Loading...
2001-07-18 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING JULY 18, 2001 MINUTES I. II. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR SELIG on July 18, 2001 in the Borough Assembly Chambers. ROLL CALL Commissioners Present Paul Alexander Donna Bell Steve Hunt Robert Lindsey Reed Oswalt Walter Stewart Clarence Selig-Chair A quorum was established. Others Present Duane Dvorak, Director Community Development Dept. Jennifer Smith, Secretary Community Development Dept. III. APPROVAL OF AGENDA STAFF requested Item A-New Business be added to the agenda. COMMISSIONER STEWART MOVED TO APPROVE the agenda with the addition of Item A-New Business. The motion was SECONDED by COMMISSIONER OSWALT, and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING CONIlVIISSIONER LINDSEY MOVED TO APPROVE the minutes of June 20, 2001 Planning and Zoning Commission regular meeting as submitted. The motion was SECONDED by COMIVIISSIONER STEWART, and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS >, > i'J _ There were no audience comments or appearance requests. '~ ,..~~,~.-_...u . .. ~~`»~r Lyra f ,-~, ~j_ ,s, .s VI. PUBLIC HEARINGS A) Case 01-027. Planning and Zoning Commission recommendation of revisions to Chapter 17.11 (WH-Wildlife Habitat District) to increase the WH-Wildlife Habitat District lot area to a minimum of five (5) acres and lot width to a minimum of 250 feet, and to incorporate into the WH zoning district setback requirements from property lines. Shearwater Peninsula. STAFF recommended that the Commission postpone action on this case for at least one month to allow maximum public hearing notification to remote property owners on the Shearwater Peninsula who might be affected by the recommended code revision. Staff noted that public hearing notices were not sent out but case was advertised in the local newspaper. COMMISSIONER ALEXANDER MOVED TO POSTPONE action on Case 01-027 until the September 2001 regular meeting of the Planning and Zoning Commission. The motion was SECONDED by COMMISSIONER LINDSEY. 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. B) Case 01-028. Request for a rezone, in accordance with KIB Code Section 17.72.030 C. (Manner of initiation), of Lot 29-A, U.S. Survey 2539 located southwesterly from Shannon Point and northwesterly from Frye Point, Womens Bay from C-Conservation to RRl-Rural Residential One. W. Rezanof Drive. STAFF noted if the Commission wishes staff could include the related subdivision case of Public Hearing Item-VI by entertaining a motion to suspend the order of the day. COMMISSIONER STEWART MOVED TO SUSPEND the order of the day to consider both Case 01-028 and Case SO1-012 jointly. The motion was SECONDED by COMMISSIONER OSWALT. T O_ r71l:.___~___ T__1_. 1A /.AA~~ STAFF indicated nine (9) public hearing notices were distributed for both cases with none being returned. Staff reported the petitioner initially proposed a cluster style residential development on Lot 29-A, U.S. Survey 2539. The C- Conservation zone does not permit cluster development. The urban residential districts that might allow cluster style development are intended only for areas that are served by municipal water and sewer services. As a result the development proposal was amended to provide for single-family detached development (see related subdivision Case SO1-012). Staff recommended rezoning to RRZ-Rural Residential Two with an effective clause to allow a 24 month window of opportunity to perfect a subdivision under RR2 zoning. Staff noted several questions regazding the development of access, drainage, on-site water and sewer provisions to the subdivision. By agency review of the preliminary plat comments from ADOT requested the following plat note: " Direct access to Rezanof Drive is prohibited." be added at time of final approval, and Alaska Communication Systems requested a 30' wide access easement dedicated to utility easement. COMMISSIONER STEWART MOVED TO POSTPONE action on Case 01- 028 until the Planning and Zoning Commission meeting on September 19, 2001, pending the re-evaluation of the related subdivision request in Case SO1-012. The motion was SECONDED by COMMISSIONER BELL. Regulaz session closed. Public hearing opened: Barry N. Still, applicant: Mr. Still concurred with stafi's recommendation except for rezoning to RR2 because the_ rroperty is only 200' wide can ently and ADOT clarification is needed on correct right-of--way. Road access was discussed. Commissioner Lindsey