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HomeMy WebLinkAbout11182008 Planning & Zoning PacketSeward Planning Commission Agenda Packet November 18, 2008 Special Meeting City Council Chambers Beginning at 6:30 pm Seward Planning 8z Zoning Commission vacant chair Term Expires 02/10 Sue McClure Commissioner Term Expires 02/10 Margaret Anderson Vice Chair Term Expires 02/09 Vacant Commissioner Term Expires 02/09 Steven Heinrich Commissioner Term Expires 02//1 Sandie Roach' Commissioner Term Expires 02/10 Cindy Ecklund Commissioner Term Expires 02/11 Phillip Oates City Manager Christy Terry Community Development Director Anne bailey Executive Liaison 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 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.J 7. Special Items A. Election of Chair .............................................Page 3 Planning & Zoning Commission Special Meeting Agenda November 18, 2008 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- a. Resolution 2008-17, Recommending City Council and Kenai Peninsula Borough Approval of the Federal Addition AVTEC Replat, a Resubdivision of Blocks 6 & 15, Federal Addition, Located on the West Side of Second Avenue Between "A" And "C" Streets .................... Page 4 b. Resolution 2008-18, Granting a Conditional Use Permit to C1RI Alaska Tourism, Corp. dba Kenai Fjord Tours to Construct and Operate a 16 Room Employee Bunkhouse on "tract A, Clearview Subdivision Number 3, Located West of Alice Street Between Resurrection Boulevard and Phoenix Road within the Auto Commercial Zoning District........... Page 24 8. 9. Unfinished Business -None New Business - * A. Resolution 2008-19 Granting a third six month extension to Conditional LJse Permit No. 2007-03, issued to Tom & Lori Swann for the development of an 11- room hotel at 504 Adams Street located within the Central Business Zoning District (CBD) ............................................................................................. Page 52 * B. October 21, 2008 Special Meeting Minutes ................................................ Page 58 C. Discuss and provide comments to the Assembly on a Kenai Peninsula Borough Ordinance placing a moratorium within the Seward Bear Creek Flood Service Area on the issuance of plats under KPB Title 20, Subdivisions, and permits under KPB Chapter 21.06, Floodplain management, for 12 months pending adoption of regulations ................................................................................ Page 63 10. Informational Items and Reports (IVo action required)-None 11. Commission Comments 12. Citizens' Comments [Limit to 5 minutes per individual - Euch individual has one opportunity to speak] 13. Commissions and Administration Response to Citizens' Comments 14. Adjournment Planning cg Zoning Commission November 18, 2008 Special Meeting Agenda Page 2 2 P&Z Agenda Statement Meeting Date: November 18, 2008 To: Planning and Zoning Commission From: Executive Liaison Anne Bailey ~"~ ~""~ Through: Community Development Director Christy Terry Agenda Item: Election of Chair BACKGROUND & JUSTIFICATION: Planning and Zoning Commissioner Marianna Keil has resigned from the Commission leaving the Chair seat vacant. The Commission must elect a new Chair to fill the seat until the annual election in the spring of 2009. Should the Vice Chair position be vacated at this election the Commission would need to 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 Chair and Vice-chair is as follows• The current Vice Chair should open nominations. Anyone can nominate another commissioner as 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). • Tf more than one nomination is received, I will prepare ballots for each Commissioner to vote for one nominee and sign his ballot. I will then collect the ballots, read the votes aloud, and announce the prevailing nominee. A motion is then in order for someone to elect the nominee as chairman. A second is needed and the motion can be approved by unanimous consent of the commission. The above procedures should also be used to elect a vice chair. 3 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2008-17 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, RECOMMENDING CITY COUNCIL AND KENAI PENINSULA BOROUGH APPROVAL OF THE FEDERAL ADDITION AVTEC REPEAT, A RESUBDNISION OF BLOCKS 6 & 15, FEDERAL ADDITION WHEREAS, the State of Alaska and the City of Seward are working together to consolidate the AVTEC facility into one State-owned and managed unit by exchanging a portion of said property with the City; and WHEREAS, the City of Seward can not make the land exchange with the State of Alaska until the lots are replatted into the proposed configuration; and WHEREAS, Cline and Associates submitted, on behalf of the State of Alaska, a preliminary plat increasing the square footage of Block 6 to 123,477 sq feet and decreasing the square footage of Block 15 to 21,723 square feet by creating Block 6A and Block 15A; and WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an advisory capacity to the Kenai Peninsula Borough regarding subdivision plat proposals; and WHEREAS, as required by Seward City Code Section 16.01.015 Conditions to plat approval, property owners within 300 feet of Blocks 6 & 15, Federal Addition, were notitied by mail of the proposed platting action, and the property was posted with a public notice sign; and WHEREAS, this property is zoned Institutional (INS) and the replat does not create any non- conforming structures or lots; and WHEREAS, the current Block 6 is owned by the City of Seward and leased to the State of Alaska until 2054; and WHEREAS, the current Block 15 is owned by the State of Alaska; and WHEREAS, no subdivision installation agreement is necessary because these lots are currently serviced by municipal roads, water, sewer, electric and other utilities. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Section 1. The Commission recommends Kenai Peninsula Borough approval of the Federal Addition AVTEC Replat, a resubdivision of Blocks 6 &15, into Blocks 6A and 15A subject to the following condition: 1. An additional 20' utility easement is added along the south property line of Block 15A. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 18`h day of November 2008. 4 P&Z Agenda Statement Meeting Date: November 18, 2008 To: Planning and Zoning Commission From: Community Development Director Agenda Item: A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, RECOMMENDING CITY COUNCIL AND KENAI PENINSULA BOROUGH APPROVAL OF THE FEDERAL ADDITION AVTEC REPEAT, A RESUBDIVISION OF BLOCKS 6 & 15, FEDERAL ADDITION BACKGROUND & JUSTIFICATION: The resolution before the Commission today deals solely with the resubdivision. However, in order to understand the configuration of the proposed blocks, the Commission must understand the impetus behind the request. The City of Seward and the State of Alaska are working together to consolidate the AVTEC facility on Second Avenue into one State-owned and managed unit. This will be accomplished following this resubdivision by exchanging Block 15A (owned by the City leased by the State of Alaska) with Bock 6A (owned by the State of Alaska). The City of Seward can not make the land exchange with the State until the lots are replatted into the proposed configuration. The following timeline documents the actions taken towards this goal: April 5, 2007: "The Planning and Zoning Commission approved Resolution 2007-07 recommending Council approval of the conveyance of Block 6 to the State of Alaska. The Commission found that the conveyance was in the public's interest and that the public health, safety and welfare would be preserved. The Commission also found that the conveyance was not contrary to the Comprehensive Plan or the Strategic Plan. The Commission recommended that as a provision the Council require the State of Alaska to provide a field assessment for existing and potentially required drainage features, utilities and other features of the parcel, including entry and exit access to and parking for Two Lakes Park in cooperation with the City of Seward staff, to be preserved by easement or other forms of reservation prior to final platting. April 23, 2007: The Seward City Council approved Resolution 2007-037 authorizing the City Manager to begin negotiation with the State of Alaska for the disposal of Block 6 in order to achieve terms satisfactory to both parties and including the Commission's recommended provision. Pag~ ' ~f 4 5 Apri12007- August 2008: As directed, City of Seward staff conducted negotiations with the State of Alaska. September 8, 2008: Community Development Director Bob Hicks presented the negotiated position for the land exchange to the Council under New Business during a Council Meeting. Council discussed and directed city staff to proceed as follows: • Pursue replatting the property per the Cline and Associates AVTEC replat dated 5/26/08 • Pursue conveyance of Block 6A to the State, consolidating State ownership of the property under the AVTEC facilities on this site • Pursue the State's conveyance of Block 15A to the City, giving the City a permanent ownership access to Two Lakes Park • Pursue the State's conveyance of a 30-tt utility easement from A Street back to First Avenue to the City, which is needed for regular power service and for emergency power in the event of a tsunami • "I'he Borough must release the reversionary clause from Block 15A, so that the City can use it for access to the park and not be limited to "educational purposes" • Pursue entering into a simple access agreement allowing AVTEC to use that park road for access to the back of their buildings on the new Block 6A September 25, 2008: The State of Alaska received confirmation from Kenai Peninsula Borough Staff that they would support releasing the educational use land deed restriction and reversionary interest on the proposed Block 15A. This information was sent to the City as requested. The Ordinance for Assembly approval of the release is scheduled for introduction on November 18, 2008. November 18, 2008: Replat before the City of Seward's Planning and Zoning Commission for approval. SUBDIVISION REVIEW: Zonin :Both lots are zoned Institutional (INS). This zoning district has no minimum lot size. Setbacks: This subdivision was replatted in such a way as to not create any new nonconformity. The minimum side yard setback requirement is 10 feet and the plat shows 10 feet between the new lot line and the closest point of the existing structure. There are two existing nonconformities that are not increased with this replat: 1) the north building encroaches 1.6 feet into the rear setback and 2) the north building encroaches 2.2 feet into the front setback. Any new construction must meet the setbacks prescribed Pag - " ~f 4 6 in Seward City Code. The relocation of the former lot line also solves the nonconformity of the north building that was not only encroaching into those former setbacks, but also the encroachment of the building being constructed over a lot line. Utilities: The property is served by all necessary utilities and a subdivision agreement is not required. Existing Use: The Alaska Vocational Technical Center is located on Block 6 and Block 15. This replat allows the State to consolidate their interests onto one State owned parcel. The use of the proposed Block 15A is access for Two Lakes Park. This replat insures permanent legal access to the park via Block 15A once the land exchange is completed. Staff Comments: Electric Department: Field Engineer Jeff Estes: "There are no easements shown (sic) nor provided to the electric department for the primary electric facilities as agreed." Estes later verbally requested the 10' utility easement continue to along the south property line to the west property line to encompass the underground service for the streetlight. Electric Utility Manager Tim Barnum: "The Electric Department needs written easements for the electric facilities that serve AVTEC buildings that are not within plated (sic) easements (shown on attached page). We request additional easement to allow electric facilities to continue north and east to exit the property and provide a future secondary source of power into AVTEC facilities and provide for any future development of adjacent property." Fire Department: Fire Chief Dave Squires: "It appears there is not a clear twenty foot wide access without going onto the other property. Is (sic) there provisions to allow this? It appears there is no turn around without going on private property. Is (sic) there provisions to allow this?" Community Development Response: Tn response to the Electric Department staff comments• As part of the negotiation process, the State of Alaska agreed verbally and in writing (Kim Mahoney, Project Manager DOTPF Statewide Public Facilities) to provide written easements for the electric facilities that serve AVTEC on the west side of the buildings. These written easements will be provided following Council's approval of the proposed land exchange. The requested additional electric easements on the north and west side of the newly created Block 6A were not included in the linal negotiations and staff did not included these in the proposed replat. The easement requested for the south side of the newly created Block 15A is acceptable to the City. To mitigate the impact of not including a 10' easement on the north side of Block 6A staff has