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HomeMy WebLinkAbout01202009 Planning & Zoning PacketSeward Planning Commission Agenda Packet January 20, 2009 Special Meeting City Council Chambers Beginning at 7:30 pm Seward Planning & Zoning Commission Sandie Roach' Chair Term Expires 02110 Sue McClure Commissioner Term Expires 02110 Margaret Anderson Vice Chair Term Expires 02109 Vacant Commissioner Term Expires 02109 Steven Heinrich Commissioner Term Expires 02111 Vacant Commissioner Term Expires 02110 Cindy Ecklund Commissioner Term Expires 02111 Phillip Oates City Manager Christy Terry Community Development Director Anne Bailey Executive Liaison Special Mee 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 ilemJ 6. Approval of Agenda and Consent Agenda. [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a Commissioner so requests. In the event of such a request, the item is returned to the Regular Agenda.] Planning & Zoning Commission Special Meeting Agenda January 20, 2009 Page I 7. Public Hearings [Limit comments to 5 minutes. Those who have signed in will he 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 2009-01, Recommending the City Council Amend Land Uses Allowed Table 15.10.225. to Allow Lodging, Multi -Family Dwelling Apartment by Conditional Use Permit (CUP) Within the Harbor Commercial Zoning District(HQ ..................................................... Page 3 8. Unfinished Business — None 9. New Business — A. Set the Work Session topic for February 17, 2009 as the Annual Community Values and Comprehensive Plan review ...................................................... Page 12 * B. December 16, 2008 Special Meeting Minutes ............................................. Page 15 10. Informational Items and Reports (No action required) - A. Please plan to attend the Planning and Zoning Commission and Seward Bear Creek Flood Service Board Joint Work Sessions Revising SCC Chapter 15.25 Floodplain Management. These meetings will be held in the City Hall Upstairs Conference Room on January 20, 2009 from 6:30pm-7:30pm and January 22, 2009 from 6:30pm-9:30pm......................................................................... Page 24 11. Commission Comments 12. Citizens' Comments [Limit to S minutes per individual — Each individual has one opportunity to speak] 13. Commissions and Administration Response to Citizens' Comments 14. Adjournment Planning & Zoning Commission January 20, 2009 Special Meeting Agenda Page 2 Sponsored by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2009-01 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, RECOMMENDING CITY COUNCIL AMEND LAND USES ALLOWED TABLE 15.10.225. TO ALLOW NIGHTLY LODGING, WITHIN A MULTI -FAMILY DWELLING APARTMENT BY CONDITIONAL USE PERMIT (CUP) WITHIN THE HARBOR COMMERCIAL ZONING DISTRICT (HC) WHEREAS, the public requested a zoning change to allow nightly lodging within a multi -family apartment building within the Harbor Commercial Zoning District; and WHEREAS, the public notification process has been complied with. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends Council approval of Ordinance 2009-_, attached and incorporated herein by reference. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 20th day of January 2009. AYES: NOES: ABSENT: ABSTAIN: VACANT: Two ATTEST: Jean Lewis, CMC City Clerk THE CITY OF SEWARD Sandie Roach', Chair (City Seal) 3 Sponsored by: Planning and Zoning Commission Introduction Date: Public Hearing Date: Enactment Date: CITY OF SEWARD, ALASKA ORDINANCE 2009-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE TITLE 15, LAND USES ALLOWED TABLE 15.10.225 TO ALLOW LODGING, MULTI -FAMILY DWELLING APARTMENT BY CONDITIONAL USE PERMIT IN THE HARBOR COMMERCIAL ZONING DISTRICT (HQ WHEREAS, nightly lodging within a multi -family structure located within the Harbor Commercial Zoning District is currently not allowed; and WHEREAS, nightly lodging within a hotel, motel, lodge or inn is currently allowed by Conditional Use Permit within the Harbor Commercial Zoning District; and WHEREAS, nightly lodging within a multi -family structure is currently allowed by administrative permit within the Two Family (R2), Multifamily (R3), Urban Residential (UR), Office Residential (OR), Auto Commercial (AC) and Central Business (CBD) Zoning Districts of Seward; and WHEREAS, the Harbor Commercial Zoning District is intended to provide an area for