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Home My WebLink About10042007 Planning & Zoning PacketSeward Planning & Zoning Commission lar Meetin Marianna Keil Chair Term Expires 02/10 Tom Smith Vice-Chair Term Expires 02/10 A. .Pledge of Allegiance Margaret Anderson Commissioner Term Expires 02/09 Kevin Clark Commissioner Term Expires 02/09 Vacant Commissioner Term Expires 02/08 Sandie Roach' Commissioner Term Expires 02/10 Bob Hicks Commissioner Term Expires 02/08 Phillip Oates City Manager Malcolm Brown Planner Donna Glenz Planning Assistant Anne Bailey Executive Liaison L Call to Order 2. Opening Ceremony 3. Roll Call 4. Special Reports & Presentations A. City Administration Report 1. Reported Violations, Interpretation and Abatement B. Other Reports, Announcements & Presentations 1. KPB Planning Commission Report -Tom Smith 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 i Agenda.] j Planning & Zoning Commission October 4, 2007 Regular Meeting Agenda Page 1 7. Public Hearings Limit comments to S minutes. Those who have signed in will be given the first opportunity to speak) A. Unfinished Business Items requiring a Public Hearing -None B. New Business Items requiring a Public Hearing -None 8. Unfinished Business -None 9. New Business - A. Resolution 2007-17 granting a six (6} month extension to Conditional Use Permit No. 2007-03, issued to Tom & Lori Swann for the development of an 11- room hotel at 504 Adams Street ................................................................ Page 3 * B. Approve September 4, 2007 Regular Meeting Minutes .............................. Page 20 10. Informational Items and Reports (No action required) - A. Special meeting notice for October 16, 2007, 6:30. pm ............................... Page 29 11. Commission Comments 12. Citizens' Comments jLimit to S minutes per individual -Each individual has one opportunity to speak) 13. Commissions and Administration Response to Citizens' Comments 14. Adjournment Planning & Zoning Commission Regular Meeting Agenda October 4, 2007 Page 2 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2007-17 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A SIX MONTH EXTENSION TO CONDITIONAL USE PERMIT NO. 2007-03, ISSUED TO TOM & LORI SWANK FOR THE DEVELOPMENT OF AN 11-ROOM HOTEL AT 504 ADAMS STREET LOCATED IN A CENTRAL BUSINESS ZONING DISTRICT (CBD) WHEREAS, on April S, 2007 the Planning and Zoning Commission approved Resolution 2007-OS granting a Conditional Use Permit (CUP) to Tom and Lori Swann for the development of an 11 room hotel at S04 Adams Street; and WHEREAS, the Seward Zoning Code (SCC) §15.10.320.G(1) stipulates an approved CUP lapses six (6) months after approval if no building permit is procured or if the allowed use is not initiated; and WHEREAS, (SCC) § 15.10.320.G(2) states the Commission may grant time extensions not to exceed six (6) months each upon a finding that circumstances have not changed sufficiently to warrant a reconsideration of the approval of the CUP; and WHEREAS, On September 4, 2007, Tom and Lori Swann requested a six month extension for CUP 2007-03, stating within the request there had been no changes to the original plan. NOW, THEREFORE, BE IT RESOLVED by the Sewazd Planning and Zoning Commission that: Section 1. Circumstances have not changed sufficiently to warrant reconsideration of the Conditional Use Permit issued to Tom and Lori Swann on Apri15, 2007 to develop an 11 room hotel. Section 2. Conditional Use Permit number 2007-03, issued to Tom and Lori Swann on April S, 2007 is hereby extended until April S, 2008. Section 3. This resolution shall take effect immediately upon its adoption. Seward Planning and Zoning Commission Resolution 2007-17 Page 2 of 2 PASSED AND APPROVED by the Seward Planning and Zoning Commission this 4'" day of October 2007. THE CITY OF SEWARD Marianna Keil, Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Jean Lewis, City Clerk (City Seal) P&Z Agenda Statement Meeting Date: October 4, 2007 Through: Phillip Oates, City Manager From: Donna Glenz, Planning Assistant Agenda Item: Request by Tom & Lori Swann for a Six Month Extension of Conditional Use Permit 2007-03 BACKGROUND & JUSTIFICATION: On September 4, 2007, Tom and Lori Swann submitted a request for a time extension of Conditional Use Permit 2007-03. This request for an extension was submitted prior to the expiration of the permit. Tom and Lori Swarm's plans to expand the facility at 504 Adams Street have not changed. Seward City Code § 15.10.320.G(1) stipulates an approved Conditional Use Permit lapses six (6) months after approval if no building permit is procured or if the allowed use is not initiated Conditional Use Permit 2007-03, issued to Tom and Lori Swann lapses on October 15, 2007, which is six (6) months after the original Conditional Use Permit was granted. Sewazd City Code § 15.10.320.G(2) states the Commission may grant time extensions not to exceed six (6) months each upon a finding that circumstances have not changed sufficiently to warrant a reconsideration of the approval of the CUP. Tom and Lori Swann have stated in the written extension request that no changes have occurred ar are planned. Construction plans are scheduled to be completed in the spring of 2008. CONSISTENCY CHECKLIST: Yes No Comprehensive Plan Strategic Plan Not applicable X RECOMMENDATION: Staff recommends approval of Resolution 2007-17, granting Tom and Lori Swann a six month extension to Conditional Use Permit 2007-03. 