asked what kind of water system is intended for the subdivision. In response, Mr. Still anticipated that lots would require well & septic systems without potential contamination, but has not confirmed ADEC's requirements. Chair Selig inquired to if lots are above tsunami level. Rear lot lines aze azound 170 feet above mean tide. The area is not directly referenced by an existing comprehensive plan and is not located in a serve by an existing road service district. Applicant urged the Commission to consider rezoning lot to RRl-Rural Residential One as originally requested. Further discussion was held. Hearing and seeing none further. Public hearing closed. Regulaz session opened: The question was called, and the motion CARRIED by unanimous roll call vote. )~ Case SO1-012. Request for preliminary approval of the subdivision of Lot 29-A U.S. Survey 2539 creating Lots 1 through 20, Seaview Subdivision, ls' Addition. W. Rezanof Drive. COMMISSIONER STEWART MOVED TO POSTPONE action on Case SO1- 012 until the regular Planning and Zoning Commission meeting on September 19, 2001, and return the preliminary plat to the petitioner for the inclusion of additional information addressing the access, drainage, and water and sewer needs of the site. The motion was SECONDED by COMMISSIONER ALEXANDER. 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 01-029. Request for a rezone, in accordance with KIB Code Section 17.72.030 C. (Manner of initiation), of Tract C, U.S. Survey 4947 and an unsubdivided portion of U.S. Survey 4947 on Near Island from PL-Public Use Lands to RB-Retail Business. Generally located along Dog (Salmon) Bay Road and Trident Way. STAFF indicated six (6) public hearing notices were distributed with none being returned. Staff reported the the City of Kodiak has requested a rezone of Tract C, U.S. Survey 4947 and a portion of U.S. Survey 4947 from PL-Public Use Land to RB-Retail Business. The purpose of the rezone is to allow more appropriate options for the development of institutional support uses as indicated in the 1987 Near Island Comprehensive Plan. In addition, the PL-Public Use Land zoning district generally restricts land to government ownership. This effectively reduces the prospect for the development of institutional support uses by the private sector. Staff noted under current PL-Public Use Lands rock extraction is permitted were as the RB-Retail Business district it is not allowed. COMMISSIONER LINDSEY MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Tract C, U.S. Survey 4947 and a portion of U.S. Survey 4947 from PL-Public Use Land to RB-Retail Business; and to adopt the "Findings of Fact" in the staff report dated June 28, 2001 in support of this recommendation. FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The proposed rezone is needed and justified because the RB-Retail Business zone allows uses and structures that will support existing and planned development on Near Island. In addition, the RB-Retail Business zone provides more flexibility in the development of uses that are not predicated on government ownership or operation, thereby making it more likely that the private sector will invest in Near Island development. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The rezone from PL-Public Use Land to RB-Retail Business is generally consistent with the objectives of the 1987 Near Island Comprehensive Plan. As the owner of a considerable inventory of commercial land on Near Island, the City of Kodiak is in the best position to determine through its land disposal process what the ultimate effect this change of zoning will have on Near Island and the community as a whole. The motion was SECONDED by COMMISSIONER BELL. Regular session closed. Public hearing opened: Jeff Stewart, resident: Mr. Stewart opposed the rezone request. Cheryl Boehland, resident: Ms. Boehland expressed opposition to the rezone. Randall Erickson, resident: Mr. Erickson expressed support of this rezone and would like to start a business on near island. Hearing and seeing none further. Public hearing closed. Regular session opened: COMMISSIONER OSWALT commented that several people had contacted him in support of this case and expressing that they are interested in land on Near Island. He expressed his support in developing Near Island. The question was called, and the motion CARRIED by unanimous roll call vote. COMMISSIONER SELIG expressed his confidence in Linda Freed's presentation at the last meeting and let everyone