incorporated, as a condition to the plat approval, a 20' easement on Block 15A. This has no impact on the City's planned use of this property as access to Two Lakes Park. Pag~ ' ~f 4 7 In response to the Fire Chief's comments: The City of Seward has NO present official access across Block 6 (owned by the State of Alaska) or Block 15 (leased by the State of Alaska). The public travels across AVTEC's property without any objections, but also without easement or other legal permission. Once this plat is approved by the Commission, the plat and land exchange will move forward to Council. Obtaining Block 15A as city property will insure the public has guaranteed access to Two Lakes Park. AVTEC plans to keep the existing driveway and access patterns, but if for any reason the State of Alaska limits the city's use of the driveway crossing Block 6A, then the First Avenue right of way and the portion of paved driveway on Block 15A can be developed to provide a turn around and twenty foot wide vehicle access. Public Comment: At the time of publication of this report, staff has received no public comments regarding this replat other then requests for more information. If any additional correspondence is received alter publication of this agenda statement, it will be presented as a lay down item at the Commission meeting. RECOMMENDATION: Approve Planning and Zoning Commission Resolution 2008-17 RECOMMENDING CITY COUNCIL AND KENAI PENINSULA BOROUGH APPROVAL OF THE FEDERAL ADDITION AVTEC REPEAT, A RESUBDIVISION OF BLOCKS 6 & 15, FEDERAL ADDITION. Pag- " ~f 4 8 ' - PLAT APPROVAL - -_-- - --- ~ - - - - - - Thls plot was oppro veil by Che Kenvi Peninsula 8oraugh Planning 'i Commission .h acwrdonce with Section 20.04.070 Kenai Peninsulc i u I r Borough Subdivisicn Regulofrons Dote ~_~ Bareagh Drrdal -~ - - - ~F- ~ 8 WASTEWATER DISPOSAL acacx re o Plans /w wdsfewdter drsposol, that meet regulatory ~p ~ I o iz requirements ore on file of /he Department o/ Environmental Conservation. ~ _ _ _ J10~ - - __ ~ ~~ scot. n n9.78" roo77" `" - - - - NOTES ~ ~ C ~ cy o > C Street ~ ~ o these Lots are subject to the City o{ Seward Q e j pO ~ Zoning and Land Jse Regulotions. y NB958'd7"W 72004 2 58958'47"E _ _ 2 A'a pemronenC structures may De construcfetl l_ 8000' ~ 100.1] ~ (- or p,'aced withrh on easement that would k ~=rl p inter/ere with the obirify o{ the utility to use BLOCK 15A /==~ / 1 o the easemep t. 2t, 72]SF li ~ ° J~ F. I; r'°'°r - ~ 3 71re portion of B Sfree( R.O.W. between former _ ~ _-~ tiM~; ~- r°+° .W g 9/ocks 6 and 15 was rotated by Seward City ' ~-} ,64 p.~ 5]S ~Bg,B~ I s Council Resoluflon No. 49, on Febuory I5, I954. _ ~ -, o ~\~ `/~ ~ -. ~~ ,h,L 2i j2f ~ s n° o NBi20 ~ ~ q r -_ -_ ~ O ' vi u j I ~ ro ~- P Q o ~ q e rr ~ .J ~y,'i ~ - -- - LEGEND W Pd' o ° 0" e ~ ~; °ti ~ U7 ~ iz ff1 Eund Reber & PC CoP LS 7378 I it ~BLDCK 6A~ ~ Pound Steel Pipe r ~ _ - _ ~ ~ - O Found Reber & Pl. cop LS ]569 ]2J,4n SF. o B Sef Reber & PI. Cop LS 7569 ter u.. - ._ _ ~ o ~ Eiec MC bonslermer I o-___/___ a -mN ~ B Sfleet __ - - - ~"S r ~a ^ye' 4 M1i - - - - - Und-=rgravnd Elec!nc LineM,^ - _~- ~, '+.... ~ o r ~ _ ~ ~'~ . q ~ LIT" 0~ E~IUAR~ I o ~~ i > ~J -~ ~ ~ ~ I °`~ - - -- ~ I' ~ i ~llfil' 2 ~ _ _~~ ~ 8 u[m o owti' zeo o ~I ~ i ccr~ do ~. t f ~ 9 a W ~ ~ ~ _._._ ~__.~__.___.j m ;, ~ I ti e h I ro I ,ere y ter r y v; ^~' d o '° J I to practice land surveying in the State of Afdskd, this plat ~ _ - ~ represents c surroy made by me w under my dvecf supervison, the monuments shown hereon ocfucl/y es;sf as described. and ''] all dimensions and o!her de foils are rnrrect fo the norm of ~ralr ~., .y~' f ri standards o/ practice o{ land surveyors in the State of Aloska- lll ~ vas q1`~`~i i - - I- - - ' ~ ~ ~ ~ ~ ~ - ~ ~ GATE ~"~~~~ ~ Ae~ ~' ~ ~ : io Ancnor n -___~ ro'~~' ;ESmnt. :a:'~49th...~ !w~ -ia-.u amne. e ~ _ _ ~ L BD N895Y2YE 220.Oti" 5 .....:.........._. ......,_.........,...... s 3 ~ J w ~,rwm. Hwmoa ~cn,e~.;%r~°. ., ~ c A Street ,°e ~a+. is-/see : CD rrs R!w THIS aLar s~ I~ ~~ k CERTIFICATE OF DWNfRSNIP AND DEDICATION Wb hereby certi/y that we ore the owners of the real property Shown and described hereon and that we hereby adopt fhls p~vn of subdivision, and grant all eosemen is and pub/ic righ f-o/-ways by ovr /ree consent. Stole of Aloske Department of Natural Resources 550 west 7th Ave. Suite 650 Anchwoge, AK 99501-J576 Owner oI Fwmer Block .5, and the North 1/7 of B St. R.O W. NOTARY'S ACKNDWLEDGEMENT FOR SUBSCRIBED AND SWORN TO BEFORC ME JNlS DAY OF 20 NOTARY FOR ALASKA MV CJMMl55/ON fXPiRES Lily oI Seward P. D. Box I67 Seward, AK 99669 Owner of Former Block 6, dnd the Sovth 1/7 of B St. R.O.W. NOTARY'S ACKNOWLEDGEMENT FoR SUBSCRIBED AND DAY OF TO BEFORE ME THIS 20 NOTARY FOR ALASKA MY COMMISSION EXPoRES FEDERAL ADD1 rION A V IEC REPLA T A RESUBDIV/SCON OF~ BLOCKS 6 $ I5, FEDERAL ADDi 7lON LOCH IED WITHIN THE NW 1/4 SECAON IO TOWNSHIP 1 SOUTH, RANGE 1 WEST SEWARD MERIDIAN ALASKA i CITY OF SEWARD SEWARD RECORDING DISTRCC7 KENA.I PENINSULA @OROUGh' CONTAINING 3.333 ACRES CONE AND ASSOCIATES LAND SURVEYORS 416 41h AVENUE PO BOX 2103 SEWARD, AK 99564 (907) <"24-7314 FAx C907) P24-6088 DATE: 05/26/06 SCALE I"'=60' DRAWN: WNC F.O. BK: DRAWING NO: 07-66PP3 KP.B FILE $~ 2006- Sponsored 5y: Yoder L"' CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLITION 2007-07 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDIlVG THE SEWARD CITY COUNCIL APPROVE THE CONVEYANCE OF BLOCK 6 ALSO DESCRIBED AS: T 15 R 1W SEC 10 SEWARD MERIDIAN SW 0000004 ORIGINAL TOWNSITE OF SEWARD FEDERAL ADDN (SCHOOL RESERVE) BLK 5 TO THE STATE OF ALASKA (AVTEC) FOR EDUCATIONAL FACILITIES WHEREAS, The State of Alaska through the Alaska Vocational Technical Cerrter (AVTEC) has formally requested the conveyance of the real property described as "Block 6" T 1S R 1W SEC ]0 Seward Meridian SW 0000004 Original Townsite of Seward Federal Addn (School Reserve); and WHEREAS, The State desires to consolidate their underlying land holdings for the AVTEC facility to further support the mission of their educational programs; and WHEREAS, The subject property is currently occupied with the Old Armory Building in use by the AVTEC program and the new Distant Learning Building also used by the AVTEC program, driveways, parking and landscape; and WHEREAS, Block 6 is currently teased to the State of Alaska for purposes of operating an educational facility with a term through the year 2054; and WHEREAS, The City of Seward after public hearing, finds that ownership of Block 6 by AVTEC for educational facilities is an appropriate community devetopment use of the land and the use required of the original patent; and WHEREAS, Public utilities and drainage features exist across and/or within the subject property that will require field location, verification and corresponding easements for their preservation and maintenance; and WHEREAS, The conveyance, as proposed, is in the public's interest. The City is urged to request other lands in exchange for this transfer, such as the State Shop Site, Fi$h and B Street parcel, and acreage behind Forest Acres; 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 conveyance of municipal lands. Ir 10 Seward Planning and Zoning Commission Resolution 2007 - 07 Page 2 NOW, THEREFORE, BE TI' RESOLVED by the Seward Planning and Zonin Commission that. g Section 1. The Planning and Zoning Commission has reviewed the request and recommends that the Seward City Council approve the conveyance of flock 6 and finds the transfer of ownership is in the public's interest and the public health, safety and welfare will be preserved through such action Section 2. The Planning and Zoning Commission finds the conveyance of Block 6 is not contrary to the Seward Comprehensive PIan 2020 or to the Seward Strategic Plan of 1999 and is generally supported by the goals, objectives, visions and values concerning educational facilities, stated therein Section 3. The Planning and Zoning Commission finds that certain utilities that exist, or may be required in the future, on the subject parcel and, drainage features associated with the proper drainage of adjacent private properties and public rights of way require preservation by easement in the platting process. The transfer shall, therefore, be subject to the following provision: I. The State of Alaska shall provide, or cause to be provided, a field assessment for existing and potentially required drainage features, utilities and other features of the parcel, including entry and exit access to and parking for Two Lakes Park in cooperation with City of Seward staff to be preserved by easement or other forms of reservation prior to final platting. Section 4. This resolution shall take effect immediately following its adoption PASSED AND APPROVED by the Seward Planning and Zoning Commission this 5th day of April, 2007. THE CITY OF SEWARD ~ ~ ~ rianna Keil, Char J 11 Seward Planning and Zoning Commission Resolution 2007 - 07 Page 3 1 ~" AYES: Anderson, Ctark, Hohl, Keil, Roach', Smith NQES: None ABSENT: Hicks ABSTAIN: None ATTEST: e~Atuuai~~e ~~~, ~~ ~O ~~'' Q'9 ,~~i (City Seal) V .GALA R.qr~. ~ _.... O': ®. : S~hs.~ :, l c ~ ~ ~_ Jean, ewis, City' Jerk 12 _ City of Seward, Alaska Plarsning Commission Minutes Apri15, 2007 Volume 6 Page 178 Williams discussed conversations with AVTEC regarding perpetual easements, parking and access to the park. In response to Keil, Williams surmised the High School was built over the right-of--way in 1956. He stated the details of the transfer would be decided upon by Council. Keil spoke in support of the vacation as submitted. Hohl stated the square footage Being given away would limit the City's negotiation with the Block 6 conveyance. Commission recessed from 9:15 to 9:25. Keil .read Kenai Peninsula Borough Code allowing, in some cases, the enure width of the vacated right-oF--way to attach to one parcel. Hohl read the State Statutes attaching the width in equal proportions with one exception. In response to Hohl, Williams stated the Planning and Toning Commission in their advisory role was to review this item prior to being decided on by Council. !n fiuther response to Hohl, Williams stated the 6`" Whereas clause was refereeing to the City Manager. Motion Passed Yes: Anderson, Clark, Keil, Roach', Smith No: Hotel T-" Resolution 2007-07, of the Seward Planning And Zoning Commission of the City of Seward, Alaska, recommending the Seward City Council approve the Conveyance of Block 6 also Bescribed As: T 1S R 1W SEC 10 Seward Meridian SW 0000004 Original Townsite of Seward ' Federal Addn (School Reserve} 13LK b to the State of Alaska (AVTEC) for Educational Facilities Williams stated this was the companion resolution to the preceduig vacation. He outlined the current use of the property. He noted the provision in Section i . Notice of public hearing being posted and published as regaired by law was noted and the public hearing was opened. Kerry Martin, inside city limits, recommended disposal of the property but stressed the need to receive adequate compensation. He outlined some of the available State property. In response to one of Martin's suggested properties, Randy Stauffer, inside city limits, clarified the State's ownership claims for resources in navigable waterways. No one else requested to be heard and the public hearing was closed 13 City of Seward Alaska Plarming Commission Mimrtes _ Sri! 5 Zp07 Valume 6, Page 179 Williams clarified the City of Seward dud nat have school powers and would not likely be operating a school on the site. Mo#on (Anderson/Clark) Approve Resolution 2007-07 W illiams confirmed for Anderson that his recommend~ons were included in the resolution. Anderson discussed her access concerns into Two hakes Park. Motion (Anderson/Hohl) Amend Section 3. item 1 following `other features of the parcel,' add `including entry and alit access to and parking for Two Lanes Park.' Hohl spoke in support of the amendment and stated this should also be addressed in the platting process. Williams spoke is support of the need for access to be outlined in the resolution. Anderson discussed the need to have access on the North end of the property. Williams stated the State owned the parcel on the North end and they would have control over the traffic flow, He stated the provision for access could be used as leverage by the Council. Commission discussed the most appropriate language far the amendment. Motion Passed Unanimous Kell and Roach' discussed the public's interest in the conveyance. They noted AVTEC and private business' contributions to the community. HohI stated this asset had monetary value in either cash or trade. She supported obtaining comparable compensation. Hohl noted the City could pay the Federal Government to remove the educational restric4ons. Motion (AndersonlHoht) Amend the 7"' Whereas Ctaua following `interest.' to add `The City is urged to request other lends in e=ehange for this transfer, each as the State Shop Site, Fifth and B Street parcel, and acreage behind Forest Acres.' Williams suggested the Commission send a letter to Council with their recommendations. 14 City of Sewart~ Alaska Planning Commission Minutes April S, 1007 Volume 6, Page 1$0 Smith supported no# giving the land away, but stated the negotiators should be allowed to nego#iaie the best deaf. Roach' and Hoht spoke in support of the amendment Hotel stated it was cleaner to outline the Commission wishes in one document. Clark supported Counci}'s ability to negotiate. Anderson spoke in support of her amendment, but suggested following up with an additional lekter. Motion Passed Yes: Anderson, Clark, Aohl, Roach', Smith No: Kell Main Motion Passed Unanimous By general consensus, the Commission directed Administration to write a letter to ,_.