5 • • Sewazd Planning & Zoning Commission City of Seward PO Box 167 Sewazd, Alaska 99664 RE: I am requesting an extension to Conditional Use Permit N0.2007-03. Deaz Commissioners, The plans. to expand our facility at 504 Adams Street have not changed in anyway. The time table to begin construction has not changed. We aze still expecting to break ground at the end of the 2008 tourist season. Construction plans have not been completed and aze not expected to be completed until spring of 2008. As such we will not be in a position to pull building permits for this project until that time. The current CUP will laps on October 15~' 2007 without a six month extension which we aze requesting at this time. We hope this request meets with your approval. Sincerely, Tom & Lori Swann 504 Adams Street Sewazd, Alaska 99664 2007-001126-0 ~~~i~I~~iN~;~~I~VA'YINI~~~~G~~II@~~~~~~~~M~~i~Ui~~l~~~l~~~ SEWARD PLANNING & ZONING COMMISSION CONDITIONAL USE PERMIT N0.2007-03 ISSUED TO: Tom and Lori Swann A Swan Nest Inn. P.O. Box 905 Seward, AK 99664 EFFECTIVE DATE: Apri115, 2007 LOCATION: E2/3 of Lots 21-23 & E2/3 of S 1/2 of Lot 24, Block 17, Original Townsite of Seward, 504 Adams Street This Conditional Use Permit is granted by the S ewazd Planning and Zoning Commission to Tom and Lori Swann to develop an 1 i -room hotel at 504 Adams Street, in the Central Business District (CBD) subject to the following conditions: 1. Refuse location to be approved by City Staff and may require screening. 2. The property will be replatted in compliance with SCC' 12.01.030. 3. Modification of final approval of a conditional use permit may, upon application by the permitee, 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, or B. To implement a different development plan conforming to the standards for its approval, or C. The modification plan shall be subject to a public hearing and a filling fee set by City Council Resolution. An approved conditional use permit lapses six (6) months after approval if no building permit is procured or if the allowed use is not initiated. The Seward Planning and Zoning Commission may grant time extensions not to exceed six (6) months each upon a finding that circumstances have nat changed sufficiently to warrant reconsideration of the approval of the conditional use permit. A request for an extension must be submitted prior to the expiration of the permit. A public hearing Conditional Use Permit 2007-03 Page 2 shall not be required prior to granting an extension of time (SCC' 15.10.320.G). Failure to adhere to all the conditions of this permit may result in revocation of the. permit and ,possible civil and criminal penalties. PASSED AND APPROVED by Seward Planning and Zoning Commission Resolution No.2007-05. THE CITY OF SEWARD, ALASKA By: onna Glenz Planning Assistant RETURN TO: Planning Office City of Seward P.O..Boa 167 Seward, AK 99664 8 ~i~iWgm~muui~uiq Sponsored by: Swann CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2007-05 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A CONDITIONAL USE PERMIT TO TOM & LORI SWANN FOR THE DEVELOPMENT OF AN 11-ROOM HOTEL AT 504 ADAMS STREET LOCATED IN A CENTRAL BUSIlYESS ZONING DISTRICT (CBD) WHEREAS, the applicant has properly applied for a conditional use permit to develop an 11-Roam hotel at 504 Adams Street in the historic Odd Fellows Hall; and WHEREAS, the current use is as asingle-family dwelling with five rooms operated as a Bed and Breakfast; and WHEREAS, the building is located in the Central Business zoning district and a hotel is an allowed use with a conditional use permit; and WHEREAS, the facility is proposed to offer an (11) eleven-room visitor accommodation and the eventual re-opening of the ballroom, conference space and .manager's living space; and WHEREAS, access to the facility will be from Adams Street and/or the alleyway to the east of the building, the building currently receives public utilities; and WHEREAS, no on-site parking is required in the Central Business zoning district, however, the applicant proposes to supply eleven parking spaces (ten regular & one ADA) for guests and residents; and WHEREAS, having complied with the public notification process; on April 5th, 2007, the Seward Planning and Zoning Commission held the required public hearing on the Conditional Use Permit application. NOW, THEREFORE, BE TT RESOLVED by the Seward Planning and Zoning Commission that: Section i. According to SCC 15.10.320.D_ the Commission shall establish findings that the use satisfies the following criteria prior to granting a conditional use permit: A. Is the use consistent with the purpose of this chapter (the Seward Zoning Code) and the purposes of the yc-ning district? Finding: Yes. The property is zoned central business district and a hotel is an q Seward Planning and Zoning Commission Resolution 2007-OS Page 2 of 3 allowed use with a conditional use approval in this district according to the Table of Allowed Uses SCC 15.10.225. B. Will the value of adjoining property will be sign~cantly impaired? Finding: No. There is no evidence that the development, as it is proposed, will impair the value of adjoining properties or rights-of--way and no negative public comment has been received from neighboring property owners. C. Will the proposed use be in harmony with the Seward Comprehensive Plan? Finding: Yes. The Commission