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2005-01-19 Regular Meeting \~ KODIAK ISLAND BOROUGH PLANNING AND-ZONING COMMlSS REGULAR MEETING JANUARY 19,2005 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 January 19, 2005 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Others Present Martin Lydick, Associate Planner Community Development Dept. Erin Whipple, Secretary Community Development Dept. Jerrol Friend - Chair Gary Carver Casey J anz David King Reed Oswalt Commissioners Absent: Dennis McMurry One vacant seat A quorum was established. COMMISSIONER KING MOVED TO EXCUSE Commissioner McMurry. COMMISSIONER OSWALT SECONDED the motion. The question was called and CARRIED by unanimous voice vote. III. APPROVAL OF AGENDA COMMISSIONER KING 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 OSWALT MOVED TO APPROVE the minutes of the December 15, 2004 Planning and Zoning Commission regular meeting as submitted. The motion was SECONDED by COMMISSIONER OSWALT and CARRIED by unanimous voice vote. P & Z Minutes: January 19, 2005 Page 1 of 13 v. AtffiIEN€E-C-eMME-N'f-8-ANJl-AP-PEARANCE REQUESTS Dawn Erdman Black: Read a letter into record regarding mobile home park code. VII. PUBLIC HEARINGS A) Case 04-013. Request for a similar use determination, in accordance with KIBC 17.03.090.A, and a conditional use permit, in accordance with KIBC 17.67.020.B, to allow a soil remediation facility on Lot 6, Seaview Subdivision. STAFF reported six (6) public hearing notices were distributed for this case with none being returned prior to the meeting. Staff recommended approval of the similar use determination and the conditional use permit. SIMILAR USE DETERMINATION A motion remained on the floor from the December 15, 2004 regular meeting. It was as follows: COMMISSIONER KING MOVED TO grant a similar use determination in accordance with KIBC 17.03.090, to permit a soil remediation facility on Lot 6, Seaview Subdivision, as a use similar in terms of character and impact to the conditional use specified in KIBC 17.24.020.F for petroleum or flammable liquid production, refining or storage, subject to any conditions determined to be appropriate through the conditional use process provided by KIBC 17.67 Conditional Use Permits, and to adopt the findings in the staff report dated December 8, 2004 in support of this determination. FINDINGS 1. The proposed soil remediation use is similar in terms of the character and impact to a "petroleum production, refining or storage" use as provided in KIBC 17.24.020.F, because both processes are used to convert petroleum products from one form into another through the application of high temperatures, both uses involve the storage of petroleum products onsite, both uses have similar emissions and both uses are generally subject to ADEC regulations subject to certain variations based upon the scale of the use. The motion was SECONDED by COMMISSIONER BOEHLAND. Regular session closed. Public hearing opened: P & Z Minutes: January 19, 2005 Page 2 of 13 , v. A-lffiIE-NCE COMME-N-};s--AND--AP~CE REQYESTS Dawn Erdman Black: Read a letter into record regarding mobile home park code. VII. PUBLIC HEARINGS A) Case 04-013. Request for a similar use determination, in accordance with KIBC 17.03.090.A, and a conditional use permit, in accordance with KIBC 17.67.020.8, to allow a soil remediation facility on Lot 6, Seaview Subdivision. STAFF reported six (6) public hearing notices were distributed for this case with none being returned prior to the meeting. Staff recommended approval of the similar use determination and the conditional use permit. SIMILAR USE DETERMINATION A motion remained on the floor from the December 15, 2004 regular meeting. It was as follows: COMMISSIONER KING MOVED TO grant a similar use determination in accordance with KIBC 17.03.090, to permit a soil remediation facility on Lot 6, Seaview Subdivision, as a use similar in terms of character and impact to the conditional use specified in KIBC 17.24.020.F for petroleum or flammable liquid production, refining or storage, subject to any conditions determined to be appropriate through the conditional use process provided by KIBC 17.67 Conditional Use Permits, and to adopt the findings in the staff report dated December 8, 2004 in support of this