipment is prohibited unless it is listed as a permitted or conditional use in a district. * ** * ** * ** * ** * ** * ** Case No. 11 -003 Staff Rpt Page 8 of 16 Public Hearing Item VI -C • • PeZ August 16, 2010 b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114;250(1) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. Consistency: Unknown. The project may be located in an area identified for the study or illustration of history and prehistory under 11 MC 114.2500I] K. Mineral Extraction and Processing Policy K -1: Siting of Material Sources a. Sources of sand and gravel shall be authorized in the following priority: 1. Upland sites, including river terraces above historic high water, 2. Areas of low habitat value, including river bars, 3. Streams which do not provide fish habitat, and 4. Other habitats. (Consistency: N /A. The project does not involve extraction of sand and gravel resources., b. This policy applies to the sand and gravel standard (11 AAC 112.260). Consistency: N /A. The project does not involve extraction of sand and gravel resources) 4.5 Designated Areas 4.5.1 Recreation Areas Not identified as such? 4.5.2 Natural Hazard Areas Not identified as such) 4.5.3 Important Habitat Areas Not identified as such) 4.5.4 Historic and Prehistoric Resource Areas Not identified as such) 4.5.5 Commercial Fishing and Seafood Processing Facilities Not identified as such) 4.5.6 Subsistence Areas Not identified as such., understandin KIBC Title 17, Chapter 17.15, GENERAL PROVISIONS AND USE REGULATIONS 17.15.010 APPLICATION OF PROVISIONS. The provisions established by this title for each district are minimum regulations and apply uniformly to each class or kind of structure or land. 17.15.020 CONFORMITY WITH REGULATIONS REQUIRED. No building, part of a building, or any land shall be used, occupied, erected, moved, or altered unless in conformity with the provisions of this title for the district in which the building or land is located. 17.15.030 ALTERATION OR ERECTION OF STRUCTURES. No structure shall be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area, to have a narrower or smaller front yard, side yard, or rear yard, than is specified in this title for the district in which the structure is located. Case No. 11 -003 Staff Rpt Page 7 of 16 Public Hearing Item VI -C P&Z August 18, 2010 b. This policy applies to uses and activities related to the Energy Facilities Standard 11 AAC 112.230. Consistency: N /A. The project does not involve the development or construction of an energy facility,) H. Recreation Policy H -1: Protection of Recreation Resources and Uses a. On public lands and waters used for recreation activities within designated recreation areas or on private lands and waters within designated recreation areas where the landowner has granted formal . permission for recreational activities, non - recreational projects and activities shall be located, designed, constructed and operated to avoid significant adverse impacts to recreation resources and activities, including access and scenic views unless a comparable alternative recreational opportunity can be provided that would not decrease the quality of the recreation experience in another area. Consistency: N /A. This request does not involve the use or development of public lands or waters used for recreation, or any other public purpose. b. Access through water bodies shall be maintained. 1. Fences shall not be constructed across streams, 2. Bridges must be constructed at least four feet above the ordinary high water mark, 3. Structures, other than weirs, shall not impede travel by watercraft along waterways, and 4. Weirs shall be constructed to allow for small boat passage over or around the structures, and warning signs shall be placed at least 25 yards upstream of the weirs. Consistency: N /A. The project is not located along a water body used for recreation purposes) c. This policy applies to areas designated for recreation under 11 AAC 114.250(c) as described in Section 4.5.1, and it applies to all uses and activities that could affect recreational values described in the resource inventory and analysis. ponsistency: N /A. This area is not specifically identified or reserved for recreational use under 11 AAC h 14.250(c)) I. Archaeological and Historic Resources Policy 1 -1: Consultation and Surveys a. For projects within the historic and prehistoric designation area, the applicant shall submit with the consistency review packet an assessment of potential impacts to historic and prehistoric resources and a plan for the protection of those resources. As part of the assessment, the applicant shall consult with the KIB, tribal entities and the Alutiiq Museum. Consistency: N /A. The project is not known to be located in an area identified as a historic or brehistoric resource area] b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.2500) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources ponsistency /A. The project is not located in an area identified as a historic or prehistoric .resource area Policy 1 -2: Resource Protection a. For projects within the historic and prehistoric designation area, if previously undiscovered artifacts or areas of historic, prehistoric, or archaeological importance are encountered during development, an artifact curation agreement will be developed between the landowner, appropriate state of federal preservation authorities, and the curation facility if artifacts are discovered on the project site. Consistency: Yes. A stipulation requiring the inclusion of an artifact curation agreement will be incorporated into the permitting process] Case No 11 -003 Staff Rpt Page 6 of 16 Public Hearing Item VI -C PAZ August 1 B, 2010 COASTAL MANAGEMENT APPLICABLE POLICIES 4.4 Enforceable Policies B. Coastal Development Policy B -1: Multiple Use a. Structures or dredged or fill material placed in coastal waters shall be designed to minimize the need for duplicative facilities. Consistency% N /A. This_project does not involve the placement of material' in coastal waters? b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to siting of facilities in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. 'Consistency: N /A. This project doeshot propose siting of structures or placement of material in oastal waters) Policy B -3: Dredge and Fill Activities a. An applicant for a project that will place structures or discharge dredge or fill material into coastal waters must include in the project description measures that will limit the extent of direct disturbance to as small an area as possible. Consistency: N /A. This project does not involve the placement of structures or material into coastal waters b. This policy is established for the Coastal Development standard (11 MC 112.200) subject use. It applies to all uses and activities related to placement of structures in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. Consistency: N /A. This pnject does not involve the placement of structures in or adjacent to coastal waters C. Natural Hazards Policy C -1: Erosion and Landslides a. Proposed development and resource extraction activities in designated erosion hazard areas shall: 1. Minimize removal of existing vegetative cover, and 2. Stabilize soils and re- vegetate with native species for areas where development necessitates removal of vegetation, unless re- vegetation activities would cause more damage. Consistency: N /A. The project location is not located in a designated erosion hazard area} b. Subsection a applies to areas designated as erosion hazards under 11 MC 114.250(b) as described in Section 4.5.2. Consistency: N /A. The project location is not located in a steep slope area or identified as within an erosion hazard areal D. Coastal Habitats and Resources Policy D -5:, Wind Generation and Bird Habitat a. The applicant shall incorporate measures into the project description regarding the siting of wind generation projects to minimize mortality to birds. These measures shall include, but are not limited to, installation of turbines on the tallest towers practicable for the site, configuration of towers to reduce the likelihood of bird strikes, and use of tubular towers, fully enclosed nacelles or other appropriate technology that has been demonstrated to reduce bird mortality from wind turbines. Consistency: N /A. The protect does not involve a wind generation project' Case No 11 -003 Staff Rpl Page 5 of 16 Public Hearing Item VI -C P &Z August 18, 2010 Jack and Lee Lakes Natural Use Area Goal: Address and resolve user conflicts between motorized and non- motorized activities in the Jack and Lee Lakes Natural Use Area. Objectives: a) Change the area's name to Womens Bay Park or Jack and Lee Lakes Natural Use Park to help identify the area to Borough residents and visitors. b) Develop a park, trails, and recreation plan for the Jack and Lee Lakes Natural Use Area. Public Health /Safety and Environment Goal: Minimize development in environmentally sensitive area. Objectives: a) Maintain a high quality natural environment within the planning area. b) Rezone portions of the B Parcels to public use, natural use. or conservation areas zoning classification or possible residential use. c) Implement the Alaska Coastal Management Program and the Kodiak Island Coastal Management Program in planning for appropriate coastal zone uses. d) Protect the Russian River and Sargent Creek drainages by establishing specific strategies through coordination with state and federal regulatory entities. Goal: Ensure adequate public services for the Womens Bay planning area. Objectives: a) Identify and prioritize needed road improvement projects in the WBC. b) Provide better fire service in the planning area. c) Addresses problems associated with private water /sewer systems. d) Provide an upgraded emergency evacuation shelter and support emergency procedures education. e) Support positive bear management practices as described in the Kodiak Archipelago Bear Management Plan. f) Designate a suitable location for a community cemetery. g) Designate a suitable location for a community school. h) Improve waste collection and disposal — Provide a transfer station and recycling center to be located in the core area. Case No. 11 -003 Staff Rpt Page 4 of 16 'Public Hearing Item VI-C P&Z August 18, 2010 occurring or may occur should be reserved for one of the following use categories: agriculture, industrial, or public open space. Resource extraction uses include all uses associated with the operation of quarries, such as the extraction, storage, processing and transportation of the quarry product." Womens Bay Comprehensive Plan Update - Chapter 4. Goals and Objectives Goals are general achievements that the community wishes to accomplish in the future. Goals provide guidance for developing objectives. Objectives are specific and achievable projects in support of a goal. Land Use Goal: Guide the use of land in the Womens Bay planning area in a manner that provides for orderly and compatible community and regional growth. Goal: Maintain the rural residential setting of the Womens Bay Community. Objectives: a) Encourage new residential development while maintaining a minimum lot size of RR1 (40,000 square feet). b) Platted roads should be developed to Borough code prior to land sales. c) Support a centralized business and office use areas that follow the existing development pattern. Goal: Minimize conflict between different land uses within the Womens Bay Area'. Objectives: a) Create a buffer zone between existing industrial and residential use areas. b) Develop light and noise standards for non - residential uses. c) Provide viable land uses for the Salonie Creek Area, including the feasibility'of future recreational or resource extraction uses. Goal: Guide gravel material sources and extraction operations in the Womens Bay planning area that is mutually beneficial to residents and industry. Objectives: a) Conduct an industrial and resource extraction future needs analysis and site capability analysis to determine KIB land use supply and demand. b) Transition the location of industrial and gravel uses out of the immediate Womens Bay Comprehensive Plan Update residential area. c) Regulate hours and days of operation and permitted activities to minimize conflicts with adjacent residential areas as provisions in lease•agreements. Case No 11 -003 Staff Rpt Page 3 of 16 Public Hearing Item VI-C P&Z August 18, 2010 4. Surrounding Land Use and Zoning: North: Lot 7, USS 2539 (USCG) Use: Vacant Zoning: C - Conservation Zoning District South: Ptn. Lot 1, USS 2539 (Russian Creek) Use: Vacant Zoning: C - Conservation Zoning District East: Undeveloped tideland (across Chiniak Highway) Use: Vacant Zoning: C-Conservation West: Block 4, Tract A, Bells Flats Subdivision Use: Slaughterhouse; Apartment; Recycle Business; Gear Storage, etc. Zoning: I-Industrial 5. Comprehensive Plan: 17.10.030 Comprehensive plan. For the purpose of this title, the Kodiak Island Borough comprehensive plan consists of the following documents: A. Kodiak Island Borough comprehensive plan update dated December 6, 2007, prepared by Cogan, Owens, Cogan, and the Kodiak Island Borough;... F. Womens Bay Comprehensive Plan Update. Prepared by the Womens Bay community and the Kodiak Island Borough community development department. The recommended guidance accompanying the Recommended Land Use Map (p.46) of the Womens Bay Comprehensive Plan Update had this to say about land designated for Industrial use: "This category is intended for economic uses that result in increased jobs and tax base to the Womens Bay area and the Borough as a whole. This category should include industries and distribution/warehouses that are not. generally compatible with residential uses typically found in suburban areas. Four criteria guide the location of large tract industrial uses: transportation access, water supply, lack of incompatible existing land use topography. An area of approximately 45 acres is recommended as an excellent location for employment uses. Prime roadway access in this area provides great connections to business centers throughout and beyond the region. A number of natural gravel deposits exist in the Womens Bay Planning Area. Such quarries should also be protected from encroachment by incompatible land uses that may be sensitive to blasting, dust and heavy trucking operations. Areas around quarries where active blasting is Case No. 11-003 Staff Rpt Page 2 of 16 (Th Public Hearing Item VI-C P&Z August 18, 2010 MEMORANDUM DATE: July 9, 2010 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the August 18, 2010 Regular Meeting CASE: 1.1-003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15.090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I-Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: Tract E of Tract A, Bells Flats Alaska Subdivision, per Plat No. 81-8 ADDRESS: 465 Sargent Creek Road ZONING: I-Industrial Zoning District. Ten (10) public hearing notices were mailed on July 7, 2010. Date of site visit: July 17, 2010 1. Zoning History: The 2006 Womens Bay Comprehensive Plan Update and the 2008 KIB Comprehensive Plan Update both designate this site for Industrial use. An offer to trade Tract E of Tract A, Bells Flats Alaska Subdivision for another parcel of • borough land died before the KIB Assembly in 1991. A CUP to allow an eleven (11) unit Single-resident Occupancy (SRO) apartment building was granted by the commission in Case 96-004. There is no indication that zoning compliance was requested for the SRO and the apartment building was not constructed. As a result, the SRO CUP became null and void. An Asphalt Batch Plant was subsequently permitted for the site in June 2000 by Zoning Compliance Permit BZ00-045. 2. Lot Size: 3. Existing Land Use: 77,275 square feet Undocumented Outdoor Storage Case No. 11-003 Staff Rpt Page 1 of 16 bIic Hearing Item 6-C P&Z September 15, 2010 Case 11-003 September Public Comments Page 4 of 4 Jiblic Hearing Item 6 -C P &Z September 15, 2010 ODIIAK ISLAND BO' OUCH ITV ©EVELfi:PMENT DEPARTMENT 710 Mill flay Road, Kodiak, Alaska 99615 , Public Hearing hem Vl -C UN 1TY D OP�fl�r ), IC HE.A RINTG NOTICE j evi ravt e. Ot. r Cea6cNj- f,- op pos iJi t --i t'n clu_dc, fen hc:L( t g 3“-SS Ai gyre Cov't`I`Gtirt vt c,:ted (cot 1 (r,,t.h aE( c' l -t 1Xt in-5 11/1 ck A public hearing will be held on Wednesday, September 15, 2010. The meeting will.bea n at 7:30 p.rn. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 11-003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the 1- Industrial zone, including Asphalt Batch and Mixing Plant. Manufacturing or Refining (K113C 17.105.010.0) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: 1- Industrial c This notice is being sent to you because our records indicate you are a property ownerlinterested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. _ ' . .., . , ), i,: , _ - _I::: - - - < - You may fax your comments to (907) 486 -0396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 -178 -5736. One week prior to the regular meeting, on Wednesday, September 8, 2010, a work session will be held at 7:30 p.m, in the Kodiak Island Borough Conference Room 01121). to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this. request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name 143 1-109./t1 D Of ' 60 it iaitir.g Address: 30'11 5prtlte C A.r. P—Li Your property description: 11tOe0 5 , "RctSStcon ere CL 12d. Comments: k 1 0 1 4 tacit 5 Fled-) pi'!7 tr- ©vote is WG t 1 bp 0,Se. -rile, r bbect u of i aid• a. 't i r �t - Cr k. j evi ravt e. Ot. r Cea6cNj- f,- op pos iJi t --i t'n clu_dc, fen hc:L( t g 3“-SS Ai gyre Cov't`I`Gtirt vt c,:ted (cot 1 (r,,t.h aE( c' l -t 1Xt in-5 11/1 ck VIA-tot t, 0'al rem d■ 5+1 e- it.PYn )" cult).- -614. tin Si L11t N %l e,/ -14-R V :)f-6,r1 I W CW(cl i rc•' -en.t . -rive- of( 54.560/1 vv�� o f -(iii S- of I e cl s0 111 11 as ? otc hied -D NOW', Iout,1 rza idtnt5 . Whit t, we At1hsc.;e '<, --I (Ana user Woad, -i`w., 014,4GL/ e-a piccast - is bver3iikt oF- �Lfr RE-c. are, o�tee bade i[Mite, , AKA, kcettlevtfs i o oCeu.t . li' WcAt a. lad, ai& meat S al r isle -ft' £A emerock loot tout t50, 5trten(P, �'i 6hart/ntarr+ . Fi>1ct(11 4 15W4 a+-\.e." 4,% .3(1 l lhci.uStYia,( i t45 of- (u t - ril 4- i..5 -i-ke Jcr.>_}-C.vV • + ct- l ova! y ir? C i �h bCV hOO- ( ah 4 (e crc -'or to cat-e, . 'e q - -Eit.G #-s CL 4k) c 8at. I Fic.L Case 11 -003 September Public Comments Page 3 of 4 DI ic Hearing Item 6-C P&Z September 15, 2010 Case 11-003 September Public Comments Page 2 of 4 Public Hearing Item VI -C P &Z 18, 2010 KODIAK ISLAND BOROUGH UNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak. Alaska 99615 Public Hearing Item V1 -C LIC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: 11 -003 John Zbitnoff A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments must be .received by 5 pm, Au Est 3. 2010 to be considered by the commission. The commission shall not consider any new information submitted less than fifteen (75) days prior to a regular meeting date (Planning Zoning Bylaws amended June 16, 2010). You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 - 478 -5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call 4-41-114::, usat 486 -9363. Your Name: 1 rF' J` 6:, i-jiZsr t i' l Mailing Address: 0 3 -PR° ste h fJ p 7 Your property description: 4c re fa rat {;,�1•/ -�11 +(n)-e -Ce Proctih c4 (11; ealSi71 lots DR, V /)�1di)'�- /✓ Comments: .V} -M (I r1-1- -40 U (7 r 5 1 nit" S %L f?( .ti's [iCtf.5 re. v; 6,-d -S f 4 f /1 d61 re/ a ttfl, L.,r,?A -,L A, i e� .1.,r. .s-c) : / I �.n -� ,- ti -, -h-1 4,j_ //9 fai-�' 4 U 0-777, ,-,L D- ( �L I`3 . C, (.r e,, 7 oe4: / f ,- e l- - k , 5-to ` r( h��/1 Co)i l-cr ni r i -fe/ ,) i 1 ,s.c` (-- 6 S e -1' 0 -f -A.c _. r ,-v e r" 7S ci T7 i- ro n Cq r7't 10 % ? . %-e 412.4n71 I'z- fri Cd? 1, s-zJ m 4-.1S/ C7ICC.�1 7 / r y o/f 4 /�%t 1--,5-el 4. i, iv 'e4--- T-- -•f rj a'1r -t r' --4(r `�'ll.e ho ---•-- . ^A 1 -. l ,'!Y) i -a-ry. ,-.crte d ; / i S C• GLamyi /' -,4 c r- -f j 3/1 7}- - /& / n / i li:nrX 2 i-e ..r? • 7'/f?a —,© ci,,, "%1 fa�i n l7'I,t , ,4'h,)III as / lt j Jl' IG. 7 CA w -, Case No. 11 -003 Public Comment Page 93 of 93 /--■ ^` Pub|icHoohng|bamV|-C P&Z 18, 2010 1 Case No. 11'0O3 Public Comment Page 82of03 Public Hearing Item VI -C P &Z 18, 2010 AK ISLAND BOROUGH DEVELOPMENT DEPARTMENT Mill Say Road, Kodiak, Alaska 99615 Public Hearing Item VI -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borou h Plannin: and Zonin: Commissio to hear comments if an on the followin: re. est: CASE: APPLICANT: REQUEST: 11 -003 John Zbitnoff A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch' and Mixing Plant, Matiufactining'or Refining (K1BC 17.105- 010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.] 05.020.F), the latter use would also require a conditional use pexnut (CUP) review if approved as a similar use by the commission. LOCATION: 4-65 Sargent Creek Road ZONING: I- industrial This notice is being sent to you because our records indicate you area property owner /interested party in the area of the request. 1f you do not wish to testify verbally, you may provide your conmrents in the space below or in a letter to the Community Development Department. Comments must be received by 5 nip, Aueust 3. 2010 to be considered by the cormeission. 77re com+nission shall not consider any new information submitted less than fifteen (15) days to a ,prior regular meeting are (Planning Zoning Bylaws amended June 14 2010). You may fax your comments to-(907) 486- 9:396. To testify via telephone, please Cali in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number h 486 -3231. The Alaska toll free telephone number is 1- 800-478-5736. tine week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7 :30 p.m. in the Kodiak Leland Borough Conference Room (11121), to reviex! the packet material for the oase. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have {a-ny questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: �A 11A- W2v'1�L, MiningAddreea: /01i At, era Ls �16..r. Rnp e j Your property deaeriptioa: J 0 D A 18 J2(1 �+ ¢ W: t t.'e ru. q... <I e tQ.c rw+.R�0 p "NA .CY�IV' -�..Y Comm "m 1. ,or.��G'..M1.,nA3G, V..e S.D......1, C1M t c. U. a "Z -f 'IL t ♦ -fro _.,. M11..< ,AL' - •L...��^A s1:a ' + . •' 1 • .•.. .� .. ••. . ' ' ,t . 14_ I_ >_. €1 ;A._ t.: �1.... , a 1 1 ... L — ....a it . A A40.M.1 l i . • '. :1 ..., .Lr. 4 . 41. � y .. aE I scvc.L,rvw.., txt-e. 1. ' lit t J...:.,.,f., l�z 4- t Lt., Cr ' Nt >c .. 14a4 #4. ... . .... 4 t..*__ • .. 1 r.... i. w. A 6 It 1 CA Lie- ,A.-ek Case No. 11 -003 Public Comment Page 91 of 93 Public Hearing Item VI-C P&Z 18, 2010 Case No. 11-OU3 Public Comment Page SOof83 Public Hearing Item VI -C P &Z 18, 2010 and futures of our residents by allowing heavy industrial activities and wastes toccorne into areas, where people live. We already have heavy industrial business in Bells Flats (the asphalt plant, for in"stance).1 would like to site them moved some day, as well. The difference between that situation and this current proposal is that the asphalt plant is already there. We don't have to compound a toxic problem by allowing°new development and storage in the area. Thank you for thc opportu ityto speak out against. this potentially dangerous intrusion into our community. Maggie Wall 2 %£' d 81)1 :01 Case No. 11 -003 Public Comment Page 89 of 93 :446a1 Bb :2t ato8 -to-and Public Hearing Item VI -C P &Z 18, 2010 Margaret L. Wall P.O. Box 686 Kodiak. Alaska 99615 August 2, ^.2010 To: Kodiak Island Borough Planning and Zoning Commission Re: Case 11 -003 Request to store contaminated soilat 465 Sgt Creek Road. I live at Block 10,.Lot 7E which is 11746 Bells Flats Road. I have owned the property since the early 80s, having purchased it from its first owner. 1 oppose any plan to bring more or new hazardous materials into the residential areas of'Bells Flats or other established and well- populated areas of the borough., [realize that the property in question is zoned for industrial Use. And I understand the thought process that brought the industrial Use zoning to that lot. The problem 1 see is that in this day and age we know that industrial waste and hazardous, wastes of all kinds are a lot more dangerous than was previously known to be. lean think of no reason why we should house or burn. or. distribute in any way hazardous materials noar a densely populated residential community. The potential for drastic, dangerous hann is definitely there. The location is literally a stone's throw away from both a salmon stream and popular salmon river. It is right across the street from the tidal arcas'of Women's Bay. A leak of any kind, a bad flood, or-an earthquake or tsunami could create a problem of major proportion. So could a leaching of hazardous materials into the water system that feeds the wells of more than 800 people. I believe the danger of potential harm is too great.'I believe the borough needs to have a plan for dealing with hazardous wastes that doesn't include storing or burning or burying 'near residential areas. I believe we, as a community, need to bite the bullet, set aside some land on the road system that's away from development and call it the place we put these dangerous materials (and the future landfill). People are not going to like dedicating what now is a pristine area to hazardous waste disposal, but it is far better to do that than to continually risk the lives, health 2/2'd eIDI:01 Case No. 11 -003 Public Comment Page 88 of 93 :WONJ Bb:2T etOz- £a -ond Public Hearing Item VI-C P&Z 18, 2010 KODIAK ISLAND. BOROUGH COM/UNITY DEVELOPMENT DEPARTMENT 7101Sli1t 1;3v:1U:4, Kbdiai‘ AfaitkaPP615 Public&migg item PUBLIC HJ3ARING 'NOTICE A Public hearing,will be held. on W n y,.Angttst 2 I . oeting 1:39 p.m'. in thd Borough Assembly Chambers, ..7)9 :mdi Bay Road; krodi • Alaska,: before the Kodiak Island Borou h Planrdn' and Z Co to bear comments tiara on the lblIow re' eat: CASE: 11403 APPLICANT; John Zbitabff REQUEST; A Similar Iftte Determination, according to KIBC 111S, 090.A, utkalloW the .storage petroleum contaminatod soil for the purpose of ADEC approved treatment, as is Similar in ehanitter and mpact to pertnitted or ,conditional uses in the 1 Ijidustrial zone, including Asphalt'Satch and .Mixing Plant, Manufacturing; Or'llicfnaing (KIBC 1'7.105.0E0.C) or, 'Petroleum or Planunable, Liquid Production, RtEuMg or Storage (MSC 11.105.(20 nlho lute use would alai) require a cenditiOnal use,peonit,(C1,1p) reviewfapprovedsasimilar r use by the commission. 405 SargentCreelt Road LOCATION: ZONING: This. notice is being sent w ,yon,becauses our MO lz itgOcate. $=ott on a property ownetiinterosted paitiOn the sacs of the iecjiie'st: 1r you do not ..yelidi to "testify verbally, you may piViidti your Oniniontit • in the apace below. or in a lotto to the Community Pottalopmont fial>attment. ' I. . 1, 1 et 'ha' elqi ; b 4 t V, . . I.. , Kt 1 24110- u -•• "it 'ii. ' . „ • totinitiiksjoii The reiisiithisli,ip the nit .cp41.1410 iini riew iriliiiittifii* .4.4■0111,611" leis digit lifticia. (1.9 dap prier W u fax year comments to poly 486-09a. inviting _section °title tunottog: The ia 1409:478-5,116, , 00404 at 7:10 ,ptitti in the cW. . . cOinddstion!e decision ott 'hit to call ti' at 4.13641(4, gar . - regular me,iiirg dryie irlonnitig Zonfrig itipiqvesk irrepsilei 1:',fere, L. 3041 YOU may To testifi-iiii teloptioinc please call iq *our pointuettis during the appropriate public beat calt!in-titlephonanungior iii 4Fi6t321I,.. Thi•11.Wittoi toil fraja :tiiiatilione nitnitie* .. One Week Prior to the ecIiidne ote.ctiegt olk Wedoesditlii Al1Sus.t41,-201010..seolit. nessinivodil Knitisint144,30t0O01):COnfetc,OttlkOntn14421), tO Wen.itli.O0OtteOititOitifttr Ole goolak tsikod Boroiiffi Code prpitiiks ,,9!ki:iiitii:spt4.4e.apogio-sioiS If you disagfea•In4thlIfo requist..ifytur_luive.any .quiatiousatiout thorequein.tir your:BM:cat sighisi,,p1 feet ft= . Hain: f i•■: t)3L4 it. ilit lddod A Yssoinni .n. _ . . t . 0 , ,; pimety *ko • L , , gag' miu g .411Mell! soMMAIRWM0......4. _ _ .. . . . .. .,.. . ...._. _ . _ .. . . 1111W1131310.M11111111~DI 1 174' . ,. 8IN:01 Case No. 11-003 Public Comment Page 87 of 93 iWCIad erti32-£.13-911d P8218, 2010 Case No 11-003 Public Comment Page 86 01 93 — sh-ettArn _ffnex.E.60_reickgt_tkpat._ 204___Sofbrnorl, ItetterS' s COMMUNITY DEVELOPMENT I, ' Z?—Zcle,6 Public Hearing Item VI-C P&Z 18, 2010 ,Tm Tip Case No. 11-003 Public Comment Page 85 of 93 / ) Aug 27 2010 11:32 USCG BASE KODIAK CHP rjflTri AUG 27 2010C K , iblic Hearing Item 6-C P&Z September 15, 2010 9074874963 p • 1 KODIAK ISLAND BOROUGH. . ' rorivstioss... • VELOPMENT DAPARTMENT 10 mniilay'Read,,keglialt, Alaska 9q61.5 IcoMrvluNhY DEVELOPMENT DEPAR Public Flearink_ltem G OTICE A iteating.:will beheld on YiletitteSdn'S■apfeenber15; ittio, The meeting will begin at 7:30 p.sn, anabert .110.1v1i11- Bay ROt4., Kadin c, Alaska, before the Kodiak Island and Zomn • SSiott. to hear comments if-an on .We followin • nest: CASE: tk:r0(11.1 AP1.4j.,1CMID John Zkiftnoff UEST:: A pintlar:US*1:ietehninacie* according to KIBC 17:15, 090.A, to allow the storage or tteltio/eutn ,e6n1a0inat+.4* 0)4-or The pfxrposio(ADEC approved,treattnent, as a use that as tar IP; eltaiaetcr•-;00:1,intpa0116 permitted o t conditional uses in the I-lndustrial 'zone, incitailikg .Aspluitt Batch. and MixIng Plan4 Manufacturing or Refining MIX 1.7:1•05:0100: or Petic4FUM.Or Elairtinable• Liqt id Produaibn. Refuting or Storage IBC 17 165 020 I iha 1attr ase:Virould'alwrequiie, a conditional use permit (CUP) twiiicw':if.4014roWt44:6.siintlat u byTho onnnis,sion. • : LOC$110 445. Sargent Othcft; Rad * because 'Our reeeriVindieete you are a. iyro..iik4,, owner/intereted party in the area of the, Pmtjuesl.';.1f you do not wish tmt.11.5, erba11y ytit! .mtty:,prOiiide your corner ks in the space bet w or in .a letter io the ConinittnityDdifek.iPitient Deliartinent. wrine.•''.•• *IT s 1 Isrt.ea*si Auprukg 30,Li. 1 it .[...lituaLgttgArt.41 1v Yke :Lo444.ttioiciiri-H41:1,net:ritiftirstaculon Votnritrof .feNs Mit?" ;11) Mo.,. prior to ct vi,4110,"]r0.eililli Oak' fg.49r:F.,teliqi:urAtif dune ftt,.2610). You nay fax your con eats to (907) 40 9396 IIIV1 tQ1ep1u please caU it yer eo uncn duugths nppipr1aft. ub1tc heaTir% sectoa of the meeting. The tekflitine.snunabertis.140647&S 3, . One ,week pifer to the rmaarrneetirm,Inn:WeAleOlay;-$ept-ernber.:2010, 6 smirk session will' be eld et 700 p.m. in the Ittotli4 Nand:Om:14 .0.11piencelioqiii. 0111), taleviewthe packet-Material fon' the-cese, du s1aL libtemgh:Ctitte'Folliaa. you with ttp?eifiO•ttlipeitright$ if you ditalkite, With the Commission's deciNion on rOu.eit,ityOu five t4iiy:4114tiofi abitat'14:fequiiitoyoueapitaal rights,:please free,to us.at 4864363. ..,y.,0110.4g1.0'et, t • .. • 'tviallisigAddiew`• 41 .ta_Sr Ses.gy sArAg.., • " • 11.'4.6144MpOt*.tliesCilliticite WR - MIL r • AA. • ...AI • • Case 11-003 September Public Comments Page 1 of 4 Public Hearing Item VI-C P&Z 18, 2010 Case No. 11-003 Public Comment Page 84ofD3 Public Hearing Item VI -C P &Z 18, 2010 ,, KODIAK ISLAND BOROUGH UNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C BLIC HEARING NOTICE AllptitliiillieffitglIseillIAIRMIc. on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the- orvuglrAsstmbly ettdmbers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 11 -003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments must he received by 5 mu, August 3, 2010 to be considered by the commission. The commission shall not consider any new information Nahrniried less than fifteen (15) days prior to u regular meeting date (Planning "Zoning Bylaws amended bone 16, 2010). You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (0121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Shanna Torgerson Mailing Address: 27o5 Mill Bay Rd Your property description: Block I Lot 23 Russian Creek Comments: I wish to voice my support to .allow Mr. Zbitnoff to use his industrial prnparty fnr leg l and allnwerl industrial us a. Case No. 11 -003 Public Comment Page 83 of 93 Public Hearing Item VI-C P&Z 18, 2010 Case No. 11-O03 Public Comment Page 82of03 (1 1 A(lG - 3 2010 Public Hearing Item VI -C P &Z 18, 2010 KO DIIAK IISSLAN1D BOROUGH ITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C i COMMIX A ECOPMENT .t ET • • on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: 11 -003 John Zbitnoff A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose ofADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the 1- Industrial zone, including Asphalt Batch and Mixing Plant. Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production. Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: 1-Industrial t I his notice is biting sent to you because our records indicate you are a propeny owner rested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments nowt he received. by F. pm, AtIVIlq 3- 20111 to he considered by the FOLIC HEARING NO CE i COMMIX A ECOPMENT .t ET • • on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: 11 -003 John Zbitnoff A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose ofADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the 1- Industrial zone, including Asphalt Batch and Mixing Plant. Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production. Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: 1-Industrial t I his notice is biting sent to you because our records indicate you are a propeny owner rested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments nowt he received. by F. pm, AtIVIlq 3- 20111 to he considered by the rruumi siou. The ri+mmicV:.,n Nhidl not consider uny new informally/1 .ctrhr,firtcd !rte, than Ji irr,t (151 di,rs prior :u a regular mrr :il1!L daft WPie:Wag Zoning G;lurrk au nrlcd June to, 2010). You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your continents during the appropriate public hearing section of the meeting,. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 - 478 -5736. One week prior to the regular meeting, on Wednesday. August 11. 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (I /121), to review the packet material for the case. Kodiak island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this 'request. 1f you have any questions about the request or your appeal rights, please feel free to /call us at 4(86- 993fr66n�3. Your Nam c+�4`-f J� htailin�.Address: �� 19� ��%7rG Your property description -', �� LV t �� — Comments: _.. /L..L..' - ILfi ' 1 I 1 � �1� / ' L`' 1..2 illr 2 , 4 - iarl 1 ' / -If i �ft�/. /` L ' dot Out a/Lc� , - A 1 wi ! • `�a / i ... _ , i d L._• lt.A_ .. -IL —ev1A -tel. 1444A— 4A— , A. IttJ . e ._ !! Cl /YfC t 4 f { fild. tQ .! .. ��iL�, lI Case No. 11 -003 Public Comment Page 81 of 93 Public Hearing Item VI-C P&Z18.2O1O Case No. 11-003 Public Comment Page 80 of 93 2 Public Hearing Item VI-C P&Z 18, 2010 August 2, 2010 To Whom it May Concern, We are opposed to John Zbitnoff s request for storing contaminated soil at his. 465 Sargent Creek adress. We would like to see the K.I.B. find a location that is not near a residential area or 2 salmon streams to locate contaminated soil. We would like to suggest the possibility of storing the contaminated soil at the current K.I.B. dump site and then use it in the future for coverage at the dump. Because contaminated soil seems to be a problem •that is not going to go away anytime soon, we would like to see the Boro find a location and designate it for this purpose only. If the dump site is not the way to go, then we feel the boro needs to assign a specific piece of boro owned property for this use . Sincerely, c. Jim Rippey, Cathy Wilson 4e-9700 AUG - 3 2010 COMMUNITY DEVELOPMENT DEPARTMENT Case No. 11-003 Public Comment Page 79 of 93 Public Hearing Item VI-C P&Z 18, 2010 Petition to Deny the Approval of Case 11-003 The contaminated soil storage and remediation permit application for 465 Sargent Creek Road should be denied because: 1. The Kodiak Island Borough does not have a publicly available document detailing Borough plans for contaminated soil storage, remediation, and disposal. 2. The site is inappropriate for contaminated soil storage and remediation because it fails to meet minimum standard guidelines found in the State of Alaska soil treatment regulations at 1 8 AAC 75.370. Specifically, "...(2) store contaminated soil (A) 100 feet or more from surface water...". (p. 99) 3. The site is bordered by water on two sides and prone to flooding. The immediately adjacent Russian Creek, recognized by ADF&G as hosting Pinks, Coho, Chum, and Dolly Varden, is a sport fishing and bear viewing destination for Kodiak community families and tourists. 4. The permit application fails to meet objectives outlined in the Kodiak Island Borough's Wornens Bay Cornprehensive Plan Update including: a. "No new industrial activities will be permitted in the Core Plan area." (p. 34) b. "Minimize development in rivers and creek flood plains..." (p. 43) c. "...protect the Russian River and Sargent Creek drainage areas through the creation of greenbelt." (p. 36, 44) PRINTED NAME 70ni /Mr f") CNVE AUG - 3 2010 r.OMMUNRY DEVELOPMENT DEPARTMENT SIGNATURE Case No. 11-003 Public Comment Page 77 of 93 DATE — -- /0 Public Hearing Item VI-C P&Z 18, 2010 Petition to Deny the Approval of Case 11-003 PRINTED NAME 7101 Lho-1-4, L_QkotA ckKyrY\ SIGNATURE Case No. 11-003 Public Comment Page 76 of 93 Public Hearing Item VI-C P&Z 18, 2010 Petition to Deny the Approval of Case 11-003 The contaminated soil storage and remediation permit application for 465 Sargent Creek Road should be denied because: 1. The Kodiak Island Borough does not have a publicly available document detailing Borough plans for contaminated soil storage, remediation, and disposal. 2. The site is inappropriate for contaminated soil storage and remediation because it fails to meet minimum standard guidelines found in the State of Alaska soil treatment regulations at 18 AAC 75.370. Specifically, "...(2) store contaminated soil (A) 100 feet or more from surface water...". (p. 99) 3. The site is bordered by water on two sides and prone to flooding: The immediately adjacent Russian Creek, recognized by ADF&G as hosting Pinks, Coho, Chum, and Dolly Varden, is a sport fishing and bear viewing destination for Kodiak community families and tourists. 4. The permit application fails to meet objectives outlined in the Kodiak Island Borough's Womens Bay gomprehensive Plan Update including: new industrial activities will be permitted in the Core Plan ECE 34) b. "M Ize development in rivers and creek flood plains..." (p. 43) AUG - 3 MO ". .tect the Russian River and Sargent Creek drainage areas thougi the creation of greenbelt." (p. 36, 44) ■ COMMUNITY DEVELOPMENT DEPARTMENT PRINTED NAME SIGNATURE DATE Af-r6 1441<-16e FT-AA IIP)1fQ-1 AQJ 120-v1 qta4-a- *lab to V/5/ to -1tOdhli5M1 ff/3/1° Case No. 11-003 Public Comment Page 75 of 93 Public Hearing Item VI-C P&Z 18, 2010 Petition to Deny the Approval of Case 11-003 PRINTED NAME DAT f 913to s-13116 F %OHO 513 (tO fzJ (Zs-0cl/ etrJ Wel e 1\1 )14-6 4v5 Case No. 11-003 Public Comment Page 74 of 93 Public Hearing Item VI-C P&Z 18, 2010 Petition to Deny the Approval of Case 11-003 The contaminated soil storage and remediation permit application for 465 Sargent Creek Road should be denied because: 1. The Kodiak Island Borough does not have a publicly available document detailing Borough plans for contaminated soil storage, remediation, and disposal. 2. The site is inappropriate for contaminated soil storage and remediation because it fails to meet minimum standard guidelines found in the State of Alaska soil treatment regulations at 18 AAC 75.370. Specifically, "...(2) store contaminated soil (A) 100 feet or more from surface water...". (p.. 99) 3. The site is bordered by water on two sides and prone to flooding. The immediately adjacent Russian Creek, recognized by ADF&G as hosting Pinks, Coho, Chum, and Dolly Varden, is a sport fishing and bear viewing destination for Kodiak community families and tourists. 4. The permit application fails to meet objectives outlined in the Kodiak Island Borough's Womens Bay Comprehensive Plan Update including: a. "No new industrial activities will be permitted in the Core Plan E -IE 1 1 V e " ( • 34) ze development in rivers and creek flood plains..." (p. 43) tect the Russian River and Sargent Creek drainage areas oug the creation of greenbelt." (p. 36, 44) COMMUN TY DEVELOPMENT DEPARTMENT PRINTED NAME nt- 1,4 -H'rii I-Avyy 5; / 07r( E 4"f 57,,,„ Aoy ( 54k •D'tz-E 1, SIGNATURE Case No. 11-003 Public Comment Page 73 of 93 DATE - 3 -/0 F/SAO 5 -3 - IC) e-3-14) Public Hearing Item VI-C P82, 18, 2010 Petition to Deny the Approval of Case 11-003 PRINTED NAME (A)i kfc_ el; SOtici Kt tffl JOI1(Aon 4.a:fowl/T. 9ay-4- tRobe144- «k&4__ do-ec SIGNATURE Case No. V a0- 11-003 Public Comment Page 72 DATE F(31 (() 69 /3 01Y/0 gi3pcs N3po 8/74 sivio 31/ f/3/10 63/3//6 g:31Z 6-3 - of 93 J Public Hearing Item V1-C P&Z 18, 2010 Petition to Deny the Approval of Case 11-003 The contaminated soil storage and remediation permit application for 465 Sargent Creek Road should be denied because: 1. The Kodiak Island Borough does not have a publicly available document detailing Borough plans for contaminated soil storage, remediation, and disposal. 2. The site is inappropriate for contaminated soil storage and remediation • because it fails to meet minimum standard guidelines found in the State of Alaska soil treatment regulations at 18 AAC 75.370. Specifically, "...(2) store contaminated soil (A) 100 feet or more from surface water..". (p. 99) 3. The site is bordered by water on two sides and prone to flooding. The immediately adjacent Russian Creek, recognized by ADF&G as hosting Pinks, Coho, Chum, and Dolly Varden, is a sport fishing and bear viewing destination for Kodiak community families and tourists. 4. The permit application fails to meet objectives outlined in the Kodiak Island Borough's Womens Bay Comprehensive Plan Update including: E C E 0 aj e new industrial activities will be permitted in the Core Plan (p. 34) iize development in rivers and creek flood plains..." (p. 43) jotect the Russian River and Sargent Creek drainage areas rough the creation of greenbelt." (p. 36, 44) EPARTMENT Case No. 11-003 Public Comment Page 71 of 93 DATE 813//o (Z)3/10 -10 10 )-16 Public Hearing Item VI-C P&Z 18, 2010 Petition to Deny the Approval of Case 11-003 PRINTED NAME as\N %oyke...- NATE- F,7-(W Alt K.; oy-lt- SIGNATURE f/Cd(it-A Aloodli 6.7 1- Ancbt c‘f, Case No. 11-003 Public Comment Page 70 of 93 DATE -2-010 25/5h 0 2/ 3/Po )6 Ohl) 2/3/10 e/9/10 s73/ro 313// l'51)1) 0 8- J- Jo e-- 3 3 Public Hearing Item VI-C P&Z 18, 2010 Petition to Deny the Approval of Case 11-003 The contaminated soil storage and remediation permit application for 465 Sargent Creek Road should be denied because: 1. The Kodiak Island Borough does not have a publicly available document detailing Borough plans for contaminated soil storage, remediation, and disposal. 2. The site is inappropriate for contaminated soil storage and remediation ' s to meet minimum standard guidelines found in the State k il treatment regulations at 18 AAC 75.370. Specifically, AUG - 3 2010 ". . COMMUNITY DEV OP tore contaminated soil A) 100 feet or more from surface water...". (p. 99) rdered by water on two sides and prone to flooding. The immediately adjacent Russian Creek, recognized by ADF&G as hosting Pinks, Coho, Chum, and Dolly Varden, is a sport fishing and bear viewing destination for Kodiak community families and tourists. 4. The permit application fails to meet objectives outlined in the Kodiak Island Borough's Womens Bay Comprehensive Plan Update including: a. "No new industrial activities will be permitted in the Core Plan area." (p. 34) b. "Minimize development in rivers and creek flood plains..." (p. 43) c. "...protect the Russian River and Sargent Creek drainage areas through the creation of greenbelt." (p. 36, 44) PRINTED NAME — 13e 0&k' ze SIGNATURE Case No. 11-003 Public Comment Page 69 of 93 Public Hearing Item VI-C P&Z 18, 2010 Case No. 11-O83 Public Comment Page G8ofB3 Public Hearing Item VI -C P &Z 18, 2010 'A J.w•ra.lwcava.rt. jT7% r¢KwTe¢.+7 tints tup44. Y{ tG.O.fl. ra e¢e471':1a.1Mfb •, tra4Ao•J50117.7a. a .47 Wb.3Ya4¢1:r he Borou Assefnbly Chamber, 710 Mill Bay Road, Kodiak, Alaska. bforea,the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following ii quest: CASE: H-003 APPLICANT: John Zhitnoff ;REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial :tone. including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Relining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testily verbally. you may provide your comments in the space below or in a letter to the Community Development Department. Comments must hr received by ' not. ,tu'2.ust 3. 20I11 to he considered In• the: ...mmission. 77u ronrntissiun .durd nar' r <r'r / r any nen, iufru•urariou submitted less turn /7ftrcn (15) hays prior 1e n r <'.'nlar• ntfrcrin, dim. (Harming irnrin2 Bylines a ended Jui:e 16. 20101). You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is.1- 800 - 478 -5736. One week prior to the regular meeting. on Wednesday. August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (1)121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights. please feel free to call us at 486 -9363. Your Name: t6ttt, Sh 0(4 e7�wOLl',- Mailing Address: 1 11-C96 Vv.- Q ..z & t©C Your property description: irnaj � %2/%G�� -- Comments: r2.N�_ CoAcv -✓ el. fa1V7Qr7-4`1d j"(YL I� S'e c L* (U�tQ , `) __ ctr, ,- -ry c, {tec ``\+. �yL.0 Fid4\ fy rrA +e; - r? A V 1 QA t` l --.t (o..-.-k s - a_ vv.om....1 er, —% \gel, -F t ez-A-s ,.� ro Iv-he tJwti c as r. crl- \� 6 v-e, -{-�tt <...,-k- `\--1tii) 3( ) 15 a.l� p fa Ct cti -1 ` tZ \J,F_ ctA o ,.L-e G: In !) 4 c t . Jov` \i'sF1f\nC.o∎c (0Tl1 1, g c0� >c7..k. f ) hk `1- t'ce .5 �nC�r,��i0 6, AOs`s� ArG f` ,)- f` 0.- k-4=s n 1/LAAa. c bo t- aesi` 0.ut-Ati K. 17I \prw G �dm - uLcAtL0..5 ` Q ^^'X t Y� k0 (k( l V l , - 'yIA(7vt. r)vt_ C (ji, 11C r do 4 1 ir AUG 3 2010 Li : COMMUNITY DEVELOPMENT DEPARTMENT] Case No. 11 -003 Public Comment Page 67 of 93 Public Hearing Item VI-C P&Z18.2O1O Case No. 11-003 Public Comment Page 66 of 93 Public Hearing Item VI -C P &Z 18, 2010 K AK ISLAND BOROUGH A OMNIVN I I 1 EVELOFMENT DEPARTMENT 710 ill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C 1 COMMUNIU D BEl0 ;�� y ' qIt HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: 11 -003 John Zbitnoff A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the. 1- Industrial - - -zone; including Asphalt Bate r apid=- Mixing -PIant,- IVIanufacturing of Reftning ( TBC 17.105.010.C) or, Petroleum or Flammable Liq • (KIBC 17.105.020.F), the latter use would also re review if approved as a similar use by the commis ai'•. LOCATION:. 465 Sargent Creek Road ZONING: I- Industrial I 'rII •=t• '` -fl n:;_o • L • . . •' 't rage UP) AUG - 3 2010 This notice is being sent to you because our record's indicate you are a properytTil..ili�,.,;> request. If you do not wish to testify verbally, you may provide your comments in_ a s.. . • Community Development Department. Comments must be received bv 5 pm, Autnst 3, 2010 to be considered • bv the the the commission. The commission shall not consider any new information submitted less than fifteen (15) days prior to a regular meeting date (Planning Zoning Bylaws amended June 16,. 2010). You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have and questions about the request or your appeal rights, please f�e/el free to call us at 486-9363. Your Name: 1/4 4 G� M' I iVt'� Mailing Address: —)K, 2o`_, �-t'+'S-�l' `�-- /f'`� Yourpropertydescription: 1 0 t (4 S L k6: Oa IN b ! . "�� .._:...� • T` l .: lR; i 'i.+).. Ni Comment / jJ.,(' 1111 5 e 10 tKN t 4a tip 1 s OS e l� Z ' t -ice 't 0 Ik b ti ►. - .7- 1Z UG.- S' G(A) el-k Iva u�. ' et -.:11-hb 11is iW\P .,L,* g Pe vrs 0 kC'rAC~r T c$ is INT- lit E T I GG— fir) 0 us._ C'0 ckiv \ lt h6q TRCS pG-CI t l- i` Case No. 11 -003 Public Comment Page 65 of 93 Public Hearing Item VI-C P&Z 18, 2010 Case No. 11-0O3Public Comment Page 64 of 93 LS Ur, 15 f V LS Public Hearing Item VI -C P &Z 18, 2010 KODIAK ISLAND BOROUGH UNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 f L COMMU I1Y DEVELOPMFNT fFPMRTMF Public Hearing Item VI -C BLIC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 11 -003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.0) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments must be received by 5 pm, August 3. 2010 to be considered by the commission. The commission shall not consider any new information submitted less than fifteen (75) days prior to a regular meeting date (Planning Zoning Bylaws amended June 16, 2010). You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486 -3231. The Alaska toll free telephone number is 1 -800 -478 -5736. One week prior to the regular meeting, on Wednesday, August 11. 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room 0121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free free to call us at 486 -9363. Your Name: / /( / /ke/ Milee !y Mailing Address: /76 L.? 1? 7.5 / Your property description: , �r°��S F1-� i 7L /T (,,�L.r) 4! 13K Comments: �l-tnt5 ` IL?e2.T 15 Ze/J -Q -Co is f ype O uS`e. T11e1e& 15 Lim i -i ibuDOSi72tr`te- P,e01)6. dr7 412/174,9&.67, W //L1 ?eV e---.e /Ns ?wee .'r /dAV ov--7 Aoki /1 ce1 /s! 14e,2Gr 1 870 zee OT Coli7z.*�l„v4 -7/64/ /Sscl�S c)= r9e x"T t ', -7 es . J Case No. 11 -003 Public Comment Page 63 of 93 Public Hearing Item VI-C P&Z 18, 2010 Case No. 11-003Public Comment Page 62 of 93 Public Hearing Item VI -C P &Z 18, 2010 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 11-003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable LiduisLPsoduction�n'ng- Storage (KIBC 17.105.020.F), the latter use would also ; t o i ligioiai�tst r*e (CUP) review if approved as a similar use by the comnn LOCATION: 465 Sargent Creek Road ZONING: I- Industrial AUG - 3 2010 This notice is being sent to you because our records indicate you are a prol%erty oLcrliflterested-partyi1rt1 a area of the request. If you do not wish to testify verbally, you may provide your comniTro gff e[aja0iiiISITI:DERNiTharr to the Community Development Department. Comments must be received by 5 put....Au _. .. ousawere ot• the commission. The crmttrtision shall not consider by new inftl'malinn snhatillcd 1e..s than fifteen (15) dues prior 10 0 regular meeting date (PfaomiiV Zottitrg Bylaws amended Jun' 16, 2010). You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number ig 486 -3231. The Alaska toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the'case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. if you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: L'P� 1 i, a Mailing Address: Q c; r�iial^' f(374�0' .. lcA- S P--Z) Your property description: Comments. , 1 t IL] ) (] 1 Pt,S 4-65 Q 6.5 Q 4-6- &l (!1) (A 44 e g'4 1,9 ' - Pe-1 -,,T tr . a tti J4j L -411°1 t/- `e) s..i 1 1 rPa r 4- pecs.4-rp e-—r- 4 c ((0 u) (bt Y'Lc_a_b n 31 Q. , .(1_ d h �1 e._ be. Q (�l.e.er) Ac- p 1)6•� .6C� ( • f■_, CAL 46 • (kit . (e 1-ro C, I M 4-he e ere-) 5 ec oz.c -e . Qo:ct _ r+e) Q S 44 e hp[e cuj t' /-1-- {s pa. irtzi (eof h d ■a-)"A6 9. e_ ao1s a. t f t)(F-a i he___, a Vrt. peer- SQ t^' �r 46 t-ei C�)l+ C. 40 qu. 1vnU►1f 9 / J / . _ :t► ti n il ! !a , i`a 'Yi,'t 6 ` '1 1)...(4_,S u CA e (i • o_ctkeera 6 .rte.- • ,s lkikrd i CLA --mod dirt • Case No. 11 -003 Public Comment Page 61 of 93 , Public Hearing Item VI-C P&Z 18, 2010 Lcti- 43(14& res,'6,&1 -z7-& are adazi-71th- q3 (dzyji zuv/i . Case No. No. 11-003 Public Comment Page 60 of 93 Public Hearing Item VI-C P&Z 18, 2010 7 71 ----' .1-1, • ; _ _ , • , _ - 7 1":' 77' /1., 7,„3 • ;• I '..4. 7 ' 'Y ■••,- "•••-• VV. 11: :r....7e1-ir:%! . Clan:hers. 13av K;;;I:::,. :,:ska. iffle „Inc; :-...,:a:.comrIcr.1;., ;cis.. A KiB(... .•!, <.;.! ti.!r 0± ADD: Ire:11111Z.t:11. :is a use ih,11 is 11; .K1 :he Pc.-lro..c1,.:17. or -{c:fining • i I • ;:se th :ts uselyv 1- .r.ciusTFia: • 7, • VI•C;. • DEpiCtilf 11:c 01% ';'.' POMMUNITI ntft: • Ere.: p-ot• • 21 ;. 1:Thterial ....I .11 yacrVe. • ;;;: 11:1-.'3SC 4751/.13:).9-- gime&Lel 675 az,. 9j - or_eActfKL,Aa JALee yz;c, revidad-W fe I 'ocorkritimue-h ak s A h2 Case No. 11-003 Public Comment Page 59 of 93 Public Hearing Item VI-C P&Z 18, 2010 Case No. 11-003 Public Comment Page 58 of 93 Public Hearing Item VI -C P&Z Au ust 18, 2010 Panoramic view of the subject parcel from Sargent Creek Road near the dumpster pull out. Individual photographs panning from northwest to southeast. Case No 11 -003 Appendix 1 Page 1 of 4 Public Hearing Item VI -C P&Z August 18, 2010 Case No. 11 -003 Appendix 1 Page 2 of 4 Public Hearing Item VI -C P&Z August 18, 2010 At southeast end of property (Rezanof Drive West end) looking northeast. Case No. 11 -003 Appendix 1 Page 3 of 4 Public Hearing Item VI -C P&Z August 18, 2010 tolkS- \c/ Case No. 11.003 Appendix 1 Page 4 of 4 Public Hearing Item VI -C P&Z August 18, 2010 Panoramic view of Brechan Enterprises asphalt batch plant, permanently located on Block 3 of Tract A, Bells Flats Alaska Subdivision. Photos taken on July 14, 2010. tib Material intakes leading to rotary kiln mixing unit. Case No. 11 -003 Appendix 2 Page 1 of 2 Public Hearing Item VI -C P &Z Au. ust 18, 2010 Rotary kiln shown with storage tanks for asphalt emulsion in the foreground. Towers in background and additional storage tanks appear related to the asphalt batch and mixing plant. Case No 11 -003 Appendix 2 Page 2 of 2 icrTT E'� KODIAK ISLAND BORO H MUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearng Item VI -C VI 6' 4 ccommunussion. The commission shall not consider any new; information PUBLIC HEARING NOTICE COMMUNI CASE: APPLICANT: REQUEST: 1 LOCATION: ZONING: held on Wednesday, The meeting will begin at 7:30 p.m. in y Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Zonin Commission to hear comments if an on the followin _ re . uest: 11 -003 John Zbitnoff A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zoiie, - including Asphalt Batch and Mixing Plant, nuiacttarang or Refining (K18C 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. 465 Sargent Creek. Road I- Industrial This notice is being sent to you because our records indicate you area property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. C'annments must be received by 5 uuaust 3: 2010 to be considered by the ccommunussion. The commission shall not consider any new; information submitted less 'than fi teen' (15) days prior _to a 16, 2010). You Tay tax your comments to (907) 486 -9396. appropriate, public hearing section of the meeting. The telephone slumber is 1-800- 478 -5736. 11, 2010, a work session will be held at 7:30 p.m. in the material for the case. if you disagree with the Commission's decision on this rights, please feel free to call us at 486-9363. an 0 i O I a6 e e- ' WJ regular meeting date (Planning Zoning Bylaws amended June To testify via telephone, please call in your comments during the local call -in telephone number is 486 -3231. The Alaska toll, free One week prior to the regular meeting,. on Wednesday, August Kodiak Island Borough Conference Room ( #121), to review the packet Kodiak Island Borough Code provides you with specific appeal rights request. If you have any questions about the request or your appeal Your Name:dL 11_ 1!!/ �; �� - Matting Address: .A Your property description: 10 i Abel A.e tom+ i Comments ' ►r .....,_ ► v _ ii., i .A.. `if _ •...___' d • y t 11►.►. .. • A*. .tea._ • .f a i l: A. II t . AA a .� t• :1 nA... % A. an.* � � tot k ..h ( - 1 .' •� _ _ . L 4 is 4 - '. AA �.A • 'I II • A. ' -..41 _ 4 .40 '.E.m -� . _AI A- ..I -, _. a. • .•.� December 21, 2010 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Re: Case 11-003. Request a Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I-Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. (Case postponed from the September 30, 2010 regular meeting.) Our records indicate that you were sent a public hearing notice regarding this case, and this notice is to inform you of the time change of the meeting. Due to a large amount of public hearing cases the Planning & Zoning Commission decided to change the regular meeting time to begin at 5:30 p.m. on January 19, 2011 in the Assembly Chambers. One week prior to the regular meeting, on Wednesday, January 12, 2011 at 5:30 p.m. in the Borough Conference Room (#121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. This time change supersedes the previous time stated on the public hearing notice. We apologize for any inconvenience. Please contact the Community Development Department at 486-9363 if we can answer any outstanding questions or provide additional information. Sincerely, n COO- CrICZR Sheila Smith, Secretary Community Development Department KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item 7 -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, January 19, 2011. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: 11 -003 John Zbitnoff A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. (Case postponed from the September 30, 2010 regular meeting.) LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 um, January 4, 2011 to be considered by the commission. You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, January 12, 2011, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Mailing Address: l our property description: Comments: v A. P Request a Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the Current Location purpose of ADEC approved treatment, as a use that is similar in 465 Sargent Creek Rd. character and impact to permitted or conditional uses in the P & Z Case 11 -003 I- Industrial zone, including Asphalt Batch and Mixing Plant, John Zbitnoff Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. (Case postponed from the September 30, 2010 regular meeting.) inwlifir 41 ri, -1 viol !Virr• Vil ' It/ /14 ..- 41■1.4.1 eV W■40- )11 4W-- * *— 4tAt44. 6 ` ,, • ■ h _ li, 4.4_‘ 41:sIli P ‘41, 16. -- Ill .i.-At N -------- 11111‘0104...__ 1 01.1 ■04- 1 Af ,_ )lta lOir r 1.4 1 0�• iii )1t „A i Li „* k 0.4 7rg - Kodiak Island Borough GIS Legend Subject Parcel fi Q Notification Area N W f ` F 1. V 80( • 3, 1 1 _ 200 1_ 1 1 r I , This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. '41 UNITED STATES COAST GUARD P.O. BOX 5 KODIAK, AK 99619 STEELE PROPERTIES JEFF STEELE PO BOX 3369 HOMER, AK 99603 DALE RICE 10746 BELLS FLATS RD KODIAK, AK 99615 THOMAS DEMI 10928 BELLS FLATS ROAD KODIAK, AK 99615 JACK MCFARLAND PO BOX 2342 KODIAK, AK 99615 Womens Bay Community Council 538 Sargent Creek Road KODIAK, AK 99615 Scott Griffin 597 Sargent Creek Rd KODIAK, AK 99615 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK, AK 99615 K LIVESTOCK CO -OP P.O. BOX 273 KODIAK, AK 99615 KONIAG INC 194 ALIMAQ DR KODIAK, AK 99615 CHARLES SKINNER 10980 BELLS FLATS RD KODIAK, AK 99615 Womens Bay Service Area- Dave Heuman 883 Preston Lane KODIAK, AK 99615 Paul Whittle PO Box 933 KODIAK, AK 99615 Amanda Henderson 12906 Noch Drive KODIAK, AK 99615 BRECHAN ENTERPRISES INC P.O. BOX 1275 KODIAK, AK 99615 MARY MATHES P.O. BOX 2015 KODIAK, AK 99615 JANET WENTE 10826 BELLS FLATS RD KODIAK, AK 99615 DALE WILDE 11016 BELLS FLATS RD KODIAK, AK 99615 StateTskDept of Transportation & cQRE 414 PO Box 196900 Anchorage, AK 99519 -6900 Dave Conrad PO Box 2518 KODIAK, AK 99615 Jessica Horn 665 Sargent Creek Road KODIAK, AK 99615 John Isadore George Lee Zbitnoff John PO Box 33 171 Otter Ave. PO Box 8849 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ADF&G Jasha Zbitnoff 211 Mission Road 1731 Mission Road KODIAK, AK 99615 KODIAK, AK 99615 December 10, 2010 Mr. John Zbitnoff PO Box 8849 Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Re: Case 11-003. Request a Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I-Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. Dear Mr. Zbitnoff: Please be advised that the Kodiak Island Borough Planning and Zoning Commission have scheduled the postponed case referenced above for Public Hearing at their January 19, 2011 regular meeting. This meeting will begin at 7:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, January 12, 2011 at 7:30 p.m. in the Borough Conference Room (#121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486-9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, eCL Sheila Smith, Secretary Community Development Department October 7, 2010 Mr. John Zbitnoff PO Box 8849 Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak;us Re: Case 11 -003. Request a Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. Dear Mr. Zbitnoff: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on September 30, 2010, postponed action on the case referenced above until their January 19, 2010 regular meeting. If you have any questions regarding the Commission's actions please contact the Community Development Department at 496 -9363. Sincerely, Sheila Smith Secretary CC: Jasha Zbitnoff 17.195.050 A.5. That actions of the applicant did not cause special conditions or ancial hardship from which relief is being sought by the variance. The a by varia property o minimal in natu ons of the applicant have not caused the conditions for which relief is being ught e. The "miscue" is a result of sub-contractor error. Actions undertak by the ers to address the unfortunate error are timely, and the relie sought is 17.195.050 A.6. at the granting of the variance will not p land use in the district i olved. The proposed single-family re ence will maintain the patter established on the abutting lots (east and west) and is a perm d land use in this zon g district. VOICE VOTE ON MOTION CARRIED UN IMOUSLY B) Case 11-002. Request a Zoning Map cement, according to KIBC 17.30.040 that states when the existing zoning ma aged,liestroyed or becomes difficult to interpret" it may be replaced by t adoption o eplacement zoning map. A new zoning map has been create using the Kodia Island Borough-Geographic Information System (KIB-GI as a replacement for t existing AutoCAD based zoning map. The applica the Kodiak Island Borough/ munity Development Department. Dvorak gave a staff eport stating no public hearing notices were sent out d the purpose of the replace t zoning map is about the zoning part of it. The AutoCAD p has been difficult to erpret and can no longer be maintained due to changed technology. COM SIONER TORRES MOVED to recommend to the borough assembly the adop on of a zoning map. ief discussion. t a prohibited VOICE VOTE ON MOTION CARRIED UNANIMOUSLY C) Case 11-003. Request a Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I-Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. The applicant is John Zbitnoff. The location is 465 Sargent Creek Road and the zoning is I-Industrial. Dvorak stated 10 public hearing notices were sent out and more than 3 dozen responses were received opposing the request. In addition to 2 petitions, he counted 2 favorable responses. Staff reviewed this case and had recommended approval of the Similar Use however the Conditional Use would come back to the commission in the future given this was a non-specific request. Staff couldn't review a Conditional Use permit without a detailed site plan. The petitioner has requested postponement until January. New information has come that the property has turned to a new use, log storage, that hasn't 9/30/2010 Page 3 of 6 Planning & Zoning Minutes been permitted or reviewed and there maybe a need for a screening review. An after the fact application for a screening review. COMMISSIONER WATKINS MOVED to postpone Case 11 -003 until the January 2011 regular meeting of the Planning & Zoning Commission. The public hearing was opened & closed: Testimony opposing the request was given by Diane Doucette Cooney, Marie Rice, Joe Cornelius, Jessica Horn, Nancy Kracke, and Dale Rice. Favorable testimony was given by Jasha Zbitnoff. Brief discussion. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY D) Case S09 -005. Request an extension of preliminary approval of the subdivision Lot 3, Kalsin Bay Estates creating Lots 3A through 3E, Kalsin Bay Estates./The e applicant is Wayne Sargent and the agent is Grant Shields. The location is Kal in Bay Estates, Lot 3 and it is zoned C- Conservation. D • rak reported 8 public hearing notices were sent out and no responses • re returned. This se has been approved by the commission twice in preliminary stat :. The petitioner has ha • ome difficulty meeting some of the conditions of approval . -cause it involves dealing wi state agencies so they have requested an extension of ' me to complete the process. Staf -commends granting this request. COMMISSIONER RRES MOVED to grant an extension of eliminary approval of the subdivision of Lot 3, lsin Bay Estates creating Lots 3A thro gh 3E, Kalsin Bay Estates, per Kodiak Island Borough de 16.40.060 F, subject to two ) conditions of approval, and to adopt the findings containe • 'n the staff report dated gust 27, 2010 as "Findings of Fact" for Case S09 -005. The public hearing was opened & c • . ed: There w. s no testimony given. Brief discussion. CONDITIONS OF APPROVAL 1. This time extension of the prelimin plat ap • oval procedure shall be effective for 24 months following the Commissi • 's decision. 2. Conditions of Approval attac ► ed to the original pre . inary plat approval on October 15, 2008, shall remain in fu- force and effect. 3. The subdivider shall su r�iit the final plat for Commission a r royal prior to recording. FINDINGS OF FACT 1. The applicant mitted the required request for a time extension i . timely manner. 2. The applica ► has not engaged in undue delay in meeting the Conditio of Approval originall attached to the preliminary approval granted October 15, 2008. VOICE V s E ON MOTION CARRIED UNANIMOUSLY E) Ca : e 11 -004. Request a Variance, according to KIBC 17.66.020 (Variances), o allo, a residential scale wind turbine tower to exceed the 50 foot height limitation 9/30/2010 Page 4 of 6 Planning & Zoning Minutes Public Hearing Item VI -C Case No 11 -003 Introduction Page 1 of 4 Request: A KIBC 17.15.090.A, Current Location petroleum contaminated `P & Z Case # 11 -003 approved treatment John Zbitnoff permitted Asphalt or Refining Use or Flammable -4111‘ 4.....4.0 - . , 1]] St • . .1t ■• , • of ,4:1 _, _,,, „.01.4. .. v, ,, 4,...i. , ' .. *- „,,. k' tt . -, 4;600, ■161\ . % r �i similar use c nation, according to allow the storage soil for the purpose as a use similar in character Batch and Mixing Plant, Manufacturing or as a conditional use such as Liquid Production, Refining or , h. ......_ Alger o of of ADE to a Petroleu Storag _ __ ,.„..!......... d , mow... . 4. Kodiak Island Borough GIS System ■ I °� ►i s 295 590 t.1 50 1,770 2.300 ee: This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a properly within the Kodiak Island Borough This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907)486-9333. Case No 11 -003 Introduction Page 1 of 4 Public Hearing Item VI -C P8Z August 18, 2010 \Olt Sat ezP Case No. 11-003 Introduction Page 2 of 4 4 Public Hearing Item VI -C P &Z Auaust 18. 201 Case No 11 -003 Introduction Page 3 of 4 Kodiak Island Borough Zoning Map Community Development Department , NW Request: A similar use determination, according to Lrent ur Zoning KIBC 17.15.090.A, to allow the storage of Z Case # 11 -U�3 petroleum contaminated soil for the purpose of ADEC approved treatment as a use similar in character to a, • nt: John Zbitnoff permitted Asphalt Batch and Mixing Plant, Manufacturin or Refining Use or as a conditional use such as Petroleum or Flammable Liquid Production, Refining or Storage. �'�� ,� s t 490 980 r r r 1 r r ,.. Feet 111( � e I I 11111.. i 1\ IIIIIIP- IIII Or li III / 100,,411)0„/„ 1404( ippl #1. lIPP Zoning Legend Business Light Industrial Single Family Residential 1 Retail Business Rural Residential 2 Conservation Mill Natural Use Two Family Residential Rural Residential = Split Lot Zone Industrial Public Use Multi Family Residential �� Y ''' Rural Residential 1 This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at 1907) 486 -9333. Case No 11 -003 Introduction Page 3 of 4 Public Hearing Item VI -C P&Z August 18, 2010 tx.c% \v- sc) skst \fre Qa Case No. 11 -003 Introduction Page 4 of 4 Bud Cassidy Public Hearing Item VI-C P&Z August 18, 2010 From: Duane Dvorak Sent: Monday, June 21, 2010 8:08 AM To: Bud Cassidy Subject: RE: Used of Industrial Land in Womens Bay, for" EF (Soil Rethediation) That was the gist of the similar use determination for the Brechan property way back when. That was approved by staff but now all similar use determinations must go to the P&Z Commission. So while I think the rationale is still valid, only the commission can say for sure what they would accept --Duane From: Bud Cassidy Sent: Sunday, June 20, 2010 6:12 PM To: Duane Dvorak; Martin Lydick Subject Used of Industrial Land in Womens Bay for EF (Soil Remediation) Double checking with you . . The use of industrial zoned property (at the entrance of Bells flats Subdivision) for remediating the soil nowstored at the high school would require a similar use determination . maybe similar in use and character as KIBC 17.105.010 Permitted Uses - Asphalt batch and mixing plant, manufacturing or refining or KIBC 17,105.020 Conditional uses Petroleum or flammable liquid production, refining or storage.. Would you agree? We have an owner (Zbitnoff) that might be working with Woody. Thanks 1 Case No. 11-003 Application Page 5 of 6 4cr ' a .a... a• • . >a ..rao•cc -• ?• A. e. r eo• L• NT,ip 8R/N6' ors YSxY . r..: 4100 • 4Tipacs • Wa4994'44VAi •• M.a• fral•..rr•• .. ,apa.p.Wl'rar, Oyy try LtiM.. &.'-tr7 • turn at:v'� °..t1.b..cr,e.Oa 4Y•, •r �vY•2 • cvyv Rvav 04(4,4k I12e0/ cieGtr•vQ(0 - O -• t fs rtl . GPP .:t tlfaO,.9(+Ogo� 15.••enwr6nq, . 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P'• +. /V : JADE a.•� O I7:: 1% AP QO1' M.'5, ati•5, M6 S7 7� l :Y,q, ' : SALE KODIAK Ise-WARM 710 ti L BAY RD KODIAK. AK 996156340 T1D: 00000382163 TINE: 11;35 AN DATE: 07/0140 MERCHANT P ; 329161011997 VISA VS xontoonx1834 INVOICE: 0000078005 APPROVAL CODE:03654C 5E0: 004 TOTAL MOUNT $150.00 ZB1TN0FF/JOCELVN L OSTMEWCOPY Kodiak Island Borough 710 Mill Bay Rd. Kodiak, AK 99615 ACT A PLAT 81,8 RECEIPT DESCRIPTION )ther or Miscellaneous ,PPEARANCE REQUEST vpe Detail harge M Amount. $150.00 Public 1-09Wara-C P&Z Au 1154120FYY• 01 1-00000001 RECEIPT NO. 2011-00000004 CASHIER Teresa Medina TRANSACTION AMOUNT $150.00 Printed by: Teresa Medina Total Amount: $150.00 Case NRage031Afttcgtion Page 2 of 6 07/01/2010 11:35:45 AM Public Hearing Item VI -C KODIAK ISLAND BOROUGH - COMMUNITY DEVELOPMENT DEFAMIFENT 710 Mill Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 486 -9396 www.kib.co.kodiak.ak.us Applicant Information Property owner's name Property owner's mailing address o a'3O x 88'f 9 City -'' ll State Home phone Work Phone 6,6- 44 -j7j S Agent's name (If applicable) Zip E -mail Addr. Agent's mailing address City State Zip Home phone Work Phone E -mail Addr. Property Information r. • ck, Property ID Number /s or I RALT f i Legal Description P i -r `rte 1 -' Current Zoning: 7-/l.) /J J S'T2/ 4 t_ Applicable Comprehensive Plan: Year of Plan adoption: Present Use of Property: Proposed Use of Property: se I _ )3-L- re. vv. Le tai c flr� �r.•+� /�/ / `7, /d . Or'd le) 6r /7- /o dro Cr-) (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification 1 hereby certify as the property owner /authorized agent that this application for Planning and Zoning Commission review is true and complete to the best of my knowledge and that it is submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plan for variance and conditional use requests and which may include optional supporting documentation as indicated below. Additional Narrative/History p /■l &) 2S /" to Property Owner's Signature A development plan for one or more Tots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, ©1993 by Rutgers University) As -built Survey Photographs Maps Other 3 ©J Jnv 13 Date Authorized Agent's Signature Date Code Section(s) Involved: STAFF USE ONLY f7 rS= Of C t) Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KIBC 17.67.020.B) $250.00 Other (appearance requests, site plan review, etc. Zoning change from to (KIBC 1 Appl' tionfeceived by: PAYMENT VERIFICATION Staff signature JUL ' -120 Kodiak Island Bor ugh Finance Department Case No. 11 -003 Application Page 1 of 6 I - 00 John Zbitnoff P.O. 8849 Kodiak, AK 99615 Community Development Department and Planning and Zoning Commissioners: l am requesting a postponement of my case until the January meeting of the commission. This summer and fall is finding us too busy and we will be out of town until after the first of the year. Should you have any questions call me. Thanks for your consideration John Zbitnoff Zbitnoff / °2,6/i ECEfiVE -011 AUG 10 2010 .12 COMMUNITI DEVELOPMENT DEPAR11ENT Public Hearing Item VI -C P &Z 18. 2010 Case No. 11 -003 Public Comment Page 1 of 93 Request a Similar Use Determination, according to KIBC 17.1 , Current Location 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar i 465 Sargent Creek Rd. character and impact to permitted or conditional uses in th • P & Z Case # 11 -003 I-Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum John Zbitnoff Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional u permit (CUP) review if approved as a similar use by the commissio Dna i A /1,', iiireir • * , iii. '.4 0 tlf..,4,st ■ • Ore"-1:40' io-,,,, 4 **4.-iiiv„, 1 Iir gift" Nt."4* 41. ilk.) IL 1, "tdo, 4t .:: 4 wiAlis e)• Nli) 4. 1111, d ---- -- ie I 0 ti • ) ' its 4 Illt ' 10 ' '4 I Oif• a' ; AI *ft 44 44 , 014 4**** .. � "'. s, r - Kodiak Island Borough GIS Legend w «r r4� F. Subject Parcel 0 900 1.800 3.600 reel Notification Area This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (9071486-9333. Case No. 11 -003 Public Comment Page 1 of 93 Public Hearing Item VI -C P&Z August 16, 2010 Case No. 11 -003 Application Page 6 of 6 UNITED STATES COAST GUARD P0. BOX 5 KODIAK, AK 99619 STEELE PROPERTIES JEFF STEP]. F PO BOX 3369 HOMER, AK 99603 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK, AK 99615 K LIVESTOCK CO -OP, P.O. BOX 273 KODIAK, AK 99615 } Public Hearing Item VI -C P &Z 18, 2010 BRECHAN ENTERPRISES INC P.O. BOX 1275 KODIAK, AK 99615 MARY MATHES P.O. BOX 2015 KODIAK, AK 99615 DALE RICE KONIAG INC JANET WENTE 10746 BELLS FLATS RD 194 ALIMAQ DR 10826 BELLS FLATS RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 THOMAS DEMI PAUL WHITTLE DALE WILDE 10928 BELLS FLATS ROAD P.O. BOX 933 11016 BELLS FLATS RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JACK MCFARLAND Dave Conrad Scott Griffin PO BOX 2342 PO Box 2518 597 Sargent Creek Rd KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 Amanda Henderson 12906 Noch Drive KODIAK, AK 99615 John Isadore PO Box 33 KODIAK, AK 99615 JOHN ZBITNOFF PO BOX 8849 KODIAK, AK 99615 Dave Heurnan 883 Preston Cane KODIAK, AK 99615 George Lee 171 Otter Avenue KODIAK, AK 99615 ADF&G 211 MISSION ROAD KODIAK, AK 99615 WOMENS BAY COMtv1UNIV Jascita Zbitnoff COUNCIL I 1731 Mission Rd. 538 SARGENT CREEK RD Kodiak,, AK 99615 KODIAK, AK99615 Jessica Hom 665 Sargent Creek Road KODIAK, AK 99615 Dale Rice 538 Sargent Creek Road KODIAK, AK 99615 STATE OF ALASKA DEPT. OF TRANSPORTATION &r PF- PLANNING SCTN. PO BOX 196900 ANCHORAGE AK 995196900 Case No. 11 -003 Public Comment Page 2 of 93 Ut. 23 2010Ci Public Hearing Item VI-C P&Z 18, 2010 • KODIAK ISLAND BOROUGII . UNITY DEVELOPMENT DEPARTMENT 710 Mill:Bay Road. Kodiak, Alaska 99615 Public Hearin* Item V1-C C0MMLU1Y 00.0PNIENTOEP 13 IC I.RINQ. NOTIC • : . - A public .bearing will be iteld.On..W.edgesday,AtiguSt 18,2019. The nieetingWill begin at 7:30 p.m. in the Bonaugb.Asseiribly Cltarribers;-.719 Mill 14):". ICOdialc...: Alaska, before the Ko.tliak lsland Borough Planning and Zoning Conimissiori, to hcarcotilinents if any,.'on-the following request: • CASE:, 11-001 APPLICANT: John Zbitnotr REQUEST: A Similat: Use Determination, according to KIBC 17 15 090A to allow the storage of petroleum contaminated soil for the purpose of ADEC -approved treatment, as a.Use that is similar in character and impact to permitted or conditional uses hi:the I-Industrial zone, including Asphalt Bath and Mixing Plant, Manufacturing or .Refining (KIBC-. 17:165.010C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.620.F), the latter use would also require a conditional :use permit (CUP) : review if approved as a similar use by thecotronission. LOCATION: 465 Sargent Creek Road ZONING: • "." : : This notice is being Scat to you because Our records indicate you are a property owner/interested party in the area of the • raptcgt, If you do not wish to testify verbally. you may provide, your corntrttntS in the space below oi in a letter to the community Development bepartment Comments 111115i be received ti: 5 loft, Attu ct 3,.2010 to be concidercti hv'the commission.- 711ecommission shall not C•onsider any mar infortuntion submitted less than fifteen (15) days prior to' a re,gular IneCiillg (14111.' (Planning Zoning Bylaws amended June 16; 2010). You may fax your comMents to (07) 4R6.9396. To testify. *W.I.-telephone, please call in your comment s during the appropriate public hearing-sectiOn.of the'roceting. The local call4 telephone number is 486.32317 The Alaska•tollitee telephone numberls i4100-478-57,36. ':.,1, . • -. ' • ...-. • One :Week prior to the regular: Meeting on Wednesday: August 1 1.:2010,a work; Session wilt be held at 730 .p.th: in the IcOdiak`ISland Borough Corifemaceitoerit 011211 to review the packet material for theease. ..- ..•"- , - . • Kodiak Island Borough .Code provide you with specific appeal rights if you disagree with. the COminisSion's decisiqn.on this request,if You haye:any questions about the request or your appeal rights. Please feel _free to call us at 46-9363:. . yeurNa!MITeSS(cer_..i: gOi-Y1 ' ' " : - --- SlaitiniAitit,4;si 667,55iiier4- areek Win- prOkrty desciiption: • Sat5Piri, Cripk. 5tAb 1,-,1-,' " - .. ' ,' . • , • ,, ' . •eoiairiciasi . .: tk(S. ca 14.i; iti )11:(65: it..i5f: ;.,i.;-04.: :44's .r6 /1(!f ‘-4:trir.).-' -AC -1 (.. . .. . .0 ,. . ,.. .. . . . . • . •, •-oe:-.cot.„7,0 ..:i2.4. :i.orkk. \A :Vie, .iet.-14-11,.1112: g.,-- .4-1,;. No,,,?,-18,, . Als: ,■t.f,,,:, . . con4.6.,A;;,,,k- 4.ir,.. ,kb V-le:s A-11.;.N.X - In ck. • 0-PS'tjervit.i.0' -..(1,ritt.-- ,3Vt.‹.: - ...- . Ye: . '4 io6 - 7 ,6't i- Co Ai is: teyi A -ciitii,,:r,..C4... )0..:4-).a. :),-,,,,.4. .,5l .Aki:, . '.,. .,, uv" _ - A If.A. cg;) Kels; A...krikii; -I-ttii.. A.:14/(1,6 C't -4,..:,.9;(f .C,..r " k. CVO 4... • • i. . Cl,,1-- And - - — '-1".e. ivOrri -- a_ ntka. . - . ik 1:s.it rIet3h6rN , leA i.L o 0;:er- 16A.A. f,,,,A i,,,,„-pr g: klA ',IA., i`,.t-,‘,c,%,,%5. • • .,. . ) . .. . . ...' . . . ... . . • . . . . . .....,r 74.4, - JAN.A A04,, Ili. 41i.' ... uP%. r: Y . . . . . . . . . . . . .. . . - - :. - • .. ' • - . , _ . . . ' • - , . .. . . . ... ., . Case No. 11-003 Public Comment Page 3 of 93 Public Hearing Item VI-C P&Z 18, 2010 Case No. 11-003 Public Comment Page 4 of 93 Public Hearing Item VI -C P &Z 18, 2010 KWMAK IISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak. Alaska 99615 Public Hearing Item VI-C PUBLIC HEARING NO ICE A public hearing will be held on Wednesday, August 18, 2010, The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers. 7]0 Mill Bay Road, Kodiak. Alaska. before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: T ]1 -003 APPLICANT: John Zhitnoff Determination, according to KIBC 17.15, 090.A. to allow the storage of arninated soil for the purpose of ADEC approved treatment, as a use that character and impact to permitted or conditional uses in the 1- Industrial ing Asphalt Batch and Mixing Plant. Manufacturing or Refining (KIBC C) or. Petroleum or Flammable Liquid Production, Relining or Storage 17. 05.020.F), the latter use would also require a conditional use permit (CUP) proved as a similar use by the cotnrnission. Creek Road COMMUNITY DEVELOPMENTPA'flYMtf L ZONING: This notice is being sent to you because our records indicate you are a properly owner'interested party in the area of the request. If you do not wish to testily verbally. you may provide your comments in the space below or in a letter to the Community Development Department. Comments must he received by 5 pm. August 3. 2IHit to he considered by the commission. The rnmillk.iiun scull nvt consider any new information uchrai:rrd less than fifteen (15) Jot's prior to a regular mrrrdtt; darn (Planning Zoning Bylaws amended June 10..2010. You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1 -800- 478 -5736. One week prior to the regular meeting, on Wednesday. August 11. 2010. a work session will he held at 7:30 p.m. in the Kodiak Island Borough Conference Room (1121). to review the packet material for the case. Kodiak island Borough Code provides you with specific appeal rights il'you disagree with the Commission's decision on this request. If'you have any q {ueesti)onss about the request or your appeal rights. please feel fret to call us at 486 -9363. Your Name: - t5 .. t 1 Ri .� lliilinng Address: ) I I U G j d r {`-‘ eq. y C , 11. -z.' C4- F. re-e-1----^t- Your property description: h - f.A-te- (C ... s..t. ,, ri r .d�'"--. (Arc. c. r (c...� comments: 7 A e n t `s i w r� ...:-..2 z.-... i 1. 7r^ c (9 '1 Y'/) i (.-L..) I-" 1.0./4 ) po__P_ 1... -Cl,t --r -r, (7 P1-� 1/7--- 64 v! ' Lo'i cr Case No. 11 -003 Public Comment Page 5 of 93 Thi intent Lef Public Hearing Item VI-C P&Z 18, 2010 a ank Case No. 11-003 Public Comment Page 6 of 93 ECELIVE CO AUG -3 2010 Public Hearing Item VI -C P &Z 18, 2010 KODIAK ISLAND BOROUGH ITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C UI: LIC HEARING NOTICE COMMUNITY UEVELOPMENT DEPART ME -- A`-F eartn e eld on Wednesday, August 18 , 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 11 -003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (K1BC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent request. If you do not wish Community Development cQlnnmiSSloll. The commission to you because our records indicate you are a property owner /interested party in the area of the to testify verbally, you may provide your comments in the space below or in a letter to the Department. Comments must be received by 5 pm, August 3, 2010 to be considered by the shall not consider any Hero information submitted less than (15) days prior to a to (907) 486 -9396. of the meeting. The held at 7:30 p.m. in the decision on this 486 - 9363. .fifteen regular meeting dale (planning Zoning Jiylales amended .frnre .16, 201). You may fax your comments To testify via telephone, please call in your comments during the appropriate public hearing section local call -in telephone number is 486 -3231. The Alaska toll free telephone number Is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's request. If you ha any q sti ns bout the request or your appeal rights, please feel free to call us at Your Name: Nil in / 6 �%_ P? ' Mailing Address: ,2 '',g/ Se./ p Your property desert tion: r Comments: A / 5 4 —+,,a' zt' 1 ev-1 /,' ...ve ' G't S4/.�1 C ll i- '•s4yJ ��s 7— A e Pte— 0GL / /4'5 S Rile /oeger-7 r Case No. 11 -003 Public Comment Page 7 of 93 Inte f Public Hearing Item VI -C P &Z 18, 2010 Case No. 11 -003 Public Comment Page 8 of 93 Public Hearing Item VI -C P &Z 18, 2010 Dear Whomever I know you can't count these as written statements exactly but since I kept them for 7 yrs I thought you could at the very least take into account all the people who helped us in our effort to keep our families safe and our property values intact. These are the signature sheets from the Brechan dirt burning fiasco. Submitted by Rose Cobis 1 1 V E AUG -3 2010 COMMUNITY DEVE ENT DEPARTMENT 8/3/2010 Case No. 11-003 Public Comment Page 9 of 93 Public Hearing Item VI-C P&Z 18, 2010 WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated aoll remediadon site in our residential neighborhood as well as ehe faulty decision making process that led to this situation. NAME ADDRESS Pa ■A.Y17.4 nat./ AM: it /1/121 PHONE # c'o • 5-11 Jr1- `-t oO 41/6 11,„wo -,(kWAf-t-7 - L'/ 01/4. 4.4g_Xnteu, /29, CC// /e447L _Ntdeo 044. 4irg 43-C/ 7070 48 CI, 35-7,E) Oci 51g,-2Gfly vi63 1- itte0-1 7 (Lk. LOc OP4/410 /,,00ce 3c4 ric ( / ( Irovinarmart / i /SL.J r1, oc. e ,.... ,milriawmpA.K1 • a at • PMBINal. W r r_..r. I 0" A..., .. r` ....=:21 I r, :' , i 1.( 4-- 0 ' Al WI iir jaill,' -A 4. f a d-•• A4 Case No. 11-003 Public Comment Page 10 of 93 Public Hearing Item VI -C P &Z 18, 2010 32- WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediation site in our residential neighborhood as well as the faulty decision making process that led to this situation. -NAME ADDRESS PRONE # 7-- c 9Yj ce S7- Z 1137/ S ku-s <LaC' rd 11497- 143‘, e.r rG 1/3`7 / S. to s to r,4 /lnr, Lac ( rhim r l/D 5 eske (9v 10,1 -er • //223. t 77/00.x, { ` i fe.dre- Po rj7 �oie 2-?7 73Y caiitat, C. l�v /c2 (l/ Pp. I./A7 -/936 432 -qZ7 47T7- 4575 f87- 2/03 - S- 2zL• 147-:iaL1 l4` cp. i SSi 8r 9e Lin-1110 fc-7_ y3G 9 -7 ��• p- �I! Case No. 11 -003 Public Comment Page 11 of 93 Public Hearing Item VI -C P &Z 18, 2010 -3 2- WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediation site in our residential neighborhood as well as the faulty decision making process that led to this situation. NAME ADDRESS T�oxe.il IZ.i(7 Nod f- PHONE # '7 -2,1,3 7? ? Se, _LI 31S 3. ° ,. d' t. 7— 5L/ 5 110 i'?'(4 511 ^,( (J7i LI/ L. I t) £LJht =� 607,44k..6 /.tit: KGirc,n m;lls(e - 4 47'D on. !. YL' � 'c - ~1 5 S- ( I c ox 3te7 gLI S a r a e. n t Oita. _ 0 - ) - ,),r,)I:� '��7- 3(1 1.238'7 (vk. %_C( i/'7- X34: '7S Sa<1e4, ex 42- 7-51wit 4 ?7 -�;1_ t4 t -03(05 46b- aa'a3 1 11S110 7 -(1515 A-) or- .L 0_1, It 2-4i, IL,ci1Sk., 11)-'4 Kass; n "br. 49 3 5 ffi+ d...4fl t. 1,2942- AJ1C/I J�2. €2.3 Erg( 'r - cJwA'- d (J • (GO r;sc1 , ) 3ao(a N DLit d. , lip ' 13 / Acx35 ieays:Qii e-. 19 SQ, 907"ii/7 .2.5t Case No. 11 -003 Public Comment Page 12 of 93 Public Hearing Item VI -C P &Z 18, 2010 /V o tV-2 c v< WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediation site in 'al neighborhood NAME ADDRESS 60odd1( )ll(Y S. R+cSSI'ah Crh. Lk s P--.J�'(-3-)'-■ l 2-g/ A/ ( 4l „ A PHONE # 4 7 rllg7D -3 • Cv lc q e /S" %_ 2( YS`� Y5r75 J-> Qom► f CPL$ go✓IGt,4h4a Cr rC/P� nn. 4((I ( A/13 A<< (11AAAJ 19-‘SiVgl &Srb>J Ck-f -& cc . 6 I ocfo ee,.... sFu s (.J 17 22 2 Ai crf n,244,44400 of Li An doni1 Sc h f fa. Pic (as /RQ /NUlW,/,e. /Q? Pr 6 Box 12 cm6 6 V33 11 \0 r lock 11 g F 624 9 '2?-7 a 6 � .D\ (5?\ 5D- ztk -1 Pc) Box 10?07 436 ovc o -c 7 /44 (lock 't. / /o /s /.f15i i4s Rey Case No. 11 -003 Public Comment Page 13 of 93 Public Hearing Item VI -C P &Z 18, 2010 WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediation site in our residential neighborhood as well as the faulty decision making process that led to this situation. i t 13 (►.. �6)4 y06-`4 /1_22 i� Fey son %�aX 23Y �= 2z� GQ e 4/., l /S4z fonsw aat "7 -‘0Z1 14/C - /9 AleAL Po box 3,o4 Keb.M < a- 36 a 7 ivJ iIgq , N%r/lrh. . qza , / / /ice 0 /"/ 7 ,&;' , Case No. 11 -003 Public Comment Page 14 of 93 Public Hearing Item VI -C P &Z 18, 2010 WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediation site in our residential neighborhood as well as the faulty decision making process that led to this situation. AME ete (,),„ ADDRESS PHONE # .r4i ` �r EP z1lc/ re‘- 2itcc `7 - Yv 2 `1— /F. 510 3Y.3 it- CiSizatV %( r3JS•T— yYri.1lcM) 2_ Z o C. a sn_co Lie e ". • as • 1r:T� :iftfPA, 24.0 Pr •ev s� K ren) Wink Amick • iZ7rq .J6 1E79 $. I414 fk. }r� q -22. '99# 7-y�3' 7�aa Case No. 11 -003 Public Comment Page 15 of 93 Public Hearing Item VI -C P &Z 18, 2010 WE THE PEOPLE, of the Kodiak Island Borough protestthe operation and location of a contaminated soil remediation site in our residential neighborhood as well as the faulty decision making process that led to this situation. NAME j /1 ADDRESS P 131) CA 83 rog dg _ i� ,r�0 3-47_0/ + } hGi' ' 0 .(.d�r1z ) '1 sass S 2s PHONE # 124 (7 - 5 7 $ ea3_. z z_.. - LFsg',-,j C3 19 Case No. 11 -003 Public Comment Page 16 of 93 Public Hearing Rem VI -C P &Z 18, 2010 WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediation site in our residential neighborhood as well as the faulty decision making process that led to this situation. NAME ADDRESS PHONE # �� /2 —i ' CvMhi sx.,,, ,Bax L/ i 1Js'13 .M�d 1L Lys A . ys q. - .17 Jb� CTr.�t� �.2,-p<, p P,� k Sa 1,216 z /2illl �� .Dr •9'i1' -'4 / t t -1 754° �� ejdq Jqd Y4-, k) c ),,. V _ z.3 r_, v 7' Z r z, 4 /Le /07ce.G tic zk , x74( 75 '7. 4 -1 " 2 5 5--, aa) Via-SOY 117.54 AVM) g- fro-50A203Y') `fK7- "37dU 1— 4.l1d�soh lIay2 ka(SiK i 4/87- a3(05- ITA1ft. ♦kin, tJ( P©BDXt'ic, [ta35- ©AIc ) (4e1-2_333 '1u"S / IPPV`f o 7- 3`h 1113'1 , ttNAc boy DMZ Ve7 -?7°o '' /(/ / 7 OSiliCr 11131 Lake 19.(1) _0 irck c(�'.'7-/ o7 t- ✓!fi ---T k.-..:..,,-, A`f`f.c.�y sc-, , 0 --47. \. n Lim-I - IM'7 v C 7S I +6 7 • S Case No. 11 -003 Public Comment Page 17 of 93 Public Hearing Item VI -C P &Z 18, 2010 WE THE PEOPLE, of the. Kodiak island Borough protest the operation and location of a contaminated soil remediation site in our residential neighborhood as well as the faulty derision making process that led to this situation. IaS89 eliz7i�c It 3 ip W'OM FAfc f417-VT/ , £/ 7- ' 9° i12,0 Vic_.. a - r' '1o4 _ c o u-k Z4 ' -Yozs e /',S 1�fi s6294 22- «J 5 Case No. 11 -003 Public Comment Page 18 of 93 li \ -.) Public Hearing Item VI -C P &Z 18, 2010 WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediation site in our residential neighborhood as well as the faulty decision making process that led to this situation. 3 C vi S 45 G t ��- 4eg7 —sr3Py . ( 6r x,338 ,s ff7 9 ')7 ,-e.. t e..L i-11 . © 0.-1q „ -t q. ii+ ? —.2-6. e, 'r it 160 �7rv.ei Sig f .•rs G w- Li 0 ! r. i Case No. 11 -003 Public Comment Page 19 of 93 Public Hearing Item VI-C P&Z 18, 2010 WE THE PEOPLE, of the Kodiak bland Borough protest the operatio and location of a contaminated soil remediadon site in our residential neighborhood as well as the faulty decision maldng process that led to this situatkin. NAME ADDRESS PHONE # to a- la?)62(i Qunq.p, t‘otip ..17-st.04 oat Ajscite A 4ta Ri9 1 &h) Qt y. 2.X410 Srs s Case No. 11-003 Public Comment Page 20 of 93 Public Hearing Item VI-C P&Z 18, 2010 • WE THE PEOPLE, of the Kodiak bland Borough protest the operatioo and location of a contaminated sell remedied'so site in our residential neighborhood as well as the faulty derision waidos process that led to this situatidn, PHONE iti`P Arol,1aset- (2-114 V211/& /1y(161 11b4l Ltcpries. 1v —t t—ti 0 p y Dr' I ve (<6_, A At 2..d• hr A .411111MCIVAMMP -tr LA- ') 4 2 • 21/D „i..5 F64717 Fig C.0,601c, r '107 &1 t1-72- 747/ept j/q-- 72 S: fr.:42,•- itfLf / (1,s- Kok/el j-0 Case No. 11-003 Public Comment Page 21 of 93 a. •Public Hearing Item VI-C P&Z 18, 2010 WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a conhuninated son remodiation site in our residential neighborhood as well ai tbe faulty decision making process that led to this situati62. ADDRESS PHONE N WC, LbJ • .-46\ 44'0 /1/065, kuspit,-, c/-‹ _ k PA% irC. LX 1Q P h S Al- cr- :41 ROK.25E-'- 2i 2. AN 1*, tartpv6 a.. • Tp 4 e 1 ir C /Pt 4;1 44 ,, /3. 4424,1:g, I 5: Arerx,„ r--- 4 A 3.4.„4Z., _ 1 11 «4t/ Love," If 41 il '1 -r 111111 Case No. 11-003 Public Comment Page 22 of 93 WE THE PEOPLE, of tie Kodiak and location of a bontanih atad sea neighborhood a$ won as the f$Mky this sitostiao. NAME Public Hearing Item VI -C P &Z 18, 2010 Protest the Operation tlit in our r $ide>�tial Pis that led to PHONE M SWIM a 0 7 . v. imsrmagigt vomit or ref -2 ?G'7 IMMIIIMMINIMMar 7;' e4/ } WIRRIWIENNITM t" . .. '�o. f. { a • .,`. 'Or . . .i l/ n��r1Ama��r�� i k• ,..,... /MM. 91�- ham! iffiraN4PreieffiagE~ ., -' .1 i LI 1 t. yr At I are t •A r:w Case No. 11 -003 Public Comment Page 23 of 93 Public Hearing Item VI-C P&Z 18, 2010 a Case No. 11-003 Public Comment Page 24ofS3 IAUG - COiM j ""'nAUNITY DEVELOPMENT D • .. ODIAK ISLAND BOROUGH TY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 T -r' Public Hearing Item VI -C P &Z 18, 2010 Public Hearing Item VI -C IC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: 11 -003 John Zbitnoff A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments must be received by 5 pm, August 3, 2010 to be considered by the commission. The commission shall not consider any new information submitted less than fifteen (15) days prior to a regular meeting date (Planning Zoning Bylaws amended June 16, 2010). You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel [free to call us at 486 -9363. Your Name: D icu' z Doucette. e. <L0611.1t Mailing Address: Ia M k W&.. P3a-:.J D n v-c. property description: Y'e-S i " "_l J Cte Comments: T. -iir,ci 1-t- Gi reficv 1 t -lam Cc.:rtimo+. -t- Dv, t uo rha- a.'v Gi.0 r., i t:/,...,_ �Q p,U(c_ r,6 - 1- j-i..., . J 4a.,-... ,ti,,.- • We rvu.<. &c ? l�,.k tile. 1 if.A.4» - 1�,.,, pn,,._ �Lu U-LL L--sXi eat .4- t^e.:Q ? (TLW E%.. .sl -pvV ez� Cani..y6 �.e.a:KY „AA_ e;.etiL�° -mot _.rrellJu- �'--,A V ...Q.o- �.�"V�.. ,- .emu. ilk-, S-t) .,...t e.� c.,l a,--n�+- t �..'�,,,.,,,�///:��%, / , \ p ,,�,2(.,? "_,. ? �J - j W Gt.� -ea ..i�..¢- -6 Zpo {i-2s--- ?-1-6 '� f ^ . r " jAs --44 —9,- ti l -.2.-...? 6.3 AJ .t..L3>�-c tom. G ,,,..�z9..c. /L /lw . -Y4A-� Qt/lA� �2ix- iluuM1'V u eiv a—� 1` .rt-� .2JQ.42-v-- r -cas .., .2c-,, . . Le-A..4_, 0-i, a-U-c ar/2.0 4- k o tio.a-C a..- - R.-c -a tee.-- Vim' Gio1 1C- .tCl.L 1 W41--t-4 V Case No. 11 -003 Public Comment Page 25 of 93 atac,,==t ye 2,2-ea2- OLD.A. J---(7.-ce.,) OR s Psot? („i3L L.; •-(1), c-,yv1/441q.0_,Jr er-.A.- 1 -Mk, 1.17L-4-61-ttl"r* 43-1' *2 Public Hearing Item VI-C P&Z 18, 2010 LL)b -TA- -12-014,,* eL44 flw Case No. 11-003 Public Comment Page 26 of 93 Public Hearing Item VI -C P &Z 18, 2010 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: 11 -003 John Zbitnoff A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of AD that is similar in character and impact to permitted o 'al zone, including Asphalt Batch and Mixing Plant, 17.105.010.C) or, Petroleum or Flammable Liqui (KIBC 17.105.020.F), the latter use would also re review if approved as a similar use by the commissi LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments must be received by 5 pm, August 3, 2010 to be considered by the commission. The commission shall not consider any new information submitted less than fifteen (15) days prior to a regular meeting date (Planning Zoning Bylaws amended June 16, 2010). You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this f/eell free to call us at 486 -9363. request. If you have any questions about the request or your appeal rights, please feel 7 Your Name: 0 (ap R i e t Matting Address: ID 7 it ` 4--z- 45 F 44 75 /Tr/ Your property description: -1 ti l3 5 F----L/7 7 S v ,. Comments: It%/✓ 1-14v or TD I%r'i II,Cr P if, 7 7H7s 7i 4 t/7 7J Gr 7 /w' OA v1i7- d `I/f t--GI. 5 44.75 5 v�?Pi V /Sfe) `r.; 140 t IA/ 1cL Tfr1'5 5d,c-- g° CI- rif -'t >7 A457 7/wry -174/ 5 w43 -in/ tr) 77-f / s �/1 Ir 7 C /�4LP �d 57-,- b /4-5 • G 1) P �Y e k, " -4, ai! 76-1.- ©4 'fr.:" 7 1 At U (. G' w/ % !f Y /-, J f .90 044 if 7=iZ rT7 T /ti1''- k/D s1 947(0 ie , Fv 7;44P---y //J Gr/L to 1 7114- .1-a/ 014 / jA1/4 W 1' p (/f-` 5frf..f o('f L" r/4 o K % /F% F ° t L 66_ 0-74 -1/ i//� W/ 1- t, Pti /ti t Se- w l -64'6 Ti I Cr- qsI G. Pc/1.-/T 5k7 © /4 4-.v7) f 45 5 /l170 7// // (11lL-1_ f odCrPY6 4-/1 . IF-- -174-47v /44vcr /- Pa74)3c& 7,1.1_ I 4,-0 `f-, -y 7v r yi}c. 417 -77-4-- /fa apt., < , /fn6 >f,,. 5 0 7,-t 'SFOr> ©r 7/')5 G0 7 *4y^ 5AJAfr-raA/ 572r7¢,1,./5 7H47 ,1-7dY 5/Ict- ar / -MZ€ .(7ds gi 117r.zLl4L ( O ' a a t /,ici <-- --,, -7,7 , e irr+ , 7vA/e c f / v S/1r / 42131e-e -t Wi 144.7, (774. 0y' A457 50 ;( C Clete(' e—/{t'7 ir✓ -r,- 2°��?$` Case No. 11 -003 Public Comment Page 27 of 93 Public Hearing Item VI-C P&Z 18, 2010 Case No. 1 1-003 Public Comment Page 28 of 93 July 29, 2010 Kodiak Island Borough Planning and Zoning Commission 710 Mill Bay Rd. Kodiak, AK 99615 Dear Sirs: | + D 1COMMUNOYDEVElOPMENYD[0A E L. Public Hearing Item VI-C P&Z 18, 2010 This letter is in reference to Case 11-003, I believe that storing petroleum contaminated soil in close proximity to three bodies ofwater (the Russian River, Sergeant Creek, And Women's Bay that abound in wildlife and spawning saimon would be very unwise. The chance thatthis contaminated soil could leach into these water sources, and into private wells, is too great. 1 recently heard testimony concerning the 10 year lease provided for Brechan Enterprises to extract gravel in the Bells Flats area. Borough Manager Rick Gifford acknowledged the problem associated with mixing industrial and residential zoning in the same neighborhood; in the case of Bells Flats, a problem that was created by the Borough. Mr. Gifford said that if he could wave a magic wand to correct the problem, he would. Well, you now have an opportunity to wave a magic wand to keep the industrial footprint in Bells Flats as minimal as possible. Even if this property is zoned industrial, it does not need to be developed in such a potentially dangerous manner. Moreover, having additional trucks constantly entering and exiting a property right at the highway entrance to Bells Flats is an invitation to an auto accident. If you decide in favor of the above request, it is clear that the Commission has no interest in addressing the problerns associated with mixing residential and industrial zoning in the same area. | hope that you will deny this request. Thank you for your consderation of my comments. Sincerely, beD'E8a 1Z11O Bells Flats Rd. Kodiak, AK 99615 Case No. 11-003 Public Comment Page 29 of 93 T Public Hearing Item V1 -C P &Z 18, 2010 Case No. 11 -003 Public Comment Page 30 of 93 Public Hearing Item VI -C P &Z 18, 2010 Rug 02 10 07:38p Rndy & Bernie Finke 9074872085 p.1 KODIAK ISLAND BOROUGH CO M UNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road. Kodiak. Alaska 91615 Public Hearing Item VI -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the followin, request: _ CASE: 11-003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15. 090.A. to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment as apse tthat is similar in character and impact to peimiifed t r conditionaI uses in the 1 Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Defining (KIBC 17.105.010.0) or, Petroleum or Flammable Liquid Production, Refining or Storage. (KIBC 17.105.020,F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally. you may provide your comments in the space below or in a letter to the Community Development Department.: !::1n'V:11 111::.: 1t, rt•e.•ilrrl. in r :an!. .:11V11q: -. _l:tu 1.. 1rr <-t.•:v6t.•rc 0 i,‘ ;h,• ee :aip5io if:,, t'r+;: :::1S4;'11: . /:, :ii ::hr e'Ptp4',41' ,err ,:el 1• it;!.n? em:m: kubin ri,t:. ,.,.... .,71h,,.:: ... ..... • ... .r . ..:r .. :1 :.. q":// . .... :./aw% ,:r:::'i:1lr:.' . /t ::rr lb. 2r1141/. You may fax your comments to (907) 4S6 -9396. To testify via telephone, please call in your comments•dnring the appropriate public hearing section of the meeting. The local call -in telephone - number is 486 -3231. The Alaska toll-free telephone number is 1 -800- 478 - 5736. One wo.it prior to the regular meeting. on Wednesday, August 11. 2010. a work .session will be held at 7:30 p.m, in the Kodiak_ Island Borough Conference Room (11121), to review the packet material for the case_ Kodiak island Borough Code provides you with specific appeal rights if you disagree with the Commisidon': decision on this request. If have any questions`about the request or your appeal rights, pleas: feel•fr eyto call u{ss at 486 - 93363. 9 Your Name tM ° /lam /_..... i' Mails# Address: �� 401. i.7 GGfi` / iirr4ee: `''— l`/ -G /_�� C� Your propertydeac ' . lion: - - iM / W Comments: Y1.. ...J /. ,e - - ' - ' Le ....t' F //. j r j - /dL /i! ' :tom' . •e-C:. Qfceez ra- Y ,.f diq/af.� _, .0.'L d1 / t r I #Ij "" 40..e? % li,/T i' 2 , lllQ- G,I�.rt : ..z_ - aim' ..;?2.�".�•�. Case No. 11 -003 Public Comment Page 31 of 93 Aug 02 10 07:36p find & Bernie Finke /2zzez-2Av 67 t0Z ;&‘Ad ,z944, • acCed4.14-ee, 49 3a-b ,*/01 4v71-tts „eite- 23teze_A.. .e4-64% aA.04 „ecee.e. eZa- 0'92e /7q11 0-eq44t-' ..2! Y./Le. 1,0-e4-1 72-4,9 e=6) (7Z-eAe- /674v X r 4•Pr 9074872885 Public Hearing Item VI-C P&Z 18, 2010 p..2 71-0 .trkei„ Case No. 1 1-003 Public Comment Page 32 of 93 Public Hearing Item VI -C P &Z 18, 2010 K ©DIIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Heari item V1 -C PU C HEARING G NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers. 7l0 Mill Bay Road, Kodiak. Alaska. before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 11 -003 APPLICANT: John Zhitnoff �r.L e-Determination, according to KIBC 17.15. 090.A. to allow the storage of 1d5.11 1taminated soil for the purpose of ADEC approved treatment, as a use that aracter and impact to permitted or conditional uses in the I- Industrial Asphalt Batch and Mixing Plant. Manufacturing or Refining (KIBC or. Petroleum or Flammable Liquid Production. Refining or Storage 105'020.F), the latter use would also require a conditional use permit (CUP) COMMUNITY OEUELOPMI- MAlig tioved as a similar use by the commission. LOC r . ni-C_ cek Road ZONING: 1- Industrial is similar AUG - S1(17:70 i.0: nc 5 (KIBC This notice is being sent to you because our records indicate you are a property owner7interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the C'ommunity Development Department. Cnnunr•nl.s must he received Ih% 5 pot. Auv'r:a 3. 2010 to he considered tiv the nnnmisiun. The .'ummimion .shall not consider any new infarnrniiwi submitted Iris than f twee (15) days prior to u r•ryalnr mrcting dare (Planning Zoning 11yIm ' wnrntled June Ili. 2010. You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 - 478 -5736. One week prior to the regular meeting, on Wednesday. August 11. 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (11121), to review the packet material for the ease. Kodiak island Borough Code provides you with specific appeal rights it' you disagree with the Commission's decision on this request. Ii' you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: 1. i'r k. 4- �-r Avt5'i Addrevs: l /Jy7 kloni&, 5 gay O r ,� ��,Nt //ailing Your property description: l q'w. I, Re.5 /Ql H n e / comments: =17' iK Ceq c gin 7''x f 4r t: vN >k• w. Ad kI Su: / idt1d...iie i 1-7e 5-16 nc( Carle,-.1 -1-1,-J 0 :5a f a.1 9I w>, 4-- +i6r5 l�rf- 4// r _g el kr-P". r/t L/ W 4 / G k o,,, 0 AAA, /a de,/ /4's a 4 kei.IA 5 / 0 O 4-4. :oae Wut^i irv`C_ ,em k/`'� ire it l ✓S c -- ye_ ct,,-•e 1.5 S e- ��✓reA..� CL, r;( b fe5/'r6h 1-5 e1lio rc. c(- ?" Re-,• Case No. 11 -003 Public Comment Page 33 of 93 Thi te Le Public Hearing Item VI-C P&Z 18, 2010 1 ank Case No 11-DU3 Public Comment Page 34ufQ3 Public Hearing Item V1-C P&Z 18, 2010 Rug 02 10 07: 27p FIncl 8. Bernie Finke 90703728135 P • 1 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak. Alaska 99615 Public Hearin .g Item N./1-C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambcrrs, 710 Mill Bay Road, Kodiak. Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any. on the following request: CASE: 11-003 APPLICANT: john Zhitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.4, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment. as a use that is simiiar in character and impact to permitted or conditional uses in the Nndustrial zone, including Asphalt Batch and Mixing Plant. Manufacturing or Refining (KIBC 17.105.010.C) or. Petroleum or Flammable Liquid Production. Refining or Storage (K1BC 17.105:020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: 1-Industrial This notice k being sent to you because our records indicate you are a property owner/interested party in the area of th, request. If you do not wish to testify verbally. you may provide your comments in the space below or in a letter to th, Community Development Depanment. ;" L, . . ._.-,....: ,..., ',_ ,.,, _ ._., • -, ,_L..., ,- __-_ ..___ ' _._..... • ..* . ' ,:• : .. •.• . .. --.• " . ' You may fas your comments to (907) 486,9396 To testify via telephone, please call In your comments during the appropriate public hearing section of the nteeting.Th, ,local call-in telephone number is 486-3231. The Alaska toll free telephone number is 1-800-478-5736. l)nc wed: prior to the regular meeting. on Wednesday. August 11. 2010. a work session will be held at 7:30 p.m. in thl Kodiak Island Borough C.-onforence Room (L121). to review the packet material for the ease, • . Kodiak Island Borough Code provides you wills specific appeal rights if you disagree with the. Commission's decision on thi. request. If you have any questions about the request or your appeal rights: please feel free to call us at 486-9363. 1 c „,1_,Z. 2-- e ft-. Sit. your Nuine: 41f) i '''t/ rrkwe Mailing Addrfem Your prilii,vp:trg giggipcitoir ec":Dk. clte,rt ,-,1 ( , 3 it 00 .4,-;..).11 p r...T.o5e.Ci Cornsncrus: -T. 4. ,VI 1C -IA 4"'S FS. C ci /0 lc, r 1r- 7417,S Te; ,-Di-Pc 't - 1. > 4r..1,., Ct....Se 12, en. St lkneri gtsrce,,Iral , • ii).;10 ...TIL I. l. ic,se .-ro rec;" (1 4"0-1,1, I 'To 9 as, 'to —t-h.e. ire.,71 , tt ,y4 (4,7 -/ ..4.1'1e(e. [1— (A,/ 1 ei ( c 9 o IC '7k r r ." t le .6 Cot.t/5'e + W.1 •rg.• -C r en 10 teen S , -1 01 '50 .1-1.:1.iik .-).- 1.-S C.,\ la -. ci reffch, --ti,, 1,..,c; .r- -r. .'v e. .-Fe, 3 hersep_ 0.1 / c,-(-- .4- lie her 11', pi y c.41 -I" ) € 1; m t( 1- d .; w e re ci se'+-7714.-J.1-1 lin y 0,v-di -re ede v5 'car (1 t R -I-- .1, n e ri...er er. .., i ,cicrt, . ci,150. -ri, 4 - -4- Th. i F;cf , e_yliv.••,;*•44.121e d il.rt ir lio., I 61 h Q._ e(eo -?‘'ci c:70-1 ,r-e' cl Fok. 't, it-ivio bider( rcIttost1/4‘..,,r,Ot t e I 1 Case No. 11-003 Public Comment Page 35 of 93 Public Hearing Item VI-C P&Z 18, 2010 Case No. 11-003 Public Comment Page 36 of 93 : COMM G - 3 2010 MENI 1) rnt,An� A ..pubic to « ` on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: min FLO MuliEl�i Public Hearing Item VI -C P &Z 18, 2010 1MAK ISLAND OUCH TV DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item V1 -C C HEARING NOTICE CASE: 11 -003 APPLICANT: John Zhitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15. 090.A. to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the 1- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comment, .nom he rcreivcd. bv 5 nm. Aueusi 3. 2010 to he considered he the commission. The enntntllsirut Altai( rot (tawdrier any new Woo-tnariot; submitted lea; than fifteen (15) drys prior to u re. :velar meeting dare (Planning Zoning. lfylaws amended June /iii. 2010,1. You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 - 478 -5736. One week prior to the regular meeting. on Wednesday. August I1, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (11121). to review the packet material for the case. Kodiak Island l3orough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call /us at 486 -9363. Your Name j?7 f inn na 6 i 1917 Mailing Addreas: � 361 Vs vie Y V c/i1., Yourpropert) de c��ription: A(Art 1� billl�l wiD j F Gl/V Oil S %Killl Q-v(y,ieivi ce -yi6(4. Comments: 1 VI©VVt (9'CC41 6 IA f I6145 Y C(6,iolorit of I3ekts -f l' f s amid V■ii;] to 1 oto oat 1 nVG en, 9otiv eiv t C4wwc (d- i l r 44 ov Melt a S a-- wevvioi4e-1 lbevi C9 nvvumtl ij w iloc S iS G eat ,-''-- h wti . "r iv4t AVIA - F0V01w0st ( wow i( Lik {r ov e9s T"hgt 1 A446— tivri alotitvlsj' coil ir6rvtrrt/IGtfot laic u'v' vvle_oU' 6. 1 17-o14/c. ` ert- e A Vv i -rin, (n4 imANIMn in trot '-'9 (I --"i s Owl i otfovtaA4t j ss vt,e Thal wwts f 1 elm It we 114 ANA A vum. o at-i - Fraess e4vws I, owl e a ti Vt. yvlcTYla1l -h t so. tt1t,jcti v, 1 tivvvi l &v-e_ 114 14 '1A15M1� 1b /..A. CU, Vl)►14,4 - r rb d SQ 01441. 1-p its -Xi 1M ft) jW o vl u hwva) 50t (wtaw S PeMN ini 0 rrjvrhs o 10 611/1 St s pv4 , Ii C vise RI/ ?to `� OK wi tv rs Tim pas'1qA. i‘ ,meld iientwovi dl outs were Afp cai {-ivVt C ptitl#44e, Wa '&vt h V 1 'iat rine S4/ 1/1. VIA 11, � I014 1 of rovii44, � That ��In %ab� F141(1.04%4, �cd Case No. 11 -003 Public Comment Page 37 of 93 Public Hearing Item VI-C P&Z 18, 2010 061,4,. r M T1A2 V y- al) itworirvorvi eat. Eery s (asav- 6c.6-rive, ‘y1/1.- skovtloi tut ativtow ?-eNvviA ow14 ceivieciate:v Mg_ vvatm-e-vf S 'Dam CewMAAAAA/i oUS 9 who laext cavt, aleAruni pewywits ?0,014114 k ve,vj wywr 11, 1 V b yovvvt41- 0/45 014 cell" t -17) 9o1 yoReftit ()MY-4(S InIt4r.44- v-e tr.44-h`al ms-c- w1 cevtm vAAJ \A/cm acf-cd- vs M4 reAm,/,4 r t?flvf,,v, \one VinotAiS w tevrtal loteowte--- taviot ~1( ow ktiumAam—, tot eawinetetivrvi c i-vvvy own atAmi --1-11mive o ri-r--/v. ( ticavt.111 -Daveme 14,660 -1-z) V9c, coviSfi01eA/61-Aev(Ai move_ AA- 147,0 1- i v‘,_ avvil Winn 0144/14/14441A b e g GtAA et" rld4)( i MAn-JS i 5 %IA"- tliojt AA, Th 6 tovvtoi , t 11 c ow ovt.Seiateite" covvvvvv-ot owtal cal/vim/I-co KNA- PrAiletAi cavviAmetivai wv-woo(Ais as .0%,%- OO ei-KAS 1;-:ovvvvit-- A/6'1Am ti°1A- &vet Yew% fA(l fl4 taivick aw h 11/W4 ovvvi vovivweitnt s WeNt . t tneff, 11/w 'olfov4co14-- Wi i 1 1)190 +44- 91169tFw vvv--'1""vvv'64 --11) 615-vvve pvtiol/i6 ti-now leotr- . ivy -rlfw tiNv , avv, V-- ot,t, ‘311741 eatki (e-; MT-VD veal s foe) I2,061441Aat 61A WvC • i9ViS 931-e9tvi1e. ccw Case No. 11-003 Public Comment Page 38 of 93 i Public Hearing Item VI -C P &Z 18, 2010 KODIAK ISLAND BOROUGH ECEIIVT 1 UNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 AUG - 3 2010 �liucneaEpg~wtllbe h Nag • COMN Public Hearing Item VI -C BLIC HEARING NOTICE Id on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in ambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough. rlannmg an . onmg Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: LOCATION: ZONING: 11 -003 John Zbitnoff A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. 465 Sargent Creek Road I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Continents must be received by 5 pm. August 3, 2010 to be considered by the commission. The commission shall not consider any new information submitted less than fifteen (15) days prior to a regular meeting dwe (Planning Zoning Bylaws amended June .16, 2010). You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If y have any.que tons about the request or your appeal rights, please feel free to call us at 486 -9363. .5''.W' ) +1�infcv\n _{ Your Name: riLec-rt5rin ∎tV{ CUT fE\Ctih 1 \CAA\el�.MailingAdddrress: P © 13Cx 30-11 Your property description: \'(C AA -# A) 14v 55∎cv\ Crc -ck Comments: Z 1:.3 :Sv\ 'to `)C% 4C.t 5 V1100'r'N' es \CJl -.% 'C'I'' 5"ttlec e C+- Q re. :Nvv.e:.;∎ ak Cc>r:ct\M:hL-ted 5Cs:\5 C,. IA.. S ..1,--a 1 - t'r.‘` p .ro er`1 '1' \''■t p'1/4.)f p uS.q o'{ —�1-.J - s'arm`\ VrepY.r 1 5 e cccx- . f 1-14j; '.1.. 1•-s( i'S, -VP' \ V S'e5 v i,cQ.us -c.r. c\ prorp-ei -='-1_ : I(cic.Qitll , 5 r r \sT \ve`l 51„.ox 5Q•ciA I '\-. Le tQ -et.e:w. -e,- - c'{' -t\,� b05 v,eSS Ca►v�w�ur,■�/ � 1— c Q �t-L1 e cc»- ow 1 i v1 .ev\ e•c\ • 1,0l�ev. es, buSiv -'e55 :0et'So,n ��5 •vL. 0pp0rrvvv∎I -1 ""\--0 v \cf, U52. G$ A4 -•.e, pre,Q,a'C-, 'Tti.�"'' "CL .ey \f». e ;).--Itie5'T- ec.9:h C%-. '{) "( "T' c Xe S 0") ' <\^ e :r t` i i- 77' 'fj L' 5 -,e, kl.,.,e: r- (),(0,ptizt \Is5 y- "C l\ S Lqqac, C,. Case No. 11 -003 Public Comment Page 39 of 93 in Le ~- Public Hearing Item VI-C P&Z 18, 2010 ank Case No. 11-003 Public Comment Page 40 of 93 Q . - -O MIAK IISLANI1.D BOROUGH IT`Y DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 AUG -C-® M J Public Hearing Item VI -C P &Z 18, 2010 COMMUNITY DEVEI.OPM Public Hearing Item Vl -C IC HEARING NOTICE. A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 11-003 APPLICANT: John Zhitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15. 090.A. to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the 1- 1.ndustrial zone. including, Asphalt Batch and Mixing Plant. Manufacturing or Refining (KiBC 17.105.010.0) or, Petroleum or Flammable Liquid Production. Relining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: 1- Industrial This notice is request. If you Community Development commission. being sent to you because our records indicate you are a property owner'interesled party in the arca of the do not wish to Testify verbally. you may provide your comments in the space below or in a letter to the Department. C:nnttncnt, Enlist he received by { pm, ;lut;ust ?. 20111 to be runsidcr -d by lite The (w aniy inn shall nut ransidrr , i- new inf .luny toll free August the appeal appeal Mailing /y runuinn submitted less than fifteen (15) 16, 21110). You may fax your comments to the appropriate public hearing section of the telephone number is 1- 800 - 478 -5736. 11. 2010, a work session will he held at packet material for Ihr case. rights if you disagree with the Commission's rights. please feel free to call us at 4i;6 -9363. Address: 1114/ WV''tOUk/ Al den's prior to a (907) 486-9396. meeting. The 7:30 p.m, in tltc decision on this ' 1egnlnr meeting date (Plumbing Zonihj Bylaws amended To testify via telephone, please call in your comments during local call-in telephone number is 486 -3231. The Alaska One week prior to the regular meeting. on Wednesday. Kodiak Island Borough Conference Room (1;121). to review Kodiak island Borough Code provides you with specific request. If you have any questions bout the request or your Your Name: C,((l�� %U �l 56� Your property description: Comments: rte r ikk VG k ct Vol A L, ' A >Z; fl ).19111 OA t It1A M M ( tit / C . A2 a 11 i AA Vk • , rAoviA , no cM'( a k-ri _ All wry 12ww -a Om wket VI5. )--i• , likk CrWX AO- if 5 ioak AAA_ 1 our -cif (ri-5-. 1 u411' -I'(.,ev>. f.E.4-5 -- 1-t-i 1 v1 S -t41, roil t vc - A b� 1 et, (x_ o (,eke ' (n.6n & -1 . r a c-1 vA i 1 thswse .\ to QAAV tort vs \-a 1 ` i S V I t r' 7 r , (- f∎ Case No. 11 -003 Public Comment Page 41 of 93 Ira Public Hearing Item VI -C P &Z 18, 2010 Case No. 11 -003 Public Comment Page 42 of 93 16:32 YAWN 8 HEUMAN 8074872575» KIB COMMUNl I r I t r t- UBLIC HEARING NOTICE Public Hearing Item V1 -C P &Z 18, 2010 KODIAK ISLAND BOROUGH UNITY DEVELOPMENT DEPARTMENT 710 MITI Bay Road, Kodiak, Alaska 99615 P 111 Public Hearin Item VI -C A public hearing will be .held on. Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 .Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request:. CASE: 11-003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the 1- Industrial zone, including Asphalt .Butch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.i0S.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments In the space below •. or in a letter to the Community Development Department. Comments must he received by 5 pm. Auoust 3. 2019 to be considered: by the commission, The consmiaxian shall not min der any new ixf rrmwlit n xahmillc:d less that fifteen (15) days prier to a regular parting dare (Planning Zoning Bykrnw amended June 10, 2110). You may fax your comments to (907) 486 -9396. To tesdfy via telephone, please call In your comments during the appropriate public hearing section • oldie meeting. The local call -fn telephone number is 466 -3231. The Alaska toll free telephone number is 1- 800. 478-5736. One week prior to the regular meeting. on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (P121). to review the packet material for the east. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. if you halve any questions abbouul t e request or your appeal rights. please feel free to call us at 486-9363. Your Name: 1A4117 MsWunmimeas 3 ?1G Srdn1 /hNE' *�!•�W�r1 ��1 A G Yourpropertyde.crlptloe: L©C.- L L� - F Comm row .. . 11115 tOc*TiCN /s 5413 .7-6c,1- -to o ?/NCT roe. CLOSE 10 NV �F1vANAA I occ Ali d 4. ka. )> /A ni-e TiRNA,41I rzooD at,Fie, Pas5r6GE; Fici & R6il `MT/ A/ 'AACe-s$i,J 4 . . Cet&L..p /JM /4E6 A-r la IA M-e T5 APdn! /Vgfi-Rgy 1265 /P60T/A -4.4. Y EoiuED 4 06115ogito6P5, . Case No. 11 -003 Public Comment Page 43 of 93 Public Hearing Item VI-C P&Z 18, 2010 Le Case No. 11-003 Public Comment Page 44 of 93 AUG - 3 2010 co AUG -03 -2010 04:13 PM PETER -ALLAN ECEIVE COMMUN IV FNT Public Hearing item Vl -C P &Z 18, 2010 907 497 2333 KODIAK ISLAND BOROUGH UNITY DEVELOPMENT DEPARTMENT 7111 Mill tiny Road. Kodiak. Aln'4 99(113 P- 01 Public Hearing Item 'I'1 -C BLIC HEARING NOTICE - ' A public hearing will be cld on Wednesday. August 1t;, 2010. The meeting will begin at 7:30 p.m. in elf the Borough Assembly Chambers. 71() !Ail! Bay Road. Kodiak, Alaska. before the Kodiak islandi Borough Plannin&and Zoning Commission. to hour comments if_anv. on the following request: —J CASE: I 1 -003 APPLICANT: John Zbitroif REQUEST A Similar Lae Determination. according to KIBC' 17.15. 090.A. to allow the storage of Petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that i; similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt alt Batch and Mixing Plant, Manufacturing or Refining (K1BC 17.105•01(1.C) AC. Petroleum or Flammable Liquid Production. Refining or Storage (K1BC 17.IO5.020.F), the lacer use would also require a conditional use permit (('UP) rwiew il' approved as u similur use by the commission LOCATION: 4155 Sargent Creek Road ZONING: 1.1ndustrial This notice is being ,sent to you because our records indicate you are a progeny owner.interestecI party In the area of the request. If you des no. wish to testit)• verbalts, you may provide. you comments in the space bu)ow or in a letter t:. the unity 1)evetopnient Deportment, t + :nib. , . • 1.t. err, ,, • .1 ,u., 11r "tom :•L_2(1111 tv br t'tus,i 1.0!11 t11- Hu�1, 7tr4 conont''b'n %o lh , :rd • .4 • • , . +!!!• ' .. . •'r1 : :fF• +: it 'ell (tri ''' (11) df71'S OW" !.• 7 •': yr nn ' g !,; f'prt' 77uu11111,• .' •leer' . • I';i • You may fat your comments to (4)07)410-9396. To wally via telephone, please call in your comments during the appropriate public hearing section of the meeting_ The local call -ht Ickpl►onr number is 484 -3231. The Alaska toll tree telephone number is 1.a0I)- 478 -1736. One week prior t) ihi• regular meeting. on Wednesday. August 11. 20111. ;1 work session will be held at 7:30 p.m. io the Kodiak Island tiotough Conference Room (1121 I. to re', tcty the packet material for the ease Kodiak Island Borougi Code pro%ides you with specil.e appeal rights it' Non disagree with the Commission's decision nn rhk request, lryau have cry queainr:. a 1t +it the recur.: or y our appeal right.. please feel free to call us at 4866_- _9363. Your l►omr :_-_____ �•^, l•t vl .E__�� %bitingArtdre�s :_ F�(� 4'30 tC 1 © 7l ri0o(.t'a fC,:;1 1C. Your proper, 441criptlon . t aka'+ �1 '. t (i t 1 L_ —1 't . 1.-. romnir.w I am a ;10 year resident of the Womens Bay Community aka Bells Flats and 1 urge you to reject the above request to allow storage (and possible treatment) of petro — contaminated soil in this environmentally sensitive area. The sit) is nestled between the Russian River and Sargent Creek, two extremely — ______ important anadrornous streams. Commercial, sports, and subsistence fishermen as well as bears, foxes and birds utilize the suImon produced by these two river system,. Tourists and locals are drawn to Womens Bay just to sec the spawning salmon --- • ---•— return and watch the bears eat the fish. Businesses have started in the Flats that cater tc• visitor's. 'fhc an a is prone to flooding in the spring and fall. The water cable is shallow. The po:cslbIlity of river contamination is too great to allow storage of oily soil in thii• Ioctdolt, resulting; in a negative effect on the environment, tourism, local business, - and quality °U tile for our community. Please consider changing the zoning along these rivers to Rurz l Cor:servation. mmend to the 1 {1 Borough thata contaminated sf+il task force be created lq f,,nd a permanent solution for the persistent problem ' l'c'l'n :aminated soil storage .tad treatment. Case No. 11 -003 Public Comment Page 45 of 93 Public Hearing Item VI-C P&Z 18, 2010 Case No. 11-003 Public Comment Page 46 of 93 t 0MMU DEVELOP I.4 Public Hearing Item VI -C P &Z 18, 2010 0 1 ODIAK ISLAND BOROUGH iTV DEVEi 1Lsll►IPMENT DEPARTMENT :u Alit Bay Road, Kodiak. Alaska 99615 Public He VI -C IC HEARING NOTICE IA public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in `the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. before the Kodiak Island (Borough Planning and Zoning Commission, to hear comments Wally. on the .following request: CASE: 11 -003 APPLICANT: John ZbitnolT REQUEST: A Similar Use Determination, according to KIBC 17.15. 090.A. to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- industrial zone. including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.0) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.11, the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: 1- Industrial This notice is being sent to you because our records indicate you are a property oivnerfinterested party in the area (rf the request. If you do not wish to testify verbally. you may provide your comments in the ;pace below or in a letter to the Community Development Department. l :liniments nisi he rteeived ht 5 nm. Attu5t 3, 2010 to br considered Its the ronnnissiun. The r•+nuuisu,n, ..,hall nur c „n.iller nn)' tilt, inJ,runtrirm %l/ruined kV. dial: fifteen (1i.) slim•, i.- or 1., n revilar meeting dote !I'luru,i,,' Ltn,i, iiylunts anr,•,tdrel Jane !ti. 2010). You may fax your comments to (907) 486 -9396. To testify via telephone. please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number 1s 1- 800 -178 -5736. One week prior to the regular meeting. on Wednesday. August 11. 2010. a work session will be held at 7:30 p.nr. in the Kodiak Island Borough Conference Room (11121). to review the packet material for the case_ Kodiak island I3orough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. if you have any questions about the request or your appeal rights, please feel free to call us at X4786 -9363. Your Nnme :: tiOrat 6064e(l •1/�'K Izsl ,rCCeh MailingAddnss: 31��1 5'patee, Cc. f (cL Your property description : .3', 'SSt1i� Cv / - RV t rr(110(t Comments: I(s'let41tryrL/ 13Cl I V Fibf`5 poffrht,i OW Y' vre ofrl7t7 -thc- off ?cl of t,ls.p a f l Goa d --t-he. Se& qt i Cr (c ev, v, c._ . 0 tnr Fru CzSrls (V of ,05Lh'e)•• imctttcte poFevll't'.a(: ©f( lo,55il'i krv>,--t. soil} (L'.V' D 4 o f lax. t in s uh i y 55,l t,10 -,� 5 t irce try ail 01 vrs i 9 61. t-1-/ . "ilit c 0/4- cAS$t F-1 of '1"-k, IC Ob -C,( So l 1125 poZviha( - iiC4rvr\ 10 C1( roc t ctcl.t is . ' R, Wkil,t, we a n h-i. if- 6 %:tt. -+-1,1 .1- I-r-f-f., laf4, lose cr 0-)15 wed "f-',.. Le, ri-(p. l,.l ct{ d Ire (au•hurt S Ovelrsi10- o(-- 5 act,. emcie tVCfY arm o fre, viol- GIw115 6■AtT,6Clo 0061 mCcidti,-ts „,to cccu.ir• 1[- w c- he Q) in, t/.viot66c5 rtSIc_ -i0 -t"he, CprAv Y--c-ta.lt 11.(0511-r14 0-- cittct 5fdr -05 kg YllES , pal.( tS t 11 R.. MALL fr0( m-6, op (:mt - 1-E1e11 is -t',c, ej27e c./Li .l-o a Q b �jGw5 o Gttibwh�Ot t hL•( recrC t(111/11 (d c(C • J ,J Case No. 11 -003 Public Comment Page 47 of 93 a Public Hearing Item VI-C P&Z 18, 2010 lank Case No. 11-003 Public Comment Page 48 of 93 \--/ Public Hearing Item VI-C P&Z 18, 2010 August 2, 2010 Kodiak Island Borough Planning and Zoning Commission 710 Mill Bay Rd Kodiak, AK 99615 Re: Case 11-003, John Zbitnoff Commissioners: I am opposed to the use of the lot at 465 Sargent Creek Rd as a storage site for contaminated soil. That site is located in the flood plain of 2 highly productive salmon streams, Russian River and Sargent Creek. If somehow, a liner would stop contaminants from leaking out the bottom, nothing would stop them from rising to the surface during major floods. Our fish runs could be devastated by seemingly minor leaks. A convenient location is no reason to put our natural resources at risk. The proposed use is distinctly dissimilar to storage of petroleum products in tanks where leaks are much less likely to occur. Leaks from contaminated soil storage may also affect the neighborhood around the site. The proposed activity is within a mile of dozens of residential water systems. In addition to risking the health and welfare of the residents by parking contaminants on their doorstep, the KIB could be open to liability issues if problems did occur. Again, the proposed use is dissimilar to the asphalt plant, where groundwater contamination is much less likely. Thank you for your consideration. Dave Jackson 11248 Ka Isin Dr. Kodiak, AK 99615 Lot 1E, Block 2, Bells Flats Subdivision ECEOVE AUG 3 2010 COMMUNITY DEVELOPMENT DEPARTMENT Case No. 11-003 Public Comment Page 49 of 93 (Th Public Hearing Item VI-C P&Z 18, 2010 I wish to submit my comments in relation to case 11-003 for to be heard by the P&Z commission on August 18, 2010. I have concerns as a resident and homeowner of the Kodiak Island Borough. I have concerns about locating a facility to store and possibly remediate contaminated soils on this property, located between two rivers known as productive Salmon rivers. My other concern is illiustrated by the excerpt from the KIB and Womens Bay Comprehensive Plans. There is a glaring lack of a plan for how KIB plans to deal with the issue of the remediation of petroleum contaminated soils, including those soils the Borough must remediate. c Thank you for the comments Kathleen D. Janz 1 EMED 1 AUG 3 2010 Womens Bay Comp plan 2007 oMMUNIDLOpMENTDERTMENi E Goal 1: Minimize development in environmentally sensitive area. Objectives: Maintain a high quality natural environment within the planning area. Provide comprehensive land, air and water policies, uses, and zoning recommendations for the land and waters within the Womens Bay planning area. KIB /DCED /ACMP /State/Federal agencies. /P & Z Comm., CDD On-going Minimize development in rivers and creek flood plains, tsunami surge zones or at the bases of unstable quarry or mountain sides. KIB /Private /P & Z/CDD/ Assessing On-going Objectives: Protect the Russian River and Sargent Creek drainages by establishing specific strategies through coordination with state and federal regulatory entities. Action Funding Source KIB Lead Time Frame Coordinate a multiple organizational management system to protect the Russian River and Sargent Creek drainage areas, through the creation of greenbelt. Kodiak Island Borough Comprehensive Plan Adopted 2008 Case No. 11-003 Public Comment Page 50 of 93 ‘-----` Public Hearing Item VI-C P&Z 18, 2010 Excerpts from Chapter 12 Goals and Implementation Actions LAND OWNERSHIP, MANAGEMENT AND USE Goal: Regulate and manage land uses to balance the rights • of private property owners with community values and objectives. Identify an adequate supply of land in each community to meet future residential and other land development needs based on future population and employment growth projections, assumptions about the type and land requirements for projected uses and conditions or constraints that may affect development, Consider use of public or private Native-owned lands to help meet these needs. Evaluate need and recommend specific sites for commercial and industrial uses within and outside cities and unincorporated communities in the borough to meet future economic needs. o Pbtentlat conflicts with adjacent land uses, particularly residential uses and sensitive natural resources. Conduct an industrial lands capability study that identifies preferred areas for future industrial and commercial development CDD/P&ZC Goal: Ensure that land use and development decisions consider subsistence resources and activities. Require development to avoid or minimize potential adverse impacts to subsistence resources and activities: CDD/ADF&G/TC/LC Review and analyze area zoning to determine The need and potential placement of industrial property zoning if needed. CDD/P&ZC Goal: Establish goals, priorities and procedure" for acquisition, disposition and management of borough-owned lands. Develop a and management policy that identifies property on the road system that isused by the public but is not in public ownership, identifies property on the road system that is needed for fire stations, school sites, recreational areas dnd other public uset and identifies property for acquisition by the borough through purchase or trade. Case No. 11-003 Public Comment Page 51 of 93 Public Hearing Item VI-C • P&Z 18, 2010 Develop a land management policy system and portfolio for borough-owned lands That inventories resources and potential uses of borough lands, and designates which lands the borough should retain and which lands it should sell or trade, Identify potential future landfill sites and zone surrounding areas for compatible (i.e., nonresidential) uses. CDD/Solid Waste AdVisoty Committee/P8aC/EF Goal: Support erivironmentally-sound timber harvesting and tree farming activities ... Goal: Support opportunities for environmentally-sound sand, and gravel resource exploration and extraction. Goal: Support sound oil and gas exploration and development compatible with commercial and sport fishing, subsistence and recreational activities, and the protection of fish and wildlife resources Identify potential sites for petroleum-related facilities without limiting the opportunity for other development activities. (Note: A majority of meeting Comprehensive Plan meeting participants do riot support this action.) Goal: Maintain and improve solid waste disposal services and facilities. Goal: Provide for public safety and minimize exposure to danger when developing coastal areas. Goal: Protect coastal habitats-and maintain fish and wildlife populations through management of lands and waters Case No. 11-003 Public Comment Page 52 of 93 Public Hearing Item VI -C P &Z 18, 2010 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: 11 -003 John Zbitnoff A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because request. If you do not wish to testify Community Development Department. commission. The commission shall not our records indicate you are a property owner /interested party in the area of the verbally, you may provide your comments in the space below or in a letter to the Conic) eets must be received by 5 pro, ,\ oust 3. 