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2004-02-18 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING FEBRUARY 18, 2004 MINUTES I. 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 February 18, 2004 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Jerrol Friend - Chair Cheryl Boehland Casey Janz David King Dennis McMurry A quorum was established. Commissioners not present Gary Carver Reed Oswalt Others Present Michelle Stearns, Director Community Development Dept. Duane Dvorak, Director Community Development Dept. Erin Whipple, Secretary Community Development Dept. JANZ MOVED TO EXCUSE Commissioners Oswalt & Carver. The motion was SECONDED by COMMISSIONER MCMURRY and CARRIED five yeas to one nay by roll call vote. Commissioner Boehland was the nay. III. APPROVAL OF AGENDA COMMISSIONER BOEHLAND MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER KING MOVED TO APPROVE the minutes of January 21, 2004 Planning and Zoning Commission regular meeting as submitted. The motion was P & Z Minutes: February 18, 2004 Page 1 of 14 SECONDED by COMMISSIONER BOEHLAND, and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Pam Foreman, Parks and Recreation Committee Chair: Spoke regarding the trail survey that will be mailed out later in February. VII. PUBLIC HEARINGS A) Case 03-023. Request for a conditional use permit, in accordance with KI13C 17.67, allowing an ADEC approved portable soil treatment facility to be located and operated on a portion of Section 32, T29S R18W and a portion of Section 5, T30S R18W, Seward Meridian. (Postponed from the January 21, 2004 meeting) STAFF reported nine public hearing notices were distributed for this case with one being returned asking questions regarding the request. Staff recommended approval of this request subject to eleven conditions of approval as contained in the supplemental staff report dated February 11, 2004. The following motion was made and seconded at the January 21, 2004 meeting and remained on the floor: COMMISSIONER KING MOVED TO grant a conditional use permit, in accordance with KIB Code Section 17.13.040 H. (Conditional uses), to permit a soil remediation facility to be located on a portion of Section 32, T29S, R18W and a portion of Section 5, T30S R18W, Seward Meridian, an area known a Miller's Airfield, subject to the conditions of approval contained in the staff report dated January 9, 2003; and to adopt the findings contained in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. This CUP approval is granted subject to written approval by ADEC of an operations plan as specified by the applicable provisions of 18.AAC.78, detailing a facility diagram and process description, and addressing contaminated soil containment, site monitoring procedures, confirmation sampling of treated soil, initial assessment of background contamination, and closure assessment. Failure to process soils according to ADEC's satisfaction will invalidate this CUP. 2. The CUP is valid until January 21, 2007, unless renewed or amended prior to that time by the Planning and Zoning Commission after a new public hearing. The quantity of material that may be remediated at this site is P & Z Minutes: February 18, 2004 Page 2 of 14 restricted to 5,000 tons unless the CUP granted here is specifically amended to increase the quantity of contaminated material to remediate. 3. The soil remediation facility will be removed from the property and the site cleaned up consistent with ADEC plan approval by January 21, 2007, unless the Commission as provided for in Condition #2 extends the CUP. 4. An engineered fill plan must be submitted for approval prior to utilization of remediated soil for fill on site if the depth of fill exceeds five (5) feet in any location. 5. Strict compliance is required with the applicable coastal consistency determination from the Alaska Department of Natural Resources, OPMP (formerly the Division of Governmental Coordination (DGC)) and with applicable Alaska Coastal Management (ACMP) review requirements based on that determination. 6. No soil can be brought from off island for remediation at this facility unless the Commission amends the permit after a new public hearing. 7. To ensure protection of adjacent lands, strict compliance with the applicable provisions of Alaska Wastewater Disposal Regulations (18 AAC 72) addressing soil storage and treatment cells, and with the EPA's Spill Prevention Control and Countermeasure Requirements addressing fuel storage tanks is required. 8. Placement and connection of all electrical and mechanical facilities shall be inspected and approved as to design and installation by the Kodiak Building Official and Fire Marshall, as applicable. 