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1997-06-18 Regular MeetingI. II. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING -JUNE 18, 1997 MINUTES CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by Chair Friend on June 18, 1997 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Jerrol Friend, Chair Suzanne Hancock Roberta Scheidler Clarence Selig Walter Stewart Commissioners Absent: Darlene Turner - Excused Donna Bell - Excused A quorum was established. APPROVAL OF AGENDA Others Present: Bob Scholze, Associate Planner Community Development Dept. Eileen Probasco, Secretary Community Development Dept. COMMISSIONER STEWART MOVED TO ACCEPT the agenda with the additions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER SELIG MOVED TO ACCEPT the minutes of the April 30, 1997 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. COMMISSIONER SCHEIDLER MOVED TO ACCEPT the minutes of the May 21, 1997 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. P & Z Minutes: June 18, 1997 Page 1 of 13 i V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. VI. PUBLIC HEARINGS A) Case 97-008. Request for a conditional use permit, in accordance with Section 17.13.040.17 (Conditional Uses) of the Borough Code, to permit non -recreational mineral extraction activities, specifically commercial removal of up to 300,000 cubic yards of rock, to be located in the C-Conservation zoning district, in Anton Larsen Bay. COMMISSIONER SELIG reported that he is currently a KONIAG board member and share holder and asked for a conflict of interest determination from the Chair. CHAIR FRIEND determined that COMMISSIONER SELIG did have a conflict of interest and excused him from the dias for this case. BOB SCHOLZE indicated 43 public hearing notices were mailed for this case and 16 were returned, 14 opposing this request and 2 expressing concerns about the request. Staff further reported that additional material was provided to the Commission which included letters from Koniag, Inc. and Ouzinkie Native Corporation as property owners and applicants, clarifying their request. Three State agencies (ADEC, ADNR, & ADFG) had also provided letters since the packet review worksession addressing concerns about the project. A summary of those concerns is: ADEC: 1) site runoff control and treatment, 2) storage of overburden, 3) site reclaimation, 4) washing of gravel and handling of that wastewater, 5) dust control, 6) fuel storage and cautionary procedures related to potential fuel spills, and 7) whether housing or restroom facilities would be provided for crews; ADFG: 1) what types of barge anchoring systems will be used, 2) potential debris falling into tidelands, 3) prevention of site runoff and surface erosion/sedementation in intertidal habitat, 4) use of explosives and hydrostatic overpressure, 5) storage of waste rock, 6) shock waves due to explosives, and 7) site restoration and stabilization to prevent long term erosion; ADNR: 1) stated a Tideland Use Permit would be required, 2) needed a more detailed project narrative including barge loading operation, anchoring systems, term of the project, and the loading schedule. Staff recommended that action on this case be postponed until the July, 1997 regular meeting to allow the applicant to provide the additional information requested. According to Borough Code, the Commission needed to provide a determination on a CUP request within 30 days of the public hearing, unless the applicant agreed to a further extension. Mr. Scholze further reported that the Commission had expressed a desire to make a P & Z Minutes: June 18, 1997 Page 2 of 13 site visit to the proposed rock extraction site, which was tentatively scheduled for July 3. Announcements would be placed in the newspaper, as well as being advertised on the radio. COMMISSIONER SCHEIDLER MOVED TO POSTPONE action on Case 97- 008 until the July, 1997 regular Commission meeting, and to schedule it for a public hearing. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Peeev SmithSmith, Brechan Enterprises employee, appeared before the Commission and stated that she felt the line of communication between the residents of Anton Larsen Bay and Brechan was lacking, and that if the residents had concerns or wanted questions answered, they could contact Brechan with those concerns. She stated that the current procedures used for blasting were not as disruptive as previous blasting procedures. She added that, within a few years, the site would restore itself to what it currently looks like. She also was concerned that, if this CUP was not approved, the community would lose jobs. Colleen Nevin. Anton Larsen Island resident, appeared before the Commission and stated that she didn't feel the Commission and staff were aware of the impact that the reopening of the quarry would have on the community, recreational users, wildlife (specifically, the Arctic Terns), marine life and boaters in Anton Larsen Bay. She felt there were other locations that could be explored for this type of rock extraction, such as Shakmanof Bay and