determination. FINDINGS 1. The proposed soil remediation use is similar in terms of the character and impact to a "petroleum production, refining or storage" use as provided in KIBC 17.24.020.F, because both processes are used to convert petroleum products from one form into another through the application of high temperatures, both uses involve the storage of petroleum products onsite, both uses have similar emissions and both uses are generally subject to ADEC regulations subject to certain variations based upon the scale of the use. The motion was SECONDED by COMMISSIONER BOEHLAND. Regular session closed. Public hearing opened: P & Z Minutes: January 19,2005 Page 2 of 13 Kevin Arndt. Applicant's Agent: 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. CONDITIONAL USE PERMIT COMMISSIONER JANZ MOVED TO approve a conditional use permIt 111 accordance with KillC 17.67, to permit a soil remediation use to be established on Lot 6, Seaview Subdivision which is located in the I-Industrial zoning district, subject to the conditions of approval contained in the staff report dated December 8,2004, and to adopt the findings 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 18.AAC.78.273 and 18.AAC.75.365 detailing an engineered 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. Prior to operations of this facility, the applicant must contact ADNR to determine whether a coastal consistency determination is required and satisfy applicable Alaska Coastal Management (ACMP) review requirements if it is determined that a consistency review is necessary. 3. An engineered fill plan must be submitted for approval prior to utilization of any remediated soil for fill on the site. 4. To ensure protection of nearby tidelands, strict compliance with the State's Wastewater Disposal Regulations (18 AAC 72.600) addressing soil storage and treatment cells, and with the EP A's Spill Prevention Control and Countermeasure Requirements addressing fuel storage tanks is required. 5. This CUP is valid until December 31 S\ 2007, unless renewed prior to that by the Commission at public hearing. Any expansion or enlargement in scope of the operation beyond what has been specifically described in the CUP P & Z Minutes: January 19, 2005 Page 3 of 13 application narrative dated September 30, 2004, is not permitted lmless first approved by the Commission at public hearing. 6. The contaminated soil storage on the site shall not exceed a total of 1,000 tons, from all sources, as indicated in the narrative submittal dated September 30, 2004. 7. When the soil remediation facility is operating, a quarterly report of volume of contaminated soil remediated and the associated test results to ADEC will be submitted to the CDD for inclusion into the file for this case. 8. Should the soil remediation facility be removed from the Lot 6, Seaview Subdivision for any reason the site will be cleaned up consistent with the ADEC Operations Plan within 60 days of demobilizing the equipment. 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 and with good traffic access. State statues exercise strict 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 accompanying narrative description of the use, 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 KIBC 17.67 (Conditional Use Permit) and KIBC 17.24 (Industrial Zone) of Borough Code. Parking and vehicular circulation requirements are satisfied, and good access and visibility exists for truck ingress and egress to and from the highway. 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 a determination 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 a measure of assurance that concerns about human and environmental health and welfare are satisfactorily addressed. Also required by P & Z Minutes: January 19, 2005 Page 4 of 13 ADEC is an engineered Surface Water Management Plan and a quality assurance ~ to guarantee only petroleum-contaminated soils containing no tOXIC waste are ght-te 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 non-industrial uses adjacent to the treatment cell operations. In addition, the site will be setup approximately 100 feet back from the public road and at a different elevation than the road. COMMISSIONER JANZ SECONDED the motion. Regular session closed. Public hearing opened: Kevin