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Home My WebLink About07062006 Planning & Zoning Packet Seward Planning & Zoning Commission July 6, 2UU6 7:3U p.m. Re~ular Meeting 'ity Council Chambers . Marianna Keil Chair Term Expires 02107 1. Call to Order 2. Opening Ceremony Tom Smith Vice-Chair Term Expires 02107 A. Pledge of Allegiance 3. Roll Call Margaret Anderson Commissioner Term Expires 02109 4. Special Reports & Presentations A. City Administration Report Kevin Clark Commissioner Term Expires 02109 B. KPB Planning Commission Report - Lynn Hohl C. Other Reports, Announcements & Presentations Lynn Hohl Commissioner Term Expires 02108 1. Liaison from Seward Bear Creek Flood Service Area Board Sandie Roach' Commissioner Term Expires 02107 5. Citizens' Comments on any subject except those items scheduled for public hearing. [Those who have signed in will be given the first opportunity to speak Time is limited to 2 minutes per speaker and 30 minutes total time for this agenda item} Kay Strobel Commissioner Term Expires 02108 Clark Corbridge City Manager 6. Approval of Agenda and Consent Agenda. [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a Commissioner so requests. In the event of such a request, the item is returned to the Regular Agenda.} Maggie Wilkins Assistant Planner Donna Glenz Planning Assistant .. Christy Terry Executive Liaison Planning & Zoning Commission July 6, 2006 Regular Meeting Agenda Page 1 7. Public Hearings [Limit comments to 5 minutes. Those who have signed in will be given the first opportunity to speak] A. Unfinished Business requiring a Public Hearing 1. Resolution 2006-07 recommending City Council amend Seward City Code Parking Requirements, 15.10.215 to ensure compliance with the parking requirements of the Federal Americans with Disabilities Act [postponed from the March 7, 2006, April 4, 2006 and May 4, 2006 Planning and Zoning Meetings] ................................................... Page 04 B. New Business Items requiring a Public Hearing 1. RcsehltioR 2QQa 1 (j recommending City COl:lReil 8flflFe'/w of ameRding the Land Use Pllm and fCZ:emag ef Lets 7 ana 8, Block 17, Original TovrRsite of 8ewam from Single Family Residential (R1) to .\l:lto Cemmercial (AC) [pulled from the agenda by the applicant].... Page 19 2. Resolution 2006-17 recommending City Council and the Kenai Peninsula Borough approval of the Replat of Lot 17 A, Block 9 and Lots 1 and 2, Block 4, Original Townsite of Seward, including: Vacation of the portion of Washington Street located between Fifth Avenue and the East boundary of the alley located 100 feet to the West; including any associated utility easements; and adding an additional twenty (20) feet to the East side of the alley between Washington Street and Railway Avenue ............ Page 21 8. Unfinished Business - None 9. New Business A. Approval of revising the 2006 Planning and Zoning scheduled meeting calendar to include the third Tuesday of each month as a Special Scheduled Meeting for Public Hearing Items and establish the Special Scheduled Public Hearing Cutoff dates ............................................................................................................ Page 52 * B. June 6, 2006 Regular Meeting Minutes ..................................................... Page 55 10. Informational Items and Reports (No action required) A. "Garbage Can Grants Save Kenai Bears" written by Russell Freeman Stigall Anchorage Daily News, Seward Phoenix Log, published: May 31, 2006 Page 63 11. Commission Comments Planning & Zoning Commission July 6. 2006 Regular Meeting Agenda Page 2 12. Citizens' Comments {Limit to 5 minutes per individual - Each individual has one opportunity to speak] 13. Commissions and Administration Response to Citizens' Comments 14. Adjournment .. Planning & Zoning Commission July 6, 2006 Regular Meeting Agenda Page 3 Sponsored by: Planning and Zoning Commission CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2006-07 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING THAT THE SEWARD CITY COUNCIL AMEND SEWARD CITY CODE PARKING REQUIREMENTS 15.10.215 TO ENSURE COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT WHEREAS, the Planning and Zoning Commission has requested an amendment be made to the Parking Code; and WHEREAS, the accessible parking requirements as required by the City Code are not in compliance with the Americans with Disabilities Act; and WHEREAS, providing proper dimensions for this type of parking will contribute to the orderly development of property within the community; and WHEREAS, amending the Seward City code by adopting the parking requirements of the Americans with Disabilities Act will make the City's parking requirements consistent with Federal standards; and WHEREAS, the public notification process has been complied with. NOW, THEREFORE, BE IT RESOLVED by the Seward and Planning Zoning Commission that: Section 1. The Commission recommends Ordinance 2006-XX be forwarded to City Council for approval. Section 2. This resolution shall take effect immediately upon its adoption. 4 Seward Planning and Zoning Commission Resolution 2006-07 Page 2 of2 PASSED AND APPROVED by the Seward Planning and Zoning Commission this 6th day of July, 2006. THE CITY OF SEWARD, ALASKA Marianna Keil, Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) " 5 Sponsored by: Plannin!! and Zonin!! Commission Introduction Date: Public Hearing Date: Enactment Date: CITY OF SEWARD, ALASKA ORDINANCE 2006- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMEND SEWARD CITY CODE PARKING REQUIREMENTS 15.10.215 (0) HANDICAPPED PARKING TO ENSURE COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT WHEREAS, the Planning and Zoning Commission has requested an amendment be made to the Parking Code; and WHEREAS, the accessibility parking requirements as required by the City Code are not in compliance with the Americans with Disabilities Act; and WHEREAS, providing proper dimensions for this type of parking will contribute to the orderly development of property within the community; and WHEREAS, amending the Seward City Code by adopting the parking requirements of the Americans with Disabilities Act will make the City of Seward's parking requirements consistent with Federal standards; and WHEREAS, the certified minutes and public records of the Planning and Zoning Commission proceedings have been provided to the City Council. NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF SEWARD ORDAINS that: Section 1. The Seward City Code is hereby amended to read as follows: 15.10.215. (0) HandicaDDed Parkinl! Reauirements is hereby amended as follows (Strikethroughs = deletions and are bold, Underline = additions and are bold): (a) Hlllfdieapped ptJTking. The feDlA\'ing minimum aft' sweet handieepped parking faeilities shall he pr8"lided. Haudieapped spaees shall he at least 12 feet wide. Eat'!h spaee shaD he desiguated as reserved far physieally haudieapped individuals. All haudieapped spaees shall he within lOO feet af au eBtranee that is aeeessiIJle ta handieapped iudR'iduals if ane is retJuil't!d. Co T.4aBLE INSET: Total Spat'les in Parldng Area Handieapped Spaees Rillluired 8 2e l- 2fi fi9 ~ fiO 99 ~ 90 120 4- Over 120 !-- (0) Accessible parkin!:. All parkin!: reQuirements shall complv with the Americans with Disabilities Act. Section 2. The above recitals are incorporated herein by reference. Section 3. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THIS _ DAY OF , 2006. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) I P&Z Agenda Statement From: Amended by: Clark Corbridge, City Manager Malcolm G. Brown, Planner \.~ Donna Glenz, Acting Planner J.~V" U r of'S!01l< ~'1~ ~~b...~ 0 " ...\....."...~ ~:~;;'. 'l(AS"'" Meeting Date: July 6, 2006 Through: Agenda Item: Amending the Parking Code to ensure compliance with the Americans with Disabilities Act BACKGROUND & JUSTIFICATION: The Planning and Zoning Commission has been discussing amendments to the Parking Code requirements contained in the Seward City Code, 15.10.215. Staff and commissioners have received numerous inquiries from members of the public about the functionality of the present requirements. Parking has been an ongoing concern of the commission; parking is always addressed during the Conditional Use Permit process and was an action item in the 2020 Seward Comprehensive Plan (2006). The handicapped parking requirements in the Seward City Code do not require the same dimensions and level of detail as found in the parking requirements of the Americans with Disabilities Act (ADA). In order for the City Code to be in compliance with ADA, the Code needs to be amended to adopt ADA parking standards. The accompanying resolution and proposed ordinance were presented at the March 4, 2006 regular meeting and postponed due to time constraints. They were not on the agenda at the April 4, 2006 meeting due to not being posted as a public hearing item. Resolution 2006-07 and the proposed City Council Ordinance were placed on the Planning and Zoning Agenda of the May 4, 2006. The Commission discussed and amended the proposed Ordinance and Postponed the Resolution until the July 6, 2006 Planning and Zoning Meeting. P&Z Resolution 2006-07 and the proposed City Council Ordinance as amended are attached for review and approval. Commissioner Hohl requested at the May 4, 2006 Planning and Zoning meeting that staff include notes and a proposed code change she had submitted for a work session in September 2005. Please fm41ltese notes attached. , .1 The following amendments are being proposed: 15.10.215. (0) Handkaooed ParkinS! ReQuirements is hereby amended as follows (Strikethroughs = deletions and are bold, Underline = additions and are bold): 8 Page 2 on (0) Hlllldieapped parlEiltg. The faDewiog miBimum off street haodieapped pamog faeRRies shaD be prO''lided. Haodieapped spaees shall he at least 12 reet wide. Eaeh spaee shall be designated as reserved for p~'sieally handieapped iBdividuals. All handieapped spaees shall he withiB 200 feet of an entF80ee that is aeeessible to haadieapped iBdp\'iduals if one is required. TABLE INSET: Total Spaees in Pamog :\rea Haodieapped Spaees Required 8 2S 1- 2(; 60 ~ (;0 90 !- 90 120 4- Onr120 ~ (0) }.eeessihle BBI'kiBe. :\11 BanWt!. requirements of the .....lBerieans with Disahilities ...."'et shall he eOlBslied with. NOTE: As Amended at the Mav 4. 2006 P&Z Meetin2: (0) Accessible parkine. All parkine requirements shall comply with the Americans with Disabilities Act. Staff recommends that no additions be made to the proposed ordinance, due to the ADA standards being a living document. When the ADA standards are amended in the years to come, this will require deconfliction of the City Code and the ADA standards. Adding additional requirements also creates a more lengthy review process for the public, construction industry, staff and property owners. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (2006) ..1L The Comprehensive Plan makes numerous mention of improving parking. 2. Strategic Plan (1999) The Strategic Plan does not address this issue. ..1L Note: A motion to approve Resolution 2006-07 was made by Commissioner Strobel and seconded by Commissioner Hohl. Resolution 2006-07, as amended remains on the table for discussion and adoption from the May 4, 2006 Planning and Zoning meeting. <1 Page 3 of3 RECOMMENDATION: Commission approve Resolution 2006-07, as amended, which recommends Council amend the Seward City Code Parking Requirements 15.10.215 to ensure compliance with the Americans with Disabilities Act. ID City of Seward, Alaska May 4, 2006 Planning Commission Minutes Volume 6, Page 48 Motion Passed Unanimous Consent Hohl expressed thoughts of the neighbors concerns over increased traffic within the alley. Motion (HohIlStrobel) Amend Resolution 2006-12, Add a new Condition number 5; "Applicant is encouraged to work with the neighboring property owners to mitigate traffic impacts in the aUey." Anderson stated she did not feel the amendment was necessary. Motion Passed Yes: Clark, Strobel, Smith, Hohl, Keil No: Anderson Hohl noted a "housekeeping" change, stating an extra letter "D" was located in the margin of Section I, item C. Vote on the main motion as amended Motion Passed Unanimous Unfmished Business Items requiring a Public Hearing Resolution 2006-07 recommending City Council amend Seward City Code Parking Requirements, 15.10.215 to ensure compliance with the parking requirements of the Federal Americans with Disabilities Act [postponed from the March 7,2006 and April 4, 2006 Planning and Zoning Meetings] Brown noted the current Seward City Code was not in compliance with the Federal Americans with Disabilities Act (ADA). He stated the recommendation of staff was to delete the current section 15.10.215 item (0) and replace it with anew item (0) to read "Accessible parking. AU parking requirements of the Americans with Disabilities Act shall be complied with". Keilstated the sentence contained poor grammar usage. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. No one requested to be heard and the public hearing was closed Motion (StrobellHohQ Approve Resolution 2006-07 Anderson voice strong concerns with the current accessible parking provided around the community. She felt it was impractical to change the code and expect parking to be changed. \ \ ~ City afSeward. Alaska May 4, 2006 Planning Commission Minutes Volume 6, Page 49 Smith reiterated the change to the City Code was to bring the code into compliance with current federal regulations. Motion (KeillHohl) Amend Resolution 2006-07, Change to read "All parking requirements shall comply with the Americans with Disabilities Act" Motion Passed Unanimous Consent HoW stated she had provided a lay-down of the Americans with Disabilities Act Accessibility Guidelines and she had also supplied a more detailed code revision. She noted she was disappointed staffhad not provided the detailed code change for the Commission. Anderson voiced concerns with the current City ADA parking. Smith supported the staff code change recommendation; he felt the direction the commission had expressed was to change the code to comply with the ADA so that as the ADA requirements changed the City code remained current. Motion (Anderson/Hohl) Postpone Resolution 2006-07 until July 6, 2006 regular meeting. The Commission discussed the postponement. Smith stated action needed to be taken to bring the City code into compliance with the Federal regulations, and that current non-conforming areas should be addressed for change in the ADA Transaction Plan. HoW stated she did not support waiting until the July meeting. Motion (Hohl Amend the amendment to Postpone Resolution 2006-07 until June 6, 2006. Motion died for lack of second Motion Passed Yes: Anderson, Clark, Strobel, Keil No: Hohl, Smith Commission requested a 5-minute recess UnCmished Business - None New Business Resolution 2006-13 recommending Kenai Peninsula Borough approval of preliminary replat of Lots 13-15, Block 11, Original Townsite of Seward, Wenger Replat \'2.- Americans with Disabilities Act Accessibility Guidelines (ADAAG) for New Construction . , Notes submitted by Lynn HohL CJ 1. Parking. Minimum Number: 4.1.2(5)(a) and (b) General Use Parking: If self parking is provided for employees or visitors, each parking area/lot or structure is required to have accessible parking spaces complying with the following table and with 4.6. Note: Spaces required by the table need not be provided in the particular areallot or structure. They may be provided at a different location if equivalent or greater accessibility. in terms of distance from an accessible entrance, cost and convenience, is ensured. ~otal_~~~~~g_jn.~re~Lo~~r_~~~:t_~re ___________.__~:=:~~~uir~~--~injffiumN.umber of Accessible Spaces I 11 to 25 ,1 . j26to 50--.-------- -----.---------- ------------. :2"---.----------..---.-.--.-..- -... - -.------ .--------.------1 ;s-fto-ifi . - -.-.- .-.--.------.. ---..-----..-..-.- ----.- ..- -..--------------.-------'3----.---------------.. --.-.-.------ ..- -.--. -'---. -------.r ,..--.-------...--....... ~ --------_._------_....._----~ -- --- ----- j76t0100 - - -.----..-.:4----- rfofto-'150 - -0 - -----..- _...-------- ______._....0 ____h__.. ----...-------,5- ____u..___ -__..._____________._____.____ __ ___________________ rfS1 to 200----------- '6--------------. . , ~ono-306- .-.------ __m____..._u______________. 17 (3"0110'406 --.. ------..----.----- :8 , I r;:---u_u_-- --.--.---'-...-.--.---~-.--- r=- ~1~~0 ~ [501to.1001:l---------- i2 percent of total r;-.-------.---..----..--.."--------~~------- ~-.-.... :1001 and over :20 plus 1 for each 100 over 1000 ~--_..._.._-_._---_.~---- ---.- ..._.-._---~--------_._-_._---- -- In addition, one in every eight accessible parking spaces (but not less than one) must be served by an access aisle at least 96 inches wide and must be designated "van accessible." . Exception: Provision of all required spaces in conformance with the "Universal Parking Space Design" which accommodates both cars and vans is permitted (see Appendix A4.6.3 of ADAAG). Parking at Health Care Facilities: 4.1.2(5)(a), (b) and (d) Employee and visitor parking at general health care facilities must comply with the table above, except as follows. At outpatient units and facilities, 10 percent of the total number of parking spaces provided serving each such outpatient unit or facility must be accessible. At units and facilities specializing in treatment or services for people with mobility impairments, 20 percent of the total number of spaces provided serving each such unit or facility must be accessible. 1 -C Americans with Disabilities Act Accessibility Guidelines (ADAAG) for New Construction. Survey Form 1 Accessible Parking Facility Name: Reference ADAAG 4.1.2 (5); 4.6 Refer to Minimum Reauirements Summary Sheet CPar:ae 1 Survey Form 1 and ADAAG 4.6) Total # of Spaces In Lot # of Spaces Accessible # of Van Accessible Spaces General Use (use table in summary sheet above): Outpatient medical clinic or unit (10% of spaces required) Specialized Medical Unit serving people with . Mobility Impairments (20% of spaces required to be accessible) Reference Item Requirements Yes No Comment 4.1.2(5); Number - Accessible Parking Where parking spaces are provided for self-parking 4.6.1 Spaces: by employees or visitors or both, are the required . number of accessible parking spaces complying with 4.6 (see below) provided? (See Minimum Reauirements Summary Sheet 1 and ADMG 4.6\ Van Accessible Spaces: Is one in every eight accessible parking spaces (but not less than ane) desianated "van accessible?" 4.6.2 Location - Serving Accessible Are accessible parking spaces which serve a Entrance: particular building on the shortest accessible route of travel from adjacent parking to the building's accessible entrance? Separate Parking Facility: Where a parking facility does not serve a particular building, are the accessible parking spaces on the shortest accessible route of travel to the parking facilitv's accessible pedestrian entrance? 4.6.3 Parking Spaces and Access Are accessible parking spaces, including van Aisles - Width of Parking spaces, at least 96 inches wide with a demarcated Space: access aisle? (Two spaces may share a common aisle. See Figure 9) 2 Americans with Disabilities Act Accessibility Guidelines (ADAAG) for New Construction. If'l Reference Item Requirements Yes No Comment 4.1.2(5)(a) - Width of Car Access Aisles: Are all other access aisles at least 60 inches wide? 4.1.2(5)(b) Width of Van Accessible If the parking space is designated as "van Access Aisle; accessible," is the adjacent access aisle at least 96 inches wide? 4.6.3 Level: Are the accessible parking spaces and access aisles level with no slope greater than 1 ;50 in all directions? (This means a curb ramp cannot project into the access aisle.) 4.6.3; 4.3.6; Surface: Are access aisles stable, firm, and slip resistant? 4.5.1 4.6.3 Access Aisle and Accessible Does each access aisle connect directly to an 4.3 Route: accessible route complying with 4.3? (Use Form 3; Exterior Accessible Route) 4.3.3 Is the accessible route a full 36 inches wide and not reduced in width by vehicles overhanging parking SDace? 4.6.4 Signs - Accessible Parking Does each accessible parking space have a vertical Spaces: . sign, which is unobscured by a parked vehicle, showina the International Svmbol of Accessibility? 4.6.4 Van Accessible Spaces: Do van accessible spaces have a vertical sign, which is unobscured by a parked vehicle, showing the International Symbol of Accessibility with an additional sign ''Van-Accessible'' mounted below the symbol of accessibility? EXCEPTION: ''Van-Accessible'' sign is not required if all accessible parking spaces are Universal Parkina Desian.' (See Fiaure A5) 4.6.5 Van Accessible Spaces - Do van accessible spaces have a vertical clearance Vertical Clearance; of at least 98 inches? Does one vehicular access route to and from van accessible spaces have a vertical clearance of at least 98 inches? (Van accessible spaces may be grouDed on one level of a Darking structure.) 3 Americans with Disabilities Act Accessibility Guidelines (ADAAG) for New Construction, 25:l""n 4 Dimensions of Parking Spaces The access aisle shall be a minimum of 60 inches (1525 mm) wide for cars or a minimum of 96 inches (2440 mm) wide for vans, The accessible route connected to the access aisle at the front of the parking spaces shall be a minimum of 36 inches (915 mm) ..._!bI. ..... ~] it ....'..-;;;..1..-... .. "-;;;''' ;........ ..... .... · n :~,~ : .. "" I = I ,':, I 18 IIIIn 85..in .... .... 1~._ - c OM 114 "." ..U tlJ V#II ^<<~,,~ lS'lt:f. II ~1IfI If"", "Ie. A' ...kln_ .,... AIl.tn.II... UnWo...1 ".,~ 81"<< ~,.,. "18.'" ...kln_ Spa.. AIt._,I... 4 Notes submitted by Lynn Hoht Access ramps for accessible parking and routes 1. The least possible slope shall be used for any ramp. 2. The maximum slope of a ramp in properties constructed after July 26, 1992 shall be 1 :12. 3. The maximum rise for any run shall be 30 inches. 4. Curb ramps to be constructed on facilities existing prior to July 26, 1992 where space limitations prohibit the use of a 1: 12 slope or less may have slopes and rises as follows: (i) A slope between 1: 1 0 and 1: 12 is allowed for a maximum rise of 6 inches. (ii) A slope between 1:8 and 1: 1 0 is allowed for a maximum rise of 3 inches. A slope steeper than 1:8 is not allowed. 5. Transitions from ramps to walks, gutters, or streets shall be flush and free of abrupt changes. 6. Maximum slopes of adjoining gutters, road surface immediately adjacent to the curb ramp, or accessible route shall not exceed 1 :20. 7. The minimum width of a'curb ramp shall be 36 in (915 mm), exclusive of flared sides. Surfaces of curb ramps shall be stable, firm, slip-resistant. 8. Changes in level up to 1/4 inch may be vertical and without edge treatment. Changes in level between 1/4 in and 1/2 inch shall be beveled with a slope no greater than 1 :2. Changes in level greater than 1/2 inch shall be accomplished by means of a ramp. 9. If a curb ramp is located where pedestrians must walk across the ramp, or where it is not protected by handrails or guardrails, it shall have flared sides; the maximum slope of the flare shall be 1: 1 O. 10. Curb ramps with returned curbs may be used where pedestrians would not normally walk across the ramp. \1 11. Built-up curb ramps shall be located so that they do not project into vehicular traffic lanes. 12. A curb ramp shall have a detectable warning. The detectable warning shall extend the full width and depth of the curb ramp and shall consist of raised truncated domes with a diameter of nominal 0.9 in (23 mm), a height of nominal 0.2 in (5 mm) and a center-to-center spacing of nominal 2.35 in (60 mm) contrasting visually with adjoining surfaces, either Iight-on-dark, or dark-on- light. The material used to provide contrast shall be an integral part of the walking surface. 13. Curb ramps shall be located or protected to prevent their obstruction by parked vehicles. 14. Curb ramps at marked crossings shall be wholly contained within the markings, excluding any flared sides (see Fig. 15). 15. If diagonal (or corner type) curb ramps have returned curbs or other well-defined edges, such edges shall be parallel to the direction of pedestrian flow. 16. The bottom of diagonal curb ramps shall have 48 in (1220 mm) minimum clear space as shown in Fig. 15(c) and (d). If diagonal curb ramps are provided at marked crossings, the, 48 in (1220 mm) clear space shall be within the markings (see Fig. 15(c) and (d)). If diagonal curb ramps have flared sides, they shall also have at least a two feet long segment of straight curb located on each side of the curb ramp and within the marked crossIng. 17. Any raised islands in crossings shall be cut through level with the street or have curb ramps at both sides and a level area at least 4 feet long between the curb ramps in the part of the island intersected by the crossings. \s P&Z Memo Meeting Date: June 6, 2006 r ofiS"1f;; ~"1! t: ~Ii<\"""o (j .'1........~. ' . "'~; .". ~~~~~#, "'iAs"'!> Through: Clark Corbridge, City ManagJ \ ._ \J/j Donna Glenz, Acting Planner / q From: Agenda Item: Resolution 2006-16 recommending City Council approval of amending the Land Use Plan and rezoning of Lots 7 and 8, Block 17, Original Townsite of Seward from Single Family Residential (RI) to Auto Commercial (Ae) The applicant requested the application to rezone Lots 7-8, Block 17 Original Townsite of Seward from Single Family Residential (Rl) to Auto Commercial (Ae) be postponed until a latter date. \Q ENeWN TOURS 600 Port Avenue P.O. Box 2127 Seward, Alaska 99664 (907) 224-4378 Fax (907) 224-7006 TO: Malcolm Brown Community Development City of Seward P.O. Box 167 Seward Alaska, 99664 June 23, 2006 Thank you for accepting and processing our application to rezone Lots 7-8, Block 17 at Second A venue and D Street. This letter is to let you know we intend to make amendments and would like the application withdrawn from the July 6 Planning and Zoning Commission agenda. We understand that the amended application may be placed on the agenda for consideration in August. I appreciate your attention to this matter, Sincerely, L _ __ ~S::~dY6V 20 Sponsored by: Applicants CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2006-17 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, RECOMMENDING CITY COUNCIL AND THE KENAI PENINSULA BOROUGH APPROVAL OF THE REPLAT OF LOT 17A, BLOCK 9 AND LOTS 1 AND 2, BLOCK 4, ORIGINAL TOWNSITE OF SEWARD, INCLUDING: VACATION OF THE PORTION OF WASHINGTON STREET LOCATED BETWEEN FIFTH AVENUE AND THE EAST BOUNDARY OF THE ALLEY LOCATED 100 FEET TO THE WEST; INCLUDING ANY ASSOCIATED UTILITY EASEMENTS; AND ADDING AN ADDITIONAL TWENTY (20) FEET TO THE EAST SIDE OF THE ALLEY BETWEEN WASHINGTON STREET AND RAILWAY AVENUE WHEREAS, the National Park Service has submitted a replat to the City of Seward which will incorporate the vacated portion of Washington Street, widen the adjacent alley by twenty (20) feet, and vacate interior lot lines for review and recommendation to the Kenai Peninsula Borough; and WHEREAS, the applicants wish to use the replatted property to construct the Mary Lowell Center, a multi-agency facility which will provide administrative offices and visitor services for the National Park Service, US Forest Service and a conference facility for use by visitors to Seward, the preceding agencies, and the City of Seward; and WHEREAS, constructing one building for the Mary Lowell Center at this location will provide more connectivity to visitor-related businesses, shared operation and maintenance expenses, ideal waterfront connection, an unobstructed view from the conference facility, and has the potential to contribute to the revitalization of the downtown area; and WHEREAS, in accordance with Seward City Code, the Commission held a public hearing on the request to vacate at their October 6, 2005 regular meeting and approved the request with certain conditions; and WHEREAS, the Kenai Peninsula Borough Planning Commission held a public hearing on the request to vacate at their November 28, 2005 regular meeting and approved the request to vacate subject to certain conditions, including providing suitable turnaround area for vehicles of emergency service providers and ensuring that there is an alternate tsunami escape route; and 2' Seward Planning and Zoning Commission Resolution 2006-17 Page 2 on WHEREAS, the City Council did not object to the vacation of that portion of Washington Street within 30 days of the decision by the Kenai Peninsula Planning Commission and consent was deemed to have been given to the vacation; and WHEREAS, in accordance with Seward City Code, the Commission held a public hearing on the preliminary plat at their July 6, 2006 regular meeting. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends that the Seward City Council and the Kenai Peninsula Borough approve the National Park Service request for the Replat of Lot 17 A, Block 9 and Lots 1 and 2, Block 4, OTS, including the vacated portion of Washington Street located between Fifth Avenue and the East boundary of the alley located 100 feet to the West, including any associated utility easements, and adding an additional twenty (20) feet to the East side of the alley between Washington Street and Railway Avenue, with the following conditions: 1. A vehicular and pedestrian traffic plan and off-site parking plan, including accessible parking, will be developed through public process and be approved by City staff. 2. City approves an alternate tsunami escape route. 3. An additional ten (10) feet of right of way along the East side of the alley should be dedicated to be in compliance with the minimum street width of fifty (50) feet as required by the Seward City Code or, alternatively, the NPS to obtain a satisfactory written and recordable right-of-way or easement for an additional ten (10) feet across adjacent property along the West side of the alley. 4. NPS to provide to the City easements satisfactory to the City for all existing and future utility needs. 5. NPS to execute satisfactory agreement(s) with the City to relocate utilities to the property as necessary, to construct the street between Washington Street and Railway Avenue, and to provide sidewalks to City specifications, all of which are to be completed at Mary Lowell Center Project expense at such time the Mary Lowell Center is constructed at this site. 2-2- Seward Planning and Zoning Commission Resolution 2006-17 Page 3 of3 . 6. The commission further recommends that the Kenai Peninsula Borough grant an exception to the applicant to delay the recording of the final plat. If this is not done, then the commission recommends that the City consider an agreement with NPS to allow continue use of the vacated portion of Washington Street as a public way until construction begins at the property. However, this paragraph 6 is not required as a condition to recording the final plat. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 6th day of July 2006. THE CITY OF SEWARD, ALASKA Marianna Keil, Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) 2.-3 P &Z Agenda Statement From: July 6, 2006 Clark Corbridge, City Manager (}Jt. '-3 o-() " Kirsten Vesel, Assistant City Manager 1(1( V Replat of Lot 17 A, Block 9 and Lots 1 and 2, Block 4, OTS, including the vacated portion of Washington Street located between 5th Avenue and the East boundary of the alley located 100 feet to the West, including any associated utility easements, and adding an additional twenty (20) feet to the East side of the alley between Washington Street and Railway Avenue r of'SE"lt; ~"'1\ ~ .~c. -"............... 0 --, ,. " "',,>. '~. '1 \:,,__,:.. ..~ii;.' <4(:...s",l>: Meeting Date: Through: Agenda Item: BACKGROUND & JUSTIFICATION: Attached for the Commission's review, recommendation to the City Council and the Kenai Peninsula Borough Planning Commission, is a preliminary plat from the National Park Service (NPS) for a replat which includes the vacated portion of Washington Street, approved by the Kenai Peninsula Borough Planning Commission, which is between Fifth Avenue and the alley 100 feet to the West, including all associated utilities, and includes vacation of interior lot lines, and widening of an alley. The NPS is the owner of the adjacent properties to the North and South of the vacated portion of Washington Street. In accordance with Borough requirements, the City must review and comment on plat requests before submittal to the Borough. Legal action has been taken against the City of Seward's failure to object to the vacation of Washington Street. The most recent legal decision has stated that a referendum is not appropriate for an appropriation of municipal assets. The Court considered the public right-of-way on Washington Street to be an asset. The Court's decision has been included as an attachment. This matter is currently before the Alaska Supreme Court on emergency appeal by Washington's Army. As of the date of this agenda statement, no injunction has been issued by any court preventing continued platting action. The applicant has proposed mitigation for concerns previously raised by the Commission and the Kenai Peninsula Borough Planning Commission with new features which are presented with this preliminary plat. These include: 1. the widening of the alley to provide access for emergency service and other vehicles; 2. incorporation of an eight (8) foot wide pedestrian easement at the North boundary 2-~ of the applicant's property; and 3. an alternate tsunami evacuation route which is to be approved by the City of Seward. Item 1 above requires further consideration. Widening of the alley was not previously presented with the concept sketch nor was it discussed as a potential mitigation measure but does help address access concerns. The additional 20 feet will allow for a 40' marginal access street permitted under the Kenai Peninsula Borough Code standards. However, City code requires street width of 50'. If a 50' wide street is necessary, this can be met if NPS obtains a right-of-way or easement for public use from the adjacent property owner in written and recordable form satisfactory to the City. Questions for the Commission to consider: Does widening the alley to forty (40) feet to create a "marginal access street" consitiute compliance with the City's requirement for fifty (50) foot wide streets, as per SCC section 16.05.010? If so, will procurement of a 10' right-of-way or easement by NPS on adjacent property together with the 40' alley suffice to satisfy the City's 50' requirement? Administration Comments to Questions: The "marginal access street" will actually front on four lots, not three as stated by the applicant. Consider whether the small amount of frontage on Lot 38, Block 4, OTS should be counted as a fourth lot. Please note that access is provided by two other streets and this frontage it is too small for practical access in any event. The applicant is proposing the widening of the alley in order to be in compliance with the KPB criteria for minimum width for marginal access streets which serve no more than three lots. Since Fourth Avenue is one of the most highly traveled roads in the community, overflow traffic may flow from Fourth Avenue to the widened alley. Administration's Recommendations: ). Administration plans to propose an ordinance change to the city council adopting the 40 foot marginal access street with specific conditions. ). Administration recommends dedicating the alley to become a one-way street with traffic running north to south. ). Administration recommends considering the traffic study's recommendations to incorporate additional signage for optimal pedestrian and vehicular safety. ). Administration would like the P&Z commission to consider the best use of the other portion of Washington Street between the alley and 4 th Avenue. The Mary Lowell Center Advisory Committee has been looking at "pedestrian friendly" recommendations for this section of Washington Street. The end use of this 2-b portion of Washington Street would greatly impact the traffic flow and pattern of the surrounding areas. Preliminary Plat Review: Pedestrian Access and Safety: 1. Pedestrian East-West flow: The Kenai Peninsula Borough requires pedestrian ways every 600 feet. Block 9, Original Townsite of Seward is 600 feet in length, as are all the other Blocks in the downtown area. A pedestrian easement would be needed along the North of the vacated area or another pedestrian easement would be needed in Block 9, OTS, providing access from Fifth Avenue to Fourth A venue, in order to meet this requirement. The preliminary plat does have an eight (8) foot wide pedestrian easement along the North boundary. 2. Washington Street is a component of the tsunami evacuation route; however the Fire Chief has stated that alternate routes can be implemented subject to City approval. Encroachments: Currently, structures are located on the applicant's two adjacent lots. One of the structures, commonly known as the old Solly Building, encroaches onto the sidewalk along Railway A venue. This encroachment should be removed at such time as NPS develops the property. Utilities: There is a water line which runs underneath Washington Street. The Public Works Director has stated that the water line could be capped with no net loss of functionality of the water distribution system. The sewer line and overhead electric lines are located in the alley, which is on the West boundary of the vacated street area. The Electric Department stated that it, "May have a conflict with the street light circuit. May need to change the circuit to maintain power to existing lights." An easement of record is an option which could be considered. This type of an easement is easier to vacate than an easement created by plat, which could only be vacated by another platting action. NPS shall provide the City with a complete set of satisfactory utility easements. Zoning: Washington Street is in the Central Business District. Size: 2Jo The new lot created by the plat and including the vacated portion of Washington Street is approximately 21,314 square feet, which is approximately .49 of an acre. Floodplain status: The replatted area is not in the floodplain. Subdivision Agreement: The property is served by existing utilities and maintained streets, therefore, a typical subdivision agreement is not needed. However, the City recommends that: (a) NPS to provide to the City easements satisfactory to the City for all existing and future utility needs; and (b) NPS to execute satisfactory agreement with the City to relocate utilities to the property as necessary, construct the street between Washington Street and Railway A venue, and provide sidewalks to City specifications, all of which are to be completed at such time the Mary Lowell Center is constructed at this site. Recommended Plat Notes: See notes already included on preliminary plat. Interim Use of Was bing ton Street: The NPS has asked the Kenai Peninsula Borough for an exception to KPB ordinance 20.28.120 in order to delay recording of the replat until construction activity commences in the vacated portion of Washington Street. This would allow continued use of Washington Street until commencement of construction and retention of the street as a public way in the event this area is no longer needed as part of the project. Although such a waiver may not be possible, the Administration supports this concept. If such a waiver is not possible and the replat is recorded, the Administration would consider an appropriate written agreement between the City and the NPS which may allow the public to continue to use Washington Street across the property until such time that construction actually commences. If this portion of Washington Street is not needed because of changes in NPS plans, and the NPS so desires, the Administration is willing to work with the NPS to accomplish are-dedication of the street to public use. In such event, the NPS would desire that the 20' addition to the alley be vacated and returned to the original lot configuration. Seward City Code 15.10.140, Definitions: Alley- A dedicated public way which affords a secondary means of access to abutting 2/ property and not intendedfor general traffic circulation. Right-of-way-An area or strip of public land which incorporates or is intended to be occupied by, but not limited to, streets, alleys, sidewalks, bike paths, curbs, gutters, landscaping and/or public utilities. Street-A dedicated public way which affords the principal means of access to abutting property, such as an avenue, place, drive, boulevard, highway or other similar public thoroughfare, except an alley as defined herein. . Kenai Peninsula Borough Code 20.20.110 streets/ width requirements: The minimum right of way width of streets shall be as follows: ...D. Marginal access street, serving no more than 3 lots/ 40 feet' (Attachment is included) CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. RECOMMENDATION: Staff recommends that the Commission approve Resolution 2006-17, approving the replat of Lot 17 A, Block 9 and Lots 1 and 2, Block 4, OTS, including the vacated portion of Washington Street located between 5th Avenue, and the East boundary of the alley located 100 feet to the West, including all associated utility easements, and adding an additional twenty (20) feet to the East side of the alley between Washington Street and Railway A venue subject to the conditions specified in the approving resolution. 