2007-12-19 Regular Meeting~ '~ I _ -_- - _.._ ----._.
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KODIAK ISLAND BOROUGH ~ j ~ ` FEB 6 2008 f~
PLANNING AND ZONING COMMIS ' --`
REGULAR MEETING DECEMBER 1 ~ 7 --- ~ .. ~
MINUTES
CALL TO ORDER
The regular meeting of the Planning and Zoning Commission was called to order at 7:43 p.m. by
CHAIR KING on December 19, 2007 in the Borough Assembly Chambers.
ROLL CALL
Commissioners Present Excused Absent Others Present
David King X Duane Dvorak, Associate Planner
Brent Watkins X Community Development Dept.
Bill Kersch X Sheila Smith, Secretary
Casey Janz X Community Development Dept.
Gary Juenger X
Vacant
Vacant
A quorum was established.
COMMISSIONER WATKINS MOVED TO EXCUSE COMMISSIONER JUENGER. The
motion was SECONDED by COMMISSIONER JANZ, and it CARRIED by unanimous voice
vote.
APPROVAL OF AGENDA
COMMISSIONER JANZ MOVED TO APPROVE the agenda as presented. The motion was
SECONDED by COMMISSIONER WATKINS, and it CARRIED by unanimous voice vote.
APPROVAL OF MINUTES
COMMISSIONER WATKINS MOVED TO APPROVE the November 21, 2007 minutes as
submitted. COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous
voice vote.
AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were no audience comments and appearance requests.
PUBLIC HEARINGS
A) Case 08-011. Request for a rezone, according to KIBC 17.72, from B-Business to RR1-
Rural Residential One.
Dvorak reported (20) public hearing notices were distributed for this case with no written
responses returned. He stated staff done a good job of illustrating the history of the area, not just
of this lot but also of other zoning actions in the vicinity. Looking through the narrative staff has
outlined fairly accurately the development trends in the area and discussed some of the issues
December 19, 2007 P & Z Commission Meeting Minutes Page 1 of 8
related to this request. The recommendation of staff hinges primarily upon the Womens Bay
Comprehensive Plan, which was recently adopted. The narrative gives you a good idea what the
plan has to say about the property, and it recommends this area be maintained as commercial.
Something else that wasn't included but perhaps should be included in future staff reports is
when we talk about relevant code sections we often pull from Chapter 17.72, which is the rezone
procedure. Dvorak feels section 17.02.020 is relevant to this case which it says "In accordance
with Alaska Statutes zoning decisions shall be based upon the recommendations contained in the
Comprehensive Plan. When we adopt a Comprehensive Plan that plan is to be the policy guide
for these kinds of decisions." This language may be aimed more at the Assembly because they
make the final decision and you make the recommendations. If you look at the codes, the plan,
and the statutes there isn't a lot of wiggle room for interpretation. With this additional
information he thinks it is clear that the recommendation is probably the correct one, which is to
deny it. The motion should have been worded in the affirmative, and if the will of the
commission is to deny the request it should be denied rather than a motion to deny.
COMMISSIONER WATKINS MOVED TO APPROVE the rezoning of Tract A of Tract L,
Russian Creek Alaska Subdivision, from B-Business to RR1-Rural Residential One.
COMMISSIONER JANZ SECONDED the motion.
Regular session closed:
Public hearing open:
Bob Tarrant, agent, spoke in support for the request. The applicant is out of town and Mr.
Tarrant has not been able to reach him to discuss the possibility of Rural Neighborhood
Commercial zone as suggested by Bud Cassidy as an option.
Public hearing closed:
Regular session open:
During discussion WATKINS and KING expressed concern about moving forward before the
agent can talk to the applicant regarding the option of RNC zoning, and if it should be
postponed. The commission is in consensus with concern regarding moving forward before the
agent can talk to the applicant. The commission has been contemplating changing the whole area
there to RNC zoning.
Dvorak stated from the extensive zoning history presented in the staff report on page 2 of 7, top
of the page the legal descriptions for that particular request are enumerated there. Everything
around Cottonwood Circle on out which included Tract O at that time and it was zoned Business.
Tract O is zoned RR1.
COMMISSIONER JANZ MOVED TO AMEND Case 08-011 to investigate RNC-Rural
Neighborhood Commercial zoning and apply it to the remainder of Tract K through N. The
motion was SECONDED by COMMISSIONER KERSCH.
The question was called on the amended motion, and it CARRIED 4-0.
B) Case 04-013. Request an extension of a previously granted Similar Use Determination
(SUD) in accordance with KIBC 17.03.090, to permit a soil remediation facility on Lot 6
Seaview Subdivision, as a use similar in character and impact to the conditional use specified in
refining or storage; and, an extension of a Conditional Use Permit (CUP), in accordance with
December 19, 2007 P & Z Commission Meeting Minutes Page 2 of 8
KIBC 17.67.020.B and KIBC 17.24.020.F, to allow a soil remediation facility on Lot 6, Seaview
Subdivision.