Arndt, Applicant's Agent: Presented himself for questions. Hearing and seeing none. Public hearing closed. Regular session opened: COMMISSIONER OSWALT MOVED TO AMEND the motion by changing conditional of approval number five to allow the time frame of the Conditional Use Permit to run concurrent with the approval from the Alaska Department of Environmental Conservation. The question was called on the amendment and CARRIED by unanimous roll call vote. The question was called on the amended mam motion and CARRJED by unanimous roll call vote. B) Case S04-025. Request for preliminary approval, in accordance with KIBC 16.40, of the subdivision of Selief Estates, Block 2, Lot 2 creating Selief Estates, Block 2, Lot 21A and Lots 22,23 and 24. STAFF indicated forty-six (46) public hearing notices were distributed for this case with none being returned. Staff recommended approval of the request. COMMISSIONER OSWALT MOVED TO grant preliminary approval, in accordance with KIBC 16.40, of the subdivision of Selief Estates, Block 2, Lot 2 P & Z Minutes: January 19,2005 Page 5 of I3 creating Selief Estates, Block 2, Lot 21 A and Lots 22-24, subject to the conditions of approval contained in the staff report for Subdivision Case S04-025, and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Create a five (5) foot utility easement extending along the northern lot lines of proposed Lots 22 and 24, and incorporate this utility easement into the triangular utility easement now shown on the northern lot line of proposed Lot 23. 2. Include a "plat note" on the subdivision restricting driveway construction to proposed Lot 22 to the forty (40) most southwestern feet of the Beaver Lake Drive frontage. 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 by COMMISSIONER JANZ. Regular session closed. Public hearing opened: Hearing and seeing none. Public hearing closed. Regular session opem~d: The question was called and the motion CARRIED by unanimous roll call vote. C) Case 04-015. Request for a conditional use permit, in accordance with KillC 17.67, allowing a gravel quarry located within sections 14, 15, & 22 township 30 south range 20 west seward meridan. STAFF indicated ten (10) public hearing notices were distributed for this case with none being returned. Staffrecommended approval of the request. COMMISSIONER OSWALT MOVED TO POSTPONE this request until further information was received from Bill Muzika with Quality Asphalt. P & Z Minutes: Januarv 19. 2005 Page 6 of 13 The motion was SECONDED by COMMISSIONER CARVER. Regular session closed. Public hearing opened: Hearing and seeing none. Public hearing closed. Regular session opened: COMMISSIONER CARVER MOVED TO AMEND the motion to postpone this to the February 16, 2005 regular meeting. COMMISSIONER JANZ SECONDED the amendment The question was called on the amendment CARRIED by unanimous roll call vote. The question was called on the amended mam motion and CARRIED by unanimous roll call vote. D) Case S04-023. Request for preliminary approval, in accordance with KIBC 16.60, of a vacation of portions of an un-constructed cul-de-sac at the end of Stellar Way "Alley" Right-of-Way (and other related access easements); and, preliminary approval, in accordance with KIBC 16.40, of the replat of Lot 1 A, Block 30 and Lot 9, Block 31, East Addition, creating Lot 1B, Block 30 and Lot 9B, Block 31, East Addition. STAFF indicated fifty-one (51) public hearing notices were mailed for this case with one (1) being returned prior to the meeting stating no objection. Staff recommended approval of both the right-of-way vacation and the subdivision portion of this request. VACATION COMMISSIONER JANZ MOVED TO grant preliminary approval of the vacation of portions ofthe Stellar Way cul-de-sac which will provide 925.1 square feet to proposed Lot IB, Block 30, East Addition and provide 343.7 square feet to proposed Lot 9B, Block 31, East Addition; and the vacation of a portion of a 10 foot wide "strip of land" easement which will add 509.8 square feet to proposed Lot 1B, Block 30, East Addition, subject to one condition of approval and to adopt the findings in the staff report dated January 11, 2005 as findings of fact in this case. P & Z Minutes: January 19,2005 Page 7 of 13 eONDITI~~~PROVAL 1. The vacation must be forwarded to the City Council for review prior to final plat approval. The motion was SECONDED by COMMISSIONER KING. 