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Home My WebLink About11202007 Planning & Zoning PacketSeward Planning ~ Zoning Commission Re-Scheduled Regular Mee Marianna Keil Chair Term Expires 02/10 Sue McClure Commissioner Term Expires 02/10 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 Nicks Commissioner Term Expires 02/08 1. Call to Order 2. Opening Ceremony A. Pledge of Allegiance 3. Roll Call 4. Special Reports & Presentations A. City Administration Report 1. Reported Violations, Interpretation and Abatement 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 spear Time is limited to 2 minutes per speaker and 30 minutes total time for this agenda item) Phillip Oates City Manager Malcolm Brown Planner Donna Glenz Planning Assistant Anne Bailey Executive Liaison 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.J 7. Special Items A. Election of Vice-Chair ....................................Page 3 Planning & Zoning Commission November 20, 2007 Re-Scheduled Regular Meeting Agenda Page 1 8. 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 9. Unfinished Business -None 10. New Business - A. Resolution 2007-21 recommending Kenai Peninsula Borough approval of the preliminary plat for Lots 37, 38, 39 and 40, Block 23, Seward Original Townsite AVTEC Replat ........................................................................................... Page 4 B. Approve October 16, 2007 Special Meeting Minutes ................................... Page 9 11. Informational Items and Reports (No action required) -None 12. Commission Comments 13. Citizens' Comments [Limit to S minutes per individual -Each individual has one opportunity to speak) 14. Commissions and Administration Response to Citizens' Comments 15. Adjournment Planning & Zoning Commission Re-Scheduled Regular Meeting Agenda November 20, 2007 Page 2 P&Z Agenda Statement Meeting Date: November 20, 2007 From: Donna Glenz, Planning Assistant Agenda Item: Election Vice-Chair BACKGROUND & JUSTIFICATION: Due to the departure of the vice-chair from the Commission to the City Council, the Planning and Zoning Commission must elect a new Vice-Chair. The duties of the Chair are to: 1. Open the meeting on time and call the meeting to order; 2. Announce in proper sequence the business on the agenda; 3. Recognize members who are entitled to the floor; 4. State and put to a vote all legitimate motions that arise during the meeting: 5. Do not permit debate until there is a motion on the floor; 6. Protect the Commission from frivolous or delaying motions by refusing to recognize them; 7. Enforce the rules regarding debate and keep order; 8. Expedite business in a way compatible with the rights of the members; 9. Decide all questions of order; 10. Respond to all inquiries of members; 11. Ensure that citizens address all remarks to the Commission; and 12. Declare the meeting adjourned. The Vice-Chair assumes the duties of the Chair when necessary. The process for election of the Vice-chair is as follows• The Chair should open nominations. Anyone can nominate another commissioner asvice-chair. • • If only one nomination is received, a motion should be made to close nominations and cast a unanimous ballot for the chosen person. That motion will need a second and can be approved by unanimous consent. (No role call vote is necessary). • If more than one nomination is received, the Clerk will prepare ballots for each Commissioner to vote for one nominee and sign his/her ballot. The ballots will then be collected, the votes read aloud, and the announcement of the prevailing nominee made. A motion is then in order for someone to elect the nominee as vice chairman. A second is needed and the motion can be approved by unanimous consent of the commission. RECOMMENDATION: Commission elects aVice-Chair 3 Sponsored by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2007-21 A RESOLUTION OF THE SEWARD PLANNING AND ZONING ~, COMMISSION, RECOMII~NDING KENIA PENINSULA BOROUGH APPROVAL OF LOTS 37, 38, 39 