Kizhuyak Bay, and expressed her opposition to the CUP request. Nick Troxell, Anton Larsen Bay property owner, appeared before the Commission and expressed opposition to this request. His concerns were about the protection from the wind that was provided by the site, and felt the blasting would be disruptive to migratory birds, tourists, residents and the environment. He also felt other locations were available to quarry. John Nevin, Anton Larsen Island resident, appeared before the Commission and expressed opposition to this request. He felt the quarry would distract from the peaceful, natural setting of the area, and that he and other residents lived there because of the lifestyle they chose. He felt the proposed quarry site provided protection from high winds. He reported that high winds had once taken the roof off of his house. He was also concerned about the potential for damage from blasting, since his fishing boat had been pierced by a piece of "fly rock" during P & Z Minutes: June 18, 1997 Page 3 of 13 operation of the quarry in the early 80's, requiring a damage claim and insurance adjustment. Bruce Short, Anton Larsen Bay resident, appeared before the Commission and expressed opposition to this request. He was living there the last time the quarry was in operation, and was disrupted by the 24-hour per day blasting and operation. He felt there was no regard for the residents and that the operation damaged critical habitat. He encouraged the use of an alternate quarry site, and felt that responsible development was important. He felt the short term profit was a poor trade off, and that was not what planning should be based on. Ed Mahoney, Anton Larsen Bay property owner, believed there was a public camp site and a trail which went through the middle of the area and felt it was worth looking into. He thought there would be a great amount of dust generated from the project, and was opposed to the request. Don Dumm, Anton Larsen Bay resident, appepared before the Commission and expressed his opposition to the request. He was not opposed to the breakwater project in Ouzinkie, but did not want to see the Anton Larsen Bay quarry reopened. He felt there were other locations that the agent had for quarry options. He felt the agent should be required to go through a DGC review and obtain a Corps permit. Martha Randolnh, Anton Larsen Bay property owner, appeared before the Commission and expressed her opposition to the request. She felt that reopening the quarry would have a detrimental impact on the residents. She was concerned about who would monitor the site and felt the agent should explore other options. Marie Chandler, Anton Larsen Bay resident, appeared before the Commission and expressed her opposition to the request. She was concerned about the noise from the blasting, about spoiling the protected harbor and about the potential for birds being disrupted and leaving the area. She does not want the residents to suffer as a result of the reopening of the quarry. Laura Bell Olsen -Angel, Anton Larsen Bay resident, appeared before the Commisison and expressed her opposition to the request. She stated that she was a grand -daughter of Anton Larsen. She had built her cabin there in 1961 and had lived there ever since then, and her mother, Laura Olsen, was born in Anton Larsen Bay. Myrtle Olsen, Anton Larsen Bay resident, appeared before the Commission and expressed her opposition to the request. She was concerned about losing protection from the south east wind. P & Z Minutes: June 18, 1997 Page 4 of 13 Caroll Mahoney, Anton Larsen Bay property owner, appeared before the Commission and expressed her opposition to this request. She felt there were other locations that could be explored. Russell Pruitt, Brechan Enterprises employee, appeared before the Commission to express support for this request. He felt that the rock pit at Bells Flats was being run properly and was not disruptive, and that the operation at Anton Larsen Bay could be run as well. He thought that providing local jobs was good for Kodiak's economy and that if appropriate guidelines were followed, there would be minimal impact to the environment. Lila Schwantes, part-time Anton Larsen Bay resident, appeared before the Commission to express opposition to this request. She lived in Bells Flats near the rock pit and found that operation disruptive and inconvenient due to the blasting that took place there. She encouraged the Commissioners to visit the Anton Larsen Bay site. Bill Oliver, representing Brechan Enterprises, stated that the value of the Anton Larsen Bay quarry site is not only the quality of the granite there, but also it's accessability, which was the reason the other sites were not being pursued. He felt having the quarry there might provide small granite pieces which could possibly provide material for local road improvements. He had received copies of the letters from ADNR ADEC, and ADFG and was aware of the need to obtain a tideland use permit. The process of filling out the appropriate forms for permitting through the Division