Staff indicated there were (9) public hearing notices were distributed on with no written
responses returned. He stated this is a request previously approved by the commission. The
applicant is specifically requesting a time extension. The conditions of approval specified any
extension required a public hearing. When we do an extension we look at whether the codes,
plans, zoning, or development context has changed, and in reviewing this no substantive changes
were found of note. It's an Industrial zoned area and seemed the best Industrial zoned location
we could find for this kind of heavy Industrial use. It was heavily conditioned with 8 conditions
of approval at the time. Staff reviewed these conditions and found them to be applicable now. It
was meeting those conditions that has caused the delay, and getting the DEC letter of approval or
letter of review that they would need to actually operate the facility. They wish another 2 year
extension, which is comparable to the original approval, and staff recommends approval. Staff
provided some of the original staff reports, minutes, and specifications in your packet. There was
a Similar Use Determination because soil remediation is not a permitted use enumerated in the
Industrial zone, and the commission originally reviewed a Similar Use Determination linking it
with a Conditional Use in the Industrial zone which is petroleum refining and flammable gases.
If you extend the CUP by implication you have extended the Similar Use Determination along
with it.
COMMISSIONER JANZ MOVED TO GRANT a two (2) year extension for the
conditional use permit in accordance with KIBC 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 11, 2007, and to adopt the findings in that staff report as "Findings of Fact" for
this case. COMMISSIONER WATKINS SECONDED the motion.
Regular session closed:
Public hearing opened:
Public hearing closed:
Regular session opened:
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.
December 19, 2007 P & Z Commission Meeting Minutes Page 3 of 8
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
EPA's Spill Prevention Control and Countermeasure Requirements addressing fuel storage tanks
is required.
5. This CUP is valid until December 31St, 2009, 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 dated September 30, 2004, is not
permitted unless 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 integri 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 rg anting 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 is granted subject to approval
of the operations plan by ADEC, which 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.
December 19, 2007 P & Z Commission Meeting Minutes Page 4 of 8
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 from the road.
The question was called, and it CARRIED 4-0.
C) Case 08-016. Request a Conditional Use Permit (CUP), in accordance with KIBC
17.67.020.B and KIBC 17.13.040.F to allow non-recreational resource extraction of up to 5,000
cubic yards of material from Alaska State Land located near "Boat Beach".
Dvorak reported staff sent out (60) public hearing notices to all property owners in Pasagshak,
and no written comments returned. Staff reviewed this case of which it's based on the material
sale agreement that they received from the State of Alaska, who is also the landowner. The fish
by-products company is designated as a representative. Staff went through the sale agreement
and didn't see the need to include a lot of conditions of approval on this request. Staff
recommends approval with one condition of approval linking our zoning approval back to the
sale agreement and the conditions enumerated there indicating any damage to Pasagshak Road
due to the heavy truck traffic would be restored by the operator, and if there are any fuel spills
for equipment and such that sorbent materials would be brought to the site sufficient to deal with
any kind of mishap that might happen. Those were the kinds of things staff found that weren't
adequately addressed.
COMMISSIONER WATKINS MOVED TO GRANT a conditional use permit, according to
KIBC 17.67, in order to remove 5,000 cubic yards of beach sand pursuant to KIBC 17.13.040.F
which allows non recreational mineral extraction activities and related structures as a conditional
use in the C-Conservation zoning district, subject to one (1) condition of approval contained in
the staff report dated December 3, 2007; and to adopt the findings contained in that staff report
as "Findings of Fact" for this case. COMMISSIONER JANZ SECONDED the motion.
Regular session closed:
Public hearing opened:
Public hearing closed:
Regular session opened:
CONDITIONS OF APPROVAL
1. All the conditions of the negotiated lease with the State of Alaska (ADL 229094) be adhered
to. These include items such as:
• Work shall occur in unvegetated areas;
• Any damage to the Pasagshak road will be restored by Mr. Dehart
• Sorbant materials will be brought to the site in sufficient quantities to use in event of
a spill. Fuel and oil will not be stored within 100 ft of water bodies and located within
double walled tanks or lined berm.
FINDINGS OF FACT
December 19, 2007 P & Z Commission Meeting Minutes Page 5 of 8
17.67.05 A. That the conditional use will preserve the value, spirit, character and integrity of the
surrounding a
This beach area is the sight of other removal of beach sand. It is a site that replenishes itself
erasing any long term impacts. Because of this, the value, spirit, character and integrity of the
surrounding area is not impacted.
17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to
the conditional use in question.
The conditional use will fulfill all the requirements of the C-Conservation zoning district. The
site is above groundwater recharge areas and natural vegetation is required to be preserved to the
maximum extent possible.
17.67.05 C. That granting the conditional use permit will not be harmful to the public health,
safety, convenience and comfort.
Based on the inter-agency coordination provided by the Alaska Coastal Management Program,
this action will be operated and maintained in accordance with all applicable federal and state
environmental requirements.
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.
