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2004-01-21 Regular Meeting I I I I. ~ IElCEU'MIE~ ~ MAY - 6 .. BOROUGH CLERK'S OFFICE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISS REGULAR MEETING JANUARY 21,200 MINUTES CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by COMMISSIONER FRIEND on January 21, 2004 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Others Present Michelle Steams, Director Community Development Dept. Erin Whipple, Secretary Community Development Dept. Duane Dvorak, Associate Planner Community Development Dept. Cheryl Boehland Gary Carver J errol Friend Casey J anz Dave King Dennis McMurry A quorum was established. Commissioners not present Reed Oswalt COMMISSIONER MCMURRY MOVED TO EXCUSE Commissioner Oswalt.. The motion was SECONDED by COMMISSIONER CARVER and CARRIED by unanimous voice vote. A) Election of Chair and Vice Chair COMMISSIONER MCMURRY MOVED TO OPEN nominations for Chair. The motion was SECONDED by COMMISSIONER CARVER and CARRIED by unanimous voice vote. Commissioners Jerrol Friend and Cheryl Boehland were nominated for chair. COMMISSIONER CARVER MOVED TO CLOSE nominations for chair. P & Z Minutes: January 21,2004 Page 1 of 10 I I I IV. The motion was SECONDED by COMMISSIONER MCMURRY and CARRIED by unanimous voice vote. Votes were made by secret ballot and Jerrol Friend was elected, five votes to one. COMMISSIONER MCMURRY MOVED TO OPEN nominations for vice chair. The motion was SECONDED by COMMISSIONER CARVER and CARRIED by unanimous voice vote. Commissioners David King and Cheryl Boehland were nominated for vice chair. COMMISSIONER CARVER MOVED TO CLOSE nominations. The motion was SECONDED by COMMISSIONER MCMURRY and CARRIED by unanimous voice vote. V otes were made by secret ballot and Cheryl Boehland was elected, four votes to two. III. APPROVAL OF AGENDA COMMISSIONER BOEHLAND MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER MCMURRY, and CARRIED by unanimous voice vote. MINUTES OF PREVIOUS MEETING COMMISSIONER CARVER MOVED TO APPROVE the minutes of the November 19, 2003 Planning and Zoning Commission regular meeting as submitted. The motion was SECONDED by COMMISSIONER BOEHLAND, and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Murphy Forner, Parks & Recreation Committee Member: Spoke in favor of the Parks & Recreation Committee's recommendation regarding the DNR area plan. VII. PUBLIC HEARINGS A) Case S03-028. Request for a vacation, in accordance with KIBC 16.60, of a ten (10) foot utility easement located along the southerly lot line of Lot 5, Block 3, Port Lions Subdivision Third Addition. P & Z Minutes: January 21,2004 Page 2 of 10 I I I STAFF reported fourteen (14) public hearing notices were distributed for this case with none being returned prior to the meeting. Staff noted that a supplement had been provided to the Commission from the applicant stating no objection to Staffs recommendation. Staff recommended approval of this request subject to two conditions of approval. COMMISSIONER BOEHLAND MOVED TO grant preliminary approval, in accordance with KIBC 16.60, of the vacation of the northerly five (5) feet of the southerly ten (10) foot utility easement along the southerly boundary of Lot 5 Block 3, Port Lions Subdivision, 3Td Addition, subject to the conditions of approval contained in the staff report dated January 51\ 2004, and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL [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. FINDINGS OF FACT 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 utility easement 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 CARVER. Regular session closed. Public hearing opened: Hearing and seeing none. Public hearing closed. P & Z Minutes: January 21,2004 Page 3 of 10 I I I Regular session opened: The question was called, and the motion 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, creating Lots 1 to 13, T31S, R22W, Seward Meridian. STAFF indicated eight (8) public hearing notices were distributed for this case. Staff stated that a request had been received from the applicant asking that this case be postponed. Staff recommended postponement. COMMISSIONER CARVER MOVED TO postpone Case S03-029 until such time as the applicant provides the Community Development Department with additional information pertinent to this case. The motion was SECONDED by COMMISSIONER JANZ. Regular session closed. Public hearing opened: 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 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 fifty-seven (57) public hearing notices were distributed for this case. Staff stated that a request had been received from the applicant requesting postponement. Staff recommended postponement. COMMISSIONER JANZ MOVED TO postpone Case S03-030 until such time as the applicant provides the Community Development Department with additional information pertinent to this case. The motion was SECONDED by COMMISSIONER BOEHLAND. Regular session closed. Public hearing opened: Hearing and seeing none. P & Z Minutes: January 21,2004 Page 4 of 10 I I I Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. D) Case 03-023. Request for a conditional use permit, in accordance with KIB Code Sections 17.13.040 H. and 17.67 (Conditional use), to allow the operation of an ADEC approved portable soil remediation facility, to be located on a portion of Section 32, T29S, R18W, Seward Meridian. STAFF indicated nine (9) public hearing notices were mailed for this case, with one (1) being returned with questions regarding the application. Staff recommended approval of this request subject to ten (10) conditions of approval. 