know that the commissions decision is the first step in the process of rezoning this piece of land. COMMISSIONER ALEXANDER AMENDED the main motion to postpone action on the rezoning of Tract C, U.S. Survey 4947 and a portion of U.S. Survey 4947 from PL-Public Use Land to RB-Retail Business; until the meeting of August 18, 2001. The motion was SECONDED by COMMISSIONER BELL. The question was called for the amended motion, and the motion CARRIED four (4) to one (1) by roll call vote. Noes were COMISSIONER LINDSEY, COMMISSIONER OSWALT, & COMMISSIONER SELIG. D) Case 01-030. Request for a conditional use permit, in accordance with KIB Code Section 17.13.040 H. (Conditional use), to permit an expanded scope of work for a previously approved soil remed?ation facility operation located on Lot 34, U.S. Survey 2539. Bruhn Point, Womens Bay. 12715 Chiniak Highway. STAFF indicated 9 public hearing notices were mailed for this case, and none were returned. COMMISSIONER BELL MOVED TO approve Request for a conditional use permit, in accordance with KIB Code Section 17.13.040 H. (Conditional use), to permit an expanded scope of work for a previously approved soil remediation facility operation located on Lot 34, U.S. Survey 2539. Bruhn Point, Womens Bay. 12715 Chiniak Highway. 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 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. Prior to operations of this facility, the applicant must receive a coastal consistency determination from the Division of Governmental Coordination (DGC) and satisfy applicable Alaska Coastal Management (ACMP) review requirements based on that determination. 3. An engineered fill plan must be submitted for approval prior to utilization of remediated soil for fill on site. 4. To ensure protection of adjacent tidelands, strict compliance with the State's Wastewater Disposal Regulations (18 AAC 72.600) addressing soil storage and treatment cells, and with the EPA's Spill Prevention Control and Countermeasure Requirements addressing fuel storage tanks is required. 5. No soil can be brought from off island for remediation at this facility under this CUP. 6. This CUP is valid only until September 30, 2003 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 application narrative date stamped as received in the Community Development Department on December 29, 2000, and as expanded after public hearing according to the narrative and site plan date stamped as received in the CDD on June 22, 2001 is not permitted unless first approved by the Commission at public hearing. 7. The contaminated soil storage site will not exceed 40 ft. by 200 ft. as indicated on the revised site plan dated June 22, 2001, and at no time will more than 15,000 tons (approximately 10,000 cubic yards) of contaminated soil be stockpiled there. 8. When facility operation is underway, a quarterly report of volume of contaminated soil remediated will be submitted to the CDD for inclusion into the file. 9. The soil remediation facility will be removed from the property and the site cleaned up consistent with ADEC plan approval by December 31, 2003, unless the CUP is extended by the Commission. 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 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, and good access and visibility exists for truck ingress and egress to and from the highway. 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, 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 ADEC is an engineered Surface Water Management Plan and a quality assurance plan to guarantee 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 and the treatment cell operations site is at least one hundred (100) feet back from the public road. The motion was SECONDED by COMMISSIONER LINDSEY Regular session closed. Public hearing opened: Mr. Panamaroff, applicant: Represents Koniag, Inc. Open for answering any questions. COMMISSIONER HUNT questioned Mr. Panamaroff regarding transporting of soils, permitting, and safety measures. Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. E) Case 01-031. Request for a conditional use permit, in accordance with K1B Code Section 17.24.020 F. (Conditional use), to permit a bulk petroleum storage facility for used waste oil to be located on a portion of U.S. Survey 2537B, Pier 2-City Dock. 727 Shelikof St. STAFF indicated that 5 public hearing notices were sent, none returned. Staff recommends approval of this request. COMMISSIONER ALEXANDER MOVED TO approval for the Request for a conditional use permit, in accordance with KIB Code Section 17.24.020 F. (Conditional use), to permit a bulk petroleum storage facility for used waste oil to be located on a portion of U.S. Survey 2537B, Pier 2-City Dock. 727 Shelikof St, subject to the conditions in the staff report dated July 2, 2001 and to adopt the "Findings of Fact" from the staff report dated July 2, 2001. CONDITIONS OF APPROVAL 1. Compliance with applicable Uniform Building and Fire Code requirements. 2. Compliance with U.S. Coast Guard and State Department of Environmental Conservation (ADEC) oil spill contingency planning requirements. FINDINGS OF FACTS 17.67.05 A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. The .proposed use will not detract from the value, spirit, character and integrity of the surrounding area, which is devoted to marine industrial land uses, including docks, warehouses, processing plants and bulk fuel storage and dispensing. A bulk fuel storage facility ("tank farm") has been a long established use on the adjacent property (Petro Marine, formerly Kodiak Oil Sales). There is no indication that the existing used oil facility on Pier 2 or the adjacent "tank farm" have been detrimental to surrounding properties. The proposed structure will not expand the existing use, but will provide cover and protection from the elements as well as a measure of screening from the highway. 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The proposed use must satisfy all requirements of the I-Industrial zoning district, as well as the Uniform Building and Fire Codes. As is standard, this should be specified as a condition of approval. The proposed location of the tanks and roof meets or exceeds all required setbacks and height limits for this zoning district. 17 67 OS C That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. The used oil storage facility should not be harmful to the public's health, safety, convenience or comfort. Compliance with applicable building and fire codes will be mandated by condition of approval, as will be in compliance with U.S. Coast Guard and State Department of Environmental Conservation oil spill contingency planning requirements. The existing land use will not be change as a result of granting this CUP. The proposed roof will protect the tanks and containment area from rain and snow. 17 67 OS 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 used oil storage tanks exceed setbacks required in the I-Industrial zoning district. Adherence to applicable Uniform Fire Code separation requirements will be assured prior to issuance of a building permit. 17 67 OS E If the permit 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. A used oil storage facility in an optimum marine location is essential to a government program that seeks to adequately address recycle and proper disposal of waste oil. In this way, the used oil facility will maximize public benefit. The motion was SECONDED by COMMISSIONER BELL. Regular session closed. Public hearing opened: Marty Owen, City Harbor Master: Mr. Owen explained how waste oil is utilized in the city of Kodiak and on the Coast Guard Base. It is treated as a commodity. Emphasized the necessity of a building with a roof. COMMISSIONER HUNT questioned whether the oil spill contingency plan included the SPCC plan. Mr. Owen affirmed that it does. 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 SO1-012 G) Case SO1-013. Request for preliminary approval of the subdivision of Tract D-4, U.S. Survey 4947, Near Island creating Lots D-4A through D-4H, Kodiak Business Park Subdivision. 112 Dog (Salmon) Bay Road. STAFF recommends approval of this request. COMMISSIONER STEWART MOVED TO GRANT preliminary approval of the subdivision of Tract D-4, U.S. Survey 4947, Near Island creating Lots D-4A through D-4H, Kodiak Business Park Subdivision. 112 Dog (Salmon) Bay Road, subject to the conditions of approval in the staff report dated June 28, 2001 and to adopt the findings in that staff report as "Findings of Fact". CONDITIONS OF APPROVAL 1. Include in the title block a reference to the creation of Lots 1 through 4, Kodiak Business Park Subdivision. 2. Identify on the plat the name and address of the subdivider. 3. Consistently mark centerline of existing dedicated rights-of--way with dashed lines. 