__ CouacH with recommendations regarding conveyance of Block 6. Unfinished business January 4, 2007 Regular Meeting Minutes Hotel suggested postponing the minutes one more time to allow her to submit her amendments in writing by Monday to the Executive Liaison. Motion (AndersoNClark) Approve January 4, 2007 Regular Meeting Minutes Motion (Hohl/Clark) Postpone the January 4, 2007 Regular Meeting Minutes Terry read SCC §2.10.060 allowing Council Members to allow their remarks to be reflected in the minutes verbatim. She noted in the absence of Rules of Procedure for the Commission, Council rules were followed. Kell spoke against the postponement. Motion Failed Yes: Hotel, Roach', Smith No: Anderson, Clark, Keil Hohi began her amendments to the minutes. Clark and Keil discussed their concerns with Hotel's amendments. 15 Sponsorod by: Yoder `"' CITY OF 5EWARD, ALASKA RE5OLUTION 2007- 037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA AUTHORIZING THE NEGOTIATION FOR THE CONVEYANCE OF BLOCK 6 ALSO DESCRIBED AS: T 1S R 1W SEC 10 SEWARD MERIDIAN SW 0000004 ORIGINAL TOWNSITE OF SEWARD FEDERAL ADDN (SCHOOL RESERVE) BLK 6 TO THE STATE OF ALASKA DEPARTMENT OF LABOR ALASKA VOCATIONAL TECHNICAL CENTER (AVTEC) FOR EDUCATIONAL FACILITIES WHEREAS, the State of Alaska ("State") through the Alaska Vocational Technical Center (AVTEC) has formally requested the conveyance of the real property described as `Block 6" T 1S R 1W SEC 10 Seward Meridian SW 0000004 Original Townsite of Seward Federal Addn (School Reserve); and WHEREAS, the State desires to consolidate their underlying land holdings for the AVTEC facility to further support the mission of their educational programs; and WHEREAS, the subject property is currently occupied with the Old Armory Building in use by the AVTEC program and the new Distance Learning Center Building also used by the AVTEC program, driveways, parking and landscape; and WHEREAS, Block 6 is currently leased to the State of Alaska for purposes of operating an educational facility with a term through the year 2054; and WHEREAS, the City of Seward, finds that ownership of Block 6 by AVTEC for educational facilities is an appropriate community development use of the land and the use required of the original patent; and WHEREAS, the public utilities and drainage features exist across and/or within the subject property that will require field location, verification and corresponding easements for their preservation and maintenance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section I. The Seward City Council hereby authorizes negotiation for the conveyance of Block 6, also described as: T 1S R 1W SEC 10 SEWARD MERIDIAN SW 0000004 ORIGINAL TOWNSITE OF SEWARD FEDERAL ADDN (SCHOOL RESERVE) BLK 6 to the State of Alaska, Alaska Vocational Technical Center, for educational facilities. `.. 16 CITY OF SEWARD, ALASKA RESOLUTION 2007-037 Section 2. The Seward City Council authorizes the City Manager to begin negotiation with the State of Alaska for the disposal of Block b OTS to achieve terms satisfactory to both parties for the transfer of the parcel subject to the following provision: The State of Alaska shall provide, or cause to be provided, a field assessment for existing and potentially required drainage features, utilities and other features of the right-of--way, in cooperation with City of Seward staff, to be preserved by easement or other forms of reservation prior to final platting. Section 3. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 23rd day of April, 2007. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor AYLS: Dunham, Valdatta, Thomas, Bardarson, Amberg, Shafer NOES: None ABSENT: Schafer ABSTAIN: None ATTEST: ~r !e Lewis, C C Clerk``~~ (City Seal} e `oti.~ pE S~S~'i es,, . z d '' .;yc' 1e~~. ~v 'y~ ~. J J 17 City ofSewa~d, .4lnskn Ciiv Council .4ainuies April 29,.2007 Voli~ine 37; f'nKe 9S2 ;; , ; for the estimated cost of th$ improvements, and the next step was to infoiin the property owners \ = (who may have increased) that the Cinal costs were calecdated and the assessmentwas going Corward. The property owner who sold the lots should have told the purchasers about this assessment anal the estimated cost at the time of the sate. Motion Passed- Unanimous UNFINISHED BUSINESS -None NEW BUSINESS Resolutions Resolution 200?-037, authorizing the negotiation Car the conveyance of Block 6 also described as: T1S, RI W, Section l0 Seward Meridian 5W 0000004 Original Townsite of Seward Federal Addition (School Reserve) Block 6 to the State of Alaska Department of Labor. Alaska Vocational Technical Center (AVTEC) for education facilities. Yoder stated this projectwas a long tiniecoming. If had recently gone throughtle planning commission and AITTEC had been using the land belonging to the city. AVTEC was no~v asking the city to transfer the land to them. Motion (Thomas/Amberg) Approve Resolution 2007-03T Council conveye<f their wish to negotiate this eons=eyance acid expressed their wishes to go fanvazd in discussing a land swap. Parking and .First Lake access was err important issue and: concern to the council. Yoder assured the council parking and access was a large part of the negotiations up to this point. Motion Passed Unanimous Resolution 2007-038, recommending Kenai Peninsula. Borough approval of the Vacation of ~`B" Street between First Avenue and Second Avenue. Motion (Thomas/Bardarsm~} Approve Resolation 2DD7-038!- Motion Passed [Jnanimous Resolution 200'1-041, authorizing the city' mnnttger to pursue environmental permits for the "2047 Red Line" alignment for the Nurth Forest Acres Levee/Road Project, and to pursue property acquisition... Yoder directed council to the. levee alignment comparisons before them. The ~`Ited Line" version was. the-most acceptable to agencies. It was requested by the agencies That soinc tots he purchased td lie turned into a conservation easement. An appraisal had been requested ofMacSwain 18 Cfry uf5ewmrl, Alaska Septernher 8, 2008 City Council ,t-finutcs --~e-~cccreanon was painting bathrooms, the Hoben Park Fountain was completed, and Sports and Rec was busy with leagues, tournaments, and various community events. ... h1 other areas, the final price of the Long Term Care Facility construction was $21 million and change, which was down $2.3 million from the Unit Company bid, as directed by the council. Oates thanked Frank Dahl and The Pit Bar for their many contributions and fundraisers in the last year. The City of Seward received their recertification a_s a Tsunami Ready community along with attaining the Storm Ready designation. Informational sheets on the two ballot propositions went out in utility bills this week as well as online. Oates met with the Chamber to discuss these initiatives and the efficiency study. Council had conducted two work sessions on the efficiency study, and more were to come. Oates hoped to get through these issues before the budget lime. City Attorney's Report, Cheryl Brooking stated the attorneys gave advice on taxes and fees, proposed contracts, resolutions, ordinances, administrative matters, employment issues, ballot and voter qualification issues, aspects of the proposed levee project, options to extend leases, lease amendments, and provided infornation on flood management. With regard to the Stnall Boat Harbor and SMTC, the attorneys provided assistance with various harbor and SMIC land use matters such as harbor compliance, environmental issues, leases and contracts. The attorneys continued with on going mediation and settlement discussions with the Resurrection Bay Conservation Alliance lawsuit. Port and Commerce Advisory Board Report. Ron Long stated the board passed a ,,._, resohrtion to come forward to recommend a zoning district and potential uses for south harbor uplands. The board thought it best to be less restrictive in the uses allowed and many possibilities were suggested. He welcomed Kari Anderson as an ex officio member of the PACAB and ntourned the loss of'staff, as Anne Bailey would no longer provide administrative support to the board. A vacancy iv=as created by a member who was not attending meetings anymore. The next work session topic was the introduction of the harbor budget and their next resolution would be a recommendation to council on what to do with the 250-ton travelift policy and storage area. Other Reports, Special Presentations Vice Mayor Willard Dunham gave a report on the AML Summer Conference of Mayors. OTI-IER NEW BUSINESS Discussed, reviewed and sought guidance on the A~'TEC land exchange concept. Community Development Director Bob Hicks briefed the council on thepresent situation with the AVTEC land exchange concept. After much discussion and information presented, council directed staff to continue the land exchange project. Discussed scheduling the Economic Work Session. Oates briefed the council and public on the ,.~ letter received by the ChamberofCvmmerce, who had declined participating in this suggested work session. After discussion, council directed staff to not schedule another economic work session. 19 .;~> MEMORANDUM DATE: October 27, 2008 TO: Tim Barnum, Electric Utility Manager Jeff Estes, Field Engineer Tom Clemons, Police Chief David Squires, Fire Chief Stefan Nilsson, Building Inspector W.C. Casey, Public Works Director Christy Terry, Community Development Director FROM: Donna Glenz, Associate Plann SUBJ: Replat of Blocks 6 and i 5, Federal Addition, AVTED Replat AVTEC and City Administration have submitted the following replat. This replat will re- subdivide Blocks 6 and 15, Federal Addition_ This is the Second Avenue AVTEC facility, the area West of Second Ave., between A and C Streets. Please return this memo to Community Development by Friday, November 7`~ so that your comments can be included in the work session and the CUP staff report. Planning and Zoning Public Hearing is scheduled for November 1 S, 2008 at 6.30 pm. fl I Have No Comments On this Case I Have Comments On this Case: (attach separate sheet if needed) Comments: ,~ ~~ ~rr ~ I~C~~~G -F~'CI ~/ ~~~i Date lJ T~'Ec-~~c ~~ 20 MEMORANDUM DATE: October 27, 2008 Toy `/ Tim Barnum, Electric Utility Manager Jeff Estes, Field Engineer Tom Clemons, Police Chief David Squires, Fire Chief Stefan Nilsson, Building Inspector W.C. Casey, Public Works Director Christy Terry, Community Development Director FROM: Donna Glenz, Associate Plann SUBJ: Replat of Blocks 6 and 15, Federal Addition, AVTED Replat AVTEC and City Administration have submitted the following replat. This replat will re- subdivide Blocks 6 and 15, Federal Addition. This is the Second. Avenue AVTEC facility, the area West of Second Ave., between A and C Streets. Please return this memo to Community Development by Friday, November 7`s so that your comments can be included in the work session and the CUP staff report. Planning and Zoning Public Hearing is scheduled for November 18, 2008 at 6:30 pm. ^ I Have No Comments On this Case ~f I Have Comments On this Case: (attach separate sheet if needed) Comments: ~!-t ~~~~r~c 4 ~,~~, n..ads wri'~~c.~ eu~sewt~~s ~'~ ~~ el<c~.; o ~~r/r~~~s / ^ T~...~ SL,M... - KvrCC ~vil~~`/yS ~f-~ar.T C.~r~ nd7 Ui7~;,. p(4~~a1 ewsu„a.~s. I ~ CS~ia.r.. e,.. e~r~w,~.d ~."5t-) ~/G /'+9vrs ~ a~d;~;o,,.r~ e•stn.e..'~s to alloti.. el~Gfi-.~ 1 I /~ 1 t ~ y`~'~ Cw Sr U+' pOWN ~ ~,0 21c~ ~- A 'r'1c. nr°~~), an. ~ aw..: t~ ~ /"._. ~ . ~ ~ ~v /tGt . R YS vr~~ ~il~'~ ~`cJ t~w t~ ~c~ ~ ^, . ~~-- ~.- !~/3/aY Signed Date p/N i G wrW 21 O S ~ ~ ~ `~ s ~ ~- ~ N N I CALLANAN REPLR ~ - N _ -~ ~_ Firs f I Avenue I G h~. k. ~~ .c, ~ eE m U i ~ ~ - ~ ~,1 N=e (n ~ r N _ ~ m QI ~ ~ m N ~g I ~-w ~l >• R 1 i r: r ti I ;: I I I. I ~" J ,____-- so, 0 Second Avenue ~ I I I I ~ I ~, ~I ml v I = I I I 60.00' ~ ~ _ T ~ - - ~ _ 1 I NI I I I -~I ti ~ ~ I VI m I II I - 1 ~_ .l. __ -I - N00'00'28 £x310.01' _ ' T BLOCK ] ~ ~ 60, r I r ~ 6LOCK 1~ ~ f D0. 10] r ~ I 149.90 I ~ I I ~ I I ~ ~ I i I I I C I ~I I I I m l ~ ~ ~ l a l I~ ti I °I I I N I- I I I m l ~ l~ l~ I I I ~ ~ ~ V v I I I I I I I I I I lm° I C I I ~ ~ i I ~ ~---~---J--1--1---1---J ~---~-- --~--~- -1---~- -~ so,oo' ~--J--~--~- - - - - U. S. S. 703 - - - - - - - T - - - s - - - - - - - - - - -- a~ ,~ First Avenue ti _ ,~ ~g~ ~ w~ ~ _- --- --- ---- --, ~ . ,- ~. , ~ MEMORANDUM DATE: October 27, 2008 TO: Tim Barnum, Electric Utility Manager Jeff Estes, Field Engineer ~om Clemons, Police Chief David Squires, Fire Chief Stefan Nilsson, Building Inspector W.C. Casey, Public Works Director Christy Terry, Community Development Director FROM: Donna Glenz, Associate Plann SUBJ: Replat of Blocks 6 and 15, Federal Addition, AVTED Replat CppY AVTEC and City Administration have submitted the following replat. This replat will te- subdivide Blocks 6 and 15, Federal Addition. This is the Second Avenue AVTEC facility, the azea West of Second Ave., between A and C Streets. Please return this memo to Community Development by Friday, November 7t° so that your comments can be incladed in the work session and the CUP staff report_ Planning and Zoning Public Hearing is scheduled for November 18, 2008 at 6:30 pm. ^ I Have No Comments On this Case I Have Comments On this Case: (attach separate sheet if needed) Comments: 1. ~-b AP~6~-rs -F~-sc'E, 1s N~-} A Gt_~-~ +„a~+~~ ~oa-~ w,~6 wccaas w~}l~~w-~ ~o-r,S arl'~v •l,t o~}hEr S7c~aPs~~~. ~5 kti,ecs Prov~S~aNJ }e Al1QW 'H-~5? Z. ~'}' Pp?