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2004-05-19 Regular Meetingr N KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING MAY 19, 2004 MINUTES L 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 May 19, 2004 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Jerrol Friend — Chair Cheryl Boehland Gary Carver Casey Janz David King Reed Oswalt A quorum was established. Commissioners not present Dennis McMurry Others Present Michelle R. Stearns, Director Community Development Dept. Duane Dvorak, Associate Planner Community Development Dept. Erin Whipple, Secretary Community Development Dept. COMMISSIONER BOEHLAND MOVED TO EXCUSE Commissioner McMurry. The motion was SECONDED by COMMISSIONER KING and CARRIED by unanimous voice vote. III. APPROVAL OF AGENDA COMMISSIONER CARVER MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER BOEHLAND, and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER OSWALT MOVED TO APPROVE the minutes of April 21, 2004 Planning and Zoning Commission regular meeting as submitted. The motion was SECONDED by COMMISSIONER KING, and CARRIED by unanimous voice vote. P & Z Minutes: May 19, 2004 Page I of 9 V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. VII. PUBLIC HEARINGS A) Case 04-005. Request for a conditional use permit, in accordance with KIBC 17.67, allowing non -recreational gravel extraction on a portion of Lot IA, USS 2878. COMMISSIONER CARVER asked to be excused due to a conflict of interest. Chair Friend granted the approval with no objections. STAFF recommended approval of this request. COMMISSIONER OSWALT MOVED TO grant a conditional use permit, in accordance with K113C 17.67, allowing non -recreational gravel extraction on a portion of Lot 1A, USS 2878, subject to the conditions of approval contained in the staff report dated May 1lth, 2004; and to adopt the findings contained in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. The proposed extraction of the gravel is to be undertaken in conformity with the narrative and graphic materials submitted for this request by the applicant; (a) Volume of gravel is limited to fifty thousand (50,000) cubic yards. (b) Term is limited to 20 years. (c) Allowable hours of operation are from 6:30 AM to 7:00 PM six days per week. (d) "Truck Crossing" signs to be posted on the Chiniak Highway during hours of operation. (e) Applicant is required to reclaim the site by using existing overburden, establishing finished slopes no steeper than a 2:1 ratio, and replanting with native vegetation. 2. Extraction of gravel will not take place below an elevation sufficient to allow sediment -laden pit water from becoming a source of suspended sediment contamination downstream from the pit (see "Carver Report" page 6). 3. Provide revised topographical maps of the extraction site; 1) as it currently exists and, 2) as it is proposed to be after extraction and reclamation. The revised maps should clearly indicate contour elevations with a minimum indicated interval of five (5) feet. P & Z Minutes: May 19, 2004 Page 2 of 9 4. Provide a re -vegetation plan that indicates specifically the type and quantity of soil coverage and species of plant material to be re-established on the site by seeding as generally indicated in the reclamation plan. 5. Provide a site plan that shows the proposed location of ingress and egress points to the extraction site. Obtain approval from the Alaska Department of Transportation and Public Facilities, if needed, for any traffic control signage or dust control measures that will be undertaken within the State of Alaska controlled right-of-way. 6. The site shall be re -contoured in conformity with a final grading/site plan to be reviewed and approved by the Building Official prior to the initiation of material extraction activities. FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value, spirit character and integrity of the surrounding area. The site has been disturbed by other extraction activities in the past. Prior reclamation appears to have been nonexistent. A number of years passed before natural vegetation was able to substantially reclaim the site after the last extraction activity. It appears to be the intent of the applicant in this case to properly reclaim and to restore the site to its' natural condition, based on general references contained in the narrative reclamation plan. 17.67.05 B. That the conditional use fulfills all other reouirements of this chanter ertaining to the conditional use in question It appears from the materials submitted by the applicant that the conditional use will fulfill all other requirements of the C- Conservation zoning district. A more detailed site plan is recommended, as a condition of approval, to show existing and proposed contours for the site. In addition, the site plan should show planned access points, at a minimum. 