9. The contaminated soil storage site will not exceed the existing size as approximated on the site plan dated October 2003 and submitted for review as part of this case, unless the petitioner requests an amendment of the CUP to increase the amount of material to be remediated or the size of the mobilization area. If the storage site is enlarged, a more detailed site plan will be required to show the precise dimensions, volumes, handling considerations, etc. 10. The operator will copy the Community Development Department with all correspondence and soil test results that are required to be submitted to ADEC as part of the operation of the soil remediation facility. When facility operation is underway, a quarterly report of volume of contaminated soil remediated will be submitted to the CDD for inclusion into the CUP case file. Q. FINDINGS OF FACT P & Z Minutes: February 18, 2004 Page 3 of 14 17.67.05 A. That the conditional use will preserve the value, spirit character and integrity of the surrounding area. Strict application of the controls and safeguards required by the conditions of approval will ensure preservation of the value, spirit, character and integrity of the surrounding area. This property is well suited for the proposed activity, well away from any residential neighborhood. State statutes and regulations exercise control over offsite and portable contaminated soil treatment facilities, including approval by the State Department of Environmental Conservation (ADEC) of an operations plan before the facility can be assembled and placed in operation, and before any contaminated soil can be delivered to a site 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. Based on the site plan and other supporting documentation, it appears that, with the requirement for compliance with an operations plan approved by ADEC, the conditional use permit will fulfill all other requirements of Chapters 17.67 and 17.13 of Borough Code. Parking and vehicular circulation requirements are satisfied. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. ADEC will approve the operations plan only with assurance that the operations are protective of human health, safety, and welfare, and of the environment. CUP approval granted subject to approval of the operations plan by ADEC will provide an additional measure of assurance that concerns about human and environmental health and welfare are satisfactorily addressed. Also required by ADEC is a quality assurance plan to ensure that only petroleum -contaminated soils containing no toxic waste are brought to the site for remediation. 17.67.05 D. That sufficient setbacks. lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The Commission can require whatever screening or buffering it finds appropriate to preserve the value, spirit, character and integrity of the surrounding area. In this case, staff has not found it necessary to recommend buffering or screening since there are essentially no other adjacent uses within %, mile. The motion was SECONDED by COMMISSIONER CARVER. COMMISSIONER BOEHLAND MOVED TO AMEND the main motion to replace the Condition of Approval and Findings of Fact with those from the February 11, 2004 staff report. CONDITIONS OF APPROVAL P & Z Minutes: February 18, 2004 Page 4 of 14 Q- 1. This CUP approval is granted subject to written approval by ADEC of an operations plan as specified by the applicable provisions of 18.AAC.78, detailing a facility diagram and process description, and addressing contaminated soil containment, site monitoring procedures, confirmation sampling of treated soil, initial assessment of background contamination, and closure assessment. Failure to process soils according to ADEC's satisfaction will invalidate this CUP. 2. The CUP is valid until August 31, 2004. 3. The quantity of material that may be remediated at this site is restricted to 5,000 tons. 4. The soil remediation facility will be removed from the property and the site cleaned up consistent with ADEC plan approval by September 30, 2004. 5. An engineered fill plan must be submitted for approval prior to utilization of remediated soil for fill on site if the depth of fill exceeds five (5) feet in any location. All fill areas will be in accordance with the Site Restoration and Revegetation plan as indicated in the Memorandum dated 4 Feb 2004 from Sig Jokiel, Project Manager, ChemTrack, LLC. 6. Strict compliance is required with the applicable coastal consistency determination from the Alaska Department of Natural Resources, OPMP (formerly the Division of Governmental Coordination (DGC)) and with applicable Alaska Coastal Management (ACMP) review requirements based on that determination. 7. No soil can be brought from off site for remediation at this facility. 8. To ensure protection of adjacent lands, strict compliance with the applicable provisions of Alaska Wastewater Disposal Regulations (18 AAC 72) addressing soil storage and treatment cells, and with the EPA's Spill Prevention Control and Countermeasure Requirements addressing fuel storage tanks is required. 9. Placement and connection of all electrical and mechanical facilities shall be inspected and approved as to design and installation by the Kodiak Building Official and Fire Marshall, as applicable. 