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1996-12-18 Regular MeetingKODIAK ISLAND BOROUGH t PLANNING AND ZONING COMMISSION REGULAR MEETING - DECEMBER 18, 1996 MINUTES I. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by Chair Friend on December 18, 1996 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Jerrol Friend, Chair Donna Bell Clarence Selig Marry Shuravloff Commissioners Absent: Roberta Scheidler - Excused Darlene Turner - Excused One position vacant A quorum was established. III. APPROVAL OF AGENDA Others Present: Linda Freed, Director Community Development Dept. Bob Scholze, Associate Planner Community Development Dept. Eileen Probasco, Secretary Community Development Dept. COMMISSIONER SELIG MOVED TO ACCEPT the agenda as presented by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER BELL MOVED TO ACCEPT the minutes of the November 20, 1996 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. P & Z Minutes: December 18, 1996 Page l of 6 r VI. PUBLIC HEARINGS A) Case 96-021. Request for a conditional use permit, in accordance with Section 17.13.040.E Conditional Uses, of the Borough Code, to permit a log transfer facility, including in -water transfer of logs, in the C-Conservation Zoning District. Generally located within Section 6, T30S, R20W, near the mouth of Myrtle Creek in Kalsin Bay. BOB SCHOLZE indicated 97 public hearing notices were mailed for this case and 7 were returned, all opposing this request. He reported that the draft staff report had been broken into two sections: 1) the ACMP Coastal Consistency Review, and 2) the conditional use permit. Based upon the information received thus far, the draft staff report recommended that the proposed log transfer facility (LTF) be found inconsistent with the ACMP, and denial of the CUP. However, MR. SCHOLZE pointed out that the recommendations were subject to reevaluation and revisions with the inclusion of additional information. The staff report acknowledges that appropriate conditions, safeguards or stipulations addressing project scheduling and operation could be imposed by the Commission and/or DGC (Division of Governmental Coordination) that might allow the LTF to operate at Myrtle Creek consistent with the standards for a CUP. In order to allow for a public hearing in Chiniak and for a full Commission to hear the case, with concurrence of the applicant, staff recommended the Commission postpone action on this request until the January, 1997 regular meeting. COMMISSIONER SHURAVLOFF declared that he was a Leisnoi shareholder and asked for a determination from the Chair that he might have a conflict of interest. CHAIR FRIEND acknowledged that COMMISSIONER SHURAVLOFF had a conflict, but pointed out that if he were asked to step down from the dias there would not be a quorum to make the motion to postpone. CHAIR FRIEND determined that COMMISSIONER SHURAVLOFF could sit with the Commission at this meeting for the purpose of participating in the motion to postpone, but that he would not be allowed to comment, deliberate or discuss anything regarding the request. COMMISSIONER BELL MOVED TO POSTPONE action on Case 96-021 until the January, 1997 regular meeting. The motion was SECONDED. Regular Session Closed. P & Z Minutes: December 19, 1996 Page 2 of 6 CPublic Hearing Opened: Virginia Adams. President of Northwest Setnetters Association, called to express her opposition to the proposed LTF at Myrtle Creek. She felt that the facility would conflict with salmon, herring and dungeness crab fisheries in Kalsin Bay, and that the facility would be harmful to the marine environment as well as the uplands. She agreed with the staff recommendation in the draft report and encouraged the Commission to deny the CUP request. Oliver Holm. fisherman, appeared before the Commission to express his opposition to this request. He was concerned about losing crab fishing gear stored in Kalsin Bay, about the conflict with commercial as well as sport fishing, about the severe weather conditions in Kalsin Bay (not weather protected waters), and about possible broken cables and bark getting tangled in fishing nets. David Nesheim, agent for the applicant, appeared before the Commission to answer questions, and to encourage them to read the written comments he had submitted in response to DGC concerns. He stated his intention to respond to the draft staff report, and would have his response available soon. David Odell, Chiniak resident, appeared before the Commission and stated that his concerns focused on the impact of the LTF on subsistence fishing, the unprotected weather, and the possible pollution to Myrtle Creek and No Name Creek. He didn't feel that the LTF should be allowed to infringe upon the rights of commercial and subsistence fishermen. Peter Allen, commercial fisherman, appeared before the Commission and commended Leisnoi for trying to address concerns expressed by residents and for trying to minimize the potential impact of the LTF. He felt that the