20)0 to be considered by the consider aar mar information .submitted lass than fifteen (15) days prior to a 486 -9396. The p.m. in the on this rrgular meeting dale (Planning Zoning B lauw amended June lb. 2010). You may fax your comments to (907) To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 Kodiak Island Borough Conference Room (#121), to review the packet material for the'case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision request. If you ave any questions about the request or your appeal rights, please feel frrreye�to call us at 486 -9363. Your Name: t(�JC - Mailing Address: 0E46 FeSI'akilli Your property Comments: description: AA , n m • 1 Y . 1 • v " e u• a L r� 4 f Yl 2 �eiI � 1}' , j L AUG -32010 COMMUNITY DEVELOPMENT DEPARTMFNT Case No. 11 -003 Public Comment Page 53 of 93 4 Public Hearing Item VI-C P&Z 18, 2010 a ank Case No. 11-003 Public Comment Page 54 of 93 t i lt� E ;il, L co W hl G -3 2010 KODDIAK ISLAND BOROUGH ITV DEVELOPMENT DEPARTMENT 710 Mill Bay Road. Kodiak. Alaska 99615 COM Public Hearing Item VI -C P &Z 18, 2010 Public Hearin° Item VI -C U :LIC HEARING NOTICE • y� L. ��}} sa t'tt 1 1 ARlii� the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough PIanning and Zoning Commission, to hear comments if any, on the following request: on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in CASE: 11-003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.I5, 090.A. to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or. Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. • LOCATION: 465 Sargent Creek Road ZONING: I- Industrial Ibis notice is being sent tv you because our records indicate you area property owner interested party in the area of tttc rectors!. If you do not wish to testify verbally. you may provide your comments in the space below or in a letter to the Community Development Department. Coalmen'. tnusi 1.1- received M 5 rim. ,tutnst 3. 2011114, he coueidercd'n tLee agouti ,,si,ui. )'hr c,,:nm&sinn slrrtll not onri..ider any m' information c;,hmlrreil 1.a. !Dori �l.'rrn (15) day.. prior to u 486 -9396. The pm. in the on this ��// Mq(0/ rogolar meeting duty (Manning !.,going Bylaws umenrlyd .lnnr' !b. 2+'10). You may far your comments to (907) To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 - 478 -5736. One week prior to the regular meeting. on Wednesday_ August 11. 2010. a work session will be held at 7:30 Kodiak Island Borough Conference Room (0:121). to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision request. If you have any uestions about the request or your appeal rights, plcase feel free to call us at 46-9363. Your Name fkt Al r� I_ r MairmaAddress: .0 ■ 3i �1 3 4t'r r Your propels) description: JO t, ?1L11ti(q.t(`r \Cif Q)eQs. c 1.4"Q+ Comment=. .....7+0 lop cr.., ,up, &Ay Case No. 11 -003 Public Comment Page 55 of 93 Public Hearing Item VI -C • P &Z18,2010 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 August 2, 2010 To Who It May Concern; Please reference your CASE # 11 -003. Please be advised that I adamantly oppose the "storage" of contaminated soil to be placed at 465 Sargent Creek Road. It seems preposterous to me that the Borough would even consider storage of contaminated soils so close to an anadromous river and the tributaries behind the proposed site. Can the 100 foot distance from a river be ignored by those that don't feel they have to follow the rules the rest of us do? What happens to the stored soil when the river and tributaries overflow their banks during fall, winter spring, and summer storms? I have seen the road in front of 465 Sargent Creek. Road under water several times, during some of our heavy storms due to Nature's unpredictable whims. The contaminated soil will wash into flooding water, whether it is rainwater on the road, the flooded river, or the tributaries. How does the Borough propose to prevent that occurrence? The Borough has property in town. Why not use it for the con tamtnated soil storage site? Our community seems to be the Borough's choice for activities that `threaten our rivers, streams, aquifers, and wildlife. Industry should not be allowed to creep in and continue to grow in an established residential community. Respectfully submitted, Or4A. Nancy Kracke P.O. Box 2013 Kodiak, Alaska 99615 Case No. 11 -003 Public Comment Page 56 of 93 Public Hearing Item VI-C P&Z 18, 2010 August 3,2010 Dear'Borough Assembly, It seems an old can of worms is being reopened in our neighborhood. We are against any type of contaminated soil operations in our neighborhood. When Brechan leased their property years back for soil remediation this community made it very clear it was not wanted, we went to great lenghths to stop it,and we did! Aside from all the obvious reasons that we are against this, you should be aware that last fall when we had heavy rains the entire lot in question was underwater. If there was a mound of contaminated soil under a tent type enclosure during heavy ram on this lot,that soil is going to end up in the Russian River. Thank you for reading our comments. We trust that our Borough Assembly will deny a permit for soil remediation in a community that we have lived in for over 25 years. Sincerely, jb14/21-6(TkL_ Mark&Joan Levenson Case No. 11-003 Public Comment Page 57 of 93 Public Hearing Item VI-C P&Z 18, 2010 an Case No. 11-003Public Comment Page 58 of 93 i__'' Public Hearing Item VI-C P&Z 18, 2010 7 4.; 44' 1•4 7 t •11.•-,1* :**4 •• '44 -)1:1 77 7., 7 tt V:-(- - - 7 • I , "I , .4- I ' tl• 4- ' 4 „;, •4:„„„4 4L-4 ;, ts. • C,2:1i1:111-:orl":-,, Bay A :,:tsk::!. .71.1nir_q flan% A iu st: to •;): s..311 for L'et117,11.:.":11, c•onjigi..1,,,,: ILTAf, • .: i.5..0 ?i-110...C1.31 or ki.otfAi thz LOC.V...:1:\.: 445 .;•,;, :.,4 *no: t : '‘‘N ".; " :•; 1:"...*;•'`ur;.; •'* • :60 MiaKITtaVELOPNIERT DEPARTMENIk. • . , r ... 1 ap-prtrilrin:r I•D3: Frev k`• .:. r. 4; 44:IT %.44,-.44:11411.fekl____PAC ka444.4.4.4.: .1224c2 26dif 6fir hS0A".4.6fifirealrnacifithpu,,,s-d-cr a_ rtgaidathW Chow? tia > 66ag- ..7---Gbajas. A ZeZi 4Yeidej Case No. 11-003 Public Comment Page 59 of 93 Public Hearing Item VI-C P&Z 18, 2010 t))/L lphot &tat ed Adi A 4/Le /Au 4cA Case No, 11-003 Public Comment Page 60 of 93 Public Hearing Item Vl -C P &Z 18, 2010 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: 11 -003 John Zbitnoff A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17. (KIBC 1.105.020.F), 7the latter u elawmould also +" ► •�, �r�� o� s CUP) review if approved as a similar use by the co LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a pro et'ty o = -. .c r e area request. If you do not wish to testify verbally, you may provide your comm9MAUfiglikaia0MIEWcWinKrtigr Community Development Department. Comments must he received by 5 on,-Aar _ .. rti rrers: ere of the to the )v the commission. The c•onrmisxinrr skull not consider any net. iiif imarinn submitted less !hurl fifteen (75) days prior to e -9396. The in the on this rc' ular meeting :late (Planning Zoning B'len+'s amended June 16. 2010). You may fax your comments to (907) 486 To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. local call -in telephone number ip 486 -3231. The Alaska toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. Kodiak Island Borough Conference Room ( #121), to review the packet material for the'case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision t , request. if you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: ?7ar'L� L l<' e, Mailing Address: ! � 74 Op 1/4 F / ' S Your property description: Comments. _ HIM. �It d ■ l!:! ' • • (t, Ct t ■ t & f/ '�fait Gi1i'ei1?Ll(Ap � 3 li r !c�t— QAZ c t t 1--e._ be.; a '(l.e eri r4-6. x-- e i)cl`l' .ftcs (n , r, __ .t E_ `% (LM 1- 6 61e3,1A. . -11e e.,-0e-a5 €- ar-ern QaCL-1 Q.fi® , 4-f1 6 (e, 1r.A_.. �r ,J v.. . -{ LL e. J V fl - '_ pf yT h aOit v� -�� c`ir'r Case No. 11 -003 Public Comment Page 61 of 93 Le , `` Public Hearing Item VI-C 11 Case No 11-003 Public Comment Page 62 of 93 ECEOVE hiLl AUG -32010 c Public Hearing Item VI-C P&Z 18, 2010 KODIAK ISLAND BOROUGH UNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 DEVELOPMFNI UPARTMF Public Hearing Item VI-C B IC HF,ARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the followim.,, request: CASE: 11-003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I-Industrial zone, including Asphalt Batch and Mixing Plant. Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the corrunissiOn. LOCATION: 465 Sargent Creek Road ZONING: I-Industrial This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Conimcnts must be received by 5 pm, Anus( 3. 2010 to be considered bv the commission. The commission shall not consider any new information submitted less than fifteen (15) days prior to a regular meeting date (Planning Zoning Bylaws amended June 16, 2010). You may fax your comments to (907) 486-9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The Alaska toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, August 11. 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (fi 121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Yottr Name: Mt:kW 1144V7M-**. Mailing Address: /740 /..5'ne /? 7 S "7. ...._ i j,pe y -7 / A Your property description: ,FeR:g fr,Z.#7- ir 7- __,/,. ( itip &---.2) 7"K ig er' .:. Comments: Tin t S 'Play ea.-Tv ,$ "Zt:51Je■O -toe- +JAI'S +V) e o- -711eiee- 1 Lim 1.7-&-D oup6s 7-721,9-4, plecVeWT7 r% 401714 Mot3e- k pt,6774-ee iy 71, c),L., cp,i7 h 0 A W. -tz ce/s, us 7'4e,ed--- 1 6,0 £ 5- 4" G71 art/ / 4 • G-y Case No. 1 1-003 Public Comment Page 63 of 93 _ N / Public Hearing Item VI-C P&Z1&2O1O nail Case No. 11-003 Public Comment Page 64 of 93 Public Hearing Item VI -C P &Z 18, 2010 iHIECEOVE K AK ISLAND BOROUGH AcommeN rJ DEVELOPMENT DEPARTMENT I COMMUNITY DEMO' a' t t%' ` 710 ill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 11 -003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone; including Asphalt- Bata ant Mixing Plant, ivlanufacturing or Refining (IXIBC — �-< rage UP) 17.105.010.C) or, Petroleum or Flammable Liq (KIBC 17.105.020.F), the latter use would also re review if approved as a similar use by the commissi LOCATION:. 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a propedyCB ov,"4130TiDENRVTIENtli request. If you do not wish to testify verbally, you may provide your comments in e . - . . . . the the the ; Community Development Department. Comments must be received by 5 pm, August 3, 2010 to be considered by commission. The commission shall not consider any new information submitted less than fifteen (15) days prior to a The the this regular meeting date (Planning Zoning Bylaws amended June 16, 2010). You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. local call-in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: h lr �+ 1 0"� f ' 4l \ i/l��' Address: T \3 2o [ O Sl st_. / /�N(f�ai�ling Your property description: 1 0 7 tic t-A -0= V Tv3I;3 1 t 4 Comments: U l L1 R.6k- Lf - - _rt'lt i-r ... %_491Q- iV 0,1U `(.1� %'C#t -s pt0,2i t,S K1ti.) OF us litki bp 6- �t N1dN tr I bi . .--pi-3- iktbWeL . C eCA \3 i M- 11 P .' V 1 OA t . o lk llJ', -) 1Zi(l U) -LC-lk rovzc- K •i- �I� 4i Tea ,,r I e -- Nrs ! -- -- -k-r (r i3 � r Ilia ev-gi � ar it 0w,_ c 0 mi,4\ it hei -ms CMG- U c-s - Case No. 11 -003 Public Comment Page 65 of 93 Public Hearing Item VI-C P&Z 18, 2010 a Case No. 11-003 Public Comment Page 66 of 93 Public Hearing Item VI -C P &Z 18, 2010 •11.na tnq..t.a*m,wa >aoti;yt+eia+wsc {awcatah r.s •tit.{wve+t tsx+.r. ICI1 "aqua, .G.T.,.tri ra ooever:,.•sasnt,. `11iNxnJE,w0r;” y . P' 111irr ur the B©rougil Asser`'nbly 'Chamber, 710 Mill Bay Rdad, Kodiak, Alaska, bfore4,the Kodiak lsland j Borough Planning and Zoning Commission, to hear comments if any, on the following- iequest: CASE: H-003 .APPLICANT: John Zhitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial on . including Asphalt Batch and Mixing Plant, Manufactuiing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the arca of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments must he received by 5 tint. Au„u-+ 3. 2010 U. he considered [IV a11e .+,mntiision. the c•,m,nd,S.ri 4: shall nut r•rnr,aidcr auk ucn- ;HP/Mallon .submitted less than ,ft•rteru 115) days prior to a regular meeting dare (1'lunning Zoning Fldtnra amended June 16. 2010). You may fad your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number Is 486 -3231. The Alaska toll free telephone number is.1- 800 -478 -5736. One week prior to the regular meeting. on Wednesday, August 11, 2010. a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room 0121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions I. 1I`L questiionssjabout the request or your appeal rights, please feel free to call us at 486 -9363. Your Name:' �ol ,c11OC Ctih Mailinpaddrrss: 111-(96 14) pQ7.a.il. -0C C1 Your property description: i••'a, %.f� %7,4615/rL(��r �_(� �_ t _ Comments: (.V&. Covv -s2 rme ()V c,iit +\11144 ile-VA AA ∎I`e-- L L. (t Q , Alp coN V`4n CLG�� C ~C5`h �1r` hQ `�icJA [a i7�11 Tr_°U\ t44. *t^-' rw utit.,t ,) s , V, vLS nrt o\. ,i-v2A- '1,,n, %-l-t 3 Q. �1 -(( s 4 VNA0/14.. — tS, 41A./ lr L -E ( w- ii ti ><Y1 1 tit.,i _ t� ♦ Cl Gam' i s t ' N{�. l�t � 411_ 1r . IUt e-x� \Gl.. l c3"1i 15 el- [i Gv r r ) U]1'✓l� T t'\.(..51 \ 1 Ac7 r C. a rc) f-2f l t)-- t� c l °` cc-IAA G n 1/1)1/16 ut at" 10o t. r-' e 1 • ' ST- uSt oL 7 LGe— J YG c 4. A .-' C. (A—CA/L Gt S %` ttYtQ ` Z� 1 r ~__ _ E c E D U*E AUG - 3 2010 COMMUNITY DEVELOPMENT DEPARTMENT Case No. 11 -003 Public Comment Page 67 of 93 P&Z 18, 2010 Case No. 11-OU3 Public Comment Page GBof93 Public Hearing Item VI-C P&Z 18, 2010 Petition to Deny the Approval of Case 11-003 The contaminated soil storage and remediation permit application for 465 Sargent Creek Road should be denied because: 1. The Kodiak Island Borough does not have a publicly available document detailing Borough plans for contaminated soil storage, remediation, and disposal. 2. The site is inappropriate for contaminated soil storage and remediation e flits to meet minimum standard guidelines found in the State I treatment regulations at 18 AAC 75.370. Specifically, E C E AUG - 3 2010 ". COMMUNTY D OP D tore contaminated soil A) 100 feet or more from surface water...". (p. 99) 10..• ;T 11L .1„ rdered by water on two sides and prone to flooding. The immediately adjacent Russian Creek, recognized by ADF&G as hosting Pinks, Coho, Chum, and Dolly Varden, is a sport fishing and bear viewing destination for Kodiak community families and tourists. 4. The permit application fails to meet objectives outlined in the Kodiak Island Borough's Womens Bay Comprehensive Plan Update including: a. "No new industrial activities will be permitted in the Core Plan area." (p. 34) b. "Minimize development in rivers and creek flood plains..." (p. 43) c. "...protect the Russian River and Sargent Creek drainage areas through the creation of greenbelt." (p. 36, 44) SIGNATURE Case No, 11-003 Public Comment Page 69 of 93 DATE ilb giVio 410 Public Hearing Item VI-C P81 18, 2010 Petition to Deny the Approval of Case 11-003 PRINTED NAME osv %oy\e... NATE Fri74-EOLO :CDO„y\ Lvec ./1/1a dc C ;Asa, kcL 5\•6\11\ ReAtirs, ) ic4;.)‘r4L SIGNATURE c)A-'otti Case No. 11-003 Public Comment Page 70 of 93 DATE 2-31° 25/5h 0 a/ zizo si 3/10 0/10 s131ro 31Vio 16 (715110 ( 0 0. 3 3 - Public Hearing Item VI -C P &Z 18, 2010 Petition to Deny the Approval of Case 11 -003 The contaminated soil storage and remediation permit application for 465 Sargent Creek Road should be denied because: 1. The Kodiak Island Borough does not have a publicly available document detailing Borough plans for contaminated soil storage, remediation, and disposal. 2. The site is inappropriate for contaminated soil storage and remediation because it fails to meet minimum standard guidelines found in the State of Alaska soil treatment regulations at 18 AAC 75.370. Specifically, "...(2) store contaminated soil (A) 100 feet or more from surface water... ". (p. 99) 3. The site is bordered by water on two sides and prone to flooding. The immediately adjacent Russian Creek, recognized by ADF &G as hosting Pinks, Coho, Chum, and Dolly Varden, is a sport fishing and bear viewing destination for Kodiak community families and tourists. 4. The permit application fails to meet objectives outlined in the Kodiak Island Borough's Womens Bay Comprehensive Plan Update including: IL AUG -320- new industrial activities will be permitted in the Core Plan I I (p. 34) ize development in rivers and creek flood plains..." (p. 43) otect the Russian River and Sargent Creek drainage areas h the creation of greenbelt." (p. 36, 44) rou COMMUNIN DEVELOPMENT DEPARTMENT PRINTED NAME Vebra. Rat 74' *fteottere 4.badia J rev i= 5c» SIGNATURE Case No. 11 -003 Public Comment Page 71 of 93 DATE 13/10 `;3//0 eyyzozo -1® .3 AO Public Hearing Item VI-C P&Z 18, 2010 Petition to Deny the Approval of Case 11-003 PRINTED NAME kfc_ 6/viDe9- SIGNATURE Case No. 11-003 Public Co e ment Page 72 of 93 DATE 69/-3A a/3/0 203pcs si3p0 v1.740 s136.0 T/37/0 6/3/4I 3 - 3 L. if 0 (/5 Public Hearing Item VI -C P &Z 18, 2010 Petition to Deny the Approval of Case 11 -003 The contaminated soil storage and remediation permit application for 465 Sargent Creek Road should be denied because: 1. The Kodiak Island Borough does not have a publicly available document detailing Borough plans for contaminated soil storage, remediation, and disposal. 2. The site is inappropriate for contaminated soil storage and remediation because it fails to meet minimum standard guidelines found in the State of Alaska soil treatment regulations at 18 AAC 75.370. Specifically, "...(2) store contaminated soil (A) 100 feet or more from surface water... ". (p. 99) 3. The site is bordered by water on two sides and prone to flooding. The immediately adjacent Russian Creek, recognized by ADF &G as hosting Pinks, Coho, Chum, and Dolly Varden, is a sport fishing and bear viewing destination for Kodiak community families and tourists. 4. The permit application fails to meet objectives outlined in the Kodiak Island Borough's Womens Bay Comprehensive Plan Update including: a. "No new industrial activities will be permitted in the Core Plan FE c -E f y Ne . 34) ze development in rivers and creek flood plains..." (p. 43) ect the Russian River and Sargent Creek drainage areas oug the creation of greenbelt." (p. 36, 44) 9 i COMMUNITY DEVELOPMENT DEPARTMENT PRINTED NAME Lid- d b./4 4" L.avey Al'r( Cif P.54: e 5 /e6vi- . figk SIGNATURE DATE 3--- /d r/SA /b Ike z /v . Ir..� 8 - -3 -10 e-3-/b Case No. 11 -003 Public Comment Page 73 of 93 110 Public Hearing Item VI-C P&Z 18, 2010 Petition to Deny the Approval of Case 11-003 PRINTED NAME sVa Ripit One: #11 PVC) IGNATUR Ckd (ct„voio,_c :P-2P1 I—C 671r/615 Yle/ DAT 9(310 Z-13116 25/5 fio (coio 513 to ge- 3 -1c2 /3/2(4,0 V3/2a/ 0 Case No. 11-003 Public Comment Page 74 of 93 Public Hearing Item VI-C P&Z 18, 2010 Petition to Deny the Approval of Case 11-003 The contaminated soil storage and remediation permit application for 465 Sargent Creek Road should be denied because: 1. The Kodiak Island Borough does not have a publicly available document detailing Borough plans for contaminated sail storage, remediation, and disposal. 2. The site is inappropriate for contaminated soil storage and remediation because it fails to meet minimum standard guidelines found in the State of Alaska soil treatment regulations at 18 AAC 75.370. Specifically, "...(2) store contaminated soil (A) 100 feet or more from surface water...". (p. 99) 3. The site is bordered by water on two sides and prone to flooding. The immediately adjacent Russian Creek, recognized by ADF&G as hosting Pinks, Coho, Chum, and Dolly Varden, is a sport fishing and bear viewing destination for Kodiak community families and tourists. 4. The permit application fails to meet objectives outlined in the Kodiak Island Borough's Womens Bay Comprehensive Plan Update including: q, "."No new industrial activities will be permitted in the Core Plan E C y 34) b. "M ze development in rivers and creek flood plains..." (p. 43) ect the Russian River and Sargent Creek drainage areas the creation of greenbelt." (p. 36, 44) PRINTED NAME 14e..AtAce TVAgQ,1 fOne,X 614 0641t-Odhnswi SIGNATURE DATE ij,w 7% FT/V/0 L4awley qta149- `grAt)/ / ID 67/3/ Case No. 11-003 Public Comment Page 75 of 93 aPublic Hearing Item VI -C P &Z 18, 2010 Petition to Deny the Approval of Case 11 -003 PRINTED NAME r"u a Noire Lho ko.. LqvoriA \ARK5m e;K fitinSap -L SIGNATURE 0.,/4 Case No. 11 -003 Public Comment Page 76 of 93 DATE S /3 /0 ti5i1D Sri ; //a `,,• Public Hearing Item VI -C P &Z 18, 2010 Petition to Deny the Approval of Case 11 -003 The contaminated soil storage and remediation permit application for 465 Sargent Creek Road should be denied because: 1. The Kodiak Island Borough does not have a publicly available document detailing Borough plans for contaminated soil storage, remediation, and disposal. 2. The site is inappropriate for contaminated soil storage and remediation because it fails to meet minimum standard guidelines found in the State of Alaska soil treatment regulations at 18 AAC 75.370. Specifically, "...(2) store contaminated soil (A) 100 feet or more from surface water... ". (p. 99) 3. The site is bordered by water on two sides and prone to flooding. The immediately adjacent Russian Creek, recognized by ADF &G as hosting Pinks, Coho, Chum, and Dolly Varden, is a sport fishing and bear viewing destination for Kodiak community families and tourists. 4. The permit application fails to meet objectives outlined in the Kodiak Island Borough's Womens Bay Comprehensive Plan Update including: a. "No new industrial activities will be permitted in the Core Plan area." (p. 34) b. "Minimize development in rivers and creek flood plains..." (p. 43) c. "...protect the Russian River and Sargent Creek drainage areas through the creation of greenbelt." (p. 36, 44) PRINTED NAME - -Fon; Atot'? s ( _ ECEIVE D ':OMMUNITY DEVELOPMENT DEPARTMENT AUG - 3 2010 SIGNATURE Case No: 11 -003 Public Comment Page 77 of 93 DATE V 3" /O 0 Public Hearing Item VI-C P&Z 18, 2010 n to Deny the Approval of Case 11-003 storage and remediation permit application for 465 should be denied because: 1. The Kodiak Island Borough does not have a publicly available document detailing Borough plans for contaminated soil storage, remediation, and disposal. 2. The site is inappropriate for contaminated soil storage and remediation because it fails to meet minimum standard guidelines found in the State of Alaska soil treatment regulations at 18 AAC 75.370. Specifically, "...(2) store contaminated soil (A) 100 feet or more from surface water...". (p. 99) 3. The site is bordered by water on two sides and prone to flooding. The immediately adjacent Russian Creek, recognized by ADF&G as hosting Pinks, Coho, Chum, and Dolly Varden, is a sport fishing and bear viewing destination for Kodiak community families and tourists. 4. The permit application fails to meet objectives outlined in the Kodiak Island Borough's Womens Bay Comprehensive Plan Update including: a. "No new industrial activities will be permitted in the Core Plan area." (p. 34) b. "Minimize development in rivers and creek flood plains..." (p. 43) c. "...protect the Russian River and Sargent Creek drainage areas through the creation of greenbelt." (p. 36, 44) PRINTED NAME Ceo c, 6 4/zzgAwd oyzikraz DN D6Seace cnu Doocafe SIGNATURE 198600 J4evized-4 1ver Case No. 11-003 Public Comment Page 78 of 93 DATE c( 1°`. g 71-2, Public Hearing Item VI-C P&Z 18, 2010 August 2, 2010 To Whom it May Concern, We are opposed to John Zbitnoff's request for storing contaminated soil at his 465 Sargent Creek adress. We would like to see the K.I.B. find a location that is not near a residential area or 2 salmon streams to locate contaminated soil. We would like to suggest the possibility of storing the contaminated soil at the current K.I.B. dump site and then use it in the future for coverage at the dump. Because contaminated soil seems to be a problem that is not going to go away anytime soon, we would like to see the Boro find a location and designate it for this purpose only. If the dump site is not the way to go, then we feel the, boro needs to assign a specific piece of boro owned property for this use . Sincerely, c_j Jim Rippey, Cathy Wilson 4u-t-9700 FillECE AUG -32010 COMMUNITY DEVELOPMENT DEPAR-MENT Case No. 11-003 Public Comment Page 79 of 93 • Public Hearing Item VI-C P&Z 18, 2010 Lef Case No. 11-O03 Public Comment Page 8OufB3 ECCDt *I,(l AUG -32010 Public Hearing Item VI -C P &Z 18, 2010 KOIIHAK ISLAND B 01' OUCH ITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing item VI -C [alum .0 PMENT D • T E T on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: H-003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A. to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone. including Asphalt Batch and Mixing Plant. Manufacturing or Refining (KIBC 17.105.010.0) or. Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a propeny owner /interested party in the area of the request. Jf you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments must by received bs 5 pm. At L i 3. 2010 to be ennsidered by the i U LIC HEA'':. NG NOTICE [alum .0 PMENT D • T E T on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: H-003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A. to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone. including Asphalt Batch and Mixing Plant. Manufacturing or Refining (KIBC 17.105.010.0) or. Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a propeny owner /interested party in the area of the request. Jf you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments must by received bs 5 pm. At L i 3. 2010 to be ennsidered by the commission. Mr commission shill nor eunshier any flint- ifrf 1rmiuhn: ..,,omitted Ie v than fifteen (1 5) dais prior 0' r, re;;rtlur rnecri,n, dare (Manning Zoning Bytarry amrnrlyd June 16. 2010). You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your continents during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800- 478 -5736. Onc week prior to the regular meeting. on Wednesday. August 11. 2010. a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (0121). to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this 4f8�6- ,93366j3. request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Namn� c'I 1 � JTI� Mailing Address: 1 �/BO - I 942. k cQ .74- ` _ Q _p �� your property description: 7 k. U.716-1r ''tit . '4l9 Z t6 P •vr'1 , a er at % Comments: %.�' JL..'. GU S - `fie // »7 ' ' • f3a , L... h�'.L' .- AL�, ' ' A IWE -:a - '' I i ii :=�i /),.� L.' i..1 i t2i i 4 Y4FX 2 I. r � fi L r a !— - dif I�r �I / a..i Iit) 1E1 1 a .07.,._ L. . Lot Ord a/LCa_ , r a . 'fir ' ..L! • is . / ' 1 / Q ' 1L►.' A%t .Lr /' - -i4� ...ei i '4' i . 1 eg c�, ha_- -teti--5 j�, i , 7.-it Case No. 11 -003 Public Comment Page 81 of 93 In Public Hearing Item VI-C P&Z 18, 2010 Case No. 11-003 Public Comment Page 82 of 93 Public Hearing Item VI -C P &Z 18, 2010 KODIAK ISLAND BOROUGH UNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 u Public Hearing Item VI -C IC HEARING NOTICE AritiitiblidEllikOPIEPRABINE8I on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Brraagh Assembly Ch mbers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 11 -003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. L ©CATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments must be received by 5 urn, August 3, 2010 to be considered by the commission. The commission shrill not consider any new information srrhwik'd less than fifteen (15) days prior to u reglad,' meeting dote (Planning Zoning Bylaws canenrletl.tune 16, 2010). You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 - 478 -5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Shanna Torgerson Mailing Address: 27o5 Mill Bay Rd Your property description: Block 1 Lot 23 Russian Creek Comments: I wish to voice my support to allow Mr. Zbitnoff to use his industrial property fnr 1agl and allnwetl iurlus -t1 111..17 Case No. 11 -003 Public Comment Page 83 of 93 T nt Le • Public Hearing Item VI-C P&Z 18, 2010 a.e nail ank Case No. 11-003 Public Comment Page 84 of 93 Public Hearing Item VI-C P&Z 18, 2010 �flQLe1. St- I OA 6-b &IAA." 4Y) .f bfr. tihte H 1 i COMMUNITY DEVELOPMENT DEPARTMENT 2_co6 ,1TmTHpp Case No. 1 1-003 Public Comment Page 85 of 93 Public Hearing Item V1-C P&Z 18, 2010 fl ank Case No. 11-003 Public Comment Page 86 of 93 Public Hearing Item VI-C P&Z 18, 2010 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 MUI I14Y'Rottd, Kodkikh, Aja,giCaP961$ PUBLIC HEARING NOTICE Public eari Item VI-C' A public hearing will be held on W n ay, August , 10. The meeting will begin at 7:3 0 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, betbre the Rath* Island Bo otOWk....1 nbt Zoning Comuths�n.jo hear eon cntgifany. on the fo1Iowini request CASE 11-003 APPLICANT: JohnZbitnoff REQUEST: A Similar Use Determination, according to KE3C,17,15, 090.A, to alloy) the Storage of petroletun contaminated soil for the purpose of ADEC approved treannent, us a use that is similar in character and impact to permitted or conditional uses in the I-Industrial zone, including A.sphalt Batch and Mixing Plant, Manufacturing or R.cfitling O(IBC 17,105.-010.C) or, Petroleum or flammable Liquid Produetion, Reaping or Storage (KIBC 11.105.020.F), the letter use would also require a pow:11;101W use permit (CUP) review if approved is a similar use by the commission. 4¢S Sargent Creek Road 1-Industrial LOCATION: ZONING: This .notice is being sent to yoi becalm our reoii indicate you ere a property owner/interested party in the arch Of the re/Oen. ir you do not wish to !testify via-belly, you may preside your ccimments in the space below or in a letter to the Community Development Department. 1 0 . 5 us be *Fwt b • 4 • A . 7. ■ ett 1 24110 o 1 Iv n i. ' 'I* smn.:11+:441. The ivrharksillo 'Oak nut vuasigar any rioe inpeatation .sublirined leis than Merit (I5,■ dap p?lor to a fax your tom-merits to (917)486-9396. bearing section of the Ingetieg• The 41400-478-5734. will be hold at 7;30.p.m, in the. case. with the pomrhitsion'S decision Citf thig to call te; at 4864363. I,Op regain meeting dale (119nning Zeroing Aata++% am-Talethfaile Pl. 2014). You may To testify vie telephone; please call In your comments daringlhe appropriate:public local call-in telephone. number .41 4864231:T6 Ahab toll telephone munber O It prior to the regular mectingi. on Wednesday, August• 11, 2010, a week, sesaion Kodiak island Dome' Conference Room (#12..I), to review the pecker material fpr the Kodiak tuland Bort/ugh Code provides yoti with spetiGc optical .tiglx if you disagree requek ifyou have any questions about thoreque:40 parappcal rights, plife foci free Yesti Moo= ' ' i.-- a 14— ... "'n • V MoiliaRAddreis- rD 1 L-7 . 1 .111Plir i ' it VIM •WIMIMPINIIIII ' 1/M11102/12Z1111111111111111ti -. IMMIIIMIIIIIIIW1f4' . - l, . I' r E/ 'd 8Ditdi Case No. 11-003 Public Comment Page 87 of 93 **id eb:ZT en02-m-8al Public Hearing Item VI -C P &Z 18, 2010 Margaret L. Wall P.O. Box 686 Kodiak; Alaska 99615 �l ?1fik;E?�' cis 1�tltlska.�tet August 2, 2010 To: Kodiak Island Borough Planning and Zoning Commission Re: Case 11 -003 Request to store contaminated soil at 465 Sgt Creek Road. I live at Block 10, Lot 7E which is 11746 Bells Flats Road. 1 have owned the property since the early 80s, having purchased it from its first owner. oppose any plan to bring more :ornew hazardous materials into the residential areas of Belts Flats or other established and well - populated areas of the borough. !realize that the property in question is zoned for industrial Use. And I understand the thought process that brought the Industrial Use zoning to that lot. The problem 1 see is that in this day and age we know that industrial waste and Hazardous wastes of all kinds arc a lot more dangerous than was previously known to be. 1 can think of no reason why we should house or burn or distribute in any way hazardous materials near a densely populated residential community. The potential for drastic, dangerous harp is definitely there. The location is literally a stone's throw away from both a salmon stream and popular salmon river. It is right across the street from the tidal areas of Women's Bay. A leak of any kind, a bad flood, or an earthquake or tsunami could create a problem of major proportion. So could a leaching of hazardous materials into the water system that feeds the wells of more than 800 people. 1 believe thc danger ofpotential harm is too great. I believe the borough needs to have a plan for dealing with hazardous Wastes that doesn't include storing or burning or burying it near residential areas. 1 believe we, as a community, need to bite the bullet, set aside same land on the road system that's away from development and call it the place we put these dangerous materials (and thc future landfill). People are not going to like dedicating what now is a pristine area to hazardous waste disposal, but it is far better to do that than to continually risk the lives, health £ /2'd 9DI:01 Case No. 11 -003 Public Comment Page 88 of 93 :WOdd 0j7:5T ei2 -2a -end Public Hearing Item VI -C P &Z 18, 2010 and futures of our residents by r`zllowing heavy industrial setivities and wastes to cone into areas where people live. We already have heavy industrial business in Bells Flats (the asphalt plant, for instanoe).1 would like to see them moved some day, as well. The difference between that situation and this current proposal is that the asphalt plant is already there. We don't have to compound a toxic problem by allowing new development and storage in the area. Thank you for the opportunity to speak out against this potentially dangerous intrusion into our community, Sincerely, Maggie Wall £.£'d Oi)i ;oI Case No. 11 -003 Public Comment Page 89 of 93 • Public Hearing Item VI-C P&Z 18, 2010 Inte Le all nk Case No. 11-003 Public Comment Page 90 of 93 i� AUG -32010 J Public Hearing Item VI -C P &Z 18, 2010 0 ILK ISLAND BOROUGH COMMUNITY DEVECIOMMISENTTY DEVELOPMENT DEPARTMENT 710 Mel Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 .Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 11 -003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KiBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Matiufactiriig'br Rel-tning NBC 17.105- 010.C) or, Petroleum or Flamrnable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owncr /interested party in the area of the request. If you do not wish to testitj, verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments must be received by 5 Dm, Aueust 3 2010 to be considered by the contuiss)oln. The conunission shall not consider any new information submitted less than fifteen 05) days, prior to a regular meeting date (Planning Zoning Bylaws amended Jane l6, 2910). You may fax your comments 1o'(907) 486 -9396. To testify via telephone, please call In your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska ton free telephone number Is 3-800- 478 -5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7 :30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the ease. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any �quuestions about the request or your appeal rights, please feel free to call us at 486-9363. YourNeuu: JA.n YY -nts� manna ddreuz, /OQ cob L3 -a iLiO q�p,.eA 2. Yanr property deaerlptlus: i o O A` 8 e t) 6.1.4 0,....e - co.... aA .. • • —.. • w • e-r- .a L.A. • • 1)t •.. `r -'i.� _ ..1 I ■.. p A. ..•a. .. . a• ..6 •.ate 4.: 41�>t•` % ■ L- 0e1e .Y on'. IL ALIfilalle �J�15 Id 'M,i til� . s 1. . -. -- . ■■. '411.. - • _•.. . .1 Ll A• ::L c 1. . a : ■ e• Nth Lt 1 1.� 12 ati cy� aa,,,r..trN. 0, I ft f Je t-. 14) G.T.tnuu�C1-' Nt 0.,67 — I ,L.:.d =3L V 3t~ �. i.e t i,y,- - ,.,.. ;F ;mot a tip • - - .-.l` 'tL• '. •. i. .c• ... — VGA= y7- -Q--/n� 1. .. ■ . A 1L. ._. -U .a,, I .tea at • ' ► : !� 11 1. _ -� . -C ' `tA.c e.,tp 1S (8.ga cam.. QAJt ,-e,3 a. A) (t tsi 1.a n`t t, vt. - p 1 i _ • • . t Case No. 11 -003 Public Comment Page 91 of 93 This et Lef Public Hearing Item VI-C P&Z 18, 2010 a Case No. 11-003 Public Comment Page 92 of 93 E AUG - 3 2010C Public Hearing Item VI -C P &Z 18, 2010 KODIAK ISLAND BOROUGH UNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item V1 -C iJui�ITY DEVELOPMENT DEPARi. "JEi UBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: 11 -003 John Zbitnoff A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use perrnit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments must be received by 5 pm, August 1 2010 to be considered by the commission. The commission shall not consider any new information submitted less than fifteen (15) days prior to a regular meeting date (Planning Zoning Bylaws amended June 16, 2010). You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800-478 -5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: .6a re r E' , I •`41 1 ri Mailing Address : {p 0 C "Pre S46 it 4 I Your property description: etc re ('arot.t; Lo;4h1 °ITS" L+r -Q( OAProsiali 0-P IF k' km pi DIZ,v" /)1j Comments: �y-, -�lf ..� 11 01-1- -Ito() tii 57`'< n f 71 f?z.//,5 fin-is rr'S' i 4 - S fcps e au rej a Lir ,),l, (lea -r' 6-E' ,5v 11 r)'1'- 4t.�___ ��tt al ct 7 .- /s p -r- L..)-e{k , 5-to ri hi C71i re 'ily 1 f DJ/ 114. :s ' a' Act' (c' .r) t6T n 7t ci 4-e-, + 5,) i I ,Sc' c'� 5 e —f o -f -A.;v (,tier ;s cl )--a in co, I, se-i /n6-15 / 7 i "Py1% (MICR eR r?1 10 /)`? . / C42.44717 , / ` c1 Ii 6� 1-a I-3 2 4fie r, v --r— --o t v-c.rl - -r(r .., j - .- . p -�t l ,,,,- f n�YY∎ rl- - tt�St' Sd ; 1 1 s C P .- -74) O k r- - 511 / 7f et--/ L,: a G ✓J �r%1tJ" 7D iYiP. za;{�- 1970/I; zd - rry . ? /,eg. -ifl .c 7 / t! • L. -� ev � r -+2_e , at( - LJ Ed Y in,u:l. l' r5.-ea.--( k! ` Case No. 11 -003 Public Comment Page 93 of 93 Aug 27 2010 11:32 USCG BASE KODIAK CHP ECEOVE AUG 2 7 20100 ttblic Hearing Item 6-C P82 September 15, 2010 8074674963 p1 iA/K ISLAND TROROUGli Y LOPMENT DEPARTMENT Alaska %X t5 COM Public Hearing Item VI-C AliNG NOTICE A herinwi1I be held On Wedliesday September 1,5;2010 The meeting will begin at 730 p.m, �ortugh Mzcmbty Chninhers 710 .Mill Bay Road., Kodiak Alaska, before-the Kodiak Island Q sioo,hear comments if war on the followirar request: VASE: Rg9LIEST: A $mi1arUe ietermmaton, . rig to KTBC 1715,(90.A, to allow the storage of , .•.ti.o)eurn,eortt.aniittate-4.0i):forthe pAirtpost.of ADEC approved -treatment, as a use that iiirnitar in eltaiact47.-nnct kap* 10 ,perrnitted,:or condi;ional uses in the I-Industrial 'zone, inelnetirng Asplittit.BatCit and Mara; Manufacturing OT Refining (KIBC 17 1 5 010 ) or., 1crom or FLInunable. Liquid Production, Reuling or Storage aisiaw ttse:OiRmid'aIso-,mquiiv conditional use permit (CUP) LOCATQN evew 444- ariOnf Crek Nti40t. 1,iiiduotriot Milt' liefitt bci ....,telitlii.yoU beaz ist 'Our treOnii indeate ryOu are a. prOp6rizi augur/interested party in the ama ef the tequestAr you clo not wish n tactii verb4Y, 'yri0 -may:piCtilcie you coalinett% in the space bel w or in a Feuer to the ;I,: ITCOISSPV : pol, Atiptatirli1,2.1. tt) E., i?y ,eimietell.11 1 conitutrnitypei■istdfent Deptutinen Writie:L t....n.ua !n_tviiikengi c*:c_w_iiiiattg., The esiimittrito.../ .N-hilk isiA 4:4911:916fee• 1•1412L, rten..itilittnitiglirri lkiwitrert r fens MO, fifttiw iI9 ata.V:v Prior t(. a itrJ a‘.rdea-oil Jaw glaltrayag 41th.14 614".i,:±- 0.6:v:whit .hinc--14,-2CITOI, YoU -nay: fax'. your ibm eats to (907) 486-9306: To :_. ..itoeteolioiiikoNiicomukiiii,ioiliiiiiit(*iiliigilient4i-laii.inblic betxritag see ' 6 or the meeting. The 'tutor " qn..6deplicitie.:amilibieft.:4Mt3.1::.Thi A.-ItiiiitoliiIite4e hiftehottcrlonrheris.1400473-5 36. One week pifor to the regu1armeiOng,..ton:**Itt.ciiiiay;$cpternber.8, 2010, a Wuric session will be e1d at /00 p.m. in the 'ketlf*iitan4 .13orCeash..0.witzieneelis: xiiii (#121), to..revicnvtlie packctinaterial for the case. I KOdi* it1an4atet6.42, Cate prialii4e0:yoti'' with Vedift6. arpiidial. HO% if yoci ditaktet with the CominAssion's decision kw this - untit„Ityou hlwelliiyAtiebtioria ' iitie'iettueit ceyokit'appeal rights; pink -fl free -to call usi,at 486-9363. 'MarlfeigActiliess_ .140rptilpgrlidie.sC011,••, 7, , , .. , . . • • ... , . .00-110140itir, 4.6 .. r .— .,. "G • Web , .;.. .„ . . , r , ■ c w _ , . , • . 'iLi: . . . , 9 ,, • 4 -- , ,17.t..4 . AA ..- AAA A . . . . . ILIA., ..-. L. r 'r• , • - D EL vatitor2.4. ,r,,,t 6 ESA /5 hi:1pp v . .. 1. . .- - ... AIL., . l. • -- -.. •..... a... . . ../..t ..,_ wc • . .. _ ° ;-di ■ ; IC • ,.. .c • is . P. 'K. e 4.r±5. : 'al A 9 I f -.'. . '''49 .. t. 4 k is_ . s_.• • r- c- . ---- Case 11-003 September Public Comments Page 1 of 4 Hearing Item 6-C P&Z September 15, 2010 Case 11-003 September Public Comments Page 2 of 4 ECE 11 rk akblic Hearing Item 6 -C P&Z September 15, 2010 ®.DIJAK IRAN 3 ; ()ROUGH TY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item Vl -C IC HEARING N TICE A public hearing will be held on Wednesday, September 15, 2010. The meeting will bean at 7:30 p.rn. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 11-003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KI13C 17.105.010.C) or. Petroleum or Flammable Liquid Production. Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: 1- Industrial This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally. you may provide your comments in the space below or in a letter to the Community Development Department.: . •.,+ • , ,r . , ,,,_L___- --. --___ _ _, - , •. • . You may fax your comments to (907) 486 -9396, To testify via telephone, please call to your comments during the appropriate public hearing section of the meeting.'ncc local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 -478 -5736. Onc week prior to the regular meeting, on Wednesday, September 8, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room 01121). to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: k 3 110 -€VI. 5e,bolkli V00c1(1blailir.�:Address: 3011 5pvitce c ect, 5p Your property description: � III O (p 5 , '1u55 icon Creek .A . Comments: %1► IDK 1-1 c. Bells Flak-) rYb .f t}vaii/lZrS WC, 05-e_ -tivc, ro c, ect use of i cincL a Kt i t-, t Cv c k en CW1t'. c r- (eabitPnf ?r 0p ►OS 010'1 1+1Cit,,lcdC o1-Cr1 h.a.( 5tAc CO ttgmtncat- ci 6-0k i - ri.4.tei pa of +ex%v1 -5 i'ih1 ek 15 (f J visUotc. 3a1 ten im 5÷i e ul-Nl ail aL -ike- 14.nS',Al /tfLi ✓c lilts c ,)feral, WC14d. .prL -€ t. "riv- of 4,5sivti of -t-Li s 011te Y 6011 has p frrittu.E -j-D htrrY' Ic -'-t re,5 iatnt5 tiVittl c we atithd ut't, -etc l cr L s.sr- vvou.(c( -1--, ,,., trtancLt t a p rC, Cu 1m3 bver5 i 14-1- a F NALl/t KS-c ate, o f -tkk (v1 a to ad_ect4,, / Aix 4. accctltv>.ts 40 occur. It wouta. bt uh u,vlecct s a irts 40 GornlmerCJa W� ltd 4. S1)o'(t a( 60) stl-t'lc& .65hCrma� . f,Y►�lly i 5 - a� da, its i lv►dus*1al 1.15 .6 of- (AKA -eh, 4- 15 -4' &}' W "I'D a- 1 ot/e (c t/EC it li boy hoer'( ah 4 re crc Jt on to ca.Le.. k -e9 —Fitt, Qs.fs al—AO 014 etliti 1 F241 .- Case 11 -003 September Public Comments Page 3 of 4 in blic Hearing Item 6-C P&Z September 15, 2010 a e e nk Case 11-003 September Public Comments Page 4 of 4 Public Hearing Item VI -C P &Z August 18, 2010 MEMORANDUM DATE: July 9, 2010 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the August 18, 2010 Regular Meeting CASE: 11 -003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15.090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the 'commission. LOCATION: Tract E of Tract A, Bells Flats Alaska Subdivision, per Plat No. 81 -8 ADDRESS: 465 Sargent Creek Road ZONING: I- Industrial Zoning District. Ten (10) public hearing notices were mailed on July 7, 2010. Date of site visit: July 17, 2010 1. Zoning History: The 2006 Womens Bay Comprehensive Plan Update and the 2008 KIB Comprehensive Plan Update both designate this site for Industrial use. An offer to trade Tract E of Tract A, Bells Flats Alaska Subdivision for another parcel of borough land died before the KIB Assembly in 1991. A CUP to allow an eleven (11) unit Single- resident Occupancy (SRO) apartment building was granted by the commission in Case 96 -004. There is no indication that zoning compliance was requested for the SRO and the apartment building was not constructed. As a result, the SRO CUP became null and void. An Asphalt Batch Plant was subsequently permitted for the site in June 2000 by Zoning Compliance Permit BZ00 -045. 2. Lot Size: 3. Existing Land Use: 77,275 square feet Undocumented Outdoor Storage Case No. 11 -003 Staff Rpt Page 1 of 16 Public Hearing Item VI-C PliZ August 18, 2010 4. Surrounding Land Use and Zoning: North: Lot 7, USS 2539 (USCG) Use: Vacant Zoning: C - Conservation Zoning District South: Ptn. Lot 1, USS 2539 (Russian Creek) Use: Vacant Zoning: C - Conservation Zoning District •East: Undeveloped tideland (across Chiniak Highway) Use: Vacant Zoning: C-Conservation West: Block 4, Tract A, Bells Flats Subdivision Use: Slaughterhouse; Apartment; Recycle Business; Gear Storage, etc. Zoning: I-Industrial 5. Comprehensive Plan: 17.10.030 Comprehensive plan. For the purpose of this title, the Kodiak Island Borough comprehensive plan consists of the following' documents: A. Kodiak Island Borough comprehensive plan update dated December 6, 2007, prepared by Cogan, Owens, Cogan, and the Kodiak Island Borough;... F. Womens Bay Comprehensive Plan Update. Prepared by the Womens Bay community and the Kodiak Island Borough community development department. The recommended guidance accompanying the Recommended Land Use Map (p.46) of the Womens Bay Comprehensive Plan Update had this to say about land designated for Industrial use: "This category is intended for economic uses that result in increased jobs and tax base to the Womens Bay area and the Borough as a whole. This category should include industries and distribution/warehouses that are not generally compatible with residential uses typically found in suburban areas. Four criteria guide the location of large tract industrial .uses: transportation access, water supply, lack of incompatible existing land use topography. An area of approximately 45 acres is recommended as an excellent location for employment uses. Prime roadway access in this area provides great connections to business centers throughout and beyond the region. A number of natural gravel deposits exist in the Womens Bay Planning Area. Such quarries should also be protected from encroachment by incompatible land uses that may be sensitive to blasting, dust and heavy trucking operations. Areas around quarries where active blasting is Case No. 11-003 Staff Rpt Page 2 of 16 Aug 27 2010 11:32 USCG BASE KODIAK CHP :L II AUG212010C Public Hearing Item V'I -C r:(1MMUNiii DEVELOPMENT DEPARTMILUBLIC HEATING NOTICE blic Hearing Item 6 -C P &Z September 15, 2010 9074874963 P•1 KODIAK ISLAND BOROUGH UNITY DEVELOPMENT DYPARTMENT 710 Mill flay Road, Kodiak, Alaska 99615 A public heiring will be held on Wednesday September 15, 2010 The meeting will begin at 7:10 p.m. in the 'Borough Assembly Chambers, 710 Mill Bay Road. Kodiak, Alaska, before the Kodiak Island Borough Planning and Toning Comnilssion. to bear comments if any` on the following, request: CASE: 11 -003 APPLICANT: .John Zbitnef'f REQUEST: A SimilarUse Determination, according to K1BC 17.15, 090.A, ten atlow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted o- conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant Manufacturing or Refining (K113C' 17.105.010,0.) or, Petroleum or Flammable Liq id Production, Refusing or Storage (KIBC 17.105.020.F), the latter use would also uire a conditional use permit (CUP) review if appro red as a similar use by the commiss n. LOCATION: 465 Sargent Creak Road ZONING: 1.1ndusirial This notice is being sent to you because our records indicate you ate a property owner /interested request :1f you tip not wish tri tatiiy verbally, you may provide; your cotnme,i in the space b l Community Daveldprrtetu Department. .Writtrt, .. sin 1� us vnfK ht '-rrci trt_;,,un Dugong 30 2t thc:roam 74,4, cournrfPUS,:r %kati; ue,( e:,rnbidee Nut• new ir(/rrnur ;fra wtbnritotrl Awl; Moir Mire, iekt(iur mettJH; dub. t.P.'avrri:t1, /_onire;,; Ryrlar.+ am..:e401Jrrnr Prr. 2019 }. You may fax your cog To tat vtls -telephone, please call In your continents durI. gttae appropriate public bearing sect local ea&ln telephone member 15.4844731. The Alaska to free telephone number is 1-$0O- 478-3 One week prior to the regular meeting, on Wednea-day, September 6, 2010. a work session will be Kodiak Island Borough Conference /Loom (11127), to review the packet Ill ateaial for the case. Kodiak lalifod-Borougb Code provides year with specific appeal rigIns if you disagree. with the Commission's request, if you have any questions about the iequet or your appeal rights, please fl free to call u. ar 486 Yew Stott 1 ye � e..a,Ls. lvtaitisittAduresc 1 /44 6S" So. it vg.=rA4 party in the arta of the w or in a letter to the In t.. it1 tonsiderol liN Ill) thJ prior to a is to (907) 4R6 -9396. u ease meeting. The 34. c1d at 7:30 p.m. in the decision on this -9363. 044 P o , Y°"r properly ainctip+ Rl Lilkla ms s Coomeaar C9VL=!L. .y+ny '/ 0 YGA(&1 ar Iryrw.4. fou T711a 4,e)Mi4'4.03 BAy n t,- E A 1bctoyoTrlkir a Cabe r•sz ie-7 - L. A, r VT 7 it AvE to al. t}p b -'j.,. Rae a u0- tf•aectiaralafE r ab eaaA.s 114. 4A -v2.£ LI(.:E. . Ft�wrt.y awoke E. 4n QRA.w .. - rdL fa ! .-r, we t,pa v n+.1 S)48nQ Dl ttiL QsL0aet:N. -r-7. LS �.h.A.. K....s...ee6� rr9.4,rriU AA6 14 4 ..ra /t1 &% es -T,-4.E R ti •tr'i tuff t S� �R 44ES S Ataw , d Ck EA 1ik Aespc /NAT a q �c. &la e, ti Fzvtaa 6 /VC 15 y S R..an, -- Ai, ;t .ids n— pat kJ nek a ; A.¢F, z, F A. ttn i 4 M elms A. y l )e y . A/ :. r • c - _ a ) .- /_ .,,,. t4...-i ( glee A ,..- c at r* va I A W r -4 1V A Q3 s.311 e 9 L Cfne A,r r r'— .K T / r z D d 1 Li+ Case 11 -003 September Public Comments Page 1 of 4 )lic Hearing Item 6 -C P &Z September 15, 2010 Case 11 -003 September Public Comments Page 2 of 4 755 E C E AUG 3 0 M r� ktej iblic Hearing Item 6 -C P &Z September 15, 2010 ODIAK ISLAND BOROUGH 'ITV DEVELOPMENT DEPARTMENT 710 Mill Bay Road. Kodiak. Alaska 99615 Public Hearing Item Vl- AMUNIIYuLvLwrMtNTDtr TIC HEARING NOTICE O k1 c +1 V y t c t eU s F tcik ) prpinral 01414V-5 we. (omrnents: 1011+141. A public hearing will be held on Wednesday, September 15, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers. 711) Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning. Commission, to hear comments if any, on the following request: CASE: 11 -003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment. as a use that is similar in character and impact to permitted or conditional uses in the I- industrial zone, including Asphalt Batch .ind Mixing Plant_ Manufacturing or Refining (KIBC 17.105.010_C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.1'), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: 1- Industrial This notice is bang sent to you because our records indicate you are a property owner /interested party in the area of the request If you do not wish to testify verbally. you may provide your comments in the space below or in a letter to the Community Development Department. You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 -478 -5736. One week prior to the regulai meeting, on Wednesday, September 8, 2010. a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (0121). to review the packet material for the case. Kodiak Island I3orough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have anny1 questions about the request or your appeal rights. please feel free to call us at 486 -9363. Vour Name: t�)�IQE6J 11 Debo+�h�j(� ie I.Maitina Address: •3�0C115pat(e NE P , Your property description: f 1l k C ko S 5 tlit'1 Clr't; c e. t'�d • O k1 c +1 V y t c t eU s F tcik ) prpinral 01414V-5 we. (omrnents: 1011+141. t tppvSe -t- TroP()Sec( ux of iahcL c 1tt ct-1t- C� en raY1t.e • Oht.r rectoo�J fn.^ op oS it1 r— 1 1 ClkkeiCy, pc) try) ha T rqf 5105,n ffyr, cord-con,. A cJt d cc° t I rvl✓t d4 6 f -1 eXt[vl- 5 f ✓ltD 4 i V►wbtC., c'almor 5+(e &vet) any -the., Kol 5i`nl -t`tfy vtc -0'1tS')t7)(`l wcwld rc) -cn.t . —rS•e_ of( T ss ivi of -f-h i s of 1 cc(- Soil hits polenttcd -1--D haler Ia Ca- l in iat4t5 . 011' 14 C we A14h.i0cc1'c, -tIC 1Gwid Uscr- wou.(ce --f-k._4, Vnanc(4.1 -1.0 pi ,Cat-al s / 0vef5i3ht of-- yvlLrn LAS -C. av-, oi- fek. toadC w_c,tf, A.hcL acacia-Its 40 c(- c,u,r- If 1.41,71kla kc an me(k.c s a its IL -fo Go►m tnetuai f .6 SiV2rehait . fhai I -th ; w • t.t d IQ fl- AKA Seib st I�nce> � 5 �- an 45ly { lndf,tslYia1 � o(- lai■rl - a✓F- i5 -43,4 gAjtufct l +0 a- lovc(y ✓)c,qq boy hotrA 44a' fecrc 'un tocaie.. t~l ee9 --1-1,<" CiA'J ct ec BOAT! L Case 11 -003 September Public Comments Page 3 of 4 pIic Hearing Item 6 -C P &Z September 15, 2010 Irite 1 1UUI iah.- Left Blank Case 11 -003 September Public Comments Page 4 of 4 Public Hearing Item VI -C P&Z August 18, 2010 MEMORANDUM DATE: July 9, 2010 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the August 18, 2010 Regular Meeting CASE: 11 -003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15.090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: Tract E of Tract A, Bells Flats Alaska Subdivision, per Plat No. 81 -8 ADDRESS: 465 Sargent Creek Road ZONING: I- Industrial Zoning District. Ten (10) public hearing notices were mailed on July 7, 2010. Date of site visit: July 17, 2010 1. Zoning History: The 2006 Womens Bay Comprehensive Plan Update and the 2008 KIB Comprehensive Plan Update both designate this site for Industrial use. An offer to trade Tract E of Tract A, Bells Flats Alaska Subdivision for another parcel of borough land died before the KIB Assembly in 1991. A CUP to allow an eleven (11) unit Single- resident Occupancy (SRO) apartment building was granted by the commission in Case 96 -004. There is no indication that zoning compliance was requested for the SRO and the apartment building was not constructed. As a result, the SRO CUP became null and void. An Asphalt Batch Plant was subsequently permitted for the site in June 2000 by Zoning Compliance Permit BZ00 -045. 2. Lot Size: 3. Existing Land Use: 77,275 square feet Undocumented Outdoor Storage Case No. 11 -003 Staff Rpt Page 1 of 16 Public Hearing Item VI -C P&Z August 18, 2010 Surrounding Land Use and Zoning: North: Lot 7, USS 2539 (USCG) Use: Vacant Zoning: C - Conservation Zoning District South: Ptn. Lot 1, USS 2539 (Russian Creek) Use: Vacant Zoning: C - Conservation Zoning District East: Undeveloped tideland (across Chiniak Highway) Use: Vacant Zoning: C- Conservation West: Block 4, Tract A, Bells Flats Subdivision Use: Slaughterhouse; Apartment; Recycle Business; Gear Storage, etc. Zoning: I- Industrial 5. Comprehensive Plan: 17.10.030 Comprehensive plan. For the purpose of this title, the Kodiak Island Borough comprehensive plan consists of the following documents: A. Kodiak Island Borough comprehensive plan update dated December 6, 2007, prepared by Cogan, Owens, Cogan, and the Kodiak Island Borough;... F. Womens Bay Comprehensive Plan Update. Prepared by the Womens Bay community and the Kodiak Island Borough community development department. The recommended guidance accompanying the Recommended Land Use Map (p.46) of the Womens Bay Comprehensive Plan Update had this to say about land designated for Industrial use: "This category is intended for economic uses that result in increased jobs and tax base to the Womens Bay area and the Borough as a whole. This category should include industries and distribution /warehouses that are not generally compatible with residential uses typically found in suburban areas. Four criteria guide the location of large tract industrial uses: transportation access, water supply. lack of incompatible existing land use topography. An area of approximately 45 acres is recommended as an excellent location for employment uses. Prime roadway access in this area provides great connections to business centers throughout and beyond the region. A number of natural gravel deposits exist in the Womens Bay Planning Area. Such quarries should also be protected from encroachment by incompatible land uses that may be sensitive to blasting, dust and heavy trucking operations. Areas around quarries where active blasting is Case No. 11 -003 Staff Rpt Page 2 of 16 Public Hearing Item VI -C P &Z August 18, 2010 occurring or may occur should be reserved for one of the following use categories: agriculture, industrial, or public open space. Resource extraction uses include all uses associated with the operation of quarries, such as the extraction, storage, processing and transportation of the quarry product." Womens Bay Comprehensive Plan Update - Chapter 4. Goals and Objectives Goals are general achievements that the community wishes to accomplish in the future. Goals provide guidance for developing objectives. Objectives are specific and achievable projects in support of a goal. Land Use Goal: Guide the use of land in the Womens Bay planning area in a manner that provides for orderly and compatible community and regional growth. Goal: Maintain the rural residential setting of the Womens Bay Community. Objectives: a) Encourage new residential development while maintaining a minimum lot size of RR1 (40,000 square feet). b) Platted roads should be developed to Borough code prior to land sales. c) Support a centralized business and office use areas that follow the existing development pattern. Goal: Minimize conflict between different land uses within the Womens Bay Area. Objectives: a) Create a buffer zone between existing industrial and residential use areas. b) Develop light and noise standards for non - residential uses. c) Provide viable land uses for the Salonie Creek Area, including the feasibility of future recreational or resource extraction uses. Goal: Guide gravel material sources and extraction operations in the Womens Bay planning area that is mutually beneficial to residents and industry. Objectives: a) Conduct an industrial and resource extraction future needs analysis and site capability analysis to determine KIB land use supply and demand. b) Transition the location of industrial and gravel uses out of the immediate Womens Bay Comprehensive Plan Update residential area. c) Regulate hours and days of operation and permitted activities to minimize conflicts with adjacent residential areas as provisions in lease agreements. Case No. 11 -003 Staff Rpt Page 3 of 16 Public Hearing Item VI -C P &Z August 18, 2010 Jack and Lee Lakes Natural Use Area Goal: Address and resolve user conflicts between motorized and non- motorized activities in the Jack and Lee Lakes Natural Use Area. Objectives: a) Change the area's name to Womens Bay Park or Jack and Lee Lakes Natural Use Park to help identify the area to Borough residents and visitors. b) Develop a park, trails, and recreation plan for the Jack and Lee Lakes Natural Use Area. Public Health /Safety and Environment Goal: Minimize development in environmentally sensitive area. Objectives: a) Maintain a high quality natural environment within the planning area. b) Rezone portions of the B Parcels to public use, natural use, or conservation areas zoning classification or possible residential use. c) Implement the Alaska Coastal Management Program and the Kodiak Island Coastal Management Program in planning for appropriate coastal zone uses. d) Protect the Russian River and Sargent Creek drainages by establishing specific strategies through coordination with state and federal regulatory entities. Goal: Ensure adequate public services for the Womens Bay planning area. Objectives: a) Identify and prioritize needed road improvement projects in the WBC. b) Provide better fire service in the planning area. c) Addresses problems associated with private water /sewer systems. d) Provide an upgraded emergency evacuation shelter and support emergency procedures education. e) Support positive bear management practices as described in the Kodiak Archipelago Bear Management Plan. f) Designate a suitable location for a community cemetery. g) Designate a suitable location for a community school. h) Improve waste collection and disposal — Provide a transfer station and recycling center to be located in the core area. Case No. 11 -003 Staff Rpt Page 4 of 16 Public Hearing Item VI -C P&Z August 18, 2010 COASTAL MANAGEMENT APPLICABLE POLICIES 4.4 Enforceable Policies B. Coastal Development Policy B -1: Multiple Use a. Structures or dredged or fill material placed in coastal waters shall be designed to minimize the need for duplicative facilities. Consistency: N /A. This project does not involve the placement of material in coastal waters. b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to siting of facilities in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. Consistency: N /A. This project does not propose siting of structures or placement of material in coastal waters. Policy B -3: Dredge and Fill Activities a. An applicant for a project that will place structures or discharge dredge or fill material into coastal waters must include in the project description measures that will limit the extent of direct disturbance to as small an area as possible. Consistency: N /A. This project does not involve the placement of structures or material into coastal waters. b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to placement of structures in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. Consistency: N /A. This project does not involve the placement of structures in or adjacent to coastal waters. C. Natural Hazards Policy C -1: Erosion and Landslides a. Proposed development and resource extraction activities in designated erosion hazard areas shall: 1. Minimize removal of existing vegetative cover, and 2. Stabilize soils and re- vegetate with native species for areas where development necessitates removal of vegetation, unless re- vegetation activities would cause more damage. Consistency: N /A. The project location is not located in a designated erosion hazard area. b. Subsection a applies to areas designated as erosion hazards under 11 AAC 114.250(b) as described in Section 4.5.2. Consistency: N /A. The project location is not located in a steep slope area or identified as within an erosion hazard area. D. Coastal Habitats and Resources Policy D -5: Wind Generation and Bird Habitat a. The applicant shall incorporate measures into the project description regarding the siting of wind generation projects to minimize mortality to birds. These measures shall include, but are not limited to, installation of turbines on the tallest towers practicable for the site, configuration of towers to reduce the likelihood of bird strikes, and use of tubular towers, fully enclosed nacelles or other appropriate technology that has been demonstrated to reduce bird mortality from wind turbines. Consistency: N /A. The project does not involve a wind generation project. Case No. 11 -003 Staff Rpt Page 5 of 16 Public Hearing Item VI -C P &Z August 18, 2010 b. This policy applies to uses and activities related to the Energy Facilities Standard 11 AAC 112.230. Consistency: N /A. The project does not involve the development or construction of an energy facitty. H. Recreation Policy H -1: Protection of Recreation Resources and Uses a. On public lands and waters used for recreation activities within designated recreation areas or on private lands and waters within designated recreation areas where the landowner has granted formal permission for recreational activities, non - recreational projects and activities shall be located, designed, constructed and operated to avoid significant adverse impacts to recreation resources and activities, including access and scenic views unless a comparable altemative recreational opportunity can be provided that would not decrease the quality of the recreation experience in another area. Consistency: N /A. This request does not involve the use or development of public lands or waters used for recreation or any other public purpose. b. Access through water bodies shall be maintained. 