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HomeMy WebLinkAbout08202013 Planning & Zoning Minutes City of Seward, Alaska Planning Commission Minutes August 20, 2013 Volume 7, Page 42 Call to Order The August 20, 2013 Special Meeting of the Seward Planning & Zoning Commission was called to order at 7:00 p.m. by Chair Sandie Roach'. Opening Ceremony Commissioner Butts led the Pledge of Allegiance to the flag. Roll Call There were present: Sandie Roach' presiding, and Cindy Ecklund Martha Fleming Dale Butts Bixler McClure comprising a quorum of the Commission; and Ron Long, Assistant City Manager Donna Glenz, City Planner Dwayne Atwood, Planning Technician Excused was: Alexis Campestre City Administration Report • City Planner Donna Glenz updated the Commission on the following business items: • The City of Seward had received confirmation that the proposed FEMA Digital Flood Insurance Rate Maps and corresponding City Code updates had been accepted by FEMA. The maps would become effective on September 27, Glenz said. • Glenz informed the Commission she would be attending a FEMA coastal zone study review meeting on August 27 in Soldotna. • Glenz informed the Commission that Rich Taro of Anchorage won the annual Seward Silver Salmon Derby with a 21.25 pound entry. • The Seward Rotary Club Rubber Duck Race was held at Lowell Creek on August 18. • The Commission was scheduled to meet with the Seward / Bear Creek Flood Service Area Board for a work session at 6 p.m. on September 3. i.� Other Reports, Aithouncements & Presentations—None City of Seward, Alaska Planning Commission Minutes August 20, 2013 Volume 7, Page 43 Citizens' Comments on any subject except those items scheduled for Public Hearing—None Approval of Agenda and Consent Agenda Motion (EcklundButts) Approve the Agenda and Consent Agenda Motion Passed Unanimous The following items were approved on the Consent Agenda: July 16,2013 Special Meeting Minutes Unfinished Business Items requiring a Public Hearing—None New Business Items requiring a Public Hearing— Resolution 2013-14 of the Planning and Zoning Commission of the City of Seward, Alaska, granting a Conditional Use Permit to Alaska Road Builders to extract gravel, set up and operate an asphalt plant on Lots CL and CK, Forest Acres Subdivision and easterly portions of the Japp Creek drainage, with Kenai Peninsula Borough Tax Parcel ID numbers of 14503202, 14531038 and 14503106,within the Resource Management Zoning District Glenz noted the history of the applicant's permit submission and pointed out the location of the proposed project on a wall map. Glenz described the project location and the history of gravel extraction at the property. Alaska Road Builders had amended its CUP application to limit its asphalt plant operation to 10 days, Glenz said. Glenz pointed out two access / traffic routes the applicant intended to use to access Dieckgraeff Road to haul asphalt. Staff had received several comments about the proposed project, which had been provided in the meeting packet and as a laydown for the Commission, Glenz said. Ecklund asked for information about the duration of the 2005 Conditional Use Permit that was issued for the property. Glenz said the issued Conditional Use Permit would continue indefinitely, provided the permitted use was active as allowed by the permit. Butts asked if the previously permitted gravel operation generated any complaints. No complaints had been received until recently, when daily work started before 7 a.m., Glenz said. The City Manager spoke with the operator to resolve that issue, Glenz said. Ecklund asked for clarity on the proposed work hours noted by the applicant. City of Seward,Alaska Planning Commission Minutes August 20, 2013 Volume 7, Page 44 Glenz said the original application listed 7 a.m. to 10 p.m. Ecklund asked if an asphalt plant was listed as an allowed use within the Allowed Uses Table in Title 15 of the City Code. Glenz said the asphalt plant was considered a component of a gravel extraction operation, which was the closest associated use listed. Fleming asked about the access / hauling routes that had been proposed and whether the Commission could alter or choose the proposed routes. Glenz said any changes would require findings of fact. The Commission further discussed the proposed trucking routes. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Leigh Ray, a city resident, said she was concerned about odors and noise that may be associated with the proposed asphalt plant operation. Ray said the proposed project area was being treated as an industrial park, but was too close to residences. Among her other concerns was storm water protection and the hours of operation. Jerry Fog, a city resident, asked the Commission if Forest Acres roads would be paved, whether the asphalt trucks would be weighed and if road dust would be controlled. Jim Hunt, a city resident, said he was aware of ongoing gravel operations in the Japp Creek watershed. Hunt said there could be some noise and controllable dust, but the work period would be short. The need for asphalt was great and the road maintenance cost would go up considerably if asphalt production was conducted a great distance away from the city. Commissioners further discussed the need for asphalt repair and asked Hunt, as City Manager, details about future projects. Brian Ray, a city resident, said some changes had been made to the Conditional Use Permit application and questioned whether public notice deadlines had been met. Among other concerns, Ray said a disaster mitigation plan should be in place. Sarah McDonald, a city resident, said the noise from gravel operations traveled to homes and that dust and fumes would be a problem. Griffin Plush, a city resident, asked why the proposed plant would be near a residential tam,, area. Plush also said he believed the project would have a negative impact on property values. City of Seward, Alaska Planning Commission Minutes August 20, 2013 Volume 7, Page 45 Denise Plush, a city resident, said she was concerned about air quality and the potential impact to elderly residents of Seward Mountain Haven. Kristy Sholly, a city resident, questioned why an asphalt plant would be located near schools. She