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 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. P & Z Minutes: January 21,2004 Page 5 of 10 I I I 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 EP A'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 eXIstmg 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 contarninated 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 P & Z Minutes: January 21,2004 Page 6 of 10 I I I 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 12 mile. The motion was SECONDED by COMMISSIONER CARVER. Regular session closed. Public hearing opened: Perry Page, Chiniak resident: Stated his concerns regarding this request. John Miller, Chiniak resident: Stated his concerns regarding this request. Hearing and seeing none. Public hearing closed. Regular session opened: P & Z Minutes: January 21,2004 Page 7 of 10 I I I The Commission requested Sig Jokiel, agent for the applicant, answer questions from the Commission. COMMISSIONER CARVER MOVED TO postpone this case until the February regular meeting of the Planning & Zoning Committee and to direct staff to address the Commission's concerns with revised conditions of approval. COMMISSIONER JANZ SECONDED the motion. The question was called, and the motion CARRIED by unanimous roll call vote. VIII. OLD BUSINESS A. Discussion of Planning & Zoning meeting procedures. Staff reviewed the packet review procedures as discussed in the memo dated January 8, 2004 and presented the proposed revised applicant letters designed to help alleviate concerns with the current packet review procedures. B. DNR Kodiak Area Plan Update. COMMISSIONER CARVER MOVED TO ADOPT Planning & Zoning Resolution 2004-01. COMMISSIONER MCMURRY SECONDED the motion and it carried by unanimous roll call vote. C. Larsen Bay Comprehensive Plan Update. Staff presented the memorandum regarding "Larsen Bay Comprehensive Community Planning Process" and invited Commissioner participation in this planning process, which is being coordinated with the Kodiak Island Housing Authority. IX. NEW BUSINESS A. Chiniak Comprehensive Plan Update Process. Staff presented a brief presentation on status of this planning process. The Commission decided to plan for a community-scoping meeting in Chiniak on February 27,2004 with a back-up date of March 12,2004. X. COMMUNICATIONS P & Z Minutes: January 21,2004 Page 8 of 10 I I I A) Letter dated November 3, 2003 to Martin Lydick from Charles Lorenson regarding compliance review, US 3100, Lot 11. B) Letter dated December 11, 2003 to Kurt Esvelt from Duane Dvorak regarding notice of denial. C) Letter dated December 22, 2003 to Marv Smith from Michelle R. Steams regarding designation of representative to Alaska Coasta District Association. D) Letter dated December 23, 2003 to Kurt Esvelt from Duane Dvorak regarding clarification of 12/11/03 letter relating to the denial of zoning compliance and the discussion of related parking issues. E) Womens Bay Comprehensive Plan - Phase II-Revised Scope of Work. F) Letter dated January 8, 2004 to the Commission from the Department of Transportation regarding the draft Non-Metropolitan Local Official Consultation Process. There were no further communications. COMMISSIONER CARVER MOVED TO ACKNOWLEDGE RECEIPT of item A through item F of Communications. The motion was SECONDED by COMMISSIONER KING, and CARRIED by unanimous voice vote. XI. REPORTS STAFF reported the following meeting schedule: . February 11, 2004 work session at 7:30 p.m. in the KIB Conference room. . February 18, 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 JANZ, and CARRIED by unanimous voice vote. XII. AUDIENCE COMMENTS John Miller, Chiniak resident: Comprehensive Plan. Spoke regarding case 03-023 and the DNR XIII. COMMISSIONERS' COMMENTS COMMISSIONER BOEHLAND: Welcomed the new members and thanked staff for the efforts. Welcomed Dennis back. P & Z Minutes: January 21,2004 Page 9 of 10 I I I COMMISSIONER CARVER: Welcomed the new commISSIoners and thanked the Mayor and Assembly for the appointments. Spoke regarding applicants moving forward with projects prior to receiving pertinent permits. COMMISSIONER MCMURRY: Welcomed the new members and thanked the Assembly for his reappointment. COMMISSIONER KING: Thanked the commission for their welcoming. COMMISSIONER JANZ: Stated that she was glad to be on the Commission and looked forward to working with the Commission and the Community Development Department. COMMISSIONER FRIEND: Welcomed David & Casey. Stated that he expected the Commission to work as a team, even when they have different points of view. IX. ADJOURNMENT CHAIR FRIEND ADJOURNED the regular meeting at 9:07 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZO~~~SION By: / y/ J errol Friend, Chair ATTEST By: p - .. t. ' 0. \ /l-N'\ fl L:) ~~~-Q Erin Whipple, Secretary Community Development Department DATE APPROVED: February 18, 2008. P & Z Minutes: January 21,2004 Page 10 of 10