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HomeMy WebLinkAbout12012009 Planning & Zoning PacketSeward Planning & Zoning Commission Meeting Packet December 1, 2009 Regular Meeting City Council Chambers Beginning at 7:30 p.m. Seward Planning & Zoning Commission Regular Meetin December 1, 2009 7:30 P.m. Jtv ,ounci . . am er.c Sandie Roach' Chair Term Expires 02110 Steven Heinrich Vice Chair Term Expires 02111 Frank DerLtarco Commissioner Term Expires 02112 Tena Morgan Commissioner Term L:xpires 02/10 Christina Stauffer Commissioner Terra Expires 02/12 Cindy Ecklund Commissioner Term Expires 02/11 Phillip Oates City Manager Christy Terry Community Development Director Suzi Towslev Executive Liaison 1. Call to Order 2. Opening Ceremony A. Pledge of Allegiance 3. Roll Call 4. Special Reports & Presentations A. City Administration Report B. Other Reports, Announcements & Presentations 5. Citizens' Comments on any subject except those items scheduled for public hearing. [Those who have signed in will he 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.] Planning and Zoning Commission Regular Meeting Agenda December 1, 2009 F I 1 7. Public Hearings [Limit comments to 5 minutes. Those who have signed in will be given the first opportunity to speak] A. Unfinished Business Items requiring a Public Hearing — None B. New Business Items requiring a Public Hearing -None 8. Unfinished Business — None 9. New Business — A. Resolution 2009-25 of the Seward Planning And Zoning Commission, Providing a Recommendation to Council on the Nomination for Disposal and Lease Reconunendations for Lot ZZ Forest Acres Subdivision ................................... Page 3 B. Approve the 2010 Planning and Zoning meeting schedule and public hearing Cut-off- dates............................................................................................................... Page 11 C. Set topic or cancel December 15, 2009 Planning and Zoning Work Session.... Page 14 * D. October 8, 2009 Regular Meeting Minutes ...................................................... Page 15 * E. October 20, 2009 Special Meeting Minutes .................................................... Page 18 * F. November 5, 2009 Regular Meeting Minutes .................................................. Page 26 10. Informational items and Reports (,'Vo action required) - A. Rescheduled (December 1, 2009) Quarterly Work Session with the P&Z Commission and Seward Bear Creek Flood Service Area Board ........................................ Page 30 B, Thank you note to the Commission from Representative Paul Seaton ............ Page 31 11. Commission Comments 12. Citizens' Comments [Limit to 5 minutes per individual - Each individual has one opportunity to speak] 13. Commissions and Administration Response to Citizens' Comments 14. Adjournment Planning and Zoning Commission December 1, 2009 F 2 2 Regular Meeting Agenda Sponsored by: Administration CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2009-25 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, PROVIDING A RECOMMENDATION TO COUNCIL ON THE NOMINATION FOR DISPOSAL AND LEASE RECOMMENDATIONS FOR LOT ZZ FOREST ACRES SUBDIVISION WHEREAS, the City of Seward is pursing purchase of Lot ZZ, Forest Acres Subdivision, according to Plat No. S-17; and a boundary survey of Forest Acres Subdivision, according to Plat 78-4, Records of the Seward Recording District, Thirst Judicial District, State of Alaska; and WHEREAS, this parcel is one of the three primary properties remaining for which the City requires access for the North Forest Acres Levee/Road Project; and WHEREAS, since the City does not currently own the parcel and a purchase agreement will be before Council at a later date, the City has not previously identified this parcel as available for disposal; and WHEREAS, as part of the purchase agreement, the sellers are requesting a lease agreement with them in lieu of personal property relocation; 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 recommendations to the City Council regarding the pros and cons of disposal of the nominated parcel by negotiation in the event the property is purchased by the City of Seward; 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 in the event the property is