~~ -Fl,Ece -s Na }wcn Arow,na W~kti~v~~ -ProPt~}v' ~ ~S ~ti,C~r- ~,-~oV1~~tn1s -~-o rallOa ~k15', 0 Signed Date o~ct~~ oa p~~,~~ls 23 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2008-18 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, GRANTING A CONDITIONAL USE PERMIT TO CIRI ALASKA TOURISM, CORP. dba KENAI FJORDS TOURS TO CONSTRUCT AND OPERATE A 16 ROOM EMPLOYEE BUNKHOUSE ON TRACT A, CLEARVIEW SUBDIVISION NUMBER 3, LOCATED WEST OF ALICE STREET BETWEEN RESURRECTION BOULEVARD AND PHOENIX ROAD WITHIN TFIE AUTO COMMERCIAL ZONING DISTRICT WHEREAS, CIRI Alaska Tourism dba Kenai Fjords Tours (KFT) has applied for a Conditional Use Permit (CUP) to construct and operate an employee bunkhouse on Tract A, Clearview Subdivision Number 3; and WHEREAS, the property is located West of Alice Street between Resurrection Boulevard and Phoenix Road, within the Auto Commercial Zoning District (AC); and WHEREAS, in accordance with the Land Uses Allowed Table (15.10.225), employee bunkhouses are allow within the Auto Commercial Zoning District (AC) by Conditional Use Permit (CUP); and WHEREAS, having complied with the public notification process; on November 18, 2008, 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. In accordance with SCC § 15.10.320 (D), the Planning and Zoning Commission has reviewed the applicant's request for a CUP to construct and operate a 16-unit employee bunkhouse on Tract A, Clearview Subdivision Number 3, and made the following Findings of Fact: 1. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and the purposes of the zoning district. Finding: This condition has been established or shall be through the conditions. The property is located within the Auto Commercial Zoning District (AC). Employee 24 Seward Planning and Zoning Commission Resolution No. 2008-18 Page 2 of 5 bunkhouses are allowed in the Auto Commercial District by Conditional Use Permit. 2. The value of adjoining property will not be significantly impaired Finding: This condition has been established or shall be through the conditions. 1'lte neighboring properties are a mix of residential and commercial uses. The parcels adjoining to the west and northwest are currently vacant land zoned Auto Commercial (AC) and owned by the CIRI Corporation. The parcels directly to the north across Resurrection Boulevard are zoned Two-Family Residential (R2) and contain single family homes. The parcel to the south and southwest is a large, approximately 15 acre undeveloped tract currently zoned Resource Management (RM). This tract of land contains a large azea of wetlands and is currently used as a horse pasture. The parcels to the east across Alice Street are zoned Auto Commercial (AC) and currently contain commercial structures, the Marina Motel and the GCI cable building. There is no indication the development will negatively impact the value of any of adjoining properties. 3. The proposed use is in harmony with the Seward Comprehensive Plan. Finding: 'T'his Condition has been met. There is an identified community need for seasonal housing in Seward, and development of a bunkhouse for seasonal employees is consistent with the Sewazd Comprehensive and Strategic Plans. In order to improve the appearance of Seward throughout the city, the Comprehensive Plan recommends continuing to require landscaping plans as part of conditional use permits, where feasible. Seward 2020 Comprehensive Plan (approved by Council, 20Q5) The Comprehensive Plan recommends continuing every effort to encourage the development of affordable housing for Sewazd's growing housing needs. Strategic Plan (1999) The Strategic Plan encourages the expansion and availability of affordable, diverse, year-round housing. (page 18) • Seward has a wide range of housing alternatives to meet the varied needs of Sewazd's long term and seasonal residents. The Strategic Plan also promotes residential and commercial development inside the City (page 9). • Encourage construction of residential and seasonal housing at all market levels. 4. Public Services and facilities are adequate to serve the proposed use. 25 Seward Planning and Zoning Commission Resolution No. 2008-18 Page 3 of 5 Finding: This condition has been established or shall be through the conditions. Water, sewer, and power are available to the property; however City staff has indicated that upgrades to the services may be required to adequately cover the increased demand. The developer has met with City staff and is aware of these conditions. Adequate fire, police and solid waste disposal services are available to the property. City code also requires that every building or building site within the City must provide containers suitable for refuse collection (SCC 14.05). All construction waste and debris must be removed weekly and upon completion of construction. 5. The proposed use will not be harmful to the public safety, health or welfare. Finding: This condition has been established or shall be through the conditions. There is no evidence bunkhouse development will cause any additional concerns to public safety, health or welfare. The construction shall meet all current building and fire code requirements and be reviewed through the building permit process. Adequate fire, police and solid waste disposal services aze available to the property. Landscaping and/or the retention of as much of the vegetative barrier to the north and northwest aze intended by the developer. 6. Any and all specific conditions deemed necessary by the commission to fulfill 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: Prior to the issuance of a building permit, the applicant shall submit a dimensioned site plan which identifies sixteen (16) on-site pazking spaces for the bunkhouse, and the vehicle ingress and egress route. The applicant shall also identify delivery access and egress for service vehicles. 2. Construction waste and debris shall be removed weekly and upon completion of construction. A bear safe garbage plan shall be approved during the Building Permit process. 3. The applicant shall continue to work with staff through the building permit process to address and accomplish the required upgrades to the public utilities. 4. The applicant shall make every effort to retain a natural vegetation greenbelt between the project and Resurrection Road. Upon completion of the project the applicant shall re-plant those areas disturbed by the construction. 5. Exterior lighting shall be approved during the Building Permit process in 26 Seward Planning and Coning Commission Resolution No. 2008-18 Page 4 of 5 accordance with SCC§15.10.215(h.)(l.) 6. The Planning and Zoning Commission may modify this conditional use permit if changed uses no longer conform. to the standards and legal requirements justifying its present approval, or if the permittee applies for a modification to meet a different development plan that conforms to the standards and legal requirements for approval of a conditional use permit. 7. Any proposed modification plan shall be subject to the public notice and public hearing requirements of law, which shall occur only after payment of the filing fee established by resolution of the city council. Section 2. The Planning and Zoning Commission finds the proposed use, subject to the above conditions satisfies the criteria for granting a conditional use permit provided the conditions listed on Section 1, Subsection 6 are met by the applicant, and authorizes the administration to issue a conditional use permit to CIRI Alaska Tourism dba Kenai Fjords Tours (KFT} to construct and operate a 16-unit employee bunkhouse subject to the above conditions. Section 3. 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 confum the use conforms to the standards of its approval. Section 4. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 18`" day of November 2008. THE CITY OF SEWARD Mazgazet Anderson, Vice-Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: Two 27 P&Z Agenda Statement Meeting Date: November 18, 2008 Through: From: Christy Terry, Community Development Donna Glenz, Associate Planner ~Q~ W Agenda Item: Request for a CUP by CIRI Corp. dba Kenai Fjords Tours (KFT) to construct and operate an employee bunkhouse on Tract A, Clearview Subdivision Number 3, within the Auto Commercial Zoning District (AC). BACKGROUND & JUSTIFICATION: Kenai Fjords Tours (KFT) has applied for a Conditional Use Permit (CUP) to develop and operate a 16-unit employee bunkhouse on Tract A, Clearview Subdivision Number 3. This parcel is approximately 2 acres in size, to be found West of Alice Street between Resurrection Boulevard and Phoenix Road. The property is located in the Auto Commercial Zoning District. The parcel currently contains a warehouse and parking for the KFT buses and hazbor clients. An employee bunkhouse is allowed in the Auto Commercial Zoning District (AC) as a conditionally permitted use by Seward City Code, Land Uses Allowed, Table§15.10.225. SURROUNDING LAND USE AND ZONING: The intent of the Auto Commercial District (AC) is as follows: SCC§15.050.025, Land Use Districts--Established, Definitions, (8), Auto commercial district (AC). Intended to provide areas to accommodate highway-oriented commercial activities such as offices, certain institutional uses, and limited personal services and retail uses requiring substantial outdoor activity, traffic and parking, and which also serve the offices and nearby residential areas, and which do not materially detract from nearby residential areas. The neighboring properties are a mix of residential and commercial uses. The parcels adjoining to the West and Northwest are currently vacant and zoned Auto Commercial (AC), those parcels are owned by the CIRI Corporation. The parcels directly to the North across Resurrection Boulevard aze zoned Two-Family Residential (R2} and contain single family homes. The parcel to the South and Southwest is a large, approximately 15 acre undeveloped tract currently zoned Resource Management (RM). This tract of land contains a lazge area of wetlands and is currently used as a horse pasture. The parcels to the East across Alice Street are zoned Auto Commercial and currently contain commercial structures, the Marina Motel and the GCI cable building. There is no indication the development will negatively impact the value of any of adjoining properties. 28 Development Requirements: The proposed bunkhouse development meets the Zoning Code Development Requirements (Table 15.10.220), and Land Uses Allowed (Table 15.10.225) including building setbacks, lot coverage, building height, and minimum lot width. Floodplain status: According to the FEMA Flood Insurance Rate Map, a small portion of the Southwest corner of the property is located in a flood hazard area. The applicant intends to continue to use that portion of the property as open space for parking. Utilities: Water, sewer, and power are available to the property; however City staff has indicated that upgrades to the services may be required to adequately cover the increased demand. The developer has met with City staff and is aware of these conditions. Adequate fire, police and solid waste disposal services are available to the property. City code also requires that every building or building site within the City must provide containers suitable for refuse collection (SCC 14.05). All construction waste and debris must be removed weekly and upon completion of construction. Parking: The Zoning Code requires one parking space per guest room for lodging, rooming and boarding houses. Therefore the 16 room bunkhouse will require 16 on-site parking spaces. The parking plan indicates there is adequate space for the required parking for the proposed bunkhouse and the existing warehouse use. Landscaping: In accordance with Seward City Code § 15.10.235.L. All areas not devoted to buildings, drives, walks, parking areas or other authorized installations must be covered with one or more of the following: lawn grass, natural or ornamental shrubbery or trees. The applicant has stated within the proposed development plan the intent is to retain as much natural tree and vegetation growth as possible on the north and west portions of the property. CONSISTENCY CHECKLIST: There is an identified community need for seasonal housing in Seward, and development of a bunkhouse for seasonal employees is consistent with both the Seward Comprehensive and Strategic Plans. Both plans encourage economic development and growth. In order to improve the appearance of Seward throughout the city, the Comprehensive Plan recommends continuing to require landscaping plans as part of conditional use permits, where feasible. Seward 2020 Comprehensive Plan (approved by Council, 2005) The Comprehensive Plan recommends continuing every effort to encourage the development of affordable housing for Seward's growing housing needs. 29 Stratesic Plan (1999) The Strategic Plan encourages the expansion and availability of affordable, diverse, year-round housing. (page 18) • Seward has a wide range of housing alternatives to meet the varied needs of Seward's long term and seasonal residents. The Strategic Plan also promotes residential and commercial development inside the City (page 9). • Encourage construction of residential and seasonal housing at all market levels. Property owners within three hundred (300) feet of Tract A, Clearview Subdivision, were notified of this proposed conditional use permit action. Public notice signs were posted on the property, and all other public hearing requirements of Seward City Code §15. 