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2005-04-27 Special Meeting r \--------~"', 't f" KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMIS SPECIAL MEETING APRIL 27, 2005 MINUTES t IE II 'W IE~ MAY 2 0 2005 lW I. CALL TO ORDER BOROUGH CLERK'S OFFICE The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR FRIEND on, 2005 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present Excused Absent Others Present Duane Dvorak, Acting Director Community Development Dept. Sheila Smith, Secretary Community Development Dept. Brent Watkins Casey J anz David King Dennis McMurry Gary Carver Jerrol Friend Reed Oswalt x X X X X X X r A quorum was established. III. APPROVAL OF AGENDA COMMISSIONER FRIEND l\10VED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER OSWALT, and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER MOVED TO APPROVE the minutes of Planning and Zoning Commission regular meeting as submitted. The motion was SECONDED by COMMISSIONER , and CARRIED by unanimous voice vote. V. AUDIENCE COl\1l\1ENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. VII. PUBLIC HEARINGS r A) Case 05-006 . Request for a Conditional Use Permit, in accordance with Kille 17.67.020.B, to permit non-recreational mineral extraction on a portion of Section P & Z Minutes: April 27, 2005 Special Meeting Minutes Page 1 of 5 23, T31 S, R20W, Seward Meridian, located within the C-Conservation zoning district (KIBC 17.13) STAFF reported this is a request to extend the Conditional Use Permit that was issued last year, to extend it for five (5) years, and to operate a Portable Concrete Batch Plant. COMMISSIONER OSWALT MOVED TO GRANT a conditional use permit, in accordance with KIBC 17.67, allowing a gravel quarry located at the protracted NW ~ of the NE ~ of Township 31 South Range 20 West Section 23 subject to the eight (8) conditions of approval as contained in the staff report dated June 27th, 2005 for CUP Case No. 05-006, and to adopt the findings contained in the staff report dated April2ih, 2005 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 11. drainages 111. waterways (d) Topographical data projecting finished grades upon closure. 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. 2. 3. Re-establish & maintain the twenty five (25) foot buffer zone between the stream watercourse and activity and equipment operations related to the project. 4. Re-establish & maintain the one hundred (100) foot wide greenbeltlbuffer along the Pasagshak / Narrow Cape Road. C. D~_'7~,.t.o n~_.,...t""\_"'-:n+o +.,...,y,f-h:,... ,"^+;,....o C";rrnr:l{l",::a. rlll""';,..,n hnllTCI n~ n1"\pr~t;nn .}. ~ ~VV1U\wo a..p.l_JlU.l-'lJaL~ u'u.~.1v JJVU,",,",, uJ.6.1.1U6..... uu.....U.l.o .u_'-'~u VA. v.t'......Lu.~.&.'"'....L. 6. Provide appropriate dust control measures during hours of operation. 7. Implement security design / controls at the point(s) of ingress / egress sufficient to discourage unauthorized entry & use of the site. 8. Provide a written summary report notifying the Borough of completed reclamation activity upon closure. P & Z Minutes: April 27, 2005 Special Meeting Minutes Page 2 of5 ~ , . ~ w -- r , & ("" r r. FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value. spirit. character and inteqritv of the surroundinq 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, based on general references contained in the narrative reclamation plan. The concrete batch plant will be subsidiary and incidental to the extraction activities and will operate on a temporary and seasonal basis for the five year duration of the CUP. 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaininq 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. 17.67.05 C. That qrantinq the conditional use permit 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 el1try, unpermitted use, or intentional abuse of the site and the resources contained therein. P & Z Minutes: April 27, 2005 Special Meeting Minutes Page 3 of5 ., 17.67.05 E. If the permit is for a public use or structure, the commission must find that -."",J 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. The motion was SECONDED by COMMISSIONER MCMURRAY Regular session closed. Public hearing opened: George Kontra stated the packet speaks for itself and he would like to move ahead on this project. 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 There was no new business. X. COM1\1UNICATIONS There were no communications. XI. REPORTS STAFF reported the [oHowing meeting schedule: . May 11, 2005 Packet review work session at 7:30 p.m. in the Borough conference room, and Parliamentary Procedures training at 7:00 before the packet review in the KID conference room. tfI/J P & Z Minutes: April 27, 2005 Special Meeting Minutes Page 4 of5 r ( . May 18, 2005 Regular meeting at 7:30 p.m. in the Assembly Chambers, and Parliamentary Procedures training at 7:00 p.m. before the regular meeting in the Assembly Chambers. There were no further reports. COMMISSIONER FRIEND MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMMISSIONER KING, and CARRIED by unanimous voice vote. XII. AUDIENCE COMMENTS There were no audience comments. XIII. COMMISSIONERS' COMMENTS There were no commissioner comments. IX. ADJOURNl\1ENT CHAIR FRIEND ADJOURNED the regular meeting at 8:45 p.m. ( KODIAK ISLAND BOROUGH PLANNlNG AND ZONING COMMISSION By: ATTEST By: .sQhe ;O()..Qrn~ Sheila Smith, Secretary Community Development Department DATE APPROVED: May 18, 2005. ( P & Z Minutes: April 27, 2005 Special Meeting Minutes Page 5 of5