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2004-09-21 Special Meeting KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSI SPECIAL MEETING SEPTEMBER 21, 2004 MINUTES ~C~~W~fRl DEe 1 0 2004 lW BOROUGH CLERK'S OFFICE I. CALL TO ORDER The special meeting of thePlanninJ and Zoning Commission was called to order at 7:30 p.m. by CHAIR FRIEND on September 21,2004 in the Borough Assembly Chambers. ! II. ROLL CALL Commissioners Present J eITol Friendl - Chair Cheryl Boehland Gary Carver Casey J anz David King Dennis McMurry Reed Oswalt Others Present Michelle R. Steams, Director Community Development Dept. Duane Dvorak, Associate Planner Community Development Dept. Erin Whipple, Secretary Community Development Dept. A quorum was establis!led. , Ill. APPROVAL OF AGENDA COMMISSIONER CARVER MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. v. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. VII. PUBLIC HEARINGS A) Case 03-023. Request for an amendment to extend the approval of 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, RI8W, Seward Meridian. STAFF reported ten (10) public hearing notices were distributed for this case with none being returned prior to the meeting. An e-mail notice was sent to the two property owners that testified at the original CUP hearing. A phone call was received from one of those property owners indicating no objection to this request. Staff recommends approval of the request. P & Z Minutes: September 21,2004 Special Meeting Page 1 of 4 COMMISSIONER KING MOVED TO grant an extension of a conditional use permit, in accordance with KIB Code Section 17.13.040 H. (Conditional uses) and KIB Chapter 16.67, to permit a soil remediation facility located on a portion of Section 32, T29S,' R18W and a portion of Section 5, T30S RI8W, Seward Meridian, an area known a Miller's Airfield, subject to the conditions of approval contained in the supplemental staff report dated September 21, 2004; 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 Julv 3 L 2005, or until all contaminated soil identified in this case bv ChemTrack has been remediated, whichever occurs sooner. 3. The quantity of material that may be remediated at this site is restricted to 5,000 tons. 4. The soil remediation facility wi]] be removed from the property and the site cleaned up consistent with ADEC plan approval by August 31. 2005. 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. P & Z Minutes: September 21,2004 Special Meeting Page2of4 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. 11. The operator will copy the Community Development Department with all correspondence and soiltest results that are required to be submitted to ADEC as part of the operation o~ the soil remediation facility. When facility operation is underway, a quarterly report of volume of contaminated soil remediated will be submitted to the CDD fot 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 ofthe 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 ~ssembled and placed in operation, and before any contaminated soil can be delivered to h 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, P & Z Minutes: September 21,2004 Special Meeting Page 3 of4 staff has not found it necessary to recommend buffering or screening since there are essentially no other adjacent uses within 'l'2 mile. The motion was SECONDED by COMMISSIONER BOEHLAND. Regular session closed. Public hearing opened: Sig Jokie!. agent for 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. XII. AUDIENCE COMMENTS There were no audience comments. XIII. COMMISSIONERS' COMMENTS There were no commissioner comments. IX. ADJOURNMENT CHAIR FRIEND ADJOURNED the regular meeting at 7:35p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING eMISSION By: ATTEST By: ~ r,LJ1u~ Erin Whipple, Secretary Community Development Department DATE APPROVED: November 17, 2004. P & Z Minutes: September 21,2004 Special Meeting Page 4 of 4