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HomeMy WebLinkAboutRes1991-035 . . . Sponsored by: Schaefermever CITY OF SEWARD, ALASKA RESOLUTION NO. 91-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RATIFYING THE DECISION OF THE BOARD OF ADJUSTMENT REGARDING THE BOROUGH'S APPEAL OF THE GRANTING OF A CONDITIONAL USE PERMIT BY THE SEWARD PLANNING & ZONING COMMISSION WHEREAS, on March 6, 1991, the Seward Planning and Zoning commission issued a Conditional Use Permit to the Kenai Peninsula Borough for the construction and operation of a solid waste transfer facility: and WHEREAS, the Commission provided in the Conditional Use Permit a special condition requiring the Borough to construct an alternate access road to the facility: and WHEREAS, the Kenai Peninsula Borough appealed the decision of the Planning Commission as provided in the Seward city Code: and WHEREAS, the City Council, sitting as a Board of Adjustment, heard the Borough's appeal on April 8, 1991: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Board of Adjustment hereby confirms, but modifies, the decision of the Planning and Zoning commission as set forth in attached Decision of Board of Ad;ustment, incorporated herein by reference. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the city Council of the city of Seward, Alaska, this 22nd day of April, 1991. THE CITY OF SEWARD, ALASKA ~)~Jaw David L. Hilton, Mayor AYES: NOES: ABSENT: ABSTAIN: Burgess, None None None Dunham, Meehan, Krasnansky, Sieminski, simutis and Hilton -1- . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 91-035 ATTEST: (City Seal) -2- APPROVED AS TO FORM: Perkins Coie, Attorneys for the city of Seward, Alaska 7~N~ Fred B. Arvidson city Attorney . BEFORE THE CITY COUNCIL FOR THE CITY OF SEWARD ACTING AS SEWARD BOARD OF ADJUSTMENT An application for Conditional Use Permit as filed by Kenai Peninsula Borough ) ) ) ) ) ) Seward Landfill Operation In Re: DECISION OF BOARD OF ADJUSTMENT April 8, 1991, the Seward City Council considered the appeal of the Kenai Peninsula Borough ("KPB") of the granting of a conditional use permit by the . Planning and Zoning Commission. For the reasons set forth herein, we AFFIRM but MODIFY the decision of the Commission. We grant the conditional use permit, but with modification to the conditions imposed upon the KPB with respect to road access to the transfer site. 1/ The City Council acknowledges and expresses its appreciation to the KPB staff, and especially the Borough attorney, for cooperating with City staff in developing this more detailed statement of facts. As indicated below, the record developed at the Commission level is not sufficient to sustain the conclusions reached. However, we are aware of the time pressures upon the KPB to develop a transfer facility soon, Thus, rather than remand this matter for more complete development of the record, we have sought and obtained the assistance of the KPB in providing the information required by us to render a decision within a more prompt time frame. For this assistance we are grateful, and believe it represents the type of intergovernmental cooperation that best typifies serving the public interest. . . HISTORY OF SEWARD LANDFILL OPERATION . The Seward landfill serves the communities of Seward, Moose Pass, Crown Point, Hope, Cooper Landing and surrounding areas. Estimated current annual tonnage is 4,500 tons. The Seward landfill is located north of the main city of Seward, and off Dimond Boulevard, on 160 acres in the NE 1/4 of S28, TIN, R1W, Seward Meridian. Although it is difficult to determine when it was first used as a landfill site, the Borough has supervised and assumed site operations since 1974. The Borough has an operational permit with the ADEC, valid through September, 1991. The Borough's operations have always included an expectation that, as the landfill's capacity was reached, an alternative site and/or method of meeting the solid waste needs of the communities would be required. This expectation has been fulfilled, and the useful life of the existing facilities is rapidly expiring. In anticipation that the Seward landfill and other sites in the Borough would soon reach capacity, the KPB began the process of planning for future solid waste disposal facilities. A number of different methods and sites have been considered, including possible use of solid waste for electrical generation, construction and operation of a new landfill on some alternate site, the baling and transfer of waste to some central facility, and finally the operation of a transfer site. On April 17, 1990, the KPB Assembly adopted a resolution of recommendation for improvements at the Seward landfill. The recommendations included the closeout of the existing landfill, construction of a transfer station, and extension of a dike intended to protect the site from the Resurrection River, a glacial river of high energy that has posed serious flood hazards in the past. It was determined that transfer of Seward's waste, with final disposal at the Soldotna landfill, was the preferred option among those being considered. . Board of Adjustment DecisionlPage 2 . A solid waste transfer facility involves the transport of waste products to a transfer facility where they are initially separated and then loaded into containers for shipment to the KPB waste disposal site near Soldotna. Although difficult to determine with precision, it is probable the useful life of the existing facilities does not extend beyond the 1991 calendar year. With this in mind, the KPB has pursued the necessary permitting required for the development of new facilities in cooperation with the City of Seward. THE NEW PROPOSED USE . Residents of any neighborhood have a reasonable expectation that commercial or industrial traffic through a neighborhood can cause congestion, noise and other disruptions. Any activities that substantially alter this situation, are a legitimate concern of the Commission and this Council, and underlie the conditional use permit system. A change in use of any major adjacent operation such as a landfill that may cause even greater traffic congestion, noise and safety concerns represents a legitimate concern on behalf of neighborhood residents. The existing facility poses some problems as it now operates, which include the following: 1. Trucks and other vehicles driving to and from the landfill site pose an increase in traffic well beyond that which would normally be expected on a residential street in a residential area. . Board of Adjustment OecisionlPage 3 . 2. The recent construction of the Seward Elementary School further increases congestion in the neighborhood, and with the opening of the landfill facility school bus services for children living close to the school have been discontinued. The result is that there is now more foot traffic involving small children in the immediate neighborhood than would have been the case before the school construction (when school bus service was provided to the neighborhood). 