2..3 CUTlneATI=' or nWNI='Il'tl-llP " DFDlCATION I....,certilythotl_lhe_olthe'"'~-.o.nond delcribed'-"-ondthlltlhereb)oMloplthisplonof...wm.ionond by.... frel! cansmI. dedic:1Il11 01 ~,-of-woy lII"Wl pubk_to pWk _ and .-.I 1II1 -.n11 la the _ Ihown $Motel T_1ItII. 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IIIlld Ihot IllilJIUl"ItJOI'JI'l!POI'e<l this-oerol my request -.ilhinlhttcOpll lIfthis'I!lktIlf~.1IIelJ5[M.FateIIIs.rvieellflllllbe~lor IhiI-wrand~~"'eorrel:lilIns. fot"t Supe,...,;SOl' ""~ S.llRVF'YOA~ CF"RTIF'lCaTr t. RlInd, D. SdnriI, ~cmitp 11M 1 om II '*llr bnwd LonII SumJlIrIn lheSteleofAlala:l.endlhaftheoe<xwnporlJingplol....lrwanclcortwd l"IIpnMlIloliDrl 01 o.wyplrloonedll1llleOl'uncIIr myllncllllpll"lilionar ~..ondlhol"'dimenIionsondothetdelohof lhiIpIoIonCOlfect to lhelltslot'f"J'proI_1onlJI~GIIlIbII;tI. ~ """"\\'" $'~QF"A(~fll f.~~_91J;t* ~:'~ Regittratioft No. lS-7e09 :: ::: ~'\' .....'0: se;.;.w',-}: Randy D.5thronk ~'J~ u ~, "-.: Registered Lol'loll' Su~ J'I~'_""""""'- . "\",,,..., .cfH .ct LYO) , ~,~ s~~~ I - '!I"t ~ - ;"I~ J. Noperrnone.tsbudift....bIICD1'11lrvtl..gr,kKed....,an ;1~ =.whictI.udilllerferelliUl UIe otIi1ilyol a uliR,ta...lilt 40' b *' z /'" <t. M cIi:rlanca;....cnin U5. Surver Feel. srrOf:1M.. 5. TheIll1Cllll.rrlel~IId~adllllllJaisl_"'" ~7 9 NII9'56'5O"W" H.1J'(R1 . ___~!!d!..~~_~___i. " :C-i JUNl 2" 2006 .n L ""' aJwN1NG OFAClf tMl. lilT ol'ltJs.lT-; iT :1 g g g if), !;; ;, iI !! ~ ~ MARY LOWEll . CENTER REPLAT n LOT 17B 8 21,314 Sq, Ft b ~ il~_ I~ ! :5i ..~... "." ~ \'~~ ~ \1 ~ " ......""'. STRIEI 1:11 '. 'r~ - - -----.!!. '! sg' IS. ~.~ - ----1- ~ ~ I . ~ 2lI11.lKlWtorcftOtiorltJI ~ :'~Code-20.20.~.D I I +J I _ ~~~ 1\ '49, ,,' ,\,0 '\ c" -w B L I~ I ~ 40' Ie .~... (ID \\,~ ,~< / ~1> ,;~ " ~~) ...</ ." ~ lot. ...........-", or; O~ P. /'",' / ,,' ~ '6, 5'.'1 JjJ -,.' / ./ " .f,,-"'p.C ~ "\ \'- " / ~t. \!\ ./ '""""]- -, f'/'//. '" :--. t:;}/, ~ ~ \ ~'gI8 E I \ ""'. 1> ~ I \ "'" '..)!<I z .~ '<' _.~~ / ,..... / -- 1illlIl' + .. StOllllord ColIII CIIw:l CIcdeIie SurveJ IneCop IlOIIlf*l "Seeorl:I1964' PI< NoiI. set Ilf .... Mil:IM*II Cine. lS-1!H, in 2004 IlI!l "- IlII "-rd 6f SllrvIIy. PIIlt No. 2OlM-1 GIIlIIeCIWdeIl OItm/2ODl in Ihe s.-d Recarding Otfll::' ::;..= :. ~~?::':;:. ': :.'~~ ~ S':;"'l:~m. No. 2004-1_ _dell H/OJ/2004 ilia. s..ard ~ Olr_. _-iron Rbor""h l'dDW _it eap.tMd U 1J28 1996. <I DtTAll Seale: '-.<In . -lbndoryalMor1'--'Replat RECORDED-FILE UffIlllHI_nrl: 0: Light PvIn Voc:oted '-t ... e "-/lillii)' PaIelI L.../- ~ Vacollld portion of Wo$hinglDtl Strellt d" ~~I ~ ...- ell Water emll. DroiooQe (2'rlS) -CJiIoeI'1IeadElectritollintl S Stwtr Monllole CDnduilpipe -- ElriIIftJ lat line:I IlOift:_20_ -- I I J ~ I' ~ I I 40' HOlES: I. The purJlCI!e 01 I'" pIot;stG..oeal. aJlOl'llonofWnninglon Sl.-..l (&.94tq. fL)and lovaaatll thII illlllriorlDl ~nt!!Sol LalI7A, 1IlDc~ 9 (:Bonit; Replol) and Lab 1 and 2. lIack .. 01 tilt 0rigill0I s..n T-.a. 2. This~III1lbj!dIaIho!OI)'tJls-.rd2Ol'lirlgCllw:llorNt_ ~Natall_nllllllldlGllillt......oef__lhowlon t.. pial. 6. ThillIelrinQssholmonlhilplotortTfuw.uMa~llCllecl. 7. (R)Allllec:ardinlarmalilln.lbilof8lariniJ,andlal"'- weatlonsonfromlWconlaf!iurWJPlatMo.2004-7.~1Ir Wm. Nc:IDbI Oine. LS-15I9 IIIllI --*tl 06/03,12004 il'Illle s.-d IlKanIiIIg Clllricl. I. (C)Camp:lledinfDrlllllUanIlDlellIlll Clifte',reeorG inhII'matiDnCl noIIId~,NoFillds......,"'I","ormedin"'preparoliDrltJI tljsplal. 9. ThllWlCoteolIpoftiondWolhingIDtlSlreeI_..pt)I'cwedb,\tIe s.-d I'lrlrwIilI9 and Zoning Conni!sion IlII Oct. 7. 2OlI5 pill" ~No.2<m-2}ondllrthe~PenintuIo~(KPIIl I'Il:InnintCommiuionIlllMooo-.tI,2005. /12/2006 GfW'H1C 'SCALE p-- ~ JO 20 100 30 1 METER . 3.2808JJJ U.S. I inth - 3D feel EO SURl/[Y rEET I OJ SEWARD RECORDING DISTRICT CITY OF SEWARD MARY LOWELL CENTER REPLAT A REPLAT OF LOT 17A, BLOCK 9 AND LOTS 1 AND 2. BLOCK 4 ORIGINAL TOWNSITE OF SEWARD ALASKA AND VACATION OF A PORTION OF WASHINGTON ST LOCATED WITHIN SECTION 10 T. 1 S., R. 1 W., SEWARD MERIDIAN :::.,..,W. CHUGACH NATIONAL FOREST il 3301 C STREET, SUITE 300 ANCHORAGE. ALASKA 11503 United States Department of the Interior NATIONAL PARK SERVICE Kenai Fjords National Park P.O. Box 1727 Seward, Alaska 99664 RECEIVED Kenai Peninsula Borough Planning Department 144 North Binkley Street Soldotna, Alaska 99669-7599 JUN 1 ~ 2006 Per ............. L...OF.... CllY OF SEWARD \ JUN 1 2 JlID6 PlANNING OFFICE 1 ! I \ IN REPLY REFER TO' L70l9(KEFJ) June 12,2006 This is a letter of intent to accompany the Mary Lowell Center Replat, Lot l7B which seeks to combine Lots 17 A - Block 9, the vacated portions of Washington Street, Lots 1 and 2 - Block 4, all located in the Seward Townsite, Alaska. In addition, the replat establishes a new Right-of- Way (ROW) adjacent to the project. Finally in the public's interest, the National Park Service would like to seek an exception to Kenai Peninsula Borough Ordinance 20.28.120. In October, 2005, the National Park Service on behalf of the Mary Lowell Center Partners submitted to the Kenai Peninsula Planning Commission a petition to vacate 100' of Washington Street. The petition was accompanied by City of Seward Planning and Zoning Commission Resolution 2005-23 that supported the petition to vacate. The petition to vacate Washington Street was approved by the Kenai Peninsula Planning Commission on November 29,2006. In order to finalize the approved vacation, the National Park Service is required replat the property incorporating the area to be vacated. On behalf of the Mary Lowell Center Partners (City of Seward, U.S. Forest Service, and National Park Service) the National Park Service proposes to replat the alley on the south side of Washington Street as a 40' wide right-of-way (ROW). KPB Code (20.20.11 O.D) allows for a 40' wide ROW called a marginal access street if it serves fewer than 3 lots. The National Park Service would replat a 20' wide ROW from the west side of the property known as Old Solly's (Lots 1 & 2 - Block 4). The creation of a 40' ROW eliminates the need for a cul-de-sac at the end of the Washington Street by expanding the width of the existing alleys to facilitate oversized and emergency vehicle access. The 40' ROW would not impede existing alley traffic and would have minimal impact on existing City utilities. The Mary Lowell Center Partners would request through the municipal 3D process limitations on the use of the proposed ROW through parking restrictions and other means. The 40' width of the new marginal access street would not readily attract (or confuse) normal street traffic which will continue to use the nearby arterial streets (60' wide) of Fourth, Fifth, and Railway A venues. In December, 2005, the City of Seward established the Mary Lowell Center Citizen's Advisory Committee to make recommendations to the Mary Lowell Center Project Partners on such topics as the design and compliance with platting requirements. One issue the advisory committee would like to address is how to make the remaining portion of Washington Street more welcoming for pedestrians. The advisory committee anticipates making recommendations to the Seward City Council on potential actions to limit or restrict vehicle access if necessary to facilitate greater pedestrian movement between the proposed Mary Lowell Center and the 4th Avenue Commercial District. During the vacation approval process, the Borough Planning Commission made several findings for consideration in the final plat. Finding #21 states: "If approved, suitable turnaround area will be provided for vehicles of emergency providers". Finding 25 states: "There is an alternative tsunami escape route." City of Seward Fire Codes (adopted) apply as well and read as follows: International Fire Code 503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in length shall be provided with an approved area for turning around fire apparatus. According to City of Seward Fire Chief Dave Squires, in reviewing the Mary Lowell Center schematic design, he noted that the code requirement for a cul-de-sac does not apply as the length of the remaining portion of Washington Street is less than 150'. During schematic design, Chief Squires identified that it would be desirable to widen the alley more than the existing 20' to improve access to the building for emergency purposes. His concerns were incorporated into the schematic design which provides an additional 5-8 feet of alley width along the entire west side of the Mary Lowell Center. With regard to the need for an alternate tsunami escape route, Chief Squires noted at the October 6, 2005 Planning and Zoning Commission Hearing and at a June 6, 2005 Planning and Zoning worksession that there were several alternate tsunami routes available in the event that Washington Street should be vacated. The National Park Service on behalf of the Mary Lowell Center requests an exception to Kenai Peninsula Borough Ordinance 20.28.120 that would apply to the replat as described above. While the process prescribed under this ordinance finalizes the vacation of of Washington Street for the development of the Mary Lowell Center, the National Park Service desires that the final plat not be recorded until construction activity upon the right-of-way actually commences. The nature of the street vacation is unusual in that it is required for a single specified use, the construction of the Mary Lowell Center, a federally funded multi-agency project to provide a conference center, visitor center, and administrative offices for three public agencies. While the 31 project has received approximately $5 million for land acquisition and planning and design costs, funding for actual construction has yet to occur. The National Park Service has an interest in securing the vacation of the Washington Street ROWand the establishment of the new ROW only as they will be needed for the construction of the Mary Lowell Center. The design of the Mary Lowell Center project has been completed through the 35% level. The center has been given a general footprint based on the functions that are required within the building. The design is still subject to modifications and recommendations from a value-analysis process that was completed at the end of schematic design. Additional factors that could still impact the design include: new site opportunities, design changes based on less than full-funding for construction, and other unanticipated circumstances. Should a building design emerge that no longer requires construction across a vacated Washington Street, then the National Park Service would seek to return the vacated portion back to public ownership. The process for returning excess federal property back to public ownership is onerous and could take several years. . While the community has supported the development of the Mary Lowell Center on a vacated Washington Street, they have also expressed an interest in retaining the street in public ownership if it is not needed for the project. Seward Planning and Zoning Commission Resolution 2005-23 approved the request to vacate Washington Street, and section 2 "recommends that the vacation be rescinded if an alternative other than alternative 2A (which requires construction across Washington Street) is constructed." Likewise, ifthe vacation of Washington Street was not required and the street remains in public ownership, the National Park Service would like to retain the 20' of property (from Lots I & 2- Bleok 4) that is proposed for the ROW through this submittal. W,e look forward to hearing from you on this matter. If you should have any questions regarding thiS request, you may contact me at 224-7515 or Paul Schrooten, Project Manager, at 644-3388. Jeff Mow Superintendent enclosures 32- May-2!-D6 1D:D111 Frcm-XEROX6B6 ~ SDmmS! . T-260 P.DD2/DD7 F-4BB IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT SEWARD WASHrnOTON'S ARMY, DEBRA ) HAFEMEISTER, Bn.L HEARN. . ) MARlLEE KOSZEWSKI, and SHARYL ) SEESE, ) ) Plaintiffs, ) ) ~ ) ) THE CITY OF SEWARD, and JEAN ) LEWIS, City Clerk. ) ) Defen.dlll1tS. ) ) rw rn@rn.owrn rm l10 MAY 2 2 2006 Wohlforth, Johnson, Brecht, Cartledge & Brooking Case No.: 3SW-06-20CI ~MORANDUM DECISION AND ORDER The plaintiffs filed a motion for a tcmporaxy restraining order and/or pIt!l;minaT)' injunction to order the defendants to accept the plaintiffs' referendum application and to .. stop the defendants from taking any further action to vacate a portion of Washington ". Street. For the reasons explained below, the request for a Temporary Restraining Order and/or pre];m;~ injunction is DENIED. FACI'S On October 7,2005, the Seward Pl8DI1ing & Zoning Commission approved a measure recommending that the Kenai pcniDsu1a Borough ("KPB'') approve vacating a portion o{Wasbington Street. On November 28,2005. the KPB Planning Commission approved the vacation. The Seward City Council ("City Council'') had 30 days in which to veto the vacation. On December 12. 