has determined that the proposal is in harmony with the Seward 2020 Comprehensive Plan (2005) and Strategic Plan (1999) by augmenting existing visitor accommodations and providing conferencing and public functions space which supports the tourism industry as well as local recreational and civic opportunities; D. Are public services and facilities adequate to serve the proposed use? Finding: Yes. Water, sewer, and power are currently serving the property and fire, police and solid waste disposal services are available and deemed adequate; E. Wll the proposed use be harmful to the public safety, health or welfare. Finding: No, There is no evidence that the development and operation of the hotel, as proposed, would be harmful to the public's safety, health and welfare. Close walking proximity to the downtown commercial district makes the hotel location beneficial to visitor circulation supporting the downtown business district; F. Any and all specific conditions deemed necessary by the commission to fu ill the above-mentioned conditions 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 Based on the above findings and conclusions, approval of the CUP shall be subject to the following conditions: 1. Refuse location to be approved by City Staff and may require screening. 2. The property will be replatted in compliance with SCC § 12.01.030. Section 2. Modification of final approval of a conditional use permit may, upon application by the permittee, 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, or ~~ Seward Planning and Zoning Commission , Resolution 2007-OS Page 3 of 3 b. To implement. a different development plan conforming to the standards for its approval, or c. The modification plan shall be subject to a public hearing and a filing fee set by City Council Resolution. Section 3. The Planning and Zoning Commission finds that the proposed use subject to conditions, if imposed, and based on the application and supporting materials, satisfies the criteria for granting a Conditional Use Permit and provided the development is consistent with the application proposal and all applicable laws, approves the development and operation of an eleven (11) eleven-room hotel at 504 Adams Street; Section 4. The Planning and Zoning Commission finds that adherence to the conditions, if imposed, 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 that the use conforms to the standards of its approval. Section 5. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 5th day of Aprii, 2007. THE CITY OF SEWARD 'anna Keil, Chair` AYES: Anderson, Clark, Hotel, Keil, Roach', Smith NOES: None ABSENT: Hicks ABSTAIN: None ATTEST: (city ~y~atii«ete ~. a~~ ~`~ Ga~~ct~r~..Q ~°,ooi •®» ~- O : e • ~; o ~ • ~"~" i a ~~00 ~~~L~v~F ,~;1Q~~~~t.~"~` 4yai1 ~~fi1;i'4~'~ n L' v Jean ewis, City Jerk h h ~tiN o f s~Aa~...--~~ ~'" ~~ 6 204 ',~ ~~ CITY OF SEWARD NN~NG ~Fi~E MMUNITY DEVELOPMENT OFFICE P~-A P.O. Box 167 • Seward, Alaska 99664 t907~ 224-4048 CONDITIONAL USE PERMIT APPLICATION This completed application is to be submitted to the Community Development Department no 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 sealed site and elevation plans for undeveloaed land. APPLICANT INFORMATION Applicant: To.vt .F- (.,o ~ ~ ~ ~ $N/Y Address:_ Pv Bok qoS ~,9i(' V Telephone No.: ~2Y- 3oSta Property Owner (if other than applicant): Address: _ sg„,, ~ Telephone No.: PROPERTY DESCRIPTION Address: _ 5 Dy A,Q,,,,~s ~( Lot Size: 700 U tacres/b~) F ~3 ~ l..fs 11'33 t EZ/3.~ s~/t ~ lad Zy Lot Block ~-Subdivision ___ OTS Tax Parcel No. /y -~- o0 Land Use Plan Designation: Zoning Designation: GT3 DEVELOPMENT PROPOSAL INFORMATION -s -s A. What structures are located on the property? Or;4,N„1 1 DD L $u.,1oD~,,,4 B. What is the existing use of the property? ~ ~ 3 f ~~s, oQ~c +c.- C. What is the proposed use of the property~~ ~Co-u#~,~,~ /uoow, 1 Jc,~/~,Trn~ t,~~ jl-j,,, $A ~~ ~ ~ T ~groc~ l1 SP~ee uf~ S~e~Pan~,~ 1 ~ Ct.~x D. What is your development time schedule? ~ y~p,~ • ~- /'~Aw~.'~r p~ . CUP PERMrr 11!99 1 of 3 ~~ h. h E. Prior to the Seward Planning and Zoning Commission granting a Conditional^Use't?'~fmit :....~ (CUP), it shall be established that the use satisfies the following conditions (SG~~'~'1~ 15.10.320): -~ .., +a~.,j The applicant hereby alleges that: 1. The use is consistent with the purpose of the Seward Zoning Coi1e anal the'purppses of the zoning district: ~~ Sc>: ~4~~c .~ 2. The.value of the adjoining property will not be significantly impaired: 3. The proposed use is in harmony with the Seward Comprehensive Plan: 4. Public services and facilities are adequate to serve the proposed use: S~~ ~~~~~ 5. The proposed use will/knot be harmful to the public safety, health or welfare: S'GC, ~~/ ryY~ Cam' ,~. 5 ' Any and all specific conditions deemed necessary by the commission to fulfill the above- .... ,r~lentior~ed conditions shalt ~e met by the.applicanX. 