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. SUBDIVISION COMMISIONER JANZ MOVED TO grant preliminary approval of the replat of Lot lA, Block 30 and Lot 9, Block 31, East Addition as indicated on the preliminary plat dated November 8, 2004, creating Lots 1 B, Block 30 and 9B, Block 31, East Addition, and to adopt the findings in the staff report dated] anuary 11, 2005 as findings of fact in this case. FINDINGS OF FACT (applicable to both motions) 1. This request for replat meets the minimum data required per Kodiak Island Borough Code 16.40.040, generally. 2. This request for replat meets the minimum design requirements per Kodiak Island Borough Code 16.40.050, generally. 3. This request provides a vacation of a utility easement that is consistent with adopted 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. COMMISSIONER KING SECONDED the motion. The question was called and the motion CARRIED by unanimous roll call vote. P & 7. Minutes: Januarv 19. 2005 P<lPP X of I j E) Case S04-024. Request for preliminary approval, in accordance with KIBC 16.40, of the replal uf a pUI lion of U.S. Survcy 3945 and a replat of Lots 48-50, Block 19, Kodiak Townsite, creating La Follette Estate. STAFF indicated that nine (9) public hearing notices were distributed for this case with none returned prior to the meeting. Staff recommended approval of this request. COMMISSIONER CARVER MOVED TO grant preliminary approval of the replat of U.S. Survey 3495 and the replat of Lots 48, 49 and 50, Block 19, Kodiak Townsite, creating La Follette Estate, and to adopt the finding in the staff report dated January 12, 2005 as findings of fact for this case. FINDINGS OF FACTS 1. This request for replat meets the minimum data required per Kodiak Island Borough Code 16.40.040, generally. 2. This request for replat meets the minimum design requirements per Kodiak Island Borough Code 16.40.050, generally. 3. This request for replat meets the minimum requirements of Kodiak Island Borough Code Title 17, generally. The motion was SECONDED by COMMISSIONER OSW AL T. 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. F) Case 04-017. Request for a variance, per KIBC17.66.01O, from the requirements ofKIBC17.24.040 - Yards, paragraphs A, B, & C, to permit the existing building to encroach 10.5 feet into the 30 foot front yard setback, 13.4 feet into the north side-yard setback, 18.3 into the east rear-yard setback, 16.9 feet into the south side-yard setback, and 1.2 into west side-yard setback. STAFF indicated nine (9) public hearing notices were distributed for this request with none being returned prior to the meeting. P & Z Minutes: January 19, 2005 Page 9 of 13 COMMISSIONER OSWALT MOVED TO grant vanances trom the requirements of KIBC 17.24.040, in accordance with KIBC 17.66, to allow the existing building to encroach 10.5 feet into the 30 foot front yard setback, 13.4 feet into the north side-yard setback, 18.3 into the east rear-yard setback, 16.9 feet into the south side-yard setback, and 1.2 into west side-yard setback; and to adopt the findings in the staff for Variance Case No. 04-017, as "Findings of Fact" for this case. FINDINGS OF FACT 17.66.050 A.l. Exceotionalohvsical circumstances or conditions aoolicabLe to the orooertv or intended use of develooment. which f!enerally do not aooly to other properties in the same land use district. The parcel subject to this request is a remainder parcel negatively impacted by topography and location. 17.66.050 A.2. Strict aoolication of the zoninf! ordinances would result 111 oractical difficulties or unnecessary hardshios. Strict application of the zoning district standards would result in uneconomically developable area of approximately one hundred thirty seven (137) square feet. 17.66.050 A.3. The grantinf! of the variance will not result in material damages or orejudice to other orooerties in the vicinity nor be detrimental to the oublic's health. safetv and welfare. No material damage to the abutting lot will result from a grant of setback variance(s) to this property. Redevelopment of this property will require any construction to be undertaken in accordance with current Building Codes and Fire Marshall review. 