tourist, and recreational, commercial or industrial enterprises which derive major economic or social benefit from a harbor location; and WHEREAS, Seward City Code § 15.10.225. Land Uses Allowed, subsection (b), provides requirements and standards for nightly lodging within the community; and WHEREAS, allowing nightly lodging within a multi -family structure by Conditional Use Permit in the Harbor Commercial District will not create any greater impact on the district than other nightly lodging type businesses currently allowed in the area; and WHEREAS, it is in the public interest to maintain a city code that is up to date and harmonizing with current community needs; and WHEREAS, at the January 20, 2009 meeting, the Planning and Zoning Commission held a public hearing and recommended City Council approval of the proposed Zoning Code amendment. 4 CITY OF SEWARD, ALASKA ORDINANCE 2009- Page 2 of 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. Title 15 Seward City Code Table 15.10.225 Land Uses Allowed is hereby amended as follows: [item in BOLD & ITALIC is added to the table] RR Rl R2 R3 UR OR AC HC CB I RM INS P Lodging, Multi- family dwelling P P P P P C P apartment Section 2. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THIS DAY OF 2009. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor 5 P&Z Agenda Statement Meeting Date: January 20, 2009 ' Through: Christy Terry, Community Development Director From: Donna Glenz, Associate Planner a el Agenda Item: Amending Seward City Code Title 15, Land Uses Allowed Table 15.10.225 to Allow Lodging, Multi -Family Apartment by Conditional Use Permit (CUP) within the Harbor Commercial Zoning District (HC) BACKGROUND & JUSTIFICATION: Administration received a request to amend the City Code § 15.10.225, Land Use Allowed table to allow nightly lodging in a multi -family structure within the Harbor Commercial Zoning District by Conditional Use Permit. Currently, nightly lodging within a multi -family structure is not allowed in the Harbor Commercial District. However, nightly lodging within a hotel, motel, lodge or inn is currently allowed by Conditional Use Permit. Nightly lodging within a multi -family structure is allowed by administrative permit within the Two Family (R2), Multi -family (R3), Urban Residential (UR), Office Residential (OR), Auto Commercial (AC) and Central Business (CBD) Zoning Districts of Seward. Attached for the Commission review and recommendation to Council is Resolution 2009-01 and the proposed City Council Ordinance change. This proposed Code change would allow nightly lodging within a multi -family structure located within the Harbor Commercial District by Conditional Use Permit. Seward City Code § 15.10.225. Land Uses Allowed currently provides Lodging guidelines as follows: Items 7, 8 and 9 specifically address multi -family lodging. (a) Table 15.10.225, land uses allowed, is incorporated herein by reference and the restrictions contained therein are mandatory unless otherwise modified by this chapter. (See Tables at the end of this Title.) (b) Lodging as defined in section 15.10.140(b) is allowed in accordance with table 15.10.225 of this chapter and subject to the following conditions: (1) Regardless of the date such use began, an annual administrative permit is required. Prior to issuing the permit, the city shall conduct an annual life safety inspection of each guest room to assure compliance with the current Uniform Building Code door/window egress standards, the presence of an operable and inspected fire extinguisher and adequate smoke detection systems, a posted evacuation plan, and visible signs showing exit locations. (2) Parking will be provided in accordance with section 15.10.215 of this chapter. FV Planning and Zoning Agenda Statement Page 2 of 4 (3) No cooking or cooking facilities are permitted in individual guest bedrooms. (4) Within single and two-family residential districts, lodging is limited to a home occupation within an owner -occupied dwelling which is the owner's principal place of residence and to the rental of not more than 50 percent of the bedrooms to a maximum of five. (5) In all other residential districts, lodging within single-family residences and duplexes is limited to a home occupation within the business owner's principal place of residence and to the rental of not more than 50 percent of the bedrooms to a maximum of five. (6) Within commercial districts, lodging is limited to the rental of not more than five guest bedrooms regardless of building or business ownership. (7) Multi -family dwellings used for lodging purposes are not required to be the business or property owner's residence. The use shall be limited to not more than five apartment units. (8) The rental of individual rooms for lodging purposes is not extended to apartment unit tenants. (9) Regardless of business name, the use of more than five guest bedrooms or apartments is considered a motel or hotel for building and other code interpretation purposes. 