purchased by the City of Seward; and WHF,REAS, the proposal along with written Planning Commission and staff comments and recommendations shall be submitted to the City Council; and WHEREAS, the nomination for disposal and lease 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: 3 Seward Planning and Zoning Commission Resolution 2009-25 Page 2 of 3 Section 1. The Commission finds that because the City is pursuing the purchase of Lot ZZ, Forest Acres Subdivision specifically for the North Forest Acres Levee Project and the sellers have agreed to sell the property with the condition that the City enters into a lease agreement in lieu of personal property relocation, then the recommendation to Council is to dispose of this property by lease within the purchase negotiations. The Commission further finds that the public benefit is well demonstrated with the requested ±15,654 square foot north portion of Lot ZZ, Forest Acres Subdivision as a Public Use Easement in compliance with the development of the North Forest Acres Levee Project. Section 2. The Commission has reviewed the submitted proposal and makes the following lease recommendations in the event that the purchase negotiations are successful: a) Lessees may use only that portion of the Leased Land not subject to the Public Use Easement as shown on Exhibit A. b) Lessees shall comply with all Seward City Code requirements, specifically including but not limited to, Seward City Code Chapter 15.25 Floodplain Management. c) Lessees shall comply with all State and Federal permits and approvals, including but not limited to those required by, the U.S. Army Corps of Engineers, the Environmental Protection Agency, the Alaska Department of Public Facilities and Transportation, the Alaska Department of Public Facilities and Transportation, the Alaska Department of Fish and Game, and the Alaska Department of Environmental Conservation. d) Lessees shall not use the Leased Land in any manner or construct any facilities thereon which would inhibit the use of the adjacent or other lands. e) Lessees shall not use the Leased Land in any manner or construct any facilities thereon which would damage, impact the operation or impact the effectiveness of the levee. f) Any additional staff comments and recommendations shall be considered during the lease negotiation process. g) Initial lease payments shall be determined within the purchase negotiations, based on fair market rental value. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 1st day of December 2009. AYES: THE CITY OF SEWARD Sandie Roach, Chair !� Public Use Easement North Forest Acres Levee Project Parcel Number RES 005 Located within Lot ZZ Forest Acres Subdivision Plat Number 78-4 and Record of Survey Number 2008-22 Seward Recording District. As shown on the attached Parcel Map. Described as follows; Beginning at the Southwest corner of Lot ZZ; Thence N16'59'36"W, 130.071, along the West boundary of Lot ZZ, to the True Point of Beginning. Thence N16'59136"W, 79.051, along the West Boundary of Lot ZZ, to the Northwest corner of Lot ZZ; Thence N89'51125"E, 183.291, along the North Boundary of Lot ZZ, to the Northeast corner of Lot ZZ; Thence S43'17139"E, 103.351, along the Bast Boundary of Lot ZZ, to the Southeast corner of Lot ZZ; Thence S89'47132"W, 231.061; to the True Point of Beginning. Containing 15,654 Square Feet, more or less. Exhibit A -- Page 1 of 2 5 S89-51'25'W'253. i8' N89 51 "�,`."F '8329" 1 PUBLIC USE EASEMENT 0 s, 15,654 S.F. 47 2-3 _ Lot ZZ to 6W i 'o. W A. ""T PARCEL S. ..A:.�v... `..........� MAP PUDL/C USE EASEMENT p j m :.wrn. Nieh a'cs Cline: x LOT ZI FOREST ACRES SURDIOSION + CRY Of srwARD ♦ t� fG8 7qq .::5� �1 �v `�� R' a.•x� ` NORTH FOREST ACRES LCAr M70/ECT � i'M.C£L NUMDER RES 005 �aaxxbp� t t within Seelion 34, TlN, R/W, S.M.., Ak r ' %T ux!art CLINE & ASSOCIATES LEGEND + M 4, /'af Nwn7v ?t7-d. eB, 'd R'—d.,q bA &k1 R,5 yNOTE rC kecardinq Dahic! 