17.67.05 C. That wanting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. The site is to be re -contoured in conformity with applicable Borough grading requirements. This will ensure that no unsafe or impractical slopes are left remaining on the site, which may endanger the public health and safety. Signage notifying the public of truck traffic is to be posted during periods of operation. Site development and actual pit design shall be guided by the scientific principles and recommendations contained in "The Carver Report". P & Z Minutes: May 19, 2004 Page 3 of 9 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 applicant has provided assurances that options allowing alternate routing of truck traffic are on going and are expected to be successful. 17.67.05 E. If the permit is for a public use or structure, the commission must find that the proposed use or structure is located in a manner, which will maximize public benefits. This conditional use permit is not for the purpose of supplying a public need. The motion was SECONDED by COMMISSIONER JANZ. Regular session closed. Public hearing opened: Mike Anderson. Agent for Applicant: Objected to Condition of Approval #2. Hearing and seeing none. Public hearing closed. Regular session opened: COMMISSIONER BOEHLAND MOVED TO AMEND the motion to change Condition of Approval #lb to add "with staff review every 5 years." The motion was SECONDED by COMMISSIONER JANZ. The question was called, and the amendment FAILED unanimously. COMMISSIONER KING MOVED TO AMEND the motion to remove Condition of Approval #2. The amendment was SECONDED by COMMISSIONER OSWALT. The question was called on the amendment and CARRIED four (4) yeas to one (1) nay. Commissioner Boehland was the nay. The question was called on the amended main motion and CARRIED by unanimous roll call vote. B) Case S03-029. Request for preliminary approval, in accordance with KIBC 16.40, of the replat of Tracts A, B, and C, T31S, R22W, Seward Meridian, P & Z Minutes: May I9, 2004 Page 4 of 9 creating Lots 1 to 13, T31S, R22W, Seward Meridian. (Postponed by the petitioner from the January 21, 2004 regular meeting agenda) STAFF indicated seven (7) public hearing notices were distributed for this case with none being returned prior to the meeting. Staff recommended approval of this request subject to the Conditions of Approval that were recommended in the April staff report. Staff reminded the Commission that there was a standing motion and amendment on the floor. Those motions are as follows: COMMISSIONER KING MOVED TO grant preliminary approval to the subdivision of a portion of Tract A, Section 1, T31S, R22W, Seward Meridian, as reflected on Plat 88-45, creating Warner's Saltery Cove Subdivision, Lots 1 through 13, subject to the conditions of approval contained in the staff memorandum dated April 14, 2004, and to adopt the findings contained in the same staff memorandum as findings of fact for this case. CONDITIONS OF APPROVAL 1. Place a note on the final plat as follows: a. "The covenants applicable to this subdivision may differ from the applicable provisions of the Kodiak Island Borough zoning code, and other applicable borough codes. Landowners in this subdivision are advised to consult with and obtain appropriate permitting from the KIB Community Development Department prior to developing lots in this subdivision to ensure compliance with all applicable borough codes." 2. Place a note on the final plat as follows: a. "Portions of this subdivision are designated wetlands under the jurisdiction of the U.S. Army Corps of Engineers. Prior to development, each landowner is responsible for contacting the COE with their development plan to ensure that proposed development is appropriately addressed by a general or individual wetlands permit if required." 3. Obtain a waiver from the KIB Engineering and Facilities Director for the 50 foot road right-of-way width, as requested by ADNR, which is 10 feet less than the 60 foot local road standard of the Kodiak Island Borough. 4. Prior to final plat approval, the subdivider will secure from the Alaska Department of Natural Resources a minimum 50-foot wide access easement, described by survey description, covering the existing dirt road that provides P & Z Minutes: May 19, 2004 Page 5 of 9 access from the Saltery Cove Road right-of-way to the Warner's Saltery Cove Subdivision. 5. The subdivider shall demonstrate that each lot has the capability to meet the wastewater disposal standards of ADEC and have access to adequate amount of potable water for domestic purposes per KIBC 16.70.020.B. Should certain lots only be able to meet the wastewater disposal standards of ADEC by the implementation of a non -conventional alternative disposal system, that lot (or lots) shall be identified on the face of the plat as requiring a non - conventional wastewater disposal system. 6. Prior to final plat approval, provide a copy of the bylaws governing the conduct of Home Owner Association business for non-public hearing review by the Planning and Zoning Commission. 