HomeMy WebLinkAbout07072009 Planning & Zoning PacketSeward Planning Commission
Agenda Packet
July 7, 2009
Regular Meeting
City Council Chambers Beginning at 7:30 pm
Seward Planning ~ Zoning Commission
Sandie Roach'
Chair
Term Expires 02/10
Sue McClure
Vice Chair
Term Expires 02/10
Vacant
Commissioner
Term Rxpires 02/12
Tena Morgan
Commissioner
Term Expires 02/10
Steven Heinrich
Commissioner
Term Expires 02/11
Christina Stauffer
Commissioner
Term Expires 02/12
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
Regular Meeti
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
Planning and Zoning Commission
July 7, 2009
Regular Meeting Agenda
Page 1
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-
1. Resolution 2009-15 Of The Seward Planning And Zoning Commission,
Recommending The Kenai Peninsula Borough Approval Of The
Preliminary Replat Of Lots 1 & 2 Of Uss 241, Clearview Manor, Three
Bears Replat, Vacation Of Internal Lot Line And Approximately 474
Square Feet Of Dedicated Iron Drive Right-Of--Way, Located At 1711
Seward Highway, Within The Auto Commercial Zoning District .... Page 4
2. Resolution 2009-16 Recommending Seward City Council and the Kenai
Peninsula Borough Approval of the Preliminary Replat of Lot 4A Block 2,
Marina Subdivision, Coast Guard Replat, Located South of Port Avenue at
Approximately 1509 X-Float Road, within the Harbor Commercial Zoning
District .............................................................................................. Page 10
8. Unfinished Business -None
9. New Business -
* A. Resolution 2009-17 Recommending City Council and Kenai Peninsula Borough
Approval of the Preliminary Replat of Lots 1-6, Block 8, Original Townsite of
Seward, Library Replat, Located Between 229 and 239 Sixth Avenue....... Page 17
B. Resolution 2009-18 Providing Recommendations to Council on the Request by
Godwin Glacier Tours, LLC to Lease a Parcel in the Seward Marine Industrial
Center ........................................................................................................... Page 23
C. Resolution 2009-19 Recommending the Seward City Council Request the USDA
Natural Resources Conservation Services to Complete Soils Surveys in the
Seward Area Expeditiously .......................................................................... Page 39
D. July 21, 2009 Work Session ....................................................................... Page 46
* E. May 7, 2009 Regular Meeting Minutes and May 19, 2009 Special Meeting
Minutes ........................................................................................................ Page 47
10. Informational Items and Reports (No action required)-None
11. Commission Comments
12. Citizens' Comments [Limit to 5 minutes per individual -Each individual has one opportunity to speak]
Planning and Zoning Commission Regular Meeting Agenda
July 7, 2009 Page 2
2
13. Commissions and Administration Response to Citizens' Comments
14. Adjournment
Planning and Zoning Commission Regular Meeting Agenda
July 7, 2009 Page 3
Sponsored by: Community Development Department
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2009-15
RESOLUTION 2009-15 OF THE SEWARD PLANNING AND ZONING
COMMISSION, RECOMMENDING THE KENAI PENINSULA BOROUGH
APPROVAL OF THE PRELIMINARY REPEAT OF LOTS 1 & 2 OF USS 241,
CLEARVIEW MANOR, THREE BEARS REPEAT, VACATION OF
INTERNAL LOT LINE AND APROXIMATELY 461 SQUARE FEET OF
DEDICATED IRON DRIVE RIGHT-OF-WAY, LOCATED AT 1711
SEWARD HIGHWAY, WITHIN THE AUTO COMMERCIAL ZONING
DISTRICT
WHEREAS, Cline and Associates Land Surveyors submitted a preliminary plat to the City
of Seward for review and recommendation to the Kenai Peninsula Borough; and
WHEREAS, this replat vacates the interior lot line combining the existing Lots 1 and 2, USS
241, (Clearview Manor Unrecorded), into one new lot to be known as Lot 1 A, Clearview Manor; and
WHEREAS, the new Lot lA is approximately 54,804 square feet; and
WHEREAS, the existing structures located on this property house the Three Bears Grocery
Store and Fuel Station; and
WHEREAS, the property is zoned Auto Commercial (AC) which allows all of the existing
uses on the property, and the subdivision meets the minimum lot size and width requirements of the
Seward Zoning Code; and
WHEREAS, the property is served by existing public utilities and developed streets, and
therefore meets all of the requirements of the Seward Subdivision Code; and
WHEREAS, easements have been provided for all known existing utilities; and
WHEREAS, the parcel owner has dedicated approximately 461 square feet of property to
accommodate an existing Iron Drive right-of--way encroachment; and
WHEREAS, the City accepts the existing 50 foot Bear Drive right-of--way which meets the
requirements of Seward City Code§ 16.05.010, Required Public Improvements; and
Seward Planning and Zoning Commission
Resolution 2009-15
Page 2 of 2
WHEREAS, as required by Seward City Code § 16.01.015, Conditions to plat approval,
property owners within 300 feet of the requested replat were notified of the proposed subdivision,
and the property was posted with a public notice sign.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. The Commission recommends the Kenai Peninsula Borough approve the Lot 1 A,
Clearview Manor, Three Bears Replat combining Lots 1 and 2, USS 241, into a single lot of
approximately 54,804 square feet and the dedication of approximately 461 square feet of Iron Drive
right-of--way.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7t'' day
of July 2009.
THE CITY OF SEWARD, ALASKA
Sandie Roach', Chair
AYES:
NOES:
ABSENT:
ABSTAIN:
VACANT: One
ATTEST:
Jean Lewis, CMC
City Clerk (City Seal)
5
P&Z Agenda Statement
Meeting Date: July 7, 2009
Through: Christy Terry, Community Developm~ e~nt~/Director
From: Donna Glenz, Associate Planner ~~Ir 0
Agenda Item: Resolution 2009-15, Preliminary Plat Review of Lot
lA, Clearview Manor, Three Bears Replat
BACKGROUND & JUSTIFICATION:
Attached for the Commission's review and recommendation to the Kenai Peninsula
Borough Planning Commission is a preliminary plat to vacate the interior lot line of Lots
1 and 2, USS 241. This lot line vacation will combine Lots 1 and 2 into a single parcel of
approximately 54,804 square feet to be known as Lot lA, Clearview Manor, Three Bears
Replat.
The replat also dedicates approximately 461 square feet of right-of--way to the right-of-
way of the current Iron Drive at the Iron Drive and Sewazd Highway intersection, located
at the south end of the pazcel. The property owner has dedicated this right-of--way to
accommodate the encroachment of the current Iron Drive paved surface. A review of
aerial photos shows this encroachment has existed since before the 1964 earthquake.
The existing 50 foot Beaz Drive right-of--way meets the requirements of Seward City
Code§ 16.05.010, Required Public Improvements.
In accordance with Borough requirements, the City must review and comment on a replat
before submittal to the Borough for approval.
Subdivision Review:
Zoning:
The property is zoned Auto Commercial (AC) which allows all of the existing uses on the
property, and the subdivision meets the minimum lot size and width requirements of the
Seward Zoning Code.
Size:
The new lot will contain approximately 54,804 square feet. The new lot will have a
width of approximately 474 feet of frontage on the Seward Highway, 257 feet on Beaz
Drive and 384 feet on Iron Drive.
Utilities:
The property is served by the existing public utilities and maintained streets, therefore a
subdivision agreement is not required. Existing water, sewer and electric lines are
located in the adjacent rights-of--way. There are fire hydrants within approved distances.
Utility easements have been provided for all known existing utilities. City staff reviewed
the replat and had no additional requests or recommendations.
Existing Use:
The parcel currently contains the Three Bears Grocery Store and Fuel Station. These
structures and uses are allowed outright within the Auto Commercial Zoning District.
The owners of the current development are considering a small remodel to add an ingress
and egress door and canopy on the south end of the existing structure. This possible
remodel requires the interior lot line vacation. Seward City Code§ 12.01.030. No
building, except a single family residence may be constructed across platted lot lines.
Flood Zone:
The property is not within a FEMA mapped Flood Hazard Zone.
CONSISTENCY CHECKLIST:
Yes No N/A
1. Comprehensive Plan (2020) ~ - X
2. Strategic Plan (1999) X
3. Seward City Code
X
RECOMMENDATION:
Commission approves Resolution 2009-15, recommending Kenai Peninsula Borough
approval of Lot lA, Clearview Manor, Three Bears Replat.
e ~ j t~~4
m ' o~~:
`- CLEe
t~ ~€f=
rc a SF~~
~_ ~ L~~~
-sfi
P zF a
~t~
8
^n
/
;
~
~ I
/y.. I
I
~~ i
Ih ^ / I ~~
~~
~~~
gE ,
~=s
2tlZ~
~R
~o
ad, c \6»~! d
~'~~'~,?~ a°
i ~\ ~
/ ~b"7 \ `
~~
/ \ ~~~`a.S \ ~
S
7 i ~ sl
/ I ~
is ~ 4
i~fi:
~~~~
;~~~€
SY~S~
€ap'i6
F~
~£$5
~<_~~~
xQ
~a~
aq5
_~_~
Ni
€„
~o
h~~
~ h ~ N ~ `
1. $ym~
S..W~so~;„~~
'~°a_mg a' Qg~~
h~co-5=\~~3a
h~~nQN; ~;x ~
~m'~~~~ii~~'
~a~~~~~_~a~~~
{Se
p F ~ E
3~z
0W4
Q
U~ o
Qom"
o~m
QZi
i ~
U
\ \
~ ~SFa~ ~
{ i'
6 .y
~ ~ S.~Y cM y ;
i T; ~ ~
~
\ \
~ tv s?®a
c~ '3oF~~~
~ E`
e t =~
e~
'~ ~ B
Si ~s~''
\ \ o
~
~
\ ~
3FEa e2
\\~
~
O ~
~Q i" °°°
y~
j O4~Fo°
(~' ~ N p
c R ~° ~'y~
\ j ~~Q €
L
i ~ fr
\
Q
\ pP
~ppgF¢
~SS ES
`
~
\ \ \ E
_ 53:
a
\®'~. ~
(~~ ~\
~~ Wq
.y ~ ~
Y ~'2
~ \
yj
4
y ~~
~ ~\~ I '~ a \•• ,~,~~~
~ V 1~, ~ ~ `~^%~ -_
4
I i o I ~___?%^L___ ~ _ ________________~~ ______>
~ w r ios 3t~ ,19PY0 M.fLSLWS l z~ i« ;r.¢nm)
.tom 1 ^ ~
\ \ 3~1 /2/O N02I! a.+e ao.vd ~
~` n
~~' \ =
r - - - T ,90"60FT3.£l,SL00N 7 - - - ~ : vjl W N
I ~ /
w ~I - I I ~~~ I I ~"I °~
~ ,. ~b~f
`~~$' ~
Leh ---\~
~ I I I 7 om,(M1h
I a m ~/ vWi I; I I ., I ~ I - I ""~I a /titi
~ ~
I m ~ ~ W IR _I I I I I hl /•~5
I i ~ ~ ~ el I I I I I
I€
I >=E L 13 ¢ til I I Ian -----~ I
I a,3 a ~ Iti m I I e I ~ _ I i
I e€~ ~ d'p \~~ Im I N I ~ l o l I I
I nE~ ~ ~\ ~s`S,~i. I ~ u i m ry I ~ ~---~--- I I
~ Esa ~ ~~` I~~ m l N I ~ I m I I
I ~~ ~ ~ } ~~, I ~ > ry I ..~~ I I
I $~ ~ I ~"°" I a I 5~1
_ wl ° W I '°' Yo £s
~~I Eo ~- ' 81 h: U V21 p6 ~; ~~ ~~
wol ~'s r I ~I I I q 3`c{
I L€i I II I I I I ~ g a~~ E3 ~^_s
I aa~ I I I _ I I 9~ 3, ~~ o~~gg
~ ales I - I - I I I i ~~ ire ~~¢ mY$
I .Z<'16~9F ~~ioos
I ~-'#~ ,, o - - - ~d178 NOl1032k1ri5321-
I d__ - `~ J `~~ --------
1~ rT~t¢ru vJ T_~,1 h
i ~~ F
I I _I ~ `" _
I i _ n..~ twui 3
i 1 2 EC _ ~ '~~' ~$~ 2a ~~fo
I atwo now W a~ ~ ~ ~'~ 's : ~k ~~ a~ ~~ ?~R!