15.10.140. Definitions. Apartment. Any portion of a building which is designed, built, rented, leased, let or hired out to be occupied or which is occupied as the home or residence of an individual for daily living and doing his own cooking independently of any other individual or family in the same building (see "dwelling") Dwelling multiple -family. A building designed as a residence for three or more families, with the number of families in residence not exceeding the number of dwelling units provided and each living independently of the other under one roof. Lodging. The renting out of a dwelling, or portion thereof, to provide overnight sleeping accommodations for a period of less than 30 consecutive days. The use includes the providing of meals to overnight guests only. This use includes bed and breakfast, but does not include motel, hotel or hostel. 15.05.025. Land Use Districts -Established, definitions. (7) Harbor commercial district (HQ Provides an area for water -dependent or water -related uses with particular emphasis on transportation, tourist, recreational, commercial or industrial enterprises which derive major economic or social benefit from a harbor location. 7 Planning and Zoning Agenda Statement Page 3 of 4 The uplands surrounding the Small Boat Harbor were zoned Harbor Commercial in 1988. It is evident that the Harbor Commercial District has changed significantly over the past 20 years. A review of aerial photos visually documents the shift in the use of the harbor uplands from boat storage and repair to retail/service businesses (charter offices, hotels, restaurants, retail stores and tourist related uses), and public parking. As harbor development has evolved, industrial uses have generally been confined to the northern periphery, adjacent to the Industrial Zoning District. Today the Harbor Commercial Zoning District is comparable to the Central Business District in terms of development requirements, allowed uses and actual development and use. Currently the only multi -family structures within the Harbor Commercial District are the two structures known as the "Harbor Lights Apartments." In 1985 a Conditional Use Permit was granted to construct a 13 unit condominium complex on Lots 23-34, Block 8, Laubner Addition. Although these units were originally intended to become condominiums they have never been operated or sold as condos. The units have always been under a single ownership and operated as a multi -family apartment complex. Currently City Code does not allow Multi -family structures within the Harbor Commercial District; thereby making the structure and use non -conforming. Staff has received one recommendation of support from the Harbor Master, which has been included within the packet. Other departments of the City have voiced no objection to the proposed City Code Amendment. Consistency Checklist: Yes No NA Comprehensive Plan (2020) X 3.2.1 Promote residential and commercial development within the city of Seward in accordance with community values. (page 19) Promote expansion and development of local entrepreneurial businesses. (page 16) Strategic Plan (1999) X This plan recommends adjusting local development regulations where appropriate to encourage development that is consistent with the economic base vision (pg 5). Small Boat Harbor Management Plan (1993) X This plan states that commercial uses allowed in the Small Boat Harbor should be targeted to those that strengthen and enhance the Small Boat Harbor as a center for marine/tourist convenience uses and that do not detract from downtown's roles as the community's traditional consumer shopping and services center. a. Continue to limit small boat harbor commercial development to water related and water dependent uses only. N. Planning and Zoning Agenda Statement Page 4 of 4 b. Through zoning, designate