200S, the City Council rcjecte<1 a proposed resolution to veto the vacation. The City Council called a special meeting on December MelDOI'8Ildum Decision md Order j{...mnp'n's A=N ct 111 v. City of Seward and Jean Lewis.. 3SW-06-20Cl Page 1 oflS ~..,. Mar-lS-OS 10:0111 From-XEROX685 ~ 907Z765093 ~ T-Z6D P.OD3/DD7 F-488 20, 2005, at which they voted on a motion to reconsider the vote of December 12. This vote also failed. Therefore, by operation-at'-law,oo-December 28, 2005, the City Council consented to the vacation of a portion of Washington Street because the Council did not veto the decision of the KPB. On January 27. 2006, the plaintiffs filed an application for a referendum petition with City Clerk Jean Lewis (''Lewis"'). The application sought to . repeal the CitY Council's action in consenting to the vacation ora portion OfW91ihlngton Street. On :February 9, 2006. Lewis sent a letter to the plaintiffs stating that while the application had the proper form. and necessary signatm'eS, Lewis was denying the application because there was no act of the City Council which would be referred because the City Counel did not vote to approve the vacation but instead the vote to veto the 'Vacation failed. Lewis also denied the application because conveyance ofland is an appropriation. and the Alaska Constitution prohibits refenmdums that make or repeal an appropriation. The plaj"tiffi: then filed this suit. DISCUSSION ", The defendants have raised a number of objections to both the referendum application and tb.~ plaiDtiffs' motion. including the fact tba.1 no cost bond was filed, the plaintiffs have no standing, there was no 'Iact" of me City Council to be refe:md. an injunction would delay the proposed project and greatly inc.rc:ase costs. that the referendum. would have to be an area-wide Borough. vote and that the motion of the plaintiffs is untimely. These objections will not be addressed because the issue of whether or not the referendum seeks 10 repeal an app~opriation is dispositive in this case. Article XI, Section 7 ofthc Alaska Constitution states "[t]he referendum shall not be applied to dedications of revenue I to appropriations. to local or spccia11egislatiCDt or MeU'l(lRIldum DccisiOllllDd Order WuhifllltOn'S Armv ~ al v. City of~Brd and Je8l1 Lewis. 3SW-06-20CI Page2of6 -=<,q Mey-23-06 10 :Olall From-XEROX686. 9D72765093 . 1-260 P.004/007 F-488 to laws necessary for the immediate preservation of the public peace. health, or safety." The Alaska Suprem.e-Court haslleld-1batlh~term"appmFri~.mQJJS" refers not just to money but to public lands as well. 1 In this situation, the City Council consented to the vacation of a portion of Washington Street. The City of Seward owns a public right of way over that portion ofWasbingtoD Street. By operation oflaw, by consenting to the vacation, the land automatically ravens to the adjacent land owners. By not objecting to the proposed vacation of a portion of Wasbington Street, the City bas consented to tranSferring a piece of property that it owns. Transferring land falls within the definition of an appropriation, and therefore the act of the City Council in consenting to the vacation cannot be repealed by referendum because the referendum would repeal an appropriation. The purpose of the Constitutional provision against initiatives and referendum that make or repeal appropriations is to ensure that the legislature (or other goveming '" body, such as a City Council) will always have control over the money and assets oftha state (~ ~ty) and that the public will not enact "give away" programs which grant money orpropc:rtyto private eutities.2 In McAlpine v. University of Alaska. the Supreme Court . I noted that the typical appropriation is not a give-away but "involves committing certain public assets to a particular pmpose. The reason for prolu"biting app1opriations by initiative is to ensure that the legislature. and only the 1egislatl11'C,. retains control over the allocation of state assets among competing needs.oo3 The Court further srated. "[t]o whatever extent it is desirable for the legis1a.tu1"e to have sole responsibility for allocating the use of state money, it is also desirable for the legislature to have the same I TI1oma.I v. BaileV. 595 P.2d 1. 9 (Aluka 1979). 2 I!l. at 7-8. Memorandum :Deeisiol1llDd Order Wasbllll!tOn's Armv et at v. City of Seward and 1e&Il Lewis. 3SW~6-20CI Paee 3 of6 ~c:::: May-n-OB 10:02u FrDm-XEROXB85 . 90727B5093 . T-2BO P.005/00T F-4BB responsibility for allocating property other than money.'" In this case, the City Council - .liac. two vOleln)D:whelhc::~ to-veto-the.ceeisieD-ef--the-Kl?llt.O-vacate..aportion of Wasn1Tlgton Street. Both votes failed and the City Council thereby consented to the vacation. The City Council is making precisely the type of decision that is at issue in MeAl nine. The City Council had the choice of whether to retain the public right of way on a portion of Washington Street, or to allow the public right of way to be vacated. This is a decision concerning the allocation of the City's property, and precisely the type of decision thaI is to rest with the City Council alone. .AB the decision of the City Council is an appropriation within the meaning of Article XI, Section 7 of the Alaska Constitution, the referendum application was properly denied because it sought to repeal an appropriation. The plaintiffs argue that the FaiIblm1c~5 case supports their argument that the referendum does not seek to appeal an appropriation. In :f~lInh. the votCllS sought to ,. change the way the hotel bed tax revenues were used. 6 The initiative would have '. changed the system so that instead of seventypezecmt of the bed tax revenues going directly to the FaiJ;baIiks Convention and Visitors Bureau., the pool was expanded so that any public or private group could apply to the FaixbaDlcs City Council for a portion ofthc bed taX revenues.7 The Court held that the iDitiative does not repeal an appropriation because wbere the initiative is not being used. to enact a give away program. the tc::rm "approprlatiPn" should be COIlStIl1ed Dmowly.8 "'In our view. in the context oftb.c prohibition on repealiDg 'appropriations, 7 the term should be used in the same sense as 3 McAlProll. 762 P.2d 81,88 (Alaska 1988) (emphasis in original). 4 ~1U8!l. 5 ptv ofFairb;m]c!l v. 'Fairbanks Convention and Visitors Bureau. 818 P.2d 1153 (Alaska 1991) e Ii at 1154.55. Mcmormdum Decision and Order Wn'h;npm'S Armvet al v. City of Seward and Jean Leyvis. 3SW..QCi-20CI Page 4 of6 -=< '(.; Msy-n-Ol 10:02111 From-XEROXI85 4IIt 9072765093 . T-280 P.OOI/OOT F-488 the legislamre bas used it in the municipal code, AS 29.35.100, that is as an act which .. _ -accompanies-the-appIOv.al-Of.the...aIm.ualhudgcl.ods~l!m1ental to that act.. ....D The plaintiffs therefore argue that because their referendum is not a give away program, the term "sppropriation" should be construed narrowly. A:s the referendum does not repeal an action that was exacted with the lInnllal budget, the plaintiffs argue that their referendum docs Dot repeal an appropriation and should be allowed to go forward. The plaintiffs have read the Fairbanlnl case too naIl"Owly. In Pairb..nlt-... the initiative at issue was dealing with a general statutory scheme that set out how the bed tax revenues were to be distributed and did not deal with a specific appropriation. 10 The initiative in Fairbllnlnl in fact increased the discretion of the City Council, because instead of most of the revenues going directly to the Convention and Visitor's Bureau. the City Council now had the discretion to give the money to a wide variety of groups. I I The act of the City Council in this case was to consent to vacate a specific portion of a public ... right of way on a specific street This is a decision about con1rol of City assets, and the '. type of decision that McAlpine case was addressing. The City Council was aware of the alternatives to vacating the portion of Washington Street, but chose to consent to the .. vacation. The City Council made a choice as to how a City asset should be used. This type of decision is precisely the type that the McA1uine court was protecting. The City Council made a choice to commit a ''public [asset] to a particular purpose," which is the type of decision that the "legislature. and only the legislature" is to have control over.12 7Id. 8 Ili. at 11 56-57. 'J!at 1157. 1 1!i.. at 1154-1155. Memorandum Decision and Order WunmDTnn'S AImv et a1 v. City ofSewmd "...r'I Jean Lewis. 3SW-06-2DCI Page S of6 2...., . l.tay-23-06 10:0281 Fram-XER0XS85 . 8072765083 . T-260 P.007/007 F-4BB CONCLUSION __-1l1e-deGision-of-thc-CityCOlmcil to ceMent to the vacation of a ~QrtiOD of Washington Street is an appropriation of City assets. The Alaska Constitution prohibits referendums that make or repeal an appropriation. Therefore, the plai"tiffi1.' application for a referendum was properly rejected by Lewis. The plaintiffs' request for a tempor.uy restraining order and/or preHmin;rry injunction is therefore DENIED. fP" DATED in Kenai, Alaska, 1his ~ day of~ 2006. CERnF:LC;ATION OF DISTRIBUTION . I cei1Ify that e copy cir-the 1oreI:ofng us malledlfaxed to the ron'Owln;.lilthelr . address of record: ~CU:..~ ~ -\~-&t ~~<:lO'L~.,.... ;' ate: ClerIC ~- HAROlD M. BR.OWN Superior Court Judge .. -- \lId. 12 V"Alpi.... :Lt gUll. McmoIllDdum Decision and Order WasJ,mpm'sAnnvetal v. CitvorSeward and Jean Lewis. 3SW-06.20CI Page 6 of6 ~~ CHAPTER 20.20. DESIGN REQUIREMENTS Page I ot6 Kenai Peninsula Borough Code CHAPTER 20.20. DESIGN REQUIREMENTS 20.20.010. Standards applicable. In its consideration of subdivision plats the commission shall apply the following standards. (Ord. No. 78-37, 9 2(part), 1979) 20.20.020. Reserved strips prohibited--Exception. There shall be no reserve strips controlling access to land dedicated or intended to be dedicated to public use, except when the control and disposition of land comprising such strips is placed within the jurisdiction of the borough under conditions specified by the commission and attached to the final plat. (Ord. No. 78-37, 9 2(part), 1979) 20.20.030. Proposed street layout--Requirements. The streets provided on the plat must provide for the continuation or appropriate projection of all streets in surrounding areas and provide reasonable means of ingress for surrounding acreage tracts. (Ord. No. 78-37, 9 2(part), 1979) 20.20.040. Easements--Requirements. The planning commission may require easements it determines necessary for the provision of utilities. (Ord. No. 78-37, S 2(part), 1979) 20.20.050. Lots on major streets--Access requirements. Lots fronting on arterial streets with less than 200 feet of right-of-way as identified in the arterial road plan adopted by the borough or, until such plan is adopted, lots fronting on state maintained roads with less than 200 feet of right-of-way may be required to be provided interior or frontage road access upon a definite finding by the commission that due to size, topography, physical characteristics, or an unusually heavy traffic flow, that a serious hazard to the safe utilization of the highway would result from direct access thereto. (Ord. No. 81-50,91,1981; Ord. No. 78-37, 9 2(part), 1979) 20.20.060. Intersections--Number required. There should be a minimum number of intersections of access streets with arterial streets or state maintained roads. (Ord. No. 78-37, 9 2(part), 1979) http://library3.municode.com/mcc/Doc View/13259/1/118/124 ?hilite=marginal; 6/30/2006 '2.CJ CHAPTER 20.20. DESIGN REQUIREMENTS Page "2 ot () 20.20.070. Alleys. Alleys shall be provided as prescribed by city ordinance. (Ord. No. 78-37,9 2(part), 1978) 20.20.080. Streets--Grades required. The subdivider shall demonstrate that streets can be readily constructed in accordance with current borough road standards and that the grades on any such roads shall not exceed 6 percent on arterial streets and 10 percent on other streets, nor 4 percent within 100 feet of any intersection. (Ord. No. 78-37, 9 2(part), 1979) 20.20.090. Cul-de-sacs. Streets designed to have end permanently closed shall be no more than 1000 feet long, shall be provided at the closed end with a suitable turnaround with a minimum radius of 50 feet to the property line, and the turnaround shall be able to be constructed to a 4 percent grade or less. (Ord. No. 78-37, 9 2(part), 1979) 20.20.100. Half streets. A. Half streets shall generally not be allowed except where 1 of the following circumstances applies: 1. The street is identified on the borough road plan as an arterial; 2. The street is a logical extension of an existing street; 3. The remaining half street can reasonably be expected to be dedicated. B. When the applicable circumstance is per subdivision 2 or 3 of subsection A of this section, other lot owners with acreages of 10 or smaller shall be notified of the proposed half street and invited to comment. In these cases, plats shall be scheduled for plat committee action 2 weeks beyond their regularly scheduled time. (Ord. No. 78-37, 9 2(part), 1979) 20.20.110. Streets--Width requirements. -I< The minimum right-of-way width of streets shall be as follows: ;k TABLE INSET: :r A. Arterial 60 feet; B. Access street 60 feet; C. Cul-de-sac serving no more than 6 lots 50 feet; D. Marginal access street, serving no more than 3 lots 40 feet; * http://library3.rnunicode.com/rncc/DocView/13259/1 /118/124 ?hilite=marginal; 6/30/2006 un CHAPTER 20.20. DESIGN REQUIREMENTS l:'age j 01 0 I E. I Frontage road I 40 feet. The commission shall require a building setback of at least 70 feet from the centerline of all arterial streets. Additional right-of-way or easement width may be required to provide for the construction of stable side slopes. (Ord. No. 