17.66.050 AA. The f!rantinf! of the variance will not be contrary to the objectives of the Comprehensive Plan. The 1968 Comprehensive Plan identifies this area as Industrial. The intended use (post redevelopment) is in support of water-oriented uses located directly across the street. 17.66.050 A. 5. That actions ofthe aoolicant did not cause soecial conditions or financial hardshio from which relief is being souf!ht by the variance. The applicant's actions, in this case, will result in increased financial investment and return an uneconomic parcel to the tax rolls should the relief sought be granted. P /& 7 Minntp!,:: Januarv 19.2005 Page 10 of 13 . 17.66.050 A.6. That the granting o(the variance will not permit a orohibited land use in the district iw.'oh'cd. The applicant proposes to use the redeveloped parcel for the purpose of storage of commercial fishing & related gear. This is a permitted use within the I - Industrial Zoning District. The motion was SECONDED by COMMISSIONER JANZ. Regular session closed. Public hearing opened: Stosh Anderson, Applicant: 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. VIII. OLD BUSINESS There was no old business. IX. NEW BUSINESS A) Site plan review of a development plan for the Bayside Fire Department, III accordance with KJBC 17.33. COMMISSIONER OSWALT MOVED TO approve the detailed site plan for an existing fire station and related fire training facilities proposed for development on proposed Lot 3A, Block 5, Miller Point Alaska Subdivision. COMMISSIONER JANZ SECONDED the motion. The question was called and carried by unanimous roll call vote. B) Review of plat 2004-09, Raven Hills Subdivision, per request from the Kodiak Island Borough Assembly to include the platting procedure and other possible subdivision alternatives. COMMISSIONER OSWALT MOVED TO postpone this request until the February 16, 2005 regular meeting. COMMISSIONER KING SECONDED the motion. P & Z Minutes: January 19,2005 Page J I of 1 j ~ The question was called and carned by unammous roll call vote. C) Election of Chair & Vice-Chair. Jerro1 Friend was elected unanimously as chair. David King was elected unanimously as vice-chair. X. COMMUNICATIONS A) Letter dated December 10, 2004 to Mr. Shawn Dillon from Martin Lydick, Associate Planner, regarding Notice of Violation. B) Letter dating December 9, 2004 to Ms. Logan Porter Crane from Martin Lydick, Associate Planner, regarding Notice of Finding and Administrative Determination. C) Letter dated January 3, 2005 to Mr. & Mrs. Chu from Martin Lydick, Associate Planner, regarding Aleutian Homes, Block 1, Lot 21. D) KJBCMP Project Consistency Review dated January 3, 2005 for T34S R25W, SE 1/4 of Section 20. There were no further communications. COMMISSIONER CARVER MOVED TO ACKNOWLEDGE RECEIPT of item A through item D of Communications. The motion was SECONDED by COMMISSIONER JANZ and CARRIED by unanimous voice vote. XI. REPORTS STAFF reported the following meeting schedule: . January 26,2005 work session to discuss Mobile Home Parks, 7:30p.m. in the KJB Conference room. . February 9,2005 work session at 7:30 p.m. in the KJB Conference room. . February 16, 2005 regular meeting at 7:30 p.m. in the Assembly Chambers. There were no further reports. COMMISSIONER OSWALT MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMMISSIONER JANZ and CARRIED by unanimous voice vote. XII. AUDIENCE COMMENTS There were no audience comments. P & Z Minutes: January 19,2005 Page 12 of 13 . XIII. COMMISSIONERS' COMMENTS COMMISSIONER FRIEND: Thanked everyone for the election to chair. COMMISSIONER OSWALT: Said he felt it was a good, fast meeting. COMMISSIONER JANZ: Stated she was happy with the plans for Bayside Fire Departent. COMMISSIONER CARVER: Expressed concem over case 04-013. Stated he would like to see the following items on future agendas: 1) Gravel Task Force list, 2) Noise and Industrial zone review, 3) Mobile Home Park issues. COMMISSIONER KING: Addressed the guest opinion article that was in the Kodiak Daily Mirror on January 13, 2005. IX. ADJOURNMENT CHAIR FRIEND ADJOURNED the regular meeting at 9:00p.m. ATTEST By: Qtl~~Q)(~lffi l,1:trl ~tlll.lltt~ Erin Whipple, Secretary U Community Development Department DATE APPROVED: February 16, 2005. P & Z Minutes: January 19, 2005 Page 13 of13