of Governmental Coordination had been initiated. Responding to questions from the Commissioners, Mr. Oliver stated that the quarry would employ approximately 12 people and that they would agree to reasonable conditions concerning blasting times. He assured the Commission that severance tax for the rock removal would be paid on volumetric measure which would allow them to monitor the amount of rock removed, that no rock would be placed in the water, and that the area would not be leveled. Tom Schwantes, Anton Larsen Bay property owner, appeared before the Commission to express opposition to this request. He referred to the requirements for granting a CUP and felt that opening the quarry would very much affect the value, spirit, character and integrity of the area. He said that he currently lives in Bells Flats and that the machinery and blasting from the nearby rock pit are disruptive. Okey Chandler, Anton Larsen Bay property owner, telephoned in to express opposition to the request. He felt there were other locations that were available to obtain granite, and they should be pursued. P & Z Minutes: June 18, 1997 Page 5 of 13 David Lee Wag=, photographer, kayaker and two (2) year Kodiak resident, appeared before the Commission to express opposition to this request. He enjoys the quiet atmosphere and the wildlife in Anton Larsen Bay and felt opening the quarry would be very disruptive and detrimental to recreation and tourism use of the bay. He did not feel that the short term profit outweighed the long term disruption. Vicki Jo Kennedy telephoned in to express her opposition to this request. She hoped the Commission would heed the concerns of the residents of Anton Larsen Bay. Susan Payee, Anton Larsen Bay resident, appeared before the Commission to express opposition to this request. She had several concerns to express to Brechan: 1) How will the workers and equipment come and go from the site? 2) What is the length of time for the project? 3) Didn't feel jobs lost would be an issue ... that there would be work for these employees at other projects in Kodiak. 4) Didn't feel that people traveling to a lodge would want to travel by a quarry site. She felt the noise and flying rock would have a great impact on her family. She was concerned that removing the rock would remove the windbreak, and felt that granting the CUP would not preserve the spirit, value, character and integrity of the area. Maggie Wall called in and reported that she lived near the rock pit in Bells Flats and that there was a lot of dust generated as well as noise from blasting and the equipment at the site. Russell Pruitt responded to Ms. Wall's comments concerning blasting in Bells Flats and pointed out that Brechan was not responsible for that. He believed that AK Construction was getting rid of some old blasting powder during that time and that it was not a general practice to blast in the rock pit. Eric Linscheid appeared before the Commission to express his opposition to this request. He encouraged them to pursue another site for rock extraction. He did not feel that the project would meet the special district regulations in the Borough Code. Public Hearing Closed. Regular Session Opened. CHAIR FRIEND asked staff about the proposed site visit. MR. SCHOLZE responded that a tentative date had been set for July 3, which would replace the July 2 worksession. When that date was confirmed, notices would be published in the newspaper as well as announced on the local radio stations. P & Z Minutes: June 18, 1997 Page 6 of 13 The question was called and the motion CARRIED by unanimous roll call vote. COMMISSIONER SELIG returned to the dias. B) Case 97-009. Request for a conditional use permit, in accordance with Section 17.13.040.D (Conditional Uses) of the Borough Code, to permit a temporary camp for more than 6 clients, consisting of tents, barracks, and a banya, to be located in the C-Conservation zoning district, near Settlement Point (and at various other archaeological sites), on the south shore of Afognak Island. BOB SCHOLZE indicated 7 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request subject to 3 conditions. COMMISSIONER SCHEIDLER reported that she was the Finance Director for the applicant and requested a conflict of interest determination. CHAIR FRIEND determined that COMMISSIONER SCHEIDLER did have a conflict and excused her from the dias for this case. COMMISSIONER SELIG reported that he was a shareholder of the applicant, but that it was determined that he would have no personal financial gain as a result of this decision. CHAIR FRIEND confirmed that he had researched the situation and agreed with the determination that COMMISSIONER SELIG had no conflict of interest for this case. COMMISSIONER STEWART MOVED TO GRANT a request for a conditional use permit in accordance with Section 17.13.040.D (Conditional Uses) of the Borough Code to permit a temporary camp for more that six (6) clients, consisting of tents, barracks, three "nushniks" and a banya, to be located in the C- Conservation zoning district, at the Katenai Site near Settlement Point on the south shore of Afognak Island; subject to the conditions of approval contained in the staff report dated June 6, 1997; and to adopt the findings contained in that staff report as "Findings of Fact' for this case. CONDITIONS OF APPROVAL 1. This conditional use permit is issued for a maximum of forty (40) occupants (visitors plus staff) at any one time. Occupancy will be allowed P & Z Minutes: June 18, 1997 Page 7 of 13 to exceed forty only after further review and approval at public hearing by the Commission. 