1. Fences shall not be constructed across streams, 2. Bridges must be constructed at least four feet above the ordinary high water mark, 3. Structures, other than weirs, shall not impede travel by watercraft along waterways, and 4. Weirs shall be constructed to allow for small boat passage over or around the structures, and warning signs shall be placed at least 25 yards upstream of the weirs. Consistency: N /A. The project is not located along a water body used for recreation purposes. c. This policy applies to areas designated for recreation under 11 AAC 114.250(c) as described in Section 4.5.1, and it applies to all uses and activities that could affect recreational values described in the resource inventory and analysis. Consistency: N /A. This area is not specifically identified or reserved for recreational use under 11 AAC 114.250(c). I. Archaeological and Historic Resources Policy 1 -1: Consultation and Surveys a. For projects within the historic and prehistoric designation area, the applicant shall submit with the consistency review packet an assessment of potential impacts to historic and prehistoric resources and a plan for the protection of those resources. As part of the assessment, the applicant shall consult with the KIB, tribal entities and the Alutiiq Museum. Consistency: N /A. The project is not known to be located in an area identified as a historic or prehistoric resource area. b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(i) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. Consistency: N /A. The project is not located in an area identified as a historic or prehistoric resource area. Policy 1 -2: Resource Protection a. For projects within the historic and prehistoric designation area, if previously undiscovered artifacts or areas of historic, prehistoric, or archaeological importance are encountered during development, an artifact curation agreement will be developed between the landowner, appropriate state of federal preservation authorities, and the curation facility if artifacts are discovered on the project site. Consistency: Yes. A stipulation requiring the inclusion of an artifact curation agreement will be incorporated into the permitting process. Case No. 11 -003 Staff Rpt Page 6 of 16 Public Hearing Item VI -C P&Z August 18, 2010 b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(i) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. Consistency: Unknown. The project may be located in an area identified for the study, understanding or illustration of history and prehistory under 11 AAC 114.250(i). K. Mineral Extraction and Processing Policy K -1: Siting of Material Sources a. Sources of sand and gravel shall be authorized in the following priority: 1. Upland sites, including river terraces above historic high water, 2. Areas of low habitat value, including river bars, 3. Streams which do not provide fish habitat, and 4. Other habitats. Consistency: N /A. The project does not involve extraction of sand and gravel resources. b. This policy applies to the sand and gravel standard (11 AAC 112.260). Consistency: N /A. The project does not involve extraction of sand and gravel resources. 4.5 Designated Areas 4.5.1 Recreation Areas Not identified as such. 4.5.2 Natural Hazard Areas Not identified as such. 4.5.3 Important Habitat Areas Not identified as such. 4.5.4 Historic and Prehistoric Resource Areas Not identified as such. 4.5.5 Commercial Fishing and Seafood Processing Facilities Not identified as such. 4.5.6 Subsistence Areas Not identified as such. KIBC Title 17, Chapter 17.15, GENERAL PROVISIONS AND USE REGULATIONS 17.15.010 APPLICATION OF PROVISIONS. The provisions established by this title for each district are minimum regulations and apply uniformly to each class or kind of structure or land. 17.15.020 CONFORMITY WITH REGULATIONS REQUIRED. No building, part of a building, or any land shall be used, occupied, erected, moved, or altered unless in conformity with the provisions of this title for the district in which the building or land is located. 17.15.030 ALTERATION OR ERECTION OF STRUCTURES. No structure shall be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area, to have a narrower or smaller front yard, side yard, or rear yard, than is specified in this title for the district in which the structure is located. Case No. 11 -003 Staff Rpt Page 7 of 16 Public Hearing Item VI -C P &Z August 18, 2010 17.15.040 YARD OR OPEN SPACE LIMITATION. No yard or open space provided about a building for the purpose of complying with this title shall be considered as providing a yard or open space for any other building. No yard or open space on one lot shall be considered as providing a yard or open space for any other lot. 17.15.050 APPROVAL BY PLANNING AND ZONING COMMISSION. When it is stated in this title that uses are permitted subject to approval by the commission, an application for consideration shall be submitted to the community development department with a site plan. The commission shall make its findings within 40 days of the date the application is submitted and notify the applicant, in writing. of the decision. If denied, the commission shall state the reasons for denial and the avenues of appeal available to the applicant. 17.15.060 ZONING COMPLIANCE. Zoning compliance is required for site grading (excavation and fill), erection, construction. establishment, moving, alteration, enlargement, repair, or conversion of any building or structure in any district established by this title. subject to the following: A. An application for zoning compliance will be filed with the community development department on a form provided by the department. If the application meets the requirements of this title, as verified in the department, and other applicable regulations, a permit will be issued. An as -built of the property may be required to ensure that applicable requirements can be met, when existing structures are located on the property. Any zoning compliance permit issued is subject to the same expiration, suspension, and revocation provisions as a building permit issued for the same construction project (See Uniform Building Code Section 303(d) and (e), as currently adopted under KIBC 15.05.020). * ** * ** * ** * ** * ** * ** 17.15.070 BUILDING PERMIT AND CONFORMITY TO ZONING. No building permit, plans, or specifications will be approved which permit any violation, modification, or waiver of this title. When the terms of a building permit, plans, or specifications conflict with this title, the provisions of this title will govern. 17.15.080 USES PROHIBITED UNLESS AUTHORIZED. Land uses not listed as a permitted use in a district are prohibited. 17.15.090 SIMILAR USES MAY BE PERMITTED. A. Land uses other than those specifically permitted or conditionally permitted in a district may be allowed if they are similar to those listed and are found by the commission, after a public hearing, to be similar in character and impact. B. In all cases, the outdoor storage of materials and equipment is prohibited unless it is listed as a permitted or conditional use in a district. * ** * ** * ** * ** * ** * ** Case No. 11 -003 Staff Rpt Page 8 of 16 Public Hearing Item VI -C P&Z August 18, 2010 KIBC Title 17, Chapter 17.25, DEFINITIONS 17.25.010 GENERAL INTERPRETATION. A. "Lot" includes the words "plot" and "parcel." B. "Shall" is always mandatory. C. "Used" or "occupied," as applied to any land or building, includes the words "intended, arranged, or designed to be used or occupied." * ** * ** * ** * ** * ** * ** 17.25.040 C DEFINITIONS. * ** * ** * ** * ** * ** * ** "Conditional use permit" means a method of allowing for flexibility within the zoning regulations by permitting certain specified uses in zoning districts after additional controls and safeguards are applied by the commission to ensure their compatibility with permitted principal uses. * ** * ** * ** * ** * ** * ** 17.25.100 I DEFINITIONS. "Industry" means the manufacture, storage, extraction, fabrication, processing, reduction, destruction, conversion, or wholesaling of any article, substance, or commodity, or any treatment which changes the form, character, or appearance of a resource material or previously manufactured item. * ** * ** * ** * ** * ** * ** 17.25.160 O DEFINITIONS. "Outdoor storage" means the use of land for the storage of items in the open, not within a structure. * ** * ** * ** * ** * ** * ** 17.25.220 U DEFINITIONS. "Use" means the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained. * ** * ** * ** * ** * ** * ** KIBC Title 17, Chapter 17.105, I — INDUSTRIAL DISTRICT 17.105.005 DESCRIPTION AND INTENT. The I industrial zoning district is established as a district in which the principal use of the land is for business, manufacturing, processing, fabricating, repair, assembly, storage, wholesaling, and distributing operations, which may create some nuisance, but which are not properly associated nor compatible with residential land uses. For the industrial zone, in promoting the general purpose of this title, the specific intentions of this chapter are: A. To encourage the construction of and the continued use of the land for business and industrial purposes; Case No. 11 -003 Staff Rpt Page 9 of 16 Public Hearing Item VI -C P&Z August 18, 2010 B. To prohibit all residential uses of the land not associated with industries and any other land use which would substantially interfere with the development, continuation or expansion of industry in the zone; C. To concentrate the industrial and business uses within designated areas to protect residential districts from noxious or noisy operations; and D. To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this chapter. 17.105.010 PERMITTED USES. The following uses of the land are permitted in the industrial district: A. All uses permitted in B business district, except residential; B. Aircraft, automobile and truck assembly or remodeling; C. Asphalt batch and mixing plant, manufacturing or refining; D. Assembly of music and vending machines; E. Auction business; F. Beverage manufacturing; G. Boat building, repair and storage; H. Cabinet shops; I. Concrete mixing batch plants; J. Coal storage yards; K. Dwelling units for a watchman or caretaker on the premises; L. Dyeing plants; M. Gravel or sand extraction; N. Junkyards, wrecking, salvage or scrap metal operations; O. Lumber mills and sawmills; P. Lumberyard, building material manufacture or sales; Q. Machine or blacksmith shops; R. Manufacturing, servicing or repair of light consumer goods, such as appliances, batteries, furniture, and garments; S. Metal working or welding shops; T. Motor freight terminals; U. Outdoor storage; V. Paint shops; W. Public uses; X. Rock crushers; Y. Seafood processing establishments and their dormitories; Z. Sewage treatment plants; AA. Slaughterhouses; BB. Steel fabrication shops or yards; CC. Vehicle impound lots; DD. Vocational or trade schools; EE. Utility installations; and FF. Warehousing within an enclosed structure. 17.105.020 CONDITIONAL USES. The following uses may be permitted by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Acetylene gas manufacture or storage; Case No. 11 -003 Staff Rpt Page 10 of 16 Public Hearing Item VI -C P&Z August 18, 2010 B. Ammonia, bleaching powder or chlorine manufacture; C. Cement, concrete, lime and plaster manufacture; D. Chemical bulk storage and sales; E. Garbage disposal sites, dumps and sanitary landfills; and F. Petroleum or flammable liquid production, refining or storage. 17.105.030 LOT REQUIREMENTS. A. Lot Area. The minimum lot area required is 20,000 square feet. B. Lot Width. The minimum lot width required is 75 feet. 17.105.040 YARDS. A. Front Yards. 1. There shall be a front yard of not less than 30 feet. 2. The front yard, when facing a state highway, shall be not less than 50 feet. B. Side Yards. 1. There shall be a side yard on each side of a principal building of not Tess than 20 feet, except that approved fire wall installations between adjoining structures provide for construction on the lot line. C. Rear Yards. 1. There shall be a rear yard of not less than 20 feet, except that approved fire wall installations between adjoining structures provide for construction on the lot line. D. Exemptions. Waterfront industries are exempt from the requirements of this section. 17.105.050 BUILDING HEIGHT LIMIT. The maximum height of a structure is unrestricted, except that no structure shall interfere with Federal Aviation Administration regulations on airport approach; and provided further, that within 50 feet of any residential district boundary, no portion of any structure shall exceed the height limitations of the residential district. 17.105.060 PERFORMANCE STANDARDS. All permitted and conditional uses shall comply with the performance standards listed, where applicable, in this section. A. Noise. The noise emanating from a premises used for industrial activities shall be muffled so as to not become objectionable due to intermittent beat, frequency, or shrillness; and where a use adjoins a residential district, the noise loudness measured at the boundary line shall not exceed 90 decibels. B. Lighting. Any lighting shall not be used in a manner which produces glare on public highways and neighboring property. Arc welding, acetylene torch cutting and similar processes shall be performed so as not to be seen outside the property. C. Fire and Safety Hazards. The storage and handling of inflammable liquids, liquefied petroleum, gases and explosives shall comply with the fire prevention code and all other applicable laws and regulations. Enameling and paint spraying operations shall be permitted when incidental to the principal use and when such operations are contained within a building of two -hour fire- resistive construction. Bulk storage of inflammable liquids below ground shall be permitted if the tank is located no closer to the property line than the greater dimension (diameter, length or height) of the tank. D. Odor. Uses causing the emission of obnoxious odors of any kind and the emission of any toxic or corrosive fumes or gases are prohibited. Case No. 11 -003 Staff Rpt Page 11 of 16 Public Hearing Item VI -C P&Z August 18, 2010 E. Dust and Smoke. Dust and smoke created by industrial operations shall not be exhausted into the air in such a manner as to create a nuisance. F. Open Storage. Any storage shall not be located closer than 25 feet to any street right -of -way. Any storage shall be enclosed with a fence acceptable to the commission. Whenever lumber, coal or other combustible material is stored, a roadway shall be provided, graded and maintained from the street to the rear of the property to permit free access for fire trucks at any time. G. Screening. Where an industrial use is adjacent to and within 100 feet of a residential use or zone, that industry shall provide screening as approved by the commission. COMMENTS The applicant has requested a similar use determination to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone. The petitioner has discussed with staff the prospect of obtaining a similar use determination comparing contaminated soil treatment with a permitted Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) for which the property has been previously permitted (Zoning Compliance Permit BZ00 -045). These uses have been determined to be similar in character and impact by staff in past when similar use determinations for permitted uses were allowed to be done administratively. Because that process could only be appealed to superior court and not to the commission or assembly, the code was amended to make all similar use determinations at the commission level and thereby provide a higher level of community review to these decisions. Although a public hearing is not specified for similar use determinations pertaining to similar use determinations, staff typically schedules them as such as a courtesy to the community. Similar uses may be permitted subject to Planning & Zoning Commission review and approval per KIBC 17.15.090. A & B. Recognizing that it is not possible to list an infinite number of land uses for a given zone the similar use determination allows the commission to consider the specifically enumerated uses in a given zone as a range of uses upon which comparison can be made. It is then up to the commission to determine the relative similarity of character and impact associated with proposed uses that are not specifically listed for the zone, but which may share certain similarities with listed uses or which may fulfill the intent of the zoning district in question. The petitioner has not provided a specific plan for treating soil on the site so that it is not possible to consider this use proposal as a conditional use at this time. Indeed, if the commission finds the contaminated soil treatment use to be similar in character and impact to an Asphalt Batch Plant and Mixing Plant, Manufacturing or Refining use, then a site plan could be submitted over the counter for zoning compliance review in the same manner for a permitted asphalt batch plant use in the I- Industrial zoning district. Past experience with ADEC approved soil treatment methods have shown that the most intense treatment methods for petroleum contaminated soils are very similar to the character and impact of an Asphalt Batch Plant and Mixing Plan, Manufacturing or Refining use. In particular, soil treatment utilizing thermal desorption methods such as a rotary kiln or enclosed oven, which involve the application of high temperatures on the Case No. 11 -003 Staff Rpt Page 12 of 16 Public Hearing Item VI -C P8Z August 18, 2010 petroleum contaminated soil, are comparable in the required application of high temperatures used to create asphaltic compounds. In the case of contaminated soil treatment the goal is to burn off the hydrocarbon contaminants and in the case of asphalt batching and mixing the goal is to introduce specialized petroleum substances at high temperatures that will eventually harden into a road, path or driveway surface when applied and cooled to ambient air temperatures. Both uses processes can create hydrocarbon air emission byproducts depending upon the technology or treatment process employed. These emissions are regulated by ADEC. Both uses also have the potential to create additional contamination through the escapement of runoff or the accidental Toss of petroleum products during the transport, handling or treatement of the materials. Again, these risks are regulated by ADEC which typically specifies containment, handling and treatment techniques and procedures suitable to address the risks associated with these activities. Because the applicant has not provided a specific proposal or site plan, it is impossible to analyze the potential impacts of the use. The use of the site could be intended for a one time opportunity or could be established as a long term use at this location, subject to the development of a sustainable market for this service in the community. If the commission determines that the proposed use for contaminated soil treatment is similar to an asphalt batch plant, further site plan review could handled through the typical zoning compliance permit process per Kodiak Island Borough Code 17.15.060 A.1 The I- Industrial zone has certain performance standards that staff has in the past accepted as being met upon satisfactory evidence of compliance with ADEC regulations. This is due to the fact that KIB staff are not technically qualified, equipped or authorized to regulate environmental impacts pertaining to air and water quality. Staff and the commission are qualified however to perform screening reviews that may be required for certain outdoor storage uses or when industrial uses are within close proximity to residential use or zone. While staff has discussed above the use of thermal desorption to treat contaminated soils, this should be viewed as a "most significant" scenario as there are other treatment options which carry much less risk than the thermal desorption process. If the commission finds that the proposed use is not generally similar in character and impact to a permitted asphalt batch and mixing plant it has the alternative of considering a potential use in the conditional use category which is Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F). Staff understands the Petroleum or Flammable Liquid Production, Refining or Storage use to be typically referred to as a "petroleum refinery" or "bulk petroleum storage facility ". The environmental and safety risks involved with facilities of this type are typically much greater than you would see with an asphalt batch and mixing plant. The temperatures and pressures used to refine petroleum products, regular transfers of bulk 1 17.15.060 Zoning Compliance. Zoning compliance is required for site grading (excavation and fill), erection, construction, establishment, moving, alteration, enlargement, repair, or conversion of any building or structure in any district established by this title, subject to the following: A. An application for zoning compliance will be filed with the community development department on a form provided by the department. If the application meets the requirements of this title, as verified in the department, and other applicable regulations, a permit will be issued. An as -built of the property may be required to ensure that applicable requirements can be met, when existing structures are located on the property. Any zoning compliance permit issued is subject to the same expiration, suspension, and revocation provisions as a building permit issued for the same construction project (See Uniform Building Code Section 303(d) and (e), as currently adopted under KIBC15.05.020.) Case No. 11 -003 Staff Rpt Page 13 of 16 Public Hearing Item VI -C P &Z August 18, 2010 product for distribution or simply storing large bulk quantities of product on site involves a much higher degree of risk. A petroleum refining or bulk storage use would not likely fit on a site the size of the property proposed for this similar use review. Nevertheless, if the commission felt that this was a closer fit to the proposed soil remediation use, it could approve the similar use determination for this use and thereby provide the petitioner with the opportunity to present a detailed site plan and to go through the CUP public hearing process. This would provide not only a greater degree of public review but would also give the commission a greater degree of discretion over potential stipulations to address any code deficiencies in the proposal or reasonable concerns of the community. That said, staff does not recommend this alternative just for the sake of a more in depth CUP review unless the commission truly believes this use is similar in character and impact to a petroleum refinery or bulk storage facility. Staff would point out that similar use determinations are themselves appealable to the KIB assembly sitting as the Board of Adjustment. A check of the most recent soil treatment similar use determination granted by the commission was Case 04 -013. This was reviewed as a similar use and CUP for a thermal desorption soil treatment facility to be located on Lot 6, Seaview Subdivision, across and upland from the LASH terminal. This soil treatment facility was permitted with 8 conditions of approval and one finding. The facility was never developed however and the CUP has long since become null and void. RECOMMENDATION Staff recommends that the Commission grant this similar use determination and find that the proposed treatment of petroleum contaminated soil is a use similar in character and impact to a permitted asphalt batch plant in the I- Industrial zoning district. In the alternative, the commission may also consider a motion to approve a similar use determination that a contaminated soil treatment use is similar in character and impact to the conditional use of a Petroleum or Flammable Liquid Production, Refining or Storage use. APPROPRIATE MOTIONS Should the Commission agree with the staff recommendation, the appropriate motion is: Recommended Motion Move to grant a Similar Use Determination, according to KIBC 17.15.090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to a permitted use in the I- Industrial zone, specifically an Asphalt Batch and Mixing Plant, Manufacturing or Refining use in accordance with KIBC 17.105.010.C, and to adopt the findings in the staff report dated July 9, 2010 as FINDINGS OF FACT for this case. FINDINGS OF FACT 1. The proposed soil treatment use is similar in terms of the character and impact to an Asphalt Batch and Mixing Plant, Manufacturing or Refining Use which is permitted in accordance with KIBC 17.105.010.C, because both processes are used to convert petroleum products from one form to another through the Case No. 11 -003 Staff Rpt Page 14 of 16 Public Hearing Item VI -C P&Z August 18, 2010 application of high temperatures (although some biological soil treatment methods do not require the application of high temperatures in order to be effective over a much long period of treatment). 2. Both the permitted and proposed uses involve the storage of rock /gravel material mixed with petroleum products on site, and both uses can have similar emissions and environmental risks. For this reason both uses are similarly subject to ADEC regulations which are able to be applied to a wide range of scale and treatment options available to treat petroleum contaminated soils. Alternative Motion Move to grant a Similar Use Determination, according to KIBC 17.15.090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to a conditional use in the I- Industrial zone, specifically a Petroleum or Flammable Liquid Production, Refining or Storage use in accordance with KIBC 17.105.020.F, and to adopt the findings in the staff report dated July 9, 2010 as FINDINGS OF FACT for this case. FINDINGS OF FACT 1. The proposed soil treatment use is similar in terms of the character and impact to an Asphalt Batch and Mixing Plant, Manufacturing or Refining Use which is permitted in accordance with KIBC 17.105.010.C, because both processes are used to convert petroleum products from one form to another through the application of high temperatures (although some biological soil treatment methods do not require the application of high temperatures in order to be effective over a much long period of treatment). 2. Both the permitted and proposed uses involve the storage of rock /gravel material mixed with petroleum products on site, and both uses can have similar emissions and environmental risks. For this reason both uses are similarly subject to ADEC regulations which are able to be applied to a wide range of scale and treatment options available to treat petroleum contaminated soils. Case No. 11 -003 Staff Rpt Page 15 of 16 X)\?)**c \ek\* . s qneke r• ,. Public Hearing Item VI -C P8Z August 18, 2010 occurring or may occur should be reserved for one of the following use categories: agriculture, industrial, or public open space. Resource extraction uses include all uses associated with the operation of quarries, such as the extraction, storage, processing and transportation of the quarry product." Womens Bay Comprehensive Plan Update - Chapter 4. Goals and Objectives Goals are general achievements that the community wishes to accomplish in the future. Goals provide guidance for developing objectives. Objectives are specific and achievable projects in support of a goal. Land Use Goal: Guide the use of land in the Womens Bay planning area in a manner that provides for orderly and compatible community and regional growth. Goal: Maintain the rural residential setting of the Womens Bay Community. Objectives: a) Encourage new residential development while maintaining a minimum lot size of RR1 (40,000 square feet). b) Platted roads should be developed to Borough code prior to land sales. c) Support a centralized business and office use areas that follow the existing development pattern. Goal: Minimize conflict between different land uses within the Womens Bay Area. Objectives: a) Create a buffer zone between existing industrial and residential use areas. b) Develop Tight and noise standards for non - residential uses. c) Provide viable land uses for the Salonie Creek Area, including the feasibility of future recreational or resource extraction uses. Goal: Guide gravel material sources and extraction operations in the Womens Bay planning area that is mutually beneficial to residents and industry. Objectives: a) Conduct an industrial and resource extraction future needs analysis and site capability analysis to determine KIB land use supply and demand. b) Transition the location of industrial and gravel uses out of the immediate Womens Bay Comprehensive Plan Update residential area. c) Regulate hours and days of operation and permitted activities to minimize conflicts with adjacent residential areas as provisions in lease agreements. Case No. 11 -003 Staff Rpt Page 3 of 16 Public Hearing Item VI -C P &Z August 18, 2010 Jack and Lee Lakes Natural Use Area Goal: Address and resolve user conflicts between motorized and non- motorized activities in the Jack and Lee Lakes Natural Use Area. Objectives: a) Change the area's name to Womens Bay Park or Jack and Lee Lakes Natural Use Park to help identify the area to Borough residents and visitors. b) Develop a park, trails, and recreation plan for the Jack and Lee Lakes Natural Use Area. Public Health /Safetv and Environment Goal: Minimize development in environmentally sensitive area. Objectives: a) Maintain a high quality natural environment within the planning area. b) Rezone portions of the B Parcels to public use, natural use, or conservation areas zoning classification or possible residential use. c) Implement the Alaska Coastal Management Program and the Kodiak Island Coastal Management Program in planning for appropriate coastal zone uses. d) Protect the Russian River and Sargent Creek drainages by establishing specific strategies through coordination with state and federal regulatory entities. Goal: Ensure adequate public services for the Womens Bay planning area. Objectives: a) Identify and prioritize needed road improvement projects in the WBC. b) Provide better fire service in the planning area. c) Addresses problems associated with private water /sewer systems. d) Provide an upgraded emergency evacuation shelter and support emergency procedures education. e) Support positive bear management practices as described in the Kodiak Archipelago Bear Management Plan. f) Designate a suitable location for a community cemetery. g) Designate a suitable location for a community school. h) Improve waste collection and disposal — Provide a transfer station and recycling center to be located in the core area. Case No. 11 -003 Staff Rpt Page 4 of 16 Public Hearing Item VI -C P8Z August 18,2010 COASTAL MANAGEMENT APPLICABLE POLICIES 4.4 Enforceable Policies B. Coastal Development Policy B -1: Multiple Use a. Structures or dredged or fill material placed in coastal waters shall be designed to minimize the need for duplicative facilities. 1 rN/A. This project does not involve the placement of material in coastal waters. b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to siting of facilities in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. Consistency: N /A. This project does not propose siting of structures or placement of material in coastal waters. Policy B -3: Dredge and Fill Activities a. An applicant for a project that will place structures or discharge dredge or fill material into coastal waters must include in the project description measures that will limit the extent of direct disturbance to as small an area as possible. Consistency: N /A. This project does not involve the placement of structures or material into coastal waters. b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to placement of structures in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. Consistency: N /A. This project does not involve the placement of structures in or adjacent to coastal waters. C. Natural Hazards Policy C -1: Erosion and Landslides a. Proposed development and resource extraction activities in designated erosion hazard areas shall: 1. Minimize removal of existing vegetative cover, and 2. Stabilize soils and re- vegetate with native species for areas where development necessitates removal of vegetation. unless re- vegetation activities would cause more damage. Consistency: N /A. The project location is not located in a designated erosion hazard area. b. Subsection a applies to areas designated as erosion hazards under 11 AAC 114.250(b) as described in Section 4 5 2. Consistency: N /A. The project location is not located in a steep slope area or identified as within an erosion hazard area. D. Coastal Habitats and Resources Policy D -5: Wind Generation and Bird Habitat a. The applicant shall incorporate measures into the project description regarding the siting of wind generation projects to minimize mortality to birds. These measures shall include, but are not limited to, installation of turbines on the tallest towers practicable for the site, configuration of towers to reduce the likelihood of bird strikes, and use of tubular towers, fully enclosed nacelles or other appropriate technology that has been demonstrated to reduce bird mortality from wind turbines. Consistency: N /A. The project does not involve a wind generation project. Case No. 11 -003 Staff Rpt Page 5 of 16 Public Hearing Item VI -C P &Z August 18, 2010 b. This policy applies to uses and activities related to the Energy Facilities Standard 11 AAC 112.230. Consistency: N /A. The project does not involve the development or construction of an energy facility. H. Recreation Policy H -1: Protection of Recreation Resources and Uses a. On public lands and waters used for recreation activities within designated recreation areas or on private lands and waters within designated recreation areas where the landowner has granted formal permission for recreational activities, non - recreational projects and activities shall be located, designed, constructed and operated to avoid significant adverse impacts to recreation resources and activities, including access and scenic views unless a comparable alternative recreational opportunity can be provided that would not decrease the quality of the recreation experience in another area. Consistency: N /A. This request does not involve the use or development of public lands or waters used for recreation or any other public purpose. b. Access through water bodies shall be maintained. 1. Fences shall not be constructed across streams, 2. Bridges must be constructed at least four feet above the ordinary high water mark, 3. Structures, other than weirs, shall not impede travel by watercraft along waterways, and 4. Weirs shall be constructed to allow for small boat passage over or around the structures, and warning signs shall be placed at least 25 yards upstream of the weirs. Consistency: N /A. The project is not located along a water body used for recreation purposes. c. This policy applies to areas designated for recreation under 11 AAC 114.250(c) as described in Section 4.5.1, and it applies to all uses and activities that could affect recreational values described in the resource inventory and analysis. Consistency: N /A. This area is not specifically identified or reserved for recreational use under 11 AAC 114.250(c). I. Archaeological and Historic Resources Policy 1 -1: Consultation and Surveys a. For projects within the historic and prehistoric designation area, the applicant shall submit with the consistency review packet an assessment of potential impacts to historic and prehistoric resources and a plan for the protection of those resources. As part of the assessment, the applicant shall consult with the KIB, tribal entities and the Alutiiq Museum. Consistency: N /A. The project is not known to be located in an area identified as a historic or prehistoric resource area. b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(i) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. Consistency: N /A. The project is not located in an area identified as a historic or prehistoric resource area. Policy 1 -2: Resource Protection a. For projects within the historic and prehistoric designation area, if previously undiscovered artifacts or areas of historic, prehistoric, or archaeological importance are encountered during development, an artifact curation agreement will be developed between the landowner, appropriate state of federal preservation authorities, and the curation facility if artifacts are discovered on the project site. Consistency: Yes. A stipulation requiring the inclusion of an artifact curation agreement will be incorporated into the permitting process. Case No. 11 -003 Staff Rpt Page 6 of 16 Public Hearing Item VI -C P &Z August 18, 2010 b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(i) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. Consistency: Unknown. The project may be located in an area identified for the study, understanding or illustration of history and prehistory under 11 AAC 114.250(i). K. Mineral Extraction and Processing Policy K -1: Siting of Material Sources a. Sources of sand and gravel shall be authorized in the following priority: 1. Upland sites, including river terraces above historic high water, 2. Areas of low habitat value, including river bars, 3. Streams which do not provide fish habitat, and 4. Other habitats. Consistency: N /A. The project does not involve extraction of sand and gravel resources. b. This policy applies to the sand and gravel standard (11 AAC 112.260). Consistency: N /A. The project does not involve extraction of sand and gravel resources. 4.5 Designated Areas 4.5.1 Recreation Areas Not identified as such. 4.5.2 Natural Hazard Areas Not identified as such. 4.5.3 Important Habitat Areas Not identified as such. 4.5.4 Historic and Prehistoric Resource Areas Not identified as such. 4.5.5 Commercial Fishing and Seafood Processing Facilities Not identified as such. 4.5.6 Subsistence Areas Not identified as such. KIBC Title 17, Chapter 17.15, GENERAL PROVISIONS AND USE REGULATIONS 17.15.010 APPLICATION OF PROVISIONS. The provisions established by this title for each district are minimum regulations and apply uniformly to each class or kind of structure or land. 17.15.020 CONFORMITY WITH REGULATIONS REQUIRED. No building, part of a building, or any land shall be used, occupied, erected, moved, or altered unless in conformity with the provisions of this title for the district in which the building or land is located. 17.15.030 ALTERATION OR ERECTION OF STRUCTURES. No structure shall be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area, to have a narrower or smaller front yard, side yard, or rear yard, than is specified in this title for the district in which the structure is located. Case No. 11 -003 Staff Rpt Page 7 of 16 Public Hearing Item VI -C P&Z August 18, 2010 17.15.040 YARD OR OPEN SPACE LIMITATION. No yard or open space provided about a building for the purpose of complying with this title shall be considered as providing a yard or open space for any other building. No yard or open space on one lot shall be considered as providing a yard or open space for any other lot. 17.15.050 APPROVAL BY PLANNING AND ZONING COMMISSION. When it is stated in this title that uses are permitted subject to approval by the commission, an application for consideration shall be submitted to the community development department with a site plan. The commission shall make its findings within 40 days of the date the application is submitted and notify the applicant, in writing, of the decision. If denied, the commission shall state the reasons for denial and the avenues of appeal available to the applicant. 17.15.060 ZONING COMPLIANCE. Zoning compliance is required for site grading (excavation and fill), erection, construction, establishment, moving, alteration, enlargement, repair, or conversion of any building or structure in any district established by this title, subject to the following: A. An application for zoning compliance will be filed with the community development department on a form provided by the department. If the application meets the requirements of this title, as verified in the department, and other applicable regulations, a permit will be issued. An as -built of the property may be required to ensure that applicable requirements can be met, when existing structures are located on the property. Any zoning compliance permit issued is subject to the same expiration, suspension, and revocation provisions as a building permit issued for the same construction project (See Uniform Building Code Section 303(d) and (e), as currently adopted under KIBC 15.05.020). * ** * ** * ** * ** * ** * ** 17.15.070 BUILDING PERMIT AND CONFORMITY TO ZONING. No building permit, plans, or specifications will be approved which permit any violation, modification, or waiver of this title. When the terms of a building permit, plans, or specifications conflict with this title, the provisions of this title will govern. 17.15.080 USES PROHIBITED UNLESS AUTHORIZED. Land uses not listed as a permitted use in a district are prohibited. 17.15.090 SIMILAR USES MAY BE PERMITTED. A. Land uses other than those specifically permitted or conditionally permitted in a district may be allowed if they are similar to those listed and are found by the commission, after a public hearing, to be similar in character and impact. B. In all cases, the outdoor storage of materials and equipment is prohibited unless it is listed as a permitted or conditional use in a district. * ** * ** * ** * ** * ** * ** Case No. 11 -003 Staff Rpt Page 8 of 16 Public Hearing Item VI -C P &Z August 18, 2010 KIBC Title 17, Chapter 17.25, DEFINITIONS 17.25.010 GENERAL INTERPRETATION. A. "Lot" includes the words "plot" and "parcel." B. "Shall" is always mandatory. C. "Used" or "occupied," as applied to any land or building, includes the words "intended, arranged, or designed to be used or occupied." * ** * ** * ** * ** * ** * ** 17.25.040 C DEFINITIONS. * ** * ** * ** * ** * ** * ** "Conditional use permit" means a method of allowing for flexibility within the zoning regulations by permitting certain specified uses in zoning districts after additional controls and safeguards are applied by the commission to ensure their compatibility with permitted principal uses. * ** * ** * ** * ** * ** * ** 17.25.100 I DEFINITIONS. "Industry" means the manufacture, storage, extraction, fabrication, processing, reduction, destruction, conversion, or wholesaling of any article, substance, or commodity, or any treatment which changes the form, character, or appearance of a resource material or previously manufactured item. * ** * ** * ** * ** * ** * ** 17.25.160 0 DEFINITIONS. "Outdoor storage" means the use of land for the storage of items in the open, not within a structure. * ** * ** * ** * ** * ** * ** 17.25.220 U DEFINITIONS. "Use" means the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained. * ** * ** * ** * ** * ** * ** KIBC Title 17, Chapter 17.105, 1— INDUSTRIAL DISTRICT 17.105.005 DESCRIPTION AND INTENT. The I industrial zoning district is established as a district in which the principal use of the land is for business, manufacturing, processing, fabricating, repair, assembly, storage, wholesaling, and distributing operations, which may create some nuisance, but which are not properly associated nor compatible with residential land uses. For the industrial zone, in promoting the general purpose of this title, the specific intentions of this chapter are: A. To encourage the construction of and the continued use of the land for business and industrial purposes; Case No. 11 -003 Staff Rpt Page 9 of 16 Public Hearing Item VI -C P &Z August 18, 2010 B. To prohibit all residential uses of the land not associated with industries and any other land use which would substantially interfere with the development, continuation or expansion of industry in the zone; C. To concentrate the industrial and business uses within designated areas to protect residential districts from noxious or noisy operations; and D. To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this chapter. 17.105.010 PERMITTED USES. The following uses of the land are permitted in the industrial district: A. All uses permitted in B business district, except residential; B. Aircraft, automobile and truck assembly or remodeling; C. Asphalt batch and mixing plant, manufacturing or refining; D. Assembly of music and vending machines; E. Auction business; F. Beverage manufacturing; G. Boat building, repair and storage; H. Cabinet shops; I. Concrete mixing batch plants; J. Coal storage yards; K. Dwelling units for a watchman or caretaker on the premises; L. Dyeing plants; M. Gravel or sand extraction; N. Junkyards, wrecking, salvage or scrap metal operations; O. Lumber mills and sawmills; P. Lumberyard, building material manufacture or sales; Q. Machine or blacksmith shops; R. Manufacturing, servicing or repair of light consumer goods, such as appliances, batteries, furniture, and garments; S. Metal working or welding shops; T. Motor freight terminals; U. Outdoor storage; V. Paint shops; W. Public uses; X. Rock crushers; Y. Seafood processing establishments and their dormitories; Z. Sewage treatment plants; AA. Slaughterhouses; BB. Steel fabrication shops or yards; CC. Vehicle impound Tots; DD. Vocational or trade schools; EE. Utility installations; and FF. Warehousing within an enclosed structure. 17.105.020 CONDITIONAL USES. The following uses may be permitted by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Acetylene gas manufacture or storage; Case No. 11 -003 Staff Rpt Page 10 of 16 Public Hearing Item VI -C P &Z August 18, 2010 B. Ammonia, bleaching powder or chlorine manufacture; C. Cement, concrete, lime and plaster manufacture; D. Chemical bulk storage and sales; E. Garbage disposal sites, dumps and sanitary landfills; and F. Petroleum or flammable liquid production, refining or storage. 17.105.030 LOT REQUIREMENTS. A. Lot Area. The minimum lot area required is 20,000 square feet. B. Lot Width. The minimum lot width required is 75 feet. 17.105.040 YARDS. A. Front Yards. 1. There shall be a front yard of not less than 30 feet. 2. The front yard, when facing a state highway, shall be not less than 50 feet. B. Side Yards. 1. There shall be a side yard on each side of a principal building of not less than 20 feet, except that approved fire wall installations between adjoining structures provide for construction on the lot Tine. C. Rear Yards. 1. There shall be a rear yard of not less than 20 feet, except that approved fire wall installations between adjoining structures provide for construction on the lot line. D. Exemptions. Waterfront industries are exempt from the requirements of this section. 17.105.050 BUILDING HEIGHT LIMIT. The maximum height of a structure is unrestricted, except that no structure shall interfere with Federal Aviation Administration regulations on airport approach; and provided further, that within 50 feet of any residential district boundary, no portion of any structure shall exceed the height limitations of the residential district. 17.105.060 PERFORMANCE STANDARDS. All permitted and conditional uses shall comply with the performance standards listed, where applicable, in this section. A. Noise. The noise emanating from a premises used for industrial activities shall be muffled so as to not become objectionable due to intermittent beat, frequency, or shrillness; and where a use adjoins a residential district, the noise loudness measured at the boundary line shall not exceed 90 decibels. B. Lighting. Any lighting shall not be used in a manner which produces glare on public highways and neighboring property. Arc welding, acetylene torch cutting and similar processes shall be performed so as not to be seen outside the property. C. Fire and Safety Hazards. The storage and handling of inflammable liquids, liquefied petroleum, gases and explosives shall comply with the fire prevention code and all other applicable laws and regulations. Enameling and paint spraying operations shall be permitted when incidental to the principal use and when such operations are contained within a building of two -hour fire - resistive construction. Bulk storage of inflammable liquids below ground shall be permitted if the tank is located no closer to the property line than the greater dimension (diameter, length or height) of the tank. D. Odor. Uses causing the emission of obnoxious odors of any kind and the emission of any toxic or corrosive fumes or gases are prohibited. Case No. 11 -003 Staff Rpt Page 11 of 16 Public Hearing Item VI -C P&Z August 18, 2010 E. Dust and Smoke. Dust and smoke created by industrial operations shall not be exhausted into the air in such a manner as to create a nuisance. F. Open Storage. Any storage shall not be located closer than 25 feet to any street right -of -way. Any storage shall be enclosed with a fence acceptable to the commission. Whenever lumber, coal or other combustible material is stored, a roadway shall be provided, graded and maintained from the street to the rear of the property to permit free access for fire trucks at any time. G. Screening. Where an industrial use is adjacent to and within 100 feet of a residential use or zone, that industry shall provide screening as approved by the commission. COMMENTS The applicant has requested a similar use determination to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone. The petitioner has discussed with staff the prospect of obtaining a similar use determination comparing contaminated soil treatment with a permitted Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) for which the property has been previously permitted (Zoning Compliance Permit BZ00 -045). These uses have been determined to be similar in character and impact by staff in past when similar use determinations for permitted uses were allowed to be done administratively. Because that process could only be appealed to superior court and not to the commission or assembly, the code was amended to make all similar use determinations at the commission level and thereby provide a higher level of community review to these decisions. Although a public hearing is not specified for similar use determinations pertaining to similar use determinations, staff typically schedules them as such as a courtesy to the community. Similar uses may be permitted subject to Planning & Zoning Commission review and approval per KIBC 17.15.090. A & B. Recognizing that it is not possible to list an infinite number of land uses for a given zone the similar use determination allows the commission to consider the specifically enumerated uses in a given zone as a range of uses upon which comparison can be made. It is then up to the commission to determine the relative similarity of character and impact associated with proposed uses that are not specifically listed for the zone, but which may share certain similarities with listed uses or which may fulfill the intent of the zoning district in question. The petitioner has not provided a specific plan for treating soil on the site so that it is not possible to consider this use proposal as a conditional use at this time. Indeed, if the commission finds the contaminated soil treatment use to be similar in character and impact to an Asphalt Batch Plant and Mixing Plant, Manufacturing or Refining use, then a site plan could be submitted over the counter for zoning compliance review in the same manner for a permitted asphalt batch plant use in the I- Industrial zoning district. Past experience with ADEC approved soil treatment methods have shown that the most intense treatment methods for petroleum contaminated soils are very similar to the character and impact of an Asphalt Batch Plant and Mixing Plan, Manufacturing or Refining use. In particular, soil treatment utilizing thermal desorption methods such as a rotary kiln or enclosed oven, which involve the application of high temperatures on the Case No. 11 -003 Staff Rpt Page 12 of 16 Public Hearing Item VI -C P&Z August 18, 2010 petroleum contaminated soil, are comparable in the required application of high temperatures used to create asphaltic compounds. In the case of contaminated soil treatment the goal is to burn off the hydrocarbon contaminants and in the case of asphalt batching and mixing the goal is to introduce specialized petroleum substances at high temperatures that will eventually harden into a road, path or driveway surface when applied and cooled to ambient air temperatures. Both uses processes can create hydrocarbon air emission byproducts depending upon the technology or treatment process employed. These emissions are regulated by ADEC. Both uses also have the potential to create additional contamination through the escapement of runoff or the accidental loss of petroleum products during the transport, handling or treatement of the materials. Again, these risks are regulated by ADEC which typically specifies containment, handling and treatment techniques and procedures suitable to address the risks associated with these activities. Because the applicant has not provided a specific proposal or site plan, it is impossible to analyze the potential impacts of the use. The use of the site could be intended for a one time opportunity or could be established as a long term use at this location, subject to the development of a sustainable market for this service in the community. If the commission determines that the proposed use for contaminated soil treatment is similar to an asphalt batch plant, further site plan review could handled through the typical zoning compliance permit process per Kodiak Island Borough Code 17.15.060 A.1 The I- Industrial zone has certain performance standards that staff has in the past accepted as being met upon satisfactory evidence of compliance with ADEC regulations. This is due to the fact that KIB staff are not technically qualified, equipped or authorized to regulate environmental impacts pertaining to air and water quality. Staff and the commission are qualified however to perform screening reviews that may be required for certain outdoor storage uses or when industrial uses are within close proximity to residential use or zone. While staff has discussed above the use of thermal desorption to treat contaminated soils, this should be viewed as a "most significant" scenario as there are other treatment options which carry much less risk than the thermal desorption process. If the commission finds that the proposed use is not generally similar in character and impact to a permitted asphalt batch and mixing plant it has the alternative of considering a potential use in the conditional use category which is Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F). Staff understands the Petroleum or Flammable Liquid Production, Refining or Storage use to be typically referred to as a "petroleum refinery" or "bulk petroleum storage facility ". The environmental and safety risks involved with facilities of this type are typically much greater than you would see with an asphalt batch and mixing plant. The temperatures and pressures used to refine petroleum products, regular transfers of bulk 1 17.15.060 Zoning Compliance. Zoning compliance is required for site grading (excavation and fill), erection, construction, establishment, moving, alteration, enlargement, repair, or conversion of any building or structure in any district established by this title, subject to the following: A. An application for zoning compliance will be filed with the community development department on a form provided by the department. If the application meets the requirements of this title, as verified in the department, and other applicable regulations, a permit will be issued. An as -built of the property may be required to ensure that applicable requirements can be met, when existing structures are located on the property. Any zoning compliance permit issued is subject to the same expiration, suspension, and revocation provisions as a building permit issued for the same construction project (See Uniform Building Code Section 303(d) and (e), as currently adopted under KIBC15.05.020.) Case No. 11 -003 Staff Rpt Page 13 of 16 Public Hearing Item VI -C P &Z August 18, 2010 product for distribution or simply storing large bulk quantities of product on site involves a much higher degree of risk. A petroleum refining or bulk storage use would not likely fit on a site the size of the property proposed for this similar use review. Nevertheless, if the commission felt that this was a closer fit to the proposed soil remediation use, it could approve the similar use determination for this use and thereby provide the petitioner with the opportunity to present a detailed site plan and to go through the CUP public hearing process. This would provide not only a greater degree of public review but would also give the commission a greater degree of discretion over potential stipulations to address any code deficiencies in the proposal or reasonable concerns of the community. That said, staff does not recommend this alternative just for the sake of a more in depth CUP review unless the commission truly believes this use is similar in character and impact to a petroleum refinery or bulk storage facility. Staff would point out that similar use determinations are themselves appealable to the KIB assembly sitting as the Board of Adjustment. A check of the most recent soil treatment similar use determination granted by the commission was Case 04 -013. This was reviewed as a similar use and CUP for a thermal desorption soil treatment facility to be located on Lot 6, Seaview Subdivision, across and upland from the LASH terminal. This soil treatment facility was permitted with 8 conditions of approval and one finding. The facility was never developed however and the CUP has long since become null and void. RECOMMENDATION Staff recommends that the Commission grant this similar use determination and find that the proposed treatment of petroleum contaminated soil is a use similar in character and impact to a permitted asphalt batch plant in the I- Industrial zoning district. In the alternative, the commission may also consider a motion to approve a similar use determination that a contaminated soil treatment use is similar in character and impact to the conditional use of a Petroleum or Flammable Liquid Production, Refining or Storage use. APPROPRIATE MOTIONS Should the Commission agree with the staff recommendation, the appropriate motion is: Recommended Motion Move to grant a Similar Use Determination, according to KIBC 17.15.090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to a permitted use in the I- Industrial zone, specifically an Asphalt Batch and Mixing Plant, Manufacturing or Refining use in accordance with KIBC 17.105.010.C, and to adopt the findings in the staff report dated July 9, 2010 as FINDINGS OF FACT for this case. FINDINGS OF FACT 1. The proposed soil treatment use is similar in terms of the character and impact to an Asphalt Batch and Mixing Plant, Manufacturing or Refining Use which is permitted in accordance with KIBC 17.105.010.C, because both processes are used to convert petroleum products from one form to another through the Case No. 11 -003 Staff Rpt Page 14 of 16 Public Hearing Item VI -C P&Z August 18, 2010 application of high temperatures (although some biological soil treatment methods do not require the application of high temperatures in order to be effective over a much long period of treatment). 