81-50, 9 2,1981; Ord. No. 78-37, 9 2(part), 1979) 20.20.120. Streets--Curve requirements. Where a deflection angle of more than 10 degrees in the alignment of a street occurs, a curve of reasonable radius shall be introduced. On streets 100 feet or more in width, the centerline radius of curvature shall be not less than 300 feet; on other streets not less than 200 feet. (Ord. No. 78-37, 9 2(part), 1979) 20.20.130. Streets--Reversed curves. Compound curves and broken-back curves should not be generally used. Reverse curves should have an intermediate tangent of 100' or more unless the radii are 200' or greater. (Ord. No. 78-37, 9 2(part), 1979) 20.20.140. Streets--Intersection requirements. A. Street intersections shall be as nearly at right angles as possible, and no intersection shall be at an angle of less than 60 degrees. Where acute street intersections are designed, a minimum 50-foot radius corner at the right-of-way line of the acute angle shall be provided. B. 3-way intersections are encouraged and may be required where an access street intersects with an arterial unless the commission finds topography, existing street patterns or property boundary patterns make such requirement impractical. (Ord. No. 78-37, 9 2(part), 1979) 20.20.150. Streets--Name requirements. Streets shall be named to conform to adjacent areas and to avoid duplication, and in the uniform manner prescribed by the commission. (Ord. No. 78-37, 9 2(part), 1979) 20.20.160. Blocks--Length requirements--Generally. Blocks shall not be less than 400 feet or more than 1400 feet in length unles's existing conditions justify a variation from this requirement. Along arterial streets and state maintained roads block lengths shall not be less than 800 feet. (Ord. No. 78-37, 9 2(part), 1979) 20.20.170. Pedestrian ways required when. http://libmry3.municode.com/mcc/Doc View/13259/l/1181l24 ?hilite=marginal; 6/30/2006 Ll\ NOV-07-2005 MON 01: 19 PM ENGINEERING FAX No. 907 224 4085 p. 002/004 SpoDlond by~ Applicants ClTY OF SEWARD, ALASKA PLANNING AND ZONING col\lMlSSION RESOLtrrION 2005-S A RESOLUTION OF THE SEWARD PLAl'OONG AND ZONING COMMISSION, RECOMMJ:NDING KENAI PENJNSVLA BOROUGB APPROVAL OF THE REQUEST BY '1'lIE NATIONAL lAlUC SERVICE POR VACATION OP TJIE EAST HALF 01' wASHINGTON STREET BETWEEN FOURTH .AND 1flJ! IS: AVENUE, EXCLUSIVE OF THE ALLEY INCLUDiNG ANY ASSOCIATED UTILITY EASEMENTS WHEREAS, the NatioDal Park Service has submitted a request to the City of Seward to vacatc a portion of Washington Street fur review and recommendation to the Kenai Peninsula Borough; and WHEREAS, the applicants wish to use the vacated portion of Washington S1rcet to construct the Mary Lowell Center, a multi-agency facility wbich will provide administrative offices and visitor services for the National Park Service, US Forest Service and a conference facility iOr use by visitors to Seward andthc prec<<Jing agencies and tbc City of Seward; ;md WHEREAS, a mini-Value Analysis (V A) team irwluding representatives ii'om tile PlIl'k Service, Forest service and City of Seward came to a consensus using the Choosing by AdvantageS (CBA) process and rcco~ndM a iOo1:print spuming the cast half of a "V8C8ted Washington Street; aud WHEREAS, constrncting om: buiJdn,g fur tho Mary Lowell Center at this location will provide more connectivity to visitor related businesses, slmed operation and maixJtenanee expenses, ideal waterfront connC<ition. an unobstructed vieW from the: conference :facility and bas the potential to contribute to the revitalization of the downtown mea; and WHEREAS, Wasblngton Street is located in the Central Business District and the vacated portion would become bwd owned by the adjacent land owner, the National Park ~re;~ . WHEREAS, in accordance with Seward City Code, tho Commission held a public hearing on the request to vac.ate at their October 6. 2005 regular meeting; and WHEREAS, in addition to those findings CO>>1'llj"ed in the preceding whereas stat~ts, tl1e Seward Planning Commission approved the following findings which support vacati1\g the east half of Washington Street between Fourth and Fifth Awnues, exclusive of the alley, and the associatcdutility easements: 47~ NOV-07-200~ MON 01: 19 PM ENGINEERING FAX N~ 907 224 4085 p. 003/004 Seward Plaiming IIld Zoning Commission Resolution 2005.23 Pap2of3 1. Equal or superior rights~of:.way ~ to serve the surrounding properties. 2. Lots:fronting on the Wasbington Street section to be vacated abut dedicated public access as required by Kenai Peninsula Borough Code 20.20.2000. . 3. Additional dedication of public right-of-way may be required oftbe app1icam to provide emergency and other vehicular ac:cess durl11g the platting process. 4. Adherence 10 K.eDai Peninsula Borough Code 20.20.170 will assure equal or superior pedestrian right~f-way exists. S. Per testimony be:1bre the Seward p1a.nmng and Zoning Commission, roadway utility easements are in use for u:tiJitios. 6. All subdivision plats finali:dng vacationa lR'C sent to utility companies for review and easement requirements. 7. Equal or superior ac:ccss for utilities row or in the :fu.turc will be dedicated by plat. 8. It was demonstrated by City of ~ard sta1f that equal or srtperior utility access exists for XlOW and in the :future. 9. Seward Bear Creek. Flood Service Area Advisory Board conveyed co1icer.riS that the vacation obstructs designated tsunami evacuation I'OUtcS. 10. Per testimony be1bre the Seward plSlnnmg am:t ZoniDg Comn:Wlsjon ~ the Seward Fire Chie~ ana1ternate emergel1GY evacuation toute would be creatccL 11. The Historic PreSBl'VlUion PlaD. Phase Ii, (1996) identifies the Solly Building as City ID# 176 and Alaska Historjcal Regi.stelr #209. 12. Per testimony before the Seward, Planning and' Zomng Commission, the a.geaoies pian 110 1HC the site of the Solly's buiI.cling without mainiIlg the locally significant structure rqardlCSll of whether or not Washington Street is vacated. ... . ' . . NOW, THEREFORE', BE IT RESOLVED by the Seward plRnning and Zoning ~mi8sion: that: L4"2. NOV-07-2005 MON 01 :20 PM ENGINEERING FAX No, 901 224 4085 P, 004/004 Soward PlanninJ!; IIJld Zoning ComniissiOJl Resolution 2005-23 . Page ~ on Section 1. The Commission re<iOmnwmdR that the. Kenai peninsula Borough approve the request oftbe National Park Sarvice to wcate the Best half of washington Street bI;tween Fourth and Fifth A ~ue. exclusive of the alley aJKl ~, asso~ utility eafJC11ll!nts, with the following conditions: ", , ..,' I, ,. ..,. J-,.., 'j; 1. An East-West peclestrian easemept shall be provided at the North boUI)dary of the vacated area of Washington Sireet or at a location in Block 9. Original Townsite of Seward. Which will allow pedestrian ecoesa to Fourth AVemle. 2. A vehicular BDd pedestrian t.raffic plan end ofF-site parldng plan. ino1udin& ,. ,acc8SSlo1e parking, will be dewloped thrOugh public process and approved by citY 'staff ptior to finalization of the vacation. ' Section 2. The ,commission tintber recormnP.t'lltIJ that this vacation be rescU:ldcd if an alternative other than }Jteniative 2A is coU5tructed. ' . '0' 'SedioQ 3~.,~ resolation sbJill take effecHmmediately upon its adoption. . U . " 'j PASSED AND .A.PPROVED by the Se~ p~itlg ami Zoning Commission this 7*' day l!lf~,2!>05. . . " '1, ',. . ~..,' '~.", . : ',' :'f THE CITY OF SEWARD, ALASKA ,I; .~ ~I". . . I': '.I,,... "'11.',. :\ ", ~ ~g' ~" ,", '.. . il.l I~ J . II ,.. tli~, .;. 1 . \~\ I':. . . " ~. . ,J'J' I A"'~ .$n~"'t. ,fll . .A YES: "Hohl. Strobe~ S~ Keil 1:QOOS: ". Roacl1'. Griswold. schafti ,.' ABSENT: .. None" .,' 1,1\, , ABSTAIN: None ""r" :" ' ." Ir . " .. , I' , . t 'J: ',' ., ... ~ '. 4t .. "Ii ' ~ ~ .,Is(,; ~" kITEST: , ,# ;. .1,. .1: '.. , ' hPJ j. I, ....... -..,. -"" - ,.. ~ ..... -.~ " .,.f .~. \ " ., i~, I '.I' -\ ::, r'tI . I 'l'.f ',. " , ,.,.. . '~I: ""P,-)f'"" , , o'''.:::::;'u..t;/ .. WLJ . . t'age 1 or L. Donna Glenz From: Debra Hafemeister [debra@arctic.net] Sent: Wednesday, June 28,20069:39 AM To: Donna Glenz Subject: Resolution 2006-17 Attachments: debra.vet Debra Hafemeister P.O. Box 312 Seward, AK 99664 (kbT(t@aI"ctic.n~l June 27, 2006 Seward Planning and Zoning c/o City Planner P.O. Box 167 Seward, AK 99664 Il1brown@cityofseward.net RE: Resolution 2006-17 Seward Alaska is a small quaint Alaskan town that attracts visitors worldwide. They are attracted to our history, our views and our small town atmosphere. Sadly we are being taken over by forces that are here to make money off our natural attractions, but are not here to help maintain our ambiance and small town atmosphere. It is slipping away and the people living here year round and support the community are the losers. A political force beyond the voices of Seward's population has decided they want a piece of Seward. Not just our land, but part of our historic downtown road structure. Not because there are no other options, but just because. . . (sorry the reason for this is a mystery to me. An honest reason has never been given other than they want our view, a view that can also be had on their other property). Because they have taken our street from us without consideration of the people's wishes (no vote allowed), we should be given the simple respect of their following our city code strictly. According to city code, a street cannot be vacated to create a dead end road without making provision for emergency vehicles. This means they must provide a minimum 50' to change the alley between Washington and Railway into a street for easy turn around and access to other properties in case of emergency. This is not for their benefit to be used as a bus loading zone. This is for the benefit of people that will now find themselves in front of a foreign building with no place to go. This is for the emergency vehicles that need to quickly reach a destination without being blocked by roaming pedestrians. This is for the large vehicles that now go down the alleyway to the north to make deliveries and pick up garbage. This is for the locals who have had Washington Street stolen from them because of a council that is blind to the true assets that this town now has. If they truly think their best choice was to take our street, then the codes need to be adhered to with NO EXCEPTIONS. Do NOT allow this plat to go through with their requested substandard, non-code compliant 40 foot ti12R/200ti lis 1..age 1. 01 1. . . right of way. Our city code requires at least 50' for a very good reason. Stick to it. Sincerely. Debra Hafemeister . P.O. Box 312 Seward, AK 99664 debra@arctic.net . 6/?R12006 ~ . . July 6, 2006 To: Seward Planning and Zoning Commission ~ From: Kerry Martin, Citizen and Retired City of Seward Community Development Director ""'"1;1tc.it: Subj: Draft Mary Lowell Center Replat of Lot 17 A, Block 9 and Lots 1 and 2 Block 4 Ori . Townsite of Seward The draft plat as presented widens what was the alley between Washington and Railway from 20 to 40 feet as alternate right of way for the vacation of 66 foot wide Washington Street right-of-way. KPB code 20.28.150 states that where a right-of-way is required for logical provision ofan existing road, the planning commission shall not approve the vacation unless an equal or superior right-of-wav will be orovided in exchan2e. In this case, a 66 ft right of way with a paved street, curbs and sidewalks is being vacated. Neither a standard alley nor an expanded 40 foot wide "alley" is equal or superior access to the vacated 66 foot wide right of way. The street west of the alley to 41h Ave has not been vacated. It is still a viable street along with parking and sidewalks. That traffic, as well as the normal alley traffic that must be served by this alternate access. Since there is no accommodation for a turn around, the option to provide access for the public, is the widening of the old 20 foot alley right of way into a 50 foot wide right of way as required by city code. Although Borough code 20.20.110 allows a 40 foot marginal access serving no more than 3 lots; City code (16.05.010 (1)) states that minimum street right of way is 50 feet. The City subdivision code Chapter IS has no provisions for a variance of development standards. Although the Borough Planning Commission may apply city standards if they have enacted lesser standards by ordinance, the Seward Planning and Zoning Commission does not have the authority to arbitrarily ignore the city code and choose a section of the borough code that suits the project developers. In your deliberation, you are the Seward Planning and Zoning Commission and are bound by the city code where it is more restrictive than the borough code. In this case the minimum street right of way in the city is 50 feet. There is no section of the city code that addresses alleys. This is because the use of alley ways ceased to be a viable subdivision technique long before the city code was written. Thus the correct choice here is to require a minimum 50 foot right of way as a continuation of Washington Street on a curve to intersect with Railway Avenue. As an ancillary question, is there any particular reason why the other property involved in the Mary Lowell Center is not included in this plat? It will be necessary under city code for the interior lot lines of the former Harbor Dinner Club / Mai property to vacated prior to development. Yl l.age 1 ot 1 . . Donna Glenz From: Wadeen Hepworth [canrowak@gcLnet] Sent: Thursday, June 22, 2006 6:42 PM To: Donna Glenz Subject: Oppose resolution 2006-17 I oppose Resolution 2006-17. It is wrong to take this street and to change downtown. Keep Seward quaint and historical. . Wadeen L. Hepworth 221 Second Ave. Seward, AK 99664-0167 Hepworth Agency 