I '----' o - - - d . ~ ~ $~ ~ Y ~ ~~ ~~ is ~~ ~s~--,~ a
s
€t ~ ~~ ~ ~~ ~~ ~~ ~~ ~~ ~S&a
I ~ m
o~~
~ n
~ e
f',"'Y',~°as
.o-;snpp,~
.._~F°oEY
~€~~~~~~
:_~~ ~
~iz >
~`F=° F
~a~~~~~
I I ~s v® • e fi __ ~_ _
- ~~'- - ? - - - - - --~ - = ~'-~ 02l XlN03t-' ~ 1916.69' c.a.,~ ,w,..r ul - - - - - ~~ - - -
,r------ R - -------- I
N9992G 3.66'
pan
M~°:»
~9.
~ {
& ~
p F~~~~.~^^7 f ~t!«.: "ij..xc y~t~ '...*r i ,.~ ~~~RRM ~r
~' Il ~ '~
. ~
__ --_ ! ~f `~ i
r . j"
!>,- ~
;. ~ ~, ~ Three Bears ~~, 6°
Lot 1A, ~~ r
. ~. ~._
~~ ~ ~~ ~ " ~ ~ ~'~~ - ~ Clearview Manor
_ ~.
n~ ~ ~ ~:a ~ -,,~ „~
~' ~ -: !~ 1711 Seward Hwy 1 ~
,,.:
~ ,~
-- ~
,~ .
~~~
~• ,'
x~
.~ • t a i'
,# ~~ t~ "~
~ ~ ~. ,.w ~ , , :.
~ ~ ~~ <<
~,
i qr
,'
,:
~_
,:3 ~ ~ ..,
!~ ~ ~ „;.
~~~ ~ - ~
A i ... ~ II. ~
lr ~t ! ~ r
r
r r`i , I
M
Y ~ ~ ~ ,~ r!
~s. #jr ~ r
F~ ..y //~~'f if ~ i ~~.~ -~ ,~3, [.
~ ' r. .T. P~. is '~.' ~ i {f
/l•.: ~ a
.a ~ r ~ . p.. .:
~'
. ~ - ~'a ..~.-
~~
~` ~ ~ ~ !`
~, ~_ - r. i
,, ~' ~ ~ ~
-~' ~ i F
I 1 .-.
~~ ~
,~ M`' ;
~ , ~~ ~
~. , r F"
Lot 1A Clearview Manor ~ P 8~ Z Resolution 2009-15
Three Bears Replat N Public Hearing 7/07/2009
0 55 110 Feet Mapping Assistance Auto Commercial Zoning District
Provided by
I I I Alaska Map Co. D.GIenZ
9
Sponsored by: Staff
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2009-16
RESOLUTION 2009-16 OF THE SEWARD PLANNING AND ZONING
COMMISSION, RECOMMENDING THE SEWARD CITY COUNCIL AND
THE KENAI PENINSULA BOROUGH APPROVAL OF THE
PRELIMINARY REPEAT OF LOT 4A, BLOCK 2, MARINA SUBDIVISION,
COAST GUARD REPEAT, LOCATED SOUTH OF PORT AVENUE AT
APPROXIMATELY 1509 X-FLOAT ROAD, WITHIN THE HARBOR
COMMERCIAL ZONING DISTRICT
WHEREAS, administration hired Integrity Surveys to prepare a preliminary plat of City-
owned land Lot 4A, Block 2, Marina Subdivision; and
WHEREAS, Integrity Surveys has submitted, on behalf of the City of Seward, the attached
replat which subdivides the parcel into two lots creating Lots 4A-1 and 4A-2, Block 2, Marina
Subdivision, Coat Guard Replat; and
WHEREAS, this platting action will create Lot 4A-1 at approximately 3.431 acres and Lot
4A-2, at just over a half an acre or 26,6000 square feet; and
WHEREAS, the property is zoned Harbor Commercial (HC) and is currently vacant of any
structures and the subdivision meets the minimum lot size and width requirements of the Seward
Zoning Code; and
WHEREAS, Lot 4A-2 is being created in preparation for the planned relocation of the US
Coast Guard Facility; and
WHEREAS, prior to final approval the plat shall provide utility and access easements for all
existing and proposed utilities and accesses; and
WHEREAS, no subdivision installation agreement is necessary at this time because the area
is currently serviced by municipal roads, water, sewer, electric and other utilities; and
WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an advisory
capacity to the Seward City Council and the Kenai Peninsula Borough regarding subdivision plat
proposals; and
WHEREAS, as required by Seward City Code § 16.01.015, Conditions to plat approval,
property owners within 300 feet of the requested replat were notified of the proposed subdivision,
and the property was posted with a public notice sign.
10
Seward Planning and Zoning Commission
Resolution 2009-16
Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section I. The Commission recommends that, in accordance with Seward City Code Section
16.01.015 (B), the City Council approve the submittal of the Lots 4A-1 and 4A-2, Block 2, Marina
Subdivision, Coast Guard Replat to the Kenai Peninsula Borough for approval.
Section 2. The Commission further recommends Kenai Peninsula Borough approval of the
Lots 4A-1 and 4A-2, Block 2, Marina Subdivision, Coast Guard Replat subject to the following
conditions:
1. All existing utilities shall be located; and easements provided for all existing
and planned utilities and accesses for the entire plat.
2. Correct plat note number 4 to comply with Title 15, Floodplain Development,
of the Seward City Code.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7`f' day
of July 2009.
THE CITY OF SEWARD, ALASKA
Sandie Roach', Chair
AYES:
NOES:
ABSENT:
ABSTAIN
VACANT: One
ATTEST:
Jean Lewis, CMC
City Clerk (City Seal)
11
P&Z Agenda Statement
Meeting Date: July 7, 2009
Through: Christy Terry, Community Development~-yDirector
From: Donna Glenz, Associate Planner U
Agenda Item: Resolution 2009-16, Preliminary Plat Review of Lot 4A-
l, and Lot 4A-2, Marina Subdivision, Coast Guard Replat
BACKGROUND & JUSTIFICATION:
Attached for the Commission's review and recommendation to City Council and Kenai
Peninsula Borough Planning Commission is a preliminary plat of City-owned land Lot 4A,
Block 2, Marina Subdivision which subdivides the parcel into two lots creating Lots 4A-1 and
4A-2, Block 2, Marina Subdivision, Coat Guard Replat. Lot 4A-2 is being created in preparation
for the planned relocation of the US Coast Guard Facility currently located along Fourth Avenue
in the Small Boat Harbor.
In accordance with Seward City Code (SCC) 16.01.015(B) No preliminary plat of city-owned
property may be submitted to the Kenai Peninsula Borough planning commission for approval
without the prior consent of the City Council.
Subdivision Review:
Zoning:
The property is zoned Harbor Commercial (HC) which allows all of the existing uses on the
property, and the subdivision meets the minimum lot size and width requirements of the Seward
Zoning Code.
Size:
This platting action will create Lot 4A-1 at approximately 3.431 acres and Lot 4A-2, at just over
a half an acre or 26,600 square feet. Lot 4A-1 has 308 lineal feet on Port Avenue and Lot 4A-2
has approximately 190 lineal feet of lot frontage on what has become known as X-Float Road.
These lots meet the SCC requirement in lot size and width within the Harbor Commercial
Zoning District.
Utilities:
The property is served by the existing public utilities; therefore a subdivision agreement is not
required. Existing water, sewer and electric lines are located within existing utility easements or
in easements which shall be provided during this plating action. There are fire hydrants within
approved distances. City staff reviewed the replat and has submitted a request that all utilities
currently located on the Lots 4A-1 and 2 be located and easements be provided before this plat is
12
approved. The request has become a condition recommended to the Kenai Peninsula Planning
Commission for final platting action.
Existing Use:
These parcels are currently used as access and parking for the northeast harbor boat launch
ramps and X-Float. There are currently no structures located on these parcels.
Flood Zone:
The property is not within a FEMA mapped Flood Hazard Zone.
Kenai Peninsula Borough Code 20.24 Exceptions Requested.'
On behalf of the City of Seward the surveyor will be requesting the Kenai Peninsula Borough
Planning Commission approve an exception to the proposed plat. The exception granted by the
Kenai Peninsula Borough Planning Commission will be noted on the plat with the date of the
Commission meeting. The Kenai Peninsula Borough Commission may authorize exceptions to
any of the requirements set forth in their subdivision design requirements based on fmdings of
fact outlined in KPB Code §20.24.010(A) Exceptions to regulations -Procedure-Commission
authority.
1. That special circumstances or conditions affecting the property have been shown by
application;
2. That the exception is necessary for the preservation and enjoyment of a substantial property
right and is that most practical manner of complying with the intent of this title;
3. That the granting of the exception will not be detrimental to the public welfare or injurious to
other property in the area in which said property is situated.
KPB Code §20.20.200 would require Lot 4A-2 abut a dedicated street. There are compelling
findings to support the requested exception:
1. The entire Lot 4A-1 is a dedicated public access easement and anon-dedicated route
commonly known as X-Float Road located on the westerly edge of the lot has
provided access to the public boat launch ramp, X-Float and other uses.
2. Access to all portions of Lot 4A-2 and other uses is or will be available for
emergency service providers, city maintenance vehicles, refuse collectors and public
vehicles.
3. Existing access easement is available to all adjoining properties.
4. The plating of a dedicated Right-of--way for X-Float Road has not been reviewed or
supported at this time.
CONSISTENCY CHECKLIST:
Yes No N/A
1. Comprehensive Plan (2020) _ X
Generally the Comprehensive Plan supports the development of the Small Boat Harbor
and the strong community support of the US Coast Guard in Seward.