3. Dimond Boulevard, the residential street upon which landfill traffic has been diverted, was constructed under subdivision standards that have since been changed. The paved right-of-way for Dimond Boulevard is 40 feet. Under existing road standards a minimum of 60 feet would be required for that same road, were it to be constructed under the present regulations. . We believe the changes in the road construction standards properly reflect an increased concern within the community that residential streets be constructed to standards that will promote the health and safety of neighborhood residents. 4. Although the actual number of vehicles currently using Dimond Boulevard is subject to some debate, based on the evidence before the Commission, we think it is apparent that there may be SOME increase in the number of heavy trucks on the street from future solid waste operations. '2/ '2/ It is conceivable that the number of heavy trucks may be decreased if the KPB retrofits the proposed facility with a baler operation as mentioned in the original application and discussions with the Commission. . Board of Adjustment Decisioo/Page 4 . We think the Commission and this Council may, within the broad policy framework of the existing code, consider the impact of any solid waste disposal facility upon the character of adjacent neighborhoods and the impact of operations on public safety -- especially the safety of children walking to and from a neighborhood school. But, as important as these considerations may be, we also feel it is important for us, as a Council, to realize the KPB is also acting in the public's interest in proposing the construction of the landfill site. Both governmental entities represent the public and, although Seward residents may not be technically affected by the location of a transfer site outside the city limits, the City and the KPB have never taken such parochial views of their respective jurisdictions. 31 It hardly serves the broad public interest for us to ignore the views and concerns of those who live near our city. We are also aware the KPB has expended substantial effort and resources . on the development of the transfer site. Although we understand there may be other alternative sites that could be used, we support the KPB's continued commitment to develop the needed facilities as soon as possible. We hope our decision in this matter will not thwart those efforts nor disrupt the bidding process, which we understand is well underway. The essential problem boils down to this: Will the continuation, and perhaps expansion of traffic to and from the transfer site, justify the imposition of considerable expense to the KPB to develop an alternative access road to the site? Although we believe it may well be so, we are not willing to impose such a large financial burden based on the evidence available to us and the Commission. . 3/ Indeed, the notification sent by the Borough Mayor to residents of the Exit Glacier Road - one possible alternative site - reflects the competing bullegitimate needs in the disposal of solid waste. Even though some of the people were present at the council meeting during which this Board of Adjustment convened, we felt it appropriate to hear and consider the comments of these citizens, though they were technically not Seward residenis. Board of Adjustment Decision/Page 5 . . The transcript of the Commission hearing demonstrates the difficulty in making these decisions in the near-total absence of hard, factual data. We commend the Commission for its effort to deal with these difficult issues. We modify the decision in an effort to provide a basis for the development of that information upon which we believe the difficult policy decision should be made. We therefore modify the grant of the conditional use permit as follows: 1. The permit will be subject to review after January 1, 1994, but before June 30, 1994. This should provide ample time for development of the required information, some actual experience with the operation of the transfer site, and efforts to find the cost and feasibility of alternative solutions. 2. The KPB will conduct random and statistically meaningful traffic studies on Dimond Boulevard to identify the over-all traffic load, the type of vehicles using the road, and whether or not the vehicles are associated with transfer site activities. . The city engineer will work with the KPB staff to verify the statistical accuracy and methodology for those studies. At a minimum, we expect data to be developed which will provide sufficient information for a policy-making body such as this Councilor the Commission to make a reasoned decision. 3. The City and the KPB will jointly explore the engineering feasibility of construction of an alternative access road to the transfer site. Of course, neither the KPB nor this Council can bind future governmental bodies with commitments to pursue funding for such construction. We think it would be entirely reasonable for the City and KPB to jointly explore the possibility of seeking and obtaining state and/or federal grant monies to accommodate this project. Board of Adjustment Dedsion/Page 6 . . 4. No later than December 31, 1993, the respective staffs of the KPB and the City will review the studies and, if the studies demonstrate that the traffic levels on Dimond Boulevard attributable to transfer site operations have increased more than twenty (20%) percent from an established baseline, then this permit shall be subject to review and modification/revocation utilizing existing Seward City Code criteria and the following factors: a. continued operation of the transfer site and such improvementslmodifications or plans to ameliorate any adverse effect of operations made apparent during the preceding two years; and b. a cost/benefit analysis considering the relocation of the transfer site to a more suitable location within or outside the city limits. Upon finding by the Commission utilizing the procedures for public hearing set forth in Seward City Code (conditional use permit) that the adverse impacts of the landfill outweigh the costs of relocation, or necessary improvements, the City will promptly confer with the KPB and work toward the development of a mutually acceptable long-range plan to be presented to the Planning and Zoning Commission for review and ultimate approval by this Council. In addition, we encourage efforts to protect the public health and safety concerns, including restrictions on hours of operation, seasonal variations in landfill activity and other factors made apparent by the studies. . Board of Adjustment DecisiontPage 7 . . . The City will maintain and preserve a file of citizen comments, complaints, or other materials reflecting on operations of the landfill. This material will be supplied to the KPB for analysis and review. Similarly, the KPB will exchange public comments, complaints and engineering data and materials with the City for consultation and review. We believe this approach presents the best effort to compromise existing concerns and provide a mechanism for the development of a long-range solution. Any additional traffic, especially truck traffic on Dimond Boulevard, greatly concerns this Council from a public health and safety standpoint. DATED this ~]) day of April, 1991, at Seward, Alaska. BOARD OF ADJUSTMENT BY: O~-t~ Chairman A TrEST: Board of Adjustment DecisionIPage 8