a specific range of commercial uses to be allowed in the small boat harbor area — including public, commercial and marine industrial uses. (page 9) Small Boat Harbor Planning and Development Guide X Page 34 of the Guide states, "It ( the Guide) does not cover commercial and tourist activities and facilities in the harbor area" As per City Code § 15.01.040 Public Hearings; the public notice requirements were met. At the time of publishing this agenda, no public inquiry had been received. RECOMMENDATION: Commission approve Resolution 2009-01, recommending City Council adopt the attached Ordinance Amending Seward City Code Title 15, Land Uses Allowed Table 15.10.225 to Allow Lodging, Multi -Family Apartment by Conditional Use Permit (CUP) within the Harbor Commercial Zoning District (HC) Page 1 of 1 Kari Anderson From: Kari Anderson Sent: Wednesday, December 31, 2008 12:12 PM To: Donna Glenz Subject: RE: Harbor Lights "condo' apts I support issuing a conditional use permit for the Harbor Lights Condos to allow nightly lodging in 5 units (or less) in this multi -family dwelling in the harbor commercial district. This would not affect the zoning or regulations for any other harbor commercial building within the City of Seward. —Kari Anderson, Seward Harbormaster From: Donna Glenz Sent: Tuesday, December 30, 2008 4:34 PM To: Kari Anderson Subject: Harbor Lights "condo" apts Hi Kari, I would like to talk with you about the Harbor Light "condo' Apartments. As I am sure you remember we had a meeting with the owners at a Project meeting the end of November. They are now ready to move forward with one of the options we presented to them. I will be taking this forward to the P&Z commission in January but before I do that I want to just take a few minutes of your time and make sure you are in support of the change. The option they requested is to change the zoning code to allow nightly lodging within a multi family dwelling in the Harbor commercial zoning district. I would like to just chat with you about this for a couple minutes. You say when and I will be available. Thanks, Donna Donna Glenz Associate Planner City of Seward P O Box 167 Seward AK 99664 907-224-4048 - office 907-224-4085 - fax 1 /2/2009 10 ADMINISTRATION 2.30.310 (c) The commission shall not adjourn prior to 11:00 p.m. unless all presentations and comments by members of the general public have been heard. (Ord. 96-20) 2.30.225. Powers and duties.* (a) The commission shall perform the following duties: (1) Interpret the provisions of this title and make compliance determinations when requested by the administrative official; (2) Review and act upon requests for variance permits, conditional use permits, and other matters requiring consideration under the Seward Zoning Code; (3) Review the City of Seward Comprehensive Plan on an annual basis and conduct a minimum of one public hearing. Said recommendations shall be forwarded to the council for consideration; and (4) Promote public interest and understanding of comprehensive planning, platting, zoning, land management and other issues relating to community planning and development. (b) The commission shall act in an advisory capacity to the city council regarding the Seward Zoning Code, Seward Comprehensive Plan, Official Zoning Map, Official Land Use Plan Map, and other duties as requested by the city council. (c) The commission shall act in an advisory capacity to the Kenai Peninsula Borough Planning Commission regarding the following matters: (1) Subdivision plat proposals; (2) Right-of-way and easement vacation petitions; (3) Kenai Peninsula Borough Comprehensive Plan and Coastal Zone Management Plan development, updates and amendments; and (4) City of Seward Comprehensive Plan amendments not otherwise delegated to the City of Seward. (Ord. 426, 1976; Ord. 438, 1977; Ord. 492, § 1, 1980; Ord. 626, § 2, 1989; Ord. 92-09; Ord. 94-04) Article 3. Port and Commerce Advisory Board 2.30.310. Established. (a) The port and commerce advisory board is hereby created, consisting of seven residents of the City of Seward or surrounding areas, and who shall be appointed by the council. If there is more than one applicant for the position, the council shall appoint by ballot voting. (b) A chairman of the board shall be selected annually by the appointed members. *City Ord. No. 94-04 deleted historic preservation duties and created a separate historic preservation