This activity is in a remote area. The site is well separated from the Pasagshak Road to some
degree by topography.
The question was called, and it CARRIED 4-0.
D) Case 08-015. Request a review and recommendation of the 2008 - 2012 CIP.
Staff reported public hearing notices weren't sent out but the hearing was advertised in the
newspaper of general circulation. We've also made a number of requests of the outlying
communities as well as the City of Kodiak to give input on this process. This is a culmination of
those efforts. A lot of outreach has been done, and we gave a presentation at the Rural
Communities Forum a couple of months ago. With Bud Cassidy being the new director, he
poured a lot into the CIP, and the work he produced reflects that effort. There was an additional
item brought up at the work session that Cassidy did add onto the CIP on December 14th, but
there was a printing glitch so Dvorak printed out new pages with the additional item on it. Staff
recommends you approve this and send it to the Assembly with your recommendation.
WATKINS stated on the new item he would like to add "Gibson Cove as a possible location."
COMMISSIONER WATKINS MOVED TO ADOPT Planning and Zoning Commission
Resolution 2008-01 recommending to the Borough Assembly a list of Priority Projects for
inclusion into the Kodiak Island Borough's five (5) year 2008-2012 Capital Improvement
Program (CIP) adding the sentence to line item 44 under Utility and Other Projects "Gibson
Cove Dock has been suggested as a possible location. The motion was SECONDED by
COMMISSIONER JANZ.
Regular session closed:
Public hearing opened:
Public hearing closed:
Regular session opened:
December 19, 2007 P & Z Commission Meeting Minutes Page 6 of 8
The question was called and it CARRIED 4-0.
OLD BUSINESS
There was no old business.
NEW BUSINESS
There was no new business.
COMMUNICATIONS
A) New Ouzinkie Airport location
Dvorak stated the State Department of Transportation & Public Facilities is requesting a rezone
of part of the northern portion of the City of Ouzinkie for a new airport facility that they've been
working with the community on. They've been working on this design for some time. That
design helped determine how much land they would need and helped them figure out the cost.
They are looking to acquire some land from the native corporations. The land is zoned R1-Single
Family Residential, not Conservation as they thought. Airports are a conditional use in the
Conservation zone. Now they need a rezone and they want to start construction this next season.
There are two correspondences here. The first is the request to initiate a rezone, that way no one
has to fill out an application or pay $1,500. If you look at the letter you can see the rationale that
Ouzinkie needs a new airport for safety reasons, transportation efficiency, and just benefit the
community. The second letter is related, and because time is of the essence they have asked for
an expedited review if the commission could see its way clear to hold a meeting at an earlier
time. We need clear direction tonight because people are going on annual leave and time is of the
essence. We have to have the public hearing notices out at least 10 days before. The process has
to be reasonable.
During discussion it was the consensus to have a special meeting for this proposed rezone.
COMMISSIONER JANZ MOVED TO INITIATE a rezone investigation for the Ouzinkie
Airport property referred to in the December 19, 2007 letter from Teresa Victor SR/WA Right of
Way Agent to be set for public hearing at a special session following the January 16, 2008
regular meeting. The motion was SECONDED by COMMISSIONER KERSCH.
The question was called, and it CARRIED 4-0.
REPORTS
Meeting schedule:
• January 9, 2008 work session at 7:30 p.m. in the KIB Conference Room
• January 16, 2008 regular meeting at 7:30 p.m. in the Assembly Chambers
Dvorak wished everyone a Merry Christmas and a Happy New Year. He also stated it's been a
productive year. We got a lot of things done: the Womens Bay Comp Plan; more recently the
Borough wide Comp Plan Project. It's in the process of getting ready for publishing. He
appreciates all the community participation at every level of the process. Happy New Year.
COMMISSIONER WATKINS MOVED TO ACCEPT Communications and Reports.
COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous voice vote.
December 19, 2007 P & Z Commission Meeting Minutes Page 7 of 8
AUDIENCE COMMENTS
COMMISSIONER COMMENTS
COMMISSIONER JANZ wished everyone a Merry Christmas and she will see everyone in
2008.
COMMISSIONER KERSCH wished everyone a Merry Christmas and he will see everyone in
2008.
COMMISSIONER WATKINS thanked everyone and thanked staff for taking on the extra load.
Everyone have a safe and happy holiday
CHAIR KING reminded the commission that elections are coming up in January, and hopefully,
we will have some new commissioners. Merry Christmas and Happy New Year.
ADJOURNMENT
COMMISSIONER JANZ MOVED TO ADJOURN. COMMISSIONER KERSCH
SECONDED the motion, and it CARRIED by unanimous voice vote.
CHAIR KING ADJOURNED the regular meeting at 8:55 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By: ~ ,
Dave King, Chair
ATTEST
BY~ :~~'1~4tx ~.~Yl l
Sheila Smith, Secretary
Community Development Department
DATE APPROVED: January 16, 2008
December 19, 2007 P & Z Commission Meeting Minutes Page 8 of 8