2004-07-21 Special Meeting
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OCT 5 2004
BOROUGH CLERK'S OFFICE
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSI
SPECIAL MEETING JULY 21,2004
MINUTES
CALL TO ORDER
The special meeting of the Planning and Zoning Commission was called to order at
8:15p.m. by CHAIR FRIEND on July 21,2004 in the Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present
Jerrol Friend - 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.
Lori Demi, Drafting Technician
Community Development Dept.
A quorum was established.
III.
APPROVAL OF AGENDA
COMMISSIONER OSWALT MOVED TO APPROVE the agenda as presented. The
motion was SECONDED by COMMISSIONER KING, and CARRIED by unanimous
voice vote.
IV. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were no audience comments or appearance requests.
VII. PUBLIC HEARINGS
A) Case 04-007. Request for a special meeting called by the Planning & Zoning
Chair, per KillC 2.39.130, to hear a request for a conditional use permit, per
Y.........TBC 17.67, allowing a gravel quarry located at the protracted NW 'l4 ortne NE 'l4
ofT31S R20W Section 23.
STAFF reported eight (8) public hearing notices were distributed for this case
with none being returned prior to the meeting. Staff recommended approval of
this request.
P & Z Minutes: Special Meeting July 21,2004
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~.. COMMISSIONER OSWALT MOVED TO grant a conditional use permit, in
accordance with KIBC 17.67, allowing a gravel quarry located at the protracted
NW 114 0f.the NE 'l4 of Township 31 South Range 20 West Section 23 subject to
the eight (8) conditions of approval contained in the staff report dated June 25th,
. 2004, and to adopt the findings contained in that staff report as "Findings of Fact"
for this case.
CONDITIONS OF APPROVAL
1. The applicant to provide an engineered gravel plan, which includes:
(a) Survey bearings & distances marking the boundaries of the project
site.
(b) Point(s) of ingress / egress.
(c) Topographical data at a minimum of five (5) foot contour intervals
establishing current elevations of:
i. overall site
ii. drainages
iii. waterways
(d) Topographical data projecting finished grades upon closure.
2. 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.
Re-establish & maintain the twenty five (25) foot buffer zone between the stream
watercourse and activity and equipment operations related to the project.
Re-establish & maintain the one hundred (100) foot wide greenbelt/buffer along
the Pasagshak / Narrow Cape Road.
Provide appropriate traffic notice signage during hours of operation.
Provide appropriate dust control measures during hours of operation.
Implement security design / controls at the point(s) of ingress / egress sufficient to
discourage unauthorized entry & use of the site.
Provide a written summary report notifying the Borough of completed reclamation
activity upon closure.
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. It appears to be the
intent of the applicant in this case to properly reclaim and to restore
the site to a condition substantially similar to its' natural condition,
P & Z Minutes: Special Meeting July 21, 2004
Page 2 of4
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based on general references contained in the narrative reclamation
plan.
17.67.05 B. That the conditional use fulfills all other requirements of this chapter
pertaining 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
(engineered gravel plan) is recommended, as a condition of
approval, to show existing and proposed contours for the site,
access and control points.
17.67.05 C. That granting the conditional use penl1it will not be harmful to the public
health, safety, convenience and comfort.
Site development and actual pit design shall be guided by the principals of
due diligence. Per Conditions of Approval, 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; and appropriate dust control
measures will be undertaken by the applicant.
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.
As Conditions of Approval, the applicant is required to provide a
description of the site sufficient to establish the minimum lot area
(five [5] acres) for the zoning district, and to re-establish &
maintain stream and roadside setbacks and buffers.
As Conditions of Approval, the applicant is required to implement security
design / controls at point(s) of ingress / egress sufficient to
discourage unauthorized entry, unpermitted use, or intentional
abuse of the site and the resources contained therein.
17.67.05 E. If the penl1it 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. However, this conditional use permit will contribute to the
economic vitality of the community at large, and will provide
ancillary benefits in the form of enhanced surface transportation
corridors utilized and enjoyed by the general public.
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The motion was SECONDED by COMMISSIONER KING.
Regular session closed.
Public hearing opened:
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Hearing and seeing none.
P & Z Minutes: Special Meeting July 2], 2004
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Public hearing closed.
Regular session opened:
COMMISSIONER CARVER MOVED TO AMEND the motion adding condition of
approval I.e. stating: "Storm Water Protection Plan that defines measures to ensure that
there is no interception of natural stream load or down stream release of fine sediments as
a result of extraction activity."
The motion was SECONDED by COMMISSIONER BOEHLAND.
The questions was called on the amendment and CARRIED, four yeas to three nays by
roll call vote. Commissioners King, McMurry and Oswalt were the nays.
The question was called on the main motion and CARRIED by unanimous roll call vote.
XII. AUDIENCE COMMENTS
There were no audience comments.
XIII. COMMISSIONERS' COMMENTS
IX.
ADJOURNMENT
CHAIR FRIEND ADJOURNED the regular meeting at 9: 13 p.m.
By: r
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ATTEST
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By: ~iPp~,'se~ct{~-AffJLt
Community Development Department
DATE APPROVED: August 12,2004.
P & Z Minutes: Special Meeting July 21,2004
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