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HomeMy WebLinkAbout09192006 Planning & Zoning PacketSeward Planning Commission Special Meeting Agenda Packet September 19, 2006 Special Meeting City Council Chambers Beginning at 6:30 p.m. Seward Planning & Zoning Commission Marianna Keil Chair Term Expires 02107 Tom Smith Vice -Chair Term Expires 02107 Margaret Anderson Commissioner Term Expires 02109 Kevin Clark Commissioner Term Expires 02109 Lynn Hohl Commissioner Term Expires 02108 Sandie Roach' Commissioner Term Expires 02107 Bob Hicks Commissioner Term Expires 02108 Clark Corbridge City Manager Scott Williams Planner Donna Glenz Planning Assistant Maggie Wilkins Assistant Planner Christy Terry Executive Liaison Regular Meetin 1. Call to Order 2. Opening Ceremony A. Pledge of Allegiance 3. Roll Call 4. Special Reports & Presentations A. City Administration Report B. Other Reports, Announcements & Presentations 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] 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.] Planning & Zoning Commission Special Meeting Agenda September 19, 2006 Page I 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 - None B. New Business Items requiring a Public Hearing 1. Resolution 2006-23, granting a Conditional Use Permit to Metco for the Gravel / Resource Extraction on an approximant 1 acre portion of Townshipl South, Range 1 West, Section 9, Seward Meridian; South West area of USS 703, in the Lowell Creek Canyon, within the Resource ManagementZoning District........................................................... Page 3 8. Unfinished Business - None 9. New Business *A. September 5, 2006 Regular Meeting Minutes ........................................... Page 43 10. Informational Items and Reports (No action required) 11. Commission Comments 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 Special Meeting Agenda September 19, 2006 Page 2 SPONSORED BY: CORBRIDGE CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2006-23 A RESOLUTION BY THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO METCO INCORPORATED TO REMOVE BOULDER ACCUMULATIONS FROM LOWELL CREEK ADJACENT TO THE LOWELL CANYON LEVEE IN CONJUNCTION WITH CITY OF SEWARD MAINTENANCE OF THE TUNNEL AND LEVEE, IN THE RESOURCE MANAGEMENT ZONING DISTRICT Whereas, Metco Incorporated has requested a Conditional Use Permit to allow the extraction of surface boulders / large rock from Lowell Creek Canyon; and Whereas, the proposed rock extraction is complementary to maintenance requirements of the City of Seward for the Lowell Creek Levee and Bypass Tunnel; and Whereas, the property is located in the Resource Management zoning district; and Whereas, as per City of Seward Code, Land Uses Allowed, Table 15.10.225, resource extraction is allowed in the Resource Management zoning district as a conditionally permitted use; and Whereas, having complied with the public notification process; on September 19, 2006, the Seward Planning and Zoning Commission held the required public hearing on the Conditional Use Permit application. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. According to SCC 15.10.320. D., the Commission shall establish (adopt) finding(s) that the use satisfies the following conditions prior to granting a Conditional Use Permit: A. The use is consistent with the purpose of this chapter (Seward Zoning Code) and the purposes of the zoning district. Finding: The proposed use has been found to be consistent with the City of Seward Land Use Code —the subject property is located in the Resource Seward Planning and Zoning Commission Resolution No. 2006-23 Page 2 of 5 Management zoning district which is intended to provide for lands that are generally undeveloped and cannot be precisely zoned due to inadequate information on the extension of public services and utilities; the suitability of the land to support commercial, residential, industrial, or public uses; and other possible environmental consideration(s). Resource extraction is an allowable use in the Resource Management zoning district by Conditional Use Permit provided that any adverse impacts to adjoining properties, or other properties, in the neighborhood can be mitigated by conditions established by the Conditional Use Permit. a. The value of adjoining property will not be significantly impaired Finding: It is highly unlikely that any adjacent property values would be negatively affected as a result of the proposed use. Properties adjacent to the proposed site are developed in single and multi -family residential. However, the actual work site is located approximately one-third (1/3) mile from the nearest residence. The proposed extraction site is located sufficiently away from the nearest developed properties, and the execution of the extraction is at such a scale, that it is unlikely to pose any degradation to property values nor impair the enjoyment of adjacent private property uses. Additionally, removal of rock from the creek area as a part of a greater maintenance regimen will help prevent Lowell Creek from overtopping the levee during periods of high water. Any flooding of Lowell Creek breaching the levee might very well have an adverse impact on properties on Lowell Canyon Road. C. The proposed use is in harmony with the Seward Comprehensive plan Finding: The Comprehensive Plan supports the proposed extraction under: Section 3.8 Natural Hazards under Subheadings: 3.8.1 Promote community safety from natural disasters through mitigation measures and preparedness training, and; Section 3.8.1.3 Mitigate Flood Hazards. We find that the use is in harmony with the Seward Comprehensive Plan because it is a direct flood mitigation measure for Lowell Creek and is being facilitated by the City of Seward Public Works Department. D. Public Services and facilities are adequate to serve the proposed site. Finding: The proposed use will not require the use of, nor conflict with, public services and utilities. E. the proposed use will not be harmful to the public safety, health or welfare. Finding: Nothing in the applicant's proposal to extract large rock and boulders from Lowell Creek including actual extraction and removal activity is expected to Seward Planning and Zoning Commission Resolution No. 2006-23 Page 3 of 5 be harmful to the public safety, health and welfare. The area adjacent to the City water pump house, the tunnel headwall, and levee are posted no trespassing and therefore risk of injury to pedestrians transiting the area would not be expected during extraction activity. Any other impacts would be similar to small scale road construction activity and occur a few days per year. Operation off -site of hauling units on public streets will be subject to applicable laws. F. The use proposal described in the application and its supporting information was approved by the Commission and is the basis for the issuance of this Conditional Use Permit. Any and all specified conditions deemed necessary by the Commission to fulfill the proposed use shall be met by the applicant. These may include, but are not limited to, measures relative to access, screening, site development, building design, operation of the use, and other similar aspects related to the proposed use. Modification to the final approval of this Conditional Use Permit may, upon application by the permitee, may be modified by the Planning and Zoning Commission: A. When changed conditions cause the conditional use to no longer conform to the standards for its approval; B. To implement a different development plan conforming to the standards for its approval; C. The modification plan shall be subject to a public hearing and a filing fee set by City Council Resolution. ( SSC 15.10.320 D & F) Based on the above findings and conclusions, Staff recommends approval of the CUP shall be subject to the following conditions: Conditions: This permit shall remain in effect for a period not to exceed ten (10) years from the effective date of the permit except that the Seward Planning and Zoning Commission may alter the permit period should a material change of conditions warrant; and 2. The applicant / operator shall coordinate all extraction activities with the City of Seward Public Works Director. Seward Planning and Zoning Commission Resolution No. 2006-23 Page 4 of 5 Section 2. The Planning and Zoning Commission finds that the proposed use, subject to the above stated conditions, satisfies the criteria for granting a Conditional Use Permit provided the conditions listed in Section 1, Subsection F are met by the Use Permit to Metco Incorporatednt, and authorizes the administration to issue a Conditional Section3. The Planning and Zoning Commission finds that adherence to the conditions of this permit is paramount in maintaining the intent of Seward City Code Section 15.10.320; Conditional Use Permits, and authorizes the administration to issue a Conditional Use Permit. Additionally, the administration shall periodically confirm the use conforms to the standards of its approval. Section 4. This resolution shall take effect ten (10) days following its adoption. NOTE: An appeal of the commission's action may be made at any time until the resolution becomes effective. Passed and Approved by the Seward Planning and Zoning Commission this 19`h day of September, 2006. The City of Seward, Alaska Marianna Keil, Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Jean Lewis, CMC P&Z Agenda Statement Meeting Date: September 19, 2006 Through: Clark Corbridge, City Manager From: D. Scott Williams, Planner Agenda Item: A resolution by the Seward Planning and zoning commission of the City of Seward, Alaska, granting a Conditional Use Permit (CUP) to Metco Incorporated to remove boulder accumulations from Lowell Creek adjacent to the Lowell Canyon levee in conjunction with City of Seward maintenance of the tunnel and levee, in the Resource Management zoning district. BACKGROUND & ANALYSIS: Backeround• Applicant: Metco Inc. — 2701 Seward Highway, Seward, Alaska 99664 Location: Lowell Creek (Canyon) From the Levee Headwall structure to approximately 1400' feet upstream Area: Approximately six (6) acres, 150' X 1400' Zoning: Resource Management (RM). Existing Use: Lowell Creek - undeveloped Proposed Use: Extraction of Large Rock and Boulders Flood Zone: N/A Metco Inc. has submitted a conditional use of large rock and boulders from the Lowell upstream approximately 1400' and 150' in proposed extraction will occur along the st banks. No vegetation will be disturber application to permit the periodic extraction Creek Canyon area from the levee headwall width or approximately six (6) acres. The eam bed to the limits of vegetation on both as a result of the proposed extraction. -Page 1 of 4- Additionally, the applicant has stated that extraction activities will occur along the stream bed and not in the creek itself. The Lowell Creek flood diversion and levee constructed by the Army Corps of Engineers has required periodic bed load cleaning since its construction to prevent, or reduce the discharge of gravel, rock, and subsequent blockage of the diversion tunnel. The City of Seward has assumed responsibility for reducing the bed load in the vicinity of the levee and is facilitating the extraction proposed by the applicant. The extraction proposed is for a quantity of about 500 cubic yards per year for the duration of the permit. That