2. Strategic Plan (1999) X
3. Seward City Code
X
13
4. Seward Small Boat Harbor Planning and Development Guide (June 2003]
X
The guide supports the relocation of the Coast Guard building from Fourth Avenue and
the development of the northeast portion of the Small Boat Harbor.
RECOMMENDATION:
Commission approves Resolution 2009-16, recommending City Council and the Kenai Peninsula
Borough approval of Lots 4A-1 and 4A-2, Block 2, Marina Subdivision, Coast Guard Replat
subject to the following conditions:
1. Ali existing utilities shall be located; and easements provided for all
existing and planned utilities and accesses for the entire plat.
2. Correct plat note number 4 to comply with Title 15, Floodplain
Development, of the Seward City Code.
14
YC" 4w Mld
~ I
~~ j ~
I~. ,I I~~
°'"
a„ N~ H
~ -3
m~ay
~
-0
n "'S
rc ~
°_
3
~
4
° a
p
a
h Z N • F W m b
F- r V VI `~~\
AviaNll OA dSRl piyg7 mIYIY6
r W
~'z~-- ~_
ZC
U~ II
,~P* ql,~
Q~. ~ '7~~
Q ~ iii
~ ~,
o ~; ~ ;~$
~~ ~ 01: ~ O
r ~:
1
`c Z c _°c 'c
~ = ~ ~ o w
N O
8 € c c ° v°
o
a~ a
mTO ~Q
~a°
o~mto
F. VCOV~'
Q ~<oo..m
° E. t'
~ °o~r°`
~ o u» g o ~.
U o~b~o,Y
°_
W ~E~°o
~ "°~"°n
N ~_`°m~o
P~.no
o ~ E a o
_.-.moo
~ ~ ~ o~
- .. _.
m _ ~ ~ °rn
°c r ak
v ~, r o ~
c 'o o ~ w
v ~ ~ ~O
a a J ~ a e c
z m m a = ° °
O ~ rc ¢ v ° o~ = i.
z ~' _ `~°.
w n ~ N a °
~ rc 3 4
w I.Q
J ~ W v x !'F
~ ~ ~ ~
a
_ c_ 4
T ~u mo
~~
`s° =~co
«€~ E~
of
'
u=
° o ° 2
° ~
° -
o °
s
r
U
G~ :: m o
i U m-
° '
„
p Q
t
=; C SQ mr
~o
=' ..
a
_
~' _~ ~ooo
mi ro €~oE a°-:
_ u~c
a`. `sE w~
oa vE~n
_ ~~
mm
.. . oO vV
~E° omo -
W ~ a
rn
° .. -
°
°
z
~..
~O ° za ~c
a
o .w
z ~ N r~ Y h
H N
~G
3'fl"d ,Ol
I
~ ,Wwa
I 3~"~ 0!~
I
o
~
o I
~o I
O U
~ ~7 I
I ~
3
0
a
0
z
Z
Z
z
J
'o
J m
5
Q y
Z
o W
~ n
Z
Y
Q W ,
I~
NCI ~„
s }>=m
rc°
0 ~ mj~~
O °'"aa
~ I ~~_za
WO'Y
W ~W O~m2
2' of rc3mx
Q ~~
° G cx+ ~ .
O
~ ~ ~ [
~ i
a m
a ~ J
a ~
c
C
° A
3 z
o z
~ ~ a
a u'
_
_~ a
S z
F ~ y
,,~~JJLL~~~~ll
-
~
y
p
O
^~
I r
E
Lo~~
~~ ~i~ ~ ~ D
~
s `~ ~ a
8 ~ ~
VU
~`••~ C o
i-I p '~ o
U
°m
n -m
`
O m ¢
I U
.~ ~
uam "„ ~
mf
g
B
aN ~~
~ U 3 C
,;
~ °
° ,
°o o_
~
'
,
G
~
:
S
~
1''~~
r -
V m - < u ~ o .
.I Y
I ~ Y ~ ~ ~ 1
,
V °
/at yL Op v
as $ a a
M~ J~! C9 p
~/ - ~ g c ¢
25
w
° y ; a
rjV y ~ 3~°n °` ~
F-1 g ~ m` Y ~ ~ m 6 ~~
<rn JwnG U
~ ~
1..1
~Q
u
a
r..
f
~ ~ p U
~ u-
~I ~ ~~ f
tP L~
yO ~ ' c
~ r`_
r I 'r
J C
Qs.
~....._..m._ .y_o.~~
~ ~~ \~~
,6L'49l 3,Z4,6S.685
„lB'YZ ,00'OYL ,`z
I r A:--~ ~
I s
b
O ° I
la 1°-°°0~ a •~° !'~I -J r
~~ m `~ ~ I I I I `~ o
w I~ p E~
D'r N e W
InqUnI p to ° I ~cC I I~ IQ
~uawas°3 D I o f ~' u, I" I
U °o I ' ssaaay pu° I
/in ~ I 6u1~°d a119~d o I I I O ~°- I 0
u I ~~ I ~ ~i I~ r~
I N ,00'Ofl 3,Z4,6S.6B5 I N g I I O
I, v I~ u
3 I
aulW~aw 6ul~slxa oa I
~ ~ l uo paw~uaa a~so p ~
OZH- -'OLN O- _J O
I 'aulW1°M ,OL o
I I ~-~ \ IE
I ~ \ ~ ~\ T
I a ~ o \
W
a
~-
i
0
m
N
0
a
°w
m
U
V) °~
N N
I ~,
o ~ ~ ~ ~o
~~ I mI ~~o~
a l
I
~ \ \
I ~
N o~Nz
a~
I \ ~ ~N
I ~ ~ I
I
~ = ~oJw
aa~
I ~ ~ ~mQ~
W
I \
~ ~ z o °=
I
~
Q o°
~~_<
~
Sin d'0 ~ _o
f w
U WW
o ~ ~ uu'i
N '
A Ve ~_~~
a
a w
I ~
_
~ ~ t
y~ ry~ ,~
YQ I / a
U ~
~ rc
03'wo~
~rv~
Y~ ~~
' ~
F- ~ awma
°za
~6'
~ ~' .
4~au
o
W
~ w°Nm
~z5a~
, ma°~uWi
c~ya°
O >w
v~io3~
w
rc
W
z
0
O
U
Z
e
b
oyr e
°;=O°
~.~ a
..Oa
_TO;
~VLLh
15
~. , `9s' ~ ~ 5 -rs ~ ~ Y _ -
t f
. ~~~ _
~
f y=r- i "v31
~~, n ~ t~
~ ,)
~` Y ~ .~ YYF a,~ F is
lli r _ ~ ~ F ~k y 5
~^r ~ `~ ~ .~ Lot 4A, Marina Subd. r ~ ~ ''~
a 8" ~ ~ fi. ~ "~ ~ .,i `'
"~ ~ K ' ~ ~ " ~ ray;
~,r.~ ' "`P.... ~ ~+Y I "~L z~ F ~ yr, f~
~ 111 J11y VEF~ 1 ?4 f ~ ~ t' Irk' .
:~. t k ~ :~;p r1ky
~. .F ~~ k y4: S.{ 1. ~ S ~ ~ .~
~'` _ i<
i y'SI Pih ,~1M1
' ' +~ [ ' ~
~,,~ t ~ i. a '~ e ~ +. ~~ l~ ~ ~ ~ ,
~ 31r ~ `t ~ ~ ~ ~"- ~ i r t .,
'~~' ~ ti', r~_~ o~ , ~ ,.
t z.
~,
a'-
i
V f
~,
«.
. .
y;.
t. r
4i
'f
~' ~ - " t .4
~~~ ..t^ * 4 t , <
i
i f
' i ~ +a
~ y ~
r •' ~'
~
~ •~s .
~~r. ~,
r .,
~. Y
_.. "'w,~?!lA'7.~(•
~ ~
? '
~ ~
y .'
1. ~~ t i .,
~:
.
i ~ S' .
a
,
t
~~ ~
~
ii` ~ ~~ r .S .y
~ ~ ~ .a ,~~~ { R~~f
f
~ ~ i
, '
~.
'~ {
3 .~ .te'
~a ~ ~{"s
:
F
~
~.r• ~ p-
.
1 i ~
.. s
~ H9
f
' . _ Y
~
~
' ~ S
^{ „~
r t
r
1P.~
i'j
re
Resolution 2009-16 ~ Lots 4A-1 and 4A-2
P 8~ Z public hearing ~ Marina Subdivision
Mapping Assistant Coast Guard Replat
0 70 140 Feet Provided by
~~~ Alaska Map Co. JUIy 7, 2009
16
Sponsored by: Staff
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2009-17
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION, RECOMMENDING CITY COUNCIL AND KENAI
PENINSULA BOROUGH APPROVAL OF THE SEWARD ORIGINAL
TOWNSITE, LIBRARY REPEAT, CONSISTING OF LOTS 1-6, BLOCK 8,
LOCATED AT THE SOUTHWEST CORNER OF ADAMS STREET &
SIXTH AVENUE
WHEREAS, administration hired Cline and Associates Land Surveyors to prepare a replat of
city-owned property described as Lots 1-6, Block 8, Original Townsite of Seward, into a single
parcel; and
WHEREAS, Lots 1-6, Block 8, Original Townsite of Seward were purchase in preparation
for the proposed new Library/Museum project; and
WHEREAS, the replat vacates the interior lot lines of Lots 1-6, Block 8, Original Townsite
of Seward creating one lot approximately 17,90 square feet, to be known as Lot lA, Block 8,
Original Townsite of Seward; and
WHEREAS, the property is zoned Central Business District (CBD); and
WHEREAS, the new lot meets the minimum lot size and width requirement of the Seward
City Code; and
WHEREAS, the property is served by existing public utilities and developed streets, and
therefore meets all of the requirements of the Seward Subdivision Code; and
WHEREAS, the existing structures located on this property are currently vacant and planned
to be demolished for the new library/museum project; and
WHEREAS, the Subdivision Code 16.01.015 (B) stipulates that no preliminary plat ofcity-
owned property may be submitted to the Kenai Peninsula Borough planning commission for
approval without prior consent of the city council.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
17
Seward Planning and Zoning Commission
Resolution 2009-17
Page 2 of 2
Section 1. The Commission hereby recommends that, in accordance with Seward City Code
Section 16.01.015 (B), the City Council consent to the submittal of the Seward Original Townsite,
Library Replat to the Kenai Peninsula Borough.
Section 2. The Commission further recommends Kenai Peninsula Borough approval of the
Seward Original Townsite, Library Replat, subject to the following conditions:
A. The title of the replat be changed to Library/Museum Replat.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7th day
of July 2009.
THE CITY OF SEWARD, ALASKA
Sandie Roach', Chair
AYES:
NOES:
ABSENT:
ABSTAIN:
VACANT: One
ATTEST:
Jean Lewis, CMC
City Clerk
(City Seal)
18
P&Z Agenda Statement
Meeting Date: July 7, 2009
Through: Christy Terry, Community Development Director
From: Donna Glenz, Associate Planner a~~~
Agenda Item: P&Z Resolution 2009-17, Preliminary Plat Review of
Lots 1-6, Block 8, Original Townsite of Seward, Library replat
BACKGROUND & JUSTIFICATION:
Attached for the Commission's review and recommendation to the Seward City Council and the
Kenai Peninsula Borough Planning Commission is a preliminary plat to vacate the interior lot
line of Lots 1-6, Block 8, Original Townsite of Seward. These lot line vacations will combine
Lots 1-6 into a single parcel of approximately 17,990 square feet.