612 E. 3rd Ave. Anchorage, AK 99501 Phone: 907-272-5766 Fax: 907-274-5766 c~nrQwak@gc;i.net 6/26/2006 L1~ . . Donna Glenz From: Sent: To: Cc: Subject: morningcalm@seward.net Wednesday, June 28, 2006 1 :47 PM Donna Glenz Carol Griswold; Debra Hafemeister Washington Street Replat July 6, 2006 Seward Planning and Zoning Commission Kerry Martin, Citizen and Retired City of Seward Community Development To: From: Director Subj: Original Draft Mary Lowell Center Replat of Lot l7A, Block 9 and Lots 1 and 2 Block 4 Townsite of Seward The draft plat as presented widens what was the alley between Washington and Railway from 20 to 40 feet as alternate right of way for the vacation of 66 foot wide Washington Street right-of-way. KPB code 20.28.150 states that where a right-of-way is required for logical provision of an existing road, the planning commission shall not approve the vacation unless an equal or superior right-of-way will be provided in exchange. In this case, a 66 ft right of way with a paved street, curbs and sidewalks is being vacated. Neither a standard alley nor an expanded 40 foot wide "alley" is equal or superior access to the vacated 66 foot wide right of way. The street west of the alley to 4th Ave has not been vacated. It is still a viable street along with parking and sidewalks. That traffic, as well as the normal alley traffic that must be served by this alternate access. Since there is no accommodation for a turn around, the option to provide access for the public, is the widening of the old 20 foot alley right of way into a 50 foot wide right of way as required by city code. Although Borough code 20.20.110 allows a 40 foot marginal access serving no more than lots; City code (16.05.010 (1)) states that minimum street right of way is 50 feet. City subdivision code Chapter 15 has no provisions for a variance of development standards. Although the Borough Planning Commission may apply city standards if they have enacted lesser standards by ordinance, the Seward Planning and Zoning Commission does not have authority to arbitrarily ignore the city code and choose a section of the borough code that suits the project developers. 3 The the In your deliberation, you are the Seward Planning and Zoning Commission and are bound the city code where it is more restrictive than the borough code. In this case the minimum street right of way in the city is 50 feet. There is no section of the city that addresses alleys. This is because the use of alley ways ceased to be a viable subdivision technique long before the city code was written. by code Thus the correct choice here is to require a minimum 50 foot right of way as a continuation of Washington Street on a curve to intersect with Railway Avenue. As an ancillary question, is there any particular reason why the other property involved in the Mary Lowell Center is not included in this plat? It will be necessary under city code for the interior lot lines of the former Harbor Dinner Club / Mai property to vacated prior to development. 1 L/9 . . Donna Glanz From: Sent: To: Subject: Carol Griswold [cgriz@ak.net] Monday, June 19, 2006 11 :32 AM Donna Glenz letter for July 6th P&Z 06-19-06 RE: Multi-agency Facility Preliminary Plat . Dear Commissioners, It is essential that the plat show a minimum right-of-way of 50' for the current alley between Washington Street and Railway Ave. This little-used 20' alley will change dramatically when Washington Street is cut off, and will become a street serving not only the remainder of the alley to the north, but the remainder of Washington Street. 50 feet is the minimum width for a street according to our city code which has precedence over Borough Code. At the June 6th work session, Jeff Mow asked that the city work with NPS to manage the alley as an alley, not a street, to reduce the required ROW. He also asked for restrictions on non-emergency vehicles entering Washington Street. We, the public, did not agree to any further loss of our public access to the alley or remainder of Washington Street. The NPS needs to contain its needs on its own property, not control or restrict even more public ROW. The Mary Lowell Center advisory committee, chaired by Dorothy Urbach, thought that there would be little change in the use of the alley, that it would be used primarily for drop off/pickup of bus passengers, emergency vehicle use, garbage truck use, and pedestrians. They apparently did not foresee the huge impact of closing off the street. P&Z needs to require all loading zones be ON the NPS property, not taking up public ROW or blocking the line-of-sight, in this very congested area. The remainder of Washington Street needs to remain a viable street including parking for the public, and not become a pedestrian mall. It can be the "red carpet" to Fourth Avenue while remaining a viable street. The alley must be required to be platted as a street with at least a 50' ROW to accommodate emergency services, delivery trucks (many are semi-trucks), garbage trucks, utility vehicles, snow plows, and the increase in oversize RVs and other tourist vehicles. Sincerely, Carol Griswold Seward . 1 c::n . 1\ 4IbIMtc 000dW'O" ~ 19117 ~ "'" Rit.. ~. ~ ..., MARY LOWELL CENtER REPLAT LOT 178 21.314 Sq. ft. i- . - .e:. ; 's .. - ~. It ~ t H . ,.' $0"" ta.7T (II} . _ __( !!t!.l1:!,t."\.:-.\!I!....~_ _ _ t JUt~ I 2 ar.6 l fll..ANt.."fNG Of'FtCS - ., "" \ ...iN 10' I 40' , '.,., '~ """'~~. I ltJ', I --r ..,,- 1;1 a 4Q' ~ll . -/ :/ ,.. Submitted by: Carol Griswold CITY OF SEWARD f:! .. JUN 3 0 2006 , .... "'......._ _r-_.__ P&Z Agenda Statement Meeting Date: July 6, 2006 Kirsten Vesel, Assistant City Manager K..KY Donna Glenz, Acting Planner dh Approve the Revised 2006 P&Z meeting schedule, re-scheduling the third Tuesday of each month work session to a regular meeting. Through: From: Agenda Item: . BACKGROUND & JUSTIFICATION: In December the Planning and Zoning Commission approved the regular scheduled meeting dates, the Public Hearing Cut-off dates, and the work sessions dates for the 2006 calendar year. The Commission has since held several discussions on scheduling a special meeting per month to hear Public Hearing Items and has requested a new schedule be adopted. The Planning and Zoning Commission requested the regular work sessions scheduled for the third Tuesday of each month, (except June, July, and August), be approved as "scheduled special meetings", including the months of June, July, and August if a Public Hearing item was submitted by the required cut-off date. Staff has re-scheduled the third Tuesday of each month work sessions to "scheduled special meetings" and has established the required three week cut -off dates for Public Hearing items on the attached Planning and Zoning Schedule. It is the understanding of staff, the Commission plans to conduct the "scheduled special meetings" as work sessions if a public hearing item is not available on the agenda for the "scheduled special meetings". RECOMMENDATION: Approve the revised 2006 Planning and Zoning meeting schedule, changing the third Tuesday of each month work sessions to "scheduled special meetings" if a Public Hearing item has been submitted by the required cut-off date and establishing the three week cut-off dates for Public Hearing items. S2- . . City of Seward 2006 Planning Zoning Commission Meeting and Agenda Cut-Off Dates Reminder: Per SCC2.30.220(a), the Commission shall meet at 7:30 p.m. in the council chambers on the 1st Tuesday of each month . Public Hearing Items Variance/CUP/Plat Reviews (3 weeks prior to meeting) Non Public Hearing Notice Items (2 weeks prior to meeting) Meeting Date . G:\Community Development Folder\Formats - DonnalP and Z\Commission MeetingsIP&Z mtg Cut Off Dates 2006.xls 53 November 9 ;":::"'~'\~:\";'~:' :.:_ 'c,:'--'-'>'::,:-'?-.. '- 'November 21 December 5 ".December 19 Janua 2,2007 ,..__,,_,-..,.,_......,......, .,.._..._,....._... ..c"',' '," January 16, 2007 Memorandum CITY OF SEWARD COMMUNITY DEVELOPMENT Date: July 6, 2006 To: Planning & Zoning Commission Jean Lewis, City Clerk . . Through: Kirsten Vesel, Assistant City Manager From: Donna Glenz, Acting Planner Subject: Revised - 2006 Planning & Zoning Meeting Schedule This memo is to provide a revised schedule of the Planning & Zoning Commission Meetings for the calendar year 2006. Unless otherwise noted the P & Z regular meetings will begin at 7:30 p.m. The "Scheduled Special Meetings" shaD be held ONLY if a Public Hearing item is on the agenda otherwise the meeting will be held as a work session commencing at 6:30 pm. Month Rel!Ular Meetine: Soecial P & Z Meetine: for Public Hearine:s J lml:I8fY January 3'" JBB1:HlI)' 1 'fh February Febmary 'fh-- F ebmary 21 st Mareh Mareh 7* Mareh 21 st April .^4uil111t f4'ril 1 gilt May May 111t -(T1uiFslIll)) May 1611t (Baraugh .^.ssemaly in 8c'I;ard May 2"1 JUBe JUBe (;1It N.^. July July 6th (Thursday) July 18th August August 1st August 15th September September 5th September 19th October October 5th (Thursday) October 17tb (KPB & Local elections October 3rd) . November November 9th (Thursday) November 215t (National Election November 7th) < December December 5th December 19t1l If you have questions or concerns, please call 224-4048 or email dglenz(aJ.citvofseward.net. S'1 City of Seward, Alaska June 6, 2006 Planning Commission Minutes Volume 6, Page 55 Call to order The June 6, 2006 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Chair Marianna Keil. . Opening Ceremony Commissioner Strobel led the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil presiding, and Margaret Anderson Kevin Clark Kay Strobel Sandie Roach' Lynn Hohl- arrived at 7:34 pm comprising a quorum of the Commission; and Malcolm Brown, Planner Donna Glenz, Planning Assistant Absent was: Tom Smith - Excused City Administration Report - City Planner Malcolm Brown updated the Commission on the following items: . );> Maggie Wilkins was hired as Part-time Temporary Assistant Planner. );> GIS-Cemetery conversion was on-going and all hard copy maps were scanned. );> Floodplain - EP A Grant for Wet Lands mapping was denied. );> Mile 0-8- Public Works stated that QAP planned to have a 4 inch thick layer paved from Madison to Railway by June 27th, another 2 inch layer by the end of the summer, and the fmal 2 inches completed by next season. );> Historic Preservation - Council had approved further activity by the Commission for recognition of historic vegetation. The Jesse Lee Home was toured by a representative of the Rasmussen Foundation. );> Zoning Code Enforcement-Staff continued to work on the CUP violation at a 4-plex on Fourth Avenue regarding the placement of the dumpster. Staff had attempted several means of notification, but certified mail had been returned 'unclaimed.' Community Development continued to notify the owner using other methods. )> Brown notified the Commission that due to his active duty deployment in the Army National Guard this was his last Planning and Zoning meeting for the next year and a half. Commissioners discussed issues regarding dumpster placement at the 4-plex on Fourth .t:; S City of Seward, Alaska June 6, 2006 Planning Commission Minutes Volume 6, Page 56 A venue including moving wires up the utility pole to solve grade/over head wire issue. Brown reiterated Community Development's search for an alternative method of contacting homeowner. KPB Planning Commission Report by Lynn Hohl KPB Planning Commissioner Hohl noted several important items: .. ~ Hohl emailed Planner court ruling on the Vacation of Washington Street lawsuit. ~ Hohl postponed attendance at Seward Bear Creek Flood Service Area Board. ~ KPB Planning Commission working on final stages of the South Sterling Scenic Byway Corridor Plan. ~ KPB gave City of Homer two parcels for South Homer Peninsula Hospital expansion at $1 a year/99 years. ~ Referred Commission to lay down regarding the Superior Court lawsuit affidavit by a hydrologist noting significant danger impact to neighborhood using shallow aquifer as its water source. ~ Metco received positive Costal Zone Management Gravel Extraction determination. ~ Exit Glacier trail would be updated to make part of the nature loop ADA accessible. ~ Kenai River Center lease was approved, Hohl expressed her hope that this center would someday serve this community in addition to the Central and Southern regions of the Kenai Peninsula. Other Reports, Announcements and Presentations Liaison from Seward Bear Creek Flood Service Area Board-Not Present. Citizens' Comments on Any Subject except Those Items Scheduled For Public Hearing - Kelly Lo, inside the City, Taroka Inn and Crab Pot Restaurant were negatively impacted by Third Avenue construction. Lo had understood that DOT was to provide detour signs that included business names, but this had not been done. Lo noted that the current detours did not allow access to businesses and requested directional signs. Wendy Doughty, inside the City, noted her business, Kayak Adventures, was also impacted negatively by Third Avenue construction. She concurred with Lo's request to provide signage with businesses names. Kerry Martin, inside the City, asked the Commission to consider the following issues when discussing the 'Recommendations for Boards and Commissions': 1) Clarify the expectations of the Executive Liaison position. 