quantity could be adjusted ba�aon u d Public Works Director. requirementsExtractie operatio s by the v directed by the City of Se` applicant are proposed to be small in nature using only the necessary heavy equipment to pick and haul materials. The applicant proposes to dispose of extracted material offsite. A portion of the extraction area lies within State of Alaska Department of Natural Resources lands and the applicant has applied for an extraction permit from that agency. The AKDNR contract for State lands will be issued on an annual basis. A portion of the area, subject to extraction operation, lies on the City of Seward's land; the remainder is on state land. The entire proposed extraction area lies in a Resource Management zoning district. Analysis: Resource extraction activities are allowed via Conditional Use Permit (CUP) in the Resource Management (RM) Zoning District, as per Seward City Code (SCC) Land Uses Allowed Table 15.10.225. Resource Extraction is defined in the Land Use Code under Section 15.10.140 Definitions "commercial or industrial operations involving the removal of non-renewable natural resources such as ore, topsoil, sand, gravel, rock, gas, oil or any operations having similar characteristics. Said use includes the use of heavy equipment such as loaders, dozers, backhoes and crushers. " The intent of Title 15, the Seward Land Use Code for the Resource Management zoning district is to provide for "lands which are generally undeveloped and cannot be precisely zoned due to inadequate information on the extension of public services and utilities; the suitability of the land to support commercial, residential, industrial or public uses; and other possible environmental consideration. " The scale of the proposed extraction activity is small and would not be considered "industrial" in scale. Similarly, the removed material will be disposed of by the applicant commercially but not in a quantity that would normally be considered commercial in scope. However, the Land Use Code definitions do maintain that an activity that includes the use of heavy machinery, such as this proposal, would meet the definition requiring a conditional use approval. -Page 2 of 4- The proposed extraction area is a creek bed in a high velocity discharge area and the extraction of rock will not involve development or disturbance that is permanent in nature. Bed loading of rock will recharge the area naturally. Removal of material is consistent with normal maintenance of the flood diversion facility in Lowell Canyon. The adjacent land uses in the Lowell Canyon Road neighborhood includes multi -unit apartments and single-family residences. However, all such residential uses occur a minimum of a 1/3-mile to the east of the proposed extraction area on Lowell Canyon Road. It is unlikely that the small scale removal activities will produce adverse impacts to the neighborhood provided the applicant operates according to the proposal in material quantities and hours of operation. In the interest of community safety and in view of flood potential during heavy rainfall and spring break-up high water events, staff recognizes the removal of bed load material should be encouraged for safety reasons. The Director of the Seward Public Works Department drafted a memorandum dated September 8, 2006 (attached) confirming his facilitation and support of the extraction proposal. Public Comment: At the time of publication of this report, staff has received one public comment regarding this proposal and permit application. The e-mail is attached. If any additional correspondence is received after publication of this agenda statement, it will be presented as a lay down item at the September 19th meeting. CONSISTENCY CHECKLIST: Yes No 1. Comprehensive Plan (2006) X The Comprehensive Plan supports the proposed extraction under: Section 3.8 Natural Hazards under Subheadings: 3.8.1 Promote community safety from natural disasters through mitigation measures and preparedness training, and; Section 3.8.1.3 Mitigate Flood Hazards. 2. Strategic Plan (1999) X The Strategic Plan also supports the proposal under: Mitigate Flood Hazards — "determine the best solution and seek adequate funding to diminish Lowell Creek flood potential, and; Promote a safe community — "we are a community that promotes the public health, safety and welfare of its residents by preparing for natural and man-made hazards through responsible building construction, maintaining streets and sidewalks, and providing superior police, fire, and disaster management services. " Cl -Page 3 of 4- RECOMMENDATION: Staff recommends that Commission approve Resolution 2006-23, granting a Conditional Use Permit to Metco Inc. to perform extraction of large rock and boulders adjacent to the Lowell Creek Canyon Levee as proposed in the Resource Management (RM) Zoning District subject to the following specified conditions: 1. This permit shall remain in effect for a period not to exceed ten (10) years from the effective date of the permit except that the Seward Planning and Zoning Commission may alter the permit period should a material change of conditions warrant; and 2. The applicant / operator shall coordinate all extraction activities with the City of Seward Public Works Director. 10 -Page 4 of 4- h CITY OF SEWARD COMMUNITY DEVELOPMENT OFFICE P.O. Box 167 • Seward, Alaska 99664 (907) 224-4048 CONDITIONAL USE PERMIT APPLICATION CITY 01: SEWARD AUG 2 d 2006 PLANNING OFFICE This completed application is to be submitted to the Community Development epa men o later than three (3) weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting held the first Tuesday of each month. The application must be accompanied by the $250.00 filing fee; and if property is already developed, an as -built survey prepared by a surveyor registered in the State of Alaska. or scaled site and elevation clans for undeveloped land. APPLICANT INFORMATION Applicant: Metco Inc. Address: 2701 Seward Hwy Seward, AK (907) 224-3151 Telephone No.: Property Owner (if other than applicant): City of Seward/State of Alaska Address: PROPERTY DESCRIPTION Telephone No.: Address: Secti on 9 Twnsho 1 South, Range 1 West Lot Size: approx 1 (acres/SF) Seward Meridian Lot Block Subdivision Land Use Plan Designation: Tax Parcel No. - - Zoning Designation: Resource Management DEVELOPMENT PROPOSAL INFORMATION 6 - 5 A. What structures are located on the property? No structures on the property B. What is the existing use of the property? None that we are aware of C. What is the proposed use of the property_ To remove rock to be used for ri p rap D. What is your development time schedule? Whenever it is feasible for us to go up there to remove the rock. CUP PERMIT 11/99 1 of 3 F. Include building elevation plans and a site plan, drawn to scale. The site plan should include: a) property dimensions; b) location and dimensions of existing and planned buildings; c) parking configuration; d) driveways/access; e) natural features; and f) other pertinent information. I hereby certify that the above statements and other information submitted are true and accurate to the best of my knowledge, and that I, as applicant, have the following legal interest in the property: O Owner of record; () Lessee; O Contract Purchaser; () Authorized to act for a person who has the following legal interest: I also understand that this item will be scheduled for action only if all application materials are submitted not less than three weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting held the first Wednesday of each month. r-� 1. - Pr ` / /, Applicant's Signature: Property Owner's Signature Enclosed: Fee: $ 250 ( ) Site Plan ( 1 Elevation Plans ( ) Location Map ( ) Other ( ) DO 3of3 CUP PERMIT 11/99 `- ' N/orll � 1 1y00�.1; x ISOZ.Fo ve �a ti 1 I J t 1 FToos �IYerSion TV r) Te 7 \ hovs� 0 C,�"Y maw 4owW.,Creek, 1eve Q W zoo6.23 AA e t. �-1�i�t _ ,Q�� I i car, SEP-07-06 THU 04:31 PM METCO, INC. FAX N0, 9072243514 P. 02 ----= METCO, INC. 2701 Seward Highway HCR 64 Box 300 ,award, Alaska 99664 (907) 224-3161 Fax: (907) 224-3514 September 6, 2006 City of Seward D. Scott Williams P.O. Box 167 Seward, AK 99664 Dear Mr. Williams Metco is planning to go into the Lowell Canyon area, specified on the enclosed map, to pick rocks using an excavator and nnel and to provide lan to have low paw on the area. Our goal is to help the city protect the ttuowner can purchase to use to affordable large rock that the average property protect their property from flooding. We are planning to work in the gravel bed area (see map) from vegetation to vegetation. Again we are planning to have a low impact on the greenery in the area. We will be working from the it,brown ldo their property line and approximately 500 feet up State of Alaska p opert We are planning to use 1 or 2 trucks at a time to haul the rock during regular business hours when the water level is low. Most of the activity will be in the dry river bed area. We will only pick rock from the area not be blasting, due to rock being limited from thaw to freeze up. Metco if you have any other questions please contact me. Thank you. Sincerely, David Dieckgraeff Vice President Conlradois llosnse A AA5733 0 • August 22, 2006 To Whom It May Concern: METCO, INC. 2701 Seward Highway HCR 64 Box 300 Seward, Alaska 99664 (907)224-3151 Fax: (907) 224-3514 CITY OF SEWARD AUG 2 4 = PLANNING OFFICE The proposed project of removing rocks from Lowell Canyon is one that will help the City of Seward protect the tunnel from damage and one that will help Metco serve a need for large rock to be used for rip rap to protect local property. We have gone through months of the permit process and have gone through numerous agencies to get the permission to remove the rocks. Some of the agencies we have contacted are: State of Alaska Department of Natural Resources, US Army Corps of Engineers, US Environmental Protection Agency, and the US Forest Service. We have not had a negative response from any of the agencies we've contacted. If you have any questions, please contact me. Thank you. Sincerely, David Dieckgraeff Vice President Memorandum Date: September 8, 2006 To: Scott Williams, Community Development Planner From: W.C. Casey, Director of Public WorksA(S Subject: Rock Extraction in Lowell Canyon I am pleased to facilitate the proposed extraction of rocks (boulders) from the Lowell Creek watershed. It is in the City of Seward's best interest, as well as being consistent with the Corp of Engineers Operation and Maintenance Manual (March 1946), that maintenance of the Lowell Creek stream channel to remove boulders is permitted. The maintenance will be at no cost to the City of Seward, and the City of Seward Public Works Department will facilitate all work that is done in the Permitted Project Area. A site visit was conducted in the middle of August 2006 with Max Best (KPB, Planner), Susan Browne (DNR, Hydrologist/Permitting), David Dieckgraeff (Metco, permittee), two members of the public and myself. The site visit delineated the proposed project area, and the agency members present agreed that the maintenance work could be done without adverse impacts to the watershed. If you should have questions or need further information regarding this matter, please contact me. Historic Preservation Commission Memorandum Meeting Date: August 11, 2006 Through: City Manager Clark Corbridge From: Public Works Director WC Casey (�• Agenda Item: Discussion to submit comments on the Lowell Creek, Seward Material Sale — ADL 229789, to the State of Alaska, Department of Natural Resources, Division of Mining, Land and Water, Alaska Costal Management Program. The City Administration would like to stress it is urgent that any comment made by the Historic Preservation Commission give due consideration to the importance ofnecessary material extraction to maintain the integrity of the Lowell Creek Diversion dike. The necessary material extraction can be made by engaging a contractor or done by City personnel, but must be done to protect the City from flooding. Many historic buildings, government agencies, businesses and residences would be damaged, if the integrity of the diversion system (including the dike) is not maintained. Metco, Inc. From: Williams, Gary [GWilliams@borough.kenai.ak.us] Sent: Thursday, August 10, 2006 2:06 PM 'Metcolnc@g ci.net'; 'wcasey@cityofseward. net'; To: 'Susan _G_Browne@dnr.state.ak.us'; 'cgriz@ak.net'; 'mount10man@alaska.com' Subject: Lowell Creek Material Sale Meeting All, d in an effort to gain input from a variety of Given the public interest in this project an perspectives, I am coordinating a site visit next invited to participate because of an This is not an exclusive invitee list but y ou areexpressed interest in this project. he My office is involvedinasmuch Program smuchs and roject is with the KPBstency Alaska Coastal Manage , on site, with The meeting eslofathepDNR, Metco3the mCity ofeSe ardAandsh tkelace at other parties representativ including myself. the project, the location or otherwise, please contact If you have an questions regarding me. Best regards, Gary Williams Gary Williams Coastal District Coordinator Kenai Peninsula Borough 144 N. Binkley St. Soldotna, Alaska 99669 (907) 714-2216 email: gwilliams@borough.kenai.ak.us MEMORANDUM State of Alaska Department of Natural Resources Division of Parks and Outdoor Recreation Office of History & Archaeology TO: Susan Browne DATE: September 7, 2006 DNR-DMLW Anchorage FILE NO: 3130-2R DMLW a TELEPHONE NO: 907-269-8721 c� FAX NO: 907-269-8908 FROM: Judith E. Bittner SUBJECT: Lowell Creek Material Sale , ,p State Historic Preservation Officer ADL 229789 Our office has previously written a letter (8/21/06) regarding the removal of material for ongoing maintenance along the north side of Lowell Creek. As we have previously stated, it is our understanding that the material extraction will be done on the north side of Lowell Creek, on the opposite bank from the currently visible piping and the extraction will not consist of the mining of sand and gravel but the removal of large boulders only. The Office of History and Archaeology asks that the following stipulations are strictly adhered toy: If it is necessary for the applicant to remove boulders from the south bank, our office must be notified and given the opportunity to comment prior to material extraction If any activities related to this project unintentionally uncover any prehistoric or historic remains, all activities in that area must cease and our office must be notified immediately o It should be noted that if this is to occur, the applicant may continue material extraction in other areas that will not further uncover or damage the remains. Once consultation with our office has been completed, material extraction may resume in that area If these stipulations are followed, our office concurs with the Division of Mining, Land and Water that no historic properties will be affected. Please contact Margie Goatley at 269-8722 if you have any questions or if we can be of further assistance. Cc: Shannon Kovac, Seward Historic Preservation Commission I O WM/ FRANK H. MURKOWSKI, GOVERNOR 550 WEST 7"m AVENUE, SUITE 900C OF NATURAL RESOURCES ANCHORAGE, ALASKA 99501-3577 DEPARTMENT DIVISION OF MINING, LAND AND WATER PHONE: (907) 269-8503 FAX: (907) 269-8913 SoUTHCENTRAL REGION LAND OFFICE September 8, 2006 Metco, Inc. 2701 Seward Highway Seward, AK 99664 Attn: David Dieckgraeff SUBJECT: Material Sale, Lowell Creek, Seward, AK ADL 229789 Proposed Consistency for ACMP Review Dear Mr. Dieckgraeff: The Alaska Department of Natural Resources (ADNR), Division of Mining, Land and Water (DMLW), is currently coordinating the State's review of your proposed project for consistency with the Alaska Coastal Management Program (ACMP). DMLW has developed the attached proposed consistency determination based on reviewers' continents. Based on an evaluation of your project by Alaska Department of Natural Resources, Alaska Division of Parks and Outdoor Recreation, Office of History & Archaeology, Division of Mining, Land and Water (DMLW), the affected coastal resource district and several public citizens, DMLW proposes to object to your certification that the project is consistent with the ACMP and affected coastal district's enforceable policies. The attached proposed consistency determination identifies alternative measures that enable the project to be consistent with the enforceable policies of the RCMP. You may choose to adopt the alternative measures, propose other modifications, or appeal. If you agree to adopt the alternative measures or modify the project, please return the enclosed form or amend your original application to incorporate the alternative measures or modifications no later than five days from issuance of this letter. You also may request an extension of time to consider the alternative measures and your response. If you or other review participants with elevation rights do not request an elevation or extension within the specified five days and you do not adopt the alternatives measures, this proposed consistency response becomes a final objection to your project. Proposed Consistency Determination ADL 229789 Page I If you have any questions regarding this process, please contact me at 907-269-5047 or email: Susan—G—BTowne@dnr.state.ak.us. Sin c ly, Susan G. Browne Project Review Coordinator Enclosures: Distribution List: Project Amendment -- Acceptance I have reviewed the proposed consistency determination for my project, Material Sale ADL 229789, and agree to amend my proposal to incorporate all of the alternative measures described in the determination and/or modify the project to achieve consistency with the enforceable policies of the RCMP. -U- V (name) (date) Please fax this signed and dated form to the Review Coordinator no later than 5 days from receipt (FAX NO.: (907) 269-8913). You also have the option of amending your original application form no later than 5 days from receipt. If you are unable to agree with these alternative measures or return this form by that date, please contact me to request an elevation or extension of time. This form is necessary to meet requirements in I AAC 110.255. -N O 6 FRANK H. MURKOWSKI, VNU 2/ GOVERNOR DEPARTMENT OF NATURAL RESOURCES 550 WEST 7TM' AVENUE, SUITE 900C ANCHORAGE, ALASKA 99501-3577 DIVISION OF MINING, LAND AND WATER PHONE; �907) 269-8503 SOUTHCENTRAL REGION LAND OFFICE 3 DISTRIBUTION LIST FOR ADL 229789 Enclosure: PIS and Backup Material Nathan Patry, DEC Gary Williams, Planning Director, KPB, Soldotna Gary Sonnevil, Field Supervisor, US Fish and Wildlife Service, Kenai Jane Gabler, KPB, Soldotna Steward Seaberg, ADNR, OHMP Chris Nahorney, ACMP Liaison, DMLW, Anchorage Christine Ballard, RCMP, Anchorage Stephanie Ludwig, ANDR, SHPO Lee McKinley, DNR/OHMP, Soldotna Linda Markham, DOT/PF, Anchorage Jennifer Wilson, DOT/PF, Anchorage Margie Goatley & Judith Bittner, DNR/SHPO, Anchorage Jack Sinclair, AK Parks and Outdoor Recreation, Kenai Peninsula Mark Fink, DFG, Anchorage Anne Fore, COE Land Management W.C. Casey, Office of the Mayor/Director of Public Works, City of Seward Kent Kohlhase, USFS Seward Ranger District, Seward Jeanne Hanson, NMFS Janet Herr, NMFS Glen Yankus, NPS, Anchorage Joe Meade, USFS Mark Luttrell, Director, Eastern Kenai Peninsula Environmental Action Assoc., Seward Phil North, EPA, Kenai Rick Rogers, Chugach Alaska Corporation, Anchorage Rob Spangler, USFS Pam Russell, DNR, Kenai Andrew McCarthy, National Park Service Public citizen commentors: James McCracken, Seward/Bear Creek Flood Service Area Board Carol Griswold Randall & Christina Stauffer Shannon Kovac, Seward Historic Preservation Commission ENFORCEMENT: Pursuant to 11 AAC 110.260(e) and 110.445(e), if after receiving this final consistency response, the applicant fails to implement an adopted alternative measure, or if the applicant undertakes a project modification not incorporated into the final determination and not reviewed under 11 AAC 110.800-11 AAC 110.820, State resource agencies may take enforcement action according to the resource agency's statutory and regulatory authorities, priorities, available resources, and preferred methods. ADVISORIES: 1. Please be advised that although the DMLW concurs with your certification that the project is consistent with the ACMP, you are still required to meet all applicable State and federal laws and regulations. This consistency finding may include referende to specific laws and regulations, but this in no way precludes your responsibility to comply with other applicable laws and regulations. 2. Additional stipulations under Title 38 will be added to the authorization if issued by the Department of Natural Resources, Division of Mining, Land and Water. 3. If the proposed activities reveal cultural or paleontological resources, please stop any work that would disturb such resources and immediately contact the State Historic Preservation Office (907-269-8720). 4. A comment was received from the affected coastal management district, the Kenai Peninsula Borough Coastal Management District, after the comment deadline had closed. The applicant has reviewed and accepted the suggested special stipulation, and it will be incorporated into the Title 38 land authorization, the material sale contract, if issued. Resource extraction activities to be conducted shall minimize accelerated shoreline erosion causing adverse impacts to shoreline processes. Extraction shall retain existing vegetative cover in erosion -prone areas to the greatest extent feasible and prudent. Final Consistency Determination Prepared By: Susan G. Browne, Project Review Coordinator Department of Natural Resources, Division of Mining, Land and Water 550 W. 7`h Ave., Suite 900C Anchorage, AK 99501 (907J,9 560 d.� .g4l`a{1it-�.� Susan G. v Date Page 8 ADL 229789 Final Consistency Determination M Proposed Consistency Determination ADL 229789 Page 1 ALASKA COASTAL MANAGEMENT PROGRAM PROPOSED CONSISTENCY DETERMINATION OBJECTION WITH PROPOSED ALTERNATIVE MEASURES DATE ISSUED: September 8, 2006 PROJECT TITLE: Material Sale, Lowell Creek, Seward, AK ADL NO.: ADL 229789 PROJECT DESCRIPTION AND SCOPE OF THE PROJECT SUBJECT TO REVIEW: Access and remove large surface rock materials from the flood plain of Lowell Creek, located on State owned land. Legal description is: Township 1 South, Range 1 West, Section 9, Seward Meridian in Seward, Alaska. Estimated size: approximately' 2 acres. AFFECTED COASTAL RESOURCE DISTRICT: Kenai Peninsula Borough Coastal Zone Management Program CONSISTENCY STATEMENT: DMLW proposes to object to the consistency certification submitted by Metco, Inc. because the project as proposed is inconsistent with the following ACMP enforceable policies. The proposed project can be made consistent if the applicant adopts the alternative measures that follow the policy explanation. For the protection of habitat and air, land, and water quality, the alternate measures below are necessary. Pursuant to 11 AAC 112.300, Habitat, and 11 AAC 112.310, Air, land, and water quality, site disturbance and pollution should be minimized according to the following measures. Lowell Creek is not classified as an anadromous stream or fish habitat. This contract authorizes activity only on lands under the management jurisdiction of the State of Alaska. The issuance of the contract does not preclude the buyer's need to acquire any necessary state, federal, or local authorizations or permits, as may be required, and to be in compliance with these authorizations. Failure to do so shall be considered a breach of the terms and conditions of the contract and may be cause for contract revocation. 