01.040 were complied with. Staff received f~•.~ written public comments and these have been included in the packet. Mr. Capra's comments were received on November 10, 2008 and staff incorporated additional conditions for the CUP based on his concerns. If additional comments are received after this publication, they will be presented to the Commission at the November 18, 2008 meeting. PROPOSED CONDITIONS: The administration recommends imposition of the following condition for the permit: Prior to the issuance of a building permit, the applicant shall submit a dimensioned site plan which identifies sixteen (16) on-site parking spaces for the bunkhouse, and the vehicle ingress and egress route. The applicant shall also identify delivery access and egress for service vehicles. 2. Construction waste and debris shall be removed weekly and upon completion of construction. A bear safe garbage plan shall be approved during the Building Permit process. 3. The applicant shall continue to work with staff through the building permit process to address and accomplish the required upgrades to the public utilities. 4. The applicant shall make every effort to retain a natural vegetation greenbelt between the project and Resurrection Road. Upon completion of the project the applicant shall re-plant those areas disturbed by the construction. 5. Exterior lighting shall be approved during the Building Permit process in accordance with SCC§15.10.215(h.)(1.) 6. The Planning and Zoning Commission may modify this conditional use permit 30 if changed uses no longer conform to the standards and legal requirements justifying its present approval, or if the permittee applies for a modification to meet a different development plan that conforms to the standards and legal requirements for approval of a conditional use permit. 7. Any proposed modification plan shall be subject to the public notice and public hearing requirements of law, which shall occur only after payment of the filing fee established by resolution of the city council. 1t~CUMMENDATION: The Community Development Department staff recommends approval of Resolution 2008-18 granting a Conditional Use Permit to construct and operate a 16 unit employee bunkhouse to C1RI Corp. dba Kenai Fjords Tours (KFT), located on Tract A, Clearview Subdivision Number 3, within the Auto Commercial Zoning District (AC). The Resolution includes the conditions recommended above. 31 ~`~ 2 ~~ £ ~Q '~ O iT R S October 10, 2008 City of Seward Community Development Office Mrs. Donna Glenz PO Box 167 Seward, Alaska 99664 Dear Mrs. Glenz: Please find attached our conditional use permit application for our proposed facility at 211 Resurrection Blvd. Kenai Fjords Tours is requesting the City of Seward, Planning and Zoning department, review our application for an employee housing facility on this property. Kenai Fjords Tours is an important employer in Seward and we have been experiencing an acute shortage of housing for our employees. It has become challenging to find employees that have or can acquire their own housing during the summer season. We hope that this facility will help alleviate these concerns for us and also help ease the burden for other employers. The development on this 1.9 acre property currently consists of a warehouse and a parking lot. The lot is zoned auto/commercial and this proposed project fits within that zoning. The current parking lot covers over 70% of the property and has room for more than 100 automobiles. Parking for this facility will be contained on this property. Last year our parent company purchased three adjacent lots; Clearview No. 6, lots 20-22. These lots-will be used to further increase the available parking in this area next year, effectively doubling our parking capacity. We intend to leave the existing greenbelt on the north side, between this project and Resurrection Blvd, intact. The building itself is scheduled to be constructed of exterior painted siding with trim around doors and windows. The entrance and exit for the occupants will be facing south and access will be from the south side. There is ample parking available. Sincer , Ron Wille Operations Manager Cc: Dan McDonald PO Box 1889 • Seward AK 99664 32 7) 224-8068 • Fax (907) 224-8934 ~L'1~\. iSf.l~ :~.bf e~jy'.i > r - .r.*~ -:~ r;zv:a CITY OF SEWARD COMMUNITY DEVELOPMENT OFFICE P.O. Box 167 • Seward, Alaska 99fifi4 f907) 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 regufariy scheduled Planning and Zoning Commission meeting held the first Tuesday of each month. The application must be accompanied by the 5250.00 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 eievation plans for undevelor~ed land. APPLICANT INFORMATION Applicant: iri Alaska Tourism Cor . - dba/Kenai Fjords Tours Address: PO BOX 1889 Tele hone No.: p 907-224-8068 Property Owner {if other than applicant): Address: PROPERTY DESCRIPTION Telephone No.: Address: 1 Resurrection Blvd. Lot Size: 1.99 (acres/5F) Lot TR. A Block Subdivision (;I aryi yy SObd NO 3 Tax Parcel No. 145 -~p~Qg and Use Plar, Designation: DEVELOPMENT PROPOSAL INFORMATION -e Zoning Designation: Auto COmmerCial A. What structures are Located on the property? Warehouse _ B. What is the existing use of the property? Warehouse and Parking Lot C. What is the proposed use of the property_ Warehouse Bunkhouse and Parkinp'Lot D. What is your development time schedule? 2008-2009 CUP PFflMl7 71199 t of 3 33 h E. Prior to the Seward Planning and Zoning Commission granting a Conditional Use Permit {CUP), it shalt be established that the use satisfies the following conditions ISCC § 15.10.3201: The applicant hereby alleges that: The use is consistent with the purpose of the Seward Zoning Cnde and the purposes of the zoning district: Yes the current zoning is Auto/Commercial and this use is consistent with the zoning. 2. The. value of the adjoining property will not be significantly impaired: e value of the adjoing property will not be impaired. We abut two city streets and nother arcel owned by our parent company. a wi r~-e a uses an concre o is current) stored in this area an replace em wi a emp oyee ousing aci i y. We also plan to eave as muc as a exls ing green e u w acl i y and Resurrection Blvd as possible. 3. The proposed use is in harmony with the Seward Gamprehensive Plan: 4. Public services and facilities are adequate to serve the proposed use: Yes. there is accessible water and sewer located adjacent to this lot. 5. The proposed use will not be harmful to ih2 public safety, health or welfare: __No. this facility will help alleviate a current summer housing shortage in Seward. _~ Any and ail specific conditions deemed necessary by the commission to fulfill 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. CUP PFFMi7 71/99 2of3 34 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; cl parking configuration; d) driveways/access; e) natural features; and f) other pertinent information. ' 1 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: () Owner of record; f ) Lessee; { ) Contract Purchaser; 4c) Authorized to act for a person who has the following legal interest: Ciri Alaska Tourism Corp dha Kenai Fiords Tours 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. Applicant's Property Ov Enclosed: Fee: $250 (x ) Site Plan (x ) Elevation Plans (x J Location Map (x ) Other o„ , ,,p, (x ) S CUP PFAMIT 7 T/89 -c 3ot3 35 ~~ 0 L=57.00' R= 323.00' 69.9 22 ~ rn- Z y O ~ O \ ~ ~ ~ 0 21 RESURRECTION BLVD o S89 42'23"W 263.39' _ ----w-----------, SO' (- ~ f30.0' 1 fe.2" ~ ^~ a ~~a- ~~ ~. x,. ,r' ~.~ ,axe , ~, ,~ ~ ~o-4~ ~: Existing Bulldlnq ~ f2.0' ~ tie ~ . ~ ~' "~ b 12.0' ~{' ~.~ - y, w ,~ hr y~ t FI ~ Cy ° E. r , o' ^' ~t J ~ ~ IO'xz5' water Earoment `V I~ I ,~' o~ 2 ~ ~'I N89 21 '35 "E 304.88' PHOENIX ROAD 1 CLEAR~IEW SUBD, TRACT 5 DAIRY HILL SUED. 65' r b I ~ Z Wm. Nicholas Ciine p~~ .:......o'4W~'" ._ ESS101'~AL cERnFlcAnoN Boundary /ocatlon 1s per Plat 95-31 5eword Recording Disfr~l. Any easements, restrlcllons or buNdhg setbacks not shown an the raced documents noted hereon are not lnduded 1n this surnls There are other Improvements on this pane/ that are not Included 1n thls survey. 0 60 120 GRAPHIC SCALE LEGEND Found RB & Al. Cop LS 3753 ® Found R8 & Pt. Cap LS 7569 (, Found RB, replaced wllh RB & Pl. Cap, LS 7569 DATE OF SURVEY.• 10/03/2008 RECORD OOOUMEIJIS• P/a! No. 95-31, Seward Recording Olstrict Plat No. 2005-15, Seward Recording Dlsfrlct BUILDING LOCATION SURVEY n7ACT A CLEARVIEW SUBDIVISION N0. 3 wlthln 5e~cflon 3, T1N, R1W, SM„ Ak. CLINE & ASSOCJA TES !? O. 80X 2703 SEWARD, ALASKA 99664 9or-zz+-~.rra F1EL0 800K: 08-Oti pA7E:• 10/06/08 DWG: OB-38A SCALE.• 1 s60' -~- sl HC H.+iiN ~_ . ,B i><! 3 l Tl` P.. B EG R CitlhA ~ I.~K~ ~~ _~~~ ~~_e ~~a~L. ~' I r~--A--. s,-J... ~.L~~. -1-5: I~I ~-.--J~-. ~s---i.= I.L.__ry. I~ I I.Ti I.-. 11i- +. i`S-J. ~ 14::t ~ Ifh'~II 82-.-~i.--.53"1-{~'PYSV ~ lY~-4--~S8~s: ~J,.~iG'~ ~~+ ~ I. I_'Vi Y. 1i5. ~ I`5 ~ 1`3 LI4tN G aFi EH ~: a0 ~ M M m M __ Q BEAR .DRIVE __ _ _ > W O ~ _ w J _ w __ W X ~ . ~ W Z _ _ Z J J ~ O ~ W _ _ c) Tract A Clearview #3 Kenai Fjords Tours Bunkhouse CUP 0 130 260 Feet I I I N Alaska 40 Map Co. P8~Z Resolution 2008-18 Drawn By: D.Glenz Between Resurrection Blvd & Phoenix Rd oa<0: P $ Z meeting of 11/18/2008 RECEIVED P.O. Box 1574 212 Resurrection Blvd. Seward, Alaska 99664 C~OV I ~ 2D08 Per. z,.o~_ 1 ~ PAGE_..OF.~_ November 10, 2008 Seward Planning & Zoning Commission: I have some concerns and questions regarding Resolution 2008-18, granting a conditional use permit to CIRI Alaska Tourism, Corp to construct and operate a 16-room. employee bunkhouse on tract A, Clearview Subdivision Number 3. I have always regarded CERI- Kenai Fjords Tours as a good neighbor, and hope they will work with the city to address some my concerns and those of my neighbors. 1 ask that the following considerations be discussed, questions answered, and specific conditions set during your November 18 Public Hearing: ^ What is the real zoning difference between a bunkhouse, an apartment complex, a condo, etc. What makes a bunkhouse a bunkhouse? What kinds of restrictions are not placed upon bunkhouses that are placed upon other similar buildings? Are there other specifically zoned bunkhouses within or adjoining other family neighborhoods in Seward? ^ The bunkhouse will have 16 rooms. How many workers will be housed in each room? What will be the total number of residents be? ^ How will parking be planned to make sure cars don't line up along Alice Street and Resurrection Blvd.? ^ The draft resolution states that conditions have or shall be established for the following Finding of Fact: "The value of adjoining property will not be significantly impaired...There is no indication the development will negatively impact the value of any of the adjoining properties." -- What are the specific indicators that have determined there will be no negative impact? -- How were these indicators determined as criteria? -- What specific evidence is there that these indicators show there will be no negative impact to the neighborhood, especially the residential properties? -- In their permit application, CIRI states: "No, the value of the adjoining property will not be impaired." I would like them to address, with evidence, how they came to that conclusion. ^ I have been told that, during discussions with CIRI, the city recommended the building be placed in a different location on the property but that CIRI did not want to do this. If this is so, l would like specific details as to what the city recommended and why, and why CIRI did not agree. 41 ^ RECEIVED NOV 1 0 2008 Per Zcn`d- r~ PAGE.Z_OF_a The draft resolution states that the Comprehensive Plan encourages developing affordable housing for Seward's growth. The Strategic Plan lists a wide range of housing alternatives to meet the varied needs of Seward's long term and seasonal residents. I would strongly suggest that, although this philosophy is sound, there is a definite conflict between placing these "seasonal" needs right next to long term housing -- permanent, family homes. Although these homes are on the edge of Auto Commercial; Industrial and Institutional districts, at some point there needs to be a line drawn to protect family- oriented neighborhoods. I suggest we're starting to cross that line in the Clearview Subdivision with projects like this. 1 would like this issue discussed and the commission's philosophy about this aired publicly. ^ The draft resolution states that the developer intends the "retention of as much of the vegetative barrier to the north and northwest." Whatever the final plan, this needs to be a set, agreed-upon condition that has been approved by both the city and the nearby properties. It shouldn't be a question of ``intention." A high vegetative barrier needs to remain intact for privacy purposes. I would remind the commission that this is a 16- room, two story building. 