facility would conflict with salmon, herring and dungeness crab fisheries in Kalsin Bay, he was concerned about pot storage and felt the bay was too shallow to avoid disturbing the gear, and he felt that the tree bark would be harmful to the marine environment. Public Hearing Closed. Regular Session Opened. Staff asked for direction from the Commission on whether to schedule this case for another public hearing in January, and also if they wished to try to hold a public hearing in Chiniak to replace the December 4 worksession that was cancelled. The Commission confirmed that a public hearing in Chiniak on January 8, and in town at the January 15 regular meeting was their intention. P & Z Minutes: December 18, 1996 Page 3 of 6 ! The question was called and the motion CARRIED by unanimous roll call vote. VII. OLD BUSINESS A) Case S94-028. Request for a two (2) year extension (until December 20, 1998) of preliminary approval of the subdivision of Lot 7A, Block 5, Miller Point Alaska Subdivision, 1st Addition, creating Lots 7A-1 through 7A-5, Block 5, Miller Point Alaska Subdivision, 1st Addition. 4053 Cliffside Road. Staff recommended approval of this request and confirmation of the original 8 conditions of approval. COMMISSIONER SELIG MOVED TO GRANT a two (2) year extension (until December 18, 1998) of preliminary approval of the subdivision of Lot 7A, Block 5, Miller Point Alaska Subdivision, 1st Addition, creating Lots 7A-1 through 7A- 5, Block 5, Miller Point Alaska Subdivision, 1st Addition, and reconfirm the original eight (8) conditions of approval. The motion was SECONDED and CARRIED by unanimous roll call vote. B&C) Case 95-005. Planning and Zoning Commission review of Categories A (Road C. _ System Parcels) and B (Rural/Remote Parcels [Non-LBTC Parcels]) of the 1991 and 1992 tax foreclosed properties (Postponed from the October, 1996 regular meeting), and Case 96-003. Planning and Zoning Commission review of Categories A (Road System Parcels) and B (Rural/Remote Parcels [Non-LBTC Parcels]) of the 1993 and 1994 tax foreclosed properties (Postponed from the October, 1996 regular meeting). BOB SCHOLZE indicated that all 1991, 1992, 1993 and 1994 parcels were being combined for the purpose of this action. He stated that there are a total of 14 parcels contained within Categories A and B, and staff recommended the Commission recommend to the Assembly that one (1) of these parcels be declared "public" and retained by the Borough for public use, and that the other thirteen (13) parcels be offered at the next KIB land sale. COMMISSIONER SHURAVLOFF MOVED TO RECOMMEND to the Kodiak Island Borough Assembly, that the following parcel be declared "public' and retained by the Borough for public use: 94-01 Tract E-2A, U.S. Survey 3218 3338 Mill Bay Road P & Z Minutes: December 18, 1996 Page 4 of 6 �^ The motion was SECONDED and CARRIED by unanimous roll call vote. COMMISSIONER SHURAVLOFF MOVED TO RECOMMEND to the Kodiak Island Borough Assembly that the following tax foreclosed parcels are declared not to be of "public need", and that they be offered at the next KIB land sale. 91-28 Lot 12A, Bk 1, Monashka Bay Subd. 2887 Bay View Dr. 93-03 Tr. P-1, Holland Acres, 2nd Raven Circle/Balika 93-04 Lot 10, Bk 2, Island Lake Subd. 3147 Ptarmigan Pass 93-05 Lot 11, Bk Z Island Lake Subd. 3131 Ptarmigan Pass 93-06 Tract A, Miller Point Subdivision 3663 Otmeloi 94-02 Lot 8, Bk 3, Kodiak Townsite (Ptn. oj) 216 Mill Bay 91-32 ASLS 82-133, Tr. A Ugak Bay 94-03 U.S. Survey 1917 Cape Ugat 94-10 Tr. A, U.S. Survey 2565 Kupreanof Strait 94-10 Tr. B, U.S. Survey 2565 Kupreanof Strait 94-10 Tr. C, U.S. Survey 2565 Kupreanof Strait 94-10 Tr. D, U.S. Survey 2565 Kupreanof Strait 94-11 ASLS 87-180, Tr. A Santa Flavia Bay The motion was SECONDED and CARRIED by unanimous roll call vote. VIIL NEW BUSINESS There was no new business. IX. COMMUNICATIONS COMMISSIONER SELIG MOVED TO ACI£NOWLEDGE RECEIPT of items A through B of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Letter dated November 22, 1996 to Jerome Selby, Borough Mayor, from David Nesheim, resigning his position as Planning and Zoning Commissioner. B) Letter dated December 2, 1996 to Del Brown, Brown Bear Welding, from Tom Bouillion, RE: Postponement of Similar Use Determination, for the illegal use at Lot 23B, USS 3099. There were no further communications. X. REPORTS P & Z Minutes: December 18, 1996 Page 5 of 6 L Staff reported that the worksessions scheduled for December 25 and January 1 were cancelled. COMNIISSIONER BELL MOVED TO ACKNOWLEDGE RECEIPT of reports. The motion was seconded and CARRIED by unanimous voice vote. There were no further reports. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS XIIL ADJOURNMENT CHAIR FRIEND adjourned the meeting at 8:35 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING CONMUSSION ATTEST By: Lpz RIL4)6--� Eileen Probasco, Secretary Community Development Department DATE APPROVED: January 24, 1997 P & Z Minutes: December 18, 1996 Page 6 of 6