4. If not showing all of the existing rights-of--way adjoining the site, indicate the dimension from centerline to the exterior boundaries of the subdivision area. 5. Indicate the width of total alleyway dedication in area shown that are greater than 30 feet wide. Indicate alleyway width in more than one location in areas where alleyway width varies. 6. Show property lines for adjacent property lines (i.e. Tract D-3, U.S. Survey 4947) using dashed lines. ?. Indicate the roadway width and location for existing roadway within Trident Way and Dog (Salmon) Bay Road. 8. Provide easements as requested by KEA. (Added by motion after all cases, MOVED by COMMISSIONER LINDSEY, SECONDED by COMMISSIONER HUNT. Motion CARRIED by unanimous roll call vote.) 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 HUNT. Regular session closed. Public hearing opened: Hearing and seeing none. Public hearing closed. Regular session opened: COMMISSIONER BELL felt that the decision should be postponed so the public can be made more aware of the situation. COMMISSIONER BELL MOVED TO AMEND the main motion to postpone this case until the meeting of August 18, 2001. The motion died for lack of second. The question was called, and the motion CARRIED nine (9) to one (1) by roll call vote. Nay was COMMISSIONER BELL. I~ Case SO1-014. Request for preliminary approval of the subdivision of Tract C, U.S. Survey 4947 and an unsubdivided portion of U.S. Survey 4947 creating Lots 1 through 4, Near Island Research Park. Generally located along Dog (Salmon) Bay Road and Trident Way. STAFF indicated that six (6) public hearing notices were sent out, none returned. STAFF recommends approval subject to two conditions of approval. COMMISSIONER LINDSEY MOVED TO grant preliminary approval of the subdivision of Tract C, U.S. Survey 4947 and an unsubdivided portion of U.S. Survey 4947 creating Lots 1 through 4, Near Island Research Park. Generally located along Dog (Salmon) Bay Road and Trident Way subject to the conditions of approval in the staff report dated June 28, 2001 and to adopt the "Findings of Fact" in the staff report dated June 28, 2001. CONDITIONS OF APPROVAL 1. Include the name and address of the subdivider on the plat. 2. Show adjacent property lines using dashed lines. 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 OSWALT. Regular session closed. Public hearing opened: Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED five (5) to two (2) by roll call vote. Nays were COMMISSIONER BELL and COMMISSIONER STEWART. VII. OLD BUSINESS There was no old business. VIII. NEW BUSINESS A) Acceptance of letter of resignation dated July 16, 2001 from Commissioner Steve Hunt. COMMISSIONER STEWART MOVED TO ACCEPT with great regret Commissioner Hunt's resignation from the Planning and Zoning Commission. The motion was SECONDED by COMMISSIONER OSWALT. The question was called, and the motion CARRIED by unanimous roll call vote. IX. COMMUNICATIONS A) Response letter to Mr. Ik Icard, Perilli Jacobson, Inc. from Bob Scholze, Associate Planner RE: proposed submarine fiber optic cable sites. B) Letter dated June 29, 2001 to Ms. Katharine R. Ellanak, Ouzinkie Tribal Council from Martin Lydick, Associated Planner RE: Determination of similar use of a proposed cultural activities center to be located on Ouzinkie Townsite, U.S. Survey 4871, Tract C, Block 14, Lot 7. There were no further communications. COMMISSIONER LINDSEY MOVED TO ACKNOWLEDGE RECEIPT of item A through item B of Communications. The motion was SECONDED by COMMISSIONER STEWART, and CARRIED by unanimous voice vote. X. REPORTS STAFF reported the following meeting schedule: ^ August 8, 2001 work session at 7:30 p.m. in the KIB Conference room. ^ August 15, 2001 regular meeting at 7:30 p.m. in the Assembly Chambers. ^ August 22, 2001 tentative work session at 7:30 p.m. in the KIB Conference room for the development of the CIP list for FY 2003-2007. There were no further reports. COMMISSIONER STEWART MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMMISSIONER OSWALT, and CARRIED by unanimous voice vote. XI. AUDIENCE COMMENTS Cheryl Boehland: Ms. Boehland recommended that the Borough needs to update the Kodiak Comprehensive Plan. XII. COMMISSIONERS' COMMENTS CHAIR SELIG thanked Mr. Hunt for serving t XIII. ADJOURNMENT CHAIR SELIG requested a motion to adjourn. COMMISSIONER ALEXANDER MOVED TO ADJOURN the regulaz meeting. The motion was SECONDED by COMMISSIONER LINDSEY, and CARRIED by unanimous voice vote. The meeting adjourned at 9:40 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: lazence Selig, Chair ATTEST By: DATE APPROVED: 8/ ~SJ~o. Community Development Department