These lots were purchased as the location of the new Seward Library /Museum project. The lots
currently contain several vacant structures which are planned to be demolished in preparation for
the new facility.
The vacation of interior lot lines is in accordance with the following sections of City Code:
§ 12.01.030. No building, except a single family residence may be constructed across
platted lot lines; and
§ 15.10.140. Lot. 4.... in the case of multiple lots or portions thereof, the property shall
be replatted to eliminate interior lot lines.
City Code § 16.01.015 (B) stipulates that no preliminary plat of city-owned property may be
submitted to the Kenai Peninsula Borough planning commission for approval without prior
consent of the City Council. And in accordance with Borough requirements, the City must
review and comment on a plat before submittal to the Borough for approval.
Subdivision Review:
Zoning:
The parcel is zoned Central Business District (CBD) which allows for the planned
Library/Museum project and the current subdivision request meets the minimum lot size and
width requirements of the Seward Zoning Code.
Utilities:
The property is served by the existing public utilities and maintained streets, therefore a
19
subdivision agreement is not required. Existing water, sewer and electric lines are located in the
adjacent rights-of--way. There are several fire hydrants within an approved distance. City staff
reviewed the replat and made one recommendation as follows:
Change the title of the replat to read Library/Museum replat.
Size:
The new lot will contain approximately 17,990 square .feet. The new lot will have a frontage
width on Sixth Avenue of approximately 180 feet and a frontage on Adams Street of 100 feet
both of which meet the requirement for lot widths in the Central Business District.
Existing Use:
Currently the parcel contains three (3) structures which are to be demolished for the new Library
/ Museum facility.
Flood Zone:
The property is not within a FEMA mapped Flood Hazard Zone.
CONSISTENCY CHECKLIST:
Yes No N/A
1. Comprehensive Plan (2020) X _
3.7.1.2 Support, strengthen and develop diverse educational and research programs at
various public and non-profit institutions.
• Support the design, funding and construction of a new library/museum. (page 21,
Volume I)
2. Strategic Plan (1999) X
3. Seward City Code
X
RECOMMENDATION:
Commission approves Resolution 2009-17, recommending City Council and the Kenai Peninsula
Borough approval of Lots 1-6, Block 8, Original Townsite of Seward, Library Replat subject to
the following condition:
Change the title of the replat to read Library/Museum replat.
20
N 1
' Y
°
m
~ C
3 c
~ ~ ~ ~
~ II
~ ~ ~
o ~ j
~ ~
~f~
B
~
d ®
BQ
BB
~ -
B g
~ BB
BB >-
ti
z'
P
O. S
/~ ~ ~1 Hl NON
~-
6
h
~~
~
~5
~'P
I ~ -
~ ~ ~ ~
I I I
I I I
I ~ I ~ I
> I I I
I I I
_~ ~J_~
_~
--I m~-~
I I I
I I I
N N N
J
o
°~
I
v E
~ Q
b
J
N ~ Q
EQ
QO
y °"
~~ I
~ o a
04 v y ~
_ -
J
Q
l3 ° ~
v o ,v, U
-m
-
~ 3 oU
~
3 0~~
a
ovo Q
N
_o ~
avW
T
N N
_
-~
n
I I
3 ~ ; 1 3 J
o
n
~ ,;
~'^ m
Qtc N u v
Q
U ¢~
m o w a N a~
W a o 3 O
~ o
mo
~ Y m
o~
Q ~" ~~ Z O 3 v ~~ I
I^.
V/ ~ O ~ ~ ¢ b ~ ~N N
O
2
¢ ovo
m t a ~
~ ~
ry ~ ` `wv
~ o ~ v ~~ ~ U U 3 ~
~i ro 2 2 ti ,~ y V U ~n
~ Q Q ~ ry
L/7 3^
C3 ~~
:- m
~
W
Q ~;`
o O
~ W
~ o ,~ cav
~ O 3 O o W ~ ~o~
^J Y
O ~ ~ ~o='~~ ~ ~ ~
Op o ~~
Y
~
i~ u O p ~ a r ti
J W~ O ~\~ Z i ~ m ~ W ~ x ~ o
p `"
m Y W ~ o ~' ~
~ ;
W p
Q~~ m Q~ 3 Q~ o¢
2 ~n 2
j 0
O
Z Q' N~
~ X ~ ti Y
v p
°
o ~
p Q D]
o j
O "'° E~
° _
~
~
~~m ~~ ~ Wo~~~Zi
~ O~ m
~ z ~~°
O ~
~ 0 3 v' ti 2 W 2 Z a M
0 =
~ Q 3 `
° m~O~~'~=3
io Q j h
~
^~o ~
~ ~ ~ o Y
~
v
J oN ~,~~ 3
~ JQ ~' 3 ,; o~~ ~y~ ry
Z~'~N o i
V N C
U O w~^q 2
C O ¢ ¢ ~O O~°
O Q In O Q ti0
3 Z J ¢ ~ ~
~ 2 0
° d p E° W ~ t~
U v °~
r; W". o
.9°m~` ~W
~~ ~ oD o.=~
Q ~0 2~io ~ Q
~ o o
~ V
3
y i
3 h o 4U4~n ~ vJj0 2 ~ N 0 0 0
_ _ B_ALLAINE_ BLVD. .~5~a
BASlS OF BEARING PLAT 2009-3 N00'00'03 "'W 7 _
096.97 - SS
P
7
I I I I /
I I I I /
~
I N `~ V ~
/ ~
I I I I ~
I I I I ~
~- L -~-I-"---- - ~
o ~ ~~/
1 1
I
I 1 1 1 1
I I I I 1
I
~~
/
.
I~ I ~ I~ I~ I~ I I j
~ ~ J J ~o a
I I I I I I I ~ E °
° o ° c
~ U (~ ~q ~~ ~, d
I I I ~
~
a ` ~
o°^ a
o ~ a i ~
I_
_I_
_I_
I
I
I
I
WII
~ _
; N °
U ~ ~ ~ J
~ a N t °
_
_ _
_ _
_ _ _ _
/ W
J °
o a a° ^°~ o .. ..
U
`
A m W K m
~
v
°~
"1 / ~ o o h~ a2 J
O
> j j ~ p U
w _
p
~ SIXTH AVENUE
~ ~®ee v o
500']0"59"E 239.55'
50070'59"f 779.66'
4
j
59.89
1 ~p/
' 7
I~
~ ~ 4
~ 4 l
TT
~ Igo # x o I I
7 # i
~ ±
0 W
~
t ~ O
~ ~ 111 I
{. O~Q Ol '~ ~' 3
b
h
n
~
~
\
Q ~
~ ~
~ {
t ~ m ~ I ~
°' I I ~ o o ~ ~ ...
~~••.
~°"°Eo °~ ~'0~
66" -
-- } 1I' UrIUTY EASEMENT q + ~ _ Z -i 1 _ m ~ o s° ~ ~ ~ °i ~ ~ ~ j u ~ `~ i
~
° N00'08'31 "W li9.9B~ -, ALLEY ~ - ° c" ti ~ ° °~' o o`o i
~ ~! ! z ~ igW:
:
a
a
~ ~ ~o~ ~~
o, ~, ~ r c 1~ u
v
v
•.
~~
:
:
I I I I I I I I I 3
o
o °
~' ~ ~~
o
..
~.
..
' o
~- `
I
I
I
~
'
4 y
U
Vt ~
o$°o~
I ~
rn ro '~ ~ h
I ~ I ~ I ~ I ~ I ~
I
v
~ I
I o.-
¢ ~°$
a
~
~ ~
n~F °
~ ¢ Bo oaav°°
~,
I I I I I I I I ~' ;~a
~ ~ ~~ot oo
o
~ ~ ~ E i
p ~ o t m ~t ~
`
3 U .C
` O ~° E ~ Q
U
°
n °ia U N
~_. ,. c° vn
v
o v
t m ° m a v F D e°
'
dY O m ° m., a~ ~
21
22
Sponsored by: Administration
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2009-18
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA, PROVIDING
RECOMMENDATIONS TO COUNCIL ON THE REQUEST BY GODWIN
GLACIER TOURS, LLC TO LEASE A PARCEL IN THE SEWARD
MARINE INDUSTRIAL CENTER
WHEREAS, Paul Carter on behalf of Godwin Glacier Tours, LLC submitted a proposal
to lease 2,000 square feet of land in the Seward Marine Industrial Center in order to store marine
and aviation equipment; and
WHEREAS, there is vacant land identified in the Municipal Lands Management Plan as
available for lease in the Seward Marine Industrial Center (SMIC); and
WHEREAS, pursuant to the City's Lease Policies and Procedures established by
Resolution 1994-101, this proposal is before the Commission for review and written
recommendations, including any special lease conditions the Commission determines to be in the
public interest; and
WHEREAS, the proposal along with written Planning Commission and staff comments
and recommendations shall be submitted to the City Council; and
WHEREAS, the lease request is consistent with the Comprehensive Plan, Municipal
Lands Management Plan and the Seward Marine Industrial Center Plan.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. The Commission has reviewed the submitted proposal and makes the
following recommendations:
a) The Godwin Glacier Tours, LLC is encouraged to lease entire .3 acre Lot 5, Block 3,
Forth of July Creek Subdivision. If the entire parcel is not leased, then the Proposer
shall be required to replat the property, and the lease shall not take effect until after
the final plat is recorded.
b) Godwin Glacier Tours, LLC shall submit a waste disposal plan. The plan must be
approved by administration prior to waste being placed on the site.
c) Godwin Glacier Tours, LLC shall submit a compliance plan for the applicable
environmental laws. This plan must be approved by administration.
d) Godwin Glacier Tours, LLC shall comply with all Seward City Code requirements.
e) Godwin Glacier Tours, LLC shall obtain a Terminal Use Permit for all helicopter
operations.
23
Seward Planning and Zoning Commission
Resolution 2008-20
Page 2 of 2
f) Any additional staff comments and recommendations shall be considered during the
negotiation process.
g) The lease payments shall be negotiated at the Fair Market Rental Value of the parcel.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7th day of
July 2009.