'T'here are windows on that second floor looking over private homes. ^ In regard to the above, the commission should require that any outside lighting be shielded so as to not disturb family homes to the north. Garbage should also be shielded from view. ^ The draft resolution states that is no concern for public safety. I don't agree. We all know that the employees housed in the bunkhouse will not walk north to use the Seward Highway underpass in order to get to work. They will head south and ja}~~alk across the highway. They will do the same thing returning to the bunkhouse. This is a safety issue that needs to be addressed. ^ Determine what future plans CIRI has for the property. Will we be looking at increasing this to 24 or 36 rooms in the future? Will an increase require a further conditional use permit? Consider putting a limit on the total number of rooms that could be added. ^ How will the property be utilized in the winter when there are no or few seasonal workers? Will we be looking at future conditional use permits for situations that do not fall under bunkhouse use? If so, let's talk about that now. If not, let that be part of the record. When the property was rezoned not long ago, there was no talk of building a bunkhouse. It was assumed that it would continue in its current function. This bunkhouse has come as a surprise to those of us living on its edge. What other surprises may be in store? 42 In summary, I ask the commission to consider the above recommendations as well as those that. follow: R E CE 1VE~ ^ Reexamine the building's position to ensure that windows don't face PJO U 7 4 27L~~ family housing on the north. Consider that a requirement. Pef L~:C`~ _,~~, ^ Regardless of the final outcome, require that a strong vegetative barrier be PAGE ..OF.~ placed along the north and northwest boundary to protect the privacy of the fanlily homes, even if that means planting new trees. Require that outside lighting be shielded as well as garbage receptacles and any other items that would detract from a residential area. ^ Require that parking be adequate for the number of residents. 'l~he argument will be that most of these workers do not have cars. That may or may not be the case. There's no guarantee. An adequate amount of space per allowed resident must be allotted. ^ Consider how to mitigate the unsafe conditions caused by employees crossing the Seward Highway on their way to work, rather than using the underpass designed for that purpose. ^ Carefully consider the implications of extending "bunkhouses" onto the edges of pern~anent family subdivisions. Traditionally, these kinds of facilities have been located in the boat harbor area, and for good reason. Once you start allowing them into neighborhoods or along their edges, you're setting a precedent that begins to change the character of the town. ^ Finally, I want to say that 1 am not encouraged by the process of notification. As a nearby property owner, the first I heard of this officially was on Nov. 6, 2008 when I received a notice of the public hearing. if this is how public notification works (and I have no reason to believe that the process wasn't followed correctly), then the process needs to change. The perception becomes that plans have already progressed so far that it's pretty much a "done deal" -that meetings have taken place and deals have been struck. I'm not suggesting that's the case here, but I am suggesting that perceptions count and have much to do with maintaining the public trust. The city and CIRI certainly had no legal obligation to involve neighboring property owners in some of this preplanning, but it may have helped from the point of view of public relations. Sincerely, ~- ~~'`~ Doug Capra N4N~ ~t,~~,,~~ ~~1~0~0~ ~~~'~ ~ i wclu Lam. iw ~~PCtRtw~ ~ AC~_ 43 ~,, C F j _~ _ ;; ; - °- ' i 1 - -- _ nn __ _ __ m •~ _ ~.a r [~ V ~ .?_ l V t S l C7 r~ _- .~ ~qtf ~ y~/~q~ ~ `r LC~r'1rjE r!'1 S ~i~t~'~=~ A o ~. '- 1 .. . 8 0o I+'~7 ~'. _ 1~f [ i ~,, _ -- __ -- - -___. -- - - _ C c~~15 r~ ~ ~ o ~1 ~ ~ L-1 ~ __ _. ~ , ~ _ ~ _. __ - - €. _ . _ - pr, ~.~:-_~~ v~ 5 J { ~~ ~.~c~ ~j - err©c~~5 ~ ~~ ~ ~~v ~ct~~ ~` I ((~~ _ii~ 1 e i + ___ ~ Er~r'e~c~~5 ~hE df~vEw~ 5 c~Yne~ ~ ~Ow~ _._ 1 1 ` ~ I ~ l _ __ _._...... - ~ e _. _.. ... - i -i - 1 ~i_ ~ l ~ ~ ~ V~ b ~ 5 t __ _ :; G ~ 5 ~ v~ ~, q In , ,,~ 44 !°:i ECEIVED _ ~ V_.I 4...2008 _. _ __ AGE~:OF.~..' _ ~-- . __ . _ -- ~__ (' --~_ _ __ ~ --- -- _ __ ~ _ _ -- __ _ _ _ ___ ___ _ ___ ~~- _- -- -- -- _- s' ..~ E ~ -_ , _.„ _. -.. _._. 1.~__... _ _ 33111 ___ --- --- ~r ~~a ~.~ 5 i -- ~ h, _ -- __ __ ~1 ___ __ .~ ~ bL_k gel r/ i ~.,JS~ ~j ~ ~k_~c~ __~;,,n ~, ~ h ~~ Cd5 U - 5 -_ - -_ ~~, ~ r~Yr-iv- ,. -_ ____ __ ~ C_ 4 w --- - _ ~_ rn C ti ~ -___ --- __~-~~ irk ~`~_5-~_ ,, __ I - _- _ __ _ __ _.. _._ ~1 _ ~~ ~ ~l + y ~_ -_ __ ----5 ____ __ _ __ __._ -_ Ali - _ _ - ~ ____ _ _ _ _- -- _- __ _ c~~, _..__ _ __ E-- ~. ~. _ ~_ «_ _ i _. _ _5 _ _ __ _ _ __ _ ___ _ - - '' i ~ 1;'~ ___-_ 11 ~ e ~-~ -- - __ _ _ __ --_ _ -~;1--- - -- ~ wQ_~/o -- -- -- -- -- ---.. ;'3t-_.._ i ~ --_. i _ ~ : S ~ b~ ~ ~t~7 ~~C~ ~~~ 1 "Y --- - _- _ - ___ ___ f --~, ii __- _ _._-_ _~._ --- -.- - ~'~ -~fl~2 C=_~_O~__ 4~C'c~r:'t EC~: _ ~c 45 ~`-~ J - ___ - - PAGE.3.OF.3. ~ II _ - _- I _ ~ -- - ~ ~ _ -,~ ~ - ._ -_ -- ___ s++ - --_ - _ __ _-_ _- ~_ (~ ~` _- ,~ _ _ ::. - _ F~ ~ ~ A - _ _ ._ \_ - _ __ ~ y --- 5 __ .~ __ _ ~ - 3.i S v . Div a, c~ ~__1~c L~~_ ~:,hc) 5 ~v~~~q_~-,~ G ~"~ lint ,; at ~ 1 ~L L ~ g~~~a ~~~~ ~~E ~ ~a; ____ --7 ., . ;; I _. :~,~ ~" Xf i p...:. ~,,} RECk`.1VED NOV 14 2DG8 Per.Co~wt._aEV. ~ ~~~~~ ~CJ~/~~ /r~~~;~ ~,, ~ ~ ~dz ~ ~ ~- ~~ ~ 6~~ ~~ ~ ~ ~~~~ ~~ 47 ~ ~ ~ ~ . ~- ~~ ~~ ~~ ~~. ~~~~~ tom- ~~ ~te- ~~ ~~~ ~~ ~:~ ~~~t ~ ~u~~~~ /.~~~fc~h ~ ~ `" RECEIVED NOU ~ ~ 2G0& Per~w.+w~..E?Qv. ;PAGE.Z.C~~_ 48 ~ ~ i ~ 1, ~(~ / C'Sui'CGT ~-~ :S ~~t ~.~~:~ ~~~s~ a r~~ r ~~?1j~~r~~ ~- ~~~, ~`~ nc'~~S IFS J (U~~ ~~~~ ~ ~ >-. ~' _ 4.' ....r a NO~I ~ 4 208 ~„_ _ p ,~ ~~ ~~ i, ~~ f r~ ~ , , c ~ f'o--~ C l l~ ~ ~ l~s~a ~c~~,~~~, % t~.~. 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GS~~L,y~~ c;~ ~7~Ze- ~ .ct yrrl~t ~-r, ;*~ ~ t~~`- / yr 5> -.-a-°i ~' ,~ ~~.__- L~r ,- 51 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2008-19 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, GRANTING A THIRD SIX 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 LOCATED IN A CENTRAL BUSINESS ZONING DISTRICT (CBD) WHEREAS, on April 5, 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 504 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 WHERF,AS, (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 October 4, 2007 by Resolution 2007-17 the Planning and Zoning Commission issued a six month extension to the original CUP 2007-03; and WHEREAS, on May 8, 2008 by Resolution 2008-10 the Planning and Zoning Commission issued a second six month extension to the original CUP 2007-03; and WHEREAS, Tom and Lori Swann have submitted written request for a third sixth month extension to CUP 2007-03 stating there have been no changes to the original plan. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. Circumstances have not changed sufficiently to warrant reconsideration of the Conditional Use Permit 2007-03 issued to Tom and Lori Swann on April 5, 2007; extended by Resolution 2007-17 on October 4, 2007; and extended by Resolution 2008- 52 Seward Planning and Zoning Commission Resolution 2008-19 Page 2 of 2 10 on May 8, 2008 to develop an 11 room hotel. Section 2. Conditional Use Permit number 2007-03, issued to Tom and Lori Swann on Apri15, 2007 is hereby granted a third extension until Apri19, 2009. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 18th day of November 2008. THE CITY OF SEWARD Margaret Anderson, Vice-Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: Two ATTF,ST: Jean Lewis, CMC City Clerk (City Seal) 53 P&Z Agenda Statement Meeting Date: November 18, 2008 Through: Christy Terry, Community Developi~nt Director From: Donna Glenz, Associate Planner(~~~( Agenda Item: Request by Tom & Lori Swann for a Third Six Month Extension of Conditional Use Permit 2007-03 BACKGROUND & JUSTIFICATION: On Apri15, 2007 the Planning and Zoning Commission issued a Conditional Use Permit to T'om and Lori Swann to construct and operate an 11-room hotel at 504 Adams Street. The Commission issued a six month time extension to the original Conditional Use Permit 2007-03 on October 4, 2007 and a second extension on May 8, 2008 after fmding that Tom and Lori Swarm's plans to expand the facility at 504 Adams Street had not changed. Tom and Lori Swann have submitted a request for a third 6 month extension to Conditional Use Permit 2007-D3, stating there have been no changes to the project. 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 Seward 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 or are planned. Tom and Lori Swann noted the time delay of the planned development of the 11-room hotel was due to another construction project. The applicants have noted the planned development ofthe hotel has been delayed until the spring of 2009. CONSISTENCY CHECKLIST: Yes No Comprehensive Plan Strategic Plan Not applicable X RECOMMENDATION: Staff recommends approval of Resolution 2008-19, granting Tom and Lori Swann a third six month extension to Conditional Use Permit 2007-03. 54 Planning and Zoning Commission City of Seward POB 167 Seward, AK 99664 RE: CUP extension for 504 Adams Street. Dear Commissionaires, I am asking for another extension on the CUP for my hotel project at 504 Adams Street. There have been no changes to the project. Unfortunately because of another project this one has been delayed and will not be pulling building permits until spring 2009. I appreciate your support. Sincerely, Tom Swann POB 905 Seward, AK 99664 55 SEWARD PLANNING & ZONING COMMISSION CONDITIONAL USE PERMIT N0.2007-03 Extension by P&Z Resolution 2007-17, 10/04/2007; Extension 2, by Reso 2008-10, 5/8/2008 ISSUED TO: Tom and Lori Swann A Swan Nest Inn P.O. Box 905 Seward, AK 99664 EFFECTIVE DATE: April 15, 2007 LOCATION: E2/3 of Lots Z 1-23 & E2/3 of S 1 /2 of Lot 24, Block 17, Original Townsite of Sewazd, 504 Adams Street This Conditional Use Permit is granted by the Seward Planning and Zoning Commission to Tom and Lori Swann to develop an 11-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, upoa 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 standazds 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 subj ect to a public hearing and a filling fee set by Ciry 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 not changed sufficiently to warrant reconsideration of the approval of the conditional use permit. A 56 /~ Conditional Use Permit 2007-03 Page 2 request for an extension must be submitted prior to the expiration of the pemut. A public hearing 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. Extended by Reso 2007-17, October 4, 2007, Extended by Reso 2008-10, May 8, 2008 THE CITY OF SEWARD, ALASKA ~' ~- , l nna Glenz Associate Planner RETURN TO: Planning Office City of Seward P.O. Boa 167 Seward, AK 94664 -c 57 City of Seward, Alaska October 21, 2008ing. Call to Order Planning Commission,~Iinutes b'olume 6, Page 2 3 6 The October 21, 2008 Special Meeting of the Seward Planning & Zoning Commission was called to order at 6:30 p.m. by Chair Marianna Keil. Opening Ceremony Commissioner Heinrich led the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil presiding, and Sue McClure Margaret Anderson Steven Heinrich Cindy Ecklund comprising a quorum of the Commission; and Christy Terry, Community Development Director Anne Bailey, Executive Liaison Absent was: Sandie Roach' City Administration Report Community Development Director Christy Terry updated the Commission of the following business items: • Christy Terry introduced herself as the Community Development Director and explained the staff changes that occurred due to the Efficiency Study and the Cormnunity Development Department priorities. • The Seward Bear Creek Flood Ser~7ce Area Board had a vacancy for the inside city limits seat. • Hicks conducted a two day FEMA training regarding floodplain management and would hold another two day training session. Staffwould be able to take the test and obtain the flood plain certification. • On October 24, 2008, Terry would attend an Economic Forum in Kenai. • Property owners at 303 2"d Avenue were sent a letter regarding bunkhouses (provided as a lay down) and the issue could be brought before the Commission as an appeal. • Terry would issue a Flood Plain Development Permit to Leif Olson for lus property north of the airport. Olson obtained a no rise certification from an engineer and completed all requirements outlined in the Seward City Code. 58 City of Seward, Alaska Octoher 21, 2008ing. Planning Commission .'Minutes Ifolume 6, Page 2 3 7 • The railroad did not require a Flood Plain permit to dump fill in the north railroad settling pond. • The Long Term Care Facility was moving forward and almost all the builduigs were up. • The State General Election would occur on November 4, 2008 and absentee voting would be available until November 3, 2008 at the City Clerk's office. The Planning and Zoning meeting had been moved to Thursday, November 6, 2008. • The City of Seward would host a Preparedness Exercise on November 8, 2008 at the Railroad Terminal from 8:00 a.m. to 2:00 p.m. and at Moose Pass from 1:00 p.m. to 4:00 p.m. • Congratulated Keil for being elected to City Council. • Welcomed Cindy Ecklund to the Planning and Zoning Commission. In response to Keil, Terry explained the bunkhouse ruling process and stated the definition of a bunkhouse per the Seward City Code. The Commission discussed the bunkhouse issue further. Other Reports, Announcements & Presentations - Planning and Zoning Budget Presentation and Discussion Terry stated the Finance Department was unable to attend. "Terry discussed the Boards and Commission, Engineering and Construction and Community Development Department budgets. She explauied the variance between 2008 and 2009 and line items that afTected Conununity Development and the Planning and Zoning Commission. Ecklund voiced her disappointment that the finance department was not in attendance and was glad the Commission received the actual expenditures. She asked for more detail on the Community Development budget. Terry explained the Community Development Department budget in further detail. The Commission further discussed the budget. Citizens' Comments on any subject except those items scheduled for Public Hearing - Approval of Agenda and Consent Agenda - Motion (Heinrich/MeClure) Approve the Agenda and the Consent Agenda Motion Passed Unanimous Consent The following items were approved on the Consent Agenda: 59 City of Seward, Alaska October 21, 1008ing. Planning Commission Minutes Volu»ie h, Page 2 3 8 Resolution 2008-15 Granting a Six Month Extension to Conditional Use Permit No. 2008-03, Issued to Nathan Orr to Remodel and Construct a 22 Unit Motel on Lot 3A, Block 18, Federal Addition, Orr Replat, 909 Fourth Avenue, within the Central Business Zoning District August 19, 2008 Special Meeting Minutes Unfinished Business Items requiring a Public Hearing -None New Business Items requiring a Public Hearing - RESOLUTION 2008-16 Recommending Kenai Peninsula Borough Approval of the Preliminary Replat of Lots 21-25, Block 26, Original Townsite of Seward, Griswold Replat, Located Between 400 and 406 First Avenue Terry referred to a lay down from the property owner atld she reviewed Resolution 2008- 16. She explained the use of the parcels and stated the property was not located within a FEMA mapped flood. plain hazard zone. Keil noted her concern with Jefferson if Lowell Creek tunnel became blocked but she confirmed this area was not a hazard area. In response to Anderson, Terry stated the parcels were under the same ownership. 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 (McClure/Heinrich) Approve Resolution 2008-16 Heinrich clarified that the petitioner was not present. In response to Anderson, Terry confirmed that this plat would go to the Kenai Peninsula Borough. Keil stated it appears the Commission accepted the staff findings and the report. McClure asked if she could not vote on this plat in order to vote at the Borough Platting Committee. She explained her circumstances. The Commission discussed McClure's request to abstain. Terry requested a recess to research this further. 60 City of Seward, Alaska Planning Commission Minutes October 21, 2008ang. Itolume 6, Page 2 3 9 The Commission recessed at 7:04 p.m. and reconvened at 7:10 p.m. Terry stated this issue needed to be clarified in the Planning and Zoning Rules of Procedure. She explained that if tlus was Council the Commissioners would be required to vote but does not apply to Planning and Zoning Commission. Keil concurred that this should be addressed in the Rules of Procedures to give the Planning person an opportunity to recues themselves from the vote in order to carry Seward's concerns to the Borough Planning Commission. McClure stated she would vote on this issue but this needed to be addressed. Motion Passed Unanimous Unfinished Business -None New Business - Approve the 2009 Planning and Zoning Meeting Schedule and Public Hearing Cut-off Dates Terry noted there were clerical errors in the 2009 P & Z meeting and work session schedule agenda statement. She discussed the 2009 schedule. Motion (Heinrich/McClure) Approve the 2009 Planning and Zoning Commission Meeting and Agenda Cut-Off Dates Motion Passed Unanimous Consent Discuss the 2009 Federal and State Legislative Priorities Terry explained the Federal and State Legislative Priority Resolutions that would go before Council. In response to Ecklund, Terry stated the one page descriptions of the priorities were completed but would be developed after Council approval. Keil noted that Seward had a comprehensive list of wants. Anderson stated her disappointment that highway improvements were not a higher priority. She mentioned that liquefied gas may be transported to Seward putting more pressure on the highway. Ecklund stated it would be beneficial to see the list from last year and concurred with 61 City of Seward, Alaska Planning Comnxission Minutes October 21, 2008tng. Volume 6, Page 2 4 0 Anderson on the need for transportation improvements. Keil suggested the Commission send comments to the Department of Transportation in regards to the road issues and provide their priority comments to Council. Terry stated she would provide the Commission with last year's state and federal priorities and the Cotmnission could provide her or the Clerk's office with their comments. Keil clarified the Commission would not make a recommendation at this time. Informational Items and Reports (No action required) -None Commission Comments - Anderson congratulated Keil on her election to City Council and was disappointed the APOC proposition was not approved. She stated her term expired in February and she did not plan on reapplying. McClure congratulated Keil, concurred with Anderson in regards to APOC and welcomed Ecklund to the Corrunission. Ecklund congratulated Keil, encouraged Anderson to stay nn as a Commissioner and stated she would not be at the next Planning and Zoning meeting. Anderson welcomed Ecklund to the Commission and stated she would be out of town until November 10, 2008. By general consensus, the Commission cancelled the November 6, 2008 Planning and Zoning Regular meeting and scheduled a Special Meeting on November 18, 2008 at 6:30 p.m. Keil thanked the Comtxiissioners and stated she had enjoyed sensing on the Commission. Citizens' Comments -None Commissions and Administration Response to Citizens' Comments -None Adjournment Meeting adjourned at 7:24p.m. Anne Bailey, Executive Liaison (City Seal) Marianna Keil Chair 62 Agenda Statement Meeting Date: November 18, 2008 To: Planning and Zoning Commission From: Community Development Director Christy Agenda Item: Discuss and provide comments on Ken Borough Ordinance 2008-36 BACKGROUND & JUSTIFICATION• Public Works Director Kevin Lyon contacted our department on Monday, November 11, 2008 asking for Commission recommendations on the proposed ordinance implementing a moratorium on the issuance ofplats and development in the Seward-Bear Creek Flood Service Area. The proposed ordinance will be introduced on November 18, 2008 and is scheduled for a public hearing on December 8, 2008. While City Administration STRONGLY supports the reduction of flood hazards in our area and agrees WHOLEHEARTEDLY that action must be taken for the entire watershed, there are questions and concerns that are not clearly addressed in the Ordinance. I would prefer to bring this item to the Commission with a complete report and additional answers, but because of the shortened hearing schedule set at the Borough, it is important for the Commission to discuss and make a recommendation(s) at tonight's meeting. Any additional information will be presented to the Commission with as much notice as we are able to provide. Here are some of the concerns and questions generated by the City Administration: 1) Will the Seward Bear Creek Flood Service Area Board have an opportunity to take public comment and make a recommendation? The Board's Meeting Agenda for November 17, 2008 does not include this item. 2) Sections 1 and 2 of the Ordinance do not clearly define the area where subdivision plats will be suspended. The title ofthe Ordinance suggests the moratorium will take place within the Sewazd Beaz Creek Flood Service Area, but this is not clearly stated elsewhere in the ordinance. The Planning and Zoning Commission acts in an advisory role in the borough platting process. Will proposed subdivisions within city limits be suspended? This is not the verbal intent of the Borough, but will this be an unforeseen consequence? 3) Section 3 exempts all federal, state and municipal public projects, but this should be clarified to define what is meant by a public project. Will this exemption allow the replatting and development necessary to construct the North Forest Acres Access Road and Japanese Creek Levee? This is an important flood mitigation project to protect our citizens and infrastructure. Will electric utilities be allowed in the floodplain? Do these constitute a public project when initiated by a private land owner? 4) Verbally the Borough has said they will also exempt utilities (GCI, TelAlaska). This should be part of the Commission's review prior to supporting the ordinance. 5) Section 5 needs additional clarification on what constitutes a violation. The section refers back to the ordinance, but the ordinance is restricting the processing and approval of subdivision plats and permits, not specifically restricting development. 6) Is 12 months an appropriate tirneframe for the proposed moratorium? RECOMMENDATION: Commission discuss and make a recommendation(s) to the Assembly regarding Ordinance 2008-36. The Administration recommends the Commission object to the ordinance in its current form and request the Borough provide a modified version, clarifying questions and concerns, for further review by the Commission. 63 Introduced by: Mayor Date: 11/18/08 Shortened Hearing: 12/02/08 Action: Vote: KENAI PENINSULA BOROUGH ORDINANCE 2008-36 AN ORDINANCE PLACING A MORATORIUM WITHIN THE SEWARD-BEAR CREEK FLOOD SERVICE AREA ON THE ISSUANCE OF PLATS UNDER KPB TITLE 20, SUBDIVISIONS, AND PERMITS UNDER KPB CHAPTER 21.06, FLOODPLAIN MANAGEMENT, FOR 12 MONTHS PENDING ADOPTION OF REGULATIONS WHEREAS, flooding occurs in the Seward-Bear Creek Flood Service Area (SBCFSA) annually; and WHEREAS, a federal disaster has been proclaimed within SBCFSA three times since 1986; and WHEREAS, the Flood Insurance Rate Maps (FIRMS) are outdated and inaccurate; and WHEREAS, the Federal Emergency Management Agency (FEMA) is in the process of preparing new FIRMs; and WHEREAS, there has been millions of dollars in damage to private properties and public infrastructure over the past 20 years caused by flooding events; and WHEREAS, gravel deposits are steadily and rapidly increasing in SBCFSA streams, and the risk of flooding and related loss increases; and WHEREAS, subdivision and development in SBCFSA has increased dramatically since 1996, increasing flood loss potential; and WHEREAS, FEMA Disaster Assistance only provides a minimal amount of funding to repair damages to a home not covered by insurance to return it to a safe, sanitary, and functioning condition, but not to rebuild the home to current codes; and WHEREAS, merely returning the structures to their preexisting condition results in potential for repeated flood damage and destruction to the same properties; and WHEREAS, according to the 2005 KPB comprehensive plan enforcement of floodplain requirements is primarily through voluntary compliance and assistance from mortgage companies since the borough does not require building permits or inspections; and Kenai Peninsula Borough, Alaska New Text Underlined: [DELETED TEXT BRACKETED] Ordinance 2008-36 Page 1 of 5 64 WHEREAS, the City of Seward has permitting regulations in place to assist with flood issues in that area of the SBCFSA; and WHEREAS, KPB Chapter 21.06 contains the minimal regulations allowed by FEMA for floodplain management, and these regulations have not proved an effective tool for mitigating flood damage in the SBCFSA; and WHEREAS, allowing further subdivision within the SBCFSA encourages further development which will be unprotected from flooding; and WHEREAS, the administration is considering and researching a number of options to permanently reduce flood hazard in the SBCFSA; however, it will take time to adopt and implement these measures; and WHEREAS, the implementation strategies of the 2005 All -Hazard Mitigation Plan include enhancing floodplainpermit compliance, improving floodplain mapping, controlling flood damage, revising floodplain development and subdivision and road construction standards, implementing alternative floodplain management strategies, protecting the floodplain, and enhancing emergency preparedness; and WHF,REAS, at its meeting of the Planning Commission recommended and WHEREAS, at its meeting of November 17, 2008, the SBCFSA Board recommended NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. Processing and approval of subdivision plats pursuant to KPB Title 20 is suspended until November 17, 2009. SECTION 2. Processing and approval of permits under KPB Chapter 21.06, Floodplain Management, is suspended until November 17, 2009. SECTION 3. Federal, state, and municipal public projects are exempt from this ordinance. SECTION 4. A. Stream maintenance and restorative projects may be exempt from this ordinance upon recommendations by ahydrologist through the Public Works Director approved by the SBCFSA. The permit applications must still receive approval under the applicable code after approval by the SBCFSA board. Ordinance 2008-36 New Text Underlined: [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 2 of 5 65 B. Approval of the service areas board required by Section 4(A) prior to processing a permit application is waived if the mayor has declared a