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. CUP PERMIT 11/99 Z Of 3 . ~3 F h 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: (fit) Owner of record; ( ) Lessee; ( ! ~ Contract Purchaser; () Authorized to act for a person who has the following legal interest: I also understand that this item will he 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. Applicant's Signature: ~~~,~~ _ Property Owner's Signature J~~,,,_~~~~ _..,, _ ___ 4 5 CUP PERMIT 11/89 3 of 3 Y~ Enclosed: Fee: S250 ( ) Site Plan ( ) Elevation Plans ( ) Location Map ( ) -Other ( ) 1) The use is consistent with the purpose of the Seward Zoning Code and the purpose of the Zoning District: A Swan Nest Inn which is located in the original IOOF building (originally completed in 1~i$) is located in the Central Business zoning district and with in the Historic Overlay plan. Re-establishing the original use of the first floor as a ballroom to be used for civic events, plays, weddings, conferences and private parties is allowed outright under several descriptions i.e.: auditoriums, theater, community/civic center, and clubs. Currently the Innis operated as a B&B with in a private residence. With the completion of this project the Inn will be a true hotel meeting all codes far a commercial facility. The new facility will better meet the purpose of the zoning. The hotel portion of the project requires a ~-ornlitionai i~se Permit. ThE -hotel and ballroom portions of this project fit well with the other development planned for the area i.e. the Mary Lowell Center. 2) The value of the adjoining property will not be significantly impaired: Since we took ownership of the IOOF building 6 years ago the Library to the south, Ray Building to the west and the Lindsey property to the east have all completed up-grades. We have completed exterior renovation only on the south side of the Building. This project will bring the other three sides of the building up to the standards set by our neighbors. This building will definitely help improve the local property values. 3) The proposed use is in harmony with the Seward Comprehensive Plan: This project enhances the comprehensive plan in several ways. From a community values perspective it adds to the small town feel and historic appearance by completing the renovation of one of the historic buildings in the downtown district. From a Quality sf Life perspective the project reestablishes this historic venue for social and civic events adding to the sense of community. From the economic development side we will be increasing the number of rooms with in walking distance of the town's central business district with its shops and restaurants. Furthermore, activities in the balkoom will also bring more peopi~ ~ fire xlovvntxYVVn area. Most important the project ties in with the Cities plan to improve shoulder season tourism by increasing conference capabilities. 4) Public services and facilities are adequate to serve the proposed use: Even though regulation 15.10.215 of the Planning and Land Use Regulations exempts Businesses in the CB district from the requirement of providing off street parking, we are providing off street parking for one handicap space, 8 standard spaces and two additional standard spaces for residential/managers use or a total of 11 spaces. Because A Swan Nest Inn is located with in walking distance of the town center, the .Sea Life Center and other attraction we attract visitors that do not bring vehicles. `~ This is my 6th year in the hospitality business and during that time only about 50 -60% of my customers arrive by vehicle. The other 40-50 % of my guest arrive in Seward by ship, train or bus and do not utilize pazking. In the very rare circumstance that more then 9 guest spaces would be needed, there would be plenty of parking on the street because none of my neighboring businesses provide late night or overnight services. .Access by police, fire, and ambulance are all adequate. Access to water, sewer, electric and fuel are all adequate. 5) The proposed use will not be harmful to the public safety, health and welfare: Restoring historic buildings in the downtown area is very difficult financially because of the sever deterioration of most of these oid properties along with the additional cost of ADA compliance. Ours is no exception, it used to be one of the biggest eye sores in the Seward downtown azea. It is a rare day that someone does not compliment us on how nice the building looks in its current state. Restoring the first floor to its-originai use as a baliroam with a stage wiii be even more financiaiiy diffieuit. To accomplish this we will be adding restrooms, catering facilities, elevator and storage areas external of the existing building. This is necessary to meet current codes and keep the integrity of the original ballroom. It will take every effort on our part as well as community support to make this project a reality. Maximizing the number of guest rooms on the second floor is essential to the viability of this project. The City Commissions have met to determine ways to help save historic downtown building. Granting this Conditional use permit with 11 off street parking places will significantly help in the rEStoration of this building. ~',, ~~ 1 j i' i~ '; ,. \ 1~~ ~~i~f `!i J~ ~i; i~ ~I if `,\ , `.,\~\\. '~:' .;~ ~`' ~~~\~ ~A~~~~~,A~ ~; , ~1 ~ `, ~~,~\~A'a ~ ~,',~, ~ `~\. V~V~ ~~ \\ ~ ~~~` .~ ~\ \;~r ,~,< ~,~ `~~i'~,A1 ~ v. ,, ,~ ~ `` ~~~~ ~~v~,~1vi ~~ v'. ~~• i ~V`\~V~,~ ~~ ~ ,t ~~` \ ``,` ,~, ~ ~ ~ ` \+'~ ~\ .