THE CITY OF SEWARD
Sandie Roach', Chair
AYES:
NOES:
ABSENT:
ABSTAIN:
VACANT: One
ATTEST:
Jean Lewis, CMC
City Clerk
(City Seal)
24
P&Z Agenda Statement
Meeting Date: July 7, 2009
To: Planning and Zoning Commission
From: Community Development Director Christy Terry
Agenda Item: Resolution 2009-18 Recommendations to Council on the equest by
Godwin Glacier Tours, LLC to Lease a Parcel in the Seward Marine
Industrial Center
BACKGROUND & JUSTIFICATION:
Godwin Glacier Tours, LLC, currently has a short team lease with the State of Alaska on Lot 7,
Block 200 for their helicopter operations at the airport. Godwin Glacier Tours continues to
pursue a long term lease with the Department of Transportation at their current location for their
passenger services. Paul Carter on behalf of Godwin Glacier Tours, LLC submitted a proposal
to lease 2,000 square feet of land in the Seward Marine Industrial Center from the City in order
to store marine and aviation equipment in support of their airport operations. There is vacant
land identified in the Municipal Lands Management Plan as available for lease in the Seward
Marine Industrial Center (SMIC).
Pursuant to the City's Lease Policies and Procedures established by Resolution 1994-101, the
Commission should evaluate the request and provide written recommendations, including special
conditions, in the form of a resolution for Council's review. Council will then determine if it is
in the public interest for Administration to proceed with lease negotiations. Seward City Staff
have reviewed the proposal and provided initial recommendations. These recommendations
have been included in the resolution for the Commissions review under Section 1 and have the
following justifications:
a) The Godwin Glacier Tours, LLC is encouraged to lease entire .3 acre Lot 5, Block 3,
Fourth of July Creek Subdivision. If the entire parcel is not leased, then the Proposer shall
be required to replat the property, and the lease shall not take effect until after the final
plat is recorded.
Harbor Master Kari Anderson identified this parcel as a potential lease site for the
request. This block has already been subdivided into smaller parcels. Although larger
then the request, the Proposer should be encouraged to lease a currently platted parcel,
but would then be allowed to sublease to other parties pursuant to the conditions of their
lease. If during the negotiation process a smaller parcel is identified, then the Proposer
should be required to complete replat process to include any expenses.
b) Godwin Glacier Tours, LLC shall submit a waste disposal plan. The plan must be
approved by administration prior to waste being placed on the site.
Godwin Glacier Tours removes dog and human waste from their operations on the
glacier. Multiple City of Seward Department Heads recommended a disposal plan be in
place to insure waste is disposed of properly without impact to our watershed, sewer
system and other public or private properties.
Page 1 of 2
25
c) Godwin Glacier Tours, LLC shall submit a compliance plan for the applicable
environmental laws. This plan must be approved by administration.
Proposer states that vehicles and aviation equipment will be stored on the site. This could
include petroleum substances and other hazardous materials. City property should be
protected and the lease should include a requirement for a plan to comply with the
necessary environmental regulations.
d) Godwin Glacier Tours, LLC shall comply with all Seward City Code requirements.
Specifically, the Building Department, Fire Department and Community Development
have specific code requirements regarding the proposed convex structures and outdoor
storage. These requirements will have to been reviewed and followed prior to the final
lease agreement.
e) Godwin Glacier Tours, LLC shall obtain a Terminal Use Permit for all helicopter
operations.
The Harbor Master has identified the Terminal Use Permit as the mechanism to allow
helicopter operations in the SMIC area. The Proposer was provided with this information
in conjunction with their request for mobilization and demobilization of their operation in
the area.
f) Any additional staff comments and recommendations shall be considered during the
negotiation process.
As additional clarification is obtained and as the lease negotiations progress, Resolution
1994-101 allows additional opportunity for staff comments. The Commission should
encourage the Council to consider these comments.
g) The lease payments shall be negotiated at the Fair Market Rental Value of the
parcel.
Any public land leased in conjunction with this request should be negotiated at the
property's full value.
CONSISTENCY CHECKLIST:
Where applicable, this resolution is consistent with the Seward City Code, Charter,
Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures.
Other: Council Resolution 1994-101 approving a policy for nominating public property for
dis osal.
RECOMMENDATION:
Approve Resolution 2009-18 Providing Recommendations to Council on the Request by Godwin
Glacier Tours, LLC to Lease a Parcel in the Seward Marine Industrial Center.
Page 2 of 2
26
Page 1 of 1
Christy Terry
From: Paul Carter [haystackmountain@hotmail.com)
Sent: Saturday, June 13, 2009 12:22 PM
To: Christy Terry
Subject: RE: SMIC Land Lease
Hi Christy,
Please move forward with the SMIC Land Lease application. We are looking for a long term
y lease on 2,000 square feet of land for Godwin Glacier Tours, LLC. Let me know if you need
'i anything else so we can expedite the process forward and hopefully get it finalized before
the end of the summer.
Also, I wanted to really thank you for the assistance you have given Godwin Glacier Tours
this summer. I have to say I have been overly impressed with your professionalism and the
effort you have put forth on our behalf...
Sincerely,
~J Clll,~ l~~%l'~c'~N-
Godwin Glacier Tours, LLC
PO Box 3125
Seward Alaska 99664
(907) 491-0240
Hotmail~ has ever-growing storage! Don't worry about storage limits. Check it out.
7/ 1 /2009 27
SMIC Proposed Site Plan
A ALL
Notes:
1 Lot would be used for storing of (3) connexes with marine and aviation equipment
2 Development schedule to be completed within 30 days of approval of lease
3 Location will be used to stage cargo transports primarily spring and fall of each year.
Additional square footage would be requested of the Harbor Office each year for mobilization
and demobization of our Godwin Glacier Camp. The area use is about 4000 square feet and only
needed for approximately 48-72 hours.
4 Vehicles storage would be tractor with trailer and other vehicles used in our summer operations.
Other vehicles include passenger vans, cargo van, and various equipment used in the summer
operations.
5 No electricity is required, nor is sewer and water.
28
Entity
Q9'Nlne Pe,iblic'iNotic~
~i M" .:;
Page 1 of 1
_..
Search Date: ?/1/2009
,~By Entity Narne Filed Documents
.~ By AK Entity # (Click above to view filed documents that are available.)
By Offcer Name
By RegisVe ed Agen# Entity Name History
tY
v
.~ enfy Certification
Biennial Report Name Name Type
~ File Onfine Godwin Glacier Tours, LLC Legal
;~ Initial Biennial Report
LLC
.File Online Limited Liability Company Information
Business Corporation
File Online
Online Orders qK Entity #:
,~ Register for Online Status:
Orders
Order Goad Standing Entity Effective Date:
Name Registration Primary NAICS Code:
.~ Register a Business
Name Online Home State:
.~ Renew a Business Name
Principal Office Address:
Expiration Date:
Last Biennial Report Filed Date:
Last Biennial Report Filed:
Registered Agent
121617
Active -Good Standing
04!25/2009
713990: All Other Amusement and Recreation
Industries
AK
N/A
Perpetual
0
Agent Name: Cork, James
Office Address: Mi 2 Sewatd Hwy at the Arpt
Seward AK 99664
Mailing Address:
Principal Office Address: No Address
Organizers
Name: James Cork
Address: PO Box 28038
Scottsdale AZ 85225
Title: Organizer
Owner Pct:
Name: Paul Carter
Address: PO Box 3125
Seward AK 99664
Title: Organizer
Owner Pct:
Officers & Directors
VJebmaster ror?act the Divson
29
httnc•//mvalacka state ak nc/hncinecc/cnckh/C'nrn :..... ,7R~17 7/1 /2M9
Officers & Directors
By Entity Name
By AK Entity #
1 By Officer Name
~s By Registered Agent
Verify
Verify Cer#ification
Biennial Report
File Online
y initial Biennial Report
i_i_C
:File Online
Business Corporation
.~Fi1e Online
Online Orders
Register for Online
Orders
Order Good Standing
Name Registration
Register a Business
Name Online
Renew a Business Na
Webmaster Contact the Division
Page 1 of 1
Department of Commerce
Officers 8~ Directors
'find
Name Title(s)
James Cork Organizer
PO Box 28038
Scottsdale AZ 85225
Paul Carter Organizer
PO Box 3125
Seward AK 99664
Click here to go back to the Corporation
30
httn.c~//mvalaska.state.ak_u~/husine~s/~~skh/Name.........?PTtemT1~=37Rh17 7/1 /2~~9
Alaska Division of Corporations, Business, and Professional Licensing Pa e 1 of 1
g
~~-~~
State of Alaska > Commerce > Corporations, Busknzss and Professional Licensing > Business Licznsz Starch
LicNum: 928879
Business Name: GODWIN GLACIER TOURS, LLC
Address: P.O. BOX 2711
SEWARD AK 99664
Status: ACTIVE
Original Issue: 04/28/2009
Current Issue:
Expiration: 12/31 /2010
Business Type: LLC
Tobacco Endorsements: 0
Line Of Business: Transportation and Warehousing
Primary Activity: 487990
Secondary Activity:
Owners: GODWIN GLACIER TOURS, LLC
GODWIN GLACIER TOURS, LL C Home Page.
View Your Professional License using our Search Program
~ We6master Email Business and Professional Licensing Email Corporations
Commerce
31
httn•//www.cnmmerce.Mate_ak_us/~cc/hu~search/F.......: tail_cfm?T.icNnm=9?_RR79 7/1 /2~O9
Alaska Division of Corporations, Business, and Professional Licensing Page 1 of 1
,_
..,'~
~t,~is~~~ ..icr~5~ ~ir~rc:kt
State of Alaska > Commerce > Corporations, Business and Professional Licensing > Business License Search
LicNum: 930150
GODWIN GLACIER TOURS, LLC DBE GODWIN GLACIER DOG SLED
Business Name: TOURS
Address: 2082 AIRPORT ROAD
SEWARD AK 99664
Status: ACTIVE
Original Issue: 05/30/2009
Current Issue:
Expiration: 12/31 /2009
Business Type: LLC
Tobacco 0
Endorsements:
Line Of Business: Arts, Entertainment and Recreation
Primary Activity: 711219
Secondary Activity:
Owners: GODWIN GLACIER TOURS, LLC
GODWIN GLACIER TOURS, LLC DBE GODWIN GLACIER DOG SLED TOURS Home Page.
View Your Professional License using our Search Program
` Webmaster Email Business and Professional Licensing Email Corporations
Commerce
32
httn://www.commerce.state.ak.us/occ/bussearch/L _.__ aail.cfm?LicNum=930150 7/1/2009
City of Seward, Alaska
• Lease Policies and Procedures
PROCEDURES FOR NOMINATING PUBLIC LANDS FOR LEASE
The following procedures have been adopted by the Seward City Council to allow
the public to nominate city owned lands not otherwise designated as available for lease
development:
A. Any person may make written nomination to the City Council for the city
to dispose of public lands without divulging specific development ideas or purposes.
B. If requested by the City Council, city staff will research and prepare a report
on titles, covenants, deeds, zoning, land use planning, other land restrictions, and any
planned public uses associated with the nominated lands.
C. The Planning and Zoning Commission will review and make a recommen-
dation to the City Council regarding the pros and cons of disposing of the nominated
parcel.
D. The City Council will hold a public hearing on the disposal of the
nominated property and, by resolution, will make a determination as to whether or not
to dispose of the nominated lands. If the City Council finds that it is in the public
interest to dispose of the nominated lands, the resolution shall specify the method of
disposal, i.e., lease, sale, negotiation, bid, or request for proposals.