commission. See § 2.30.410 et seq. Supplement No. 06-1 2-33 12 Sponsored by: Planning and Zoning Commission CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2008-09 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION RECOMMENDING THE PLANNING COMMISSION PRIORITIES FOR 2008 WHEREAS, the Seward City Council Rules of Procedure, adopted March 14, 1994, state that the Council should meet in an annual joint work session with the Commission every March to address areas of mutual concern; and WHEREAS, the Commission and Council held a joint work session, updated and reviewed the Planning and Zoning 2007 Priorities List on March 25, 2008; and WHEREAS, at the April 1, 2008 meeting the Planning and Zoning Commission reviewed and prioritized the Priorities List; and WHEREAS, at the May 8, 2008 meeting the Planning and Zoning Commission reviewed and approved the 2008 Planning and Zoning Priority List; and WHEREAS, the Planning Department have adequate staffing to accomplish the priorities listed below. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The following List of Priorities for 2008 is hereby approved: PRIORITIES 1) Recruitment for P & Z 2) Rewrite of Title 15 3) Municipal Lands Management Plan (1995)- Update in conjunction with the Capital Improvement Plan and the City Land Disposal Policies and Procedures- Review and Update .. . • •. .: 5) Enforcement- inclusive of the following but not exclusive of other enforcement issues Code Violations and CUP'S (Adequate Staffing) 13 Seward Planning and Zoning Commission Resolution 2008-09 Page 2 of 2 6) Meet with Port and Commerce Advisory Board to discuss the South Harbor Uplands. 7) Waterfront Park Replat 8) Two Lakes Park Replat 9) Nash Road Bench Study .A 10) Annual Community Values Meeting- February 2009 FOLLOW PROCESS MADE BY OTHER ENTITIES AARC Master Plan Airport Master Plan Parks and Recreation Master Plan (1993) Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 81h day of May, 2008. THE CITY OF SEWARD, ALASKA Marianna Keil, Chair AYES: Anderson, Heinrich, McClure, Keil NOES: None ABSENT: Roach' ABSTAIN: None VACANT: Two ATTEST: Jean Lewis City Clerk, CMC (City Seat) 14 City of Seward, Alaska December 10, 2008 Call to Order Planning Commission Minutes Volume 6,, Page 2 3 6 The December 16, 2008 Special Meeting of the Seward Planning & Zoning Commission was called to order at 6:30 p.m. by Vice Chair Anderson. Opening Ceremony Vice Chair Anderson led the Pledge of Allegiance to the flag. Roll Call There were present: Margaret Anderson presiding, and Sue McClure Cindy Ecklund Steven Heinrich Sandie Roach' comprising a quorum of the Commission; and Christy Terry, Community Development Director Acme Bailey, Executive Liaison City Administration Report Community Development Director Christy Terry updated the Commission of the following business items: • The scheduled December Flood Board quarterly meeting was postponed due to the Flood Board attending the Assembly Meeting and rescheduling the meeting would be addressed in agenda item 10 B. • Kenai Peninsula Borough Ordinance 2008-36 placing a moratorium within the Seward Bear Creek Flood Service Area on development within a tloodplain was pulled from the assemblies agenda by administration. The City of Seward concerns had been resolved. • The Holiday Train brought 440 passengers to Seward and Terry congratulated the Chamber. • Guidian Garcia and Ralph Samuels from Holland America spoke at the Chamber lunch and provided the 2009 Seward schedule. Terry further discussed the cruise ship affect on Seward. • The Community Development Department would be closed for a half day on December 24, 2008 and all day on December 25-26, 2008. • Community Development had addressed basic zoning interpretations. • North Forest Acres Road Levee was issued a flood plain permit on November 21, 2008 and are waiting for a driveway permit from the Department of Transportation. Other Reports, Announcements & Presentations - None 15 City of Seward, Alaska December 16, 2008 Planning Commission Minutes Volume 6, Page 2 3 7 Citizens' Comments on any subject except those items scheduled for Public Hearing — None Approval of Agenda and Consent Agenda — Motion (Heinrich/McClure) Approve the Agenda and the Consent Agenda Roach' pulled the October 21, 2008 Special Meeting minutes from the consent agenda. In response to Roach', Terry noted the Disqualification for Bias of the Planning Commissioner