and 40, BLOCK 23, ORIGINAL TOWNSITE OF SEWARD, AVTEC REPEAT ., WHEREAS, Cline & Associates submitted the preliminary plat of Lots 37 - 40, Block 23, Original Townsite of Seward, AVTEC Replat to the City of Seward for review and recommendation to the Kenai Peninsula Borough; and WHEREAS, this replat vacates the interior lot lines of Lots 37, 38, 39 and 40, Block 23, Original Townsite of Seward and creates one single lot to be known as Lot 37A; and WHEREAS, this platting action creates a single lot of approximately 1.1,992 square feet which meets the minimum lot size and width requirement of the Seward City Code; and WHEREAS, the property is zoned Office Residential, (OR); and WHEREAS, the two existing structures located on this property are multi-family apartment buildings currently used as AVTEC student housing; and WHEREAS, these two existing structures were built in the late 1970's before SCC§ 12.01.030 stating "No building, except a single-family residence, may be constructed across platted property lines"; and WHEREAS, the property is served by existing public utilities and developed streets, and therefore meets all of the requirements of the Seward Subdivision Code therefore no subdivision agreement is require. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends that the Kenai Peninsula Borough approve the Lots 37 - 40, Block 23, Seward Original Townsite, AVTEC Replat, subject to the following condition: Seward Planning and Zoning Commission Resolution 2007-21 Page 2 of 2 ., 1. Correct the spelling within the title block of "AVTECH" to AVTEC (Alaska Vocational Technical Center). Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 20~' day of November 2007. THE CITY OF SEWARD, ALASKA Marianna Keil, Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: One ATTEST: Jean Lewis, CMC City Clerk (City Seal) P&Z Agenda Statement Meeting Date: November 20, 2007 Through:. Phillip Oates, City Manager . From: Donna Glenz, Planning Assistant Agenda Item: Preliminary Plat Review of Lots 37, 38, 39 and 40, r Block 23, Original Townsite of Seward. BACKGROUND & JUSTIFICATION: Attached for the Commission's review and recommendation to the Kenai Peninsula Borough Planning Commission is the preliminary plat of Lots 37, 38, 39 and 40, Block 23, Original Townsite of Sewazd. This replat vacates the interior lot lines of Lots 37, 38, 39 and 40 which creates a single pazcel of approximately 11,992 square feet. In accordance with Borough requirements, the city must review and comment on a plat before submittal to the Borough for approval. These lots aze currently owned by the State of Alaska, Alaska Vocational Technical Center (AVTEC). There are two structures located on the property, both of which are multi-family structures. These structures are currently used as multi-family housing for the family students attending AVTEC. The original 8 unit structure was built in 1978 which was before zoning requirements required the vacation of interior lot lines. The second building was built in 1986. Seward City Code § 12.01.030 Platted Property Lines. "No building, except asingle-family structure, may be constricted across platted property lines; was adopted in 1987 by Ordinance 596. In spring of 2007 AVTEC obtained City building permits to upgrade and remodel the two multi-family units. During the review process it was noted and required the interior lot lines be vacated before the final certificate of occupancy was to be issued. Subdivision Review: Zoning: The property is currently zoned Office Residential (OR) which allows for the existing uses of the property. The new single Lot 37A exceeds the Office Residential District minimum lot size of 3,000 square feet, and minimum lot width of 30 feet. According to the FEMA Flood Insurance Rate Map, the subdivision is located outside of a designated floodplain. Utilities: The property is served by the existing public utilities, and developed streets, therefore a subdivision installation agreement will not be required. Existing water, sewer and electric lines aze located in the adjacent right-of--ways. There is a fire hydrant within an approved distance. Staff noted during the review process an incorrect spelling within the title block. The ownership of this property is Alaska Vocational Technical Center (AVTEC) not AVTECH. Staffrecommends this correction on final plat. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (2020) ~ _ X 2. Strategic Plan (1999) X 3. Seward City Code X _ SCC§ 12.01.030 Platted Property Lines. "No building, except asingle-family structure, may be constructed across platted property lines RECOMMENDATION: Commission approve Resolution 2007-21 recommending the Kenai Peninsula Borough approval of the preliminary replat of Lot 37A, Block 23, Original Townsite of Seward AVTEC Replat, a resubdivision of Lots 37, 38, 39 & 40, Block 23, Original Townsite of Sewazd with the following condition: 1. Correct the spelling within the title block from "AVTECH" to AVTEC (Alaska Vocational Technical Center). I ~-_.----- ~ ~ -----_-~ ~ 1 I I I I I 2' l I 20 I ---J ~--------~ ~---------J MADISON STREET BASIS OF BEARING PLAT 2003-18 58958'48"E 220.11' i' - - 0 O " ' ' 45 E 100.05 58958 (NEST I00') 20.00' (30') 10 . t tMEST 100') I II • - - J z -'-----'"-'----'-" ---' ~ I I ,~ gypp, ~ O I - - ~ 1 - - - - - ~ ^ ~ /~ I x . ,~,~ 11 s' utn)ty ~ Eoaemmf %~ 2 2 I ~ nl (~ Note J) I I ~ LOT 37A ,. ~ ~ ~ BLOCK 23 ~ 3 1 l0 11,992 S.F. ~~ I 3 I _ _ _ K 24~ 0 m ---- --- --,w~..~a,,..,------ ~ n, 14 0 ~ r" - - - - - - - ~1 B4 C ~ ~"~ %l~, "'tiu 1 o, I 4I - - ~ Z ;i~- ~ '' I Q - - a __J - - - ~ i ¢ N893 ~vcsT Iab')99.90 I I 5 1 I 36 I I 5 I ---- -{ ~ I -- --- -~ I--- - -----~ I O 3 ` I I i 6 I ~` 5 I I 8 I _.---~ ~-------- ~ r'-- - ------~ ~ ~ ~ I 32A I I 1 I ~ I i NS4STEWAIER D/SPOISAL Plana for wwtearotar d1 osol, thot meet reputotory requlrsmenta oro on Ills at the Deportment o/ Envlronmsnta/ Conmwtlon. PLAT APPRDYAL_ fib pkt ware approved by the Kano! PsnMSU/o Barouph P/onnkrp Commisskn h occordones with Seetkn ?0.04,070 Ksna! PenLtsu/a Borough SLbdh4Non Rspulofkns. Dab eaa,pn Dfikrd LE~JD Found Rsbar d N. Cap. LS J73J ~ found Rebor O Set 3/8x24" Rsbor d P/ostk Cop, LS 736p (MIEST 100') Rxord M/amotk» Seword Or/phal Tewndfs, Pl~~ortf7~NSa~ 1, SR.D. I fie purpore o/ fA/s p/o~ waste kt Ib+u.. ? fih tot h wb/sat fo tM C)ty of 51waM's Zonhp d Lond Use Rpu/dt/ons. J No pamonent struefuro moy D. eonsfruefsd or p/aeM wlthh o utN/ty sceemen! wfikh would Interfere with the obany or a urelry to use rn. eosement. Tn. exNfMp structuroa An the sosement shown hsroon ors permtttsd strueturos. Any mod/f/ectton or oddlt/one to mess atuetvrea must be opprowd by Ssword ores utd/ty eompon/es. j e - - - - 7 w• (- ' - - ^ ~ ~ ~ r) 7H1 P A ~a R. ~ 0V71dNA 5y ~ tl rl~rl~rl r1 TIS aIw t7lPtiflCA7E OF auwaesraP AND DED-CAnaN I heroby rertlfy thof Nv are IM ownero o/ fhs rool property shown and MacNbsd hsrson and that we Asreby adopt thh p/on o/ aubdldalan, and prom WI eosemsnta and public Npht-of-woys by our Ire. consent. StoN o/ A/osko Dsportmsnt o/ Educotkn and Eorly Dewlopmsnt Alaska VocaNend Tsehnkal Center ao1 wwr torn ,Amsw, AK 99801-181J NOTARYS A[yOyOW MMET4t'NT FOR SU85CRIBED AND SWtlRN TO BEFORE ME ~ IS OAY OF NOTARY FqP ALASKA MY COMMISSION EXP/RES CITY OF SEWARD -------1 0 CT 1 1 2007 _.___ ~-~ PLANNING OFFICE SlMYE1'GIP~S CER11FfCA1E t hereby esrUfy thot; 1 oym ProP.rIY reptalered and l/csn»d to proctlae fond aurwyMp M the StoN e/ Absko, tAM pkt represents o wavy mode y m. er undsh my dwset supsrKelon, the monuments shown Aeroon oetucpy exlet oe dssarlDed and ~~~tki o ~a d toa~yo ~ N~AOtSlati o% A/aormata DAlE P »...,'4C.gti wm. wands rnne t~ LS-7alo SEWARD ORIG/NAL TOWNSITE AVTECH REPEAT A RESUBDlNSIDN OF.