E. If the City Council finds it in the public interest to lease the nominated
land, the City Manager shall proceed with the disposal process following polices and
procedures outlined in the City Code and this resolution.
LEASE PROPOSAL POLICIES AND PROCEDURES
The following procedures have been adopted by the Seward City Council to guide
prospective lessees and the city administration in handling proposals on city-owned
lands designated for lease disposal
A. The prospective Lessee shall submit to the City Manager a written
development plan, including a conceptual site plan, building elevation drawings, a
construction schedule, and proof of project financing.
B. The lease development proposal shall be submitted to the Planning and
Zoning Commission at their next regular meeting, for review and written recommen-
City of Seward, Alaska
Attachment A
Resolutiott No. 94-I01
Page 1
33
dations, including any special lease conditions the Commission determines to be in the
public interest.
• ro osal alon with written Planning Commission and staff comments
C. Thep p g
and recommendations shall be submitted to the City Council, at the next regularly
scheduled meeting, subject to agenda deadlines.
D. Not later than 30 days following presentation to Council, the City Council
shall determine whether it is in the public interest #o proceed with lease negotiations.
E. Upon directing the administration to proceed with the lease negotiations,
the prospective Lessee shall, within 30 calendar days, deposit with the city a cash
performance bond in an amount not less than one-half the first yearns lease payment as
estimated by the city administration.
1.. If the prospective Lessee does not diligently pursue lease negotiations
within 60 days of the date that the Council consents to the commencement of said
negotiations, the entire performance bond shall be retained by the city as liquidating
damages.
2.. If the city and the prospective Lessee reach an impasse and are
unable to come to terms on a lease agreement, the performance bond shall be returned
to the prospective Lessee after deducting lease document preparation costs incurred by
the city. Such costs shall include, but not be limited to, appraisals, attorney and actual
staff costs, advertising and other incidental expenses.
F. 1f the city and the prospective Lessee reach an agreement on Lease terms,
the lease documents shall be signed by the prospective Lessee, approved as to form by
the City Attorney and forwarded to the City Clerk Once the Clerk receives the properly
signed lease agreement, a public hearing will be advertised and held in accordance with
provisions of the Seward City Code, and the lease agreement will be presented to the
City Council for action.
G. If the proposed lease is approved by the City Council, the resolution
approving the lease and the lease agreement shall be posted for thirty days as required
by the City Code. Barring the filing of a sufficient referendum petition to set aside the
lease, the lease shall then become effective 30 days after passage and posting. Once the
Lease agreement becomes effective, the city shall deduct from the performance bond all
lease preparation costs incurred by the city, including but not limited to appraisals,
attorney and staff time, advertising and other incidental costs. The remainder of the
performance bond, if any, shall be credited towards the rents due, and the Lessee shall
be billed in accordance with the cit}~s quarterly lease billing cycle.
~~
~~
City of Bernard, Alaska
Attachment A
Resolution No. 94-102
Page 2
34
H. In the event the City Council fails to approve the lease agreement within
• 60 days of the date the negotiated lease agreement is first presented to the City Council,
the total cash performance bond shall be returned to the prospective Lessee.
I. The City Council may waive any or all of these requirements as it deems
necessary to ensure successful completion of the tease negotiations.
LEASE ADMINISTRATION POLICIES AND PROCEDURES
The following procedures have been adopted by the Seward City Council to guide
lessees and the city in the fair conduct of business associated with lease administration:
A. Fees set by resolution of the City Council will be assessed to cover
administrative time, copying costs, phone calls, postage, Legal notices and other costs
associated with processing all tease assignments, amendments, and sublet consent actions
requested by lessees. Additionally, lessee will pay all recording fees and will reimburse
the city of city attorney time in connection with the requested action or actions.
B. Lease assignments and sublet consent requests will be reviewed, processed
and approved as administrative functions subject to:
1. All taxes (real, personal and sales), utilities, lease payments, assess
ments, licenses and insurance must be current.
2. Ail a ro riate fees must be aid in advance.
PP P P
3. City sublet approval will not be required for individual tenant space
rentals in buildings designed with separate retail and office spaces.
4. Following evaluation and administrative determination, the city may
require a personal guarantee by lessees requesting assignments to corporations which are
principally owned by lessee and created for tax and liability purposes.
5. Each sublessee must provide proof of insurance in accordance with
the principal lease, naming the city as an insured party.
6. The city must be provided a copy of any sublet agreements, including
lease amounts, so that the city may forward this information to city appraisers for future
fair market value determinations. Copies of the sublet agreements, including lease
amounts, will be provided to the City Council at the next regular Council meeting.
C. Amendments to leases that change the essential terms and conditions (lease
rate, term, land area, or development conditions) may be approved only by resolution
of the City Council. Such requested amendments will be scheduled for Council action
• only after the following terms have been met:
City of Seward, Alaska Resolution No. 94-101
Attachment A paw 3
35
1. All taxes (real, personal and sales), utilities, lease payments, assess
. ments, licenses and required insurance must be current;
2. All appropriate fees must be paid in advance; and
3. The lessee's signature(s) must be in place on all required documents.
•
~J
City of Seward, Alaska
Attachmenf A
Resolution No. 94-IOT
Page 4
36
Sponsored by: loves
u
CITY OF SEWARD, ALASKA
RESOLUTION NO. 1 1
A RESOLUTION OF THE CITY COUNCIL OF T7riE CITY
OF SEWARD, ALASKA, .APPROVING A POLICY FOR NOMINATING
PUBLIC PROPERTY FOR DISPOSAL
WHEREAS, the city regularly receives unsolicited proposals to lease city land; and
WHEREAS, the city has no written policy regarding the ident~cation and nomination
of public lands for disposal; and
WHEREAS, it is in the public interest to adopt such policies;
LJ
NOW, 'T'HEREFORE, BE IT RESOLVID BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, that:
Section 1. City of Seward Lease Policies and Procedures, a copy of which is attached
and incorporated herein by reference, is hereby ADOPTED.
eetion 2. All prior resolutions in conflict herewith are hereby RESCINDED.
Secti n This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 8th
day of August, 1994.
THE CITY OF SEWARD, ALASKA
~~,YL,~J
Dave W. Crane, Mayor
•
AYES: Anderson, Bencardino, Crane, Krasnansky and Sieminski
NOES: Darling
ABSENT: O'Brien
ABSTAIN: None
37
crrY OF sEwARD, ALASxA
RESOLUTION NO. 94-1 1
ATTEST:
~fda'S. N.
City Clerk
(City Seal)
APPROVED AS TO FORM:
Wohlforth, Argetsinger, Johnson & Brecht,
Attorneys for the city of Seward, Alaska
City Attorney
38
Sponsored by: Administration
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2009-19
A RESOLUTION SUPPORTING COUNCIL REQUESTING THE USDA
NATURAL RESOURCES CONSERVATION SERVICES
EXPEDITIOUSLY COMPLETE SOILS SURVEYS IN THE SEWARD
AREA
WHEREAS, flooding has occurred in the Seward-Bear Creek Flood Service Area
(SBCFSA) repeatedly; and
WHEREAS, a federal disaster has been proclaimed within SBCFSA three times since
1986; and
WHEREAS, there are currently no accurate soils maps available for the lands within the
SBCFSA; and
WHEREAS, accurate soil mapping is necessary to help define historic flood zones and
to predict effects of future flooding events; and
WHEREAS, to provide the best possible management for flooding issues within the
SBCFSA accurate soils mapping is necessary; and
WHEREAS, the KPB Flood Plain Task Force and the SBCFSA are taking every
reasonable action to minimize future flood damage; and
WHEREAS, the KPB Flood Plain Task Force has identified the need for accurate soils
maps to allow analysis of historic flood events and for use in designing flood prevention
structures and flood reduction planning; and
WHEREAS, the SBCFSA Board supported this resolution at its July 6, 2009 meeting;
and
WHEREAS, the Kenai Peninsula Borough Assembly will review this resolution at its
July 7, 2009 meeting; and
WHEREAS, the Seward City Council will review this resolution at its July 13, 2009
meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION, that:
Section 1. Council officially requests that the USDA Natural Resources Conservation
Service prioritize the SBCFSA for completion of soils survey as soon as possible.
Section 2. Copies of this resolution
Conservation Service, Environmental Protectio
Borough.
shall be sent to USDA Natural Resources
n Agency (EPA) and the Kenai Peninsula
39
CITY OF SEWARD, ALASKA
Resolution 2009-
Section 3. This resolution takes effect immediately upon its adoption.
PASSED AND APPROVED by the Planning and Zoning Commission of the City of
Seward, this 7`h day of July, 2009.
THE CITY OF SEWARD, ALASKA
Sandie' Roach, Chair
AYES:
NOES:
ABSENT:
ABSTAIN:
VACANT:
ATTEST:
Jean Lewis
City Clerk, CMC
(City Seal)
40
Commission Agenda Statement
Meeting Date: July 7, 2009
To: Planning and Zoning Commission
From: Community Development Director Christy Terry
Agenda Item: Supporting Council Requesting the USDA
Natural Resources Conservation Services
Expeditiously Complete Soils Surveys in the Seward Area
BACKGROUND & JUSTIFICATION:
The Kenai Peninsula Borough Flood Plain Task Force was formed by the Borough Assembly on
January 20, 2009 to examine possible solutions regarding flood plain issues for the Seward-Bear
Creek Flood Service Area. The Task Force has made recommendations to address important flood
mitigation items and has requested legislative support from the local boards, commissions, the
Seward City Council and the Kenai Peninsula Borough Assembly.
The Seward Bear Creek Flood Service Area Board, Kenai Peninsula Borough and the City of Seward
are working to lessen impacts to flooding in the Seward area. Accurate soil mapping is necessary to
help define historic flood zones and to predict effects of future flooding events. The Kenai Peninsula
Flood Plain Task Force has identified the need for accurate soils maps to allow analysis of historic
flood events and for use in designing flood prevention structures and flood reduction planning.
At the request of the Kenai Peninsula Borough Assembly, copies of this resolution shall be sent to
the USDA Natural Resources Conservation Service and the Environmental Protection Agency.
RECOMMENDATION:
Approve Resolution 2009-19 Supporting Council Requesting the USDA Natural Resources
Conservation Services Expeditiously Complete Soils Surveys in the Seward Area.