00.. BOX ;wi .;::WAXO, &A" A 99664 !',runtl Rlnnumenf L6 5152 1991 ocv-t�ls-snr Narlheost corner lot AV !lusts of Deurrs;g s per Record or Survey *-bl r Am 'p,, 5)zd Recording MM-t Fl£LD 900X: 08-E r ® i"ouno i/2- NeAar v^WG: cla-SdPAXS Exhibit A -- Page 2 of 2 n. P&Z Agenda Statement 1, Meeting Date: December 1, 2009 f To: Planning and Zoning Commission From: Community Development Director Christy Terry Agenda Item: Resolution 2009-25 PROVIDING A RECOMMENDATION TO COUNCIL ON THE NOMINATION FOR DISPOSAL AND LEASE RECOMMENDATIONS FOR LOT ZZ FOREST ACRES SUBDIVISION BACKGROUND & JUSTIFICATION: This year the City of Seward received all the required permits to proceed with construction of the North Forest Acres Levee Project. Completing the North Forest Acres Levee is a key mitigation measure to reduce flood risk for individuals, homes, businesses, and public infrastructure in Seward. In accordance with Council's direction, the City engaged the services of HDR Alaska to conduct property and right-of-way acquisition negotiations with affected property owners. HDR solicited property appraisals from MacSwain Associates LLC for all affected properties, as well as the services of Statewide Appraisal Services as a third party technical review. Parcel ZZ, Forest Acres Subdivision, is one of the three primary properties remaining for which the City requires access for the North Forest Acres Levee/Road Project. The property owners of Lot ZZ propose that they are allowed to continue the use of a portion of the lot for storage of their personal property. As the lawful owner -occupant of this property, the Lemmes were offered relocation assistance as required by Alaska Statutes Chapter 34 and Federal Regulations 49 CFR Part 24. During negotiations, the property owners were not interested in selling their property and entering into a revocable license agreement with the City because of the five year time limit on license agreements, nor was the City able to replat the parcel into two smaller parcels because this would violate City and Borough zoning code by creating two non -conforming sized lots. As an alternative solution meeting both parties' requirements, but subject to Commission recommendations and Council approval, the City has proposed purchasing Lot ZZ and then leasing the lot back to the current property owners. Subsequent to the City's purchase, the City will create a 15,654sf public use easement (PUE) on Lot ZZ and is offering to enter into an eight -year lease of Lot ZZ, subject to the PUE, as fulfillment of the obligations of the City and their affiliated organizations under the aforementioned relocation requirements and in lieu of monetary relocation payment. This in -lieu settlement of any relocation claims specifically includes all real or anticipated reimbursement of the costs for searching for a new location and moving all property. Since the City does not currently own the parcel and a purchase agreement will be before Council at a later date, the City has not previously identified this parcel as available for disposal. Pursuant to the City's Lease Policies and Procedures established by Resolution 1994-101, this Page 1 of 3 7 proposal is before the Commission for review and recommendations to the City Council regarding the pros and cons of disposal and review and written recommendation of the nominated parcel by lease negotiation in the event the property is purchased by the City of Seward. The administration recommends the Commission finds that because the City is pursuing the purchase of Lot ZZ, Forest Acres Subdivision specifically for the North Forest Acres Levee Project and the sellers have agreed to sell the property with the condition that the City enters into a lease agreement in lieu of personal property relocation, then the recommendation to Council is to dispose of this property by lease within the purchase negotiations. Additionally, the administration recommends that the public benefit is well demonstrated with the requested ±15,654 square foot north portion of Lot ZZ, Forest Acres Subdivision as a Public Use Easement in compliance with the development of the North Forest Acres Levee Project. This resolution also addresses the requirement that 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 in the event the property is purchased by the City of Seward. Based on the location, desired use of the property and the desired outcome for the property negotiations, the Administration supports the following lease recommendations: a) Lessees may use only that portion of the Leased Land not subject to the Public Use Easement as