10. The contaminated soil storage site will not exceed the existing size as approximated on the site plan dated October 2003 and submitted for review as part of this case. P & Z Minutes: February 18, 2004 Page 5 of 14 11. The operator will copy the Community Development Department with all correspondence and soil test results that are required to be submitted to ADEC as part of the operation of the soil remediation facility. When facility operation is underway, a quarterly report of volume of contaminated soil remediated will be submitted to the CDD for inclusion into the CUP case file. FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value, spirit character and integrity of the surrounding area. Strict application of the controls and safeguards required by the conditions of approval will ensure preservation of the value, spirit, character and integrity of the surrounding area. This property is well suited for the proposed activity, well away from any residential neighborhood. State statutes and regulations exercise control over offsite and portable contaminated soil treatment facilities, including approval by the State Department of Environmental Conservation (ADEC) of an operations plan before the facility can be assembled and placed in operation, and before any contaminated soil can be delivered to a site 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. Based on the site plan and other supporting documentation, it appears that, with the requirement for compliance with an operations plan approved by ADEC, the conditional use permit will fulfill all other requirements of Chapters 17.67 and 17.13 of Borough Code. Parking and vehicular circulation requirements are satisfied. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. ADEC will approve the operations plan only with assurance that the operations are protective of human health, safety, and welfare, and of the environment. CUP approval granted subject to approval of the operations plan by ADEC will provide an additional measure of assurance that concerns about human and environmental health and welfare are satisfactorily addressed. Also required by ADEC is a quality assurance plan to ensure that only petroleum -contaminated soils containing no toxic waste are brought to the site for remediation. 17.67.05 D. That sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The Commission can require whatever screening or buffering it finds appropriate to preserve the value, spirit, character and integrity of the surrounding area. In this case, staff has not found it necessary to recommend buffering or screening since there are essentially no other adjacent uses within % mile. The motion was SECONDED by COMMISSIONER JANZ. P & Z Minutes: February 18, 2004 Page 6 of 14 Regular session closed. Public hearing opened: Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the amendment CARRIED by unanimous roll call vote. The question was called on the amended main motion and CARRIED by unanimous roll call vote. B) Case SO4-002. Request for preliminary approval, in accordance with KIBC 16.40, of the replat of Elderberry Heights Subdivision 3`d Addition, Block 5, Lots 14 and 15 and the vacation, in accordance with K113C 16.60, of a ten (10) foot sewer easement, located five feet on each side of the lot line between lots 14 & 15, and the vacation of a ten (10) foot sewer easement, located along the southwest lot line of lot 15, creating Elderberry Heights Subdivision 3`d Addition, Block 5, Lot 14A. STAFF indicated sixty (60) public hearing notices were distributed for this case with one being returned expressing no opposition. Staff recommended approval of this request subject to two conditions of approval. COMMISSIONER BOEHLAND MOVED TO grant preliminary approval, in accordance with KIBC 16.40, of the replat of Elderberry Heights Subdivision 3`d Addition, Block 5, Lots 14 and 15 and the vacation, in accordance with KIBC 16.60, of a ten (10) foot sewer easement, located five feet on each side of the lot line between lots 14 & 15, and the vacation of a ten (10) foot sewer easement, located along the southwest lot line of lot 15, creating Elderberry Heights Subdivision 3`d Addition, Block 5, Lot 14A, and to adopt the findings in that staff report as "Findings of Fact' for this case. CONDITIONS OF APPROVAL [1] The Applicant must file a Kodiak Island Borough Code Title 16 conforming plat, depicting the vacation, within twenty four (24) months of Assembly approval of the vacation in order for this vacation to be effective per Kodiak Island Borough Code 16.60.040 B. [2) The application for vacation must be reviewed by the Kodiak City Council prior to becoming final. P & Z Minutes: February 18, 2004 Page 7 of 14 FINDINGS OF FACT E1. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.020. 2. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.030 A and B. 3. This request provides a vacation of a utility easement(s) that is consistent with adopted Borough plans for this area. 4. This request for vacation does not unduly diminish the public's interests. 5. This request for vacation does not unduly prejudice surrounding private property interests. The motion was SECONDED by COMMISSIONER KING. Regular session closed. Public hearing opened: Ann Kjera, applicant: Spoke in favor of her request and presented herself for questions. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. C) Case 04-001. Request for a site plan review, per K113C 17.33.020, of the proposed Potato Patch Lake Wildlife Viewing and Water Quality Improvement Project, which includes a wildlife viewing platform, boardwalk, informational kiosk and other related facilities in support of the use. East Addition, Block 50, Lots 1 and 2 and East Addition, Block 55, Lot 13. STAFF indicated one hundred thirty-five (135) public hearing notices were distributed for this case with one being returned in favor of the request and one opposing the request. Staff recommended approval of this request subject to one condition of approval. COMMISSIONER KING MOVED TO approve a detailed site plan, per KIBC 17.33.020, of the proposed Potato Patch Lake Wildlife Viewing and Water Quality Improvement Project, which includes a wildlife viewing platform, boardwalk, informational kiosk and other related facilities in support of the use, located on Lots 1 and 2, Block 50 East Addition and Lot 13, Block 55, East P & Z Minutes: February 18, 2004 Page 8 of 14 Q, Addition, subject to one (1) condition of approval as included in the staff report dated February 10, 2004. The motion was SECONDED by COMMISSIONER BOEHLAND. Regular session closed. Public hearing opened: Linda Freed, City Manager, applicant's agent: Outlined the proposed project and presented herself for questions. Leslie Ken-, neighborhood resident: Spoke in favor of this request. Unknown, neighborhood resident: Spoke in favor of this request. Clarence Selig, Kodiak City resident: Spoke in favor of this request. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. D) Case 04-002. Request for a land disposal, per KIBC 18.20.030, of an unsubdivided portion of Borough land located in Section 33, T24S R24W, Onion Bay, Raspberry Island for fair market value. STAFF indicated four (4) public hearing notices were mailed for this case, with none being returned prior to the meeting. Staff reviewed a supplemental memorandum written by Bob Scholze, Appraiser/Resource Manager recommending reduction of the proposed disposal property to 1.79 acres. COMMISSIONER JANZ MOVED TO adopt the following resolution containing a recommendation to the Borough Assembly regarding a request for a land disposal, per Kodiak Island Borough Code 18.20.030. The motion was SECONDED by COMMISSIONER BOEHLAND. Regular session closed. Public hearing opened: Perry Page: Expressed concerns over the disposal of this land without an open bid process. P & Z Minutes: February 18, 2004 Page 9 of 14 Clarence Selia: Spoke regarding an adjustment of the size of the property disposal. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. E) Case S03-030. Request for a vacation, in accordance with KIBC 16.60, of a portion of the undeveloped Perenosa Drive right-of-way. STAFF indicated that fifty-seven (57) public hearing notices were distributed for this case with four being returned in favor of the request and one opposing the request. Staff reported that additional information had been provided by the applicant since the January meeting, including a revised proposal, but that no additional staff review had taken place on this additional material. Staff recommendation from the January 5, 2004 was denial of this request. Staff Michelle Stearns emphasized that the recommendations provided in the staff report did not take into consideration the recent information provided by the applicant. Commissioner Friend clarified that staff recommendations provided are based on the original application and that the recent applicant submission had not yet been reviewed by staff. Commissioner Boehland expressed concern over making a decision based on "old" information when there is "new" information available. Commissioner Friend stated that the Commission had the new information in front of them. Commissioner Boehland expressed concern that it had not been reviewed by staff yet. Staff Michelle Stearns reiterated that staff does not have any recommendations on any of the new information the Commission had received. The only staff recommendations are based on the original recommendation. COMMISSIONER MCMURRY MOVED TO grant preliminary approval, in accordance with KIBC 16.60, of the vacation of a portion of the undeveloped Perenosa Drive right-of-way, as depicted on the Petitioner's map, subject to three (3) conditions of approval contained in the staff report dated January 5"i, 2004, and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL P & Z Minutes: February 18, 2004 Page 10 of 14 [1] This vacation of right-of-way is subject to Kodiak Island Borough Assembly veto per Kodiak Island Borough Code 16.60.060 A. [2] The Applicant must file a Kodiak Island Borough Code Title 16 conforming plat, depicting the vacation, within twenty four (24) months of Assembly approval of the vacation in order for this vacation to be effective per Kodiak Island Borough Code 16.60.040 B. [3] The designation "Right of Way for Public Purposes" shall appear on the face of the plat. FINDINGS OF FACTS 1. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.020. 2. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.030 A and B. 3. This request provides a vacation of a portion of a public right of way that is consistent with adopted Borough plans for this area. 4. This request for vacation does not unduly diminish the public's interests. 