41
Introduced by: Long at the Request of the
Flood Plain Task Force
Date: 07/07/09
Action:
Vote:
KENAI PENINSULA BOROUGH
RESOLUTION 2009-058
A RESOLUTION REQUESTING THE USDA NATURAL RESOURCES
CONSERVATION SERVICE EXPEDITIOUSLY COMPLETE SOILS SURVEYS IN
THE SEWARD AREA
WHEREAS, flooding has occurred in the Seward-Bear Creek Flood Service Area (SBCFSA)
repeatedly; and
WHEREAS, a federal disaster has been proclaimed within SBCFSA three times since 1986; and
WHEREAS, there are currently no accurate soils maps available for the lands within the
SBCFSA; and
WHEREAS, accurate soil mapping is necessary to help define historic flood zones and to predict
effects of future flooding events; and
WHEREAS, to provide the best possible management for flooding issues within the SBCFSA
accurate soils mapping is necessary; and
WHEREAS, the Kenai Peninsula Borough Flood Plain Task Force and the SBCFSA are taking
every reasonable action to minimize future flood damage; and
WHEREAS, the KPB Flood Plain Task Force has identified the need for accurate soils maps to
allow analysis of historic flood events and for use in designing flood prevention
structures and flood reduction planning; and
WHEREAS, the KPB Flood Plain Task Force passed a resolution recommending that the
assembly request the USDA Natural Resources Conservation Service to
expeditiously complete soils surveys in the Seward area for the purposes described
above; and
WHEREAS, the planning commission reviewed this resolution at its June 22, 2009, meeting and
recommended adoption by unanimous consent; and
WHEREAS, the City of Seward Advisory Planning Commission reviewed this resolution at its
meeting and recommended ;and
Kenai Peninsula Borough, Alaska Resolution 2009-058
Page 1 of 2
42
WHEREAS, the SBCFSA board reviewed this resolution at its
recommended
meeting and
NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI
PENINSULA BOROUGH:
SECTION 1. That the Kenai Peninsula Borough Assembly requests that the USDA Natural
Resources Conservation Service prioritize the SBCFSA for completion of a soils
survey as soon as possible.
SECTION 2. That copies of this resolution shall be sent to USDA Natural Resources Conservation
Service, Environmental Protection Agency (EPA), and
SECTION 3. That this resolution takes effect immediately upon its adoption.
ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 7TH
DAY OF JULY, 2009.
ATTEST:
Johni Blankenship, Borough Clerk
Yes:
No:
Absent:
Resolution 2009-058
Page 2 of 2
Milli Martin, Assembly President
Kenai Peninsula Borough, Alaska
43
w..~...y~..
TO:
FROM:
KENA/ PENINSULA BOROUGH
144 North Binkley Street • Soldotna, Alaska 99669-7520
Toll-free within the Borough: 1-800-478-4441
PHONE: (907) 262-4441 • FAX: (907) 262-1892
www.borough.kenai.ak.us
MEMORANDUM
Milli Martin, Assembly President
Members, Kenai Peninsula Borough Assembly
Ron Long, Assembly Member ~- ~~ ~~
DATE: June 25, 2009
DAVE CAREY
BOROUGH MAYOR
SUBJECT: Resolution 2009- ~5$ ,requesting the USDA Natural Resources Conservation
Service (MRCS) expeditiously complete soils surveys in the Seward area
In an effort to take every reasonable action to assist planning related to flooding issues in
the Seward area, the Flood Plain Task Force has identified the need to have soils surveys
completed. The NRCS has completed similar work on the Peninsula and is in a position to
complete this project in the upcoming funding cycle. The Seward Bear Creek Flood Service
Area has recently made a commitment to completing a Watershed Master Plan. Having the soil
survey information in the Master Plan would assist hydrological analysis and modeling
efforts and would increase accuracy.
The NRCS is the agency that completes these surveys nationwide. On the Kenai
Peninsula, the Seward area and several other less populated areas have not had soil surveys
completed. To assist the NRCS in prioritizing their future work, input from regional
governmental agencies is utilized.
The Flood Plain Task Force is requesting that the KPB Assembly pass this resolution so
that the KPB is officially requesting that the NRCS complete soils surveys in the Seward area as
soon as possible. Passing the resolution will also send a message to other agencies requesting
them to take similar action.
Thank you for considering this issue.
44
~ KENA/ PENINSULA BOR
OUCH
~~~~ 144 North Binkley Street ~ Soldotna, Alaska 99669-7520
Toll-free within the Borough: 1-800-478-4441
PHONE: (907) 262-4441 • FAX: (907) 262-1892
~ www.borough.kenai.ak.us
'`;
~"'~- ••-~` ~ DAVE CAREY
BOROUGH MAYOR
MEMORANDUM
TO: Milli Martin, Assembly President
Kenai Peninsula Borough
THRU: ~Rtc~avid R. Carey, Borough Mayor
FROM: ~Iax J. Best, Planning Director
DATE: June 25, 2009
SUBJECT: Kenai Peninsula Borough Flood Plain Task Force Resolution 2009-03, A
Resolution Recommending The Kenai Peninsula Borough Assembly
Request The USDA Natural Resources Conservation Services To
Complete Soils Surveys In The Seward Area Expeditiously
The Planning Commission reviewed the subject Resolution during their regularly
scheduled June 22, 2009 meeting. A motion to recommend adoption of the Resolution
passed by unanimous consent.
45
MEMORANDUM
City of Seward
Community Development
Date: July 7, 2008
To: Planning and Zoning Commission
Through: Community Development Director Christy Terry
From: Executive Liaison Anne Bailey
Subject: July 21, 2009 Work Session
The Commission's next work session is scheduled for 6:30 p.m. on July Z1, 2009.
However, to guarantee that Commissioners will be in attendance the work session could
be moved to July 14, 2009 or July 28, 2009. Due to staff vacations July 28, 2009 would
work best.
The Work Session topic would be Title 15 Code Revisions:
Chapter 1: Definitions and Violations sections
Chapter 10, Zoning: All
Chapter 15, Historical Preservation: All
Chapter 20, Signs: All
If needed the Commission is allowed under Seward City Code 2.30.320 (a) to designate
their own time and place for Meetings and Work Sessions.
46
City of Seward, Alaska
May 7, 2009
Planning Commission Minutes
Volumes h Pnoa 7 ~ F
Call to Order
The May 7, 2009 Regular Meeting of the Seward Planning & Zoning Commission was
called to order at 7:30 p.m. by Chair Roach'.
Opening Ceremony
Commissioner Morgan led the Pledge of Allegiance to the flag.
Roll Call
There were present:
Sandie Roach' presiding, and
Christina Stauffer Steven Heinrich Tena Morgan
comprising a quorum of the Commission; and
Christy Terry, Community Development Director
Anne Bailey, Executive Liaison
Excused were: Cindy Ecklund Sue McClure
City Administration Report
Community Development Director Christy Terry updated the Commission of the
following business items:
• The Seward Highway would not have any more full road closures. Inspections were
scheduled two days a month from 9:30 a.m. to 1:30 p.m. and the road would only be closed
to vehicles above 30,000 pounds during this time.
• Title 15 would be sent to the Commission electronically on May 15, 2009 in preparation
for the May 19, 2009 Planning and Zoning work session. The Port and Commerce
Advisory Board had been invited to attend.
• The Quarterly Joint Work Session with the Seward/Bear Creek Flood Service Area Board
was scheduled for June 1, 2009. The Commission would meet at the Flood Board Office at
6:30 p.m. to tour the office and attend the 7:00 p.m. Flood Board meeting.
• A regular Planning and Zoning meeting was scheduled on June 2, 2009.
Other Reports, Announcements & Presentations -
Community Development had received residential camping complaints and compliance
was being encouraged through public notices stating the code requirements. A city-wide
review would be conducted on June 1, 2009 to address residential camping, junk, and
derelict vehicles. The new code compliance software would be used.
47
City of Seward, Alaska Planning Commission Minutes
May 7, 2009 Volume 6, Page 2 3 7
• Received a complaint about a child care center being allowed in a single family residential
zoning district. It had been determined that this use was allowed outright in the zoning
district.
• On the River was a book the Kenai Peninsula Borough put out and an updated booklet
called On the Coast was being created.
Community Development had received many requests from other departments about basic
zoning questions.
In response to Heinrich, Terry read Seward City Code section 8.15.515 regarding camping
violations to the Commission.
The Commission and Administration discussed including camping during the Title 15 re-
write and how this issue was being enforced.
Citizens' Comments on any subject except those items scheduled for Public Hearing -None
Approval of Agenda and Consent Agenda -
Motion (Heinrich/Morgan) Approve the Agenda and Consent Agenda
Motion Passed
Unanimous
The following items were approved on the Consent Agenda:
Resolution 2009-10, Granting a Fourth 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)
Unfinished Business Items requiring a Public Hearing -None
New Business Items requiring a Public Hearing -None
Unfinished Business- None
New Business -
Resolution 2009-11, Recommending Council Approval of the Planning and Zoning
Priorities from Apri12009 to Apri12010
Terry discussed the Planning and Zoning priorities. She stated Council would approve the
priorities at their May 11, 2009 Council Meeting. She asked the Commission to review the
priorities and stated the Parks and Recreation Plan was the only plan remaining on the list for
the Commission to follow its progress.
48
City of Seward, Alaska
M 7, 2009 Planning Commission Minutes
ay
volume 6, Page 2 3 8
Motion (Stauffer/Heinrich) Approve Resolution 2009-11
In response to Heinrich, Terry clarified the Parks and Recreation Plan was left on the list to
keep the Commission involved in the plans progress.
Motion Passed
Unanimous
Resolution 2009-12, Supporting Council Recommendation that the State of Alaska
Revoke Its March 20, 2006 Navigability Determination as to Salmon Creek, Fourth
of July Creek and Sawmill Creek, All Located in the Vicinity of Seward, Alaska
Terry explained Resolution 2009-12 addressing the navigability of the creeks and how
the royalty fee for flood mitigation was cost prohibitive.
Stauffer discussed this Resolution further stating there was conflicting information on
signage of creeks. She believed this issue needed to be on the record and go forward to the
State.
Terry interjected the Flood Board, the Flood Plain Task Force and the Port and
Commerce Advisory Board had passed similar resolutions. She noted Planning and Zoning's
recommendation would go through Council.
Heinrich discussed the term navigability and asked if this infringed on the publics
right to access state, federal, and recreational land. He said he understood reducing the gravel
fee and hoped to see a map of the areas being affected.
In response to Heinrich, Terry referred to the Resolution and how the creeks
addressed were not navigable according to the Daniel Ball test. She continued to address
Heinrich's questions and statements.
Stauffer explained there was a state statute that defined navigability and she discussed
the navigability of the creeks noted in the resolution.
In response to Heinrich, Terry stated a date for this resolution with Planning and
Zoning's recommendation to go before Council had not been set.
Heinrich asked for a continuation on this resolution so the Commission could review
maps of the area and continued to discuss navigability.
In response to Roach', Terry stated this could be postponed until May 19, 2009 and
stated maps could be provided.
The Commission further discussed navigability and the effect on the creeks addressed
in the Resolution.
49
City of Seward, Alaska Planning Commission Minutes
May 7, 2009 Volume 6, Page 2 3 9
Motion (Heinrich/Stauffer)
Approve Resolution 2009-12
Heinrich requested a visual representation of the water bodies and other information.
Motion (Heinrich/Morgan) Postpone Resolution 2009-12 until the
May 19, 2009 meeting
The Commission discussed the information they would like from staff.
In response to Roach', the information regarding this resolution was noticed through
the Flood Board and Flood Plain Task Force, however, notices were not individually sent to
the land owners.