2. No rock blasting or quarry rock mining techniques will be allowed within the material site. All rock removed will be existing surface rock. 3. All work shall be confined within the boundaries of the site. The buyer is responsible for the accurate location of all activities within the area authorized by this contract. A site diagram that is tied to an existing survey monument will be submitted to DMLW before any operations begin on the area authorized by this contract. Any survey(s) that may be necessary or requested by the regional Proposed Consistency Determination ADL 229789 Page 2 manager shall be submitted within nine months from the date of the regional manager's request. 4. All access and extraction will be conducted outside of the Lowell Creek stream water flow, whenever possible, to reduce any negative impacts to water quantity flow and quality. 5. DMLW retains the right to amend or terminate the contract if any additional information is provided to us that proves that rock extraction from the contract location site will increase downstream negative impacts in the flood plain or impacts to the tunnel structure. 6. No rock blasting or quarry rock mining techniques will be allowed within the material site. All rock removed will be existing surface rock. 7. All waste generated during operation and termination activities under this authorization shall be removed or otherwise disposed of as required by state and federal law. No waste shall be deposited or buried on the authorized site of this contract. Waste in this sub -paragraph means all discarded matter, including, but not limited to, human waste, trash, garbage, refuse, litter, oil drums, petroleum products, ashes, scrap steel or used culverts and discarded equipment. 8. Sorbent material in sufficient quantity to handle operational spills must be on site at all times for use in the event of a spill. All petroleum, oil and lubricants (POL) (e.g., motor oil and fuel) will not be stored within 100 feet of water bodies and must be located within double walled tanks or a lined bermed area designed to contain at least 110 percent of the total amount of POL stored. Oil and fuel shall be cleaned up immediately and contaminated ice, snow or earth material shall be disposed of as required by the Alaska Department of Environmental Conservation regulations. Failure to carry out this stipulation may lead to contract suspension. 9. Disposal of grey or black water waste into the ground surface or nearby water sources from any operation associated with this authorization is specifically prohibited. 10. Drainage from the pit must meet state water quality standards before entering any surface waters of the state. 11. Vegetative waste and materials may not be deposited into any stream or other water area. Locations and improvements necessary for stream crossings for haul roads must be approved in advance by the seller. 12. The buyer shall conduct all operations in a manner, which will prevent unwarranted erosion. Any such erosion shall be repaired in a manner satisfactory to DMLW at the buyer's expense. Proposed Consistency Determination ADL 229789 Page 3 13. The depth of the extraction of rock will be restricted to grade of Lowell Creek stream bed. 14. The buyer is fully responsible for the costs of cleanup and full restoration of the site. The extraction area will be cleaned to the satisfaction of the seller upon termination of this contract. 15. DMLW may conduct an annual review at the end of each extraction season to evaluate new development/mining/reclamation information, tally the amount of material removed, and modify the contract if necessary. The DMLW reserves the right to modify the contract as new information becomes available. For the protection of transportation routes the alternate measures below are necessary. Pursuant to 11 AAC 112.280, Transportation Routes & Facilities, disturbance to navigation should be minimized according to the following measures. 1. No material of any type, including excavated material or vegetation, shall be placed, stockpiled, discarded, or otherwise disposed of in such a way as to block access to the material site. 2. DMLW retains the right to amend or terminate the contract if any additional information is provided to us that proves that the use of the planned equipment is not allowed on the direct transportation routes which access the site 3. Exclusive use of the material site is not granted by the issuance of this contract. The purchaser agrees to coordinate his operation so that it shall not interfere with the operation of other purchasers who may be assigned the same or nearby areas. The DMLW retains the right to cancel or suspend operations under any sale for reasons of safety, disputes between operators, or at any other time it should be in the State's interest to do so. DMLW retains the right of use and of ingress to and egress from any portion of the material site. For the protection of historic, prehistoric, or archaeological resources the alternate measure below is necessary. Pursuant to 11 AAC 112.320, Historic, Prehistoric, and Archeological resources, site disturbance should be minimized according to the following measures. 1. Historic and archeological objects are part of Alaska's cultural heritage and are protected under AS 41.35. If in connection with activities authorized under this material contract, the buyer, its officers, agents, employees, contractors, subcontractors, or their personnel encounter any paleontological, archeological or historic sites or artifacts, the buyer shall suspend all field activities on the effected portion of the parcel, and shall immediately notify the State Historic Preservation Officer (SHPO) at 269-8721. The buyer shall Proposed Consistency Determination ADL 229789 Page 4 not resume field activities within the affected portion of the parcel until obtaining authorization from the SHPO. 2. Due to the importance of this cultural resource, we are recommending that all preferred rock extraction take place on the north side of the stream. This would reduce the exposure of buried piping that is believed to be located on the south side of Lowell Creek. Any preventative or emergency rock removal planned for the south side of the creek would require prior approval from the DMLW, Mining, Land and Water prior to removal. In addition, DMLW retains the right to amend or terminate the contract if any additional information provided to us proves that rock extraction will increase risk of negative impact on the referenced cultural resource. If any activities related to this project unintentionally uncover any prehistoric or historic remains, all activities in that area must cease and the Office of History & Archaeology must be notified immediately (a) It should be noted that if this is to occur, the applicant may continue material extraction in other areas that will not further uncover or damage the remains. Once consultation with the Office of History & Archaeology has been completed, material extraction ma y resume in that area. The applicant may also propose other modifications that would achieve consistency for the DMLW to consider or appeal the State's decision. AUTHORIZATIONS: The project must be found consistent with the ACMP before the following State authorization may be issued: Alaska Department of Natural Resources, Division of Mining, Land and Water ADL 229789, Material Sale Please note that, in addition to the consistency review, DNR will evaluate this proposed project according to DNB's specific permitting authorities. DMLW may issue authorizations only if the proposed project is found to comply with applicable statutes and regulations in addition to being consistent with the ACMP. Authorities outside the ACMP may result in additional authorization conditions. If a requirement set out in the final project description is more or less restrictive than a similar requirement in a DMLW authorization, the applicant shall comply with the more restrictive requirement. ELEVATION PROCESS: Pursuant to 11 AAC 110.600, a state resource agency, the project applicant, or an affected coastal resource district that does not concur with this proposed consistency determination may request an elevation of the determination to the commissioner of DNR. A request for elevation must (1) be in writing; (2) be received by DMLW within five days after the proposed consistency determination is issued; and Proposed Consistency Determination ADL 229789 Page 5 (3) explain the requestor's concern, including any addition of or modification to an alternative measure identified that would achieve consistency with the enforceable policies of the ACMP. ADVISORIES: If you agree to adopt the above referenced alternative measures into your project proposal or modify the project to achieve consistency, and DMLW subsequently concurs with your certification that the project is consistent with the ACMP, the following advisories will appear in your final consistency determination: 1. Please be advised that although DMLW concurs with your certification that the project is consistent with the ACMP, you are still required to meet all applicable State and federal laws and regulations. This consistency finding may include reference to specific laws and regulations, but this in no way precludes your responsibility to comply with other applicable laws and regulations. 2. Additional stipulations under Title 38 will be added to the authorization if issued by the Department of Natural Resources, Division of Mining, Land and Water. 3. If the proposed activities reveal cultural or paleontological resources, please stop any work that would disturb such resources and immediately contact the State Historic Preservation Office (907-269-8720). Proposed Consistency Determination Prepared By: Susan G. Browne, Project Review Coordinator Department of Natural Resources, Division of Mining, Land and Water 550 W. 7a' Ave., Suite 900C Anchorage, AK 99501 (907)269-8560 Susan G. Browne Date Proposed Consistency Determination ADL 229789 Page 6 ACMP Consistency Evaluation Proposed Material Sale ADL 229789 September 8, 2006 Pursuant to the following evaluation, the project as proposed is consistent with applicable ACMP statewide and affected coastal resource district enforceable policies (copies of the policies are available on the Office of Project Management and Permitting web site at http://www.alaskacoast.state.ak.us). STATEWIDE ENFORCEABLE POLICIES 11 AAC 112.200 Coastal Development Evaluation: Surface extraction of rock materials with minimal surface impacts is consistent with coastal development. 