email could be discussed with the Planning and Zoning Rules of Procedure. Motion Passed as Amended Unanimous The following items were approved on the Consent Agenda: Resolution 2008-19 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 Within the Central Business Zoning District (CBD) Special Items Election of Chair Election of Chair Motion (McClure/Ecklund) Request for Unanimous Consent Motion Passed Anderson opened the floor for Chair nominations. Elect Sandy Roach' as Chair Seeing no further nominations, nominations were closed. Unanimous Consent The Commission discussed nominations of the Vice Chair and determined Commissioner Anderson would remain Vice Chair. Unfinished Business Items requiring a Public Hearing — None 16 Cit , of Seward, Alaska Planning Commission Minutes December 16, 2008 Volume 6, Page 2 3 8 New Business Items requiring a Public Hearing — 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 Terry stated that the Right -of -Way agent, A] Burton, representing AVTEC was called and participated in the conversation telephonically. 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. Terry reviewed Resolution 2007-17 and outlined the negotiations that were reached with AVTEC. She stated the land exchange would appear before Council on January 12, 2009 and the replat would go before the Borough pending the Commissions decision. Terry explained that at the Borough Planning Commission meeting the reversionary clause was postponed until January 26, 2009 due to improper notice. Terry concluded that an additional plat note was added noting block 15A and the stream running through the property catalogued by the Alaska Department of Fish and Game as an anadromous stream. McClure recused herself from the discussion in order to vote at the Kenai Peninsula Borough level. Motion (Heinrich/Roach') Approve Resolution 2008-17 In response to Ecklund, Terry replied that the City asked to put the utility easement on the projected block 15A to meet the Electric Department's request. In further response to Ecklund, Terry could not address the negotiations in regards to other State property exchange. Anderson discussed the Commission's recommendation in April 2007 for the City to request other lands in exchange for this transfer and she mentioned her concern for the access to Two Lakes Park and the need for signage. In response to Ecklund, Terry discussed the access to the Park. Heinrich thanked those for putting the information together, noted that the public access to the parks was being preserved and stated he did not have a problem with the agreement. The Commission suspended the rules to allow Kim Mahoney from the Department of Transportation (DOT) to speak. 17 City of Seward, Alaska Planning Commission Minutes December 16, 2008 Volume 6, Page 2 3 9 Mahoney clarified other properties for exchange had been negotiated with Bob Hicks. She explained egress and ingress to the Park and the access agreement. In response to Ecklund, Mahoney discussed the land exchange in greater detail and noted that AVTEC did not have other property to exchange. She clarified AVTEC was a state owned property. Terry suggested the Commission send comments in regards to the exchange of other pieces of property and staff could draft a letter to be sent to Council. Motion (Roach'/Ecklund) Motion Passed Amend Resolution 2008-17 by changing the current Section 2. to Section 3. and add a new Section 2. Signage on Second Avenue be placed to identify the Two Lakes Park location and Parks and Recreation Maps should show access to the area. Unanimous Ecklund confirmed that administration would provide a copy of the minutes and prepare a letter regarding the land exchange for Council. Main Motion Passed as Amended Unanimous RESOLUTION 2008-18, 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 the Auto Commercial 'Zoning District Heinrich disclosed his wife was a CIRI shareholder and there may be a conflict of interest. In response to Terry, Heinrich stated this transaction did not pose a direct or indirect substantial financial interest was disclosed on the APOC forms. Terry stated it was up to the Chair's discretion to decide if it was a direct or indirect substantial financial interest to Commissioner Heinrich. Anderson determined that Heinrich did not have a conflict of interest on this issue. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. 