~\ V ~ V ` ~~ 105'-0" b ASBUILT'~•-" "-"-••-~'ASBUILT-"-"-"- AS BUILT `-' :y ASWAN NEST 1NN I ~ FUEL OIL TANK 0° 4 ;-INTERIOR CONCRETE 504 ADAMS STREET I r y,~ VAULT L~ J SEWARD, AK 99664 ~, C TOM SWANN 224-3080 ~ ~ t~ 'D N I~ C a .rl ` D o ~ .A ~ 1- ~ -AS BUILT- ~ ~ - .. - .. _AS BUILT_ . .. - . AS BUILT . - . . ~ ~ 1 ~ A ,~ ~I ~ ~~ _, ~ -.,_ _ ? f ' ~~, -I O I, . i ~ I ~_ g~_g" _.: 1 1 1 I ~ TYPICAL PARKING 1 I I i m I ~ ~ - - I I n I I ~ ' I I 1 I N t I r 1 2 3 ~ 4 5 ~ 6 7 8 9 10 i I I I 1 I 1 ALLEY - 10'-0" iv ~` I LP TANK ,:'RECESSED CLOSE' I o ~ 11 j W 80' clTV of sEVUnRo MA PLANMINt3 OFFICE Lor 3o S89 57'07"W LOT ?9 99.75' NOTE: Overh eod Utility Lines to W 1/3 Lot 23 cross this parcel- - ~ - ~ - N 1/2 LOT 24 O I TuN J~~ oN ~ E ~~ ~1 2 ~_LOT 2~ ~ cV 0 6' ' I . ~ 32. B 1I~ ~ ane U ~ ~ ~ Tmk ~o ~ ~ E 2/3 LOT 23 ~~ A ~ S ~ O O r 1 ~ y ~I~ W ~ Z ~ G . ~ 1~~ti~ ~ E 2/3 LOT 2 ~ ^ ~ r° ~ ^ a p 1. rv s ~ ~ ~ 3 -~ 9a0 y Covered area mss' J 0. m i o between buildings Sr ~ crosses property line E2/3LOT21 Qi v 1I~ ~1 0~ Covered fntries O ~ ' I ~ 33.29 o.s' . , r 3s ' ' ~. _ Btdg. wall on 66.57' R o. w. Line ~~ N89 59'15 W N07Z.• Footings 0.2' info R.O.W. ADAMS ST. O 0 co Basis of Bearing Plat 2005-25 S89 59'15"E 279.77' ' ff}N car ~ ~ ~' LOT 1 LOT 40 BLK 8 BLK 9 ~~~~~~A~~~, ~'P-~E.OF.......-.!~,~ cERnFtca noN ~ ~~~ ~..,. t _- W ~~. ~ .. •.1,.........°ti.....~ r ~ Wm. • Nich olas••Cl ine •° ~•~ this survey was accomplished in accordance with ASPLS standards /or mortgage location surveys. >his drawing represents the conditions of the dale of survey and is limited to visible improvements. It does not constitute o boundary sur~y, and is subject to any inaccuracies that a subsequent boundary survey may disclose. It should not be used used to establish any lence.~ structures or other knprovements. Any easements, restrictions or burloYng setbacks not mown on the record ~doeuments noted hereon ore not included in this survey. DAIS OF SURt~Y.• 03/05/2007 0 20 40 RECORD OOCUA/ENIS• Plat Number 1, Seward Recording District GRAPHIC SCALE ~~ Deed of Trust, Bk 111, Pg 270 S.R.D. -LOT 30 LOT 29 W J J Q _~-~_: Fence & Deck on N 1/2 Lot 24 - 33.27' 89 58 51 E 66.54 LEGEND Found Rebor & Pl. Cop LS 7569 AS-BUILT SURVEY THE EAST 2/3 OF LOTS 21-23 ANO 7Hf EAST 2/3 OF 1HE SOUTH 1/2 OF LOT 24 BLOCK 17, SEWARD ORIGINAL TOWNSITE CLINE & ASSOCIATES P.O. BOX 2703 SEWARD, ALASKA 99664 9a7-224-7324 FIELD BOOK: 07-04 DA7E• 03/10/07 DWG: 07-OBA SCALE.• 1 "=20' 33.1' ~, ._~ PlF „ ---- , ~ ~ 4 ~ ~ ~ o O ~ _~ f i 20' I • NOIE• Sign & portion of Conc. footer in R. D. W. City of Seward, Alaska Planning Commission Minutes September 4, 2007 Volume 6, Page 150 Call to order The September 4, 2007 Regulaz Meeting of the Sewazd 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 Tom Smith Sandie Roach' Mazgazet Anderson Kevin Clark Bob Hicks comprising a quorum of the Commission; and Donna Glenz, Planning Assistant Tom Shepard, Project Manager Anne Bailey, Executive Liaison City Administration Report Planning Assistant reported on the following items: • A Coal Task Force. Meeting would be held on September 5, 2007 at 1:00 p.m. • A Budget Task Force Meeting would be held on September 6, 2007 at 11:30 a.m. • A City Council Budget Work Session would be held on September 10, 2007 before the Council Meeting at 6:00 p.m. • The Kenai Borough Planning Commission would be meeting at the Ray Building on September 10, 2007. The Platting Commission would begin at 6:30 p.m. and the " Planning Commission at 7:30 p.m. • A library/museum steering committee meeting would on September 13, 2007 at 11:30 a.m. - • Monday, September 17, 2007 was Meet the Candidates Night in the Council Chambers and would be televised. • An Economic Forum would be held September 19, 2007 from 6:00-8:00 p.m. at the Seward High School. Glenz explained the objective of the forum and stated that the Commissioners. were welcome to attend. • On Monday, September 24, 2007 before the Council Meeting a Council Work Session would be held to discuss the Nash Road Bench Area, including the SMIC 2C~ City of Seward, Alaska Planning Commission Minutes September 9, 2007 Volume 6 Page 151 area. • Glenz reminded the Commissioners that the October Planning and Zoning Meeting would be held on Thursday, October 4, 2007 rather than Tuesday due to elections. P & Z Commission (Legislative division) Budget Presentation- Kris Erchinger Finance Director Kris Erchinger passed out an additional lay down explaining that this was a breakdown of the items included in the legislative division. Erchinger stated that the Legislative Division was where the costs of the Boards and Commissions were accounted and she continued to .explain what was included and allocated. Erchinger stated that in regards to Planning and Zoning, this yeaz's budget was similaz to last yeazs and she explained the 2008. proposed budget and how it broke down for stafftime. She stated that the reason this was brought before the Commission was to make sure that items were not overlooked and would allow the Commission to provide their input. She further explained the Planning and Zoning line items individually and stressed that there was money available and allocated for training and education. She encouraged the Commissioners to consider training opportunities they would like to attend and to consider bringing people to Seward to train the Boazds and Commissions. Erchinger further discussed the budget, mentioned the Community Development Department staffing issues and asked if anyone had any questions. In response to Hicks, Erchinger stated the Planning and Zoning attorney fees were allocated in the. Legal Department and within that department items were broken down into the issues and amount spent. In response to Roach', Erchinger stated that funds for enforcement are in the Community Development budget under