7. The proposed covenants may be amended at the request of the Borough Attorney as to form and content, however, any substantial changes to the covenants will require another appearance before the Planning and Zoning Commission as an item of Old Business. FINDINGS OF FACT 1. With conditions of approval and the grant of a waiver for road ROW width, 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. The motion was SECONDED by COMMISSIONER BOEHLAND. COMMISSIONER OSWALT MOVED TO AMEND the main motion to change condition of approval #3 to state that the road right-of-way width will be 60 feet in width. The motion was SECONDED by COMMISSIONER CARVER. The question was called on the amendment and FAILED five nays to one yea. Commissioner Oswalt was the yea. COMMISSIONER CARVER MOVED TO AMEND the main motion to Alternative #3, as indicated in the staff supplement dated May 10, 2004 and the staff memorandum dated April 14, 2004, to amend condition of approval #3 and require the preliminary plat to be redesigned with road rights -of -way meeting the full 60 foot local road standard as set forth in KIBC 16.80.030.A, however, the subdivider will obtain a waiver from the KIB Engineering and Facilities Director, P & Z Minutes: May 19, 2004 Page 6 of 9 L to permit an alternate solution to the construction of a borough standard road within the designated 60 foot road rights -of -way. The motion was SECONDED by COMMISSIONER OSWALT. The question was called on the amendment and CARRIED five yeas to one nay. Commissioner King was the nay. The question was called on the main motion and CARRIED five yeas to one nay. Commissioner King was the nay. C) Case SO4-008. Request for preliminary approval, in accordance with KIBC 16.40, of vacation and replat of Lot 5A-1 and Lot 16 A, Block 2, Leite Addition creating Lot 5B and Lot 16 A-1, Block 2 Leite Addition. STAFF indicated one hundred twenty (120) public hearing notices were distributed for this case with one (1) being returned in favor of the request and one (1) returned stating no objection. Staff recommended approval of this request. COMMISSIONER BOEHLAND MOVED TO grant preliminary approval, in accordance with KIBC 16.40, of the vacation and replat of Lot 5A-1 and Lot 16 A, Block 2, Leite Addition creating Lot 5B and Lot 16 A-1, Block 2, Leite Addition, subject to the conditions of approval in the Staff Report dated May 17th, 2004, and to adopt the findings in that staff report as "Findings of Fact' for this case. The motion was SECONDED by COMMISSIONER KING. Regular session closed. Public hearing opened: Jerimiah Myers, Applicant: Spoke in favor of his request and presented himself 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. P & Z Minutes: May 19, 2004 Page 7 of 9 VIII. OLD BUSINESS A) Womens Bay Open House Update — Staff updated the Commission on the next steps in the community plan process, including the work session scheduled for June 2, 2004. B) Chiniak Request for Proposal update IX. NEW BUSINESS A) "GIS Data Acquisition for Assessment and Planning to Protect Womens Bay Watershed Resources" grant award report. Staff outlined the projects this grant would pay for. X. COMMUNICATIONS A) Letter dated April 20, 2004 to Mr. Wm Loy & Ms. Leona Loy from Martin Lydick regarding Aleutian Subdivision, Block 7, Lot 4. There were no further communications. COMMISSIONER CARVER MOVED TO ACKNOWLEDGE RECEIPT of item A of Communications. The motion was SECONDED by COMMISSIONER KING, and CARRIED by unanimous voice vote. XI. REPORTS A) Meeting schedule: ■ June 2, 2004 special work session to discuss the Womens Bay Planning process and results of the May 101h town meeting, 7:00pm in the KIB conference room. ■ June 9, 2004 work session at 7:30 p.m. in the KIB Conference room. ■ June 16, 2004 regular meeting at 7:30 p.m. in the Assembly Chambers. There were no further reports. COMMISSIONER CARVER MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMMISSIONER BOEHLAND, and CARRIED by unanimous voice vote. XII. AUDIENCE COMMENTS There were no audience comments. P & Z Minutes: May 19, 2004 Page 8 of 9 XIII. COMMISSIONERS' COMMENTS a COMMISSIONER OSWALT: Stated that he hoped everyone in the Kodiak Island Borough realizes all roads should be 60 feet wide. COMMISSIONER JANZ: Stated how pleased she was with the work staff has done, including their grant acquisitions. COMMISSIONER KING: Said that on nice days the meetings should be moved outside. COMMISSIONER CARVER: Complimented staff on the Womens Bay Comp Plan project. COMMISSIONER BOEHLAND: Thanked staff for all their work. COMMISSOINER FRIEND: Thanked staff for all their work. IX. ADJOURNMENT CHAIR FRIEND ADJOURNED the regular meeting at 9:48 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION LON ATTEST LED Erin Whipple, Secretary Community Development Department DATE APPROVED: July 21, 2004. Jerrol Friend, Chair P & Z Minutes: May 19, 2004 Page 9 of 9