• L075 37,J839,40 BLOCK 2J, SEWARD ORIGINAL T0NN517E LOCHTOWNSH/P~ SOUTH, RANGE ~N£S~ 10 SEWARD MERIDIAN, ALASKA CITY OF SEWARO SEWARD RECORDING DISTRICT CLINE AND ASSOCIATES LAND S1IR1~EYgRS 416 Ith AYETA/E PO BOX ?70.7 SEWARD, AK p9664 Icn7) 224-7J?I FAX (p07) ??I-608D f.D. ORA ~ ~ City of Seward, Alaska Planning Commission Minutes October 16, 2007 Volume 6, Page 150 Call to order The October 16, 2007 Special Meeting of the Seward Planning & Zoning Commission was called to order at 6:33 p.m. by Chair Marianna Keil. Opening Ceremony Commissioner Anderson 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 Anne Bailey, Executive. Liaison Kathy Mize, Temporary'Executive Liaison City Administration Report Planning Assistant reported on the following items: • Introduced Kathy Mize who will cover for Anne Bailey for four months until February. Thanked Bailey and gave Mize's contact information. • Enforcement Issue: Still working with Clerk's office on the Glacier Taxi business license issue and derelict vehicles parked on the property on Phoenix Road. • City received notice that the 2007 community rating system recertification application had been received and accepted and was good for another year. • State of Alaska DOC proposed 140 bed expansion was moving forwazd with SCCC. • Sturdy was continuing to move forward with the Parks and Recreation Master Plan. • One P & Z application had been received from Sue McClure and will go before Council for their review and approval on October 22, 2007. • Clerk asked staff to pass out Kenai Peninsula Borough Planning Commission vacancy notice. General Fund Budget Presentation and Discussion with City Manager Phillip Oates and Finance Director Kris Erchinger City of Seward, Alaska Planning Commission Mirrates October 16, 2007 Volume 6, Page 151 City Manager Phillip Oates presented an overview of the general fund budget and prefaced the timeline had been changed to go before City Council. He wanted to make sure council had time to absorb the budget. He stated it was to be available online next week. His plan was to present the budget and put it out before the public to allow them to have a voice. Oates concluded many major issues were addressed without eliminating or reducing current services and the Council needs the input of the citizens. He believed it was important to present this to P & Z and appreciated their comments. In response to Keil, Oates clarified that the total sales tax would be 9% in the summer and 5% in the winter. Keil stated that she worked for anon-profit that could be effected by the proposed public safety fee and stated that a lot of the non-profits respond to City crisis' but do-not bill the City for their services. Keil asked if the City would then start paying for non-profits' services? Oates stated that this was a fair comment and The City may find a way to offset the tax if a non-profit provides a service for the City. In response to Anderson, Oates stated further review was needed to address new slip assignment fees for transient vessels. In response to Clark, Oates responded by agreeing Community Development is one of the most under resourced departments and that was something that needs to be addressed. Keil stated that the commissioners need to discuss their concerns this with the Council members. Other Reports, Announcements & Presentations -None. Citizens' Comments on Any Subject ezcept Those Items Scheduled For Public Hearing - John French, Inside City Limits, suggested the Administration discuss the budget at public venues in place of private entities. Oates responded that the budget work sessions October 29-30 and November 1-2 include time for public comment. French asked that these public comment periods be advertised properly. French also asked if the seasonal sales tax would be a 6 month split. Oates responded that it will be a six month split. Approval of Agenda and Consent Agenda - .