11 AAC 112.210 Natural hazard areas Evaluation: Naturally occurring floods and snow melt in the flood plain are recognized to occur at this site. Removal of surface rock to protect downstream diversion tunnel is consistent with coastal management standards. DMLW retains the right to amend or terminate the contract if any additional information is provided to us that proves that rock extraction from the contract location site will increase downstream negative impacts in the flood plain or impacts to the tunnel structure. 11 AAC 112.220 Coastal access Evaluation: N/A 11 AAC 112.230. Energy Facilities Evaluation: N/A 11 AAC 112.240 Utility routes and facilities Evaluation: N/A 11 AAC 112.250 Timber Harvest & Processing Evaluation: N/A 11 AAC 112.260 Rock extraction Evaluation: The proposed project is a rock extraction operation and an associated material sale. Sand and gravel extraction is not included in the project. The DMLW material sale contract addresses the special stipulations that are required to follow DMLW land management and approved operations for this material sale. These protection related special stipulations are consistent with coastal management standards. 11 AAC.112.270 Subsistence Evaluation: N/A 11 AAC 112.280 Transportation routes and facilities Evaluation: Comments received from local citizens focused on the potential problems that may be created by construction transportation equipment mobilizing on residential access routes. DMLW is incorporating special contract stipulations to preserve access and transportation routes to the contract site. DMLW also reserves the right to amend or terminate the contract is it is proven that planned transportation equipment is not allowed on the direct transportation routes which access the site. The transportation related special stipulations are consistent with coastal management standards. 11 AAC 112.300. Habitats Evaluation: DMLW is incorporating special contract stipulations to address operating procedures to prevent negative impacts to the site location. See details in consistency statement and attached alternative measures. These habitat protection related special stipulations are consistent with coastal management standards. Proposed Consistency Determination ADL 229789 Page 7 11 AAC 112.310. Air, Land &Water Qualit Evaluation: DMLW is incorporating special contract stipulations to protect air, land and water quality. DMLW reserves the right to amend or terminate the contract if any additional information is provided to prove that rock extraction will increase negative impacts in the flood plain or impacts to the tunnel structure. See details in the consistency statement and attached alternative measures. Protection measures in the special stipulations are consistent with coastal management standards. 11 AAC 1 22.320. Historic, Prehistoric, and Archaeological Resources Evaluation: Comments from the ADNR, Office of History & Archaeology and the local Seward Historic Preservation Commission focused on a hydroelectric intake building and associated piping. These nearby cultural resources will be protected with special contract stipulations that prevent rock removal from the south side of Lowell Creek, which is the expected location of any residual buried piping associated with the former hydroelectric power plant upstream of the site. Any preventative or emergency rock removal planned for the south side of the creek would require prior approval from DMLW prior to removal. If any activities related to this project unintentionally uncover any prehistoric or historic remains, all activities in that area must cease and the Office of History & Archaeology must be notified immediately. It should be noted that if this is to occur, the applicant may continue material extraction in other areas that will not further uncover or damage the remains. Once consultation with the Office of History & Archaeology has been completed, material extraction may resume in that area. DMLW retains the right to amend or terminate the contract is any additional information provided to us proves that rock extraction will increase the risk of negative impacts on the referenced resource. AFFECTED COASTAL RESOURCE DISTRICT ENFORCEABLE POLICIES No inconsistencies identified. LowellCreekMateri alSite-4m i radius 360,000 362,000 364,000 366,000 6,668,000 6,666.000 6,664.000 360,000 362.000 364.000 sets,uuu 0 y, 1 2 3 4 Miles TN ON HV 0 5,000 10,000 20,000 Feet 0 1 2 3 4 5 Kilometers v F--i .,� Lowell Creek Material Site 'LoweliGreekMaterialSite-4mirad' Scale: 1' = 0.607Mi 978Mt 3,208R, 1 Mi = 1.646" , 1 cm = 385Mt '3, F 9 ,z. :.4 P - -1 ! -1 �, � l,+ ,a��s• � rt.P ++y kwr-� Y -vtp �a°.y ��{ : Y��. Q'`',. .�,T `�ca.�{S �yL `§�.•L ,h�a. `Z� SAP,. �;,��r'a- '�� 'yam (�,r�'` 'A `s+,.i. 4Ck ,fir yL y'A��•: Y+r,q'o Sel 1 e R � .Y �m� P ° :�, �la� }F'�oa 1 � ♦�F 1�ti' � (f �" . ." > \ ryti,..#��'� b'i'4`. �� t- �. ��a �ti,.F 1.���^�2• # r<n� :a `�,{-.y.�z Ra�1�,''��.. _� . f,'.r • '+• �-': ,'�� ♦ '1,.�C nw �i� wdd'f d•.r Yam,. a�'9 x: t � ..s�y`^r .�w ttt R to'�"a ti .'�.,c. t' S P'Raa l�•1i �s 7���r�'.a :i a�i +. 7 . '.4 i -iy. a i5:6, q :�y t'M�,,P �•' �n t• r.. 1 l 4j, `•r W yw .`Y �? g.{ 'i* i r, _ ^`Sr jT,^ , -� -� 4 w •:.. t7 op j � ./�YYP f'_.•p 4 ^I �V' \1!"„ � ' �� � P � �4 "�i M _ r'P'ir.s G` ! r'► „ P . � *� t i '•t a, r l � #�. . of .1 v. ~.. .'! .v �f `� Ali* �y '. -. - � -- 6 J �' • 'i r. �, �I�, el..� �Sr17R'�. `tea. N n t.•. �1 08/1 V2006. Division of Mining, Land and Water Attention: Susan G. Brown, C.P.G., Natural Resources Specialist' 550 W. 7`h Ave. Suite 900C Anchorage, AK 99501-3577 Subject: Lowell Creek, Seward Material Sale —ADL 229789 Division of Mining, Land, and Water, A The Seward Historic Preservation Commission would like to bring to your attention an inconsistency in the application made. by Metco, Inc. of 2701, Seward, AK 9.9664, for the Lowell Creek, Seward Material Sale — ADL 229789. Referencing page 5, of the Metco Inc. application: Department of Natural Resources (DNR) Approvals 12. Will you be investigating, removing, or impacting historical or archaeological or paleontological resources (anything over 50 years old) on State-owned land? The applicant marked "No". • In 1923, a concrete, water intake building and series of pipes were constructed on Lowell • Creek to furnish water to power Seward Water and Light Company's hydroelectric .System. This structure has been assigned Alaska Historic Resource Survey number SEW-1315. It and the associated piping are located on State property. Approval of Lowell Creek, Seward Material Sale — ADL 229789 will allow Metco Inc. to remove rock materials from Lowell Greek and result in the destruction of the piping associated with SEW-1315; pipes that have yet to be documented by the State. It is the request of this Commission that the DMLW investigate the inconsistency in ,r Metco Inc.,s application and ensure documentation of this historical resource. Respectfully, o Shannon Kovac Seward Historic Preservation Commission, Chair Enclosures Cc State Office of History and Archeology Cc Metco Inc. Scott Williams From: Rory Petrik [killroypetrik@excite.com] Sent: Tuesday, September 12, 2006 9:16 PM To: Scott Williams I got the Notice of Public Hearing regarding rock/boulder extraction from Lowell Canyon. I live in the uppermost townhouse closest to the road. Of course I am not interested in a mining operation going on yards away from my house. When, and for how long? Isn't there annother location to do this mining that isn't right in my backyard? I already have 2 air filters running full time for the dust generated by regular traffic. What about the noise? Rory Petrik 231 Lowell Canyon Rd. Seward, AK 99664 Join Excite! - http://www.excite.com The most personalized portal on the Web! SEWARD / BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEAVIEW PLAZA BUILDING, SUITE 122 MEETING MINUTES 7 August 2006 LL TO ORDER B. ROLL CALL BOARD MEMBERS Jim McCracken, Chairman Steve Schafer, Vice Chairman Loyd Welch Nathan Orr Tina McLean Randall Stauffer Bill Williamson BOROUGH STAFF STAFF Christina Stauffer Administrative Assistant C. APPROVAL OF AGENDA Chairman Jim McCracken asked for additions or subtractions from the agenda. Vice Chairman Steve Schafer requested the addition of Seward Airport Buildings to New Business. Administrative Assistant Christina Stauffer requested the addition of e-mail from Carol Griswold re Lowell Creek and Letter from the Stauffers re Lowell Creek to Correspondence. She also suggested the addition of KPB Materials Removal Ordinance 2006-1 and FEMA Mapping/LIDAR to Old Business as well as Grant Acceptance to New Business. She also requested postponement of Current Events for Website Draft to the next regular board meeting. Randall Stauffer moved that the agenda be approved as amended. The motion was seconded and unanimously approved. D. APPROVAL OF MINUTES Nathan Orr moved that the minutes from 10 July 2006 be approved as written. The motion was seconded and unanimously approved. SEWARD / BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEAVIEW PLAZA BUILDING, SUITE 122 E. PRESENTATIONS Scott Walden, Coordinator for the Emergency Management Office of the Kenai Peninsula Borough was introduced. Mr. Walden reported on recent communication with the City of Seward Administrative Office, Clark Corbridge, on the subject of the Resurrection River Maintenance Plan (RRMP). He stated that he had spoken with Mr. Corbridge just prior to the meeting and that City Manager Corbridge said he was committed to getting the RRMP enacted and with promoting cooperation between the City of Seward and the SBCFSA. Mr. Walden went on to say that Mr. Corbridge understands that the timeline is pretty short to get this plan enacted. The plan draft needs to be finished and a Task Force meeting called at least 30 days before October 1 ", 2006. • Ervin Petty from the Alaska Homeland Security Department stated that he was attending the meeting to represent Scott Simmons, also of Homeland Security. Mr. Petty stated that he had a copy of the RRMP, that Mr. Simmons had looked at it and has already commented on it to Scott Walden. He relayed that Mr. Simmons had stressed the importance of getting the Task Force together again. The names on the Task Force list from 1998 will need to be updated. Jim McCracken suggested that topic of the RRMP be moved from the first item in New Business to the first item in Old Business so Mr. Walden and Mr. Petty would have more time to travel home after the meeting. The Board members agreed. F. PUBLIC COMMENTS • Carol Griswold spoke regarding the Metco materials removal permit for Lowell Creek. She wanted to encourage people to go up the canyon and see for themselves. She also pointed out that there were a number of errors on the application that should be cleared up. She believes it will jeopardize the city if they mine more rocks and urged the Board to take a stand against it. + Mary Bryan spoke regarding the logjam on the Salmon Creek next to her property that she had previously reported. She stated that she had permission from Fish and Game to cut up the trees and remove them but that she was seeking assistance with the disposal as she could not do it all by herself. G. BOARD'S RESPONSE TO PUBLIC COMMENTS Steve Schafer responded to Mary Bryan's concern by asking if the logjam on Salmon Creek came under SBCFSA jurisdiction. He also asked if the board should obtain a scope of work on the project. 