18 City of Seward, Alaska Planning Commission Minutes December 16, 2008 Volume 6, Page 2 4 0 Doug Capra, inside city limits, discussed bunkhouse encroachment on neighborhoods and noted his desire to make this a model bunkhouse. He noted the need to enforce privacy and mentioned KFT had an employee contract and a resident supervisor for the bunkhouse. He discussed the public hearing process and recommended Administration encourage community meetings to streamline the process. Fran Sedtik, inside city limits, testified about bunkhouses in residential areas. She expressed her concerns about privacy and the quality of life. She continued to mention her bad experiences with bunkhouses. She noted CIRI was following protocol but said there may be an adverse affect from the bunkhouse in a residential area and the Commission should consider the established residents in the City. Dan McDonald, inside city limits, stated he was the General Manager for KFT. He expected the KFT employees to represent the company, noted the KFT housing laws and bunkhouse requirements were strict and mentioned the need for summer housing. He discussed the bunkhouse location, location of windows and doors and how he wanted the vegetation to remain. No one else requested to be heard and the public hearing was closed. Terry provided an update in regards to the illegal bunkhouse. She noted legal bunkhouses needed to be developed to avoid impacting residential areas. Terry reviewed Resolution 2008-18 and the conditions required for the bunkhouse. In response to Ecklund, Terry stated the main lot had been historically zoned auto commercial and the three lots to the west were the lots that had recently been rezoned auto commercial. In response to Heinrich, Terry explained the situations where Conditional Use Permits would come back before the Commission or become ineffective. Roach' referenced the auto commercial district definition. In response to Roach', Terry stated this bunkhouse would serve the KFT offices and was appropriate for the auto conunercial district. In further response to Roach', Terry stated different locations for the building were proposed by the utility managers to help mitigate expenses for the developer but KFT decided on the particular location. The Commission suspended the rules to allow Dan McDonald to speak. In response to Roach', McDonald explained KFT's decision for the bunkhouse location. In response to Heinrich, McDonald stated the warehouse would remain and the bunkhouse would serve KFT's housing need. McDonald explained why they chose to build a bunkhouse rather 19 City of Seward, Alaska Planning Commission Minutes December 16, 2008 Volume 6, Page 241 than an apartment. Motion (McClure/Heinrich) Approve Resolution 2008-18 Ecklund noted she'd like this built in another location and suggested it be moved to the southeast corner of the lot. She asked about the drainage problem with the area and commented on the bunkhouse design and mentioned the vegetation buffer. The Conunission discussed in great detail the need to retain a vegetation buffer between the project and Resurrection Boulevard. Anderson discussed the parking lot requirements and suggested having a secure area for bikes. Heinrich commented on the bunkhouse development and location and stated it would contribute to the City's tax base. Anderson spoke in favor of the bunkhouse location. Ecklund suggested making the highway crossing part of the house rules and addressed the notice ofthe public hearing and the process of holding community meetings. McClure thanked the members of the public for communicating with the owners of the property and stated a quality building would be built and hoped the contract with the residents be enforced. Roach' stated it would be a good asset for the community and discussed the concerns of the community. She reiterated the need for a vegetative barrier. The Commission further discussed a requirement for a vegetative barrier. The Commission suspended the rules to allow Larry Harmon to speak. In response to Ecklund, Larry- discussed the easement, the vegetative barrier and building requirements. The Commission further discussed creating an amendment requiring a vegetative barrier and considered a barrier on Alice Street. Motion (Ecklund/Roach') Amend Resolution 2008-18 by changing Section 1. #6 Condition # 4 to read "During construction, the applicant shall make every effort to retain a natural vegetation