said the noise and potential pollution was a concern. Virginia Allen, a city resident, asked whether the Commission might consider postponing action until more project information could be obtained. Allen said she believed the proposed project was not compatible with a residential neighborhood. David Paperman, a resident of the city, said he recently lived outside of the city limits and enjoyed having fewer regulations. Within the city, more code compliance is required, and property owners are reassured that development will be reasonable, he said. He said the proposed project was surprising for that reason. Motion (McClure/Butts) Approve Resolution 2013-14 Roach' requested the applicant to step forward from the audience to answer Commission questions. Chuck Davis of Alaska Road Builders agreed to answer questions and apologized for any inconvenience to residents. Davis said the gravel in the Japp Creek drainage was very high quality tisj and any removal of material would help to mitigate flooding. Davis described the emission controls and other features of the asphalt plant and the state licensing required for operation. Davis said he would not apply for another Conditional Use Permit to produce asphalt at the proposed location. Commissioners asked Davis specific questions about the ability to operate in other locations and the number of possible asphalt jobs. Davis said the company planned to produce asphalt for the Seward Highway from mile post 17 to 24, for Spring Creek Correctional Center and a new State of Alaska maintenance shop that was being constructed near Crown Point. Commissioners further discussed the planned operation and location. Roach' confirmed the Conditional Use Permit was for approximately 10 days of operation and that another permit would be required for operation next season. Glenz explained the permit process, noting when the permit under discussion would expire. Roach' addressed the audience, pointing out that the City of Seward did not have a Code compliance officer to enforce violations and that the public might lobby for funding to provide that position. City of Seward, Alaska Planning Commission Minutes August 20, 2013 Volume 7, Page 46 Assistant City Manager Ron Long said the City does respond to complaints and civil actions can be taken to correct violations. Motion (Ecklund/Fleming) Amend Resolution 2013-14 by deleting condition F 5, making condition F 4 (traffic control Plan A) the only truck route Ecklund said the proposed amendment was for pedestrian safety. Commissioners discussed the two proposed truck routes and any time constraints that would be imposed on the contractor to gain required easement access across University of Alaska property. Motion Failed No: McClure,Butts,Roach' Yes: Ecklund,Fleming Roach' asked administration to clarify the application and the scope of activity. Glenz said the application was, essentially, for asphalt production. The Conditional Use Permit issued in 2005 covered the gravel stockpiling that had taken place. The applicant had enough gravel for the 10 days of asphalt production, she said. Ecklund asked the applicant if the distance that asphalt must be hauled had any impact on the quality of the finished surface. Davis said a project should, ideally, be as close to the source of the asphalt production as possible. Davis said that if the application was not approved, the asphalt plant would be moved to a nearby location, but he did not know exactly where. Fleming said she believed the proposed asphalt production location was too close to residences. Commissioners further discussed the proposed location and asphalt production. Main Motion Passed Yes: Butts, McClure, Roach' No: Fleming,Ecklund Informational Items and Reports (No action required) FEMA Region X Newsletter 2013 Planning& Zoning Meeting Schedule ilrr. Commission Comments City of Seward, Alaska Planning Commission Minutes August 20, 2013 Volume 7, Page 47 McClure thanked the public for attending and providing input. Fleming said the process for the Conditional Use Permit application passed too quickly. Butts thanked staff for the meeting preparation and also thanked the public for providing input. Butts encouraged the public to apply to fill a Commission vacancy. Ecklund said the discussion and debate was not intended to stop a business from operating, but to move the location farther from residences. Roach' requested Administration hold a work session with applicants before Planning and Zoning Commission meetings are held, to help resolve any issues that might arise. Citizens' Comments David Paperman said the result of the meeting was increased public awareness and he said he believed that more of the public would become involved in zoning and City Code issues. Leigh Ray said the meeting and Conditional Use Permit application process was a learning experience and she intended to be more involved future amendments to the Land Uses Allowed table and zoning designations. Al Schafer said he owned a property farther away from residences that may be more appropriate for future asphalt and gravel work. Brian Ray said that while the approved permit was limited to 10 working days, another operator might want to use the same location in the future. Virginia Allen said she would be more prepared for future issues and thanked the Commission for the time to speak on the issue. Commission and Administration Response to Citizens' Comments Ecklund said she was encouraged by public comment and the commitment that residents had to informing themselves and participating in the public process. Roach' encouraged the public to attend future work sessions when issues arise. Long said the paving of city roads will require a public process to protect all interests. The City guiding plans and use tables do not provide adequate guidance on how roads are built and what the processes may be. Long encouraged the public to attend future Planning and Zoning Commission meetings. City of Seward, Alaska Planning Commission Minutes August 20, 2013 Volume 7, Page 48 Adjournment Meeting adjourned at 9:09 p.m. /1 hI . l LI�f L Dw.• e Atwood, Sandie Roach' Planning Technician Chair (City Seal) i •• SEAS • • /A Nell Iwo do TF L OF Ar-P:•"• '''•0000.•.i"t