2 SEWARD / BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEAVIEW PLAZA BUILDING, SUITE 122 Jim McCracken stated that the board would need estimates on the cost of the work. He further suggested that the log jam removal should be added to Old Business after the FEMA Mapping/LIDAR. Randall Stauffer suggested that since the Metco/Lowell Creek material sale was on the agenda under Permits that Carol Griswold's comments could be answered at that time. H. CORRESPONDENCE & PAYMENT REQUESTS • Letter from Alan Drake, Alaska Department of Transportation Jim McCracken introduced this letter which is a response to Board concerns regarding certain culverts and drainage issues on the Mile 0-8 Highway Project. Loyd Welch stated that the curb cuts and set backs have worked out well during recent rains and were draining well. Jim McCracken noted that he had observed the culverts between the Lynch property and Matthew Hall's property had been addressed as well. Loyd Welch pointed out that, regarding Item #1 on the Drake letter that the culvert in front of Stash N Store goes along with the culvert at City Express that the Board is investigating into repairing with Fish and Game assistance. Jim McCracken described a call he had received from Willard Dunham regarding drainage issues in this area of the highway project and that Stewart Seaberg of the Department of Natural Resources had been out to check the site but had not yet shared his thoughts on the problems. • E-mail and Letter to DNR from Scott Walden, KPB Office of Emergency Management Jim McCracken asked Mr. Walden to report on these items since he was present at the meeting. Scott Walden summarized his communication to DNR and stated that he has discussed the issue of waiver of fees with Scott Simmons at Alaska Homeland Security. He further stated that DNR is continuing to look into the possibility of waiver of fees for bed load removal that is done for flood mitigation. He stated that he would get the name of his DNR contact person when he returned to Soldotna and share this with the SBCFSA. 3 SEWARD / BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEAVIEW PLAZA BUILDING, SUITE 122 Jim McCracken requested that Mr. Walden keep the Board updated on the progress of this effort. • E-mail from Carol Griswold Jim McCracken introduced this e-mail regarding the Metco/Lowell Creek materials sale through DNR. Tina McLean said that she agreed that Lowell Canyon was a highly sensitive area and that she had misgivings regarding proposed mining there. • Letter from Christina and Randall Stauffer Letter protesting proposed material sale to Metco from Lowell Canyon was introduced. Steve Schafer excused himself from action on this issue as Metco is a competitor of his. Randall Stauffer also excused himself from action on this issue as he had a personal interest in the subject. • Payment Request — TelAlaska Bill Tina McLean moved that this bill for monthly phone and internet service in the amount of $124.43 be paid. The motion was seconded and unanimously approved. • Payment Request — Reimbursement to Christina Stauffer for Postage Bill Williamson moved that this payment request in the amount of $55.81 be paid. The motion was seconded and unanimously approved. • Payment Request — Reimbursement to Christina Stauffer for Printer Cartridges Bill Williamson moved that this payment request in the amount of $120.98 for purchase of ink cartridges for both SBCFSA office printers be paid. The motion was seconded and unanimously approved. 0 SEWARD / BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEAVIEW PLAZA BUILDING, SUITE 122 I. PERMITS FOR REVIEW • Metco Lowell Creek material Sale Proposal Jim McCracken explained that the Board had been asked to forward its comments on this issue to the DNR. Nathan Orr moved that the Board forward its comments to DNR. Loyd Welch spoke saying that he had experience with the damage large rocks could do to the Lowell Creek diversion tunnel and that he believed this removal should be encouraged. Nathan Orr stated that he agreed with Loyd Welch's comments. Christina Stauffer reported that currently she had seen no significant rocks within 900 yards of the dike and diversion tunnel entrance. Tina McLean asked if the City of Seward had a history of rock removal in Lowell Canyon. W. C. Casey, City of Seward Director of Public Works, spoke to this issue. He read from a 1988 US Army Corps of Engineers (USACE) report on the boulders and the need to keep them out of the diversion tunnel. He stated that the original cost of the tunnel in 1938 was $197,000. When built the USACE had believed that the end of the tunnel (outflow) was sufficient to receive outflow and debris for 200 years. In terms of the intake end of the tunnel, the USACE believed that the boulders should be removed but there was a disagreement about funding for this. The City has maintained an agreement with Metco to remove some of these boulders every year as needed for tunnel preventative maintenance. Mr. Casey went on to say that Dennis Nottingham and others have proposed much more drastic measures to protect tunnel such that removing a few boulders is minor. Tina McLean asked for some clarification on these comments. She asked if the scope of the proposed Metco material sale was truly minor compared to what might happen if it is handled differently. She also asked if there had been a recent study and is there a need for a more recent study. She also asked about cost factors and recognized that there is a need to keep the tunnel intake clear. W.C. Casey stated that most of the maintenance done over the years had been on the outflow end of the tunnel and that Metco had stated their intent to get an official permit to continue their rock removal above the intake. Tina McLean asked what stabilized the walls of the canyon once the boulders are removed. 5 SEWARD / BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEAVIEW PLAZA BUILDING, SUITE 122 W.C. Casey answered that the stream is very channelized through the canyon and that it was going nowhere. Randall Stauffer reported that he could not see where removal of more rocks in the canyon will make the tunnel substantially safer. He stated that he totally disagreed that erosion of the gravel banks due to rock removal was not significant. The road scraped by Metco during rock removal last year had placed much of the north bank nearly on a level with the stream and that there appeared to be nothing to keep the water from leaving it's banks and going down Jefferson Street in a high water event. He said that it would not take a major flood event for this to happen but could happen during normal run off, especially with the destruction of the vegetation that had previously held the banks. Jim McCracken reminded the board that there was motion on the table to forward comments to the DNR. He asked Mr. Casey who was responsible for maintaining the tunnel and was the area of the proposed material sale inside or outside city limits? W.C. Casey answered that the area was outside the city limits and that the road that concerned Mr. Stauffer was put in by USACE and not Metco while creating a culvert system to redirect the stream while tunnel maintenance and repair was taking place. Randall Stauffer stated that the road had been extended far beyond what was there before and had been extended at the cost of a great deal of vegetation that had been stabilizing the stream banks. He went on further to suggest that removing more rocks and vegetation could very well cause more destruction to the diversion tunnel than leaving the rocks alone. Steve Schafer commented that he felt a new study would be appropriate but that he did not want to cause an unnecessary expense to the City of Seward. Tina McLean added that she felt that appropriate studies should be done and that Metco should not operate unsupervised on this project. Jim McCracken asked the board to specify a punch list of comments to forward to DNR and stated that the first item could be getting engineering and hydrology studies. Bill Williamson suggested that a review by the USACE would be appropriate. Nathan Orr stated that care should be taken not to cost the City of Seward too much money and that Metco was willing to do this so they should not be hindered. Christina Stauffer asked when the most recent survey of the canyon had been made. 6 SEWARD / BEAR CREEK FLOOD SERVICE AREA REGULAR BOARD MEETING SEAVIEW PLAZA BUILDING, SUITE 122 Steve Schafer answered that the USACE had relined the tunnel in 2001. Tina McLean wished to know how far up the canyon it was necessary to mine rocks to provide protection to the tunnel? Jim McCracken summarized the list of comments thus far to include need for an engineering study and hydrology study, a determination to decide how far up the canyon rock removal is actually necessary. W. C. Casey emphasized the importance of stressing that this issue concerned the intake end of the tunnel and not the outfall. Steve Schafer moved that the punch list be accepted and drafted as a letter and it was decided that the draft would be made available to the board via e-mail for comment before it was sent. The motion was seconded and unanimously approved. J. OLD BUSINESS • Resurrection River Maintenance Plan (RRMP) Jim McCracken stated that, speaking personally, he had great respect and appreciation for what Scott Walden had done to improve the working relationship between the Board and the Borough. He want on to say, however, that he had a serious problem with some of the things that have been assigned to the SBCFSA in the plan draft. He pointed out that the SBCFSA was not in existence when the original agreement was signed. He referred to the subjects of jurisdiction and funding on pages 4 and 5 of the draft. He also mentioned the City of Seward Annex referred to under 2006 on page 6 and stated that he was unable to find this Annex in the plan. Scott Walden responded by saying that an annex from the City of Seward would not be needed because there will now be a cooperative agreement. He stated that many things in the plan draft were taken directly from the history of the formation of the agreement. He further stated that while the SBCFSA might not have been involved in the original crafting of the plan that many of the plan objectives that needed a lead group fell under the aegis of the SBCFSA as it now existed and were, therefore, appropriately assigned to the service area. He stated that while financing had not been put in place in the original agreement for SBCFSA activities that the Borough could make funding available for work that the service area did not have money for. He mentioned that $30,000 had been set aside for this in his budget. Steve Schafer asked if the $30,000 was designated for this plan specifically or did it cover activities over the entire peninsula? 