contracted services and the difficulty was how to deal with compliance issues without a compliance officer. She explained how they have dealt with this in the past and the issue of limited resources. Erchinger stated that the money available was primarily intended for maintaining the GIS and additional monies had not been added for code enforcement. .City Manager Phillip Oates interjected that code enforcement begins with having the right code and that the current code had many inconsistencies. He expressed that the City was fortunate to have a Planning and Zoning Commissioner help straighten out the code and make it more enforceable. He continued that the challenge was finding individuals to find the violations and to have a good code to make people comply without going to a legal extent. Smith stated that the biggest problem with enforcement was the process the City took to enforce the issue and that it would be more effective if it was a civil penalty. Smith asked if there was money in the budget for a planner. Erchinger explained how the salary money was distributed amongst the Community Development employees. She stated that one of Council's priorities was staffing the Community Development Department. In response to Keil, Erchinger stated that the variance in the 200? and 2008 in personal salaries was due to an allocation issue and included the temporary planner hours and could get more 2t City of Seward, Alaska Planning Commission Minutes September 4, 2007 Volume 6, Page 152 information to the Commission at a later date. Anderson commented on code enforcement and that the City had made progress in some areas and but should focus on something that was enforceable. Keil concurred with Anderson. Anderson stated that it was important to have a full time planner here all the time and that the issues needed to be addressed on an on-going basis. She continued 'that she was interested in continuity and progress. Erchinger stated that this problem had gone on for years and hopefully would be addressed soon. Keil stated that the Commission had a meeting with the flood boazd and that'the Commission would like to stress bed load removal as a budget item. Erchinger replied that the City needed to identify a specific source of revenue that would pay for bed loading. Anderson commented that the Community Development Budget was not big enough and that the issue of personnel should be addressed. Commission discussed house addressing issues. Anderson expressed that she was pleased with the Bear Safe issue and the town's appearance. Keil stated that some issues may be contentious but the Commission should not be afraid to go after the tough issues. In response to Clazk, Erchinger stated that the Clerk's office was good at collecting taxes from renters and enforcing business license codes. Other Reports, Announcements & Presentations- KPB Planning Commission Report -Tom Smith Smith passed out a lay down for the Commission to review and stated that the next Borough Planning Meeting would be in Seward on September 10, 2007 in the Ray Building. He discussed the topics that affected the Sewazd azea. Citizens' Comments on Any Subject except Those Items Scheduled For Public Hearing-None Lynn Hohl, inside City Limits, stated that she did not understand why the Flood Service Area Board was not doing their intended purpose because they had the power to take over some of ZZ City of Seward, Alaska Planning Commission Minutes September 4, 2007 Volume 6, Page 153 these issues. She continued that the citizens in City Limits were paying the majority of the funds but the City was hampered and could not use the funds for City projects. She stated that this was something that should be worked on. Hohl commented on the numbers on houses and explained a situation where numbers would have been helpful. She stated that the PTSA would be happy to work with the Fire Department on this issue. Oates agreed with the Commission for the need of a full time planner and a lazger budget. He continued to discuss the war and that the Planning staff was short staffed because one of the members had been sent to waz and that should be recognized. Approval of Agenda and Consent Agenda - Motion (Anderson/Smith) Approve the Agenda.. and the Consent Agenda Motion Passed Unanimous Consent The following items were approved under the Consent Agenda: August 7, 2007 Regular Meeting Minutes Unfinished Business Items requiring a Public Hearing- None New Business Items requiring a Public Hearing Resolution 2007-15 recommending Kenai Peninsula Borough approval of the preliminary plat of Tracts A-1, B, C, & D, Seward Long Term Care Facility Subdivision, vacation of a portion of 10' utility easement, a subdivision of Tract A & the remaining portion of U.S.S. 1864 (plat #2004-3) Glenz introduced Project Manager Tom Shepazd who had worked directly with the Borough on this replat. She stated that Shepazd and Oates would address the overview of Resolution 2007-15. Project Manager Tom Shepard stated that he was blessed with a third opportunity to come before them with the Long Term Caze Facility project. He gave the Commission a brief history of what has transpired over the last yeaz. He highlighted the October 2006 Flood, the Japanese Creek Levee situation and bed loading. Shepard stated that City Council through Resolution 2007-60 decided to relocate the Long Term Care Facility Site and enter into a purchase agreement with the Griswolds. He explained that this property had not experienced any historic flooding, it was not in a mapped flood area, not considered a flood hazazd area, was close to evacuation centers, had good soil and the utilities were adjacent or close by. He explained the access route to the facility and stated that City Council through Resolution 2007-75 adopted the Oak Street and the Oak Street extension as the primary access point into the facility. He described the specifics of the plat and stated that they worked closely with the Kenai Borough and that this plat was similaz to the Middle School plat completed in 2004. Shepard stated that Staff recommended that the plat be approved. 