~ ~~ City of Seward, Alaska Planning Commission Minutes October 16, 2007 Volume 6, Page 152 Motion (Anderson/Hicks) Approve the Agenda and the Consent Agenda Motion Passed Unanimous Consent The following items were approved under the Consent Agenda: October 4, 2007 Regular Meeting Minutes Unfinished Business Items requiring a Public Hearing -None New Business Items requiring a Public Hearing- Resolution 2007-18 granting Greg Thrall a variance from Seward City Code Chapter 15.25 Floodplain Management to construct an aircraft hanger on Lot 8, Block 200 Seward Airport. Glenz stated that Lease Lot 8 was in the FEMA mapped flood zone and that construction had to meet specific requirements, specifically the base flood elevation of 20 feet. The applicant has petitioned the Commission to allow him a variance to build at 17.4. Staff recommends the approval of Resolution 2007-18. In response to Keil, Glenz stated that the Commission had granted a flood plain variance on this lot to another party for a different aircraft hanger at a different base flood plain elevation which had not bee constructed. After discussion on Provision 15.25.060(b), Hicks stated that he will make a motion to amend the Resolution. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Russ Barnard, outside city limits, spoke in favor of Resolution 2007-18 and stated that FEMA had not based the flood plain levels on any bench mark. Mr. Barnard stated he planned to i build a hanger out there as well and since there has not been any flood problems there in the past logic states the variance should be awarded. Russell Gillespie, inside city limits, spoke in support of Resolution 2007-18 and Mr. Thrall's hanger building endeavors because he too would like to build a hanger. Mr. Gillespie stated that there was a lot of money put into the airport and maintenance and that it is hard to see planes frozen to the ground due to limited hanger space. No one else requested to be heard and the public hearing was closed. Motion (Hicks/Roach') Approve Resolution 2007-18 City of Seward Alaska Planning Commission Minutes October 16, 2007 Volume 6, Page 153 Hicks stated that he does not see anything wrong with this and favors granting the exception but sees provisions that need to be changed. Motion (Hicks/Smith) Amend Resolution 2007-18; Add to Section 2(2) the word "exceptional" before the word "hardship" in the first line. Motion Passed Unanimous Consent Motion (Hicks/Clark) Amend Resolution 2007-18; Add to Section 2 a new subsection 5 stating: "5. The applicant has established good and sufficient cause for this Commission to fmd pursuant to SCC 15.25.060(b)(5) that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict existing laws." Motion Passed Unanimous Motion (Hicks/Smith) Amend Resolution 2007-18; Add to Section 2 a new subsection 6 stating: "6. Because the proposed variance has low damage potential and otherwise conforms to all variance criteria in SCC 15.25.060(a) & (b), the Commission finds this application to be one of those "very limited circumstances" described at SCC 15.25.060(b)(1) which would otherwise require that Lot 8, Block 200, Seward Airport, be "contiguous to and surrounded by lots with existing structures below the base flood level." In response to Anderson, Glenz stated that all construction within a FEMA mapped flood zone required a floodplain permit and if construction was to be below the Base Flood Elevation a floodplain variance was required. Hicks stated that every applicant would be required to make the same request. Hicks stated that these amendments aze necessary because the Commission really needs to find exceptional circumstances every time a variance from a flood plain standazd is granted. Anderson pointed out that the area has not been flooded since the 1964 earthquake. ~. ~_ 1^ City of Seward Alaska Planning Commission Minutes October 16, 2007 Volume 6, Page 154 Motion Passed Unanimous Keil stated that the current number 5 will be moved to number 7. In response to Roach', Glenn stated the applicant had continued working against a stop work order. Roach' asked that the applicant look at this whole process and see that it was not really that painful. Main Motion Passed as amended. Unanimous Commission recessed from 7:46 p.m. to 7:55 p.m. Resolution 2007-19 recommending the City Council Amend. Table 15.10.225. Land Uses Allowed