2. The applicant must obtain ADEC approval and "notice to operate" for drinking water filtration and treatment, and for the gray water disposal system. 3. The applicant must provide a legal description by aliquot parts, metes and bounds, or bearings and distances of the camp area, consisting of no less than five (5) acres, to which the CUP applies. FalIZIIBZCef-TO�1_ XO0N 17.67.05 A. That the conditional use will preserve the value spirit character and integrity of the surrounding area. The operation of the camp supporting archeological exploration at Settlement Point is seasonal and, most likely, temporary. Minimal impact is ensured, not only by the short-term of operation, but also by the very nature of the principal activity to respectfully and methodically uncover the past. In this way, the value, spirit character and integrity of the surrounding area is not only preserved, but, in fact, enhanced. 1VK*K112AH1 Mt .1, , 1. F=- 'ill11=11 foer&?&ri,,re to the conditional use i-f questio-(, This proposed conditional use is consistent with both the intent of KIBC 17.67.010 (CUP) requiring compatibility of the activity with the surrounding area, and also KIBC 17.13.010 addressing the description and intent of the C- Conservation zoning district which provides for limited commercial land uses. It is also consistent with the special district regulations of the C-Conservation zoning district in KIBC 17.13.090 since impact on the natural environment is minimal and natural features will be preserved intact. 17,67.05 C. That g ar nting the conditional use permit will not be harmful to the public health. safety. convenience and comfort. The granting of the conditional use permit will not be harmful to the public health, safety, convenience and comfort since there are, essentially, no neighbors or adjacent land uses in the area. Measures have been taken to protect public health and safety of visitors with the installation of a well water filtration and treatment system serving the camp. Monthly lab testing of drinking water is scheduled. A gray water disposal system is also a part of the camp design. P & Z Minutes: June 18, 1997 Page 8 of 13 section, Minimum lot area and setback requirements are well exceeded. Natural buffering is provided by trees and topography. The camp supporting the archeological exploration is seasonal and temporary, as well as very remote, and there is no potential for conflicts with surrounding neighbors or adjacent land uses. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Mary Patterson, agent for the applicant, appeared before the Commission and expressed support for this request. She presented staff with additional information which she felt would meet some of the conditions of approval. Public Hearing Closed. Regular Session Opened. The question was called and the motion CARRIED by unanimous roll call vote. COMMISSIONER SCHEIDLER returned to the dias. C) Case S97-008. Request for preliminary approval of the subdivision of Tract T-IA, U.S. Survey 3218, creating Lots 1-5, Block 5, and Lot 4A, Block 3, Killarney Hills Sudivision and Tract T-IA-1, U.S. Survey 3218, and creating a ten foot (10') wide drainage easement on Lot 13, Block 3, Killamey Hills Subdivision. 2910 Mill Bay Road and 3275 Woody Way Loop. BOB SCHOLZE indicated 51 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request subject to 3 conditions. COMMISSIONER SELIG MOVED TO GRANT preliminary approval to the subdivision of Tract T-IA, U.S. Survey 3218, creating Lots 1-5, Block 5, and Lot 4A, Block 3, Killarney Hills Subdivision and Tract T-lA-1, U.S. Survey 3218, and creating a ten (10) foot wide drainage easement on Lot 13, Block 3, Killarney Hills Subdivision, subject to the conditions of approval contained in the staff report dated May 30, 1997, and to adopt the findings in that staff report as "Findings of Fact" for this case. P & Z Minutes: June 18, 1997 Page 9 of 13 CCONDITIONS OF APPROVAL 1. Create a twenty -foot (20) wide utility easement extending ten (10) feet on each side of the lot line common to proposed Lots 1 and 2, Block 5 to provide for relocation of water and sewer lines serving the convent on Tract T-lA. Absent a utility easement covering the existing service lines to the convent, should those lines cross one of the lots proposed to be created by this plat, the sewer and water service lines to the convent must be relocated to this newly created twenty foot wide easement prior to final plat approval. 