23 City of Seward Alaska Planning Commission Minutes September 4, 2007 Volume 6, Page 154 In response to Keil, Shepazd stated that the utilities along Hemlock were not addressed at this time because the utilities to serve the plat would be utilized elsewhere. He continued that as Tracts C and D were developed the utility issue would need to be addressed. Roach' discussed the proposed findings of facts for the Kenai Peninsula Borough exceptions. In response to Roach's questions, Shepazd statedthatthe cul-de-sac would be used for public and emergency access and explained the Borough Code exceptions. In response to Smith, Shepard referred to the zoning maps and stated that the issue of zoning would be clarified in the next resolution. Keil commented that it was nice that the surrounding trail was maintained. Oates stated that the project was specifically designed to avoid the trail. Roach' wondered if the Oak Street Extension was used as a public road and its purpose. Oates addressed the other possibilities of development. In response to Roach', Oates statedthat a cul-de-sac at the end of the Oak Street right of way would complicate development. He stated that part of the challenge was not knowing how the property owners wanted to develop Tracts B and C. Shepazd discussed the Gateway subdivision and the Comprehensive plan. Oates referred to Commissioner Smith's comment stating that they saw value in keeping the Institutional zoning together and discussed the linkage of educating children and taking care of those growing old at the same time. Keil clarified that when the Griswolds decided to develop their property the access of Hemlock Street. be considered. Keil stated that there was a lot of potential housing in the undeveloped areas and access needed to be looked at. Oates agreed and said that this had been looked into. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Peggy Ventura, inside City Limits, expressed her concern of developing the Hemlock right of way and asked what was going to stop changing the zoning of the surrounding area. She stated that maybe she purchased property on the worst street in the world. She hoped the Commission would consider how the development would affect the neighborhood and that she believed the area would remain residential. She asked the Commission to consider those who lived there. 2y City of Seward, Alaska Planning Commission Minutes September 4, 2007 Volume 6, Page 155 Lynn Hohl, inside City Limits, stated she appreciated the administration comments and wanted to discuss the issue of access. She stated she would like to see the subdivision development occur without impacting the schools. She voiced her disappointment that a corner of the school site was used for the Long Term Facility access. She appreciated the explanation on how future development maybe and stated that they. would need a cul-de-sac at the end of Oak Street. She stated that an exception may be required because the Borough does require a 50' cul-de-sac and she quoted coded 20.20.090 explaining what would be required. Motion (Hicks/Anderson) Approve Resolution 2007-15 Roach' stated that she still wanted to clean up the language with the Kenai Peninsula Borough exceptions and asked why this was not referred to in the Resolution. Shepazd stated that this pointed out the Borough exceptions and not City of Sewazd exceptions and this was for the Commissions information. Roach' discussed her concerns with a cul-de-sac ending on the property. Keil interjected that the Long Term Care Facility was a publicly owned facility. Roach' stated she thought the cul-de-sac was .important. She stated that she was strongly against the proposed cul-de-sac and thought it should be outside the property. Smith stated that the Kenai Peninsula Borough would go along with what they suggested as long as they followed the codes. Hicks. liked the idea of having the cul-de-sac on the property until he heard about the possibility of having kids come in there at two in the morning but he liked the idea of integrating the. cul-de-sac into the community. Roach' asked if the Commission be agreeable to have the cul-de-sac and an alternative way for the public to turn azound. Keil stated that she did not see how this could be incorporated into this. Clark stated that kids may hang out in the cul-de-sac but they would be visible. Roach' stated that she used the idea of the kids as an image. She agreed that the cul-de-sac was a good idea but she would like an alternative route. Shepazd explained that having a cul-de-sac in Tracts B and C would change the dynamic of how the undeveloped property would be used and he wanted the Commission to consider the long term plan of the property. ~~ Ciry of