5. This request for vacation does not unduly prejudice surrounding private property interests. The motion was SECONDED by COMMISSIONER KING. Regular session closed. Public hearing opened: Mike Anderson, applicant: Spoke in favor of his request and presented his justifications for this request. Mr. Anderson stated that Perenosa Drive was originally platted to provide access to the adjoining properties in Kadiak Alaska Subdivision 1st Addition. He stated that the subsequent construction of Rezanof, Sharatin, Sitkinak, Tugidak, Chirikoff and Katmai have provided constructed access to all those properties except one. He then stated that two portions of Perenosa have already been vacated, one for a public park and one for subdivision purposes. He does not feel the remaining portion of Perenosa will be developed. He then read the letter dated February 11, 2004 that was distributed to the Commission at the February 11, 2004 work session. In summary, Mr. Anderson encouraged the Commission to adopt the alternative motion in their packet which recommends approval of this vacation and adopt the findings of fact presented by the staff in that staff report (dated January 5, 2004). Commissioner Boehland questioned the problem with using Perenosa onto Sitkinak for access. She expressed concern over access directly onto Rezanof, which is primarily a highway with higher speeds. Mr. Anderson stated that if P & Z Minutes: February 18, 2004 Page 11 of 14 Perenosa to Sitkinak were used people would still be entering Rezanof at the Perenosa intersection. He considers that to be a congested intersection. He followed this saying that if the vacation is granted then access to and from the proposed Christian school would be separate, built to state standards, it would enter Rezanof at a 90 degree angle and he feels it has a tremendous line of site. He stated that if the vacation is not granted then the same traffic would be routed though Sitkinak. Commissioner Boehland then asked why these issues weren't addressed when the subdivisions around Perenosa were being designed. Mr. Anderson stated that it was because Perenosa and several other roads were platted before Rezanof was built. Rezanof Drive caused a land removal from several of the lots along the new road but none of the other roads were vacated at the time. Dan Rohrer, representative for neighboring property owner: Spoke in favor of this request and the reasoning behind Kodiak Christian School's support for this request. Mr. Rohrer questioned proposed Condition of Approval number three regarding the designation of right-of-way for public purposes. Staff explained that based on the January proposal, which was for the entire vacation of Perenosa Drive, as depicted on the submittal, but also proposing an easement, Condition of Approval number 3 was in response to Public Work's comment requiring a right- of-way for public utilities. Dick Rohrer: Spoke in favor of this request. Hearing and seeing none. Public hearing closed. Regular session opened: Commissioner King spoke regarding Mr. Anderson's referral to the freight company located on Sitkinak Dr. Mr. King represents the freight company and feels that increased traffic on Sitkinak could be a problem with the freight trucks that come and go. Commissioner Boehland asked the difference between a driveway access and a road. Commissioner Janz commented that she thinks a driveway access to the school instead of accessing to Sitkinak would be the safer route. There was general conversation amongst the Commissioners regarding the school bus traffic in the area and the potential bus traffic when the Christian school goes it. Commissioner McMurry commented that he thinks a private access to the Christian school property is the most sensible. Q, The question was called, and the motion CARRIED by unanimous roll call vote. P & Z Minutes: February 18, 2004 Page 12 of 14 VIII. OLD BUSINESS A) Larsen Bay Comprehensive Plan Update — Larsen Bay meeting rescheduled to February 19th —215' B) Womens Bay Comprehensive Plan Update C) Chiniak Comprehensive Plan Update D) DNR Draft Kodiak Area Plan Update — Staff reported that DNR will be holding a meeting on March 8, 2004 @ 7:00pm in the High School commons. IX. NEW BUSINESS A) Parks & Recreation Committee Trail Survey X. COMMUNICATIONS A) National Weather Service invitation to the City of Kodiak TsunamiReady and StormReady recognition event. B) Letter dated January 26, 2004 to Jerrol Friend from Ryan P. Johnson regarding non- conforming home regulations. C) Letter dated January 30, 2004 to Bruce Phelps from Michelle R. Stearns regarding Public Review Draft Kodiak Area Plan for State Lands dated November 2003. There were no further communications. COMMISSIONER BOEHLAND MOVED TO ACKNOWLEDGE RECEIPT of item A through item C of Communications. The motion was SECONDED by COMMISSIONER KING, and CARRIED by unanimous voice vote. XI. REPORTS STAFF reported the following meeting schedule: • February 27, 2004 Chiniak Comp Plan Seeping Meeting 7:00pm — 9:00pm.. ■ March 10, 2004 work session at 7:30 p.m. in the KIB Conference room. • March 17, 2004 regular meeting at 7:30 p.m. in the Assembly Chambers. There were no further reports. No vote was taken to accept reports. Q, P & Z Minutes: February 18, 2004 Page 13 of 14 XII. AUDIENCE COMMENTS Perry Page: Thanked the Commission and Community Development Staff for their work. Stated that the American flag should always be displayed on the left. John Miller: Spoke regarding case 03-023, the DNR Comprehensive Plan and the upcoming Chiniak comprehensive planning process. XIII. COMMISSIONERS' COMMENTS BOEHLAND: Spoke regarding case 03-023. COMMISSIONER FRIEND: Stated that he was pleased with the feedback received from all applicants on this month's cases. IX. ADJOURNMENT CHAIR FRIEND ADJOURNED the regular meeting at 9:25p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONINCr COMM 4 SION I� ATTEST By: Erin Whipple, Secret Community Development Department DATE APPROVED: March 17, 2004. Chair P & Z Minutes: February 18, 2004 Page 14 of 14