2. Both the permitted and proposed uses involve the storage of rock /gravel material mixed with petroleum products on site, and both uses can have similar emissions and environmental risks. For this reason both uses are similarly subject to ADEC regulations which are able to be applied to a wide range of scale and treatment options available to treat petroleum contaminated soils. Alternative Motion Move to grant a Similar Use Determination, according to KIBC 17.15.090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to a conditional use in the I- Industrial zone, specifically a Petroleum or Flammable Liquid Production, Refining or Storage use in accordance with KIBC 17.105.020.F, and to adopt the findings in the staff report dated July 9, 2010 as FINDINGS OF FACT for this case. FINDINGS OF FACT 1. The proposed soil treatment use is similar in terms of the character and impact to an Asphalt Batch and Mixing Plant, Manufacturing or Refining Use which is permitted in accordance with KIBC 17.105.010.C, because both processes are used to convert petroleum products from one form to another through the application of high temperatures (although some biological soil treatment methods do not require the application of high temperatures in order to be effective over a much long period of treatment). 2. Both the permitted and proposed uses involve the storage of rock /gravel material mixed with petroleum products on site, and both uses can have similar emissions and environmental risks. For this reason both uses are similarly subject to ADEC regulations which are able to be applied to a wide range of scale and treatment options available to treat petroleum contaminated soils. Case No. 11 -003 Staff Rpt Page 15 of 16 Public Hearing Item VI -C P&Z August 18, 2010 \k- os..c\ \‘, Nc) \05° 0 (z). Case No. 11 -003 Staff Rpt Page 16 of 16 Public Hearing Item VI -C P&Z Au usl 18, 2010 • Panoramic view of the subject parcel from Sargent Creek Road near the dumpster pull out. Individual photographs panning from northwest to southeast. Case No. 11 -003 Appendix 1 Page 1 of 4 Public Hearing Item VI -C P &Z August 18, 2010 Case No. 11 -003 Appendix 1 Page 2 of 4 Public Hearing Item VI -C P&Z August 18, 2010 At southeast end of property (Rezanof Drive West end) looking northeast. Case No. 11 -003 Appendix 1 Page 3 of 4 Public Hearing Item VI -C P&Z August 18, 2010 Case No. 11 -003 Appendix 1 Page 4 of 4 Public Hearing Item VI -C P &Z August 18, 2010 Panoramic view of Brechan Enterprises asphalt batch plant, permanently located on Block 3 of Tract A, Bells Flats Alaska Subdivision. Photos taken on July 14, 2010. Material intakes leading to rotary kiln mixing unit. Case No. 11 -003 Appendix 2 Page 1 of 2 Public Hearing Item VI -C P &Z Au s ust 18, 2010 Rotary kiln shown with storage tanks for asphalt emulsion in the foreground. Towers in background and additional storage tanks appear related to the asphalt batch and mixing plant. Case No 11 -003 Appendix 2 Page 2 of 2 DATE: TO: FROM: SUBJECT: CASE: APPLICANT: REQUEST: LOCATION: ADDRESS: ZONING: Ten (10) public Public Hearing Item VI -C P &Z August 18, 2010 MEMORANDUM July 9, 2010 Planning and Zoning Commission Community Development Department Information for the August 18, 2010 Regular Meeting 11 -003 John Zbitnoff A Similar Use Determination, according to KIBC 17.15.090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. Tract E of Tract A, Bells Flats Alaska Subdivision, per Plat No. 81 -8 465 Sargent Creek Road I- Industrial Zoning District. hearing notices were mailed on July 7, 2010. Date of site visit: July 17, 2010 1. Zoning History: The 2006 Womens Bay Comprehensive Plan Update and the 2008 KIB Comprehensive Plan Update both designate this site for Industrial use. An offer to trade Tract E of Tract A, Bells Flats Alaska Subdivision for another parcel of borough land died before the KIB Assembly in 1991. A CUP to allow an eleven (11) unit Single- resident Occupancy (SRO) apartment building was granted by the commission in Case 96 -004. There is no indication that zoning compliance was requested for the SRO and the apartment building was not constructed. As a result, the SRO CUP became null and void. An Asphalt Batch Plant was subsequently permitted for the site in June 2000 by Zoning Compliance Permit BZ00 -045. 2. Lot Size: 3. Existing Land Use: 77,275 square feet Undocumented Outdoor Storage Case No. 11 -003 Staff Rpt Page 1 of 16 Public Hearing Item VI -C P8Z August 18, 2010 4. Surrounding Land Use and Zoning: North: Lot 7, USS 2539 (USCG) Use: Vacant Zoning: C - Conservation Zoning District South: Ptn. Lot 1, USS 2539 (Russian Creek) Use: Vacant Zoning: C - Conservation Zoning District East: Undeveloped tideland (across Chiniak Highway) Use: Vacant Zoning: C- Conservation West: Block 4, Tract A, Bells Flats Subdivision Use: Slaughterhouse; Apartment; Recycle Business; Gear Storage, etc. Zoning: I- Industrial 5. Comprehensive Plan: 17.10.030 Comprehensive plan. For the purpose of this title, the Kodiak Island Borough comprehensive plan consists of the following documents: A. Kodiak Island Borough comprehensive plan update dated December 6, 2007, prepared by Cogan, Owens, Cogan, and the Kodiak Island Borough;... F. Womens Bay Comprehensive Plan Update. Prepared by the Womens Bay community and the Kodiak Island Borough community development department. The recommended guidance accompanying the Recommended Land Use Map (p.46) of the Womens Bay Comprehensive Plan Update had this to say about land designated for Industrial use: "This category is intended for economic uses that result in increased jobs and tax base to the Womens Bay area and the Borough as a whole. This category should include industries and distribution /warehouses that are not generally compatible with residential uses typically found in suburban areas. Four criteria guide the location of large tract industrial uses: transportation access, water supply, lack of incompatible existing land use topography. An area of approximately 45 acres is recommended as an excellent location for employment uses. Prime roadway access in this area provides great connections to business centers throughout and beyond the region. A number of natural gravel deposits exist in the Womens Bay Planning Area. Such quarries should also be protected from encroachment by incompatible land uses that may be sensitive to blasting, dust and heavy trucking operations. Areas around quarries where active blasting is Case No. 11 -003 Staff Rpt Page 2 of 16 D1A R ISLAND FOR CUGH ?ITT REVEL PM.ENT DEPARTMENT 710 Mill Bay Road„Kodiak, Alaska 99615 Public Hearing Item VI -C C HEARING NOTICE A public hearing will be held on Wednesday, September 15, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear commerits if any on the following request: CASE: APPLICANT: REQUEST: LO CATION: ZONING: 11-003 John Zbitnoff A Sirditar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the-purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses -in the. I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or Petroleum or Flammable Liquid Production, Refming or Storage (KIBC 1.7.105.020.F), the latter use -would also require a conditional use permit (CUP) review if approved as a similar use by the commission. 465 Sargent Creek Road I- Industrial t;, This notice. is being sent to you because our records indicate you are a property owner /interested,party in the .area or the request. If you do not wish to testify verbally, you may provide your comments in the -space below or in a letter to the Community: Development Department. , rn.tc•.i1 JJo;rrr4ursullisnr:;:' veculyraff tt.1,!: f c.a.4r, s' ∎'t 1. it'n (• „s ,.;,t.,; file :L. lr IV j11 iSS R L1 %Titc_'_ 1._,,,,r.«1) 7 $1111” ?1 i! .:i:N.\iilcrr 11113' Wei 1'_r 1ii":_c,f'1)114 .t ?T s1- 'LJmuce. • !_,. ;14:wi r. iv 11 ( If 7 114'•C p;'1. i:T .' a r s. ,,;.W. -;'-'741.U71. ii, CI w,! 1:T. i%.11:r.;' 16, ?;'.'.ni You may 'fax your comments to (907)4S-9396. TO testify via telephone, please-call in your coinauents during the appropriate public hearing section of the meeting. The local call -in telephone number'is 486-3231. The Alaska toll free.telephoue number is 1-800478-57-36. One week prior to the -regular meeting, on Wednesday, September 8, 20W, a work session will be held at 7 :30 p.m. in the Kodiak Island Borough.Conference Room 0121), to review the packet material forthe case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please-feel free to call us at 486 -9363. Your Nome: t�� 11 dG1tV1 De bor�h,�6o eI.m,iti� g Address 3091_ S pn&ce {'fie. _ P Your propertydescfJription: .J1tkL7(c 5, 111•155►ech Cr-eck. p.a. Comments: A-5 (OI4t �-ty►i C �e(I5 F('ctt -5 prove. i' � 04•tJ�/lr:I'S t WC OS-e. -.rtie rc�1 O o ec( use of i and. a 5K r & t- Creek. �vn cit' w. �r feaboYtj f r op pos lfil'u► --t i ct.iaG irn hc. ( 0 3ct.45 S in r o . , Covrt e t w l t vi c_rtd 60 t ( rvtin 6%i o f 4 X t V I - li/tt-D ck 1 Vtrvidlc, 3A,Irntom. -reetvr,) - ail (A- - -tt- 14,n1`5inktfL lit c �tS`)fiw ,, DWM�d rC},e'Lt. ■4. O 455 ih of- -till s ©l l t°ct s01 I Picts poirrittcti �trrr lot:c�l yea Idt;4 t5 • ieut C We owlhgccrt, -Olt, Iana us-cr- Wouxa - 13.�.¢, Iinaacl.r tttoci p rc ems-+ -th v►ti5 o ve rs r'l kt o F- or ttlA tAs-c. are, o f • fief to ade i tcs e> � coal. a.ceccta' 3 eio occur. it we tta. be. an VA. ecexsa ai rtst- -h Com leruct WOltla. Q ��Spoifi aV rSa6 5thertt '65%?nad► . �lnAl ly I - n 5 are lt/ 1 Ehdu,sral 1,1,54. ©(- t4t 4 - 1a i5 - I4..t. gAi- J . * c— Ovef� V2CIi'ilba✓'howl hd (e crew "urn O Ca1,t.,. 1(ee9 --H , f ciLfs CLe4k) aild_ E iu I c.L • Aug 27 2010 11:32 &bC1G BASE KODIAK CHP COM tJ 9'6-f=4874963 ND 1$011.0 JGEL .PMENT. D PARTMENT flO m itIRay ds.lcotlitik; Alaska 99 p 1 Public Heang Item VI-C DEY�OPMENTDEPARTM&tUBLIC HEARING NOTICE earingwill be held •On Wedneada. rough .AtseroblY Chatitbets, 71 sit) .teMber 15;2010 The meeting will begin at 7:3:0 p.m. ay Road, -Kodiak, Akeika, before .the Kodiak Island 'fan 11.th CASE: 0.4101 APFLtCANT John Zbitneiff • RiQUEST A SitniliTtr: • 1tenrnation, according to KIK 17:15, 090.A, to allow the storage of . pet.w3ewn contatninattit soi.) for be paiposia.of A EC approved ,treatment, as a use that clittinder and lin • tOpeitnitteko • conditional uses in the I-Industrial 'zone, ineinding A&phatt •.:Stitch and Mixing Phu, • Manufacturing or Refining (1013C O1SMI.O.r Flammable. Liqi id Production„ Refining or Storage <Kt:BC use Would'also: re pit a conditional use permit (CUP) by the connniss on .001* 4i15 . Si argent Crcek joad Gt• ,7•niu.)! • •,•ig bei -:: • f'•tersy:Oit beeinse'Our reeerdS*.indiCate you are a..prope * owner/interested party in the arca a the request .If Yeti 46 not Wish in teitAy verbal* you inny:peOioide:yotri. Corrinte A in the space bel w or in .a letter to the :CortifittntitY'DOWeiOntvnt:Deriartnaerrt. Wriroshikatpirk Or: recetrkhit;....... , I, titigirtir ap, 2i 3 CI tc., in ,considereil bi ■9, The ittion?isfri■At 'ilia iio Ciiiik,i4fei: (1140' iletrAtfliriniiii;Arfa kid?, 4'41,4! ,fe.5N Moil lift, (.•;). (11) firixx prior to a )..1*ra4 te:illia.144.g di itle 11'.'ialifrbrk :1?1741i-14 111.0.41ji7-5" 0*.tatilit .binc• 44.. 26161, You i fax. your comr ens to (907) 00-9306: To '4011tOrtile1etali0 0■:Plbige,e6Mht cmnmntS lc bearing sect * a of the Inetting. The i00,101146..tetie06:tiCnitinberit..4/4%.tt..rilte AlWaltif.tattioe titoptiiaat.au ' er is-1.-306.47X-5 36. .... One wok prier to the regularateeting.,..m:*04*.itty; September .8:2016 a ic session will be 'old at '7:30 p.m. in the - d* 0:m0.'0.6E014A .gOnferenize:itocini Oil /O. to.revicw the papket.inntatial f , the cue, icntli* 1a1and430fOugh:CcitreontrildeS.yon' With speciftetoPpaliVits if you altd tee: with Ow Comtnission's decision on this requeiltritYixt bavie tiny:414646ot* ** tifltiOequeitor:yeart.apPeal rights,:pleatie f I Free-to .eill uttat 48-6-9163. , ., ,,enr; • 3 1 Vila 4 4.1 &- - . . *141iiirrigAdcliesiw, . ' r . a ..0 earingwill be held •On Wedneada. rough .AtseroblY Chatitbets, 71 sit) .teMber 15;2010 The meeting will begin at 7:3:0 p.m. ay Road, -Kodiak, Akeika, before .the Kodiak Island 'fan 11.th CASE: 0.4101 APFLtCANT John Zbitneiff • RiQUEST A SitniliTtr: • 1tenrnation, according to KIK 17:15, 090.A, to allow the storage of . pet.w3ewn contatninattit soi.) for be paiposia.of A EC approved ,treatment, as a use that clittinder and lin • tOpeitnitteko • conditional uses in the I-Industrial 'zone, ineinding A&phatt •.:Stitch and Mixing Phu, • Manufacturing or Refining (1013C O1SMI.O.r Flammable. Liqi id Production„ Refining or Storage <Kt:BC use Would'also: re pit a conditional use permit (CUP) by the connniss on .001* 4i15 . Si argent Crcek joad Gt• ,7•niu.)! • •,•ig bei -:: • f'•tersy:Oit beeinse'Our reeerdS*.indiCate you are a..prope * owner/interested party in the arca a the request .If Yeti 46 not Wish in teitAy verbal* you inny:peOioide:yotri. Corrinte A in the space bel w or in .a letter to the :CortifittntitY'DOWeiOntvnt:Deriartnaerrt. Wriroshikatpirk Or: recetrkhit;....... , I, titigirtir ap, 2i 3 CI tc., in ,considereil bi ■9, The ittion?isfri■At 'ilia iio Ciiiik,i4fei: (1140' iletrAtfliriniiii;Arfa kid?, 4'41,4! ,fe.5N Moil lift, (.•;). (11) firixx prior to a )..1*ra4 te:illia.144.g di itle 11'.'ialifrbrk :1?1741i-14 111.0.41ji7-5" 0*.tatilit .binc• 44.. 26161, You i fax. your comr ens to (907) 00-9306: To '4011tOrtile1etali0 0■:Plbige,e6Mht cmnmntS lc bearing sect * a of the Inetting. The i00,101146..tetie06:tiCnitinberit..4/4%.tt..rilte AlWaltif.tattioe titoptiiaat.au ' er is-1.-306.47X-5 36. .... One wok prier to the regularateeting.,..m:*04*.itty; September .8:2016 a ic session will be 'old at '7:30 p.m. in the - d* 0:m0.'0.6E014A .gOnferenize:itocini Oil /O. to.revicw the papket.inntatial f , the cue, icntli* 1a1and430fOugh:CcitreontrildeS.yon' With speciftetoPpaliVits if you altd tee: with Ow Comtnission's decision on this requeiltritYixt bavie tiny:414646ot* ** tifltiOequeitor:yeart.apPeal rights,:pleatie f I Free-to .eill uttat 48-6-9163. , ., ,,enr; • 3 1 Vila 4 4.1 &- - . . *141iiirrigAdcliesiw, . ' r . a ..0 .'is*rtqopoiffil......•." . . . • . 1 - • , C4 C, 6 S C , • • • • . . . . .. • 4.ear.4.3 0 D . .:,. . c _ .._ an • . E. Lo . QRAewi iti•c4a, ALirc ... ... . , ...., ... ' ..• . ... 1 • r .r. .. • ' .. - • - .. , _ r. r 1145 - rs • .• . . . .. . • .ai.,.. oci.v.,,,pri Is. aeon. AR.--ki 4 _ , OSPAcwi___ Is fON41V • . • . 04. . , I -/->aii-S---44=-111/LE: . . 0410 • * q.% - :- . I • - •.... 4 ' • • rg o4.411-4T --z-704.0..-9-4-444 _ . efv, Psi er . --0-- -p ltr „_ e. • • ‘ . . - August 23, 2010 Mr. John Zbitnoff PO Box 8849 Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us Re: Case 11 -003. Request a Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. Dear Mr. Zbitnoff: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their September, 2010 regular meeting. This meeting will begin at 7:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, September 8, 2010 at 7:30 p.m. in the Borough Conference Room ( #121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486 -9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, j'1e Qcx Yl N�111v Sheila Smith, Secretary Community Development Department CC: Jascha Zbitnoff KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 15, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: 11 -003 John Zbitnoff A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received bv 5 am, August 30, 2010 to be considered bv the commission. The commission shall not consider any new information submitted less than fifteen (1 5) days prior to a regular meeting date (Planning Zoning Bylaws amended June 16, 2010). You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, September 8, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. lour Name: Mailing Address: lour propertp description: Comments: Request a Similar Use Determination, according to KIBC 17.15,. Current Location 090.A, to allow the storage of petroleum contaminated soil for th; purpose of ADEC approved treatment, as a use that is similar in 465 Sargent Creek Rd. character and impact to permitted or conditional uses in the P & Z Case # 11 -003 I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or °• - . John Zbitnoff Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the corm! ,_ ' • ..- doer as.-4111\111 ,,,,,„„, i7vs /1 Or .• mi.,/ 40,40.....", iliVII"„.- _,..4,, it- #4 •-.Ailt, f 0.__12166. . 4 AO' ■is. e4,4,:, 1,k, lity ■ ip .■.* at * 0 Nt, ._ rw■ NAtt‘ t • , # 0.4* - 4* / . 0 . . ,•■ ♦II • 44 411;, 1ip■ ._, . , ..) *it: IIII!, ,,: ' , 's fy Kodiak Island Borough GIS Legend '� \. !� Nom. Ir Subject Parcel 0 900 801? 3.600 rr,E t Notification Area I This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. UNITED STATES COASTGUARD P.O. BOX 5 KODIAK, AK 99619 STEELE PROPERTIES JEFF STEFIF PO BOX 3369 HOMER, AK 99603 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK; AK 99615 K LIVESTOCK CO-OP P.0: BOX 273 KODIAK, AK 99615 BRECHAN ENTERPRISES INC P.O. BOX 1275 KODIAK, AK 99615 MARY'MATHES P.O. BOX 2015 KODIAK, AK 99615 DALE RICE KONIAG INC JANET WENTE 10746 BELLS FLATS RD 194 ALIMAQ DR 10826 BELLS FLATS RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 THOMAS,DEMI 10928 BELLS FLATS ROAD KODIAK, AK 99615 PAUL WHITTLE P.O. BOX 933 KODIAK, AK 99615 DALE WILDE 11016 BELLS FLATS RD KODIAK, AK 99615 JACK MCFARLAND Dave Conrad Scott Griffin PO BOX 2342 PO Box 2518 597 Sargent Creek Rd KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 Amanda Henderson 12906 Noch Drive KODIAK, AK 99615 John Isadore PO Box 33 . KODIAK, AK 99615 JOHN ZBITNOFF PO BOX 8849 KODIAK, AK 99615 WOMENS.BAY CONIMUNITY' COUNCIL 538 SARGENT. CREEK RD KODIAK,.AK 99615 Dave Heuman 883 Preston Lane KODIAK, AK 99615 George Lee 171 Otter Avenue KODIAK, AK 99615 ADF&G 211 MISSION ROAD KODIAK, AK 99615 Jascha.Zbitnoff 1731 Mission Rd. Kodiak, AK99615 Jessica Horn 665 Sargent Creek Road KODIAK, AK 99615 Dale Rice 538 Sargent Creek Road KODIAK, AK 99615 STATE OF ALASKA DEPT. OF TRANSPORTATION & PF- PLANNING SCTN. PO BOX 196900 ANCHORAGE. AK 99519 -6900 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION MINUTES August 18, 2010 Assembly Chambers CALL TO ORDER VICE CHAIR TORRES called to order the August 18, 2010 regular meeting of the Planning and Zoning Commission at 7:30 p.m. ROLL CALL Commissioners present were Brent Watkins, Bill Kersch, and Alan Torres. Absent were Dave King, Casey Janz, and Jay Baldwin. A quorum was not established. Staff present was Bud Cassidy and Sheila Smith. Requested to be excused was: Dave King was out of town for work, Casey Janz was out of town for personal business, and Jay Baldwin was out for personal business. VICE CHAIR TORRES announced the August cases are postponed until the September regular meeting. ADJOURNMENT VICE CHAIR TORRES adjourned the meeting at 7:31 pm. ATTEST By: Sheila Smith Community Development Dept. APPROVED: September 15, 2010 Page 1 of 1 By: KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION Dave King, Chair John Zbitnoff P.O. 8849 Kodiak, AK 99615 Community Development Department and Planning and Zoning Commissioners: I am requesting a postponement of my case until the January meeting of the commission. This summer and fall is finding us too busy and we will be out of town until after the first of the year. Should you have any questions call me. Thanks for your consideration Jogo John Zbitnoff /,v ` -2,v /a Jild! AUG 1 0 2010 ".tUNITY DEVELOPMENT DEPAR -M7\1 Public Hearing Item VI -C Case No. 11 -003 Introduction Page 1 of 4 my Request: A similar used ern'�ation, according to KIBC 17.15.090.A, to allow the storage of Current Location petroleum contaminated soil for the purpose of ADEC P & Z Case # 11 -003 approved treatment as a use similar in character to a John Zbitnoff permitted Asphalt Batch and Mixing Plant, Manufacturing or Refining Use or as a conditional use such as Petroleu or Flammable Liquid Production, Refining or Storage. • , \ .41.„,„ :,- 1 1 f "c, r� ,. _ �t 1' ( ... ' rt „ ..` - ,� l A.- A " / , . lir ' V *. �/ a r,.- _ _� Y ft - i. - . -- �1..- ; of Kodiak Island Borough GIS System ; .f�l V4'7\CW S 0 295 020 1180 1,770 2,360 Feet This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Case No. 11 -003 Introduction Page 1 of 4 Public Hearing Item VI-C P&Z August 18, 2010 Case No. 11 -003 Inioduction Page 2 of4 Public Hearing Item VI -C Case No. 11 -003 Introduction Page 3 of 4 _: •� Kodiak Island Borough Zoning Map Community Development Department « ;,r 11111P- V 11, Request: A similar use determination, according to Current Zoning KIBC 17.15.090.A, to allow the storage of approved treatment as a use similar in character to a ent: John Zbitnoff permitted Asphalt Batch and Mixing Plant, Manufacturing E & Z Case # 11 -003 petroleum contaminated soil for the purpose of ADEC or Refining Use or as a conditional use such as Petroleum.. • IL or Flammable Liquid Production, Refining or Storage. �.: / ,414 j 490 9I Feet - 01.3 I / IFOLit# .. Aill N.11*.v. 16, "sto )44ff _ ®� Zoning Legend Business Light Industrial [ Single Family Residential Retail Business Rural Residential 2 Conservation Natural Use Two Family Residential Rural Residential /// Split Lot Zone Industrial Public Use Multi Family Residential in Rural Residential 1 This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Case No. 11 -003 Introduction Page 3 of 4 Public Hearing Item VI -C P8Z August 18, 2010 os.c\ ExCkSt \Cal fttel°3 Case No. 11 -003 Introduction Page 4 of 4 • Public Hearing Item VI-C KODIAK ISLAND BOROUGH - COMMUNITY DEVELOPMENT DEP7 710 Mill Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 486 -9396 wviw.kib.co.kodiak.ak.us Applicant Information Property owner's name --col In 3 i':n30 F,C. Property owner's mailing address lam•O r3oK eet/9 City State Zip k00-alc BIZ C}9 Home phone Work Phone E -mail Addr. Agent's name (If applicable) Agent's mailing address City State Zip Home phone Work Phone E -mail Addr. Property Information RctrxD2.pn F)c7m 14 Cr , Property ID Number /s 3c_ S C. -T I fzii.c. r- t or /RAc - 4 Legal Description P '-'-T 9 I - i3 Current Zoning: 7—V /J J S T /li A c Applicable Comprehensive Plan: Year of Plan adoption: Present Use of Property: CON S; ,._—r—, Af Y/412...0 Sro Proposed Use of Property: s./ L.1- S&- ri ir,d Y V4 / 7, i# S. 6'E (e) dr l7. /Q dZ CF) (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification 1 hereby certify as the property owner /authorized agent that this application for Planning and Zoning Commission review is true and complete to the best of my knowledge and that it is submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plan.' for variance and conditional use requests and which may include optional supporting documentation as indicated below. Additional NarrativeMistory As -built Survey Photographs Maps Other J:). _; 3 r7 ft- 3 0,L,,,6 Property Owner's Signature Date Authorized Agent's Signature Date 1 A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, ©1993 by Rutgers University) STAFF USE ONLY Code Section(s) Involved: (7 rS of o ( 4) Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KIBC 17.67 020.B) $250.00 1— Other (appearance requests, site plan review, etc. Zoning change from to (KIBC 1 . .. 1 and . *I D Appl. tionfeceived by: Staff signature JUL -1 PAYMENT VERIFICATION Kodiak Island Boriugh Finance Department Case No. 11 -003 Application Page 1 of 6 �� -003 SALE NOD 710 161MD-108900H MI 710 MIL BAY RD KODIAK. AN 996166340 TID: 00000282163 TIME: 11:36 AM DATE: 07/01/10 MERCHANT H: 329161011997 VISA U5 27909/xxxx4991 INVOICE' 000007E3005 APPROVAL CODE :03654C see: 004 TOTAL MOUNT 1150.00 ZBITNOFFtJOCELYN L CU6wn COPY Kodiak Island Borough 710 Mill Bay Rd. Kodiak, AK 99615 ACT A PLAT 81 -8 RECEIPT DESCRIPTION /their or Miscellaneous ,PPEARANCE REQUEST yPe Detail harge M Amount $150.00 Public C • P82P 0000001 RECEIPT NO. 2011 - 00000004 CASHIER Teresa Medina TRANSACTION AMOUNT $150.00 Printed by: Teresa Medina Total Amount: $150.00 Case NR4l9e031A{f$ticii0n Page 2 of 6 07/01/2010 11:35:45 AM • • • • QQni pp .. aY.* v • ‹.4 R •r♦..• .. • •• OD M • • • ,a7 Jr • M'10 - . 4. M •• a. �.r =J• • M•l �. , oaf. ; 7t A ► t 4. Public 77. P&Z August in` 3 • _t 4 '17s °' . P •7 JZ1+ • . • Q • . it • t• rh. 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(f • O • I. 1 • • !. • S IS•gt•�J 6'• irr,„j. i • I�t "i ..4 i w•sziasaaOss■ . 24$7$$$8$4;'51 ' tt I u - ^ u I gia>"oons!fo • 4', • S D' r •( 0 tit • 1={ ili46d6Mc4 ;i'v.R- r4rP'�t'iv,WV .I. R==t.!. zVeP iztti7 t +L u —y Y '. •r. k F 1 .i •. , t • e p s •. Y � ; • . )' • 9 + • l D i .. A 3 r` . ¶ i 1 a� ` : 4 ! °i•M1i.b... a tr " V9 1.1 • /•14.'6. .1e • .,;{. •1. j • • • ` .iy,. • g -". a . am n } 'i S Fla' 4 i�. i • 4 1 , oti f T Public Hearing Item VI-C P82 August 18, 2010 Bud Cassidy From: Duane Dvorak Sent: Monday, June 21, 2010 8:08 AM To: Bud Cassidy Subject: RE: Used of Industrial Land in Womens Bay for EF (Soil Remediation) That was the gist of the similar use determination for the Brechan property way back when. That was approved by staff but now all similar use determinations must go to the P&Z Commission. 5o while I think the rationale is still valid, only the commission can say for sure what they would accept. - -Duane From: Bud Cassidy Sent: Sunday, June 20, 2010 6:12 PM To: Duane Dvorak; Martin Lydick Subject: Used of Industrial Land in Womens Bay for EF (Soil Remediation) Double checking with you .. . The use of industrial zoned property (et the entrance of Bells Flats Subdivision) for remediating the soil now stored at the high school would require a similar use determination ... maybe similar In use and character as KIBC 17.105.010 Permitted Uses - Asphalt batch and mixing plant, manufacturing or refining or KIBC 17105.020 Conditional uses — Petroleum or flammable liquid production, refining or storage.. Would you agree? We have an owner (Zbitnoff) that might be working with Woody. Thanks 1 Case No. 11 -003 Application Page 5 ore Public Hearing Item VI-C P8Z August 18, 2010 ex4C\ \v- rxits- (2), • s.9 issc` Case No. 11 -003 Application Page 6 of 6 ablic Hearing Item VI -C P &Z 18, 2010 Current Location 465 Sargent Creek Rd. P & Z Case # 11 -003 John Zbitnoff Request a Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commissio • Island Borough GIS This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Case No. 11 -003 Public Comment Page 1 of 93 UNITED STATES COAST GUARD P.O. BOX 5 KODIAK, AK 99619 STEELE PROPERTIES JEFF STEELE PO BOX 3369 HOMER, AK 99603 DALE RICE 10746 BELLS FLATS RD KODIAK, AK 99615 THOMAS DEMI 10928 BFI I S FLATS ROAD KODIAK, AK 99615 KODIAK GLAND BOROUGH 710 MILL BAY RD KODIAK, AK 99615 K LIVESTOCK CO -OP P.O. BOX 273 KODIAK, AK 99615 KONIAG INC 194 ALIMAQ DR KODIAK, AK 99615 PAUL WHITTLE P.D. BOX 933 •KODIAK, AK 99615 Public Hearing Item VI -C P &Z 18, 2010 BRECHAN ENTERPRISES INC P.O. BOX 1275 KODIAK. Al( 99615 MARY MATHES P.O. BOX 2015 KODIAK, AK 99615 JANET WENTE 10826 BELLS FLATS RD KODIAK, AK 99615 DALE WILDE 11016 BELLS FLATS RD KODIAK, AK 99615 JACK MCFARLAND Dave Comad Scott Griffin PO BOX 2342 PO Box 15113 597 Sargent Creek Rd KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 Amanda Henderson 12906 Nock Drive KODIAK, AK 99615 John Isadore PO Box 33 KODIAK, AX 99615 JOHN ZBIFNOFF PO BOX 8899 KODIAK, AK 99615 Dave Neuman 883 Preston Lane KODIAK, AK 99615 George Lee 171 Otter Avenue KODIAK, AK 99615 ADFESG 211 MISSION ROAD KODIAK, AK 99615 WOMENS BAY COMMUNITY 3 ha Zbitnoff COUNCIL 1731 Mission Rd. 538 SARGENT CREEK RD Kodiak, AK 99615 KODIAK, AK 99615 Jessica Hom 665 Sargent Creek Road KODIAK, AK 99615 Dale Rice 538 Sargent Creek Road KODIAK,AK 99615 STATE OF ALASKA DEPT. OF TRANSPORTAIION 61 PF- 1 PLANNING SCIN. PO BOX 196900 ANCHORAGE. AK 99519-6900 Case No. 11 -003 Public Comment Page 2 of 93 commwerit*Ongg.ppm _ Aublic Hearing Item VI-C P&Z 18, 2010 KODIAK ISLAND BOROUGH . , UNITY DEVELOPMENT DEPARTMENT: 710 MiliSay :Road, Kodiak. Alaska 99615 , PubliC Hearing_ltim ()TICE: TI3LIC HEARING A public hearing will 15 Jicid.On WeA1100044.ity, AtigUSt.:18„20I0. The Meeting:will beet:tit 3:30 p. in the Borough ,Assembly Chambers, 710 MtlI Bay 'Road; Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following:rat:nest • CASE; ' ' 11-003 : • -' * , . • - ' .: - • : APPLICANT: -: Jahn Zbitnoff : ' : ' : • : . '. - ." .. : ...:::: '' ' ' '':': KEQUEST: A Similar Use Determitiatien;a460x4i4 lc). (,..qic. 11.15. 0904, to allow the storage of petroleum contaminated soil for the purpose of ADE'. apProvedireannent, as a use that • ' . : is siinilar in character and impact to permitted or conditional uses 'i*the J4ndustrial: : • :, zone including Asphalt Batch and Mixing Plant, "Mantifacturiii6 or :Refining (KIBC . : 11:105.010.C) or; Petroleum or Planinable: Liquid :Production; Refining or Storage .. . : (KIBC 11.105.020.P), the latter use would alsO'reqtlire a conditional:* permit (CUP) review if approved as a similar: use by the corrunission.: . , LOCATION: - '; AO Sargent Creek Road .ZONING: . : . I-Industrial :. :: -, ' •• ': - •• • .. ,r. i: . ,-. .- ' .: , ' • This'..noticc is bung sent to you because Our records, indicate .1.'citt are a,. property owner/interested party ia the area of the request If you do •,riol',.wish to testity yerbaily,' yoii. May provide your comments in the pace- below, Or in ,.4 letter to the .... ..., ... .. Community Department. Comments mum! be recervett 1, 5' inn.. Aneitst 3_ 2010 . to he tittletC(1 bv'tite .rieVeRipment comniissiott, The:conwAsion. shall not coasliler any O» infaiiaaiion sabariite4 less than fifteen (15),. days prior 10-,a regular matiiing flak (Plata:lag Zoning: ifyiali.s.athentlial June 16, 2010), Yotr, may fax your comment r to (907) 486..9396. To tettifxviatelephone,.please ealltitiour eoinmegts during the appropriate pubhvhearifig.seethoi:ofthe'ttitiOng. The Joeal.ealf:ftiti!ephonp munber'is.4.86-3231; The Alitska:telkfteitelephette number 1T80.0-478i6..73.6. " ,.." ,. ". : • :'."-- . One, Week prior tct 4:regal4.iiiceting...-es *eduesday, August I,1„ 2010,41; v.,o* eion will be held at 730 TIM,: hl, the Kodiak }Iand.litoreitgh Corifererice.KOM:(01i),), to review the packet material, for thetase, Kodiak lAiitad Borough Code piovides you with specific.appeal' right' ifyou.'isagreg with the Commission es decision on this rerisst•It•you haye:any:qiiestiuns about the reatiest or.youraPpeal rights. Neese feel tree to call at 484...903... ' • ' — votii-Nii.ii essiaa,:)i4br4 ' -2... :' .1:.., ...' : 'Mailing 4ildi-6i: Seir6Orrks.-04:e14 Ye u r* dkes c p' tcil; . 4 .i - 6C0:i' lk 5* L:4-3 - .: .,.. • •-: • ...,,r pirp il. y S. C'. t..■. -.,.4 .i.. i:•••-•:':•. . .,.• .- ,-.... _ \ . — • -"td 6iiiiis (AVri 1/ l /6 jLf Lif, am. A ' ---Asc - Je\.;i, - in i. oe ' '.., .!1:14..,'-'i.A.v.stANA... :',6)... .'i'i.:65,1.:1-iti, . ..16-eet.:.VI :4 i ... ex•11. : s. • '' — ' '-: I' ' *, . .. , ...: : . .. . , , . • -...- : • f - . - - . • d.,:...:• „-4::5--,rit .4ci,• ve4;11.:A,An ,. In -11-.-174,51,4e :. '',;ii,,-..•••-ee :(1..4r! .: •- •--; 4:-Cre4 1 ''-ii:i d -tyiti .cscii.g.-. Ni.,..4-:--- . ;4.i..-- 8o,rvi.i,v;ir' IN-Ssi,-. - , 0.-. Z...1.941-tet L.,,, • -14.1i1YI '. ',...efii 9.vt :e,reik .extio-, ii46....•_a. :. ot■4100,r- - .11,4: .41. 175 a ne131;161A , e .*. Lk's 4.::, fa,t te 1,,6,... kr-Ctiv,-** 4 1117n;` 04-yr-•ItteNA in..Nr. ltiX .. L& ' " • eA.SO4,15 ; . . : ' ' - .'. . ' . ' , . , . .... , , . ,., ,., .. . .. . . •, N'.. 4,. .c- „ . - -,. v., . . ... . . . . . . . . „ . , . . . . . .. .. . . . . . _. .. . . . . ..._. .. . ... . . . - . . . .. . : : - ... .. . Case No. 11-003 Public Comment Page 3 of 93 Public Hearing Item Vl-C P&Z 18, 2010 Case No. 11-003 Public Comment Page 4 of 93 :Iblic Hearing Item VI -C P&Z 18, 2010 KO DIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C A public healing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear, comments if any, on the following request: CASE: APPLICANT: 11-003 John Zhitn 11'f se Determination, according to KIBC 17.15, 090.A. to allow the storage of aminated soil for the purpose of ADEC approved treatment, as a use that character and impact to permitted or conditional uses in the 1- Industrial mg Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC C) or. Petroleum or Flammable Liquid Production. Relining or Storage 05.020.F), the latter use would also require a conditional use permit (CUP) proved as a similar use by the commission. Creek Road COMMUNITY DEVELOPMENP 1W MiNT ' L ZONING: I- Industrial 'This notice is being sent to you because our records indicate you are a property ownerrinterested party in the area of the request. If you do not wish to testify verbally. you may provide your comments in the space below or in a letter to the Community Development Department. f.:nriiments must he received by 5 pne..Autust 3. 2010 to be considered by the e,.nunissinn. The commission shall not consider any not. iufe,rmarinn syl,nrirrid less than fifteen (15) flans prior to 0 re :,,ular mrctin, dare (Planning Zoning !)Tells amended JanC 16. 2D.!O). You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 -478 -5736. One Heck prior to the regular meeting. on Wednesday. August 11. 2010, a work session will be held al 7:30 pm. in the Kodiak Island Borough Conference Room (1121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questians about the request or your appeal rights. please feel free to call us at 456 -9363. /1 r g� Your Yams: t t Mailing Address t Your property description: T h - C4-i1' P.- lit. $ r; ' ,4-'' -�- 'S r - (C....— Comments: TA e_ el t a J =:- V---- +'at.) / ! ,-L4 i4'., t' (9 1'^... tiri l --t.A4) ia.-c_ F }, =r}� 6 Case No. 11 -003 Public Comment Page 5 of 93 Public Hearing Item VI -C P &Z 18, 2010 This Page Intentionally Left Blank Case No. 11 -003 Public Comment Page 6 of 93 KODIAIK ISLAND BOROUGH ITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 CO AN - 3 2010 Ublic Hearing Item VI -C P &Z 18, 2010 COMMUNITY uvIEaOPME1 DEP Public Hearing Item VI -C IC HEARING NOTICE A- pubtie hearing wilCbe field on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 11 -003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use pernlit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments must be received by 5 nnt, August 3. 2010 to be considered by the commission. The commission shall not consider any new information submitted less than fifteen (15) days prior to a 486 -9396. meeting. The p.m. in the on this regular meeting date (Planning Zoning Bylaws amended June 16, 2010). You may fax your comments to (907) To testify via telephone, please call in your comments during the appropriate public hearing section of the local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1 -800- 478 -5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision request. If you ha any q ti ns bout the request or your appeal rights, please feel free to call us at 486 - 9363. YourName: i 4.7 6 D/7' Mailing Address: 4:2 ' / ve/ e i Your property desert t i on : Comments: �r S ,0_, GaY �� / - we e• I�J . _.5.4"://f r � dXs07e.,4 4 g yP.- - 4 L , i,, f,../„ T t S.Lr /. 7Ar 0-‘9",/;71 /43 ei,, —e r / Case No. 11 -003 Public Comment Page 7 of 93 Public Hearing Item VI-C P&Z 18, 2010 This ntentionally Left Blank Case No 11-0D3 Public Comment Page 8ofG3 ubtic Hearing Item VI -C P&Z 18, 2010 Dear Whomever I know you can't count these as written statements exactly but since I kept them for 7 yrs I thought you could at the very least take into account all the people who helped us in our effort to keep our families safe and our property values intact. These are the signature sheets from the Brechan dirt burning fiasco. Submitted by Rose Cobis RECIEllW AUG -32010 COMMUNITY DEVELOPMENT DEPARTMENT Case No. 11 -003 Public Comment Page 9 of 93 8/3/2010 Public Hearing Item VI -C P &Z 18, 2010 WE THE PEOPLE, of the Kodiak Wend Borough protest the operation and location of a contaminated soil remedsation site in our residential neighborhood as well the faulty decision maldng process that led to this situation. K C/ 7070 B , 3578 ,,,, C,, ,bc s tea U• 1 '7 09 G LG+ 6c',('vf 2 c 2gl Id/LAO agliP d— iirteA-v 1- Zgol J 4 lals6 cc( Pr 7.230 f/o__ . 4 5r. _ • Jai? x /2 _Woo d r, 4/99/ exf 1 oN ~/' M %M 0 ,,' =Z1 ILO —91 c-) Y 7 i11i'7i! - Case No. 11 -003 Public Comment Page 10 of 93 C %ublic Hearing Item VI -C P &Z 18, 2010 32- WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediation site in our residential neighborhood as well as the faulty decision making process that led to this situation. ADDRESS 2 /,2 t1r[ LC ,& E 97- PHONE # 1137/ !14 7- P,rrzrr //37/ S. R J 7 -, (l/ nD L187-I96 z. / /Orcj L4te hih7Lf 1/ O r 47 e_ s (co 10,14.. 9--S- Po 4nx 2 "7 73 wimat.0 C. e d 7- 2/03 L(0. L/ 7.. y3"? 1�a�I Ai ls IriSS�r\ -€--- /&'74' 1) Vast !N //4 ! 11-1 64- S n tA ti., EV S 240 kdeR, l,Ut 661 a-t- ',gr. Ct L{ 24c3 4-8 -- 2289 9"- SID kir7- Case No. 11 -003 Public Comment Page 11 of 93 \.J Public Hearing Item VI -C P &Z 18, 2010 32— WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediation site in our residential neighborhood as well as the faulty decision making process that led to this situation. NAME ADDRESS PHONE # - 2,133 3is -- 1 \S 4 7 9 ' 1 ' 1 4 1- L X187 — )-36, 11 '1 - 3(1 .1 7- .2r3 42-r -'{a9'/ 7-� (p -2:365- 1-12 -a3605 7 iti/7-1/5 23 GWArc1 (J. rboo& N ocL, d.., /01a35 d-,,, 1,9k 907 -- iR /-,507 tcl eta 1Q /1(3 /7/r(#< o�/l /1513 Middle &2.&i br. r/©1 -x/9-7 --2763 To"3- .271 Case No. 11 -003 Public Comment Page 12 of 93 ablic Hearing Item VI -C P &Z 18, 2010 /V pvt °vim I WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediation site i neighborhood a NAME ADDRESS Lts /2. g/ ,/1 /GG /Y Z24 �. tissl.6,6 fd to S PHONE .# 4r7 r qq 7 a k Li 7 LI c:/ 2(s-� , • tam. sawwywi •,�•••�srrriror— •�wrrwiMML' MMIIIIIrreg iurwir 5- -DS cam=. ftayic?s t a c,4 i 1 ,vt :4{1 [ 64) Ar,lht Satt pa,`` ,1/7 fS14.7 1 RC —s r bk) C -f i cc —rznk 1 ocr(r) f3 C c C F-LA, (2 \ 12-22 - AJocrf CaMr oo fit. P, 6 &x r 7, fees Rea?, il \oe11s \,.O, P\ 5. - Pv Box )oZ L/g6 -; —8 y I -1(12 . (f 6204 99;7 a i6 /R INa 1 /2eL /v ' ii)(11 //a /5"e/A714s R 1/0/5 cJvf•-1/,'s 2g 1,953K Ji rke( rr-.S e a- ti (� --y) /3 Case No. 11 -003 Public Comment Page 13 of 93 Public Hearing Item VI -C P &Z 18, 2010 WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediation site in our residential neighborhood as well as the faulty decision making process that led to this situation. 1 f i'•:1.saw uoo '.� 1► A "rr r -1:111461M11101a, (P2_ IZ7/ 7 Yotr 'fox 23 6-4,z_ t .SWAl cve. P.O. boy '<OWI < /977 "66e_caz7/4 e ' Pl I K ciAI Y1' Case No. 11 -003 Public Comment Page 14 of 93 1 934 Zgb) blic Hearing Item Vi-C P&Z 18, 2010 WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediation site in our residential neighborhood as well as the faulty decision making process that led to this situatiOn. q to / ; PHONE # occz ee& ;A L.4 • 3mumnmugunirkwbx rsZ._ f7r e rl W2v4 s'? • 4 jaw , °9 -1 r1" A 11# 70'5. c* ( ddle qace .0 e g — 2 e07 3 e Iler"AMMIIMISMONFAMAIMMir Ali it b *I OINNIVIEZMA -4101- / • 4 cfq2 — — 4 Ala '9 • 0 .506...A.c,104 5 23(fieo AA 1 .9 II I,' • , Wel -.3-1 e (` 1—clytai 2_ 32.c qg ? -1_ 0 v rNr, E 4 s e S Kc rek) er /(1-37 latneis Xra7 LZ- iet P6e-k s. - ZZ. e qn- 199 A -j-Jzz /vp-er- Case No. 11-003 Public Comment Page 15 of 93 Public Hearing Item VI-C P&Z 18, 2010 6 Eql Scckb,s- WE THE PEOPLE, of the Kodiak bland Borough protest the operation and location of a contaminated soil resnediation site in our residential neighborhood as well as the faulty decision making process that led to this situation. NAME ADDRESS '0° cal e'detr.44 aidP Soi4-14k iTeb.; 1(112 d cuA pt.4dt 3 P AOrfi, PHONE 11 K-04 Case No. 11-003 Public Comment Page 16 of 93 {iblic Hearing Item VI -C P &Z 18, 2010 WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediation site in our residential neighborhood as well as the faulty decision making process that led to this situation. NAME ADDRESS PHONE # p -% . epril5k. y gox y91.; 11S13 .�td��>g OA o la *- ).716��s � � 1 7k ,Ig� k sx J zoo �, ,11, $y Dr ,�/�?` - ILIA �l.t,2 _1oLc-,.. 0,-N 112:-/ L) ;�-i.O. , • 1 A 11—/V l7 - "2 -3 6.,5- - i¢ZC /,4 /Gb' /l37�G 13r'- ' ;1 4 757. 4z.4--7 -z 5-1 �Ublss 11z3 rvAn ; Pg. (to. (30A2030 4t'7-R7U L Linda. Pat-LS kak,K. Nh • 407 - 3lo5- '----- S / IP o c- 3 11Z3y wit�Ac -Boy 7J 7 -9'7o o TA UF F r Po Box 1' 07 0A350Ntc -9 1481 -1333 ✓!f 4i/(i.4 4 7ROS-✓iGr 11132- Lab. ,C'( I) r.(1 irck. ((s'!7-H07 --T l..,U. A.71- o.c��ti1 cc. ,L,-..q7. Lk. (:), -kb.,; CL. Lk-&--1, -1`x'7 v y -or ad - - or 781 g7 `.2 yS Case No. 11 -003 Public Comment Page 17 of 93 Public Hearing Item VI-C P&Z 18, 2010 WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediatiou site in our residential neighborhood SS well as the faulty decision making process that led to this situatiOn. NAME ADDRESS PHONE # 1.6,e0- ',OgD ctzk Lii az ( I!"/ ct" 1D,S-gl C11-74 ,lic _1)- -22-c9 EST 1-(q. 'plc_ Ai A-1-0 II 3(0 /dOm irAfc JR74-YD, . 7- 99.0 P o l k i . C i-, 1, Pcthu,, LhANA-- 11 20 SaA- C/v.-Lac- (?4 -1- A,40 4 Do,'Nv.c) L. k i2 C,,,ts. 941oz:s- P IV/ i'a ge))4.- fei,9 Ale- CK/-, le,-644:3- Case No. 11-003 Public Comment Page 18 of 93 iblic Hearing Item VI-C P&Z 18,2010 3C WE TIW PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediation site in our residential neighborhood as well as the faulty decision making process that led to this situatkin. ADDRESS PHONE # ../--t-ef e. /233,5) -24 W7 —9- 5 .e9triq,4_ i Vcvj o , ./ yr, /At 160 fhp.e, 4.ys e 1, 1.1 o ,( _I 4 Case No. 11-003 Public Comment Page 19 of 93 Public Hearing Item VI-C P&Z 18, 2010 ,c Sr s WE THE PEOPLE, of the Kodiak bland Borough protest the operation and location of a contaminated soil remediation site in our residential neighborhood as well as the faulty decision making process that led to this situatkin. NAME ADDRESS F tifl,J rya., \uP cz.u%Av. cro it A 1:21m1 Aulttrit &s\- NotN., De avoti 12Uctv LpEQ. 17-qet 4 Q'S Rici 1 Mc1(4 1R in in; 0444 PHONE # 423 —2-1,3 q-i9/(4 - iN 7- 2L' --1-1077 ..■■•■••■,••■1111111110•1111.. Case No. 11-003 Public Comment Page 20 of 93 Hearing Item VI-C P&Z 18, 2010 WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated sod remediadou site in our residendal neighborhood as well as the faulty decision maidng process that led to this sitnatidn. NAME ADDRESS PHONE # it.P(R+ atinach)(6,-6( il lab DitiQ fl '7— 7696, 1/44 IV\ dAia_1„... Po.,!, (747)1LI-Nx'c 02_14Z-KliS kadtk •-yt.f 1 Armin/yr ck (G eff Vz,v6L, ___ lz.g.c5Aa D,(IsSa---\ 14,06 itlic 501, /•,e. -2 6 9._ Itirn ts.kaa. . ivt44.14 42,7 • 1 b Ltcrrie, • tA-e-- f•-tOPI.€ t Oft ae At. . A Att S-7 ..a r , 1 2.- 0 Lig 2 L. —3- 0 tiflrill.t111111MINIIINIIIIIIK.. 7igicet.il a VCLk N/ .O.LA lk I re / CO:%Ic (07 V72- t Xi) ill" 72 —Z??? 7-2367 ( . 7— 7-Z934- . ILI, IN.:4 "7,1 L Case No. 11-003 Public Comment Page 21 of 93 Lt , Public Hearing Item VI-C P&Z 18, 2010 WE THE PEOPLE, of the Kodiak blond Borough protest the operation and location of a contuninated soil remediatkm site in oar residential neighborhood as well 111 the faulty decision making process that led to this situation. AME ADDRESS 13,4--TD e Po D4b (-)).4- :C co PHONE N 11106 5, /2-0sPitNi Mgew, e •144 1 L/iJ ' 1.1 et kif...r" Case No. 11-003 Public Comment Page 22 of 93 0 WE THE PEOPLE, of the Kodiak and location of bontaaninsted.Q1 neighborhood a$ i as the faulty this situation. NAME AD ablic Hearing Item VI -C P &Z 18, 2010 1400uh Pretest the tiper*tion *OA gel to our retildentbd ifo prate that led to HONE #� - 2 ?L'7 4 Ra IaMiltdr \ c e P� Z (Sr h� t•• � .0,, e , tdlw. Sin lob.y� act/ '% :��U �•Z ; t S r'. r - X1./.:2 4# am' �[ 1. ®,ID; r 41013 ni5 Case No. 11 -003 Public Comment Page 23 of 93 Public Hearing Item VI-C P&Z 18, 2010 This Page intentionally Left Blank Case No. 11-003 Public Comment Page 24 of 93 ODIAK ISLAND BOROUGH TY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 r''`^MUNITY DEUELOPMEPIT DEPA lblic Hearing Item VI -C P &Z 18, 2010 Public Hearing Item VI -C IC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: 11 -003 John Zbitnoff A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to pennitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments must be • received by 5 pm, - August'3. 2010 to be considered by the commission. The commission shall not consider any new information submitted less than fifteen (15) days" prior to a regular meeting date (Planning Zoning Bylaws amended June 16, 2010). You may fax your comments to (907) 486 -9396. To testify via telephone, please call In your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room 0121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: D ia.t e- 1 note. - (-Coo tt Mailing Address: 1R-13-9,5 mimic. Spa D r v-c Your property description: r.- i cf... -4 comments: :t_ 4-V rv1 it et iRff icL, I E ie C c.:ru+a t' c t , eo mail- eL.+-u.- Tn t., kL�<4.+... 0.1�t, .. J - .a. "-C., w.,2- ,.2 . W r .,,i, S.4: Q ? Cu 1,.,* Lc, -tom 4 }, - g -o-,;Q ? R'Lw Yyu..4-4., �1.e,A cx. A . 4 J*"- C.er o a-1 i tL V ? 1-0-1-Zt- L.-4-&-0.-4- ..w, /-e -tom -4-eq.() ..e,- c-e.., ,,-, -.�,Q Ltd( ct -ed 'YS -e a-,-- -b ?n-(- -2--r-S? Jd - , _.tI.,..- p. 6- :.,... +_ -4 (/ -EL lT.n ut� : -'mod left. . --V` -%v,) . iL-aIA..A_I i-c G�Lt.Zp, —.,�y - " , �w " 1''CP 2t a(j 54.—, CCO�J[z It.? _..e. k �ii ail () t� t.JSay . 1 +�K i w �ix3 _dd • ! ! :.._ C---Y- frill I� 1_; > ... • �. ` — j f ,o GAY Ct3v1 (YD . t (jl,.c -e -ki 'VA— - 4-e-a) ..oi ? L'-€4 Case No. 11 -003 Public Comment Page 25 of 93 114.A.A. —120—FA, Public Hearing Item VI-C P&Z 18, 2010 iJ1-ar „P_Altte / , J*2,e41A) Oe.ef2- P/e0 ? 60A5‘ c,,A..„Jr A...„1&s1_4 CL/Lk_ cru_A— -VZLe--es■tE:17- Itsk . 3 et,L9 rnArV eA9t_ Case No. 11-003 Public Comment Page 26 of 93 siblic Hearing Item VI-C P&Z 18, 2010 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI-C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 11-003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A,'to allow the storage of hat *al petroleum contaminated soil for the purpose of PFor-eveci-tf-eatilientr,„, „ is similar in character and impact to permitted oij us [InTie zone, including Asphalt Batch and Mixing Plant, 17.105.010.C) or, Petroleum or Flammable Liqu (KIBC 17.105.020.F), the latter use would also re review if approved as a similar use by the commiss LOCATION: 465 Sargent Creek Road ZONING: I-Industrial ge COMMUNI1Y DEVELOPMENT DEPARTMENT This notice is being, sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments must be received bv 5 nin. August 3, 2010 to be considered by the 'Commission. The commission shall not consider any new information. submitted i&s-than fifteen (15) days prior 0 a regular Meeting date (Planning Zoning Bylaws amended June 16,2010). You may fax your comments to (907) 486-9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The Alaska toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7;30 p.m. in the Kodiak Island Borough Conference Room (121), to review the packet material for the'case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: [')Ake litcs Mailing Address: /D 741 D L-sz 4s r 4 4 75 / Your property description: 3F/1 oil/ 3 .67-c. 5 F,_,4 7 c A.040 ,. Comments: it) 47 14 4v cF 'l' 41 T -7,--/7_5 5/ 4 ti 7 - T' 6 - 0 A. vo r , ) -77-/- , 0 t---g. 5. . 44.- rs 5ei7P/ i'/S/z-',V, lAr /I- 1.- 7- ir", 1 5 , e / C-- g r Ci- ' t--) A 4 5 7' 7/ ,s./ ir 11-}1 5 w 4 5 "ra i ID «- -Ili l ‘ 41-(tr4 77t'- 171-49 4 /1) $7-'d 1 4'5 P P b4t i }(11-'4; /7 /1- 7c-i-f P L i-r-v 7 1 it o M e-- if,/ 7'y I - - /Y -c-r- 5e4. c'/4 7.7- -f-.7 I r lee 011 P it 7 ( a i e /, '7' 7;44e-y- 11/ 14/L w 1 7(j iffai 01./ pi, su t 4 s ' 0 T AV-- '4 - r 0( f c r- - "-- "4 o'sl -rof F" , - , 1 1- ce_c.--*v (/' I.d/ LL-- 'Art sc w 1 --rfrE 7i 174-7c6( P( /1---/Y ,--1,9,14 a-z 4-.--D (455 /1,),a 'f,e,-- ap 141L.,_ Hods( g..-- 6 4- qe--P i r- , 1V j(+4-121,7 141.. 1 vt= * f'q v3cer 7AL-- I , 4/0 14,41' -re? 4-1/>)-c- /17 4:- 77-fr hio of II., e At-17 i" >r, /70 7,,-t ,STOt"› 0 s r ' 7 7 - 0 5 1 - 7 f it- AC- ,i4 A ir-y .9 A/ 57 i---#4/ 5 7 1-64- 7 4-7,./- 0F I-1 rt z , <7 7 o .s of AI-74,7,2J 4 L ( a vz- 1) a ) f 41 ( i % 4---#A-- - 71.77Z . eL- pvivP er' C v— sm.( 144-p 1.4/ 1,0 k` A. 4-57 5!t- Citt Pa LIP (tV Case No. 11-003 Public Comment Page 27 of 93 Public Hearing Item VI-C P&Z 18, 2010 This Page Intentionally Left Blank Case No. 11-003 Public Comment Page 28 of 93 July 29, 2010 Kodiak Island Borough Planning and Zoning Commission 71D Mill Bay Rd. Kodiak, AK 99615 Dear Sirs: Hearing Item Vl-C P&Z 18, 2010 COMMUNITY DEVELOPMENT DEPARTMENT This letter is in reference to Case 11-003. 1 believe that storing petroleum contaminated soll in close proximity to three bodies of water (the Russian River, Sergeant Creek, And Women's Bay that abound in wildlife and spawning salmon would be very unwise. The chance that this contaminated soil could leach into these water sources, and into private wells, is too great. | recently heard testimony concerning the 10 year lease provided for Brechan Enterprises to extract gravel in the Bells Flats area. Borough Manager Rick Gifford acknowledged the problem associated with mixing industrial and residential zoning in the same neighborhood; in the case of Bells Flats, a problem that was created by the Borough. Mr. Gifford said that if he could wave a magic wand to correct the problem, he would. Well, you now have an opportunity to wave a magic wand to keep the industrial footprint in Bells Flats as minimal as possible. Even if this property is zoned industrial, it does not need to be developed in such a potentially dangerous manner. Moreover, having additlonal trucks constantly entering and exitlng a property right at the highway entrance to Bells Flats is an invitation to an auto accident. If you decide in favor of the above request, it is clear that the Commission has no interest in addressing the problems associated with mixing residential and industrial zoning in the same area. I hope that you will deny this request. Thank you for your consideration of my comments. Sincerely, oe D'Elia 12110 Bells Flats Rd. Kodiak, AK 99615 CILJ Case No. 11-DOD Public Comment Page 29 of 93 Public Hearing Item VI-C P&Z 18, 2010 This Page Intentionally Left Blank Case No. 11-003 Public Comment Page 30 of 93 nlblic Hearing Item VI -C P &Z 18, 2010 Rug 02 10 07:36p Rndy & Bernie Finke 9074872885 p.l KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road. Kodiak. Alaska 99615 Public Heating item VI-C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road. Kodiak, Alaska. before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: 11 -003 John Zbitnoff A Similar Use Determination, according to KIBC 17.15, 090_A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to pet ii tdd—or conditional useTa the 1- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production. Refining or Storage (KIBC I7.105.020.F), the.latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This noticc is being sent to you because our records indicate you are a property owner /interested party in the area of the request. if you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department.: ..nrn•enr: n) :No h, recv h:vl in ' ow..aecast 3. _rSn t•. h, .•1:•.,i∎t.'r11? il, ;t1.• 11:;: .i,x ?: :t. .. C•...... : %, “.q: ,/:. :ii ) :ll: t•lll:,::'.•.• e)11 : ) :1'11' ill!!,)77:7t:,: %:ih :.:it•d ....... ! . .'t.' :. ... ..... ...h..• 10 11 r.. _ .. :1• . , . .'11. 't :•lr. ci •.. ...., :I:::•.::u:el:d :I.1): rte A. 20/0,. You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments daring the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 - 478 -5736. Onc wed: prior to the regular meeting. on Wednesday, August 11. 2010. a work session will be held at 7:30 p.m. in the Kodiak island Borough Conference Room (11121), to review the packet material for the case_ Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 - 93``63. q �/ Your Nanc '', Rives di, —,11 -42 Maifnc Addrem: � !`,a 0 /.Grp %C C4.%G R. el /�// — rl j Your property dcsc�` ttW-46 -'oon: Comments: . /f- .g.-( ,- 1..G / A.1.e. .Gl��:/i O/2C�'Y / e ,-zci1.Z` ,, I .. /.L_. id _,!�i ./ Ly_'i . -1 -ALA / G . .. ' i /.. 1 . / / ffr.;,CA -1' . A 12„,e2,2-1../ %1? ?. Af%P . 1.2-G!l — .4r/. e0 . , t 0 . ice? ?vim/ tiG +�_/.•� .4F't� L.�i t-G Lf CA-k_ �6F _ �i"LC . TitP/t� / �GU' - ,14K4.,t1 i4 L ie.,42 � L de-44 .%Gc� . .i / !I L .f-9 .4.i1._'_... .ICS fir ✓ ii ..m..e i - �i» _af Le, / / der -AP/ ..a. _..v ._,y -, .r _ Case No. 11 -003 Public Comment Page 31 of 93 Aug 02 10 07:36p And & Bernie Finke /V2-e- /22.e.ez4.2cy legt9d aer.,6Aiet-APe.- - „ 4:271--e frnd a-rkz-/- dez-2-2-zetr-.. ,i7-646-•& 77 ..e-6; lexezt-e 0,e_e.6 r 9074872885 Public Hearing Item VI-C P&Z 18, 2010 iktke--e-64"41 Case No. 11-003 Public Comment Page 32 of 93 p. 2 (TJiblic Hearing Item VI -C P&Z 18, 2010 KODI[AK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 7101%4111 Bay Road, Kodiak, Alaska 99615 Public Hea Item VI -C PU C HEARING NOTICE. A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.ni. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak. Alaska. before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any. on the following request: CASE: 11 -003 APPLICANT: John Zbitnoff r1.le;Detetmination, according to KIBC 17.15. 090.A. to allow the storage of minated soil for the purpose of ADEC approved treatment, as a use that is simila i aracter and impact to permitted or conditional uses in the I- Industrial AU _ .zoneI!� ine d f Asphalt Batch and Mixing Plant. Manufacturin g or Refining (KIBC `1771f15.0 tor. Petroleum or Flammable Liquid Production, Refining or Storage KIBC 1 1051020.F), the latter use would also require a conditional use permit (CUP) COMh UNITY DEVELOPMEi�Yp431 'd > rived as a similar use by the commission. t LOCATION: 165 Sargent C-?cek Road ZONING: I- industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the arca of the request. 1f you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments must he reteiyerl by 5 pm. August 3. 2010 to be considered by the commission. The comnri.'sinn shall not curraider au }' nrrVI' infitrutaliom snhmirrrd less than fifteen (1 5) drays prior 10 a regular marring dart (1Vanniu' Zoning llylatrx amended June 1i, 2010. You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1 -800- 478 -5736. One week prior to the regular meeting. on Wednesday. August 11. 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (11121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. YourM'ame: 1.:.-43-11C G ii-i '/N. 111 Address: IIIy7 h�rhlf�i�t f gosv b T /ailing Your property description: ` e - F�e"/,.A,) !t eS/Gil ✓i (t (? Comments: 1 l 1 ° 1+11 Coll 6,n" �a r 4t CUM ' r.,+, pu ere/ Ca' 1 1,40"141 e /�4 5 -/f• reG( rt}ta 1L.(. 1 1-(4 J 5.114..e.1 S /ti t.orA 447 Q //top-5 . lief 74" Yp /1 Tot' .111%06.. I f ender W it i✓. L/l c� u;�h /e'I �co, c%Pr Gi e tj f rg'S ct < �,crrJLt 5 r -c ' 0 v►11 k'-t , . �at`� A-fo;.i /wz`t.. .P67 k..e,% 4.e (r i it-t/75 , -7-1, ecr.e c.. 5 41..111-1‘. -� t:� r 0-c,t,. 1 • re , , z I • - e• ..n L - -ill 1S (�lJ.. / Case No. 11 -003 Public Comment Page 33 of 93 Public Hearing Item VI-C P&Z 18, 2010 This Page Intentionally Left Blank Case No. 11-003 Public Comment Page 34 of 93 ,Jblic Hearing Item VI-C P&Z 18, 2010 Rug 02 10 07:27p Rnd & Bernie Finke, 9074872885 P - 1 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak. Alaska 99615 Public Hearing Item VI-C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.n.). in the Borough Assembly ChamberS, 710 Mill Bay Road. Kodiak. Alaska. before thc Kodiak Island Borough Planning and Zoning Commission, to bear comments ifany. on the following request: CASE: 11-003 APPLICANT: John Zbitneff REQUEST: A Similar Use Determination, according to K1BC 17.15. 090.A. to allow- the storage of petroleum contaminated soil for the purpose of ADEC approved treatment. as a use that is similar in character and impact to permitted or conditional uses in the 1-Industrial zone, including Asphalt Batch and Mixing Plant. Manufacturing or Refining (K1BC I7.105.010.C) or. Petroleurn or Flammable Liquid Production. Relining or Storage (K1BC 17.105.020.F). the latter use would also require a condition& use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: 1-Industrial This notice k being sent ro you because our records, indicate you are a property ownerinterested party in the area of thi requeSt. If you do not wish to testify verbally. you may provide your comments in the space below or in a letter to th, Community Development Department. ; ' ..... •.... ., _,.........: .•'. :_ •:......_ ._. • - ....'. .. _.._ .....:7 ' _.:... • . ....__.... - ' • ' . . - ,;- : •• •.• . .. - ••.• ' . ' You may fas your comments to (907)486-919h To testify via telephone, please call in your commcnts.cluring the appropriate public hearing section of the meeting. Thy !local can-in telephone number is 486-3231. The Alaska toll free telephone number is 1-800-478-5736. One week prior to the regular meeting. on Wednesday. August 11. 2010. a work session will bc held at 7:30 p.m. in thl Kodiak Island Borough Conference Room (4121). to review the packet material for the case. . • Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on thi: request. Ifyou have any questions about the request or your appeal rights. pleasc feel free to call :Js at 4;36-9363. Your Nam: 4-,i(e.41 ir,rle-e AlngAddtess: c",,..)-A. 2-- -e fi, S*, I-Lne c......terVe , propert, ancription: Cie.ii l 3 go- 1 Vour i- Commehrs: :-T. 4 1.-■01 lc -I 1.1.'S 17S. C.4 6 1 CI P Icl• e 42,r- 1 1.7 .'-`3 la fci-,4 t - I > -too C1 ...A4.7 /2..) e". Si town .7.--± ((.e •1-0 Cec% 414341,11 I.. To, s€ to 7-4e. out, itt‘.. -4 a'..., / •;-447efe i"f" lete--P-,10 _., 6,01C - i - e t• r.' 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The meeting will begin at 7:30 p. the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: :I 0PMEN l 0 l'iklt ID MEN! Public Hearin, Item VI -C C HEARING NOTICE CASE: APPLICANT: REQUEST: LOCATION: ZONING: 11-003 John Zhitnoff A Similar Use Determination, according to KIBC 17.15. 090.A. to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the 1- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Relining or Storage (KIBC 17.1 05.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. 465 Sargent Creek Road I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments .must be received. by 5 rim. Au!tust. 3. 20111 in lie cotisidered"_hv Elie. commission. The conrmissian stall trot ern:Airier uar atm, infarmaiian' submitted les than'frfte,'n (l s) days prior to u rrxuh,r meeinti date (Manning onirg, 8ylarce amended -hare 16. 2010). You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486- 32.31. The Alaska toll free telephone number is 1 -800 -478 -5736. One week prior to the regular meeting. on Wednesday. August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (;1121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. if you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: jlelfanl')a 1171:7 Mailing Address: 53 1 V I's Ii14 We Your property description: G Ian 12e10 We 144 th VAVe. oil nil/ 12-w ieitnoverv- ,it6iC. vw9 1 comments: 1 inpWI t2co i a IA R ('v V 4Gi wtof 13e4'1s -frets av;i 4 oili:l te t do v t I tVt; V rV 9a4/9 t Ci rol= 1 I/XklWe- tl44-V Gts 6%- W 2V1 1041 e7 C 4wviwwi t j wu�vo t t /✓t s k; pf-e -A fi twine-6144— 7 wie • f iv4' vend fvveArAcst 1 olowiti 1A t4 1s xF r{ss 1114 1 owl•-- Inn•t aloutio5t soil irm-roiticittovt 1mi ouwi vv_e v'4. ( (xt4wc, Th4t okAAA -vuci w fill.- (8vl 1M1444 L'rl?d son 1 t s ot44 I a✓tatilt i'59 14,C, Thai V1/1/1451- L Q(la It w i tin AA t4 4 vam,Covect i . pvbees .vt&- i' l Aro e F 1 i v& yvit-Thad -b'a do 4. 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V-16 (2-6- Rwtrovvp,-- wi it otit.so k 7vea I-0v mew:Awes +0 e,„ 171,41,w 1-1,v- , ,A4A Gm/ Vg-0014/1 Veyt19\9S523d- 5 Case No. 11-003 Public Comment Page 38 of 93 lblic Hearing Item VI -C P &Z 18, 2010 KODIAK ISLAND BOROUGH UNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C BLIC HEARING NOTICE A.pu�blic hearm wt11 be h Id on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in ill ENE iif ambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island •r•u • arming an onmg Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: 11 -003 John Zbitnoff A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments must be received by 5 pm. Anails( 3, 2010 to be considered by the commission. �'he commission shall not consider any new information submitted less than .fifteen (15) daps prior to a rcgalar meeting date (Planning Zoning Bylaws amended June 16, 2010). You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1-800- 478 -5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If y have any ,quetons about the request or your appeal rights, please feel free to call us at 486 -9363. tte5r, fCA 6-50 P© 13Gx 3547 Your Name: t�?rt5 Cv�� <Vt t9' "� F V v1 MatlingAddress: t t' Your property description: , �C + ` " r ,A..) 'R 5 S ■ . C ec-c S. Comments: C 1:.3 :s v. '-b UL zC-C 5 vv porgy C \NOt -.J Tl^t S ' eX t . C+ ,Q re,. ."• e r � (4 Co.:X-cw.,: v., -ed 5c>' AS c %A -0,,■5 - uCt'ci.\ ' 1 %,e. p ,....)(.9 use of . 3 . - - 1 . - % ( . ) 2 vs'zr\%.\ Pet p r i I r 5 e x (CTS i -\ 1 sl 1.+( k,s vd.`\ \ V 5 -es . i,,,ocusT -':t\ V roI1 -e : vk. \ <oc12;L\(. ; 5 v■ r- e\ :Tvey s1,w,7c 5 �p -ply � �.e cQ- tr∎ w•e �r c -.1,..t.. \ u s. v� e55 c c ww., j ∎N .) Case No. 11 -003 Public Comment Page 39 of 93 Public Hearing Item VI -C P &Z 18, 2010 This Page Intentionally Left Blank Case No. 11 -003 Public Comment Page 40 of 93 E C E ll U AUG c© 1u tblic Hearing Item VI -C P &Z 18, 2010 ° MAK IISLAND BOROUGH ATV DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public I- Iearin" Item V1 -C COMMUNITY DEYEIOPM C IDEA ". ; NG NOTICF. A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers. 7l0 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any. on the following request: CASE: 11 -003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15. 090.A. to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment. as a use that is similar in character and impact to permitted or conditional uses in the 1- Industrial zone. including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC I7.105.010.C) or, Petroleum or Flammable Liquid Production, Relining 'or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZON ING: I- industrial This notice is being sent to you because our records indicate you are a property ou'nertinteresled party in the area of the request. if you do not wish to testify- verbally. you may provide your comments in the space below or in a letter to the Community Development Department. Comment!: .most he received. by 5 rim. Aucu.t 3. 2011 to be considered by the commission. The r-r,nuni.ssirrn shall not consider nnr new inforatarion submitted less than fifteen (151 Jane 16. ?Ulf. You may fax your comments to the appropriate public hearing section of the toll free telephone number is (- 800 -478 -5736. August 11. 2010, a work session will he held at the packet material for the case_ appeal rights if you disagree with the Commission's appeal rights, please feel free jt�}o call /usj�ats�4$6, 9363. Mailing Address,: 1\ li �VV �'IV`tr6 days prior to a (907) 486 -9396. meeting. The 7:30 p.m. in the decision on this f 91 regular tneerht:, date (Nanning Toning Bylaws amended To testify via telephone, please call in your comments during local call -in telephone number is 486 -3231. The Alaska One week prior to the regular meeting. on Wednesday. Kodiak Island Borough Conference Room (ill 21), to review Kodiak Island Borough Code provides you with specific request. If you have any questions bout t the request or your Your Nam: (7 Vt1 U l A51S-r Your property description: dYYtk C t. Oki 11' 7' Common s: `r ` 7 r - fl +L91 �l 1 Alti i t llt ° I I u y r a (* kiAt ,i > ului 24Th 1 its{ V3A g M(NIA•1 FAQ c 'k_ sue vki yviok W .Ks rr1� ( �fIn1 1 lAv1`) Y {� i.et�� ail fe (�lgjw17 ,: l alt , * a cc I • 14 • irfa 1 A .: 1 . n l 4 I. (4(J 'J /J n i 'tA i I Y 4 4 . 