Seward Alaska Planning Commission Minutes September 4, 2007 Volume 6, Page 156 Anderson said that she liked the way Oak Street was angled and future development would determine how the road would be developed. She stated that this was not a problem with her. Smith agreed with Commissioner Anderson and stated that for future development they should leave all the options available. Clazk stated that he would be comfortable accessing the Long Term Caze Facility. Roach' stated that she would like to clean up the requested Kenai Peninsula Borough exceptions and stated that she thought there should be two sentences. Keil commented that the area north of Hemlock was currently a quiet azea and that the Long Term Care Facility would have less impact than future development. She hoped other access points including Hemlock would be investigated. Motion Passed Unanimous Resolution 2007-16 recommending City Council approval. of amending the Land Use Plan and rezoning of Tract D, of the U.S.S. 1864, Seward Long Term Care Facility Subdivision (Preliminary Plat) and rezoning the north portion of Tract A-1, U.S.S. 1864, KPB Replat from Single Family (Rl) to Institutional (INS) Commission recessed from 8:54 p.m. to 9:00 p.m. Glenn explained Resolution 2007-16. She referred to the current zoning map and showed what Tracts were being. considered. She stated that Tract D was currently zoned Single Family Residential and what was proposed was to have Tract D and the azea of the Middle School be included in the Institutional Zoning District. Glenn referred to the Land Use Map and stated that the only area that would change would be the azea for the Long Term Caze Facility. She stated that the property owners of the adjacent azea and all of the property owners in the Forest Acres road system were notified of this intended rezone. Glenn stated that the Community Development Office received one phone call from a property owner in the lower 48 and they supported the Long Term Caze Facility and the rezone. She stated that staff recommended that Resolution 2007-16 be approved. ]n response to Anderson, Glenn explained the difference between single family residential and rural residential. She stated that the land use map recommended that the azea discussed become rural residential. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. No one requested to be heard and the public hearing was closed. Motion (Anderson/Smith) Motion Passed Approve Resolution 2007-16 Unanimous ~l City of Seward, Alaska Planning. Commission Minutes September 4, 2007 Volume 6, Page 157 Unfinished Business -None New Business - Select Work Session Topic for September 18, 2007 Keil stated that she would like an update on the Bench Area which was an item on the Commission's priority list. Smith requested that the Commission also include an update on Title 15 from 1VIr. Hicks. By general consensus, the Bench Area Update and Progress on Title 15 were placed on the Work Session agenda. Informational Items and Reports (1Vo action required) -None Commission Comments - Roach's thanked the Commissioner's for their patience when she was asking questions. Smith stated that he hoped this was the last time they were presented with the Long Term Care Facility location. Clazk echoed the sentiments on the Hemlock issue and he would be interested in developing Hemlock and encouraged Council to bring that issue up. He stated that it was nice seeing the City Manager in the audience, thanked Glenz for her hard work and would like to know when Malcolm Brown was due back. Keil thanked Glenz and said that the Commission could not get their work done when everything got pushed aside due to City projects. Citizens' Comments - Oates stated that the Planning Department and the assistance to the Planning and Zoning Commission had been under resourced and was something that needed to be fixed. He continued that they wanted to limit the access azound the school summer schedule for construction. He asked Commissioner Hicks to give him a call to discuss Title 15 and he would like to address the Bench Area personally if the Commission would be active participants with suggestions and questions. He thanked the Commissioners for their service. Shepard thanked the Commission for their journey on the Long Term Caze Facility and he reminded them that on October 16, 2007 staff would present the Conditional Use Permit. Commissions and Administration Response to Citizens' Comments - 2`~ City of Seward, Alaska Planning Commission Minutes September 4, 2007 Volume 6, Page 158 In response to Clark, Oates stated that the City was unsure when Malcolm Brown would return but the City hoped that he would be back at the beginning of the New Year. Adjournment Meeting adjourned at 9:15 p.m. Anne Bailey Executive Liaison (City Seal) Marianna Keil Chair zs MEMORANDUM City of Seward Community Development Date: October 4, 2007 To: Seward Planning and Zoning Commission From: Donna Glenz, Planning Assistant ~\ Subject: October 16, 2007, Special Scheduled Planning and Zoning Meeting at 6:30 pm Staff currently plans to bring before the Commission, at the scheduled October 16, 2007 Special Meeting, three Public Hearings. The Long Term Care facility, Conditional Use Permit; the requested code change to allow Townhouses within the Central Business District by CUP; and a Flood Variance request. The scheduled Special Meeting will begin at 6:30 pm in the Council Chambers. z~