to allow Townhouses by Conditional Use Permit in the Central Business District (CBD) Glenn referred to Resolution 2007-19. A work session was held on September 4, 2007 to discuss townhouse development in the downtown Central Business District. She noted City code had strict development guidelines for townhouse development as presented in the agenda statement. Community Development had received community input and had provided it to the Commission as a laydown. Staff recommends approval of 2007-19. In response to .Anderson, Glenn stated this resolution recommended Council amend the zoning code to allow townhouses in the CBD by Conditional Use Permit. In response to Clark, Glenn stated she did not request the Commission add a definition specifically to townhouses as townhouses were similar in nature to condos, apartments, and multi- family dwellings and the Seward City Code provided a complete section of guidelines to allow townhouse development. Discussion was held in regard to parking and lot coverage requirements to which Glenn stated each applicant must meet all development requirements for townhouses and all development requirements for the CBD. She stated the stricter portion of the code always applies. She also clarified townhouses were to be allowed only by Condition Use Permit. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Carol Griswold, inside city limits, brought attention to Mark Kansteiner's letter provided as a laydown. She agrees with Kansteiner's analysis and opposes this ordinance change. 13 Ciry of Seward, Alaska Planning Commission Mimttes October 1 b 2007 Valume 6, Page 155 John French, inside city limits, requested the Commission address parking in the CUP process and not grant variances. No one else requested to be heard and the public hearing was closed. Motion (SmithlClark) Approve Resolution 2007-19 More discussion was held on language, lot coverage, parking and the impact on the CBD. Hicks recognized the downtown business owners were not present to show opposition to the requested change. Motion Passed Yes: Anderson, C1ark,;Hicks, Keil, Smith No: Roach' Vacant: One .. , {~#S}: [Pulled from the agenda by Administration] Unfinished Business -None New Business - z v ~ , s. ~ a;.;,,,..,i rr ~ .,....;~ ~nn~ ~~ [pulled from agenda by Administration] ~~~~,~~~o~o Reschedule the November 8, 2007 regular meeting to November 20, 2007 Glenn stated that the first meeting in November was scheduled Thursday, November 8, 2007. She noted staff and Commissioner Hicks were scheduled to be out. No public hearings had been received. Staff recommends the regularly scheduled meeting be rescheduled for the 20~' of November. Anderson clarified the regular meeting would be on November 20, 2007 and stated she will not be able to attend. Motion (Clark/Hicks) Reschedule the November 8, 2007 P & Z meeting to November 20, 2007 at 7:30pm. Motion Passed Yes: Anderson, Clark, Hicks, Keil, Roach' No: Smith Vacant: One r ~'-~ City of Seward, Alaska Planning Commission Minutes October 16, 2007 Volume 6 Page 156 Informational Items -None Commission Comments Anderson congratulated Smith and stated they will miss him. Hicks congratulated Smith, stated he enjoyed working with him, and asked him to remember the planning and zoning commission. Roach' thanked Smith and asked the Commissioners to lookbver the budget and offer ideas to the City Manager. Smith stated he will remember and miss the Commission.. He stated'he appreciated the fact they are a diverse group but once a decision was made they all backed the decision. Glenz asked for clarification on the November 20 meeting time. Keil stated that the regular meeting should be scheduled for 7:30 and also hold the work session at 6:30 to discuss Title I5. Keil wished Bailey good luck and welcomed Mize. Citizens' Comments -None Commissions and Administration Response to Citizens' Comments -None Adjournment Meeting adjourned`at 8:22 p.m. Kathy Mize Temporary Executive Liaison (City Seal) Marianna Keil Chair IJ