1 Case No. 11 -003 Public Comment Page 41 of 93 Public Hearing Item VI-C P&Z 18, 2010 This Page intentionally Left Blank Case No. 11-003 Public Comment Page 42 of 93 2010-08 -03 16:32 YASHIN & HEUMAN 9074872575» K18 • COMMl1N1y ULVLLUYIytNI DEPAttIiht�' iblic Hearing Item VI -C P &Z 18, 2010 KODIAK ISLAND BOROUGH UNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 P 1/1 Public Hearing; Item VI -C BLIC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly ° Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 11-003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KII3C 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the 1- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refuting (KIBC 17.105.010.0) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: 1- industrial This notice is being sent to you because our records Indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments mutt he received by 5 om._Aueust 3. 20111 to be considered by the en emission, The commission shall net consider any new information submitted less than fifteen (15) days prier k+ u regular meeting date (Planning Zoning Bytom amended June 16, 201(I). You may fax your comments to (907) 486 -9396. To testify via telephone, please call In your eommente during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska top free telephone number is 1-800- 478 -5736. One week prior to the regular meeting. on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak island Borough Conference Room (8121). to review the packet material for the cast. Kodiak island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. if you have any questions about I e request or your appeal rights, please feel free to eall us at 486-9363. Your name, �_ fa d IP U Mang Add+co+ O f/ 3 PR E Srt l�/ LpfN E �K Your propertydescription: 15L—l4,5 FLM L OC le.., 2 L n-r- 3 - F Commcnis - .-r41S /..mac *riermi /s 5413 l t!oo >lvC. 1 CLOSE Do ,4N AAJAD AMoct:� Rl t R A�7� id )I'll e 7-50/ FLTa ac .le, Po55 tBt Fiefukg- /Ze i pM -i / Agee E.,s5m14 Cb t& L;7 Alive- NEGA#'r / ye /,'I eke T (Apo AI NgA-RBy R.asrla6N77A -c-r -y oIJL' /40411508./10 D5, Case No. 11 -003 Public Comment Page 43 of 93 Public Hearing Item VI-C P&Z 18, 2010 This Page intentionally Left Blank Case No. 11-003 Public Comment Page 44 of 93 AUG -03 -2010 04 :13 PM PETER.ALLAH i Iblc Hearing Item VI -C P &Z 18, 2010 907 487 2333 P.01 AUG - 3 2010 / KODIAK ISLAND BOROUGH COM ,I UNITY DEVELOPMENT DEPARTMENT 7111 Mill tiny Road. Kodiak. 99615 Public Hearing Item 4'[ -C BLOC HEARING NOTICE • A pub l tearing will be hcldhcld on Wednesday, August 18, 2010, The meeting, will bogie at 7:30 p.rn. in ell the Borough .assn nibly Chambers. 7:O Mill Bay Road. Kodiak, Alaska. before the Kodiak Ittlandi Borough Plannt_ngand Zonin CComntissinn, ut hear comments iron '. on the following request: 1 CASE: 11 -003 APPLICANT: John Zhitroff REQUF.ST » Similar L se Determination, according to KIBC 17.15, 090.A. w allow the storage of Petroleum contaminated soil for the purpose of ADI C' approved treatment, as a use that i i similar in character and impact to permitted or conditional uses in the I- indu:atrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (K.IBC 17.105.010.c) or. Pt;tmlcum or Flammable Liquid Production. Relining or Storage (K1BC 17.105.020.Ft, the latter use would also require a conditional use permit (CUP) review il'approved as u ximiter use by the commission LOCATION: 465 Sargent Crack R.oucl ZONING: I•Industrial This notice is being tent to you because Our record. indicate you are a property owner :interested party in the area n' the requcit. If you (to no, wish to testi!)• verbal! :,. you may provide you comments in the spier blow or in a letter t :, the Community Development Department, t :,:qr;... rn i.,,: : nr., 'arm;;,: .10111 .61 he r1lmidcrn: In ,rlmuu,isleti. 7h6, ensimi.,.ion solidi ,:r4 •,.r • • •,, ,nl, „ ..• • .'',1r:'rr• ,. :,,•,1 17rr•tn (lie dens ;1rn„ I.- r, g.,:rrr elf cersg Ode Y'lnurtnl•r i •,rr�s (1:1', • You may fat your comments to (907) 06-9796. To testify tia telephone, please call in your comments during the appropriate public hearing section of the meeting_ The ocal call -in tekphont' number is 486 -3231. The Alaska toll free telephone number k 1.800. 478.3736. One week prior ti ihr• regular meeting_ on Wednesday, August 11. 2.1116. ;r work session w 11 hr hrid at 7:30 p.nl. iu the Kodiak Island I3oiougli Conference Room 0211. to rc,tcu the packet material rot' the cece Kodiak Island Boring t Code pro. Dies you with sprcil:r appeal rights it' Nutt disagree with the Commission's decision nn chis request. If you have try questivas;l. r,at the recur.: ar }Hilt appeal rights. please fuel free to call us at 466 9363. Yourtarer_atieje. . L ,f f ?'f 11sIlink,lddre,s pC1 60,K (707, , c(4A ,/'}'/t;' Your property description l'' • c i _ v s - I t . 2,-. c•Onlmr.te: I am a ;1 t year resident of the Womens Bay Community• aka Bells Flats an 1 urge you to reject the above request to allow storage (and possible treatment) of Petro — c,ontam inated soil in this environmentally sensitive area. The sib; is nestled between the Russian River and Sargent Creek, two extremely — ________ important anadromous streams, Commercial, sports, and subsistence fishermen as well as bears, foxes and birds utilize the salmon lure duced by these two river systems. Tourists and locals are drawn to Womens Bay just to see the spawning salmon -- -- return and watch the bears eat the fish. Businesses have started in the Flats that cater to visitors, 'rhe an a is prone to Flooding in the spring and fall, The water table is shallow. _ The po:isihility of river contamination is too great to allow storage of oily soil in this - - - - -- leaden, resulting in a negative effect on the environment, tourism, local business:, --• and gwdity of life For our community. - Please ,:onsider changing the zoning along these rivers to Burr I Cor:servation, Please recommend to the 1<I Borough that a contaminated soil task Force be created io fend a permanent solution for the persistent problem uf coil :arninated soil storage and treatment. Case No. 11 -003 Public Comment Page 45 of 93 NI 51 Public Hearing Item VI-C P&Z 18, 2010 This Page ntentionally Left Blank Case No. 11-003 Public Comment Page 46 of 93 ablic Hearing Item VI -C P&Z 18, 2010 �CEIIVE r 131PDIAK ISLAND BOROUGH IL AUG - M t =TAY D EV IATMENrT DEPARTMENT :1, Mill Bay Road, Kodiak. Alaska 99615 Public Iieari nsz Item V P IC HEARING NOTICE. A public hearing will he held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. before the Kodiak Island !Borough Planning and Zoning Commission, to hear comments if any. on the following request: CASE: 11-003 APPLICANT: John Zbitnolf REQUEST: A Similar Use Determination, according to KIBC 17.15. 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- industrial zone, inciuding Asphalt Batch and Mixing Plant. Manufacturing or Refining (KIBC 17.105.010.C) or. Petroleum or Flammable Liquid Production, Refining or Storage (Ki.BC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the conuttission. LOCATION: 465 .Sargent Creek Road ZONING: I- industrial 3'ltis notice is being sent to you because our records indicate you are a propeny ownerlinterested pang: in the arca of the request. If you do not wish to testify verbally. you may provide your comments in the space below e,r in a letter to the Community r)evelopmeiit Department. ('n fitments unto he recei,ei1 in 5 put. AAueu4t . *; 21110 4:∎ he considered ht Itte comntis;iuu. The ra,nn+:oirin ....hall lug confide,' unr new infin•nnai,n submitted lrss than fifteen (l rj drrnN prier to a, regular. meeting' date (Pfrrnniti, Awing R.rlm■ amended .lone !h. 20ll). You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 - 3231. The Maska toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting. on Wednesday. August 11, 2010. a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (11121), to review the packet material for the case. Kodiak island Borough Code provides you with specific appeal rights if you disagree with the Commission', decision on this request. If you have any questions about the request or your appeal rights, picas; feel lice to call us at 486 -9363. es-H eke Mailing Address: 3t�ii Spruce, (cq . (Z4 Your Name: 2OraN God4 ett��tt� ".1:ilc2 lour property description: 1 i 10 (0 r (ZA,gl�1t Greek R° a. 1 Comments: '1-1 Wl 19el is l ib/3 pL'DDerh1. (J�,uv' - In e. opl,c i. 'rh - (0)/1.3 ?c�3ect use o.F 'avid. ct -the- Srkv 14.1F- Creedc efrIlv»n cz- . 0 fir pru Cea5nns W- onx&h.try. imcit.t_a6 poFevl t:s1'. 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Case No. 11-003 Public Comment Page 47 of 93 Public Hearing Item VI-C P&Z 18, 2010 This Page • Intentionally Left Blank Case No. 11-003 Public Comment Page 48 of 93 ibIic Hearing Item VI-C P&Z 18, 2010 August 2, 2010 Kodiak Island Borough Planning and Zoning Commission 710 Mill Bay Rd Kodiak, AK 99615 Re: Case 11-003, John Zbitnoff Conunissioners: I am opposed to the use of the lot at 465 Sargent Creek Rd as a storage site for contaminated soil. That site is located in the flood plain of 2 highly productive salmon stems, Russian River and Sargent Creek. If somehow, a liner would stop contaminants from leaking out the bottom, nothing would stop them from rising to the surface during major floods. Our fish runs could be devastated by seemingly minor leaks. A convenient location is no reason to put our natural resources at risk. The proposed use is distinctly dissimilar to storage of petroleum products in tanks where leaks are much less likely to occur. Leaks from contaminated soil storage may also affect the neighborhood around the site. The proposed activity is within a mile of dozens of residential water systems. In addition to risking the health and welfare of the residents by parking contaminants on their doorstep, the KIB could be open to liability issues if problems did occur. Again, the proposed use is dissimilar to the asphalt plant, where groundwater contamination is much less likely. Thank you for your consideration. Dave Jackson 11248 Kalsin Dr. Kodiak, AK 99615 Lot 1E, Block 2, Bells Flats Subdivision AUG - 3 2010 COMMUNITY DEVELOPMENT DEPARTMENT Case No. 11-003 Public Comment Page 49 of 93 Public Hearing Item VI-C P&Z 18, 2010 I wish to submit my comments in relation to case 11-003 for to be heard by the P&Z commission on August 18, 2010. I have concerns as a resident and homeowner of the Kodiak Island Borough. I have concerns about locating a facility to store and possibly remediate contaminated soils on this property, located between two rivers known as productive Salmon rivers. My other concern is illiustrated by the excerpt from the KIB and Womens Bay Comprehensive Plans. There is a glaring lack of a plan for how KIB plans to deal with the issue of the remediation of petroleum contaminated soils, including those soils the Borough must remediate. Thank you for the comments Kathleen D. Janz Womens Bay Comp plan 2007 r.ONIMUNIIY DEVE PMENT DEPARTMENT Goal 1: Minimize development in environmentally sensitive area. Objectives: Maintain a high quality natural environment within the planning area. Provide comprehensive land, air and water policies, uses, and zoning recommendations for the land and waters within the Womens Bay planning area. ECEIIVIE AUG - 3 2010 KIB /DCED /ACMP /State/Federal agencies. /P & Z Comm., CDD On-going Minimize development in rivers and creek flood plains, tsunami surge zones or at the bases of unstable quarry or mountain sides. KIB /Private /P & Z/CDD/ Assessing On-going Objectives: Protect the Russian River and Sargent Creek drainages by establishing specific strategies through coordination with state and federal regulatory entities. Action Funding Source KIB Lead Time Frame Coordinate a multiple organizational management system to protect the Russian River and Sargent Creek drainage areas, through the creation of greenbelt. Kodiak Island Borough Comprehensive Plan Adopted 2008 Case No. 11-003 Public Comment Page 50 of 93 ziblic Hearing Item VI-C P&Z 18, 2010 Excerpts from Chapter 12 Goals and Implementation Actions LAND OWNERSHIP, MANAGEMENT AND USE Goal: Regulate and manage land uses to balance the rights of private property owners with community values and objectives. Identify an adequate supply of and in each community to meet future residential and other land development needs based on future population and employment growth projections, assumptions about the type and land requirements for projected uses and conditions or constraints that may affect development, Consider use of public or private Native-owned lands to help meet these needs. Evaluate need and recommend specific sites for commercial and industrial uses within and outside cities and unincorporated communities in the borough to meet future economic needs, 1=1 Potential conflicts with adjacent land uses, particularly residential uses and sensitive natural resources. Conduct an industrial lands capability study that identifies preferred areas for future Industrial and commercial development, CDD/P&ZC Goal: Ensure that land use and development decisions consider subsistence resources and activities. Require development to avoid or minimize potential adverse impacts to subsistence resources and activities, CDD/ADF&G/TC/LC Review and analyze area zoning to determine the need and potential placement of industrial property zoning if needed. CDD/P&ZC Goal: Establish goals, priorities and procedures for acquisition, disposition and management of borough-owned lands. Develop a land management policy that: identifies property on the road system that is used by the public but is not in public ownership, identifies property on the road system that is needed for fire stations, school sites, recreational areas and other public uses, and identifies property for acquisition by the borough through purchase or trade., Case No. 11-003 Public Comment Page 51 of 93 Public Hearing Item Vl-C P&Z 18, 2010 Develop a land management policy system and portfolio for borough-owned lands that inventories-resources and potential uses of borough lands, and designates which lands the borough should retain and which lands it should sell or trade. Identify potential future landfill sites and zone surrounding areas for compatible (i.e., nonresidential) uses. CDD/Solid Waste Advisory Committee/P&ZC/EF Goal: Support environmentally-sound timber harvesting and tree farming activities. Goal: Support opportunities for environmentally-sound sand and gravel resource exploration and extraction. Goal: Support sound oil and gas exploration and development compatible with commercial and sport fishing, subsistence and recreational activities, and the protection of fish and wildlife resources. Identify potential sites for petroleum-related facilities without limiting the opportunity for other development activities. (Note: A majority of meeting Comprehensive Plan meeting participants do not support this action.) Goal: Maintain and improve solid waste disposal services and facilities. Goal: Provide for public safety and minimize exposure to danger when developing coastal areas. Goal: Protect coastal habitats and maintain fish and wildlife populations through management of lands and waters. Case No. 11-003 Public Comment Page 52 of 93 r iblic Hearing Item VI -C P &Z 18, 2010 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C A public hearing will be held on Wednesday, August 18, 2010, The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: 11 -003 John Zbitnoff A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage, of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.0) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community' Development Department. Comments tuusi be received bs' 5 om. Aurust 3. 2010 to be cunsidercd by the rentntission. 77w commission droll nnr consider• any new infra-motion submitted less than fifteen (15) daps prim. to a regular meeting dote (Planning Zoning Bylaws amended Juror 16. 2010). You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800-478 -5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the'case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you ave any � questions about the request or your appeal rights, ,yplease ffeel�free +tto /call us at 486 - 9363. Your Names Vim- Mailing Address: K17 Se is �"l�s Your property description: Comments: Ol s w <7l2 ' (J °' p l .'vWtk2eU j or.t1 a l' E I V E r ~I' 1LLL111J L L AUG - 3 2010 OMMUNITY OEVEi.OPMENT DEPARTMENT Case No. 11 -003 Public Comment Page 53 of 93 1 Public Hearing Item VI-C P8118, 2010 This Page Intentionally Left Blank Case No. 11-003 Public Comment Page 54 of 93 ublic Hearing Item VI -C P &Z 18, 2010 AECEngE KOIlDIIAK ISLAND BOROUGH CO \ �, d 1 IITV DEVELOPMENT DEIPARTMENT Q�q 710 Mill Bay Road. Kodiak. Alaska 99615 1' AUG 3 2010 } MFN7 D!^l'AN1Mt;vfi �tf on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in thc Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Com=mission, to hear comments if any, on the following request: Public Hearing Item V1 -C UELIC HEARING NOTICE CASE: 11-003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15, 090A to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone. including Asphalt Batch and Mixing Plant, Manufacturing or Reining (KIBC 17.105.O10.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the Iatter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our record:: indicate you are a progeny ownerlinlerested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments must be receivet1 by 5 nm. Atatte1st 3. 2010 to be ct u iderett by the commission. The rnrnmiAsinn Shall not cnz Stem sr„ t' lw i injx,7noti,tn snfinurtt7I 108 than ftfkken (14) Sant privy to F3 re ;tilar altering dote el lrrmtlug 7ani:;r Bylaws amended Jame 16. 20/0). You may fax your comments to (907) 486 -9396. To testify via telephone, please can in your comments during the appropriate public hearing section of the meeting. the Loral call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 - 478 -5736. One week prior to thc regular meeting. on Wednesday_ August 11, 2010. a work session will be held at 7 :30 pm. in the Kodiak Leland Borough Conference Room (0121), to review the packet material for the case. Kodiak. Island Borough Code provides you with .specific appeal rights if you disagree with the Commission's decision on this request. If you have any. uestions about the request or your appeal rights, please feel free to call us at 486 -9363. si_ q1' YoatrNamel. Mailing Adds: 0 t 'an f Q, X,4( P I Yoarpropern de:ziption: J� ��N(aPt�C�lp% �eQ4 cQ_, On Commets: 4.1•• Ism, I1s. • tmr., ∎04. ♦ • Case No. 11 -003 Public Comment Page 55 of 93 Public Hearing Item VI -C P82 18, 2010 Kodiak Island Borough Community Development Department 710 Mill Bay Road. Kodiak, Alaska 99615 August 2, 2010 To Whom It May Concern; Please reference your CASE # 11 -003. Please be advised that I adamantly oppose the "storage" of contaminated soil to be placed at 465 Sargent Creek Road. It seems preposterous to me that the Borough would even consider storage of contaminated soils so close to an anadromous river and the tributaries behind the proposed site. Can the 100 foot distance from a river be ignored by those that don't feel they have to follow the rules the rest of us do? What happens to the stored soil when the river and tributaries overflow their banks during fall, winter spring, and summer storms? I have seen the road in front of 465 Sargent Creek Road under water several times, during some of our heavy storms due to Nature's unpredictable whims. The contaminated soil will wash into flooding water, whether it is rainwater on the road, the flooded river, or the tributaries. How does the Borough propose to prevent that occurrence? The Borough has property in town. Why not use it for the contaminated soil storage site? Our community seems to be the Borough's choice for activities that threaten our rivers, streams, aquifers, and wildlife. Industry should not be allowed to creep in and continue to grow in an established residential comtunity. Respectfully submitted, Co-PL !KA 0-ara._ Nancy Kracke P.O. Box 2013 Kodiak, Alaska 99615 Case No. 11 -003 Public Comment Page 56 of 93 'ublic Hearing Item VI -C P &Z 18, 2010 August 3,2010 Dear Borough Assembly, It seems an old can of worms is being reopened in our neighborhood. We are against any type of contaminated soil operations in our neighborhood. When Brechan leased their property years back for soil remediation this community made it very clear it was not wanted, we went to great lenghths to stop it,and we did! Aside from all the obvious reasons that we are against this, you should be aware that last fall when we had heavy rains the entire lot in question was underwater. If there was a mound of contaminated soil under a tent type enclosure during heavy rain on this lot,that soil is going to end up in the Russian River. Thank you for reading our comments. We trust that our Borough Assembly will deny a permit for soil remediation in a community that we have lived in for over 25 years. Sincerely, c IL Mark &Joan Levenson 9 E C E O ll M E AUG - 3' 2010 COMMUNITY DEVELOPMENT DEPARTMENT Case No. 11 -003 Public Comment Page 57 of 93 Public Hearing Item VI-C P&Z 18, 2010 This Page Intentionally Left Blank Case No. 11-003 Public Comment Page 58 of 93 7 7 7 ••• F.; "it .7"•"' 7 ';',` 7 4, T,.\7. 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El'ult221■ ti-1:61/ NitalSzia_42(lage/ive > "a/Ctouritet4 et) s A hZi 6 /5 ar'ttZi Case No. 11-003 Public Comment Page 59 of 93 Public Hearing Item VI-C P&Z 18, 2010 Cti2h4c-1 ktha Lce_f IV/ dnJ pLej, Case No. 11-003 Public Comment Page 60 of 93 lublic Hearing Item VI -C P &Z 18, 2010 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 11 -003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC (KIBC 17105.020.F`, the latter use would also g(•��' ��j i ! 'off {rlaa s;�*�e oCUP`1 review if approved as a similar use by the co LOCATION: 465 Sargent Creek Road ZONING: I- Industrial At% - 3 2010 This notice is being sent to you because our records indicate you are a pro request. If you do not wish to testify verbally, you may provide your comnl Community Development Department. Comments must be received by 5 run—Auoassi erty e area, injlp(ega01 181TdilitIT agr ere of the to the w the commission. The commission shall riot consider any nen. Warr:union submitted leis .than fifteen (15) days prior to rr may fax your comments to (907) 486 -9396. public hearing section of the meeting. The is 1400 -478 -5736. work session will be held at 7:30 p.m. in the for the'case. with the Commission's decision on this feel free to call us at 486 -9363. P S �£ S 11 Fri ,�.. regular meeting Jade (Planning Zoning Bylaws ametulerl June 16. 2010). You To testify via telephone, please call in your comments during the appropriate local call-in telephone number is 486 -3231. The Alaska toll free telephone number One week prior to the regular meeting, on Wednesday, August 11, 2010, a Kodiak Island Borough Conference Room 0121), to review the packet material Kodiak Island Borough Code provides you with specific appeal rights if you disagree request. if you have any questions about the request or your appeal rights, please Your Name: rte., 1, >u Mailing Address: 11 , g /()74�' Your property description: Comments: . . P& :_.f (:;.!_• - - e • no ' k '_ 1 - G U e t t}1-rn i l Za ( a vt.' o a4rt.i tAsteif % ao i 142a r— ne n.4 -,rt e/2+— --. d - p ( T()(teci)(bi10 4 e1_5_6a3p ° .('L - &Q 6ef ct. (lieeli f- P e)a uc3 s' (6 r : _ cute k r 2 6 I e, e ref 3 €4 ctrec>_ Qact_(() QS c +f e_. co 6r,'re-0,—, i r Z . OL ‘ ' . ( " 4 tt _ ` c di i X. .i 0 e _ 1 . 44. ... .0 - I. V� 1 e - 44 Ile- inL: a e) 0_ 1u.� tp has cn lA1 .5-,©L h t t: a. Ito e r a,114 rt ek c) .s LC.A,p e 1 � c ! t k'" Case No. 11 -003 Public Comment Page 61 of 93 Public Hearing Item VI-C P&Z 18, 2010 This Page Intentionally Left Blank Case No 11-003 Public Comment Page 62 of 93 , ublic Hearing Item VI -C P &Z 18, 2010 CEOVIV � KODIAK ISLAND BOROUGH CQ CITY DEVELOPMENT DEPARTMENT AUG - 3 2010 COMMU [Iy DEVEIOPMENT nFPARTME 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C B C HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 11 -003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments must be received by 5 pm, August 3, 2010 to he considered by the conrmission. The commission shall not consider any new information submitted less than fifteen (15) days prior tb u regular meeting date (Planning Zoning Bylaws amended June 16, 2010). You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room 0121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: /� deg/ 41.11- /N Mailing Address: r'© Lt 1? 7s ��/// Your property tlescrlption:. Fel F1.�f 17 (41,--2-) e K /_ Comments: his }P(Zvp e°2"T�y is ZalJ Et) --( e +ln t S �YP e of u Ste. Th ee6r /5 Lim r'TE2 t i Dtlos V. ,,,re. P,QCi/D T it c. eke-, y, W/14 knee - e p S9ir'ee .9.7%,:w pr # o bt -,z; cells 74eRe-- l 070 Z s-lC a eoG1,4- /A-41 -1/ aft,/ /s'• s tJeS C : !9, Case No. 11 -003 Public Comment Page 63 of 93 Public Hearing Item VI -C P &Z 18, 2010 This Page Intentionally Left Blank Case No. 11 -003 Public Comment Page 64 of 93 ,ublic Hearing Item VI-C P&Z 18, 2010 K ISLAND BOROUGH EVELOPMENT DEPARTMENT ill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI-C HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: 11-003 John Zbitnoff A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the. I-Industrial zone; -including A§phalt--Bafe'dind Mixrng Plantrivlanufacturing or Refining cisirBc. 17.105.010.C) or, Petroleum or Flammable Liq ; r ff o orage (KJBC 17.105.020.F), the latter use would also re .1- a IV . UP) review if approved as a similar use by the commissi LOCATION:. 465 Sargent Creek Road ZONING: I-Industrial This notice is being sent to you because our records indicate you are a prope ' cts Km._ alpgaiiikom-gem request. If you do not wish to testify verbally, you may provide your comments in es,. . M.. . .. , , 1 2 Community Development Department. Commaifts'muSt be received by 5-rorii,i August 3, 2010 to b�. considered by the the the Commiision. The coniniission shall not confider any new v.infermation submitted le.is than fifteen -(15). days prior to a The the this regular meeting date-(Pliaining Zoning *laws amended June 16,,2010). You may fax your comments to (907) 486-9396. To testify via telephone, please call in your comments during the approPrinte Public hearing section of the meeting. local call-in telephone number is 486-3231. The Alaska toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on request. If you.have an questions, about the request or your appeal rights, please feel fret to call us at 486-9363. Your Name: lif '4 GlaN ki\--11-73 Mailing Address: '-)K 00 LS -Vat' P\C- Your property description: 0. ' Con IMMELilli 'ir nallprer. n-rich& ' IL - M I Mii -Ii)C.,- ON . , S PkI2.0 , _ii . 1_ k N S K, p OF US , 6 ii, IDeS L) atikIJ t, -5 O. .! ,),. bus.-_,L) 0\561,7.0110-otieP__. 'I (k-- P`1(1 t '17) t IVO lk Dd ---KYT lt/6-12.s- D.4 Ittuk 1100-6: wi__.4-_,C-1-0. . 1141\ki -11h5 IMP Rei/Pfr,----Pr-s I. i-e 17h-c-c-ctikr cr t5 A-1- ilt- C.--.'071-MIQC6,-- t 0 ■,k1.. Clo MA Li 4' tal Tril5 t2.60,LLegt-. c,c...- .. - .0---- /7 ...--:-....• Case No. 11-003 Public Comment Page 65 of 93 Public Hearing Item VI-C P&Z 18, 2010 This Page Intentionally Left Blank Case No. 11-003 Public Comment Page 66 of 93 ublic Hearing Item VI -C P &Z 18, 2010 �: th Bo4 A`mruy Cw m e s7.1v Ml Ba a varthkaAlas b oa.he Korak ouq ll : Public Hearing Item VI-C P&Z 18, 2010 This Page Intentionally Left Blank Case No. 11-003 Public Comment Page 68 of 93 Jublic Hearing Item VI-C P&Z 18, 2010 Petition to Deny the Approval of Case 11-003 The contaminated soil storage and remediation permit application for 465 Sargent Creek Road should be denied because: 1. The Kodiak Island Borough does not have a publicly available document detailing Borough plans for contaminated soil storage, remediation, and disposal. 2. The site is inappropriate for contaminated soil storage and remediation ' s to meet minimum standard guidelines found in the State E C E .Ek iiI treatment regulations at 18 AAC 75.370. Specifically, AUG - 3 2010 " COMMUNITY DEV tore contaminated soil A) 100 feet or more from surface water...". (p. 99) rdered by water on two sides and prone to flooding. The immediately adjacent Russian Creek, recognized by ADF&G as hosting Pinks, Coho, Chum, and Dolly Varden, is a sport fishing and bear viewing destination for Kodiak community families and tourists. 4. The permit application fails to meet objectives outlined in the Kodiak Island Borough's Womens Bay Comprehensive Plan Update including: a. "No new industrial activities will be permitted in the Core Plan area." (p. 34) b. "Minimize development in rivers and creek flood plains..." (p. 43) c. "...protect the Russian River and Sargent Creek drainage areas through the creation of greenbelt." (p. 36, 44) PRINTED NAME r'ArtuA --IcEkkvA ¥14carth1 eiv v44-' SIGNATURE lope OLWA___, Case No. 11-003 Public Comment Page 69 of 93 Public Hearing Item VI-C P&Z 18, 2010 Petition to Deny the Approval of Case 11-003 PRINTED NAME ) q)oy‘e_ NATE rrat.-Ea09 - 7)74(1t, Alt Kt; 01-1-') ob. Cit,6 -7114avichbieou Qom s 1.74,6y-; .fazt.10. Leve.so, /4 rc.si.t. St-ew VIC 0 ANIMA 611 101,f, DO,,tr\ Ln _Ala v-lc_ C L-e—e kvsar, PiTAAA5\-e(\\ r-svA.4* ReAer&, ACt50 Akkvt+h /1.,KboL, - re SIGNATURE 4.141,r, Case No; 11-003 Public Comment Page 70 of 93 s.13110 s>/vL0 s'l-31te) 3/3/i 0 e-3- /6 cO5ho o 3- /c? 3 - )ublic Hearing Item VI-C P&Z 18, 2010 Petition to Deny the Approval of Case 11-003 The contaminated soil storage and remediation permit application for 465 Sargent Creek Road should be denied because: 1. The Kodiak Island Borough does not have a publicly available document detailing Borough plans for contaminated soil storage, remediation, and disposal. 2. The site is inappropriate for contaminated soil storage and remediation because it fails to meet minimum standard guidelines found in the State of Alaska soil treatment regulations at 18 AAC 75.370. Specifically, "...(2) store contaminated soil (A) 100 feet or more from surface water...". (p. 99) 3. The site is bordered by water on two sides and prone to flooding. The immediately adjacent Russian Creek, recognized by ADF&G as hosting Pinks, Coho, Chum, and Dolly Varden, is a sport fishing and bear viewing destination for Kodiak community families and tourists. 4. The permit application fails to meet objectives outlined in the Kodiak Island Borough's Womens Bay Comprehensive Plan Update including: ECE gj new industrial activities will be permitted in the Core Plan (p. 34) ize development in rivers 'and creek flood plains..." (p. 43) otect the Russian River and Sargent Creek drainage areas rough the creation of greenbelt." (p. 36, 44) COMMIJNflY DEVELOPMENT DEPARTMENT PRINTED NAME MLL Debra SIGNATURE Case No. 11-003 Public Comment Page 71 of 93 DATE 8/3/ /0 33/// Old 6Y3/2P0 % k 0 Public Hearing Item VI -C P &Z 18, 2010 Petition to Deny the Approval of Case 11 -003 PRINTED NAME SIGNATURE Ctok4 Ce AV.113 jvc J,& ,,rJrJP .SAlb•rT 1YJ1k &$ -�� Qovk �c C 1'4 PRIM) DATE (`.3 -�Q 3/(n V3)/0 69/3 /a 013/0 v3Pcs J3//() 8/74. /3 /fo ? /3 /i() -E' /3m 6313//6 -3 -ro 4'31�C Case No. 11 -003 Public Comment Page 72 of 93 (m, ubIic Hearing Item VI-C P82 18, 2010 Petition to Deny the Approval of Case 11-003 The contaminated soil storage and remediation permit application for 465 Sargent Creek Road should be denied because: 1. The Kodiak Island Borough does not have a publicly available document detailing Borough plans for contaminated soil storage, remediation, and disposal. 2. The site is inappropriate for contaminated soil storage and remediation because it fails to meet minimum standard guidelines found in the State of Alaska soil treatment regulations at 18 AAC 75.370. Specifically, "...(2) store contaminated soil (A) 100 feet or more from surface water...". (p. 99) 3. The site is bordered by water on two sides and prone to flooding. The immediately adjacent Russian Creek, recognized by ADF&G as hosting Pinks, Coho, Chum, and Dolly Varden, is a sport fishing and bear viewing destination for Kodiak community families and tourists. 4. The permit application fails to meet objectives outlined in the Kodiak Island Borough's Womens Bay Comprehensive Plan Update including: a. "No new industrial activities will be permitted in the Core Plan C.E v e 13. 34) ze development in rivers and creek flood plains..." (p. 43) tect the Russian River and Sargent Creek drainage areas the creation of greenbelt." (p. 36, 44) PRINTED NAME Lfli 41.5'11 /VP- Yea pi ,'('E /,/ /A0-, rf2Ack plz,>0 'T7? SIGNATURE Case No. 11-003 Public Comment Page 73 of 93 DATE 3- - 3 -/0 F73//0 /43 Public Hearing Item VI-C P&Z 18, 2010 Petition to Deny the Approval of Case 11-003 PRINTED NAME 044 RipitOrle -e\ie P-1,:e4s ko/ Le) ?Rows vio-& Rimaa_ L /‘0,`"t F5) RYAN V ck-thom rcmk 6412 -a- .f'? fye/ e 41/5)11.-4-6, 9(310 $131l6 'SP 5/3 /'o (Z•0116 (53 (10 rS Z•-3 -10 .--/C7 0 6.1/JAW/ 3- /6 Case No. 11-003 Public Comment Page 74 of 93 ublic Hearing Item VI-C P&Z 18, 2010 Petition to Deny the Approval of Case 11-003 The contaminated soil storage and remediation permit application for 465 Sargent Creek Road should be denied because: 1. The Kodiak Island Borough does not have a publicly available document detailing Borough plans for contaminated soil storage, remediation, and disposal. 2. The site is inappropriate for contaminated soil storage and remediation because it fails to meet minimum standard guidelines found in the State of Alaska soil treatment regulations at 18 AAC 75.370. Specifically, "...(2) store contaminated soil (A) 100 feet or more from surface water...". (p. 99) 3. The site is bordered by water on two sides and prone to flooding. The immediately adjacent Russian Creek, recognized by ADF&G as hosting Pinks, Coho, Chum, and Dolly Varden, is a sport fishing and bear viewing destination for Kodiak community families and tourists. 4. The permit application fails to meet objectives outlined in the Kodiak Island Borough's Womens Bay Comprehensive Plan Update including: "J■lo_ new industrial activities will be permitted in the Core Plan ECEIfiVae 34) b. "M ze development in rivers and creek flood plains..." (p. 43) AUG - 3 gi310 ".. iect the Russian River and Sargent Creek drainage areas 1 th oug the creation of greenbelt." (p. 36, 44) COMMUNITY DEVELOPMENT DEPARTMENT PRINTED NAME 1)-,{ f\t-r 14e-AcAce Aht 4 (116,414)* nsivi Case No. 11-003 Public Comment Page 75 of 93 F 3 Public Hearing Item VI-C P&Z 18, 2010 Petition to Deny the Approval of Case 11-003 PRINTED NAME rti3 1401M Lh0A-kos, (7 (ATA tik5C-Y\ SIGNATURE Case No. 11-003 Public Comment Page 76 of 93 DATE 7/5 / /7) ,Aublic Hearing Item VI-C P&Z 18, 2010 Petition to Deny the Approval of Case 11-003 The contaminated soil storage and remediation permit application for 465 Sargent Creek Road should be denied because: 1. The Kodiak Island Borough does not have a publicly available document detailing Borough plans for contaminated soil storage, remediation, and disposal. 2. The site is inappropriate for contaminated soil storage and remediation because it fails to meet minimum standard guidelines found in the State of Alaska soil treatment regulations at 18 AAC 75.370. Specifically, "...(2) store contaminated soil (A) 100 feet or more from surface water...". (p. 99) 3. The site is bordered by water on two sides and prone to flooding. The immediately adjacent Russian Creek, recognized by ADF&G as hosting Pinks, Coho, Chum, and Dolly Varden, is a sport fishing and bear viewing destination for Kodiak community families and tourists. 4. The permit application fails to meet objectives outlined in the Kodiak Island Borough's Womens Bay Comprehensive Plan Update including: a. "No new industrial activities will be permitted in the Core Plan area." (p. 34) b. "Minimize development in rivers and creek flood plains..." (p. 43) c. "...protect the Russian River and Sargent Creek drainage areas through the creation of greenbelt." (p. 36, 44) PRINTED NAME SIGNATURE DATE 001 (V) cl ECE V E AUG -32010 P...) COMMUNITY DEVELOPMENT DEPARTMENT Case No. 11-003 Public Comment Page 77 of 93 Public Hearing Item VI-C P&Z 18, 2010 n to Deny the Approval of Case 11-003 d sDiI storage and remediation permit application for 465 COMMUNgoweintwow should be denied because: 1. The Kodiak Island Borough does not have a publicly available document detailing Borough plans for contaminated soil storage, remediation, and disposal. 2. The site is inappropriate for contaminated soil storage and remediation because it fails to meet minimum standard guidelines found in the State of Alaska soil treatment regulations at 18 AAC 75.370. Specifically, "...(2) store contaminated soil (A) 100 feet or more from surface water...". (p. 99) 3. The site is bordered by water on two sides and prone to flooding. The immediately adjacent Russian Creek, recognized by ADF&G as hosting Pinks, Coho, Chum, and Dolly Varden, is a sport fishing and bear viewing destination for Kodiak community families and tourists. 4. The permit application fails to meet objectives outlined in the Kodiak Island Borough's Wornens Bay Comprehensive Plan Update including: a. "No new industrial activities will be permitted in the Core Plan area." (p. 34) b. "Minimize development in rivers and creek flood plains..." (p. 43) c. "...protect the Russian River and Sargent Creek drainage areas through the creation of greenbelt" (p. 36, 44) PRINTED NAME 6-ear- 6 ersx/47d /z44/7zoll (60-N D6So?c6 /7246(ie. blak, D&ocafe.--Cisn SIGNATURE "AL.IJeO Javazezi -Mer Case No. 11-003 Public Comment Page 78 of 93 DATE ° 16\ _ -'ublic Hearing Item VI -C P &Z 18, 2010 August 2, 2010 To Whom it May Concern, We are opposed to John Zbitnoff's request for storing contaminated soil at his 465 Sargent Creek adress. We would like to see the K.I.B. find a location that is not near a residential area or 2 salmon streams to locate contaminated soil. We would like to suggest the possibility of storing the contaminated soil at the current K.I.B. dump site and then use it in the future for coverage at the dump. Because contaminated soil seems to be a problem that is not going to go away anytime soon, we would like to see the Boro find a location and designate it for this purpose only. If the dump site is not the way to go, then we feel the boro needs to assign a specific piece of boro owned property for this use . Sincerely, Jim Rippey, Cathy Wilson AUG - 3 2010 COMMUNITY DEVELOPMENT DEPAR -MENT -9700 Case No. 11 -003 Public Comment Page 79 of 93 Public Hearing Item VI-C P&Z 18, 2010 This Page Intentionally Left Blank Case No. 11-003 Public Comment Page 80 of 93 ublic Hearing Item VI -C P &Z 18, 2010 KO DIAK 'ISLAND BOROUGH NITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C litLIC HEARING N0 d _cE on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly .Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 11 -003 APPLICANT: John Zhitnoff REQUEST; A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the 1- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial UThis notice is heing sent to you because our records indicate you are a properly owner /interested party in the arca of the request. if you do not wish to testily verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments most he received -bv 5 nm. Aneust 3. 2(1I11 to be considered by the commission. The commission shall nor consider w {r nem. infurmaiivn .submitted less than fifteen (151 drys prior In n regular meeting dar. -. (I'ltmning Zoning Wows amended Jwie 16. 2010. You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 - 478 -5736. ( }no week prior to the regular meeting. on Wednesday. August 11. 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (x121). to review the packet material for the case. Kodiak island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us aatt 486-9363. Your Nar q.,) 1t 11 /` Mailing Address: I'-+ - kvia.7 +'z TTJ:4 iOSL. C1We_3 ``,,ma�yy n� �ji�i Your property description: 7`'x )C 1�.�CJ 'ii - nod* ! / P C - _�' de- Comments: !.L' L4 ' Gv .s - . & ♦ / r !4'1 ' rlt�vu, itAt.' — 41141-0' `li � �� f Aa nc.. : ' ,Ilk T/1 a-, i/tiGr. : �P►r� t . ��._ ./� . 0I/th ti-4 A- , �~ lie L! • Vt f ico • � `, is I 44. I NL .._!.1il I' Case No. 11 -003 Public Comment Page 81 of 93 Public Hearing Item VI-C P&Z 18, 2010 • This Page Intentionally Left Blank Case No. 11-003 Public Comment Page 82 of 93 KODIAK ISLAND BOROUGH ITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 I: ublic Hearing Item VI -C P &Z 18, 2010 Public Hearing Item VI -C " 1 th3LIC HEARING NOTICE AiliitibliEllikEIPIHAITAIVEREeT cc,, on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in -th G' tubers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 11 -003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments must be received lw 5 pm. Au mist 3, 2010 to be considered by the commission. The commission shall not consider any new information submitted Tess than as) days prior to cc ,fifteen rcgniar meeting date (Planning Zoning Bylaws amended .Tune 1(,, 2010). You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The Local call -in telephone number is 486 -3231. The Alaska toll free telephone number Is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Shanna Torgerson Maiing.Address: 27o5 Mill Bay Rd Your property description: Block 1 Lot 23 Russian Creek comments: 1 wish to voice my support to allow Mr. Zbitnoff to use his industrial property fnr lagnl anti a11nwed industrial uses. Case No. 11 -003 Public Comment Page 83 of 93 Public Hearing Item VI-C P82 18, 2010 This Page Intentionally Left Blank Case No. 11-003 Public Comment Page 84 of 93 ublic Hearing Item VI-C P&Z 18, 2010 sbresArn _trActk_60__N-- I jr illr31-_0_ 'Weir _iiaz__sokAnno _ beazs. -CLUYX-f2s0 firot7Vil 4%-io aft-e, 01, no. yLe-_tetz! irTrtot-ost, Ai■tfre, cireD 050A4-7.ifoo qQM UN[ly DEPARTMENT co6 :177rn -"Cr p p Case No. 11-003 Public Comment Page 85 of 93 Public Hearing Item VI -C P &Z 18, 2010 This Page Intentionally Left Blank Case No. 11 -003 Public Comment Page 86 of 93 ,._'ublic Hearing Item VI -C P &Z 18, 2010 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTIV.IENT 710 Mill l3ayRoad., Kodiak. Alaska 99613 Public Hearing Item V1 -C I PUBLIC I-IEARING NOTICE A public hearing will be held on Wednesday August 8, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, betbre the Kodiak Island Borough Planning and Zoning Commission, to hoar conunents Wan . on the follow' nt; request: CASE: 11-003. APPLICANT: John Zbitnof REQUEST: A Similar I,fse Determination, according to KIBC 7:15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, ment, as a use that is similar in character and impact to permitted or conditional uses in the 1- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing; or Refining ()UBC 17.105 ;O('•0.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F1, the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: 1- lndustriai This notice is being sent to yoti because our records indicate you are a property owner/linen:steel party in the arca of the request. Jr you do not wish to testify vabally, you may prouide your tomnenix in the space below or in a letter to the Community Development Department. (nntroc ntu'. t)o rtiwxlvtdl U ; 1 91LKt 3 x010 to Ise coucidtRed b _tali , e4triVi+S1o51. VW curirmilSirwa p4talt nu,( consider nay new infiniaafiaa ;ubraillird kis than Mercn 1I5/ Jays prior to a fax your Comments to (9(7) 486 -9396. hearing section of the meeting. The is 1.800 -478 -5736. will be held at 7:30. p.m, in the case. with the Commission's decision on this to call us at 486.9363. t .. Lei sP . megzsdar meeting Jplr Manning Zoning O1!at,% amosde.JJana 14, 2010. You may To testify via telephone, please call in your comments duringthe appropriate public local call-ht telephone number It 486.3231. The Alaskn toll free telephone amain.* One week prior to the regular mectieg, on Wednesday, August ] 1, 2010, u. work session Kodiaklsland Borough Conference Room ( #121), to review the packer material for the Kodiak Island Borough Code provides you with specific appeal .rights If you disagree request. If you have any questions about rho request dt your appeal rights, plmsc fed free Your Nom > /t LQQ. MaitieaAddrxa+: T V 8 a �j �(� Your propergdeicriptiu. . r. .t 1 LP I r I . 1. .. ..c JLLQ con... WW111102W01.1.111111111/' Pe . £it'd BIN :01 Case No. 11 -003 Public Comment Page 87 of 93 :Wald Bb:£T 0tea -20 -sou Public Hearing Item VI -C P &Z 18, 2010 Margaret L. Wall P.O. Box 686 Kodiak, Alaska 99615 t?l? goisQrati, laslszllet August 2,3010 To: Kodiak Island Borough Planning and Zoning Commission Re: Case 11-003 Request to or contaminated soil at 465 Sgt Creek Road. I live at Block 10, Lot 7E which is 11746 Bells Flats Road. I .have owned the property since the early 80s, having purchased it from its first owner. I oppose any plan to bring more or new hazardous materials into the residential areas or Bells Flats or other established and well- populated areas of the borough. I realize that the properly in question is zoned for Industrial Use. And 1 understand the thought process that brought the Industrial Use zoning to that lot. The problem I sce is that in this day and age we know that industrial waste and hazardous wastes of all kinds are a lot more dangerous than was previously known to be. 1 can think of no reason why we should house or burn or distribute in any way hazardous materials near a densely populated residential community. The potential for drastic, dangerous harm is definitely there. The location is literally a stone's throw away from both a salmon stream and popular salmon river, It is right across the street from the tidal areas of Women's Bay. A leak of any kind, a bad flood, or an earthquake or tsunami could create a problem of major proportion. So could a leaching of hazardous materials into the water system that feeds the wells of more than 800 people. I believe the danger of potential harm is too great. I believe the borough needs to have a plan for dealing with hazardous Wastes that doesn't include storing or burning or burying it near residential areas. T believe we, as a community, need to bite the bullet, set aside some land on the road system that's away from development and call it the place we put these dangerous materials (and the future landfill). People are not going to like dedicating what now is a pristine area to hazardous waste disposal, but it is far better to do that than to continually risk the lives, health E /2'd eIN :O1 Case No. 11 -003 Public Comment Page 88 of 93 v :woaj ef7 :27 eie2- 2e -91-03 „..-`ublic Hearing Item VI-C P&Z 18, 2010 and futures of our residents by allowing heavy industrial activities and wastes to come into areas where people live. We already have heavy industrial business in Bells Flats (the asphalt plant, for instance). 1 would like to see them moved some day, as well. The difference between that situation and this current proposal is that the asphalt plant is already there. We don't have to compound a toxic problem by allowing new development and storage in the area. Thank you for the opportunity to speak out against this potentially dangerous intrusion into our community. Sincerely, Maggie Wall 2,E'd BIN:01 Case No. 11-003 Public Comment Page 89 of 93 :WO EN7:ET otee-Ea-sfl u Public Hearing Item VI-C P&Z 18, 2010 This Page Intentionally Left Blank Case No. 11-003 Public Comment Page 90 of 93 ODJAK ISLAND BOROUGH \,) ; COMMUNITY DEVECdtQMD i1'Y DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 lublic Hearing Item VI -C P&Z 18, 2010 Public Hearing Item VI -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: 11 -003 John Zbitnoff A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial mine, including Asphalt Batch and Mixirig Plant, Manufacturing 'or Raining (KIBC 17.105.010.0) or, Petroleum or flammable Liquid Production, Refining or Storage (K1BC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records Indicate you area property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your continents in the space below or in a letter to the Community Development Department. Comments must be reek 12rd by 5 w a, Aueuat 3, 2010 to be considered by the comeias)o)n. The commission shall not consider any new information submitted leas than fifteen (1S) days prior to a regular meeting date (Planning Zoning Bylaws amended June 16, 2010). You may fax your comments to.(907) 486- 9396. To testify via telephone, please call In your comments during the appropriate public hearing section of the meeting. The local call -in telephone number h 486 -3231. The Alaska too free telephone number Is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request, if you have any questions about the request or your appeal rights, please /feel free to caII us at p486 -9363. Your Nitric O�,ILY.1 �vfl�i, . .. Mdlta 4ddresa f 01 At, Q�u.a g1,W(1 �ni e Your property dereriptir•t i Oil a IL 8 ale) (,.. ? p - . Co®meots:' i priuD j�,' +,a ii t;.n .a„r ca cm_Ii.twr�_ U) to t44 —_.y » ... _ . 4 e P.A. 4. -- F .• - .�.... •.1a. L., • 1._1._ t , .. , ` • 't• 1. ..k . -ll+i7rr`>t' A. ua.r'. . .._.. - - -'Q ,•i.• '1 a'L' . :� c. s. . `^ r i . , .• ■ _ .._a `... 1 A . _ rtJ •.1A/ to &A _ t.. • . • \ ._ LEA a - . * ` 4 , — a 1.... as .... ...�_ " , , .� ... ` • ►1.•. ►. ... ..... � la It -_ w.a _., I -_. .• '' 't- .! • . .,.. 1/4.4 • • •1 • _..% • a- ... 1a_ r '�.t. '..1 Y . ... - — .1 I • I. _4 1 • .4�_ 6V1113 S-t' 1 'M eti,.T -�. (tv,.p a� q.�� Case No. 11 -003 Public Comment Page 91 of 93 Public Hearing Item VI-C P&Z 18, 2010 This Page Intentionally Left Blank Case No. 11-003 Public Comment Page 92 of 93 ublic Hearing Item VI -C P&Z 18, 2010 KODIAK ISLAND BOROUGH AUG - 3 ZOiCC MUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C ITY DEVELOPMENT DEPARVtIU ; UBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: 11 -003 John Zbitnoff A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020,F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area. of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments must be :received by 5 pm, August 3, 2010 to be considered by the commission. The commission shall not consider any new .information submitted less than fifteen (15) days prior 69:a regular meeting date (Planning Zoning Bylaws amended June 16, 2010). You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 p,m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call /us at 486 -9363. 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'2, .> -t.-----, r /a-..- e o t. . - ' cnt. r . rx, a, v Case No. 11 -003 Public Comment Page 93 of 93 Public Hearing Item VI-C P&Z August 18, 2010 MEMORANDUM DATE: July 9, 2010 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the August 18, 2010 Regular Meeting CASE: 11-003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15.090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I-Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: Tract E of Tract A, Bells Flats Alaska Subdivision, per Plat No. 81-8 ADDRESS: 465 Sargent Creek Road ZONING: I-Industrial Zoning District. Ten (10) public hearing notices were mailed on July 7, 2010. Date of site visit: July 17, 2010 1. Zoning History: The 2006 Womens Bay Comprehensive Plan Update and the 2008 KIB Comprehensive Plan Update both designate this site for Industrial use. An offer to trade Tract E of Tract A, Bells Flats Alaska Subdivision for another parcel of borough land died before the KIB Assembly in 1991. A CUP to allow an eleven (11) unit Single-resident Occupancy (SRO) apartment building was granted by the commission in Case 96-004. There is no indication that zoning compliance was requested for the SRO and the apartment building was not constructed. As a result, the SRO CUP became null and void. An Asphalt Batch Plant was subsequently permitted for the site in June 2000 by Zoning Compliance Permit BZ00-045. 2. Lot Size: 3. Existing Land Use: 77,275 square feet Undocumented Outdoor Storage Case No. 11-003 Staff Rpt Page 1 of 16 4. Surrounding North: Use: Zoning: South: Use: Zoning: East: Use: Zoning: West: Use: Zoning: Public Hearing Item VI-C P82 August 18, 2010 Land Use and Zoning: Lot 7, USS 2539 (USCG) Vacant C - Conservation Zoning District Ptn. Lot 1, USS 2539 (Russian Creek) Vacant C - Conservation Zoning District Undeveloped tideland (across Chiniak Highway) Vacant C-Conservation Block 4, Tract A, Bells Flats Subdivision Slaughterhouse; Apartment; Recycle Business; Gear Storage, etc. I-Industrial Comprehensive Plan: 17.10.030 Comprehensive plan. For the purpose of this title, the Kodiak Island Borough comprehensive plan consists of the following documents: A. Kodiak Island Borough comprehensive plan update dated December 6, 2007, prepared by Cogan, Owens, Cogan, and the Kodiak Island Borough;... F. Womens Bay Comprehensive Plan Update. Prepared by the Womens Bay community and the Kodiak Island Borough community development department. The recommended guidance accompanying the Recommended Land Use Map (p.46) of the Womens Bay Comprehensive Plan Update had this to say about land designated for Industrial use: "This category is intended for economic uses that result in increased jobs and tax base to the Womens Bay area and the Borough as a whole. This category should include industries and distribution/warehouses that are not generally compatible with residential uses typically found in suburban areas. Four criteria guide the location of large tract industrial uses: transportation access, water supply, lack of incompatible existing land use topography. An area of approximately 45 acres is recommended as an excellent location for employment uses. Prime roadway access in, this area provides great connections to business centers throughout and beyond the region. A number of natural gravel deposits exist in the Womens Bay Planning Area. Such quarries should also be protected from encroachment by incompatible land uses that may be sensitive to blasting, dust and heavy trucking operations. Areas around quarries where active blasting is Case No. 11-003 Staff Rpt Page 2 of 16 Public Hearing Item VI-C P82 August 18, 2010 occurring or may occur should be reserved for one of the following use categories: agriculture, industrial, or public open space. Resource extraction uses include all uses associated with the operation of quarries, such as the extraction, storage, processing and transportation of the quarry product." Womens Bay Comprehensive Plan Update - Chapter 4. Goals and Objectives Goals are general achievements that the community wishes to accomplish in the future. Goals provide guidance for developing objectives. Objectives are specific and achievable projects in support of a goal. Land Use Goal: Guide the use of land in the Womens Bay planning area in a manner that provides for orderly and compatible community and regional growth. Goal: Maintain the rural residential setting of the Womens Bay Community. Objectives: a) Encourage new residential development while maintaining a minimum lot size of RR1 (40,000 square feet). b) Platted roads should be developed to Borough code prior to land sales. c) Support a centralized business and office use areas that follow the existing development pattern. Goat: Minimize conflict between different land uses within the Womens Bay Area. Objectives: a) Create a buffer zone between existing industrial and residential use areas. b) Develop light and noise standards for non-residential uses. c) Provide viable land uses for the Salonie Creek Area, including the feasibility of future recreational or resource extraction uses. Goal: Guide gravel material sources and extraction operations in the Womens Bay planning area that is mutually beneficial to residents and industry. Objectives: a) Conduct an industrial and resource extraction future needs analysis and site capability analysis to determine KIB land use supply and demand. b) Transition the location of industrial and gravel uses out of the immediate Womens Bay Comprehensive Plan Update residential area. c) Regulate hours and days of operation and permitted activities to minimize conflicts with adjacent residential areas as provisions in lease agreements. Case No. 11-003 Staff Rpt Page 3 of 16 Public Hearing Item VI -C P8Z August 18, 2010 Jack and Lee Lakes Natural Use Area Goal: Address and resolve user conflicts between motorized and non- motorized activities in the Jack and Lee Lakes Natural Use Area. Objectives: a) Change the area's name to Womens Bay Park or Jack and Lee Lakes Natural Use Park to help identify the area to Borough residents and visitors. b) Develop a park, trails, and recreation plan for the Jack and Lee Lakes Natural Use Area. Public Health /Safety and Environment Goal: Minimize development in environmentally sensitive area. Objectives: a) Maintain a high quality natural environment within the planning area. b) Rezone portions of the B Parcels to public use, natural use, or conservation areas zoning classification or possible residential use. c) Implement the Alaska Coastal Management Program and the Kodiak Island Coastal Management Program in planning for appropriate coastal zone uses. _ ;d) Protect the Russian River and Sargent Creek drainages by establishing specific strategies through coordination with state and federal regulatory Goal: Ensure adequate public services for the Womens Bay planning area. Objectives: a) Identify and prioritize needed road improvement projects in the WBC. b) Provide better fire service in the planning area. c) Addresses problems associated with private water /sewer systems. d) Provide an upgraded emergency evacuation shelter and support emergency procedures education. e) Support positive bear management practices as described in the Kodiak Archipelago Bear Management Plan. f) Designate a suitable location for a community cemetery. g) Designate a suitable location for a community school. h) Improve waste collection and disposal — Provide a transfer station and recycling center to be located in the core area. Case No. 11 -003 Staff Rpt Page 4 of 16 Public Hearing Item VI -C P&Z August 18, 2010 COASTAL MANAGEMENT APPLICABLE POLICIES 4.4 Enforceable Policies B. Coastal Development Policy B -1: Multiple Use a. Structures or dredged or fill material placed in coastal waters shall be designed to minimize the need for duplicative facilities. ;Consistency: N /A. This project does not involve the placement of material in coastal waters? b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to siting of facilities in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. Consistency: N /A. This project does not propose siting of structures or placement of material it coastal waters: Policy B -3: Dredge and Fill Activities a. An applicant for a project that will place structures or discharge dredge or fill material into coastal waters must include in the project description measures that will limit the extent of direct disturbance to as small an area as possible. IConsistency: N/A. This project does not involve the placement of structures or material into coastal waters R— b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to placement of structures in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. Consistency: N /A., This project does not involve the placement of structures in or adjacent to coastal `maters i C. Natural Hazards Policy C -1: Erosion and Landslides a. Proposed development and resource extraction activities in designated erosion hazard areas shall: 1. Minimize removal of existing vegetative cover, and 2. Stabilize soils and re- vegetate with native species for areas where development necessitates removal of vegetation, unless re- vegetation activities would cause more damage. Consistency: N /A. The project location is not located in a designated erosion hazard areal b. Subsection a applies to areas designated as erosion hazards under 11 AAC 114.250(b) as described in Section 4.5.2. Consistency: N/A. The project location is not located in a steep slope area.or.identified as within an erosion hazard area D. Coastal Habitats and Resources Policy D -5: Wind Generation and Bird Habitat a. The applicant shall incorporate measures into the project description regarding the siting of wind generation projects to minimize mortality to birds. These measures shall include, but are not limited to, installation of turbines on the tallest towers practicable for the site, configuration of towers to reduce the likelihood of bird strikes, and use of tubular towers, fully enclosed nacelles or other appropriate technology that has been demonstrated to reduce bird mortality from wind turbines. Consistency: N /A. The project does not involve a wind generation project] Case No. 11 -003 Staff Rpt Page 5 of 16 Public Hearing Item m-C P&Z August 18, 2010 b. This poIcy applies to uses and activities related to the Energy Facilities Standard 11 AAC 112.230. Consistency: N/A. The project does not invo!ve the development or construction of an energy facility. H. Recreation Policy H-1: Protection of Recreation Resources and Uses a. On public lands and waters used for recreation activities within designated recreation areas or on private lands and waters within designated recreation areas where the landowner has granted formal permission for recreationat activities, non-recreational projects and activities shall be Iocated, designed, constructed and operated to avoid significant adverse impacts to recreation resources and activities, including access and scenic views unless a comparabte alternative recreational opportunity can be provided that would not decrease the quality of the recreation experience in another area. consistency: N/A. This request does not involve the use or development of public lands ',used for recreation or any other public purposei b. Access through water bodies shati be maintained. 1. Fences shatt not be constructed across streams, 2. Bridges must be constructed at least four feet above the ordinary high water mark, 3. Structures, other than weirs, shall not impede travel by watercraft along waterways, and 4. Weirs shall be constructed to allow for small boat passage over or around the structures, and warning signs shatt be ptaced at teast 25 yards upstream of the weirs. Consistency: N/A. The project is not Iocated along a water body used for recreation purposesi c. This policy applies to areas designated for recreation under 11 AAC 114.250(c) as described in Section 4.5.1, and it applies to all uses and activities that could affect recreational values described in the resource inventory and analysis. 