7 City of Seward, Alaska Planning Commission Minutes September S 2006 Volume 6, Page 97 Call to order The September 5, 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 Smith led the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil presiding, and Margaret Anderson Sandie Roach' Lynn Hohl comprising a quorum of the Clark Corbridge, City Manager Scott Williams, Planner Donna Glenz, Acting -Planner Maggie Wilkins, Ass`tsttPlan Christy Terry, Ei,ecutive f ` so City • IntroducAd new Planri&!Scott Williams. • Noted Council Work Sbssion on Planning and Permitting scheduled for September 14th. • The Borough Flatting Commission failed to approve the replat of the Mary Lowell Center. • Noted the Ambulance Barn on Second Avenue and D Street had obtained a Conditional Use Permit to operate at their current location. • Glenz clarified code requirements surrounding rezones that brought parcels into conformance with the Land Use Plan. • Glenz reminded the Commission about their Special Meetings on September 12Ih and 19`h both at 6:30 pm. • Thanked Kay Strobel for all her hard work. • Noted one application for the vacancy of Strobel's seat and this applicant would be before Council at their next regular meeting. A City of Seward, Alaska Planning Commission Minutes September S 2006 Volume 6, Page 9 8 Terry reported attorney correspondence confirmed staff correctly moving forward with Ordinance 2006-07 containing the title language from the current Seward City Code. City Attorney did allow Council's title amendment because the section of the Code was clearly identified even though they did incorrectly amend the section of the ordinance citing the current city code language. Keil requested staff report on the particulars of a public utility easement including; uses permitted, uses not permitted, public access on these easements and the In response to Anderson, Glenz noted that Planner Scott Brown's temporary replacement and Assistant Planner Maggie clarified there was a proposal for additional staff in the budget r forward to Council. In response to Clark, staff noted the Kenai findings of fact. Smith requested these findings be distributed to 2007/2008 Legislative Boards and G Finance Director Kris Finance Director Planner and exempt. 2008 budget wo PERS debt and tion process. was Planner Malcolm a temporary hire. Glenz .,by Admisitration going actual dget Presentation — ' budget. time was allocated including noting that the ioAime allocated to Historic Preservation. to a percentage of the positions that were scope of an exempt employee's position. >ns, Erchinger noted the budget increases between the 2007 and increases in health insurance, workers compensation insurance, Roach' asked where the increase enforcement administration cost would be reflected, and Erchinger reported it was part of the Community Development budget. Roach' felt there should be a line item for food to be provided at the Comprehensive Plan Community Meetings to encourage more citizens to attend. In response to Keil, Erchinger stated attorney fees were covered elsewhere in the budget. Hohl requested City staff provide job descriptions for the Community Development Department to assist the Commission with their examination of the Boards and Commissions budget. 4A City of Seward, Alaska Planning Commission Minutes September S 2006 Volume 6, Page 9 9 KPB Planning Commission Report by Lynn Hohl Hohl provided a lay down for the Commission's review. Other Reports, Announcements and Presentations Liaison from Seward Bear Creek Flood Service Area Bo Citizens' Comments on Any Subject except Those Items Sch Approval of Agenda and Consent Agenda Scott Egger, inside City Limits, felt there was a huge private property and a utility easement on public property Subdivision was not on public property. Egger n�e Planner. r Dale Hoogland, inside City Limits, stressed the iml egress for the Forest Acres SubdivisionH;� stated road i Motion (Smith/Hohl) Motion Passed The Executive Liai The July 6, 2006 for Se QFdd Original New th a Plic Hearing Not in attendance. For Public Hearing - utility easement on noted the e " nt in Clearview d discuss the 1 w' the new ofproviding adequate ingress and ,ments were needed in the area. the Agenda and Consent Agenda under the Consent Agenda: isula Borough approval of the preliminary plat a subdivision of Lots 4-7, Original Townsite of Res olutioM&I,I, 1 , recommending Kenai Peninsula Borough approval of the Forest Acres firact A, Seward Long Term Care Facility Subdivision; A Replat of Lots CL, C1VI, CN, CO, CH, CJ, CK, AW, AV, AX, AY, AZ and BA Forest Acres Subdivision; and Lots BD1, BD2, BC1, BC2, CA1, CA2, CP1, CP2,15,16, 17, 18,19, 20 and 21 Forest Acres Afognak Addition. Glenz gave the administrative overview. She clarified this 27.5 acre platting action vacated all interior lot lines, undeveloped utility easements and right-of-ways creating a single parcel named Tract A. Glenz noted that along the Western side of Maple Street an additional right-of-way was dedicated in this platting action to create a 50 (fifty) foot right of way. Glenz clarified this contiguous parcel would be large enough to accommodate the new community Long Term Care (A5 City of Seward, Alaska Planning Commission Minutes September S 2006 Volume 6, Page 10 0 Facility. Glenz noted City of Seward Project Manager Tom Shepard, Architects Alaska's Mark Kneedler, and Enterprise Engineering's Michael Frisom were available in the audience for questions. Staff recommended approval of Resolution 2006-19. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Dale Hoogland, inside City Limits, referred to the current subdivision plat and noted there were platted right-of-ways that would address potential future needs ,Hoogland demonstrated the path of the platted Afognak Avenue right-of-way. He suggested angluig the right-of-way towards the levee to connect up with the levee right -of --way. Hoogland noted tle importance of not dissecting the property because of the project, but voiced concerns about future access when the area was more developed. He felt the City's proposal to continue Afogn .venue using theproposed hard turns interrupted the flow of future traffic. Hoogland prefe a gradual S turn Tom Shepard, City of Seward Project Engmee noted the t-of-ways being, ated by the replat were intended to service lots no longer in existene�., c °te replat was approved. He stated the administration did examine Afognak Avenue after the. ' Planning and Zoning Commission T. Work Session held on August 15th. Shepard agreed with Hoog that the levee right -of --way could be utilized but had concerns about disse� e property. and yalso noted neighborhood concerns with speed and clarified that shah,,, s vonld help slo ffic. Shepard stated there would be major impacts to the property if Afognak AVdLil" extended straight through because of elevation differences. In response to Veil, Shepard: stated that thisproject would not negate any future plans to provide upgraded accefd Forest Acres In respon t4 Smith, Shepard clarified the right -of --ways would be taken from Ci ro a Zn res onse to -1, Shepard stated that a `S sweep' of Afogank ty p" 6p rtY sp Avenue was ztt via_ a because the future cxpanton of adding more homes would be impacted. s� 'Al � Ixt response to '� quesrions from Hohl, Michael Frisom stated that the Eastern portion of the subdivison was less devel+�pable due to poor soil. He noted that the architects used this area as a natural bu�for the neiod. Mark Kn e'ller further larifi ed that a shelf developed on the Eastern portion of this property during the 1964 earthquake and this corresponded with the poorer soils. Hohl questioned 11 the levee's ability to withstand an earthquake and noted her concerns for future access for the hospital proposed at this site. Shepard noted that the levee would have the same design requirements as a road, but would have additional height. In response to further questions from Hohl, Kneedler clarified a nice easy curved road tended to increase vehicle speed, while requiring a stop provided time for the driver to make a judgment call and helped slow traffic down in a residential neighborhood. kD City of Seward, Alaska Planning Commission Minutes September S 2006 Volume 6, Page 101 No one else requested to be heard and the public hearing was closed. Motion (Smith/Anderson) Approve Resolution 2006-19 In response to Hohl, Glenz noted the replat vacated all interior lot lines, undeveloped right of ways, and all undeveloped utility easements. She clarified a separate vacation for Afognak Avenue was not necessary because Afognak Avenue was an undeveloped right-of-way. Roach' supported retaining the Afognak Avenue access hard turns did slow down traffic. The Chair received Unanimous Consent to Public Comment. Hoogland felt it was wrong to build a the levee. In response to Roach', Shepard n6 the with the route they were proposing for Afa Street and Dimond Boulevard had a compa Kneedler clarified the elevation from t the intersection of Ash Street>an the levee was then a 10% grade andro'.ads wereoinfortably b ���a Hohl questioned ift if the road wash the approach wa Lenue. In resp ution to the feet over at 15%. that in her experience allow additional nextto and grade was not a concern ,smith, Shepard stated Ash sh Street and Afognak Avenue to 0 foot span. This equated to less iave to go further around to access the hospital answer in the affirmative. Kneedler stated impartan tonsure there was a primary access point for the hospital. He �ted F ere should be ai�staff ative access for staand deliveries, but explained emergency tr n:affic should b used into one a ess point. In response to Hohl, Kneedler stated the hospital could be accessed from lklaple, Ash Cottonwood Streets if the Highway was impacted during an emergency. Strobel stressed her desire to have a stop sign at Cottonwood Street and Afognak Avenue on Afognak Avenue, and ahother stop sign on Cottonwood Street toward the facility. Motion to Amend (Rohl/Anderson) Amend Resolution 2006-19 by adding a new Condition #5 to Section 1. "Maple and Cottonwood Streets be dedicated to a width of sixty (60) feet in accordance with Kenai Peninsula Borough Code." LO City of Seward, Alaska Planning Commission Minutes September S 2006 Volume 6, Page 10 2 Hohl noted the majority of streets in Seward were sixty feet and these wider streets were necessary to provide space for kids, cars, snow, and ditches. Keil stated a training video reviewed by the Commission stated wider streets encouraged faster traffic. Hohl felt this was only true with streets approaching a hundred foot right-of-way. She stated the Commission was not treating the residents of this neighborhood correctly if they didn't take this opportunity to designate the needed right -of --way. Roach' concurred with Hohl and noted institutions Smith felt a sixty foot right-of-way was needed a residential district would help slow traffic. He stated arteries and work on designating appropriate right of Smith stated the Commission had to decide on e" necessary. Roach' expanded on her support o which an this institutional zone was being the visibility because kids and cars didn't In response to Andergp , Hohl was sixty feet, but that theJO ,co Motion Passed Motion to Hohl was vacated. amendment cif aed.. She stated ie a sixty foot right-of-way. in trarig�, but that forty feet in .to ex ane Their main traffic is for all t let n Seward. l. its more thanshould be residential nature of the area in cty feet was needed to open up Kenai Peninsula Borough Code 's recommendation for fifty feet. Amend Resolution 2006-19 by adding a new Condition #6 to Section 1. "Vacation of Afognak Avenue be subject to