2) What was the logic behind requiring every board commissioner to resign? . Rayleen O'Connor, inside the City, Resurrect Art Coffee House Gallery, concurred with the business owners' comments. ~ 5(0 City of Seward, Alaska June 6, 2006 Planning Commission Minutes Volume 6, Page 57 Commissioners asked if these businesses had contacted DOT. Businesses responded in the affirmative, but that DOT was unresponsive. . Tim McDonald, Mile 2 Nash Road, suggested that Third Avenue business signs could include multiple businesses. He proposed disabling the reverse alarms on the heavy construction machinery. Marilee Koszewski, inside the City, Ballaine House, was force to find other accommodations for her guests because of loud nighttime construction. She hoped that next year they would only pave during the day. Lo and O'Connor made further comments regarding the negative impactto all Third Avenue business. Approval of Agenda and Consent Agenda Motion (AndersonIHohl) Approve the Agenda and Consent Agenda as amended Hohl made a motion to remove May 4, 2006 Planning commission Minutes and add under Informational Items and Reports, "Political Letter drafted by Lynn Hohl." Motion Passed Unanimous New Business requiring a Public Hearing -None Unfmished Business Items requiring a Public Hearing - None Unfinished Business - Discussion of Proposed Resolution 2006-15 requesting revisions to the City Manager's "Recommendations for Boards and Commissions", dated February 27, 2006. [Postponed from May 4, 2006 meeting] In response to Keil, Brown stated that City Manager Corbridge was not actively pursuing the changes in this proposal. Keil questioned the relevance of having an Executive Liaison. . Anderson noted past discussion regarding the Clerk's Office taking additional Planning Commission responsibilities. Clark recalled the intent of this proposal was to improve communication between Council and the Boards and Commissions. S7 City of Seward, Alaska June 6,2006 Planning Commission Minutes Volume 6, Page 58 Strobel concurred with Keil that the Planning Commission should report directly to Council. Strobel noted that the community would like to see two meetings a month. Brown clarified that the second Special Planning Commission Meetings and Public Hearing cut-off date requirements should be set by the Planning Commission, as are the first meetings of the month. . Motion (HohIlStrobel) Place on the July 6th Planning Commission Meeting Agenda a motion revising the 2006 Planning Commission Meeting Schedule to include a second Special Meeting each month if a public hearing was needed Commission discussed the need to have meetings at a closer interval and also the time for the proposed second meeting each month. Motion Passed Unanimous HoW stressed the need for the Liaison position to be a position within the Clerk's Office. She then clarified that she did not have any issues with staff propelling forward the actions of the Commission, unless they were interpreting. Keil stated she did not see a need for the Liaison to make reports to the Council on the Planning Commission behalf because the Commission was already making those reports to Council. Anderson noted her frustration with the proposed recommendations and questioned how to proceed. Commission discussed need for the Clerk's Office to be involved with the Boards and Commissions. Motion (Anderson/Strobel) Recommend strike Planning Commission Section from the Administrative Memo titled, "Recommendations for Boards and Commissions" dated February 27, 2006, but recognize problems with policies for the Planning Commission Clark reinterated the original intent of the memorandum was to solve a communication problem between the Boards and Commissions and Council. . Commission discussed confusion regarding memorandum, multiple issues for each Board and Commission, support needed for each Board and Commission, quasi-judicial responsibilities of the Planning Commission, and questioned the relevance of the recommendations. .. S~ City of Seward, Alaska June 6, 2006 Planning Commission Minutes Volume 6, Page 59 Motion Passed Yes: Hohl, Anderson, Strobel, Keil No: Roach', Clark New Business . Discussion of Temporary Off-Premise Sign Variance Application for Businesses Affected by the Third Avenue Road Construction and Set Special Meeting Date for the Review of Variance Applications Brown noted Mat-Su and Fairbanks' area DOT master signage at intersections indicating access to the businesses impacted. Commissioners questioned the need to approve a sign variance when the contractor along with DOT should be providing signage for impacted businesses. Commission discussed impact on business owners. Roach' thanked the public for their persuit of this important issue. Motion (HohllRoach ') Recommend the City of Seward erect temporary directional sign age for effected businesses ASAP and work with DOT for a more satisfactory solution Commission discussed with Glenz the intent of Administration's request and the two issues involved; DOT signage and off-premises temporary signage erected by the business owner. Motion Passed Unanimous Commission discussed desire of effected businesses to erect their own off-site signage. Glenz clarified Administration's desire to hold a Special Meeting during the last week in June to allow public notice for meeting, time for City Attorney to draft guidelines, and time for businesses to apply for a variance. Motion (HohIlAnderson) Schedule Special Meeting for June 27tb at 6:30 PM to review Sign Variance Applications for businesses affected by Third Avenue Road construction . Administration clarified that individual variances would be reviewed during this meeting. In response to the Commission, Administration was not able to give a definite answer, for this situation, on the cost for a variance application. S'1 City of Seward, Alaska June 6. 2006 Planning Commission Minutes Volume 6, Page 60 Commission suspended the Rules to question Third Avenue business owners in the audience. Audience member Marilee Koszewski clarified that her concerns revolved around 'Road Closed' signs and needed directional signage. She stated that advertising signs, that needed a variance, should not be allowed. . Scott Egger, inside the City, thanked Commission for public service. Egger recalled that DOT had promised business they would provide signage. Since this dido't happen, Egger suggested pressuring DOT instead of working with a variance process. Motion Passed Yes: Anderson, Clark, Strobel, Hohl No: Roach', Keil Set Date and Select Topic of a June 2006 Work Session. Keil suggested working on the Municipal Land Plan. Motion (HohllStrobel) Commission Requests a Laptop Computer with appropriate documents available at Commission work sessions Motion Passed Unanimous Consent HoW suggested working on the Long Term Care Center. Commission set a Work Session to discuss the Long Term Care Center (if presentation was ready) and the Municipal Land Plan for June 20th at 6:30 pm. May 4, 2006 Regular Meeting Minutes Motion (HohllAnderson) Approve May 4, 2006 Regular Meeting Minutes Motion Passed Unanimous Informational Items and Reports- (No action required) Agenda . HoW noted items postponed should be reflected on the Agenda. HoW requested Borough format be followed by Administration. <> Political Sign Letter C90 City of Seward, Alaska June 6, 2006 Planning Commission Minutes Volume 6, Page 61 Commission recessed for 5 minutes to review letter. . HoW discussed usage of the letter format or the check box format for the Political Sign Violation notification. In response to Clark, HoW clarified that it was both the property owner's and the candidate's responsibility to insure the political signs were correctly displayed. " Conunission discussed the merits of each style of notification. . After choosing the letter format, Conunission dictated changes that were incorporated into letter drafted by HoW. Commission Comments Hohl stated she had no conunent. Roach' thanked public for attending the meeting. Stobel appreciated Kerry Martin's conunents on the City Manager's reconunendations. She apologized to the businesses affected by the construction on Third Avenue. Clark revisited the City Manager's reconunendations and noted that the City Manager was still hiring an Executive Liaison. He also wished Brown a safe deployment. Keil commented on her displeasure with an Executive Liaison position. Anderson stated that the City Manager should hear the Planning Conunission's conunents straight from the Commissioners. Administration Comments Citizens' Comments - Kerry Martin, inside the City, urged the Planning Conunission to not allow any off premises signs. He noted that the Planning Conunission was required by State Law and clarified that many of their procedures were set in Code. In the past, two meetings per month for the Planning Commission were not held because of staffing issues. Martin expressed concern that the Liaison would have trouble balancing the Boards and Commissions and setting priorities that served everyone. .. Scott Egger, inside the City, hoped that the Commission would eat at the Crab Pot to support that business. Egger noted that a desk top computer could be installed in the Council Chambers. He thanked the Conunission again for their service. " Commissions and Administration Response to Citizens' Comments - (01 City afSeward, Alaska June 6, 2006 Planning Commission Minutes Volume 6, Page 62 Commission applauded Planner Malcolm Brown. Adjournment Meeting adjourned at 10:39 pm. . . Marianna Keil Chair Donna Glenz Planning Assistant typed by: Christy Terry, Executive Liaison (City Seal) . " 02- adn.com I bears : Garbage can grants save Kenai bears .Page 1 ot 1. adn.com Print Page I Close Window Anchorage Daily News . Garbage can grants save Kenai bears LESS KILLING: Program subsidizes cost of bruin-resistant containers. By RUSSELL FREEMAN STIGALL Seward Phoenix Log (Published: May 31, 2006) .. SEWARD -- Seward, the bear killing capital of Alaska? Not a gratifying title, but it's one Seward has been close to earning, reported Larry Lewis, wildlife technician with the Alaska Department of Fish and Game. Last year, according to Lewis, only Homer could compete with Seward in the number of bears shot and killed in city limits. A lot of these killings are caused when bears are lured into residential areas, mainly by unprotected trash left out by people. Bears then learn to associate food with people, an unsafe situation for all concerned. However, Lewis' Wildlife Conservation Community Program could save the day. "We initiated the program in response to the growing number of negative Interactions between people and wildlife on the Kenai Peninsula," he explained. Valhalla Heights and Shaginoff communities in Kenai were two success stories Lewis mentioned in connection with his program. The Alaska Audubon Society gave the communities, which border part of the Kenai National Wildlife Refuge, free residential trash pickup for two years if the communities agreed to use bear-resistant trash cans. Lewis said that in those two years not a single Kenai police or Alaska State Trooper report of bear or moose disturbance came from Valhalla or Shaginoff. However, as soon as the free service went away, the communities began having bear problems again. Realizing the success of the program and the need to extend it, the Kenai City Council voted to identify the city as a Wildlife Conservation Community. The community backed the program and applied for grants that made bear-resistant containers available at reduced cost. Local trash services Industrial Refuse and Alaska Waste distribute the bear-resistant cans, which Kenai residents can purchase with WCC Program discounts for $50. Other communities since have written into their codes the requirement for bear-resistant waste containment, and the borough has considered a similar code in its long-range plans, said Lewis. Current Alaska state law calls for a $110 fine for negligent feeding of wildlife. Spending $50 on a bear-resistant trash can would pay for itself in avoiding a single ticket. .. " Seward would be an ideal community to make the commitment of conservation, Lewis said. Everyone already pays for waste pickup within city limits, so the city just would have to get the funding for equipment to make it affordable. What the city needs to qualify is "a willingness to enforce and/or strengthen city ordinances ~3 h~.llnrun..'11 ar-1n f"'nr'n/njOlul~/OIlr:::l1~1F0I/ur:lrn;.f~Ih~aoT"C'/u_""''''':TI+~.../CI'''''''ru/77tl~11 ~'I"\_7,;:aRAOA... It.+n...l t:.nonnnt:. adn.com I bears: Garbage can grants save Kenai bears t'age 1. 01 1. regarding waste management and human-caused attractants in residential and developed areas," he said. Seward also would need to pursue grants, locate a nonprofit to maintain and disperse funding, and purchase signs. For instance, restaurants or bed and breakfasts with appropriate trash cans could post a sign In their windows saying, "Bear-Safe Business." Seward has to want the program, Lewis said, but the program would cost the city very little and the benefits could be huge. The city can shape the way the program works for its residents. "This is a community program; this is not the state coming in saying 'this is what you should do,'" Lewis said. . He would like Alaskans to understand that people come here for closeness to nature, and that the program is not designed to push animals back into the wilderness. .. "The point of this program is not to keep bears and moose out of our neighborhoods," he explained. nIt is to prevent bears and moose from becoming food-conditioned in our neighborhoods. This is coastal Alaska and we are going to have these animals in our communities. "Wildlife has an intrinsic value," Lewis said, adding that protecting it is worth the time and money. Print Page I Close Window Copyright @ 2006 The Anchorage Dally News (www.adn.com) . <:; <O11 httn.//UIUlW ~rlncom/news/alaska/wildlife/bears/v-printer/story/7786115p- 7698494c.html 6/29/2006