'Consistency: N/A. This area is not specifically identified or reserved for recreational use under 11 uuP 114.25O(cu d 1. Archaeological and Historic Resources Policy 1-1: Consultation and Surveys a. For projects within the historic and prehistoric designation area, the applicant shall submit with the consistency review packet an assessment of potential impacts to historic and prehistoric resources and a plan for the protection of those resources. As part of the assessment, the appticant shalt consult with the KIB, tribal entities and the Alutiiq Museum, Consistency: The project is not k ntnbo|ocatedin'anoremidenUfiedas a historic o 'prehistoric resource areal b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(i) as described in Section 4.5.4. It applies to all uses and activities that coutd affect these resources. onsistency: The project io not located inan area identified ano historic or prehistoric naoou'"e Policy 1-2: Resource Protection a. For projects within the historic and prehistoric designation area, if previously undiscovered artifacts or areas of historic, prehistoric, or archaeological importance are encountered during deve|opmnnt, an artifact curation agreement will be developed between the landowner, appropriate state of federal preservation authorities, and the curation facility if artifacts are discovered on the project site. onoimben stipulation requiring the inctusion of an artifact curation agreement witt b ipcorporabed into the pennkUng_pnon000! Case No. 11-003 Staff Rpt Page 6 of 16 Public Hearing Item VI-C P&Z August 18, 2010 b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(i) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. ;Consistency: Unknown. The project may be located in an area identified for the stud , understanding 1pr illustration of history and prehistory under 11 AAC 114.250(1 K. Mineral Extraction and Processing Policy K-1: Siting of Material Sources a. Sources of sand and gravel shall be authorized in the following priority: 1. Upland sites, including river terraces above historic high water, 2. Areas of low habitat value, including river bars, 3. Streams which do not provide fish habitat, and 4. Other habitats. onsistency: N/A. The project does not involve extraction of sand and gravel resources) b. This policy applies to the sand and gravel standard (11 AAC 112.260). onsistency: N/A. The project does not involve extraction of sand and gravel resouiTe-il. 4.5 Designated Areas 4.5.1 Recreation Areas Not identified as suchi 4.5.2 Natural Hazard Areas Not identified as suchi 4.5.3 Important Habitat Areas Not identified as such] 4.5.4 Historic and Prehistoric Resource Areas Not identified as suchi 4.5.5 Commercial Fishing and Seafood Processing Facilities Not identified as such: 4.5.6 Subsistence Areas Not identified as suchi KIBC Title 17, Chapter 17.15, GENERAL PROVISIONS AND USE REGULATIONS 17.15.010 APPLICATION OF PROVISIONS. The provisions established by this title for each district are minimum regulations and apply uniformly to each class or kind of structure or land. 17.15.020 CONFORMITY WITH REGULATIONS REQUIRED. No building, part of a building, or any land shall be used, occupied, erected, moved, or altered unless in conformity with the provisions of this title for the district in which the building or land is located. 17.15.030 ALTERATION OR ERECTION OF STRUCTURES. No structure shall be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area, to have a narrower or smaller front yard, side yard, or rear yard, than is specified in this title for the district in which the structure is located. Case No. 11-003 Staff Rpt Page 7 of 16 Public Hearing Item VI -C P8Z August 18, 2010 17.15.040 YARD OR OPEN SPACE LIMITATION. No yard or open space provided about a building for the purpose of complying with this title shall be considered as providing a yard or open space for any other building. No yard or open space on one lot shall be considered as providing a yard or open space for any other lot. 17.15.050 APPROVAL BY PLANNING AND ZONING COMMISSION. When it is stated in this title that uses are permitted subject to approval by the commission, an application for consideration shall be submitted to the community development department with a site plan. The commission shall make its findings within 40 days of the date the application is submitted and notify the applicant, in writing, of the decision. If denied, the commission shall state the reasons for denial and the avenues of appeal available to the applicant. 17.15.060 ZONING COMPLIANCE. Zoning compliance is required for site grading (excavation and fill), erection, construction, establishment, moving, alteration, enlargement, repair, or conversion of any building or structure in any district established by this title, subject to the following: A. An application for zoning compliance will be filed with the community development department on a form provided by the department. If the application meets the requirements of this title, as verified in the department, and other applicable regulations, a permit will be issued. An as -built of the property may be required to ensure that applicable requirements can be met, when existing structures are located on the property. Any zoning compliance permit issued is subject to the same expiration, suspension, and revocation provisions as a building permit issued for the same construction project (See Uniform Building Code Section 303(d) and (e), as currently adopted under KIBC 15.05.020). * ** * ** * ** * ** * ** * ** 17.15.070 BUILDING PERMIT AND CONFORMITY TO ZONING. No building permit, plans, or specifications will be approved which permit any violation, modification, or waiver of this title. When the terms of a building permit, plans, or specifications conflict with this title, the provisions of this title will govern. 17.15.080 USES PROHIBITED UNLESS AUTHORIZED. Land uses not listed as a permitted use in a district are prohibited. 17.15.090 SIMILAR USES MAY BE PERMITTED. A. Land uses other than those specifically permitted or conditionally permitted in a district may be allowed if they are similar to those listed and are found by the commission, after a public hearing, to be similar in character and impact. B. In all cases, the outdoor storage of materials and equipment is prohibited unless it is listed as a permitted or conditional use in a district. * ** * ** *** * ** * ** * ** Case No. 11 -003 Staff Rpt Page 8 of 16 Public Hearing Item VI -C P&Z August 18, 2010 KIBC Title 17, Chapter 17.25, DEFINITIONS 17.25.010 GENERAL INTERPRETATION. A. "Lot" includes the words "plot" and "parcel." B. "Shall" is always mandatory. C. "Used" or "occupied," as applied to any land or building, includes the words "intended, arranged, or designed to be used or occupied." * ** * ** * ** * ** * ** * ** 17.25.040 C DEFINITIONS. * ** * ** * ** * ** * ** * ** "Conditional use permit" means a method of allowing for flexibility within the zoning regulations by permitting certain specified uses in zoning districts after additional controls and safeguards are applied by the commission to ensure their compatibility with permitted principal uses. * ** * ** * ** * ** * ** * ** 17.25.100 I DEFINITIONS. "Industry" means the manufacture, storage, extraction, fabrication, processing, reduction, destruction, conversion, or wholesaling of any article, substance, or commodity, or any treatment which changes the form, character, or appearance of a resource material or previously manufactured item. * ** * ** * ** * ** * ** * ** 17.25.160 0 DEFINITIONS. "Outdoor storage" means the use of land for the storage of items in the open, not within a structure. * ** * ** * ** * ** * ** * ** 17.25.220 U DEFINITIONS. "Use" means the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained. * ** * ** *** * ** * ** * ** KIBC Title 17, Chapter 17.105, I — INDUSTRIAL DISTRICT 17.105.005 DESCRIPTION AND INTENT. The I industrial zoning district is established as a district in which the principal use of the land is for business, manufacturing, processing, fabricating, repair, assembly, storage, wholesaling, and distributing operations, which may create some nuisance, but which are not properly associated nor compatible with residential land uses. For the industrial zone, in promoting the general purpose of this title, the specific intentions of this chapter are: A. To encourage the construction of and the continued use of the land for business and industrial purposes; Case No. 11 -003 Staff Rpt Page 9 of 16 Public Hearing Item VI -C P8Z August 18, 2010 B. To prohibit all residential uses of the land not associated with industries and any other land use which would substantially interfere with the development, continuation or expansion of industry in the zone; C. To concentrate the industrial and business uses within designated areas to protect residential districts from noxious or noisy operations; and D. To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this chapter. 17.105.010 PERMITTED USES. The following uses of the land are permitted in the industrial district: A. All uses permitted in B business district, except residential; B. Aircraft, automobile and truck assembly or remodeling; C. Asphalt batch and mixing plant, manufacturing or refining; D. Assembly of music and vending machines; E. Auction business; F. Beverage manufacturing; G. Boat building, repair and storage; H. Cabinet shops; I. Concrete mixing batch plants; J. Coal storage yards; K. Dwelling units for a watchman or caretaker on the premises; L. Dyeing plants; M. Gravel or sand extraction; N. Junkyards, wrecking, salvage or scrap metal operations; O. Lumber mills and sawmills; P. Lumberyard, building material manufacture or sales; Q. Machine or blacksmith shops; R. Manufacturing, servicing or repair of light consumer goods, such as appliances, batteries, furniture, and garments; S. Metal working or welding shops; T. Motor freight terminals; U. Outdoor storage; V. Paint shops; W. Public uses; X. Rock crushers; Y. Seafood processing establishments and their dormitories; Z. Sewage treatment plants; AA. Slaughterhouses; BB. Steel fabrication shops or yards; CC. Vehicle impound Tots; DD. Vocational or trade schools; EE. Utility installations; and FF. Warehousing within an enclosed structure. 17.105.020 CONDITIONAL USES. The following uses may be permitted by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Acetylene gas manufacture or storage; Case No. 11 -003 Staff Rpt Page 10 of 16 Public Hearing Item VI -C PEZ August 18, 2010 B. Ammonia, bleaching powder or chlorine manufacture; C. Cement, concrete, lime and plaster manufacture; D. Chemical bulk storage and sales; E. Garbage disposal sites, dumps and sanitary landfills; and F. Petroleum or flammable liquid production, refining or storage. 17.105.030 LOT REQUIREMENTS. A. Lot Area. The minimum lot area required is 20,000 square feet. B. Lot Width. The minimum lot width required is 75 feet. 17.105.040 YARDS. A. Front Yards. 1. There shall be a front yard of not Tess than 30 feet. 2. The front yard, when facing a state highway, shall be not Tess than 50 feet. B. Side Yards. 1. There shall be a side yard on each side of a principal building of not less than 20 feet, except that approved fire wall installations between adjoining structures provide for construction on the lot line. C. Rear Yards. 1. There shall be a rear yard of not less than 20 feet, except that approved fire wall installations between adjoining structures provide for construction on the lot line. D. Exemptions. Waterfront industries are exempt from the requirements of this section. 17.105.050 BUILDING HEIGHT LIMIT. The maximum height of a structure is unrestricted, except that no structure shall interfere with Federal Aviation Administration regulations on airport approach; and provided further, that within 50 feet of any residential district boundary, no portion of any structure shall exceed the height limitations of the residential district. 17.105.060 PERFORMANCE STANDARDS. All permitted and conditional uses shall comply with the performance standards listed, where applicable, in this section. A. Noise. The noise emanating from a premises used for industrial activities shall be muffled so as to not become objectionable due to intermittent beat, frequency, or shrillness; and where a use adjoins a residential district, the noise loudness measured at the boundary line shall not exceed 90 decibels. B. Lighting. Any lighting shall not be used in a manner which produces glare on public highways and neighboring property. Arc welding, acetylene torch cutting and similar processes shall be performed so as not to be seen outside the property. C. Fire and Safety Hazards. The storage and handling of inflammable liquids, liquefied petroleum, gases and explosives shall comply with the fire prevention code and all other applicable laws and regulations. Enameling and paint spraying operations shall be permitted when incidental to the principal use and when such operations are contained within a building of two -hour fire- resistive construction. Bulk storage of inflammable liquids below ground shall be permitted if the tank is located no closer to the property line than the greater dimension (diameter, length or height) of the tank. D. Odor. Uses causing the emission of obnoxious odors of any kind and the emission of any toxic or corrosive fumes or gases are prohibited. Case No. 11 -003 Staff Rpt Page 11 of 16 Public Hearing Item VI -C P&Z August 18, 2010 E. Dust and Smoke. Dust and smoke created by industrial operations shall not be exhausted into the air in such a manner as to create a nuisance. F. Open Storage. Any storage shall not be located closer than 25 feet to any street right -of -way. Any storage shall be enclosed with a fence acceptable to the commission. Whenever lumber, coal or other combustible material is stored, a roadway shall be provided, graded and maintained from the street to the rear of the property to permit free access for fire trucks at any time. G. Screening. Where an industrial use is adjacent to and within 100 feet of a residential use or zone, that industry shall provide screening as approved by the commission. COMMENTS The applicant has requested a similar use determination to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone. The petitioner has discussed with staff the prospect of obtaining a similar use determination comparing contaminated soil treatment with a permitted Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) for which the property has been previously permitted (Zoning Compliance Permit BZ00 -045). These uses have been determined to be similar in character and impact by staff in past when similar use determinations for permitted uses were allowed to be done administratively. Because that process could only be appealed to superior court and not to the commission or assembly, the code was amended to make all similar use determinations at the commission level and thereby provide a higher level of community review to these decisions. Although a public hearing is not specified for similar use determinations pertaining to similar use determinations, staff typically schedules them as such as a courtesy to the community. Similar uses may be permitted subject to Planning & Zoning Commission review and approval per KIBC 17.15.090. A & B. Recognizing that it is not possible to list an infinite number of land uses for a given zone the similar use determination allows the commission to consider the specifically enumerated uses in a given zone as a range of uses upon which comparison can be made. It is then up to the commission to determine the relative similarity of character and impact associated with proposed uses that are not specifically listed for the zone, but which may share certain similarities with listed uses or which may fulfill the intent of the zoning district in question. The petitioner has not provided a specific plan for treating soil on the site so that it is not possible to consider this use proposal as a conditional use at this time. Indeed, if the commission finds the contaminated soil treatment use to be similar in character and impact to an Asphalt Batch Plant and Mixing Plant, Manufacturing or Refining use, then a site plan could be submitted over the counter for zoning compliance review in the same manner for a permitted asphalt batch plant use in the I- Industrial zoning district. Past experience with ADEC approved soil treatment methods have shown that the most intense treatment methods for petroleum contaminated soils are very similar to the character and impact of an Asphalt Batch Plant and Mixing Plan, Manufacturing or Refining use. In particular, soil treatment utilizing thermal desorption methods such as a rotary kiln or enclosed oven, which involve the application of high temperatures on the Case No. 11-003 Staff Rpt Page 12 of 16 Public Hearing Item VI -C P&Z August 18, 2010 petroleum contaminated soil, are comparable in the required application of high temperatures used to create asphaltic compounds. In the case of contaminated soil treatment the goal is to burn off the hydrocarbon contaminants and in the case of asphalt batching and mixing the goal is to introduce specialized petroleum substances at high temperatures that will eventually harden into a road, path or driveway surface when applied and cooled to ambient air temperatures. Both uses processes can create hydrocarbon air emission byproducts depending upon the technology or treatment process employed. These emissions are regulated by ADEC. Both uses also have the potential to create additional contamination through the escapement of runoff or the accidental loss of petroleum products during the transport, handling or treatement of the materials. Again, these risks are regulated by ADEC which typically specifies containment, handling and treatment techniques and procedures suitable to address the risks associated with these activities. Because the applicant has not provided a specific proposal or site plan, it is impossible to analyze the potential impacts of the use. The use of the site could be intended for a one time opportunity or could be established as a long term use at this location, subject to the development of a sustainable market for this service in the community. If the commission determines that the proposed use for contaminated soil treatment is similar to an asphalt batch plant, further site plan review could handled through the typical zoning compliance permit process per Kodiak Island Borough Code 17.15.060 A.1 The I- Industrial zone has certain performance standards that staff has in the past accepted as being met upon satisfactory evidence of compliance with ADEC regulations. This is due to the fact that KIB staff are not technically qualified, equipped or authorized to regulate environmental impacts pertaining to air and water quality. Staff and the commission are qualified however to perform screening reviews that may be required for certain outdoor storage uses or when industrial uses are within close proximity to residential use or zone. While staff has discussed above the use of thermal desorption to treat contaminated soils, this should be viewed as a "most significant" scenario as there are other treatment options which carry much less risk than the thermal desorption process. If the commission finds that the proposed use is not generally similar in character and impact to a permitted asphalt batch and mixing plant it has the alternative of considering a potential use in the conditional use category which is Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F). Staff understands the Petroleum or Flammable Liquid Production, Refining or Storage use to be typically referred to as a "petroleum refinery" or "bulk petroleum storage facility". The environmental and safety risks involved with facilities of this type are typically much greater than you would see with an asphalt batch and mixing plant. The temperatures and pressures used to refine petroleum products, regular transfers of bulk 1 17.15.060 Zoning Compliance. Zoning compliance is required for site grading (excavation and fill), erection, construction, establishment, moving, alteration, enlargement, repair, or conversion of any building or structure in any district established by this title, subject to the following: A. An application for zoning compliance will be filed with the community development department on a form provided by the department. If the application meets the requirements of this title, as verified in the department, and other applicable regulations, a permit will be issued. An as -built of the property may be required to ensure that applicable requirements can be met, when existing structures are located on the property. Any zoning compliance permit issued is subject to the same expiration, suspension, and revocation provisions as a building permit issued for the same construction project (See Uniform Building Code Section 303(d) and (e), as currently adopted under KIBC15.05.020.) Case No. 11 -003 Staff Rpt Page 13 of 16 Public Hearing Item VI -C P&Z August 18, 2010 product for distribution or simply storing large bulk quantities of product on site involves a much higher degree of risk. A petroleum refining or bulk storage use would not likely fit on a site the size of the property proposed for this similar use review. Nevertheless, if the commission felt that this was a closer fit to the proposed soil remediation use, it could approve the similar use determination for this use and thereby provide the petitioner with the opportunity to present a detailed site plan and to go through the CUP public hearing process. This would provide not only a greater degree of public review but would also give the commission a greater degree of discretion over potential stipulations to address any code deficiencies in the proposal or reasonable concerns of the community. That said, staff does not recommend this alternative just for the sake of a more in depth CUP review unless the commission truly believes this use is similar in character and impact to a petroleum refinery or bulk storage facility. Staff would point out that similar use determinations are themselves appealable to the KIB assembly sitting as the Board of Adjustment. A check of the most recent soil treatment similar use determination granted by the commission was Case 04 -013. This was reviewed as a similar use and CUP for a thermal desorption soil treatment facility to be located on Lot 6, Seaview Subdivision, across and upland from the LASH terminal. This soil treatment facility was permitted with 8 conditions of approval and one finding. The facility was never developed however and the CUP has long since become null and void. RECOMMENDATION Staff recommends that the Commission grant this similar use determination and find that the proposed treatment of petroleum contaminated soil is a use similar in character and impact to a permitted asphalt batch plant in the I= Industrial zoning district. In the alternative, the commission may also consider a motion to approve a similar use determination that a contaminated soil treatment use is similar in character and impact to the conditional use of a Petroleum or Flammable Liquid Production, Refining or Storage use. APPROPRIATE MOTIONS Should the Commission agree with the staff recommendation, the appropriate motion is: Recommended Motion Move to grant a Similar Use Determination, according to KIBC 17.15.090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to a permitted use in the I- Industrial zone, specifically an Asphalt Batch and Mixing Plant, Manufacturing or Refining use in accordance with KIBC 17.105.010.C, and to adopt the findings in the staff report dated July 9, 2010 as FINDINGS OF FACT for this case. FINDINGS OF FACT 1. The proposed soil treatment use is similar in terms of the character and impact to an Asphalt Batch and Mixing Plant, Manufacturing or Refining Use which is permitted in accordance with KIBC 17.105.010.C, because both processes are used to convert petroleum products from one form to another through the Case No. 11-003 Staff Rpt Page 14 of 16 Public Hearing Item V1-C P&Z August 18, 2010 application of high temperatures (although some biological soil treatment methods do not require the application of high temperatures in order to be effective over a much long period of treatment). 2. Both the permitted and proposed uses involve the storage of rock/gravel material mixed with petroleum products on site, and both uses can have similar emissions and environmental risks. For this reason both uses are similarly subject to ADEC regulations which are able to be applied to a wide range of scale and treatment options available to treat petroleum contaminated soils. Alternative Motion Move to grant a Similar Use Determination, according to KIBC 17.15.090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to a conditional use in the I- Industrial zone, specifically a Petroleum or Flammable Liquid Production, Refining or Storage use in accordance with KIBC 17.105.020.F, and to adopt the findings in the staff report dated July 9, 2010 as FINDINGS OF FACT for this case. FINDINGS OF FACT 1. The proposed soil treatment use is similar in terms of the character and impact to an Asphalt Batch and Mixing Plant, Manufacturing or Refining Use which is permitted in accordance with KIBC 17.105.010.C, because both processes are used to convert petroleum products from one form to another through the application of high temperatures (although some biological soil treatment methods do not require the application of high temperatures in order to be effective over a much long period of treatment). 2. Both the permitted and proposed uses involve the storage of rock/gravel material mixed with petroleum products on site, and both uses can have similar emissions and environmental risks. For this reason both uses are similarly subject to ADEC regulations which are able to be applied to a wide range of scale and treatment options available to treat petroleum contaminated soils. Case No. 11 -003 Staff Rpt Page 15 of 16 Public Hearing Item VI -C P8Z August 18, 2010 exS\ \‘, sc) ,sk1/4# \c/ Case No. 11.003 Staff Rpt Page 16 of 16 Public Hearing Item VI -C P&Z Au ust 18, 2010 Panoramic view of the subject parcel from Sargent Creek Road near the dumpster pull out. titit u.� Individual photographs panning from northwest to southeast. Case No. 11 -003 Appendix 1 Page 1 of 4 Public Hearing Item VI -C P8Z August 18, 2010 Case No. 11 -003 Appendix 1 Page 2 of 4 Public Hearing Item VI -C P8Z August 18, 2010 At southeast endfof property(Kezanot Drive West end) looking northeast. Case No. 11 -003 Appendix 1 Page 3 of 4 `-d Public Hearing Item VI -C P&Z August 18, 2010 excs \Ar- se oc1/4* flab Case No. 11 -003 Appendix 1 Page 4 of 4 Public Hearing Item VI -C P8Z August 18, 2010 Panoramic view of Brechan Enterprises asphalt batch plant, permanently located on Block 3 of Tract A, Bells Flats Alaska Subdivision. Photos taken on July 14, 2010. Material intakes leading to rotary kiln mixing unit. Case No. 11 -003 Appendix 2 Page 1 of 2 Public Hearing Item VI -C P&Z A • ust 18, 2010 iR eC P'r� -. .. y • Rotary kiln shown with storage tanks for asphalt emulsion in the foreground. Towers in background and additional storage tanks appear related to the asphalt batch and mixing plant. Case No. 11 -003 Appendix 2 Page 2 of 2 I wish to submit my comments in relation to case 11 -003 for to be heard by the P &Z commission on August 18, 2010. I have concerns as a resident and homeowner of the Kodiak Island Borough. I have concerns about locating a facility to store and possibly remediate contaminated soils on this property, located between two rivers known as productive Salmon rivers. My other concern is illiustrated by the excerpt from the KIB and Womens Bay Comprehensive Plans. There is a glaring lack of a plan for how KIB plans to deal with the issue of the remediation of petroleum contaminated soils, including those soils the Borough must remediate. Thank you for the comments Kathleen D. Janz Womens Bay. Comp plan 2007 IECIEEIVE AUG - 3 2010 COMMUNITY DEVELOPMENT DEPARTMENT Goal 1: Minimize development in environmentally sensitive area. Objectives: Maintain a high quality natural environment within the planning area. Provide comprehensive land, air and water policies, uses, and zoning recommendations for the land and waters within the Womens Bay planning area. KIB /DCED /ACMP /State /Federal agencies. /P & Z Comm., CDD On -going Minimize development in rivers and creek flood plains, tsunami surge zones or at the bases of unstable quarry or mountain sides. KIB /Private /P & Z/CDD/ Assessing On -going Objectives: Protect the Russian River and Sargent Creek drainages by establishing specific strategies through coordination with state and federal regulatory entities. Action Funding Source KIB Lead Time Frame Coordinate a multiple organizational management system to protect the Russian River and Sargent Creek drainage areas, through the creation of greenbelt. Kodiak Island Borough Comprehensive Plan Adopted 2008 Excerpts from Chapter 12 Goals and Implementation Actions LAND OWNERSHIP, MANAGEMENT AND USE Goal: Regulate and manage land uses to balance the rights of private property owners with community values and objectives. Identify an adequate supply of land in each community to meet future residential and other land development needs based on future population and employment growth projections, assumptions about the type and land requirements for projected uses and conditions or constraints that may affect development. Consider use of public or private Native-owned lands to help meet these needs. Evaluate need and recommend specific sites for commercial and industrial uses within and outside cities and unincorporated communities in the borough to meet future economic needs, El Potential conflicts with adjacent land uses, particularly residential uses and sensitive natural resources. Conduct an industrial lands capability study that identifies preferred areas for future industrial and commercial development. CDD/P&ZC Goal: Ensure that land use and development decisions consider subsistence resources and activities. Require development to avoid or minimize potential adverse impacts to subsistence resources and activities. CDD/ADF&G/TC/LC Review and analyze area zoning to determine the need and potential placement of industrial property zoning if needed. CDD/P&ZC Goal: Establish goals, priorities and procedures for acquisition, disposition and management of borough-owned lands. Develop a land management policy that: identifies property on the road system that is used by the public but is not in public ownership, identifies property on the road system that is needed for fire stations, school sites, recreational areas and other public uses, and identifies property for acquisition by the borough through purchase or trade, Develop a land management policy system and portfolio for borough -owned lands that inventories resources and potential uses of borough lands, and designates which lands the borough should retain and which lands it should sell or trade. Identify potential future landfill sites and zone surrounding areas for compatible (i.e., nonresidential) uses. CDD /Solid Waste Advisory Committee /P &ZC /EF Goal: Support environmentally -sound timber harvesting and tree farming activities ... Goal: Support opportunities for environmentally -sound sand and gravel resource exploration and extraction ... Goal: Support sound oil and gas exploration and development compatible with commercial and sport fishing, subsistence and recreational activities, and the protection of fish and wildlife resources. Identify potential sites for petroleum - related facilities without limiting the opportunity for other development activities. (Note: A majority of meeting Comprehensive Plan meeting participants do not support this action.) Goal: Maintain and improve solid waste disposal services and facilities. Goal: Provide for public safety and minimize exposure to danger when developing coastal areas. Goal: Protect coastal habitats and maintain fish and wildlife populations through management of lands and waters. Petition to Deny the Approval of Case 11-003 The contaminated soil storage and remediation permit application for 465 Sargent Creek Road should be denied because: 1. The Kodiak Island Borough does not have a publicly available document detailing Borough plans for contaminated soil storage, remediation, and disposal. 2. The site is inappropriate for contaminated soil storage and remediation 4 ils to meet minimum standard guidelines found in the State fi tk4ijjiI treatment regulations at 18 AAC 75.370. Specifically, AUG - 3 2010 ". tore contaminated soil A) 100 feet or more from surface water...". (p. 99) COMM. UNI1Y DEVEATWEMIV rdered by water on two sides and prone to flooding. The immediately adjacent Russian Creek, recognized by ADF&G as hosting Pinks, Coho, Chum, and Dolly Varden, is a sport fishing and bear viewing destination for Kodiak community families and tourists. 4. The permit application fails to meet objectives outlined in the Kodiak Island Borough's. Womens Bay Comprehensive Plan Update including: a. "No new industrial activities will be permitted in the Core Plan area." (p. 34) b. "Minimize development in rivers and creek flood plains..." (p. 43) c. "...protect the Russian River and Sargent Creek drainage areas through the creation of greenbelt." (p. 36, 44) PRINTED NAME SIGNATURE Petition to Deny the Approval of Case 11 -003 PRINTED NAME os\r■ %oyXe. Alt 11: 1i ow-) n c; » E/{57itE •0004 61 7..-cDcor\ \--eve,Inson jvlla_ roc_ C L -e -e kscyY,, 5.‘en■ ReA-eir&v, SIGNATURE ex6eitab gffyud- f - DATE 6/.51 0 5)/ 3/00 g"-3 -i1) 3-3 -16 /3,//6 2/3110 e /3 /L o q3lro 3Ivio ft - 3 -- I Sn5110 3 !u -3 -1 Petition to Deny the Approval of Case 11 -003 The contaminated soil storage and remediation permit application for 465 Sargent Creek Road should be denied because: 1. The Kodiak Island Borough does not have a publicly available document detailing Borough plans for contaminated soil storage, remediation, and disposal. 2. The site is inappropriate for contaminated soil storage and remediation because it fails to meet minimum standard guidelines found in the State of Alaska soil treatment regulations at 18 AAC 75.370. Specifically, "...(2) store contaminated soil (A) 100 feet or more from surface water... ". (p. 99) 3. The site is bordered by water on two sides and prone to flooding. The immediately adjacent Russian Creek, recognized by ADF &G as hosting Pinks, Coho, Chum, and Dolly Varden, is a sport fishing and bear viewing destination for Kodiak community families and tourists. 4. The permit application fails to meet objectives outlined in the Kodiak Island Borough's Womens Bay Comprehensive Plan Update including: new industrial activities will be permitted in the Core Plan (p. 34) ize development in rivers and creek flood plains..." (p. 43) •rlotect the Russian River and Sargent Creek drainage areas rough the creation of greenbelt." (p. 36, 44) E COMMUNITY DEVELOPMENT DEPARTMENT PRINTED NAME veto r Rol�� kA G g 7°7 4/0r*IX 9 `,t \Nc c A SIGNATURE 9,Daitia 5-/-zv 3vtv`> DATE 813//o 31/0 3/add 6Z.3:2_00 ID 0 AD e-) Petition to Deny the Approval of Case 11 -003 PRINTED NAME ""(Ali SIGNATURE Ce43-\ A'Rv ion ..Ycoi't‘cO J66 a4.44q--7, '1=1r3ro N 5AQ66.r'r Irak Wi'tik 6E-oicfPvu,iti eov, .Actuvkes,-. cHm yviertfo El; -ems 50 Kitt Jv Asa\ qL 6ec Fowcfl- 'gdbeq DATE V31(e) 0)1a gV-3/a al3 /ll gl3 pcs 3p) 8/740 �3�3�io sx3//0 g /3 /co 63/00 -3 --CO V51 ro Petition to Deny the Approval of Case 11 -003 The contaminated soil storage and remediation permit application for 465 Sargent Creek Road should be denied because: 1. The Kodiak Island Borough does not have a publicly available document detailing Borough plans for contaminated soil storage, remediation, and disposal. 2. The site is inappropriate for contaminated soil storage and remediation because it fails to meet minimum standard guidelines found in the State of Alaska soil treatment regulations at 18 AAC 75.370. Specifically, "...(2) store contaminated soil (A) 100 feet or more from surface water... ". (p. 99) 3. The site is bordered by water on two sides and prone to flooding. The immediately adjacent Russian Creek, recognized by ADF &G as hosting Pinks, Coho, Chum, and Dolly Varden, is a sport fishing and bear viewing destination for Kodiak community families and tourists. 4. The permit application fails to meet objectives outlined in the Kodiak Island Borough's Womens Bay Comprehensive Plan Update including: a. "No new industrial activities will be permitted in the Core Plan EC -E # (.34) • ze development in rivers and creek flood plains..." (p. 43) AUG - 3 29Ij "• • tect the Russian River and Sargent Creek drainage areas th oug the creation of greenbelt." (p. 36, 44) COMMUNITY DEVELOPMENT DEPARTMENT PRINTED NAME tti fi bi4. t1ts'i IAvry 1 —S 5Op1 /F? ' -r e'6 0 /e6l !AEI (,ik `Lw L SIGNATURE DATE sr -3 -/D 3—/d r/VIO LD i4) 5 -3 I° e-3-14) Petition to Deny the Approval of Case 11 -003 PRINTED NAME PJpftcri e PCOC) Ntkpl LU kok L i33 s cD IAA- kimiDeL I �3 L /&/ F-67, fyIW Vo�► r)r (54 (r' -e-L s '-- DAT Z/. ,/t5/ 9(3i) $lal1 -3 -1 o :3/2A0 5420 -3 -Ga 0 Petition to Deny the Approval of Case 11-003 The contaminated soil storage and remediation permit application for 465 Sargent Creek Road should be denied because: The Kodiak Island Borough does not have a publicly available document detailing Borough plans for contaminated soil storage, remediation, and disposal. 2. The site is inappropriate for contaminated soil storage and remediation because it fails to meet minimum standard guidelines found in the State of Alaska soil treatment regulations at 1 8 AAC 75370. Specifically, "...(2) store contaminated soil (A) 1 00 feet or more from surface water...". (p. 99) 3. The site is bordered by water on two-sides and prone to flooding. The immediately adjacent Russian Creek, recognized by ADF&G as hosting Pinks, Coho, Chum, and Dolly Varden, is a sport fishing and bear viewing destination for Kodiak community families and tourists. 4. The permit application fails to meet objectives outlined in the Kodiak Island Borough's Womens Bay Comprehensive Plan Update including: new industrial activities will be permitted in the Core Plan EC E e 34) ze development in rivers and creek flood plains..." (p. 43) Jii6kect the Russian River and Sargent Creek drainage areas the creation of greenbelt." (p. 36, 44) PRINTED NAME 11.44koe_t NANQI AQK 1 IL ilhati SIGNATURE DATE //04-4-t V3/i0 L-40mcy 1/6421/0 V/3/ IP / Velb Petition to Deny the Approval of Case 11 -003 PRINTED NAME I' a No1r\ Lilo o.. LiA (Aria rikKym E Petition to Deny the Approval of Case 11 -003 The contaminated soil storage and remediation permit application for 465 Sargent Creek Road should be denied because: 1. The Kodiak Island Borough does not have a publicly available document detailing Borough plans for contaminated soil storage, remediation, and disposal. 2. The site is inappropriate for contaminated soil storage and remediation because it fails to meet minimum standard guidelines found in the State of Alaska soil treatment regulations at 18 AAC 75.370. Specifically, "...(2) store contaminated soil (A) 100 feet or more from surface water... ". (p. 99) 3. The site is bordered by water on two sides and prone to flooding,. The immediately adjacent Russian Creek, recognized by ADF &G as hosting Pinks, Coho, Churn, and Dolly Varden, is a sport fishing and bear viewing destination for Kodiak community families and tourists. 4. The permit application fails to meet objectives outlined in the Kodiak Island Borough's Womens Bay Comprehensive Plan Update including: a. "No new industrial activities will be permitted in the Core Plan area." (p. 34) b. "Minimize development in rivers and creek flood plains..." (p. 43) c. "...protect the Russian River and Sargent Creek drainage areas through the creation of greenbelt." (p. 36, 44) PRINTED NAME , T0n1 p V)SQ- COMMUNITY DEVELOPMENT DEPARTMENT SIGNATURE DATE n. n to Deny the Approval of Case 11-003 it storage and remediation permit application for 465 should be denied because: 1. The Kodiak Island Borough does not have a publicly available document detailing Borough plans for contaminated soil storage, remediation, and disposal. 2. The site is inappropriate for contaminated soil storage and remediation because it fails to meet minimum standard guidelines found in the State of Alaska soil treatment regulations at 18 AAC 75.370. Specifically, "...(2) store contaminated soil (A) 100 feet or more from surface water...". (p. 99) 3. The site is bordered by water on two sides and prone to flooding. The immediately adjacent Russian Creek, recognized by ADF&G as hosting Pinks, Coho, Chum, and Dolly Varden, is a sport fishing and bear viewing destination for Kodiak community families and tourists. 4. The permit application fails to meet objectives outlined in the Kodiak Island Borough's Womens Bay Comprehensive Plan Update including: a. "No new industrial activities will be permitted in the Core Plan area." (p. 34) b. "Minimize development in rivers and creek flood plains..." (p. 43) c. "...protect the Russian River and Sargent Creek drainage areas through the creation of greenbelt?' (p. 36, 44) PRINTED NAME 6-eo ecrt.tf-Ac- 4/Zai41,7e) 0./Likrai4 c5N 5 De&rize Do-oceki-e: SIGNATURE 1 C6es% -06Liee Jrnevezea DATE (le; S-3-ru Petition to Deny the Approval of Case 11 -003 PRINTED NAME SIGNATURE DATE AUG -03 -2010 04:13 PM PE'CR.ALLAN 90.7'' 37 2333 P.01 AUG — 3 2010 L ` KODIAK ISLAND BOROUGH COM .UNITY DEVELOPMENT DEPARTMENT 7111 Mill line Road. Kodiak..Ala%ka QOM COMMUN Public Hearing Item VI- BLIC HEARING NOTICE A public hearing \rill- be .held cm Wednesday, August 18, 2010. The meeting:, will begin at 7:30 p.rn. itti the Borough Assembly Chambers. 7:0 Mill Bay Road. Kodiak, Alaska. before the Kodiak islandi o ugh Plartninjand Zoning Commission, to hear comments if qtly sn the following reguest: CASE: 11 -003 APPLICANT: John Zbin;of REQUEST A Similar L.se Determination, according to K1BC 17.15. (1V/().A. to allow the storage o1' fetrolcum contaminated soil for the purpose of ADEC' approved treatment, as a use that i; similar in character and impact to permitted or conditional uses in the 1- Industrial zone. including; Asphalt Batch and Mixing Plant. Manufacturing or Refining (KIBC 17.105.01(1.C1 or. Petroleum or Flammable Liquid Production. Relining or Storage (KIBC 17.105.020.F ), the latter use would also require a conditional use permit (CUP) r:view irapproved as a similar use by the commission LOCATION: «,5 Sarg,cnt C'rc:ek Road ZO• INCi : 1- Industrial his notice is being tent to you because our records indicate you arc ;t property owner;interested party in the area c..' the request. 11' you do no. wish to testify verbally, you may provide you rllrnments to the space below or in a letter i:• the Connnunity Development DepttrtriernL t ;• :II:.... . . • ,•k• r • • .,,I. •,tr.1,,1 3(110 to he i•untiidcrt rir,rj �•6RIItitsiu11. 1(►e vim Foriksiwr .'ii,1 fir,,., • .•r • • • •i irlr, ' ,. • ••g7rf!• r. r'r ..• ;'1.11 Off •Cn (r¶) ) tiny!, pew, 1.• nierfOlg erne ' %llrlltr1111 ! !' •1r';y: . ;i;•: You may fax your comments to (907) 48O-9396. To testify vita telephone, please call in your comments during the appropriate public hearing !section of the meeting. The local call-in WenItoui• number is 486-3231, The Alaska toll free telephone number is 1400 -4784736. One week prior t. thl• regular meeting. cm Wednesday, August 11. 3(1111. a work session 1,;'iII be hdd at 7:30 p.nt. Kodiak Island l3nlaugli Conference Room (x11211. :o re; ie►v the packet material for the caul' Kodiak Island l3orougt Code pre% ulrs you with specit.e appeal rights it' yuu disagree with Ow Commission's decision on this request. If you have ary questio::s i.'.o'it thel ere :ues; or } our appeal rights. please feel free to call us at 486_- 9_363. YOIIrNum': t lr 1`11.1 ✓L �t G��. _ �I�itIi,g (Wrest.:_ �_ X i . Q 7, 0- .; Your propem dettri.ptlon - .,.w... - -•--.. Continent': 11s am a ;t0 year resident of the Womens Bay Community i ka Bolls F1 :ats annd 1 urge - you to 1•oject the above request to allow storage (and possible Lr€atment) of petro -- con tam inated soil in this environmentally sensitive area. --- The sito is nestled between the Russian River and Sargent Creek, twro extremely important anadromous streams. Commercial, sports, and subsistence fishermen as well as bears, foxes and birds utilize they salmon produced h :v these two river syst.em,. --- Tourists and locals are drawn to Womons Bay just to see the spawning salmon — return and watch the hears eat the fish. Businesses have starts: rl ;n ':he Flats that cater t•C. visitors. The arc a is prone to Flooding in the spring and fall, The water table is shallow. The po:;sihili sty of river contamination is too great to allow storage of oily soil in thi :• - -- Ioct don, resulting in a negative effect on the environment, tourism, local business, - - and Liu;dity of life for our community. Please ;onsider changing the zoning along these rivers to flurr.1 Cor:nervation. Please recommend to the lei Borough that a contaminated st,ll task force be created Io find permanent solution for the persistent prohlem of con ,titninated soil storap'� and treatment. eII err All 2010-08-03 16:32 AUG -32010 ULVtLUI'!VI KIB KODIAK ISLAND BOROUGH OM UNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearin_ Item V BLIC HEARING NOTICE P 111 A public hearing will. be .held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 1 1-003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt .Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.0) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the comrnission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments must he received by 5 pm, August 3. 2018 lo be considered by the cmntnissiun. The corniissidn shall naf consider any new infiwmaiiw, .sulunilred less than fifteen (1 5) days prior f( a rekulur meeting date (Planning Zoning Bylaw; amended June 14, 2010). You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The total cabin telephone number is 496 -3231. The Alaska toll free telephone number is 1- 800M78 -5736. One week prior to the regular meeting. on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the cast. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. if you have any questions about t e request or your appeal rights, please feel free to call us at 486 -9363. Your Name :1 j V ID CI 6 Cc Mang Address: �i li 3 me 5T-0,4 /...7110 E. Your property description: i7t� Jet J `, ©C. t` Z L. 0-r- ' F Cbmmenls: -T-14- is Lo A-7 49A) is .�6,8 C T 7 PGA ©2YAJC .b C L • a N :. ; •:. 0 i d - • _ A l e. 7-3/0/140.1) PLd+b D z d1 1L r Po 59 r13 L� ri,erute g- R 6140V -`r' /a Al Pie a C ms$ /J C Cbut -p J/A- ve 11e6,4.7-,VV psi etrA-C 7-5 agar/ Ng 4-12,By ILE5n ,4T /A-c.G y 0 N 40061150it1+oOP5, ODIAK ISLAND BOROUGH TY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 IN\ IMUNITY DEVELOPMENT DEPA TM IT Public Hearing Item VI-C IC HEARING NOTICE 1 0 eel__ A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: APPLICANT: REQUEST: 11-003 John Zbitnoff A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I-Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I-Industrial This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. 'Comments must be received by 5 pm, August 3, 2010 to be considered by the commission. The commission shall not consider any new information submitted less than fifteen (15) days prior to a regular meeting date (Planning Zoning Bylaws amended June 16, 2010). You may fax your comments to (907) 486-9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The Alaska toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. _., Your Name: 1) i &re. Dou ce_ffe. c-Ciacirt Mailing Address: i 9,5f 'a• M Ia4le- i9) Driv-e r' CIPA,A7-4 Your property description: e-S Comments: --Z. -Clr■4 t1" d i ffico 14 4t, Co fruno44— VILIC, n,atter■-, cL4-4,- -1-o L. ,Qk_ J -4's'w-c- n-1-0.---4 c12-Aev,- . Wov ritLA.J.,_. . to t4 -/-G.- S-3:a 7 trb _.4.3-1.Q ? 1-6,,,,) rvu..,,,L, ,..41-uiet,„ ...A ...4.,raz.R ._.,6-,_ c..--vc..,,_,4 __.,,,Itt- c -4:0 10--i-rt- 1,,J-L-1- A-s-,;f2-4 -tiA-.- --4--criR ._e)-e-■ C-.51Ak0-04.7rA 7-F0 2. LtAte,-vs- 06—ea.-- ..-R., YID--2,c, ID .0_3t„., -e.,,,,Q .jd fil2L1--,.._, r.) _26). 45 ---(1-t 101_ ---e,-cv,.) —12..-3 , lbsvo 11-e -ii.,.._ uruJ Lo--,...., a4 / ,. ... , --,)-.-.., 0/...,,...r.A. ...,G, Icr-jeiv i _ , ,- , CA,bal-0,..R 1A°-• -) r 4) -.0. v. ■ .4 .._ _ alb, milwhi..2.% I i ' 0 C.rNA-L1 C-61.--tAAR, er-e—ga. 41) (1"-4- .1-40../&YYLTYX 64-f%42. ,A,..e .---8,-, Gu-v1/4—&--) I _.41.-c--,1) --&- -Lt..,,,te,,,i ? '-k--, '? c, L y- 62f2_ pzit? 601, s - _-0„Ltie -4jt1L4lb-w` -fD otli_eAA-v- l.J . r-=,-a • r r+A-, °6 at„.}.-pLy •s- KODIAK ISLAND BOROUGH UNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 C MIMI\ ITY DEVELOPMENT nEPARTM Public Hearing Item VI-C B IC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 11-003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I-Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I-Industrial This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments must be received by 5 am, August 3, 2010 to be considered by the commission. The commission shall not consider any new information submitted less than fifteen (15) days prior to a regular meeting date (Planning Zoning Bylaws amended June 16, 2010). You may fax your comments to (907) 486-9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The Alaska toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: /7/j4'6'/ i4f4-77A.- Mailing Address: r I? 7_5 g,i p_4-7/ A, Your property description: 2e0,5 fr,/..7-- /1 T ....to ( / 6 e:-..7) •K 4 K. Comments: Ttr1 I 5 ?R-ofcs"---1; i S -zalue-4 4-62- +Lis fr f e S-e. Ti e& I5 Lim t-r-&-D iposWi,"ve- A26,6-77 riV/t/e,9&6 7, W.-14 "at), eTe pliS779ee "9-4cm./ , i,,z- A 0 id/ Cet/S is, 0 ,o £. 63-. COX.171,*Gf4 /A/11-1/ aft/ / <5 C)e C c) KODIAK ISLAND BOROUGH ITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C LIC HEARING NOTICE earmg w1 se held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 11 -003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. 465 Sargent Creek Road I- Industrial / LOCATION: ZONING: This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If judo not wish to testify verbally, you may provide your comment n the space below or in a letter to the Community Development Department. Comments must be received by 5 pm, August 3, 2010 to be considered by the commion.The conunission shall not /rnsider any new iriformatiou submitted less than (15) days prior to a ,fifteen regular meeting date (Planning Zoning By laws amended June 16, 2010). You may fak your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you hays any q sti ns bout the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: \/gym 40/" Mailing Address: f,�+2 d '',:q/ 6'../.`e.-- Your property descri tion: CommComments: % ,�J I / 5 , ,,r /1/, /1/G 44 S40.490' C' CI iai, ��f 9,4"._. ''; 6 ,may rte. yJe A / KODIAK ISLAND BOROUGH TNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C LIC HF,ARING NOTICE AMitiltilieliefinifipiElMIEVOI on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the- BUwuugli Asbt . ' mbers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 11 -003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Detelinination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments must be received by 5 pm, August 3, 2010 to be considered by the commission. The commission shall not consider any new information submitted less than .fifteen (15) days prior to a regular meeting date (Planning Zoning Bylaws amended June 16, 2010). You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Shanna Torgerson Mailing Address: 27o5 Mill Bay Rd Your property description: Block 1 Lot 23 Russian Creek Comments: I wish to voice my support to allow Mr. Zbitnoff to use his industrial property fnr 1Pgal an4 allowed indu r-i J_-n s KODIAK ISLAND BOROUGH ITV DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 AUG -32010 Public Hearing Item VI -C BLIC HEARING NOTICE ublic hearin wits be h ld on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in COMM Ytaw i t .3 ambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island --Borough Manning and oning Commission, to hear comments if any, on the following request: CASE: 11 -003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent request. If you do not Community Development commission. The commission to you because our records indicate you are a property owner /interested party in the area of the wish to testify verbally, you may provide your comments in the space below or in a letter to the Department. Comments must be received -by 5 pm. August 3, 2010 to be considered by the shall not consider any new information submitted less than fifteen (15) days prior to a regular meeting date (Planning Zoning Bylaws amended June 16, 2010). You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this or your appeal rights, please feel free to call us at 486 -9363. request. If youhave any questions about the request ea Your Name: tkvcr 5Vtoc ∎ CDT ► e\ w 6,5 < \eMailingAddress: ►-• 0 00x 3‘ Lii Your property description: Comments: C L`>■SVN \ (C ✓ - A) V 5 5 ∎ c, v. C'r Zlc, - Vv iC'e .5 vppor'N° lb c\NOL J "C)--t S'roNe e -Cs—c Q re �t vv". e ,.; o4 e c.,v-"c c w.: v, cted 5c„ \ 5 0." TL. :5 .L us -tri %\ 1 %,e. .9 v.r u S.e of t..e,Q uS'Tr`\\ Qr& &rr`r j i 5 e )rccx-`\f TVKTT ` ..- v, vs'tr< <\ V SeSQ ,,,av5Tr \,...\ vroter'cri ::r)�� Coe32 \(Ac S. 5 ■� r-e\ <Tvet/ 5L 5 LTP\NI .1 `to N'Lf cXfIT,' vv.-cy--\-- c). 4- '0,-,..e. \ . s c 1e•eS5 C lnv.,uti.■\ G•■-•cQ A-Le e coy -.0w•y • v\ s-2 v,ercio Me v\ ek bus :,r.e55 p- er'Sovx V-• (.5 �'L.e 6p(x rTv,n�j �© �c\Le, ,k-)5-e c-k- 1L-e, p ,roi y �.,-.17' - L-el \e‘kx.ie it-cv-e 1., chi .Q "( ' `Xe 4 OVN 1 *\- € k (%i-,•7 .0-..-6r -er" \s5 yr •-t.'11 5 "`'e fry', ECEDVE COMMUNITY DEVELOPMENT DIIAK ISLAND 10 {1sUGH TAY DEVELOMENT Ii EPA .° TM: NT 7O•Mill 13ay Road, Kodiak, Alaska 99615 HE ills 1\ public.l-Iearin, Item VI-C NOTIC A public: hearing Will be held on Wednesday, August 18; :2010. The meeting' uri1l begin at 7:3.0 p.m: iii the Borough Assembly :.Chambers, 710 Mill Bay 'Road, Kodiak, Alaska, before the Kodiak- Island Borough Planning:: and Zoning Commission; to hear comments if any on-the folldwing request: 11 -003 APPLICANT: John- Zbitnoff REQUEST: A Similar Use Detennination, according to KIBC 17:15, 0904, to allow the' storage- of: petroleum :contaminated soil.for the purpose of ADEC approved ,treatment, as a: use that is similar in character and impact to permitted or conditional. uses: in the I- industrial zone; including- Asphalt Batch and Mixing _Plant,, Manufacturing: or-Refining (KI13C 1:7.105.010:0) or; Petroleum or Flanithable Liquid Production, Refilling or Storage (K1BC 17 105;020.F), the latter use -would also require a conditional use, permit, (CUP) review -if approved.as a similar use by the -coliiniission. 465 Sargent Creek Road I- Industrial . LOCATION: ZONING . This nonce is being sent to. you because our records indicate you. are a property owner /interested party in the ;area` of the request. If- yoti•- do not Wish to testify verbally; you may provide your comments in the space below or in a.le ter to the Commtiriity :Development Department.: C ►nimuents must be received by 5 'p "m. Almost. 3.,201' to be Considered hi= the commission. The commission shall -rot consider any new iiifirtnrtui,: srthnritttud less than :fifteen (15) duys` prior to U rcymulur Meeting eftae (Planing Zoning B lan.s amended .hine l.(. 2010). You may fax your comments' to (997) 486 =9396. To testify via teiephone, please call -fin your continents during. the appropriate public hearing' section of the meeting., The local call: in- telephone- nnmmiber is '486 -3231. The.Aiaska toll free telephone nine ber "is 1- 800 - 478 -5736. One-week prior to the regular' meeting on Wednesday, August 11, 2010, a work session will be_ held at 7 :30 p.m. in the Kodiak`Island Borough Conference Room (11121), to review the packet material for the case: Kodiak Islaand`Borough Code provides you with specitic, appeal:rights if you disagree with the Commission's decision on this request. It you4have:any questions about the request or your appeal rights, please- feel free :to call us at 486 -936-3. • Your iNiamc: 696ral'∎ 6064 et th { 1 �r��[Tj (oej C �1 Maitiag Address: 3011 5)Vi,(.c6 C i (� 3'eur propert%'- description: I f 16(i) (Q _S. ' u Sl.i c(4 - Cv eQ k, "v � comments: - -/ 0 ) ( 1 _ 3 - { T - B2Lls. Ftbf p vopefFif bWy,ek Vt% : o 19ose, -1h . tv ?sect Use 0,F % -f- 5�r 1 .cre.eJC evt:trav, .Ckr: Ce 5Tvts .a os�h'dr- imc1q.ct po 1-cv0-c0.l", 6 6 i cicks5( Iry 5:911 oko D (-f 0 C Tax( (A S Uhi'o 5CZ VYUnrt 5t tree k?^ G i c{ (Avis i o GI 1-1A1 A..L 'Cana .o(4 9c65t\ o t=ars ot[,c_ct sot( hRs poFcviba1 1 .hctVr kcal - re(I dct'.13 04, lniktk vfe, lic aF.att, -w F -Ft e, lail't &LS vuo a( -� fie., rnl�Gtc cT rC Cawh/ri S oveV -5111 1-11_ o (- Sact, e. cteaVdYS aVC, D f r no F t ij ova I tbcf avivi at c td t 4S. pto ccGu. 1 f 1,4/ 61,1 o(• _ 19-e a vtVi, tot CC. e sal D-0.1 IC.. -f c . _1''1f/ Ca►rW�e►Z(�11 Su.ost 5 f r _ ke, t -matt t `I h o►1'1 1nottl_r (-L, OF- fpnt 41f tS -t k . 92te CJ L7 kp ..a ou c,lvs pre tkbwhdb&t aiw( recre t- i fa Cale . - - .- -7,-- --==70.,::!---,77-1;- ..,... ..-...orx,.....-?.;‘, -211%.27,-,c,-,p _ ..1412".4-7‘.:jr7NS:-..P..741:'°-•0'7.4j1-F'f I the,Soidu Asseinbly Charnber,; 710 Mill Bay Road, Kodi*, Alaska,- beforokthe Kodiak Island , 1 Borough Plannin- g and Zoning; niiiiSsiori;Ao liear,conniieritS ifariy; on r T011oWhig lequeSt: CASE:, 11-003. APPLICANT: John Zbitnoff QUEST: A Similar Use Determination, accorcling-toKIBC 17.15, 090 A, to allow the storage of petroleurn.contaminated:soil for the purpose of ADEC approved treatment, as a-use-ttbat is similar in character and impact to permitted. or -conditional uses m the OndUStrial 2011P.; including Asphalt Batch and Mixing Plant, Nilanufactuling or fkOfining, (KIBC 17.105.010:C) :Ok, Petroleum or Flammable Liquid Production, Refining or Storage (103C 11.105..020:F), the latter use reilnire_ a conditional use permit (CUP) reirieui if. approved AS .a Similar use by the:coininiSSIOn. LOCATION ; 405 Suitent-Creek Road ,ZONING: I-Industrial This notice is being - sent .to: you because ourrecords indicate yOti are a 'property ,b37,4iner/intereSted laity in theateaf,of-the retipest, 'If you do not Wish: to testify verbally; you may provide your ,comment k iti the space 'below or a;:letter-toqhe (OrinriiinitY,DeVelOprrient Departtnein. Comments intist-he received ' by 5' Diu. Autzii:st 3,201.0- fo-be considered bv- the contissidn. 7,7u: commisSinit Anil -run enn.viiler:a4 new infOrnuilion,:yulnniged le..than'fifteen-(15)...digig priar:f.a.:-a regular meeting .di& (Plcanting% Zoning:.Bjlaws amended .Inne 16,2010) . You may fa yoiii--:cOnitfients to (907) 486-9396. TO testify IAA telephone, trleae-tall*your tainakigs-duiiinglhe appropriate ltkbilie hearligSectian:kif the meeting The likat Ca:111-in,feletdiaiiesimmbetIS 486,3231: TliCAlaska toriiie telephone Ouliab&ISA-800,478;5736: . one :week prior to the regular meeting- .on 'Wednesday August 1.1, 2016, a work session, will be held at I:310 p-.m: in the KodiakIslantflitorongh CoOercncelzoom (#12 I); to review the.packet•materiat'forthe'case. . , Kodiak Island Borough Code tn-dvides you with :specific appeal rights if you di.agree with 1110;c0iiini§:mari's decision On-t1)1 reqnest: Ifyou have any gneStiOns'abonillie reque0 Or'300i;a0f*al rights, please-Seel 'free:to 'call us.ht-486-:9363. You ul■ffayi c:Ati-CIA, c it 0 CAACGO01;1(‘- -Mailin.,Athiress- I12-06 We- 1P-14,Z...C.4. 11-0"V- Your p piopeity.okription: 40 fra.cAivtAA 1.0 rA_I--:)--tct c, ~(4-zCke-cSC-14\ li-ve p px_A--trZe.),1\ A .-0^.4'; ) 0 vv‘vy ., .._,, ...._ ...., rN.e.,--k- " ' ve; sc. -1/4--- } • 1/412.....11rull dr :IS awC ■ Elf (NA _.'- -se.,.-x--- +\(-. ),,,9-12._,_- cLAO eo-ek 1 -)6 -0(t,to-- pi2-c\nr■-i-- 6c;%\ ve..v\i•-k_c; ‘ • k--;-0---(1 m ‘,.-._ co ©n 4- 1 lvwd— `-+-- rtA s rt "C7 i 1 , - c qc • rk4 t v ( i •(--)v. • r , , /TY r , CEllY AUG -32010 COMMUNITY DEVELOPMENT DEPARTMENT KODIAK ISLAND BO N OUGII • COMMUNITY DIEVELIPMENT -/).PrA 710 Mill Bay Road, _Kodiak, Alaska 99615 TMENT Public Hearing Item VI-C ApUblic heating will beheld On Wednesday, Augtist-18, 2010: The Meeting Will begiii.,at '7:30 p-InOri the Borough Assembly Chambers, 710 Mill Bay Road, KOdiak, Alaska, before the Kodiak Island Borough Planning and Zoning ,CcirrirniSSiOn; to hear comments if any on the CASE: APPLI(ANT. 11-003. John Zbitnoff §e_Determination, aceording-to KIBC 090.A, to allow the storage of ontaminated soil for the purpose of APEC,approyed treatment; as a use that character and impact to permitted or conditional uses m the I-Industrial mg Asphalt Batch and Mixing Plant, Manufachning or Refining (KIK _ 0 C) or, Petroleum or laminable Liquid Production, Refining or Storage 17. the latter use would also require a conditional use permit (CUP) COMMUNITY DEVELOPMMICEIWratfi proved as a' Similar use by tliecorinisSidri. L _ .Creek Road ZONING: - This notice is being sent to you because our records indicate you are a proPerty -Owner/interestdd.party in the'.areeof the request : if you do not Wish: to: testify verbally; you may .provide your Cointnehts in the Spate below or 'w ,letter- to the Community Development Departibent. Comments -must be reeeived by 5 Dbl. August _1 2010 to he -considered bv the commissiOn. The commission: shalrilor consider any yew infoimation sabinifted tesi; than Riee4 (I.5) (laYS pridit:to ir. cIihir ineethig date (Planning "liazi4,41.8y1a)r, aatended Jung 16,.-2010). You may fax your comments to (99.7) 48649396. To testify .via telephone, plea-Se-CM in-Your cbittinents'ditring:the.iipitoOtiate publid'hearitig,s'ection of the Meeting .-The Ideal callt4nleleOlhoine,numbeirN 48023.1. The-AlatIta toll free telerilioiie.numberigl-800.418.7.$730:., . Ong: week prior to -the regular mccting,r. on Wednesday, August 11, 2010 ., a work session Will be held at 7:30.-rplm. in the Kodiak Island Borough Conference Roon,(f01), to review the packet rnaterialfOrthe case: Kodiak Island Borough Code-prOvides you with specific appeal rights if :you :disagree with the Commission's decision onthis reiuest. If you have any questions about the request "oryout:appeal righN,-pleasefeel free to :call us at 486-.9363: Your Narne: i, e 11 ..) _ iviamingAddress: 111 U. Your foiciiierty*kription: 1?-12"1"6347 h -e_AA-1,- 2_ 44_ conithemk - Tko pe) 6 ; 5 JO ES- 4.-- ,,,,:e) I 1 -,4,-.4.. ii--,,i-to 1-, , . . ' C O' Pl'• .14--- r . . , . . - , August 3,2010 Dear Borough Assembly, It seems an old can of worms is being reopened in our neighborhood. We are against any type of contaminated soil operations in our neighborhood. When Brechan leased their property years back for soil remediation this community made it very clear it was not wanted, we went to great lenghths to stop it,and we did! Aside from all the obvious reasons that we are against this, you should be aware that last fall when we had heavy rains the entire lot in question was underwater. If there was a mound of contaminated soil under a tent type enclosure during heavy rain on this lot,that soil is going to end up in the Russian River. Thank you for reading our comments. We trust that our Borough Assembly will deny a permit for soil remediation in a community that we have lived in for over 25 years. Sincerely, ?-d1/21J-eke Mark&Joan Levenson ECEllYIET AUG -32010 COMMUNITY DEVELOPMENT DEPARTMENT MAK ISLAND BO ()UGH Y DEVE L4PM ,+ NT DEPA "TMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public_ Hearin Item VI -C L t *? t COMMUNITY DEVELOPMENT �) 1 T IC i s EARING 1 1 TICF A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m., in the Borough Assembly Chambers, 710 Mill Bay .Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any on the following request: CASTE: APPLICANT: REQUEST: 11-003 - John Zbitnoff A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Iridt.-tstrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC .17.105.020.F), the latter use would also require a conditional use permit. (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property 'owner /interested party in the area of thei request. If you do not wish to. testify verbally, you may provide your comments in the space below or in a- letter to the Community Development Department. Comments .must be received by ; prn. August 3. 