Motion Passed
Unanimous
Resolution 2009-13, Supporting a Council Recommendation that the State of Alaska
Exempt Flood Mitigation Projects in the Seward Area From the Gravel Royalty Fee,
as it Applies to All Flowing Waters into Resurrection Bay, in the Vicinity of Seward,
Alaska
Terry explained Resolution 2009-13 and stated the Flood Board and Port and Commerce
Advisory Board passed similar resolutions. She clarified that this resolution addresses waiving the
royalty fee for flood mitigation projects during or preparing for flood emergencies. She stated that
Metco does not get charged the royalty fee and the City would not be commercial competition.
Motion (Heinrich/Morgan)
Approve Resolution 2009-13
Stauffer stated the Flood Board would prefer this solution but if the State could not remove
the royalty fee entirely that they reduce it. She furthered discussed gravel removal.
Terry interjected that this Resolution asked to waive the entire royalty fee but negotiations
were a possibility.
In response to Heinrich, Terry stated selling the gravel was not cost effective for the City.
Heinrich suggested the City pay the royalty fee but it goes into a flood mitigation account
that would be given back to the City.
Stauffer interjected that she liked Heinrich's idea on recycling the royalty funds.
Roach' stated that this made good business sense.
Motion Passed
Unanimous
Informational Items and Reports (No action required) -
50
City of Seward, Alaska
May 7, 2009
May 13, 2009 Economic Forum Information
Planning Commission Minutes
Volume 6, Page 2 4 0
Terry commented this Economic Forum was being sponsored by City Council. She referred
to the accomplishments that were completed from the 2007 Economic Forum. She stated there
would be a May 11, 2009 work session at 6:00 p.m. to discuss the Economic Forum format and the
Forum would be held May 13, 2009 at the High School auditorium.
Pavilion Painting Volunteers Needed Ad
Terry stated a pavilion was being built at the end of Adam's street and volunteers were
needed to help paint the pavilion.
Morgan suggested that middle school students help with the project.
Commission Comments -
Stauffer appreciated the opportunity to share her knowledge she gained from the Flood
Board.
Morgan stated she learned a lot about navigability.
Heinrich stated public access was important to him and thought Terry did a job on this.
Roach' appreciated the Commissioners and discussed what each Commissioner brought to
the Commission. She thanked administration for their hard work and discussed the length of the
Conditional Use Permit before an extension was needed.
The Commission discussed the Conditional Use Permit and Terry said she would have Bob
Hicks include the suggestions in the Title 15 rewrite.
Terry noted that she appreciated everyone's hard work.
Citizens' Comments -None
Commissions and Administration Response to Citizens' Comments -None
Adjournment
Meeting adjourned at 8:43 p.m.
Anne Bailey
Executive Liaison
(City Seal)
Sandie Roach'
Chair
51
City of Seward, Alaska Planning Commission Minutes
May 19, 2009 Volume 6, Page 2 3 6
Call to Order
The May 19, 2009 Special Meeting of the Seward Planning & Zoning Commission was
called to order at 7:30 p.m. by Chair Roach'.
Opening Ceremony
Commissioner McClure led the Pledge of Allegiance to the flag.
Roll Call
There were present:
Sandie Roach' presiding, and
Sue McClure Cindy Ecklund Christina Stauffer
Steven Heinrich Tena Morgan
comprising a quorum of the Commission; and
Christy Terry, Community Development Director
Donna Glenz, Assistant Planner
Anne Bailey, Executive Liaison
City Administration Report
Community Development Director Christy Terry updated the Commission of the
following business items:
• Two appraisers from the Kenai Peninsula Borough were in town conducting a mass
appraisal. This was a citywide review incorporating attributes into the property's values
and changes to the property values would be provided to property owners in the next year
and the owners would be able to appeal at that time.
• City property had been vandalized near the tent area, the skate park, and playground. The
police were investigating and the Hoben Park fountain opening would be delayed until
after high school graduation.
• The Commission's quarterly joint work session with the Flood Board was on June 1, 2009.
The Commission would tour the Flood Board office at 6:30 p.m. and attend the Flood
Board meeting at 7:00 p.m.
• Northern Economics presented the Seward Marine Industrial Center Uplands Operational
Analysis to the Port and Commerce Advisory Board (PACAB) and Council on May 18,
2009. PACAB would evaluate the five possible courses of action for the area and
recommend a course of action.
• Community Development had received residential camping complaints and was
encouraging compliance with the code requirements. On June 1, 2009, a citywide review
52
City of Seward, Alaska
May 19, 2009
Planning Commission Minutes
Volume 6, Page 2 3 7
would be conducted on this issue and others. The Department would develop a database
using the code compliance software.
• Community Development had received requests from other departments for determinations
on basic zoning questions and planning issues.
Other Reports, Announcements & Presentations -None
Citizens' Comments on any subject except those items scheduled for Public Hearing -None
Approval of Agenda and Consent Agenda -
Motion (McClure/Ecklund)
Approve the Agenda and the Consent
Agenda
Terry suggested the Commission take afive-minute recess after the public hearing item to
review the posted maps.
Motion Passed
Unanimous
The following items were approved on the Consent Agenda:
April 21, 2009 Special Meeting Minutes
Unfinished Business Items requiring a Public Hearing -
Resolution 2009-14, Granting Jim Hoeffler a Variance from Seward City Code Chapter
15.25 Floodplain Management to construct an aircraft hanger on Lot SA, Block 200
Seward Airport
Terry reviewed Resolution 2009-14 and stated the findings and the allowances that would be
made regarding this floodplain variance request. She stated that building up in the proposed hanger
area would cause more problems by creating a velocity zone and the applicant was in the audience
to answer questions.
In response to McClure, Terry stated the hangers currently present in this area had received
variances and some were built before the floodplain ordinance. In further response to McClure,
Terry stated none of the hangers in this location were built above the base flood elevation and if
they were the hanger would be rendered useless.
In response to Heinrich, Terry stated the Commission would issue one variance, which
encompassed three sections of the code.
In response to Ecklund, Terry stated the applicant had been notified of the cost of flood
insurance and is required to have it.
53
City of Seward, Alaska Planning Commission Minutes
May 19, 2009 Volume 6, Page 2 3 8
In response to Stauffer, Terry stated restrictions had not been placed on the containment of
oils, fluids, and other items that could pollute the water.
In response to Morgan, Terry stated the State of Alaska had specific stipulations on the
maintenance of fluids on their lease sites.
Glenz added the building permit process the applicant would go through addressed oil storage.
She continued since it was State owned land he would have to go through the State building
process.
Notice of public hearing being posted and published as required by law was noted and the
public hearing was opened.
Jim Hoeffler, outside City limits, stated he was an AMP mechanic and had inspection
authorization. He noted the State and FAA required building permits in addition to the City of
Seward and if a drain facility were in the hanger anoil/water separator would have to be installed.
He said he had submitted the building permit application, the State suggested getting the City of
Seward permit first due to the floodplain situation, and the FAA would not approve any elevation
increase at the airport. He concluded he would do light maintenance in the hanger and would
mainly be used for the use of his own airplanes.
In response to Ecklund, Hoeffler discussed the stipulations on the height of the mechanical
equipment and scuppers.
In response to Morgan, Hoeffler stated he would receive a building license for his services.
In response to Heinrich, the property was leased from the State and the term of the lease
was based on the investment amount you put on the property.
No one else requested to be heard and the public hearing was closed.
Motion (Heinrich/McClure) Approve Resolution 2009-14
McClure voiced her initial concern with this since it seemed to counter what the floodplain
task force was trying to accomplish and would approve it.
Heinrich stated he was in favor of this.
Motion Passed
Unanimous
The Commission recessed from 7:58 p.m. to 8:02 p.m.
New Business Items requiring a Public Hearing -None
Unfinished Business-
54
City of Seward, Alaska
May 19, 2009
Planning Commission Minutes
Volume 6, Page 2 3 9
Resolution 2009-12, Supporting Council Recommendation that the State of Alaska
Revoke Its March 20, 2006 navigability Determination as to Salmon Creek, fourth
of July Creek and Sawmill Creek, All Located in the Vicinity of Seward, Alaska
Terry reviewed Resolution 2009-12 stating this had been discussed at the May 7, 2009
meeting and more information had been included for the Commission's review. She showed the
Commissioner's the location of the Creek's on the maps and what was located around them. She
discussed the straight stream access law and the vacation of public easements and access along
these streams.
Roach' excused herself from the meeting at 8:0$ p.m. and returned at 8:10 p.m.
In response to Ecklund, Terry further discussed the access to the river and confirmed that
whether the stream was navigable or non-navigable you could float on it. Terry reintroduced the
Resolution and why this had been brought before the Commission.
Heinrich recapped the May 7, 2009 discussion on this issue emphasizing the royalty fees,
protecting the public rights associated with navigability, and thought this was the wrong way about
proceeding on this issue.
Morgan explained the Commissions decision moved forward to the State as a
recommendation.
Stauffer clarified the Commissions recommendation would go to the Borough assembly
and then to the State. She said the goal was to show that different agencies within the Seward
community supported the idea; she discussed the navigability determinations, and noted she was in
favor of this resolution.
McClure stated this issue arose from the Floodplain Task Force to make an attempt to have
something occur with the floodplain issues. She thought it was important to show support on this
issue.
In response to Ecklund, Terry confirmed this resolution would allow gravel to be extracted
without a fee but any gravel extraction would still be required to go through the permitting process
protecting the habitat.
Roach' appreciated the discussion on the navigability and the rights of citizens.
Stauffer voiced concern with the public accessing the stream and the effect on the stream
bank owners.
Motion Passed
New Business -
Unanimous
55
City of Seward, Alaska Planning Commission Minutes
May 19, 2009 Volume 6, Page 2 4 0
Schedule Title 15 Revision Work Sessions
Terry stated the code revision process would involve the Commission and the public.
She reviewed the two suggested schedules; (1) Postpone updates until August or September.
(2) Hold Work Sessions in May and June, allow staff to make suggested changes, hold two
public work shops in August and September, and bring the final product to the Commission
for recommendation and Council for approval. She noted the June 2, 2009 regular Planning
and Zoning meeting had been cancelled.
The Commission discussed their schedules and agreed to hold the work sessions in
May and June. The Commission decided on the following schedule May 28th, June 9th; June
16th; June 17th (noon); and June 23, 2009 from 6:30 p.m. to 9:30 p.m.
Terry stated she would provide the Commission an electronic version of the schedule
and the Title 15 code updates.
Informational Items and Reports (No action required) -None
Commission Comments -
Stauffer stated she was glad that Resolution 2009-12 was approved and would like to see
the State make a decision on the gravel fee.
Heinrich commented he might miss some of the work sessions in June due to his work
schedule.
Ecklund said she attended the Business and Economic Forum and asked the minutes be
emailed to the Commission and taken into consideration during the code updates.
Roach' suggested Heinrich put any code comments in writing for the Board to consider
during the review and complimented Administration on their hard work.
Citizens' Comments -None
Commissions and Administration Response to Citizens' Comments -None
Adjournment
Meeting adjourned at 8:39 p.m.
Anne Bailey
Executive Liaison
(City Seal)
Sandie Roach'
Chair
56
rn
0
0
N
N
n
a
a~
r
.~
z