dedication of equal or superior North South access in accordance with Kenai Peninsula Borough Code." Borough Code required superior or equal access when a road In response to Commissioners' questions regarding the need to provide equal or superior access for the other undeveloped right-of-ways being vacated, Hohl stated those were interior access streets unlike Afognak Avenue which had the potential to connect to Dora Way and provide the North -South emergency access route specified in the Comprehensive Plan. Glenz noted currently there were no platted right-of-ways from Afognak Avenue to Dora Way. Glenz clarified required equal or superior access was provided by increasing the right-of-way Im City of Seward, Alaska Planning Commission Minutes September 5 2006 Volume 6, Page 10 3 on Maple Street and Cottonwood Street. She further explained the undeveloped Afognak Avenue right-of-way being vacated by the Commission actually dead ended in the middle of the lot. Hohl noted the Borough required future roads be considered when right-of-ways were dedicated or vacated. She was concerned with the fissures throughout Forest Acres and questioned if the route from the East would remain during an earthquake. Hohl stressed the community needed access on the West side of the property in case of an emergency. Smith validated the concerns regarding what would happens for, future development. He clarified he wanted to see the City commit to expanding the infrastructure in anticipation of future development. Strobel concurred with Smith. Smith wanted to see these access issues upgrade needed infrastructure. Hohl stressed the importance of proactively Clark concurred wits suggestions by the City staff. Hohl agreed and Main Motion Passed As Comprehensive Plan funding plan and route with this plat approval. plat that could include need to be developed right now. ten minute recess starting at 9:15. Council approval of amending the Land Use Plan and -d Long Term Care Facility Subdivision (Preliminary val of Resolution 2006-20 and noted this rezone was supported by the Strategic Plan in regards to the community's health care needs. in response to Hohl, Keil stated the less developable land on this plat wasn't being rezoned as Park because a rezone of this nature could be used for bartering in the future for the Forest Acres Levee. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. City of Seward, Alaska Planning Commission Minutes September S 2006 Volume 6, Page 104 Dale Hoogland, inside City Limits, initially assumed that only the lots North of Cottonwood Street would be rezoned Institutional. He felt the lots South of Cottonwood Street should remain Rural Residential. Hoogland feared the future expansion of the Long Term Care Facility would damage the integrity of the Rural Residential flavor of the neighborhood. He felt the lots South of Cottonwood Street would be accessed via Ash Street which was only a forty foot right-of-way. Tom Shepard, City of Seward Project Engineer, noted that the philosophy of the Greenhouse Project was to bring these homes into residential neighborhoods to create a home atmosphere for the residents during the last part of their lives. He noted the Greenhouse -units resembled first class homes and would add value to the neighborhood. Shepard clarified there was no reason to keep the zoning in this area Rural Residential because the project would be a benefit that complimented the neighborhood. Mark Kneedler, Architects Alaska, explained project then if all the Rural Residential lots were ( No one else requested to be heard and the public Motion (Roach'/Smith) Roach' also had concerns changing once the rezone was in place all Institution life would not be adversely affected for the proposed Greenhouse podct Hohl discussed a,ws sto Assembly requiring a Wa11art'sq App o i d be less density with the proposed as single family homes, 2006-20 Rural ResiWial to Institutional because Hallowed" She noted that the quality of h �a, ; rtiect because of the caliber of the she heard bragdcasted over NPR regarding the Anchorage 1'g reauest in;�le Muldoon Area be subject to certain special Amend Resolution 2006-20 by adding a new Section 3 to the proposed Ordinance stating, "Section 3. The land use designation change and zoning map amendment described in Sections 1 and 2 is subject to the following special limitation: A 100 foot low density residential buffer be maintained along Tract A adjacent to Rural Residential areas." Hohl noted she went on-line and obtained the additional section that Anchorage Code had to allow these special limitations. She believed that Seward City Code didn't specifically disallow placing special limitations on rezones. a City of Seward, Alaska Planning Commission Minutes September 5 2006 Volume 6, Page 10 5 Strobel expressed community concerns with the cost of this project. She spoke in favor of the proposed special limitation. Glenz suggested this issue be addressed during the Conditional Use Permit process during the Special Meeting on September 121h, 2006. Hohl clarified her intent was that the restriction follow the specific piece of property not just the project and stated this was the practice in Anchorage. Her concern was if this project didn't move forward, then other uses allowed outright in the Institutional Zoning District could be built without the Planning and Zoning Commission's review. J,3n Keil spoke in opposition to the amendment. �K Smith supported the amendment because he wanted to insure the pray ; t layout did not deviate from what was proposed. Roach' felt an obligation to protect the citizen} of Seward`,11- She spoke it support of the amendment. Hohl noted future plans may be compatible with the Greenhquse.,concept but not with the neighborhood. �� �� 3 d,y{gyp n. Roach' cited the Co ehensive Plans intent for Ynde,1t`residential housing within City Limits. She also noted th Plan's mtef for this area"o be Rural Residential and stressed the need to protect tln :; °tent. Glenz suggested p i tion dung the Conditional Use Permit process. Ke s i o agr N 'th adminis ation. gmw erson spoke m ositithe amendment. She stated the project already was decimated he Seward I `": Terre Care Facility, and this motion was making the process too Roach' felt the cj ecf designation of Seward Long Term Care Facility could mean anything, she wanted to insure the "homeowners in the neighborhood were protected from any negative impact. Keil stated she heard a distinct lack of trust from the Commission that the Administration would follow through with this project for the benefit of Seward. Roach' clarified that on her part it wasn't a lack of trust, rather it was her experience that sometimes budget constraints changed plans. Strobel noted future plans change and the issue at hand needed to be addressed either during this process or the Conditional Use Permit process. �1 City of Seward, Alaska Planning Commission Minutes September S 2006 Volume 6, Page 10 6 Smith agreed with the importance of the motion, but suggested addressing this issue under the Conditional Use Permit process which would also allow the Commission to develop their thought process and solidify the exact restriction they wanted to impose. Anderson felt this amendment was beyond the scope of what was in the Planning and Zoning Commission's purview. She noted that if a Planning and Zoning Commissioner wanted to speak to Council and propose this limitation then that was their right as a public citizen. Roach' stated the Commission was breaking new example. She requested Hohl withdraw her motion and concern under the Conditional Use Permit Process. Hohl feared that this rezone was in place ( issued. She noted that this was just a recommendati. records to show that this was a concern. Motion to Amend Passed Main Motion Passed as Amended Unfinished Business - N New Business - Discussion and Boards and Coi and Boardwalk° gn InformatiW, the"Conditional ouncil. Hohl wz CJ Anchorage's excellent nission to address this it was never :)mmission's : Roach', Hohl, Clark, Strobel &,Anderson, Smith, Keil regarding the 2007/2008 Legislative be distributed to the Commission. Hohl referred the Commission to her lay down response to administration's response. Keil stated the Ciiy was required to comply with City Code. Roach' noted there have been times where the Boardwalk temporary sign was empty. Anderson had studied the information provided by administration and felt special event temporary signs were allowed under the Code. Hohl agreed special event banners were allowed under the code but disagreed with the use of the new temporary sign with removable letters and felt this should be classified as a reader board sign under Seward City Code. 52 City of Seward, Alaska Planning Commission Minutes September S 2006 Volume 6, Page 10 7 After discussion, the Commission agreed to expand their work session on September 19`h after the Special Meeting to include other signs in the Sign Code. Special Meeting September 12, 2006 Hohl requested a quorum be verified. Glenz reported that five Commissioners had confirmed their attendance and there could be six if Council appointed a citizen to fill the vacated seat, providing Person was able to attend. Keil noted a quorum was quiried at the Long Term 'Care Facihty CUP work session on August 15, 2006. Community Values Meeting Smith stated that it was important to not just sl Commission was organized and some forethought and p: session should be held prior to the comrito.M.ty meeting. Williams suggested the communit compiled by the VISTA community surveys: Anderson sugge After Commisss7 meeting in order to utili Wax ses h JAI pz noted si Commiss%c re us an item brough orwan a. After Comrr Session's after any Spy Meeting was set, then.;l by meeting, but td"" make sure the had been done. He noted a work be cplimented by utilizing data meeting in October. Commission's desire to postpone the IF the Special Meeting on September 19`h based on a Special Meeting in lieu of a Work Session if there was discussion, Keil expressed the Commission's wishes to hold Work fleeting that was set for the Third Tuesday of the month. If no Special would remain Work Sessions. Keil stated there would be a Work Session following the September 19`h Special Meeting and the title would be, "Review of Political Signs and Other Signs in the Seward City Code." Informational Items and Reports- (No action required) Notice of September 19, 2006 Special Meeting ��2 City of Seward, Alaska Planning Commission Minutes September 5 2006 Volume 6, Page 10 8 Commission Comments Anderson wished Strobel well and stated it was a pleasure serving with her on the Commission. Hohl concurred with Anderson's comments and stated the Administration could cancel her subscription to APA since she received the publication through her service with the Kenai Peninsula Borough. ' =a Strobel stated she had enjoyed her last year serving on the for their support and stated she depended on the Commission to Smith thanked Strobel for her service. Roach' welcomed the new Planner Scott Roach' noted that the rezone in Forest Acres was the limited tax base within Seward. Keil noted her enjoyment with having Strobel on the Citizens' Comments — Polly Egger, inside Commissions and Administration Response to Adjournment Meeting Christy Te Executive (City Seal) pm ssion. Comments — None. Marianna Keil Chair 5A