2010. to be considered by -the commission. The cotltoziS.Slott.shall not consider any !W)B information sllb mitied less than fifteen (15)- 'days prior to it regular meeting date (Planning Ionln., Bylaws amended .hole lei,. 2010). You may fax your comments to (907) 456 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486.3231. The Alaska toll free telephone number is 1-800-478-5736. nnc week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak- Island Borough Confcrcncc -Room (1121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions bout the request or your appeal rights, please-feel frre e.. to call us -at 486- 9363. Your Name: t . « A Oul A. V Mailing Address: 'ow/ tiV U r ° l V n) 5A1. ' Your property description: l'(lir is 6-Y\ t'1 tOt 1!" OVI Comments: I ir 7 Qi 11 �� — % 4 �it ! I A kiN) MEISIMPIMIli v�sl • ' 4 nA ( .Yo. W sma . 1 .0U . WiTvvide,5 , FI ) 1-k VA EV.K I anAl{ . A( chirt, ot isv _4 ro ytiQ P \Vvr5 a AAA VkA V Y 47 tf .-' k \f C t/w rat/ Dom- f e S er4 5 ij\A& o Y to-Vitt i c l - ` P t r U 1 r . / vt . 45 ' I iii - vt ickt \0 GO-e_ S kCA■ a o \AI 1 ;o & Y:1_. Ok. 11 � 1 l '1(OYI. LA , LA L ,it.. LA 1 t! `' l _r �r f, ff. E C co 110\1 AUG - 3 2010 IIAK ISLAND 0 •UGH TY DEVELOPMENT DEPA TMENT 710 Mill Bay Road, Kodiak, Alaska .99615 reWimirry nrvrioPMEN1 WWI t MENI „ 4-Pu on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning COMMiSSi011; to hear comments if any, on the following request: IC HEA 11I) \ \ \ Public Hearing Item VI-C G N TICE CASE: 11-003 APPLICANT: John Zhitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated, soil for the purpose of ADEC approved treatment, as a use that is similar in character and impadt to permitted or conditional Uses in the I-Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, P'etroleuin or Flainmable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a Similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I-Industrial ' is notice is being sent to you because our records indicate you are a property owner/interested party in the-area of thel request. if you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments must he. received by 5 tn. AllgtINi '3.-2010, to he considered by the c ' mission. The commission shall not consider any new information submitted less than fifteen (15) days prior to a .agulatLatecting-dat,f--(421il-wang :e.:oiting P,lifil-W-arifetideel-itune 46. 20-1-0).--Y-ou-may-fax--youNcomments'to (907)-486-9396, To testify via telephone, please call in your comments during the.appropriate public hearing section of the meeting. The locat telephone number is 486-3231. The Alaska toll free telephone number is 1-800-47875736. . Onc week prior to -the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (11121), to review the packet material for the case. : Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request ryour appeal rights, pleasefeel free.to call usat 486-9363. Your Name: 11 1�I n ail91,7 Mailing Address: :31 V " Is VIA We, . . Your property description: AA' 1 bt b6161/1 WO 171 Falrelli5 Oil Solerrin F-1455.0 Vi (Nee v- 64.4- Comments: 1 VIOVVC, 19€0111 at iA (i) VI r ‹-Adovitof DeA4s -F1A-1- Val oili;lk do vat i)ive ell. 9ovVlovit Crec*- 1 be/wove-Med- as k--- wevmve., 1?7t7vt1 eel/Neva/1444 ij Wle/1/Y1 low-114A (c-:, 5 11(4 (-evy-e44.-- -h vute. fivcr met fovovicst 1 woviict k k to .arifes 1-114 1 ew"- vi otlowisi cii IfOinel-re,kci-N914, 191 alA4A/1 illearic . t b.C.1,iO4/c. 1144 t di/MAMA) Wf"-M-- (8141.01/04444 (7t.1-ral tiii 1 -ji 5 61/14 i inkievtotAit f SS KC- Thal 0/1/1/15f 1?-c/ et/A I t IN i flel OW01 A_ vavvokatapt- p-vbees9 5,..miiii.s- 111 fmn eRtiv& vutinal -il 6(6 SO . RVIMOVO 1 1 1 PIVWI, 6-cit/iov-e_ ) -- lint 0.it to qin.ehoiA i5 not ma obyptcbmelk sl fo eto I i . 11 P4 ° A IAA Li --. ii. • -/ t ti..i , ' sat .. if Il• A4- a 1 1 , ...1 _.4_ 11 ' r , , Vir IU . VS % £ I . 1 4 I I M(' d 11. iii _ , v11 / al4 vecvea ti, alinvicAtiotA c TAAVI/i& AM/9z linett t;v1 i4e6 oin. S A. povtii4 Aon'kt I Fr( t1(14 -11a• PovviAeti-iov- Fvuvrotzat fo at rv° evvv cavvverlimot ovel, ovvi mow- ovv.ol Thz it/144o *p? 4-k wc- j p-WitYvit AfrActiPPAA- A4) Ve_A Aro/yea-1: F61/ s V t \-r_A/1 -0Ve- s k oviVI Kerr AMA:7W 17(-114/144, Ve/ rAm.tzdi ,Amt atett.the- vvowvedvfs 17 eovvvvvIAAitivii-vi as a wlao vvirteArt cowciide-AnActi FvtM ti(vrc 7otrA4 k aAw ve,11 imicd/r 11A at his wevs 01A, cI crefilt 5eittot ?I/brit WV1,-4(G VIZ/K- -1-1/1, 124 -trA4-Ked -tw lama( cAAliot t/ii vvotA ffEct Vt Vt4 . ty(A/wt; r 1 cy ,V&V‘ W VylotA(S w in ett;4401 6-(eowie-- oh tvt.e, 1 A.1401 owto( • Wr6- 11A-& kvuvvvtam-) 1A agigtot, ;eavv 1-i c_s c-vxmlotAAA k11/r-e f 6,01/1 ove_ -1- 'DeV0vte KzeAS cOnSrioteiva move, AA' VT-Nit 1 aliVIAn w i Th egvwwwvim fi c OV dA; (/1A.e,cA evt, 4412S rinfitit awist- atft i1/65 6 tnnat „ k covt,s,foteAt- APA tnAl CavvvVvvAilt an4-0( eavv1/144-eAtti" vvva ktAatAl Cowuvvwvrt 1-V VvvAAA-A/C ,01-S WO' e ttA/iS ?civvvvit Airr" e2LAM (z)ms'iA.elv tovvot ot in a AvvveL.0 emvi vavivvvevIt as Woo VIO 101/014-044' WI vt, Msc, fevi(4-- irc°' Vr/v VIIV-."1/111(64 +0 eActs/t/tive_ 2141Q1/ -c. ti-novvieoto:y2- wl 7171r1 AAA Ge-A7 wvc vosioos od_eovvi CCW- r KODIA K ISLAND i ; ;ROUGH ITY DEVELOPMENT DEt IPA '' TMIENT 710 Mill Bay Road, Kodiak. Alaska 99615 Public Hearing Item VI -C G NOTICE esday, August 18, 2030. The meeting. will begin at 7:30 p.m. in Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any. 'on the following request: CASE: U1I -003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of AEC approved treatment, as a use that is similar in character and impact to permitted or conditional _uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Reining (KIBC Petroleum or, Petroleu or Flammable Liquid Production,, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally,, you may provide your comments in the space below or in a letter to the Community Development Department. f:nmments must -tie received. hr 5 pm. Ali ust:3. 2010 to be .considered by the comtnission. The corrtmivsion shall not consider any new information submitted less than fifrcCn (15) days prior r(; a; to (907) 486 -9396. of the meeting_ The held at 7:30 p.m. in the decision on this' at 486-9_ 63. �J (� l , �'V 7qt r regular meeting dare (Planning Zoning Bylaws amended .lane 16, 2010). You may fax your comments To testify via telephone; please call in your comments. during the appropriate public hearing section local call -in telephone number is 486 - 3231.. The Alaska toll free telephone number is 1-800-478;5736. One week prior to the regular meeting_ on Wednesday, August II, 2010. a work session will be Kodiak Island Borough.Conference Room (#121), to review the packet material for the case. Kodiak Island. Borough Code provides you with specific appeal rights if you disagree with the Commission's request If you have any uestions about the request or your appeal rights, please feel free to call us �/� o+� Your Nsmcr L t _ it . �a_ 'b • Mailit� , Address: Q riO I .1 Your property description: O .stn ?t3 t P(Y,C}� �► -/ Comments: •K1 1 ...leis': _ w v 1 -• ,Dv w: r ♦ I" • Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 August 2, 2010 To Whom It May Concern; Please reference your CASE # 11 -003. Please be advised that I adamantly oppose the "storage" of contaminated soil to be placed at 465 Sargent Creek Road. It seems preposterous to me that the Borough would even consider storage of contaminated soils so close to an anadromous river and the tributaries behind the proposed site. Can the 100 foot distance from a river be ignored by those that don't feel they have to follow the rules the rest of us do? What happens to the stored soil when the river and tributaries overflow their banks during fall, winter spring, and summer storms? I have seen the road in front of 465 Sargent Creek Road under water several times, during some of our heavy storms due to Nature's unpredictable whims. The contaminated soil will wash into flooding water, whether it is rainwater on the road, the flooded river, or the tributaries. How does the Borough propose to prevent that occurrence? The Borough has property in town. Why not use it for the contaminated soil storage site? Our community seems to be the Borough's choice for activities that threaten our rivers, streams, aquifers, and wildlife. Industry should not be allowed to creep in and continue to grow in an established residential community. Respectfully submitted, Nancy Ktacke P.O. Box 2013 Kodiak, Alaska 99615 KOBUK 1SLAN ;OROUGH 4. „ $ . on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in • the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: ITY DEVEL*PMENT DEPA TMENT 710 Mill Bay Road, Kodiak, Alaska .99615 Public Hearing Item VI-C LTC HEA ' G N • TICE CASE: 11-003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or condition-al uses in the 1-Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I-Industrial . . This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in .a letter to the Community Development Department. Coniments must he received bv 5 in. August 3.-2010 to he considered bv the commission. The commission shall not consider any new information submitted less than fifteen (15) days prior to a regular meeting dare (Planning Zoning .Bylaws amended June 16, 2010). You may fax your comments to (907) 486-9396. To testify .via telephone, please call in your comments during the appropriate public hearing section of the meeting. The al call-in- telephOne number is 486-3231. The Alaska toll free telephone number is 1-800-478-5736. • One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (0121), to review the-packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If-you have any questions about the request Or your appeal rights, please feel free to call us at 486-9363. Your Nam :e111 SYn f+e" - Mailing Address: Bo— 1 ..3 - kgi20.73-110 • Your property description: 7x k,.... ures-ir 44 --itte ntenciA 4 P—v-ssform- Per _ If Comments: .1-Z/ IL. eva3 A- '/&.e eLe - M 4 1 .1,1. _ •144._. ' l A • JilirttalW • r rj IF , .,..7 . )1,4-0 )U-1 ( beiti- • If Alrf lizz cj .:- _ , , . A4----te-e- 44-14-e,_ fro di, , A . 1 ' i ■ IIIL._.' (A-- . • . a—Z/14-0–K 1•1111--Dfl_. . i g . , Al I . 41" - PI- Ard.L.'. ...4.411rianr:-. 10-010 Is 4...6 *Y' , 4 '1 . id, f 1 1 I • / 1• August 2, 2010 To Whom it May Concern, We are opposed to John Zbitnoff's request for storing contaminated soil at his 465 Sargent Creek adress. We would like to see the K.I.B. find a location that is not near a residential area or 2 salmon streams to locate contaminated soil. We would like to suggest the possibility of storing the contaminated soil at the current K.I.B. dump site and then use it in the future for coverage at the dump. Because contaminated soil seems to be a problem that is not going to go away anytime soon, we would like to see the Boro find a location and designate it for this purpose only. If the dump site is not the way to go, then we feel the boro needs to assign a specific piece of bora owned property for this use . Sincerely, m Rippey, Cathy Wilson 4 -9700 TECEIVE IA AUG - 3 2010 COMMUNITY DEVELOPMENT DEPARTMENT August 2, 2010 Kodiak Island Borough Planning and Zoning Commission 710 Mill Bay Rd Kodiak, AK 99615 Re: Case 11 -003, John Zbitnoff Commissioners: I am opposed to the use of the lot at 465 Sargent Creek Rd as a storage site for contaminated soil. That site is located in the flood plain of 2 highly productive salmon streams, Russian River and Sargent Creek. If somehow, a liner would stop contaminants from leaking out the bottom, nothing would stop them from rising to the surface during major floods. Our fish runs could be devastated by seemingly minor leaks. A convenient location is no reason to put our natural resources at risk. The proposed use is distinctly dissimilar to storage of petroleum products in tanks where leaks are much less likely to occur. Leaks from contaminated soil storage may also affect the neighborhood around the site. The proposed activity is within a mile of dozens of residential water systems. In addition to risking the health and welfare of the residents by parking .contaminants on their doorstep, the KIB could be open to liability issues if problems did occur. Again, the proposed use is dissimilar to the asphalt plant, where groundwater contamination is much less likely. Thank you for your consideration. Dave Jackson 11248 Kalsin Dr. Kodiak, AK 99615 Lot 1E, Block 2, Bells Flats Subdivision E C f 0 V E AUG - 3 2010 COMMUNITY DEVELOPMENT DEPARTMENT KODIAK ISLAND BO .c )UGH Cc1;IV1 MUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C PU :.t LIC HEARING N TICF, A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 P.M. in the Borough Assembly .Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASTE: 11 -003 APPLICANT: John Zbitnoff .0 e Determination, according to KIBC 17.15, 090.A, to allow the storage of ' laminated soil for the purpose of ADEC approved treatment, as a use that s s• mila itaracter and impact to permitted or conditional uses in the I- Industrial AUG - t':1ei`J in d g Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 1 T.tI 5.0 or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 1 .1051020.F), the latter use would also require . a conditional use permii.(CUP) COMMUNITY DEVELOPIViR'aaloved as a similar use by the commission. LOCM 1 N —4 3-Sar nt -Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested parry in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community. Development Department. Comments must be received b-v 3 pm. Auejst 3, 2010 to he considered by the commission. The coo n is.vion shall not consider any new irafurnurtion .submitted less than fifteen (15) dcJ's prior to a regular meeting date (Planning Zoning Bylaws amended June 16. 2010). You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#1.21), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free. to call us at 486 -9363. Your Name: r i 1C r ALA 5" Z t. ''' ''''s• Address: III y7 c :411 4 s go,v p ,- r� �maiting Your property description: - F'- e,,,..t s I (� ((e 5 /GV i.e. Ct e Comments: - Call eeer. -.cZ:7/' Y-11- t f 4 cvtn ;I4 4redi 56i1 11�1�i4'c 5 °k'- q' -eee✓t 0 JG lI�© 9pel WN 'l�ty Q:✓w'S . L-zs i '4 /1// kP j(DrwAi /at el era (�/ Lrazee f GU lt► `c. k 00,4 IC( !2a tie h e - r' irSic�I . 1tK A s 1 '.•t` ' I % 0dd1 Ile -t:0e+ [�i jitfG,./C( �S?/`�. 'f 4, is ✓`eel -/,6� v i 11Y+c1� i 1-4-e- Cc-✓-e ■ 1.S -" trre.e,•ok.Jc -( b fe5'lt_eri 1-5 %t)to rrc rce-: 7L-t`- Rea ./ b 4lot , — (� • • P QMMUNIN D LoPMENT DEPARTMEWT • Dear Whomever I know you can't count these as written statements exactly but since I kept them for 7 yrs I thought you could at the very least take into account all the people who helped us in our effort to keep our families safe and our property values intact. These are the signature sheets from the Brechan dirt burning fiasco. Submitted by Rose Cobis ECEOW AUG - 3 2010 COMMUNEIY DEVELOPMENT DEPARTMENT 8/3/2010 WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil rsmediation site in our residential neighborhood as well as the faulty decision making process that led to this situation. NAME ADDRESS PHONE # 1 -ggqo t ∎,SVtkrt7 815� aA 4t [ 'Y1t7 \7S �G 1� - A W GAGzureievfev ! z gam( / Nc /,/ J S� kb.% e rt r .r.ZiS6 .AIoc&, Pr • or 1 a Motion //0.20 Gf a 4 . iR" Qt 4 49 % 10(1 GAS << ci 7070 Li- B C., 3$7B tk'7 -L viii -2g j L - Z:`7'6.3 7-2341 341 WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediation site in our residential neighborhood as well as the faulty decision making process that led to this situation. NAME ADDRESS PHONE # 0Z1L filtLCAET 1-C) hoc tr �c- `1 mod, ` r '7- Li 11371 S R c.;,S 4 7eci 6k 'i9 4V- tig3{�, ,rref'6 1137 / s. pl uc(`r`0 -, ri/ Z 47 -/ s 7-1 IIt c; Late or`k �r r//9 4, 9' e_4lar Aka ,Pd G PO W.2 7 73 c,ilue , ' G ∎ at-t AI OrN, ► SS i 1?I� • • A. .► /AZ,' 7 4 1.1 MielfAV fi0 y { 4 a.- i Os� Wa .. . +/ _l. Lib 1110 1-- r6 • - Sc�� Gr7� y3bv ra Ty 1. E /*fri S 240 A mss- -228 �1 tee, •.i 1r • l,� ) 5 g go' ts- �C /1 f ♦/ t'�J WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediation site in our residential neighborhood as well as the faulty decision making process that led to this situation. NAME ADDRESS Yi i7t_AA r(�,��e_�P =- ti uAvAlteeP Inc Pa k cLcksor. /t/ 01-f1 4- (-.1E-181?-00 LC /I7i ci/AFL b J tLci -ht- . Sctre,,i rn tk1e� r3 � ,4,L172 4-c/A. ci (Ji • expoditc. /jv /7117 ) i c -t- 15-15 11 (c %)rte. C.rxc' . L!8 7 d-3 9 kit (AWL loot_ u0) -a7&S 11 rJ (�,r�, /r ,t n 1 .`) �} -4`�f/ -13 /.z r7 S, /Ce.ss,w�.: (�r-k c 4s -slag,/ cis Sa.iz..1 G.. e / O $O • C IF - 25c L g} -03(05 gL -22L?3 ? f<S K7 -y525 re rr 13006 N oaf,` d,,,. / k'35 /44c '69 A Sc; rArCssztk:Tr4, NOM ': /04, 707 -if r 0,Sd7 90 ckh1 -"AR- I-D/bj 9:e y V97 X 5 L _y 1(5,3 mndrile off- 4-- ,271 /V o An (1, WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediation site in • 'al neighborhood NAME ADDRESS bpio 600dp itie6 U s t'ah . fof 9,0.69-4-±s Pc-kc-vt- co, Cy 1c Al///- .19 4f7 "> 7� et 1 c / -7 2(3- PHONE # 47� �7o Fra✓► s a-I,es arch / ' ?ter al/\_ SAv, ([-v sc c, l I ' o 111 �.�. 010 (C` Ai ccrzi /Af' af �s go it GtSh a rclP� m:441 e 643 . 3 A6-$r ICYi o 3C-.c sr vas 1222 Z do C CoMniro o%t P -6 &) 17g, n© e S F lock 5 !- Po3vx1aa /g%o -a-3 y c(C(Z 33 40-7-)_ 75 L119 L7 1c6 LM( ovS 7 /ice /NUS k'1 l f €L /)4' 7 )976-1` I/D75700 AS e'r 1/0(5 i„)01-/ f,d5 %3 %l'ioo 64lI al o 5 3 Ka1 , 7 -z ( 7 7 -z q -a7-71 WE THE PEOPLE, of the. Kodiak Island Borough protest the operation and location of a contaminated soil remediation site in our residential neighborhood as well as the faulty decision making process that led to this situatiOn. DRESS PHONE # 411110MR r.di.110.111 ;111i1111•111111111111r I / 21)1 Ked: 11>, 7 b6-( 9 a- s' 23't %7 If' (6-4 z_ ,O7-t$(/ o(e. 4k9 PO, ■.c.ie 3994 10b16(< 6 36 a 7 f‘aity 11477 ,e,,,,„74 $3J0 S.'-( t.C7 011/C. z/e. a 7 5 WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediatian site in our residential neighborhood as well as the faulty decision making process that led to this situation. N ADDRESS PHONE # 6 am P J ups. J4 - e �fl[: �L!(1 1� Vr cif � - 2J 3\ 35(31 D.P0-1' (a SNt Ka re ev 1S A/1'1(1 I(( e- a - k jel Mane &. 37 ("JDrt AJs 3a I Z'719 �8�h I,rNf s. s+S(a,,t rie. i - 7-20 6 570 -L12x2s WE THE PEOPLE, of the Kodiak Island Borough protestthe operation S c and location of a contaminated son remediation site in our residential neighborhood as well as the faulty decision making process that led to this situation. • NAME ADDRESS PHONE N ca-f r4/i7 Las( P-0 ece: kliz /64, EVE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil re,nediation site in our residential neighborhood as well as the faulty decision mating process that led to this situations NAME p -7 Cu,Mr►iSk..Q1 ru(k i Dav ttiq . /vide,. Soh ADDRESS PHONE # AoX L/ /I )3 ' got '-):7/6 /66'5".‘/C .-r5L fires - z �ovDL �fd2 —1-1 QL 2-� /1 ZK (?) 14.0.4 / r s i"f - 2-3 L•, � ICS�C�L� i rL.C' �L 75 T7, 4446 1 _ z S ° 11239 MN) e (F.oi3os2o3( 'k'7- c17aD P o a ox t o'. a 3 L 'IIPPSNI Io)c'Zo� /3?) [113'f MINA( 8 -' lj2 4'J eire1 4 - rpoSVIV 1 H32 L(tk eihm0 frC,k T ?�G /a:T0tp5\f cGo C` or C ti 4 ff ill V67-9700 8 Cf r1 -1907 ;14- LA11-1, -1i‘n1 a� WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediation site in our residential neighborhood as well as the faulty decision making process that led to this situatiOn. NAME ADDRESS .0. (aLo Tck PHONE # dtrsoil /22 ( i c_oirrk 0/' 141 '7 .-7 Coe he)AirICISOY) ia9-6-7 KutsGay, Lop 9 AY cr TIT .4-.. , _ - ■. .. e. mu 6 4 kk, i teLk rk,‹_()n444 > 6-6-/Sr) 079',1 /14 149eilfie, jive) 4/e7-azy • ve7 `2 LI II.A ‘s 1 y Ii-v\1■/,EiZ ifk C-- /14 , cl?Wkoi ) tr/fi ms--gq el/74* Es 7' I-(-10 7) r_jA/A---1-0 /13 to ti) a m cAtc 41111-y7D/6 , 1(3'7 - II99.0 Pal,,,c IJAA 50- 112,0 S. - Crtac--- R_.4 --1- 4-463- CSDol'wNo L.A Cs 1K 2 /OZS • 11113 Le:AA C-, ' 1 PVII0 AI,- ) [(19-1, Luerpc oru..t . .-- -Z„ 24 --7 Piztie--CCs4ri-lee4-15V 15c- f5' • #-- 1(.33_5_ WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediation site in our residential neighborhood as well as the faulty decision making process that led to this situation. AME i'6 v e 5 ! ()Y- it.,i/ ADDRESS PHONE # Z SIG i23? 6-74'2 A? e2-- J233g / r) tAlwae. his t 61; WE THE PEOPLE, of the Kodiak Island Borough protest the operation 1- and location of a contaminated soil remediation site in our residential neighborhood as well as the faulty decision making process that led to this situaddn. NAME F tirri Jt , SUSAN'. CC° IV, ADDRESS PHONE # 104 a- 4-4go 12+ la-Yaq a2igQ0, Loop 13 I? - IR it i7uL4 17E - atf - • 1 6, 11■11111•411.111r• 5irsvara....■•■. WE THE PEOPLE, of tbs Kodiak bhmd Borough protest the operation and location of a contaminated son remediation site in OUT residential neighborhood as well as the faulty decision maldng process that led to this situatidn. NAME ADDRESS PHONE 'Cif b MCMPLIc44( Cif 141C-t tvioi s fqGo 0-6, t :57 1AR1 t_ Hz) C r• 111:11111-FP-P....", 4 2 I._ tat 101121111K I a ry-c, tit kei r 2- co, 4_007 if t . //'"" 7 2 574 rr;,,-,•' c**77r. 12FP 44c/./4 1, Z • 737 j. 7— _, .41 0.:,/■,( 1P • VoX 4v41- WE THE PEOPLE, of the Kodiak Island Borough protest the operation and location of a contaminated soil remediadon site in our residential neighborhood as well as the faulty decision making proems that,led to this situation. ?L' r 5,dida_ 121-10j, a.6 L.) k c ilAt'Avg5L 4r.e; . • 44 fikir io _Ad 6; Kc; 27,6-A-La AL__ 7-- .1 VK,4t-8- Lo 00 71 " er , 0 --V fir4M101// 110 ‘11. --/4 1 _ ,6-2' sgaz_/ 70 6- &ra. b iZ r T • IP- s6i. • THE PEOPI*, of the Kodiak Ja and location as iontaininatad If neighbOrhood u well as the fim1ty this *potation. N AD est the °petition Vi in par reSideqinl prociess that kd to 510 P ONE fin ezzi /9/' (-) , D\e‘Ckit le 2- 316 va 7■> :r> 7 02.2_. - Pi gct a kr11.0,41•■•••••••••■.-A. // ECEDVIE K (► Li I AK ISLAND BOROUGH A' MEN l . ` DEVELOPMENT DEPARTMENT 710 ill Bay Road, Kodiak, Alaska 99615 COMMUNUY DEVELO Public Hearing Item VI -C HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: 11 -003 John Zbitnoff A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in .the I- Industrial - == Zvnc- i�eitiding' sphalt Ba di an-d ly ing Plant, ManuTact irig —or R fii* l IBC 17.105.010.C) or, Petroleum or Flammable Liq r u•+ . ' ` f� n; ;_ o o age (KIBC 17.105.020.F), the latter use would also re a • �;C'' . •' •�• ' UP) review if approved as a similar use by the commissih. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is request. If you Community Development commission. being sent to you because our records indicate you are a propertyo ft 190NriuttniltmEtot the do not wish to testify verbally, you may provide your comments rn _ t _ � e snac op-tei the Department. Comments must be received bv 5 pm, August 3, 2010 to be considered bv the The commission shall not consider any new information submitted less than fifteen (I5) days prior to a regular meeting To testify via local call -in telephone One week prior Kodiak Island Kodiak Island request. If you Your Name: date (Planning Zoning Bylaws amended June 16, 2010). You may fax your comments to (907) 486 -9396. telephone, please call in your comments during the appropriate public hearing section of the meeting. The number is 486 -3231. The Alaska toll free telephone number is 1- 800 - 478 -5736. to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in the Borough Conference Room ( #121), to review the packet material for the case. Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this lia�ve� any questions about the request or your appeal rights, please feel free to call us at 486-9363. hq"P . GL`-1"&v(jt \ 5 K. 210LC 'VAS( - \`= -- Your property description: comments: /�M`ai�lin /g�A`ddresss/:� l 0 77 £4 C iii K6 - VTI�.� o 7 [) i` j qj }. ) -, 0 r R6-- \ �I - 1 s- is i . tom',, — 7 1-.)6 „' c at S k - � � • W ihs K;. iL3b 0rL-s1'r -- ()aes air ditJ -51 J.J co 4 4s6 _aw i'662 , . a Y 1. I M0 1)4J 1' >k) - . l(J- u 4-icA Pot w ct-o 'et.. 1-1404,5 ,-cats i Been Nrs 0 r- (1t3 TVE C 3 IJCC -- 1-6 0 utk- Co a 41K1 4 iy Lay 11-KS $? � , _ . 77 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI-C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: 11-003 John Zbitnoff A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatrnent, as a use that is similar in character and impact to permitted or conditional uses in the I-Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable tqAdxeductions—Refini - ltorage (KIBC 17.105.020.F), the latter use would also 'reEi ' CUP) review if approved as a similar use by the co LOCATION: 465 Sargent Creek Road ZONING: I-Industrial This notice is request. If you Community Development ommission. The being sent to you because our records indicate you are a pro c . - .-. - re do not wish to testify verbally, you may provide your comrnctittrcistriagtia.(1111ffilicKiligglagr Department. Comments must be received by 5 pin—Au,9.4.4,s.isi ere of he to the )y the commission shall not consider any new information submitted less than fifteen (15) days prior to a The in the on this regular meeting date (Planning Zoning Bylaws amended June 16, 2010). You may fax your comments to (907) 486-9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. local call-in telephone number is 486-3231. The Alaska toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work, session will be held at 7:30 p.m. Kodiak Island Borough Conference Room (#121), to review the packet material for the'ease. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Islanie:171(Aft:e_r 1 it e_, Mailing Address: /67140P Y 4 rt,-,t, Your property description: Comments: .... ' UK. L..; . ■ iti_o - t • 6 . - G to af...1 1 \ r , - 'wP , . , e -V--da ZI) t4fict_a_n 0 _ • toe.cLnee_e) Z-r- CLvt,i2 (Z q"1 e.,0A 4-lie rer_4 .s.act ctre_m__ .Q_Cu_(A) Q. c s _) 4- [( e co cia 1 e_., ct-r-e_o...) . 0 1 -/--- h .. 1--cksd ( s iyrtzile .4 uhfrte eqL)-. eats __s\ 4- 11)01, ti e... a Use 13- r- &4; 0 &r-ettri-rie oo_e_. 4-0 , A---- Qa-tot u 11 ,t/ (.1 w -g c.i. . g / 0 $. r el. 1 f i 'IV " L / WO- • d. a e__ 4-6 0-&�J!€ 1--- a - KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI-C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: 11-003 John Zbitnoff A Similar Use Determination, according to KIBC 1715, 090.A7to allow the storage of petroleum contaminated soil for the purpose of AD ppr.e.ved4paataleilt-,- hat is similar in character and impact to permitted o ne Bn 'al zone, including Asphalt Batch and Mixing Plant,; 17.105.010.C) or, Petroleum or Flammable Liqu ge (KIBC 17.105.020.F), the latter use would also re review if approved as a similar use by the commiss LOCATION: 465 Sargent Creek Road ZONING: I-Industrial This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments must be received bv 5 pm, August 3, 2010 to be considered bv the commission. The commission shall not consider any new information submitted less than fifteen (15) days prior to a regular meeting date (Planning Zoning Bylaws amended June 16, 2010). You may fax your comments to (907) 486-9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The Alaska toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (4121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: f.) ale R 1 c .-- Mailing Address: / I) 172/1 D 4.---z. 4 .5 f 4 if 7 5 .174/ Your property description: , r fl. 9,) /V i3.6----1,5 iz7/.../.4 7 C t a 1* 7 , • Comments: )L /4 4(/ Cr 7 'VA / If c-r- P4y7.- 7H75 1 4,7,7 --Td 6.77 /h/ o A, vi/ 7 c' 164-, tj 4.---Gt 5 1.4_75 77ri,/Sfe,i4/4 1:-/ o E4, pit / 4 1.• T A 1 5 , 0 / g a CI— -1i4"' tr) A 45 7 7/ AI 4— 14/ 5 w4 5 -772 / ic D ii-- ff.-1/s %Lig r4 77 ...-- e-- /-77-,ip ,v' 574,0 ° c '4t ( kit---4, &/- re-t--f 9 L '(4f' 7 / k o (4.•,-- Gt// 7i7€ 77-4L," 5 pe. r--:-. e,-0-7 5 tr. /4 0 Yit V 4 7 (0 A---, 76 7;440--y je/ Gr/ ,... $/ 1 7714-- /Fa/ 0A,/5,9 , tw 14‘r 0 7711-' fri-KoKi.--- lc /46-r -7-ffr c7/ /-- w C1-14f -u-i er- 1771--rci;6 p ( 4-7 -r ,P .7 e, /‹ ,-- 4-,v-i-) (45 5 iw-Td •/,/,- a g / 4 1 LL_ ii a , - 1 ; r , - , - 6 4 - 4 0 - 7 4 , i r - - ---/-(4-4 7-20 141-iv 6 . - - X - V I 1 , /1/0 --C- 4-- v /9-c- 77-6-- /10 1 1.s* ) t," e 1 4--ii ir >f, 5 077-1- 6'10r> or --77-/)5 Ay 7 if- 4 i--- MA k-ro iv 572 r-Ne , /5 71-64-7 /f-n/.- 1 , /4 t- ar I--/-4 zo<-Pos III "I7t-1H 4 i- e a vi- (7) a 0 e e-a 41- 4"--7,. 71-7)Z tp 1,-r4- fre- ve/vp r c/10--4-7 el ,40 7" /i-i4-v it W(T(. 7 et is:- 4.5.7. 5 C to,/r- t_4-73 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 11 -003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of. petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of they request. If you do not wish to testify verbally, you may provide your comments in the -space below or in a letter to the Community Development Department. Comments must be received by 5 pm. August 3. 2010 to be considered by the commission. The commission shall not consider any new information submitted less than fifteen (15) days prior to a regular meeting date (Planning Zoning Bylaws amended June 16, 2010). You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1-800- 478 -5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work - session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the'case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. if you ave any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name•_ Mailing Address: � .. 0Z rlitis4 Your property description: Comments: t'ol1A wi 4 hi Bes`1��g tI . AUG - 3 2010 COMMUNITY DEVELOPMENT DEPARTMENT) T., 7 4--", 17`,, kt Lrks.. sr ;t1 M.ill 0PRAIENT D E PARTM LEN • Red. Kodiak. Alasit;t: 94.1 5 Hearin2. Item N, 1'))11—rT1)17- -11-?-71 711'A p JL ,1 r if - f •!, ti 1 - r Ai is . public hearing, be held on Wednesi.lay„ Au-gtist, 18, 2010; The i g Ti begin at 7:30 p.m., he Borough Asscnnbly Chlainhers. 710 Mi11 13av Road, K.Odiak, .A.laska. before the Kodiak island k,rt tLJ Piamiing and Zonim; CommiSsion. to hear comments ilansl. on tile railowint„! reuuest: APPLICANT: REV EST: 1,1:4)0 john Zbitnoli A Sirnliar Use )e fermination. accord;ar, to KIBC. 17.15. 090.A. it, allOW me storage of petroleum comaminated for the purpose of ADEC approved treatment, as a use tna 15 eilaracter and inmacT to permitted or c.-onditional uses in tne T-inausinal ineludint; i\snhait Batch and Mixinc, Plant, IvIam2.-raeturing or Rthnins (MB(' I 7.1(5.010.C) or. Petroleum or Flammable Liould Production, Relirtint, cs' (KIBC 17.1.05.020.M. the latter use would al:36 requir - reVieW r aporowd as a similar use by the commission. OCA'flON: 465 Sart;ent C.;eck Road ZON NG: ........_...._ fl is 110IJC.:: i:4 neraa sent to you beoallS(t OM reeords, indicate you are a prOperty ev, .ieriin ,request. 11' you do not wish to testify verbally. you may provide your ,...omments in Abe sltra,-- WeiritiilUnitv DeveloOtru.-n; 10,';1,!rtmeiir -7(ro'ilriii4tis: at 7 V,, „ ' ' ' "-' ' " .ri,,,,:;-.,;-.',:-44: .sji.i.,q. Poi 4:.'u2.-.:4:-.:,:": oq,„,-f, ,7,-w'.--,- ;VrigAnfillii=q, .f...6..,:i.,,witiyii ,,.., ni?Hirl ;;ieep 1-1:7) ,,,,,,,„,, =1,9t0.1.Pinn21,i,,, 711 1, by,h.F.g',,,, cr:s-lItli-zi Jane ,i,;..„ .:V ft] you ;way i \ y cbur coninlents to (9 7) 486_9396 t 1 t> tOstify vin ze.lt=p1-:.021C. plcase .:;11.1;i rjZir e().nt;nciats zizirin;:, ;he apprapriute pub.31:: he.311-ing sect:an atilt Int..,etitaf.,=. Ilitsr oil (.•:,;1 call-in telulahone trarnb•or is 4U6-3231. T.11?, Alask-4 2-(AI free telephone nurnbt.r is 1-800-478-5736. t iOne week prif,r to Ihe regular meetintz. on Wednesday. Augusl 11. 2U10. a work session will he held at 7:30 p.m. in th Kodiak island Borout--:11 C;:lnierence Room (ii121.i., to review. the paeizet material ItIr the case. Isjand BOrOu!=i1 Code prOvides' you with Speedlie appeal rights ir t,'011 (lisagree with -the. Conniissions decision on this 1:; t equcst. 11 you h;:-,,-;:. airs' quemIS abel:It tiie: reaue$1 Cir vet: appeal rii'lli.s., pl,-ase feel frec to call is at 4.C6-9-.1:63. -ilYt):,tr Name: Lett / rekt_Q ivvortvzA....., Mailirp, AiltIrt,.sU,22624:2 rest..(1 oar; v the!. VPMENT DEP-ARTNIEMI Yotar.propez..ty•-(1=,,I,a‘eiutiostt 9V-t<6414 ,(fi-iLt e-„feeditoct-Azzff•al 6 a_ iladidathW &au hd.,g‘4172Z_ re 14AL, aJa h2&Z /y • j„. ■::} IP! ■•+ 'f I frYL7rL7L72j,. 7reLezipyw buryuLi- mg( July 29, 2010 Kodiak Island Borough Planning and Zoning Commission 710 Mill Bay Rd. Kodiak, AK 99615 Dear Sirs: AUG 3 2010 i COMMUNITY DEVEIOPMENT DEPARTMENT This letter is in reference to Case 11-003. I believe that storing petroleum contaminated soil in close proximity to three bodies of water (the Russian River, Sergeant Creek, And Women's Bay) that abound in wildlife and spawning salmon would be very unwise. The chance that this contaminated soil could leach into these water sources, and into private wells, is too great. I recently heard testimony concerning the 10 year lease provided for Brechan Enterprises to extract gravel in the Bells Flats area. Borough Manager Rick Gifford acknowledged the problem associated with mixing industrial and residential zoning in the same neighborhood; in the case of Bells Flats, a problem that was created by the Borough. Mr. Gifford said that if he could wave a magic wand to correct the problem, he would. Well, you now have an opportunity to wave a magic wand to keep the industrial footprint in Bells Flats as minimal as possible. Even if this property is zoned industrial, it does not need to be developed in such a potentially dangerous manner. Moreover, having additional trucks constantly entering and exiting a property right at the highway entrance to Bells Flats is an invitation to an auto accident. If you decide in favor of the above request, it is clear that the Commission has no interest in addressing the problems associated with mixing residential and industrial zoning in the same area. I hope that you will deny this request. Thank you for your consideration of my comments. Sincerely, be D'Elia 12110 Bells Flats Rd. Kodiak, AK 99615 Rug 03 10 09:46a Ron GI" c 907- 487- -r6J8 p.1 August 3, 2010 To the Members of the Community Development Department, I am writing regarding Public Hearing Item VI -C, which contains case #11-003, submitted by Mr. John Zbitnoff. I respectfully request that the borough and Mr. Zbitnoff seek other sites for storing contaminated soil other than the one located on Sargent Creek Road. This location is extremely close to major salmon streams and residences. The potential harm that could result from storage at this particular location does not warrant the risk. Please investigate and make decisions that reflect accurate knowledge as to the long term effects on our environment prior to granting any permits for such purposes as stated in this application for this or any other location. Thank you for your consideration. atri is B. Gibbs 539 Visna Way Kodiak, Alaska AUG - 3 2010 COMMUNITY DEVEIlf3'1 :may .. KO r JAK ISLAND BOROUGH DI NN' DEVELOPMENT DEPARTMENT 0 Mill tray Road, Kodiak, Alaska 99615 Public Hearing Item VI -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borou h Plannin and Zonin Commission to hear comments if an on the foliowin - re. uest: CASE: APPLICANT: REQUEST: 11-003 John Zbitnoff A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Maiiufactiiring'or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: 1- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments must be received by to. Aueust 3. 2010 to be considered by the, comnussion. The commission shall not consider any new information submitted less than fifteen (15) days prior to a 486 -9346. The p.m. in the on this regular meeting date (Planning Zoning Bylaws amended June 16, 20107. You may fax your comments to '(9(17) To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. local call -in telephone number is 486-3231. The Alaska toll free telephone number Is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision request. If you have any questions about the request or your appeal rights, please` feel free to call Us at 486 -9363. Your Name:.JA. A ... _. Malting Add►e�: b h1LtL� ee -- + Your property dtacriptiou: / 0 `d A L & e.eren a s Al ".f./ .. II I _ as i �1►i f j '`�ii� — •� `c. C. ado . 9 �, P.y "ta l4 -tt.A la[ 2,,a i '' . n s _ _ i -- ..�1 .it.... 1 A • Mik A/A a a a ,. a • • .i , t Ir. A, . • -. a._.. ' .• c .41) . ,. ..A a4—. . 1.0 A ■ _� J . . ( *1 _ • • • A 'a t+ f 4 ea .AI J . I i A a / 1. 1• I_ �~ 1.4 U•- 4, 41_ 1 ; I L. COMMUf\ AUG - 3 2010C KODIAK ISLAND BOROUGH MUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 !TY DEVELOPMENT DEPARTMU Public Hearing Item V -C UBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: 11-003 John Zbitnoff A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I-Industrial zone, including Asphalt_Batchand Mixing Plant,Manufacturing, or RefininQ (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I-Industrial This notice is being sent o you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments must be received bv 5 pm, August 3, 2010 to be considered by the commission. The commission shall not consider any new information submitted less than fifteen (15) days prior to a regular meeting date (Planning Zoning Bylaws amended June 16, 2010). You may fax your comments to (907) 486-9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The Alaska toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: (1 cciv e, t:iC61k) Mailing Address: 5?-3 Tre 540 h Le:&. ll'e... Your property description:5 etc re pa I-a-C. 1,..):4)) 11011-2.--+ c--Q- C c7 er0514-1 Off cr-C kaisi, igq, Diz,v Comments: =Try 41,--‹_ &/- *0 of,-5--A fri- - pc? s -7 ReAs l4ef5 re•-.. c(-27-7t5- a , C tati re) a jct-71- LoN,A,v,..11;),L9 ett,i- o-g ,5o q r-cir--.-ii---1-71,74-■ A&-t ril ,5y ,-,L, -V k() • ,,, iref,ii 7 06t,t, 7e4-- 6.1/4„-e_k_ , 5to ri hi COlt a Ykel-Fei 5e) )' 1 So HO 5 e_ -1-0 t-i432.- r ,-ve r 7-S a --4 ,- --- jlek-cf- Co) cR (7‘. -fp AR . k-e C2.-I47' 1 rci i>i (4 IA S-e---r, /fl y / q pi o( M -42 41,12_ (NA/‘e-r— --1-0 d\,--t-r __ryi-L, +te 1-17v---, . (—pre-! -1-ct.rn rrctle4 %;:) ;- 1 1 S c e7(.0-r-ye ,- 4) 014 ir-- -Pi- 511, , --3_0 -1,-7-c, . --PA,__A? (57-t- (1 fi Po' -..6 /..-i-h 0 I 11 I I , 1 /44 -R4 re, 1--/- . 7-7- a., h ie e-e,..., a i 1 e- 0)7..A 4' 5 r...e,o,-1 i v U Y-1-2(742_ es-, ( ... Aug 02 10 07:27p Ara & Bernie Finke 907:2885 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak. Alaska 99615 p . 1 Public Hearing Item VI-C PUBLIC HEARING NOTICE A public bearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planninc..7 and Zoning Commission, to hear comments if any. on the following request: CASE: 11-003 APPLICANT: John Zbitnoff REQUEST: A Similar Use Determination, according to KIBC 17.15. 090.A. to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment. as a use that is similar in character and impact to permitted or conditional uses in the I-lndustrial zone, including Asphalt Batch and Mixing Plant, Manufacturinit or Refining (KIBC 17.105.010.C) or. Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I-Industrial This noticc is being sent to you because our records indicate you are a property owner/interested party in the area of thi request. If you do not wish to testify verbally. you may provide your comments in the space below or in a letter to the Community Development Department. .. ' . • . -%; --..._ :"... . • •- .._,•,._' • _._• ..._•_ . ____ - .. • . • . • • " - • ' ...* '.'.,“ : .. ... . _ „.... • . - You may fax your comments to (907) 486-9396 To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. Thy ,local call-in telephone number is 486-3231. The Alaska toll free telephone number is 1-800-478-5736. •Onc week prior to the regular meeting. on Wednesday. August I I. 2010. a work session will be held at 7:30 p.m. in 01 Kodiak Island Borough Conference Room (121). to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on tin! request. If you havexany questions about the request or your appeal rights. please feel free to call us at 4S6-9363. Your Name: .S7/_/ ( eui.I rs-r-, ic-e Mailing Address: _ coLeZ. -1.-- P-4.,,tec., /Ter- . Your propert3 den%loart: Kic-c-:,■• dell 1-e'l ( 3 4 OL) 4-041 lorlz,sej 61.-t-e comme,,,..„ .:_.T• 4- tI,Vi ic -1 II is FS. 0., bi (1 ic, e ic'f" .i. - r> '1o0 CtAe ./2, e-, 5, /07,,, -/-± S. f .9 ' ; 4 7t f 1r 1 TO • • -€ 'to -ripe_ out. i.-- -4 7 / t..../1■7e,, 11' ur..)f., " loc. IC -I-e( r,' t ie G P7 0 , Co (..,5 +lea/ le-C • "c r ro k;• f-e.,,,s . ‘---- 1 b.,/ ,.. •-i-ii.4.1c. ii- 1-s c-\ , cl. e4.,, , Ike (,,..c I- 7- Ali e --i-ii,'s he,gp,Aff c,c7c- .4-tie her pc,,, 77. 144....:.,4 y (TI -i- 6 e G vrt....--, (( krol '; were ci Mo.-77'4-04-i 144 y /3.-`rd -re eder5 •cor t( th:e -1— .en e II' (TA ,-.1 4 4 tal• •1- ro,t76' ri -4'r er, - at50- TL-4 i 4 ,-s: 1 - i-t.ci i-ti-i .50i...-t• Jri,y.r i.r 1,/,;,.,, id bi4 c-(i o--el fci 0,.,-1-, ),,G, cif pr (CS • 7-S3":0'. Vo c met Rug 02 10 07:36p & Bernie Finke 90 !672885 p.1 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road. Kodiak. Alaska 99615 Public Hearing Item VI -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following, request: CASE: APPLICANT: REQUEST: LOCATION: ZONING: 11 -003 John Zbitnoff A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to perrnittt or conditional uses in the 1- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.O10.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the'latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. 465 Sargent Creek Road I- lndustrial This notice is in sent to you because our records indicate you area properly ownen'interested party in the arca of thus request. if you do not wish to testily verbally, you may provide your comments in the space below or in a letter to the Community Development Department.. .: rri.•nI tn:... !It rre�'i�:'(l ill, 5 t)7r.. AltVi! t _. _:∎lit 1•. :1, ;'t:.c!r1. tut a% are• C i,! :: i.. t",;I. , ., t'N.. ''•� '•r:. s / :, :1! ,'•e sill: .:r.•. tvi nett' il:! V7-•!tl!lttt: W.07: :.it'd .i'v• .. :_.,: .', .: _. ..,.. ., : :,:. !it ii n . :,a. l :.. , .- ._ .-.. ; t ":e!. :i' . . ;.! :, .. -:•/::9: , t :n:rutlrt! .!1:.:r F6. :.'r;10,. You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The Local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1 -800- 478 -5736. One wed: prior to the regular meeting. on Wednesday, August 11. 2010. a work session will be held at 7 :30 p.m. in the }Kodiak Island Borough Conference Room (fil21), to review the packet material for the case. !Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. if you have any questions about the request or your appeal rights. please feel free to call us at 486 -9363. �l t Your Name- , /IL_' [ ..� .. :r MvtingAddress: .:.. 49Y.�r 2 tot- . f. � -1A' e/ GIA / Your property deser'doon; • Cmmrots: 1-eJ �/d- �- G.- ./..&K' 1 . 4-4ei 2 G+�r. .4-/W... y �?_f2fi ;r ii.♦'. - .. , t �. i . fib% _'." ! GZ i C {.lam es �_ �... J S. F . j-/ ,.y �j f ♦ . �' JI.Y., _JdiaL'�.I dif ..+♦frf..f! �/(/� j'iI /n///Art / {A,e• /f yq /J J{f)'71�r ��.I. �/r /yam //. /Y� /•�1--7,,e---w .4-7' - t om / . / , . — i - - .s /d-x L _ --- L ✓r!f%'LG ✓. / ,,. - -2.40-- 6.- �, 7" —/ - .4 Gt� /�f / �.It " iL �!�_ /r .� rr ✓iii a rL i- �LilJ Isip e ?mil &-7 t2 G�r�*• -ems a -7,d Rug 02 10 07:36p Rna & Bernie Finke 4 a4 4,4" 90` , 72885 p.2 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bar Road, Kodiak, Alaska 99615 Public Hearing Item. VI-C' PUBLIC HEARING NOTICE A. public hearing will be held ott Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill. Bay Road, Kodiak,. Alaska, before the Kodiak Island Bolouszh .Planninu and lyniit>± Conrlmt sign, to hear couinnents if any. on the i'allowint • request: CASE: 11 -003 APPLICANT; John ZbitnotT REQUEST; A Similar Use Determination, according to K,IBC .17A5, 090.A, to allow the storage of petroletml. contaminated. soil for the purpose of ADEC approved treatment, as a use that is similar= in character and impact to permitted. or conditional uses in the I-Industrial zone. including Asphalt -Batch and Mixing Plant, Manufacturing or. Refining ()UDC 1-7.105,111;0.C) or Petroleum or flammable Liquid Production, Refining err Storage (K IBC 1 t105.020.F), the latter use would also require a conditional use permit (C1J.I') review it approved as a similar use by the commission. LOCATION: 405 Sargent Creek Road ZONING: I- Industrial This notice is being sent 0 yoti request. if you do not wish to Community :Development Department. et:tq,tglissiott. dire ct; nnthe ion ff$tolt because our records indicate you are. a property owneriinterested party in the arca of the testily verbally, you may provide your comments in the space below or in a letter to the t" in ren :us be retei,ew$. b • 4 t :a ..:., t.Ki. 1 20.0 to 1 . ►siiri : if 1r.• a riot consider mg rteu• information .5rtbatilted ins short Jifcen 4f5,t etriT%' 1rruor to u fax your Comments to (90.7) 486-9396_ hearing saxtiun of thc meeting. The ia.1 -S00 -4711 -5736. will be held at 7 ;30. p.m, in the case. with the Commission's decision on' this to call us at 486-9363. . Le regain. meeting date^ (Manning Zoning b` I w'C offatTuitid 1aAC hi, 2010. You may To testify vie tslephune1 please all in your comments during The appropriate public local call -in telephone number :is 4136•323.1. The ,AM*ska toll free telephone number One week prior to thc regular meeting; on Wednesday., August 11, 2010, •a: work Nemion Kodiak island Borough Conference Room 0121), to review the packet material for the Kodiak Island Borough Code provides you with specific appeal .tights if you disagree reque•,t.1f•you have any qucstioos about the request .cir your appal rights, Awe ftl free Your Name. xr' ,. 1,— • Millie£nodrkey: Iii) 8..i 1/�, ^1 Pont property dricriptio . I .i % � I ' ,. ` .d _ :c ' Cammcii : -di ii- Pe ter• £/I d 82)1:01 :NONA 917:2T 0Z02-28 -Joel Margaret L. Wall P.O. Box 686 Kodiak, Alaska 99615 Plusigfi,aratiala.sisaat August 2, 2010 To: Kodiak Island Borough Planning and Zoning Commission Re; Case 11-003 Request to store contaminated soil at 465 Sgt Creek Road. 1 live at Block 10, Lot 7E which is 11746 Bells Flats Road. I have owned the property since the early 80s, having purchased it from its first owner. I oppose any plan to bring more or new hazardous materials into the residential areas of .Bells Flats or other established and well-populated areas of the borough. I realize that the property in question is zoned for Industrial Use. And 1 understand the thought process that brought the Industrial Use zoning to that lot. The problem 1 sce is that in this day and age we know that industrial waste and hazardous wastes of all kinds arc a lot more dangerous than was previously known to be. 1 can think of no reason why we should house or bum or distribute in any way hazardous materials near a densely populated residential community. The potential for drastic, dangerous harm is definitely there. The location is literally a stone's throw away from both a salmon stream and popular salmon river. It is right across the street from the tidal areas of Women's Bay. A leak of any kind, a bad flood, or an earthquake or tsunami could create a problem of major proportion. So could a leaching of hazardous materials into the water system that feeds the wells of more than 800 people. I believe the danger of potential harm is too great. I believe the borough needs to have a plan for dealing with hazardous wastes that doesn't include storing or burning or burying it near residential areas. I. believe we, as a connunity, need to bite the bullet, set aside some land on the road system that's away from development and call it the place we put these dangerous materials (and the future landfill). People are not going to like dedicating what now is a pristine area to hazardous waste disposal, but it is far better to do that than to continually risk the lives, health 2/2'd :WOHJ 917:2T OT02-20-9113 and futures of our residents by allowing heavy industrial activities and wastes to come into areas where people live. We already have heavy industrial business in Bells Flats (the asphalt plant, for instance), 1 would like to see them moved some day, as well. The difference between that situation and this current proposal is that the asphalt plant is already there. We don't have to compound a toxic problem by allowing new development and storage in the area. Thank you for the oppor unity to speak out against this potentially dangerous intrusion into our community, Sincerely, Maggie Wall 2/2'd eIl:Ol : WONJ 017:2T 0T 2 -20 -End WECEIIVE ;1 JUL 2 *3 2010 COMMU ENT DEPARIMEN KODIAK ISLAND BOROUGH UNITY DEVELOPMENT DEPARTMENT pioyini Bay Road, Kodiak, Ala.ska9905 Public Hearing Bern VI-C C HEARING NOTICE &public hearing will be' held on Weddesday,,AngnSt.18, Thexiieeting will beginO:30 the Borough Assembly Chambers, 710 'Mill Bay ',1(bdiak„ Alaska, before Icediak. Island . Borough Planning-and ZingCon,rnissi�n, t hearcomthents if y,�zi th6_,following reti044:- CASE: APPLICANT: REQUEST: 11-003 John Zhittioff A -:Siniilar Use Deternintathin, according to KW.0 17 15, 090 A, to allow ::thb storage of petroleum 'contaminated soil' for the :purpose ofeADEC::approyed treatment, as:a use that is similar in character and impact to pennitted or conditional itSes m the I-Industrial zone, including • Asphalt Bateh, and Mixing Plunt,..Manufactuting or Refining: (KIBC 17:105:010:Q or, -Petroleum or Flammable Liquid Production, Refinmg or Storage (KIBC 17 105 :i)10X); the latter use-would also require a conditional use permit (CUP) rewifapprovedasa similar use iv the, edninlisSion: LOCATION: 465. Sargent Creek Road ZONIls4G: This Rohde is being sent id you betaiise tam'records indicate you are a propetty"ownedinterested patty -iit,thOarea-Of the request. 11--yoii do tor wish to testify Verbally, you may proVide your .comniettia in the space below or irvaletter-to the COMmunity`:Developnient Departnient.,:Cortrineriti:nust, be _redeiiiidilli,,,5'.0iii, AtioiSt:;3.;1010--tif'WerliiSidered' bV,(he conitilissien. Tin. commissidst Airlk, not ,i.,,Misii-1i?i; imp: Iliii,l,ifthwilidn'7'stibiniiiii.:(1 liwk,,thiM'fiftifiiiz d1 5),(itoyi-cprior- tiF.4 , You may fax yotit;Oo'mtnerits•tp (907)486,9396. pubuclearing-,:oction of the.meiting.' The , .a work session: will be held at 1:10,-pan. in the ' rnaterial Op ile-case, if you disagree with the ',COMiriisSipreS decision on this S;plase;fel free:toe:oil usat 486,9563. ?- 0 - 3 --*7 11 .. i..egratir iiiiiii,:iiiiiii? 'a:1(0401A ZtillhikRiVailik'tifimiiikil;limi."..:14;:'_2010):.. To ,testify TVia telephone, please eallin your cominents.,dui:i4-06.appiOpiinte kcal call-in telephone:number IS 48(0231:The Alaska toilfretIeleplorie:niunberis1-80.0-478.;5736, One week prior to the regular meeting,: on:.Wecincsday, August 11,1010,, KodiakIsland Borough Conference Koorn(lti il),. to:review 'the-packet Kodiak Islaati213.6fOugh Code -provides yonAVith specific appeal rights reqUeSt.Hyou have any -enestiOnsaboui:thoteetiest OryoUr'appeal right Your Namm '..-G.').(-) il i. ( 9--- Mailing:Address: i Your prallertyrlegeription: cammilits t : . -1 . oF,e— b I ZA--- ---\\/65 ...1.5P 7111 t 5 ; qr. \ 1 1 LeW4-Art IA r a 1'6(4 ' A-- ■avi. 9evt S C--a e l 4 A?cke* y.„ (i 1 -tt_. -...- , tA„. c.e 11\6Lt2 ifiat t ea' -kte j, 0 VI cAPPf0t/C__, , j 1 ct 5p (71- i, \ ,,,,A-- T. s 7---- la-A-5 Re c P \ ' eJ ( S t S.`"tevti-cg u0A-14/' T_ kr-01)e_ \ , , ,-, e t.„,/,, is-o Or i-k.0 k (No fy tpe ItS cADi ( A , , T e_ ' (,, / \n e CO Oz...1/41_ r ett,,:i- e Ipt, `"\--1A,/ VA/1PP Sc r \ \ c A 1,_ S _E- • - Sli 0 1 P - & ' .,,A 4 e. a • a a a LA-4 k)'\ a uS e IA- r , _% 0 i't"-i 0 rT e , - ' 1 907 486 9898 KANA Kodiak Area Native Association 09:16:07 a.m. 07 -28 -2010 1 /1 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak. Alaska 99615 Public Hearing item VI-C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak. Alaska, before the .Kodiak island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 11 -003 APPLICANT: John Zbitnoti REQUEST: A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone. including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.0) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you area property owner /interested party in the area of the request. if you do not wish to testify verbally, you may provide your comments in the space below or in a later to the Community Development Department. Cohrntents MOO be reccivott by 5 pin, Ausust 3. 2019 to Ire ritnsideted In the sntanrissian. 17re ;!o ?i t .ion :shall not vtnvider any nen. irrf'urxeatiorr 4i4lnu icd less than fifteen (1S) days prior to 19 regular me'eti1, date ligaturing Zoning Bt•lrrr .. amended June 16. 21711)). You may fax your comments to (907} 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800.478 -5736. One week prior w the regular meeting, on Wednesday. August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak island Borough Conference Room (11121), to review the packet material for the case: Kodiak island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal' rights, please(feel free.tto call us at 486- 9363. Your Name: C 1cam() `V.- Malin Address; PO 11 es v. .l1 -1 L ( l Your property dcicrqtioon; Ql 17 k. 3 C_ el e (lS F t Q..is S ...), rU J '5 • o ." Comments: —.LAS o-- l3e. lls EI0 r r es keg,, v-w cif atr'e 4Le f /�4- yIs Q� Pt fc,c,` I As ,r ILLS t. f- ID 't" ?lac,-4 tft,lC2M-_.A 1ni5 r if {i tv.. nuV" �,,(pa. [A.-.) )1 AAA". rfe lnl i et ic.-- lv~I fL€ .,,a c.n. LI 0 i.:J.1 ( least, k `l'Lij Cr )� 51 ;i L. eye +�o ["T l4— uJa„A,I b r i!'tarp r, .}alL ct.t1o,.." *Lif" Trtc; ii: "�, 11 1' 3P rn ft— cis vie'tg, r,t�l/tUVr_r J • • KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: 11 -003 John Zbitnoff A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments must be received by 5 nm. August 3. 2010 to be considered by the commission. The commission shall not consider any new information submitted less than fifteen (15) days prior to a regular meeting date (Planning Zoning Bylaws amended June 16, 2010). You may fax your comments to (907) 486 -9396. I o testif} via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Mailing Address: Your property description: Comments: 7 -ICvI0 1 • • Current Location 65 Sargent Creek Rd. P &ZCase #11 -003 John Zbitnoff Request a Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose ofADEC approved treatment, as a use that is similar in, character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. Kodiak Island Borough GIS This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. t, UNITED STATES COAST GUARD P.O. BOX 5 KODIAK, AK 99619 STEELE PROPERTIES JEFF STEELE PO BOX 3369 HOMER, AK 99603 DALE RICE 10746 BELLS FLATS RD KODIAK, AK 99615 • • KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK, AK 99615 K LIVESTOCK CO -OP P.O. BOX 273 KODIAK, AK 99615 KONIAG INC 194 ALIMAQ DR KODIAK, AK 99615 BRECHAN ENTERPRISES INC P.O. BOX 1275 KODIAK, AK 99615 MARY MATHES P.O. BOX 2015 KODIAK, AK 99615 JANET WENTE 10826 BELLS FLATS RD KODIAK, AK 99615 THOMAS DEMI PAUL WHITTLE DALE WILDE 10928 BELLS FLATS ROAD P.O. BOX 933 11016 BELLS FLATS RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JACK MCFARLAND PO BOX 2342 KODIAK, AK 99615 Amanda Henderson 12906 Noch Drive KODIAK, AK 99615 Dave Conrad PO Box 2518 KODIAK, AK 99615 Dave Heuman 883 Preston Lane KODIAK, AK 99615 Scott Griffin 597 Sargent Creek Rd KODIAK, AK 99615 Jessica Horn 665 Sargent Creek Road KODIAK, AK 99615 John Isadore George Lee Dale Rice PO Box 33 171 Otter Avenue 538 Sargent Creek Road KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JOHN ZBITNOFF PO BOX 8849 KODIAK, AK 99615 ADF&G 211 MISSION ROAD KODIAK, AK 99615 \VOMENS BAY COMMUNITY Jascha Zbitnoff COUNCIL 1731 Mission Rd. 538 SARGENT CREEK RD Kodiak, AK 99615 KODIAK, AK 99615 STATE OF ALASKA DEPT. OF TRANSPORTATION & PF- PLANNING SCTN. PO BOX 196900 ANCHORAGE. AK 99519 -6900 July 7, 2010 Mr. John Zbitnoff PO Box 8849 Kodiak, AK 99615 • • Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us Re: Case 11 -003. Request a Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission Dear Mr. Zbitnoff: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their August 18, 2010 regular meeting. This meeting will begin at 7:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, August 11, 2010 at 7:30 p.m. in the Borough Conference Room ( #121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486 -9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, tleuQo Sheila Smith, Secretary Community Development Department KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 18, 2010. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: 11 -003 John Zbitnoff A Similar Use Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated soil for the purpose of ADEC approved treatment, as a use that is similar in character and impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a conditional use permit (CUP) review if approved as a similar use by the commission. LOCATION: 465 Sargent Creek Road ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Comments must be received bv 5 pm. Aueust 3. 2010 to be considered bv the commission. The commission shall not consider any new information submitted less than fifteen (15) days prior to a regular meeting date (Planning Zoning Bylaws amended June 16, 2010). You may fax your comments to (907) 486 -9396. To testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486 -3231. The Alaska toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, August 11, 2010, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Mailing Address: Your property description: Comments: 10 7-7 -10 Uest a Similar Use Determinate ; cording to KIBC 17.15, Current Location 090.A, to allow the storage of petroleum contaminated soil for purpose of ADEC approved treatment, as a use that is similar 465 Sargent Creek Rd. character and impact to permitted or conditional uses in the P & Z Case # 11 -UU3 I- Industrial zone, including Asphalt Batch and Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum John Zbitnoff Flammable Liquid Production, Refining or Storage (KIBC III 17.105.020.F), the latter use would also require a conditional permit (CUP) review if approved as a similar use by the commi the in or use '• PM WI Id AP 11114eV4 % ail/ lil 1 All FM - ..,-- •rte it LTA .4 7.. 14 A � e 4 Or•.4 i#0. .- < 44 Alir ■ _J. 400 I I V 1111* it. N 7 r rR . 4111 44 -10* co _Allitt 0_ )4,, - ..,L . .'.1 k,'I kl‘ I 1 .4" ' Ilt 4 •• ft 4,4ra + • es .: - , 14 Kodiak Island Borough GIS Legend ,�1& W T411 S ' Subject Parcel 0 800 1.600 3,200 Fee, Notification Area This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. • F UNITED STATES COAST GUARD P.O. BOX 5 KODIAK, AK 99619 JOHN ZBITNOFF PO BOX 8849 KODIAK, AK 99615 KONIAG INC 194 ALIMAQ DR KODIAK, AK 99615 STATE OF ALASKA DEPT. OF TRANSPORTATION & PF- PLANNING SCTN. PO BOX 196900 ANCHORAGE. AK 99519 -6900 K LIVESTOCK CO -OP P.O. BOX 273 KODIAK, AK 99615 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK, AK 99615 ADF&G 211 MISSION ROAD KODIAK, AK 99615 WOMENS BAY SERVICE AREA DAVE HEUMAN 883 PRESTON LANE KODIAK, AK 99615 • KONIAG INC 194 ALIMAQ DR KODIAK, AK 99615 WOMENS BAY COMMUNITY COUNCIL 538 SARGENT CREEK RD KODIAK, AK 99615 KODIAK ISLAND BOUGH - COMMUNITY DEVELcIENT DEPARTMENT 710 Mill Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 486 -9396 www.kib.co.kodiak.ak.us Applicant Information Property owner's name �3)7-A30 i Property owner's mailing address City Igo (3 A lc State Home phone Work Phone Agent's name (If applicable) Zip E -mail Addr. Agent's mailing address City State Zip Home phone Work Phone E -mail Addr. Property Information Rgt)c 2.(-)n5D(Y) co .-*ScarrtCris Property ID Number /s U 1JLLL< A-1 l/Z- K- r-t . c�� /i VcT4 Legal Description ng--,N-r- 1- �3 Current Zoning: T-/.) OUST 2i 4 L Applicable Comprehensive Plan: Year of Plan adoption: Present Use of Property: Coo tis; 7-7-,-, ; 6 Y�o Proposed Use of Property: S,9 I L t 5L-0 r6� Uh,a YII tie, ‘2,1,a -1--ran 4r+, w./- (/s t / �fl�. -,. , � - / 7. Ids 6Jd 4) dr' / 7 . / 0 5 " . (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification I hereby certify as the property owner /authorized agent that this application for Planning and Zoning Commission review is true and complete to the best of my knowledge and that it is submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plan for variance and conditional use requests and which may include optional supporting documentation as indicated below. Additional Narrative /History As -built Survey Photographs Maps Other J7AJA3 17 3 Property Owner's Signature Date Authorized Agent's Signature Date 1A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, ©1993 by Rutgers University) STAFF USE ONLY Code Section(s) Involved: (7 /'S ()qe 1 4) Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KIBC 17.67.020.B) $250.00 �— Other (appearance requests, site plan review, etc. Zoning change from to (KIBC 1 Appl tionfeceived by: Staff signature /' and AI D JUL -120 PAYMENT VERIFICATION *Zoning Change, Fee Schedule: (per k1B .- tssembly Resolution: Eff. July 1, 2005) Less than 1.75 acres .'! to 5.00 acres 40.00 acres acres or more S350.00 S750.00 51,000.00 51,500.00 Kodiak Island Borciugh Finance Department 1 L OO 3 SALE KODIAK ISLA UGH 710 M L BAY RD KODIAK. AK 996156340 TID: 00000382163 TIME: 11:35 AM DATE: 07/01/10 MERCHANT U: 329161011997 VISA IJS zzzzzzzzzzzz1894 INVOICE: 0000078005 APPROVAL CODE:03554C SEO: 004 TOTAL AMOUNT ZBITNOFF /JOCELYN L CUSTOMER COPY $150.00 • Kodiak Island Borough 710 Mill Bay Rd. Kodiak, AK 99615 ACT A PLAT 81 -8 RECEIPT DESCRIPTION )ther or Miscellaneous ,PPEARANCE REQUEST ype Detail Amount harge M $150.00 BATCH NO. 2011 - 00000001 RECEIPT NO. 2011 - 00000004 CASHIER Teresa Medina TRANSACTION AMOUNT $150.00 Printed by: Teresa Medina Total Amount: $150.00 Page 1 of 1 07/01/2010 11:35:45 AM • •16' qt. y"er. ••••aew us .11• • 41,•,!• • MS 34_ •^ :ma y y h • s s r , . se• • -s! • s. ••a1�'S�'�'b F.0' 0 • • T' 4 - `tio ■ q.sr .0 'c• 4t • to Jo-: =4. 1.-"" • ;• r • I• «•r• e •p -. ••Jr AOAD ero • _••• P ..sar • �f� �' • • sr O. • / v 2 r' et•' 4 • .. • • az. t ! 7t. , y•• • • •`f r or•, =••'.: -rf • Or •. ci• I' yslOfNi GtCCK MCWd"et t S W C' 47'C • AQ. TS'• • L'b 9••47 1L C 9.3.2+0 S N 42 00 Lee 213 c ' • 4 s t•T m nC C eo 0°' 9. e3. ace 0,7W '4000' • G. S ST ea CC•M 710 00' T. Nye x QCfw• 7T0.00• 8 W 42• 25 44• ii 374 ari ti N TCS •A OC a re 00' 1011 t2 f.S O• m 4•3R53• 7 •11 7:•■• CC; OO W. 20600' • • •••l. 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" Ie.y • 471 d•:..�, ••A h..1 h•. ,:•NV.. • • G..n to.* ,:. y. ,rK (Java.: • ..•m •, ., c. 9C ♦ r . /SW ww+ ..reyq .31.1 Ca • i. •• • •.4: ....r Orlr Z•AM : -"'4 n • •, .are. r_.. �,i ..•••• .r r. -4I 9.: 1 -:v3 ••b•l•s.. T •y.t..ert.a u • 1 • Bud Cassidy From: Duane Dvorak Sent: Monday, June 21, 2010 8:08 AM To: Bud Cassidy Subject: RE: Used of Industrial Land in Womens Bay for EF (Soil Remediation) That was the gist of the similar use determination for the Brechan property way back when. That was approved by staff but now all similar use determinations must go to the P &Z Commission. So while I think the rationale is still valid, only the commission can say for sure what they would accept. - -Duane From: Bud Cassidy Sent: Sunday, June 20, 2010 6:12 PM To: Duane Dvorak; Martin Lydick Subject: Used of Industrial Land in Womens Bay for EF (Soil Remediation) Double checking with you .. . The use of industrial zoned property (at the entrance of Bells Flats Subdivision) for remediating the soil now stored at the high school would require a similar use determination . .. maybe similar in use and character as KIBC 17.105.010 Permitted Uses - Asphalt batch and mixing plant, manufacturing or refining or KIBC 17.105.020 Conditional uses — Petroleum or flammable liquid production, refining or storage.. Would you agree? We have an owner (Zbitnoff) that might be working with Woody. Thanks 1