2. Create an access easement for the benefit of proposed Tract T-IA-1 across the northwest portion of proposed Lot 4A, Block 5 covering the existing gravel driveway providing access from Hilary Lane to the rear of the church and the school. 3. Provide a five (5) foot wide utility easement on the front of proposed Lots 1-5, Block 5 along Murphy Way and Hilary Lane as requested by KEA. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Laquita Yatsik, home owner on Hilary Lane, appeared before the Commission and expressed opposition to this request. She stated that there were covenants that existed on the lots in Killarney Hills when they purchased their home in 1973, that placed certain restrictions on the lots and homes in the subdivision. She felt the new proposed lots were half the size of the existing lots and said there was supposed to be a cul-de-sac at the end of Hilary Lane so there would not be through traffic related to the church. She presented staff with a copy of the covenant rules she referenced. P & Z Minutes: June 18, 1997 Page 10 of 13 Ley Ossowski, representing agent Alan Schmitt who could not be present, appeared before the Commission and expressed support for this request. He stated that Mr. Schmitt requested postponement of the case if there were any questions or concerns that needed to be addressed. Mr. Ossowski stated that they were trying to obtain preliminary approval of this request during the improvements and paving of Murphy Way, Hilary Lane and Woody Way Loop so the water and sewer services could be stubbed out prior to paving. Ed Mahoney appeared before the Commission and stated that he felt the case should be postponed. Public Hearing Closed. Regular Session Opened. The Commissioners discussed the covenant presented by Ms. Yatsik. They agreed that the new information should be researched prior to making a decision. COMMISSIONER HANCOCK MOVED TO POSTPONE ACTION on Case S97-008 until the July, 1997 regular meeting and schedule it as a public hearing. The motion to POSTPONE was seconded and CARRIED by unanimous roll call vote. D) Case S97-009. Request for preliminary approval of the vacation of Tract B, U.S. Survey 3465 and Lot 18, U.S. Survey 3466, and replat to Tract B-1, U.S. Survey 3465 and Lot 18A, U.S. Survey 3466. Backside of Dark Lake. BOB SCHOLZE indicated 23 public hearing notices were mailed for this case and 3 were returned, 2 stating no objection and 1 requesting ownership information of Tract B. Staff recommended approval of this request subject to 2 conditions. COMMISSIONER HANCOCK MOVED TO GRANT preliminary approval to the vacation of Tract B, U.S. Survey 3465 and Lot 18, U.S. Survey 3466, and replat to Tract B-1, U.S. Survey 3465 and Lot 18A, U.S. Survey 3466, subject to the conditions of approval contained in the summary statement dated June 18, 1997 and to adopt the findings in the staff report dated May 30, 1997 as "Findings of Fact' for this case. CONDITION OF APPROVAL 1. Plat a ten (10) foot wide utility easement, five (5) feet on either side on the existing underground cable on proposed Tract B-1, U.S. Survey 3465 and proposed Lot 18A, U.S. Survey 3466, as indicated. P & Z Minutes: June 18, 1997 Page 11 of 13 2. Plat a utility easement a minimum of ten (10) feet on each side of the water and sewer lines crossing Tract B-1. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. The question was called and the motion CARRIED by unanimous roll call vote. VII. OLD BUSINESS A) Case 95-023. Planning and Zoning Commission review of additional changes to Chapter 17.36 (Existing Nonconforming Uses and Structures) of the Borough Code (Initially recommended for approval by the Commission on April 30, 1997, and postponed from the May 21,1997 regular meeting). BOB SCHOLZE indicated that a revised draft in ordinance form was presented for the Commission's consideration. Staff recommended forwarding this revised draft to the Assembly with a recommendation of approval. COMMISSIONER SCHEIDLER MOVED TO FORWARD REVISED Draft #5 of the proposed changes to Chapter 17.36 (Existing Nonconforming Uses and Structures) of the Borough Code, as presented in draft ordinance format, to the Borough Assembly with a recommendation of approval. The motion was SECONDED and CARRIED by unanimous roll call vote. P & Z Minutes: June 18, 1997 Page 12 of 13 VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS COMMISSIONER SELIG MOVED TO ACKNOWLEDGE RECEIPT of item A of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Letter dated June 4, 1997 to Ken Warner, Warner Tire, from Tom Bouillion, RE: Parking plan for Lots 5 & 6, Block 4, Airpark Subdivision There were no further communications. X. REPORTS Staff reported upcoming meetings. COMMISSIONER HANCOCK MOVED TO ACKNOWLEDGE RECEIPT of reports. The motion was seconded and CARRIED by unanimous voice vote. There were no further reports. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS XIII. ADJOURNMENT CHAIR FRIEND adjourned the meeting at 9:15 p.m. PLANNING In ATTEST By: -- Eileen Probasco, Secretary Community Development Department KODIAK Jerrol Friend, Chair P & Z Minutes: June 18, 1997 Page 13 of 13