greenbelt between the project and Resurrection Boulevard. Upon completion 20 City of Seward, Alaska Planning Commission Minules December 16, 2008 Volume 6, Page 242 of the project the applicant shall plant an 8 foot vegetative greenbelt barrier." Motion Passed Unanimous Main Motion Passed as Amended Unanimous The Commission recessed at 8:15 p.m. and reconvened at 8:20 p.m. Unfinished Business — None New Business — Resolution 2008-20, Adopting the Rules of Procedures for the Planning and Zoning Commission Terry discussed the Disqualification for Bias of the Planning Commissioner and stated she would forward the memo to the City Attorney and the Attorney could contact the Borough Attorney. She stated the Planning and Zoning Rules of Procedure changes made at the last work session were incorporated in the packet. She congratulated and thanked the Commission for their work on this. The Commission further discussed the bias issue of the Planning Commission. Terry restated the changes made at the last work session were incorporated in the packet. Heinrich commented these rules are a guide and not the law. Motion (Heinrich/McClure) Motion Passed Approve Resolution 2008-20 Unanimous Set Joint Flood Board/Commission Work Session for updates to our Flood Plain Management Ordinance Terry suggested holding work session with the Flood Board on January 20, 2009 from 6:30-7:30 p.m. introducing the proposed flood plain code updates and on January 22, 2008 from 6:30-9:30 p.m. to incorporate comments and suggestions. She clarified this would address SCC § 15.25 to the end of the Seward City Code. By general consent, the Commission set a work session to discuss the Flood Plain code changes on January 20, 2009 from 6:30-7:30 p.m. and January 22, 2009 from 6:30-9:30 p.m. October 21, 2008 Special Meeting Minutes Roach' stated she had pulled the minutes to change Absent was: Sandie Roach' to Excused 21 City of Seward, Alaska Planning Commission Minutes December 16, 2008 Volume 6, Page 243 was: Sandie Roach'. Administration stated this change could be done administratively. Motion (Ecklund/McClure) Approve the October 21, 2008 Special Meeting Minutes Motion Passed as Amended Unanimous Consent Informational Items and Reports (7Vo action required) — None Commission Comments - Ecklund emphasized making changes to the City Code regarding buffer zones and residential areas and suggested requiring Community Meetings for Conditional Use Permits prior to the public hearing notice. She asked if the City Attorney should comment on the Disqualification for Bias of the Planning Commissioner email. The Commission directed Administration to provide a copy of the Disqualification for Bias of the Planning Commissioner as a matter of information to the City Attorney. Heinrich connnented that he was residing in the City Limits of Seward. He discussed the difficulty of placing requirements on landscaping and how the minutes were handled. McClure welcomed Roach' to the Chairmanship, discussed the Borough regulation of bias and wished everyone a Happy Holiday. Roach' thanked the Commissioners for electing her as Chair. She commented on bunkhouses, the need for housing, and protecting the residents. She wished everyone a Merry Christmas. Anderson commented on the press release from DOT regarding the bridges structural deficiencies and commented that Seward depended on the highway. She congratulated Roach' on becoming Chair and wished everyone a Merry Christmas. Citizens' Comments — None Commissions and Administration Response to Citizens' Comments — None Adjournment Meeting adjourned at 8:46 p.m. Anne Bailey Margaret Anderson 22 City of Seward, Alaska December 16, 2008 Executive Liaison (City Seal) Vice Chair Planning Commission Minutes Volume 6, Page 244 23 y Of SE4"4 V+ 1� �R 4tA5K0' The Planning and Zoning Commission and the Seward Bear Creek Flood Service Board Are holding meetings to Revise Floodplain Management rules included in SCC Chapter 15.25. Meetings will be in the upstairs conference room at City Hall. A session covering an introduction to the issues will be held on Tuesday, January 20, from 6:30 p.m. to 7:30 p.m. A second meeting to discuss suggestions, revisions, modifications and adoption of a schedule will be held on Thursday, January 22, from 6:30 p.m. to 9:30 p.m. For more information, please contact Community Development Director Christy Terry at 224-4020 24 1/15/2009 9:26 AM Nand Richey