local disaster. C. Approval by the service area board required by Section 4(A) is waived if the mayor upon recommendation of the public works director or hydrologist declares time is of the essence to process the permit application and perform the stream work to protect life and property. SECTION S. KPB 21.24 is amended to add a new section as follows: 21.24.100. Seward-Bear Creek Flood Service Area moratorium violations and enforcement. A. Citation. A citation may be issued for violations of Ordinance 2008-_, placing a moratorium within the Seward-Bear Creek Flood Service Area on the issuance of plats under KPB Title 20, permits under KPB CHAPTER 21.06, Floodplain Management, and permits under KPB 21.18 Anadromous Stream Habitat Protection Ordinance. The citation may be issued to the property owner, his agent, contractor, tenant, or lessee ofproperty or building on property where the violation occurs. The citation shall state the fine, the ordinance or section violated, that the recipient is entitled to a hearing to contest the citation, and that the recipient is allowed to testify and present evidence and witnesses. The citation shall set forth the procedures the recipient need follow in responding to the citation, and consequences of failure to respond. B. Enforcement order. The citation may be issued in addition or independent of an enforcement order under KPB 21.24.050 to prohibit or prevent violation of Ordinance 2008- .The hearing and appeal for citations and enforcement orders related to violations of Ordinance 2008- shall be as set forth in this section. Violation of an enforcement order is subject to a $500 tine and is a separate violation from the violation which caused the enforcement order to be issued. Each day a violation continues shall constitute a separate and distinct violation. C. Answer; payment. The recipient may respond to the citation or enforcement order by paying the fine within 10 days of issuance of the citation or enforcement order or requesting a hearing on the citation form within 10 days of citation issuance. Failure to respond to a citation or enforcement order shall result in a Fine of $500 per day as long as the violation continues. Each day a violation continues shall constitute a separate and distinct violation. Kenai Peninsula Borough, Alaska New Text Underlined: [DELETED TEXT BRACKETED] Ordinance 2008-36 Page 3 of 5 66 D. Hearing. The planning director shall set the hearing giving at least 15 days' notice of the date, time, and place of the hearing. The director may delegate the role of hearing officer to another employee. For good cause the director may delay the date of hearing. The director shall set the agenda for the hearing and may call witnesses and request additional evidence. The director may allow for telephonic participation in the hearing. If necessary the director may continue the hearing to gather additional evidence or take the subjectmatterofthehearingunderadvisement. Upon the presentationofthe testimony, evidence, and witnesses, the director shall issue a written decision with supporting findings and conclusions within five business days of the hearing conclusion. The director may uphold the charge and fine, modify the charge, dismiss, or reduce the fine and issue whatever related compliance orders are necessary. E. Appeal. The recipient may appeal the director's decision to the planning commission within 15 days of the date the written decision is issued. Procedures for the planning commission hearing process shall be established by planning commission resolution. The recipient may appeal the planning commission decision pursuant to Part 6 of the Alaska Rules of Appellate Procedure to the Superior Court in Kenai, Alaska. F. Collection. Unpaid fines are collectible through filing actions in the trial courts of the State of Alaska and may include judgments for the fine, costs, and attorneys fees. Fines for charges appealed to superior court are subject to collection unless the appellant receives a stay pending appeal from the court. Arrangements for payment plans may be made by the director if the director determines it is in the borough's best interest. G. Pursuant to KPB 21.24.080, the remedies available in this section are cumulative to other remedies available to the borough under this chapter. SECTION 6. The effective date of this ordinance is retroactive to November 18, 2008. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS * DAY OF * 2008. ATTEST: Milli Martin, Assembly President Johni Blankenship, Borough Clerk Ordinance 2008-36 A'ew Texf L'nderllned [DELETED TEXT BRAChETCD1 Page 4 of 5 Kenai Peninsula Borough, Alaska 67 - ~~ KENAI PENINSULA BOROUGH ~ ~ 144 North Binkley Street • Soldotna, Alaska 99669-7520 d Toll-free within the Borough: 1-800-478-4441 ,~ PHONE: (907) 262-4441 • FAX: (907) 262-1892 ~~ """~j~ www.borough.kenai.ak.us ,. „ ~ ~~`~ DAVE CAREY BOROUGH MAYOR MEMORANDUM TO: Milli Martin, Assembly President Members, Kenai Peninsula Borough Assembly THRU: Dave Carey, Borough Mayor FROM: Scott Walden, Emergency Management Coordinator Kevin Lyon, Capital Projects Director Max Best, Planning Director Colette Thompson, Borough Attorney DATE: November 6, 2008 SUBJECT: Ordinance 2008-36, placing a moratorium within the Seward-Bear Creek Flood Service Area on the issuance of plats under KPB Title 20 and permits under KPB Chapter 21.06 for 12 months pending adoption of regulations This ordinance would impose a 12-month moratorium on platting and permits in the area of the Seward-Bear Creek Flood Service Area (SBCFSA). The following report, which provides facts supporting the need for this moratorium, is summarized from the All -Hazard Mitigation Plan, Chapter 2. Additional data, mapping, and photographic evidence may be submitted to the assembly in support of this ordinance. Flooding occurs annually in the SBCFSA. In 1986, 1989, 1995 and 2002, major fall rainstorms swept the Kenai Peninsula leaving widespread damage in their wake. The 1986, 1995, and 2002 events were substantial enough to be declared local, state and federal disasters. In 1995, the combined public and private flood damage was estimated at over 5 million dollars. The 2002 floods caused an estimated $24.5 million dollars in damage to roads and other public facilities and an additional $1.25 million in damage to private property. The flooding in Seward is drastic and peculiar because of its geophysical attributes. Although flooding occurs in many areas of SBCFSA, a majority of the property and infrastructure damage occurs in the Seward area. The City of Seward and outlying developed areas are located primarily on alluvial fan deposits, formed at the mouths of steep tributary valleys of Resurrection Bay. Streams that contribute to the alluvial fans include the Resurrection River, Box Canyon, Japanese, Lowell, Spruce, Fourth of July, Salmon, Glacier/Kwechak, Sawmill, and Lost Creeks. Page 1 of 3 68 Alluvial fans are areas of eroded rock and soil deposited by rivers. When various forms of debris fill an existing river channel on an alluvial fan, the river shifts to cut a new channel. Fast moving, debris filled water can cause erosion and flooding over large areas. Alluvial I'an flooding in the Resurrection River, Lowell, Spruce, Box Canyon, Japanese Creek, Fourth of July, and Salmon Creek drainages result in nearly annual road closures, property and infrastructure damage in the Seward area. Other eastern Peninsula alluvial streams which regularly damage road and railroad infrastructure include the Snow River, Trail Creek, Trail River, Victor Creek, Falls Creek and Ptarmigan Creek. The hazards associated with alluvial fan development have been repeatedly demonstrated in recent years as detailed in the AHMP http://w4vw.boroueh kenai ak us~emersency `haimit'~an htm . Following a disaster, FEMA funding for damage repair is typically based on the concept of in-kind replacement or "putting it back exactly as it was", which helps the community in the short term, but also means that similar damage will occur during the next flood cycle. As development continues to occur, potential for flood-related damage and loss increases. The FEMA Flood Insurance Rate Maps (FIRM) flood maps are currently the Borough's primary flood prediction and regulatory tool. These maps represent the flood risk that was present at the time they were completed. As time goes by and significant natural and man-made changes occur within floodplains, the maps become less accurate for predicting flood risk. This is particularly true of the rapidly changing alluvial streams in the Seward area. Many of the steep-gradient mountain streams originate in unconsolidated glacial deposits, which over time have created the alluvial fans and deltas. Flooding hazards associated with alluvial fans include: • high velocity (15 to 30 feet per second) floodwaters with tremendous potential for erosion, which can carry large amounts of sediment and debris, including boulders and trees; and ~ the inability to confine floodwaters to a single channel. As channels fill and meander, they are capable of threatening development over a broad area. Because the Seward area is largely comprised of steep mountains and alluvial floodplains, there is very little developable property that is hazard-free. Unfortunately, development and subsequent flood protection actions taken in one location often change or worsen the severity of flooding somewhere else. The question of how to protect life and property inside and outside of the mapped floodplains is difficult, often contentious, and continues to be the focus of ongoing community and agency efforts. Adding a layer of complexity for flood risk assessment is the rate and amount of land subdivision and subsequent development, which has been increasing steadily in recent years in both developed and remote areas of the Borough. In the last 30 years, residential and commercial development in the SBCFSA has further encroached on riparian wetlands and alluvial streams, flooding has become more frequent and severe. Roads, bridges, and culverts restrict stream movement and function as barriers to efficient water passage. Flood control structures require constant maintenance and have the potential for catastrophic failure or divert flood problems to unprotected areas. Page 2 of 3 69 Serious flooding has the potential to disrupt vital services such as water, sewer, power, and gas; can damage roadways, bridges, buildings, railroads, airport facilities, residential, commercial, and recreational development; and cause additional natural and environmental emergencies such as landslides. Damage to roads, bridges or utility infrastructure can directly and indirectly impact the facilities and their response capabilities or critical facilities which provide essential services for public health and safety, emergency response, and disaster recovery operations. Although the Bear Creek Fire Station, which provides emergency services to the outlying Seward area, is located across the Seward Highway from the mapped Salmon Creek floodplain, it has came close to flooding in recent years. This is mainly due to the fact that land subdivision and subsequent development in the area has restricted the stream to a limited portion of its fan. To address the rapid gravel deposition, the stream course and floodplain above and below the Bruno Road bridge has been subject to active dredging, bank armoring and levee maintenance activities for many years. Although gravel mining is also occurring in the Kwechak and Salmon Creek floodplains, it has not kept pace with the fan building capacity of the streams, which is a primary contributor to the flood issues in the SBCFSA. A majority of the air, land and water transportation infrastructure in the SBCFSA is subject to some degree of flood risk. The Seward Highway, Exit Glacier Road, Nash Road, and many of the secondary subdivision roads in the Seward area have been closed by past flood events. The Alaska Railroad closely parallels the Seward Highway through Moose Pass, Crown Point, and the Seward area. Flood damage to the railroad embankment and railroad bridges occurs regularly in places where the railroad crosses or parallels alluvial streams. Trail Creek and its tributaries, Snow River and its tributaries, the embankment along Kenai Lake, and the Ptarmigan Creek bridge crossing are all areas that have experienced problems with flooding and erosion in recent years. Because of the rapid increase of gravel deposits and rapid rate of subdivision and development, there is overwhelming potential for Further flood-related losses. The administration believes that it is imperative that a different regulatory approach be taken to the area within the SBCFSA to mitigate further flood damage loss. The administration is considering revisions to KPB 21.06, Floodplain Management; KPB Title 20, Subdivisions, a differential tax zone for an enhanced level of surface, a building permit program, a buyout of potential repetitive loss properties, and acquiring updates of FIRM maps. Ultimately, not all of these options may be viable; however, the administration believes that a 12-month moratorium will provide an opportunity to develop the best approaches to a permanent solution to the repeated flood problems in the SBCFSA. Shortened hearing is requested in order to avoid applications being filed prior to the effective date of the moratorium. Page 3 of 3 70 11/14/2008 2:18 PM Nana Kicney