shown on Exhibit A. b) Lessees shall comply with all Seward City Code requirements, specifically including but not limited to, Seward City Code Chapter 15.25 Floodplain Management. c) Lessees shall comply with all State and Federal permits and approvals, including but not limited to those required by, the U.S. Army Corps of Engineers, the Environmental Protection Agency, the Alaska Department of Public Facilities and Transportation, the Alaska Department of Public Facilities and Transportation, the Alaska Department of Fish and Game, and the Alaska Department of Environmental Conservation. d) Lessees shall not use the Leased Land in any manner or construct any facilities thereon which would inhibit the use of the adjacent or other lands. e) Lessees shall not use the Leased Land in any manner or construct any facilities thereon which would damage, impact the operation or impact the effectiveness of the levee. f) Any additional staff comments and recommendations shall be considered during the lease negotiation process. g) Initial lease payments shall be determined within the purchase negotiations, based on fair market rental value. INTENT: The intent of this resolution is to provide recommendations to Council on the nomination for disposal and tease recommendations for Lot ZZ, Forest Acres Subdivision. Lot ZZ, Forest Acres Subdivision, is one of the three primary properties remaining for which the City requires access for the North Forest Acres Levee/Road Project. Page 2 of 3 8 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 approvingolicy for nominating_ public property for disposal. RECOMMENDATION: APPROVE RESOLUTION 2009-25, PROVIDING A RECOMMENDATION TO COUNCIL ON THE NOMINATION FOR DISPOSAL AND LEASE RECOMMENDATIONS FOR LOT ZZ FOREST ACRES SUBDIVISION Page 3 of 3 9 7-' ' Proposed North Forest Acres �- Levee/Road 250 t2s a 250 WO FeM WE v s Legend 2008 Alignment _ 100-year Flood Zone (Zone A) �■ 2003Alignment Wetland 2007Alignment Parcel Boundary Existing Levee Sources., HDR, Wm. J. Nelson &Associates, AeroMetric, FEMA Date: 04/17/08 0 P&Z Agenda Statement Meeting Date: December 1, 2009 Through: Community Development Director Christy Tei From: Executive Liaison Suzi Towsley--"`` Agenda Item: Approve the 2010 P&Z meeting and work session schedule BACKGROUND & JUSTIFICATION: At the end of each year the Planning and Zoning Commission approves the regularly scheduled Planning and Zoning meetings and scheduled special meeting/work sessions for the coming year. According to Seward City Code Section 2.30.220, "the Seward Planning and Zoning Commission shall meet at 7:30 p.m. in the city council chambers on the first Tuesday of each month. Special meetings may be held at the call of the chair or the city manager, and at such other times as the commission may determine." The Planning and Zoning Commission requested regular work sessions be scheduled for the third Tuesday of each month and if a Public Hearing item was submitted by the required cut-off date the work session be scheduled as a special meeting. The Commission set the time for special meetings to commence at 7:30 p.m. and work sessions at 6:30 p.m. The regular May Planning & Zoning meeting is scheduled for Thursday, May 6, 2010 due to the Borough Assembly meeting scheduled in Seward Council Chambers on May 4, 2010 (date could be subject to change). The regular October Planning & Zoning meeting is scheduled for Thursday, October 8, 2010 due to the City and Borough elections scheduled for October 6, 2010. The regular November Planning & Zoning meeting is scheduled for Thursday, November 4, 2010 due to the national election scheduled on November 2, 2010. RECOMMENDATION: Motion to approve the 2010 Planning and Zoning meeting and special meeting/work session schedule. 11 City of Seward 2010 Planning Zoning Commission Meeting and Agenda Cut -Off Dates Reminder: Per SCC2.30.220(a), the Commission shall meet at 7:30 p.m. in the council chambers on the 1st Tuesday of each month Public Hearing Items Variance/CUP/Plat Reviews (3 weeks prior to meeting) Non Public Hearing Notice Items (2 weeks prior to meeting) Meeting Date December 15, 2009 December 22, 2009 January 5, 2009 December 29, 2009 NIA January 19, 2009 January 12 January 19 February 2 January 26 N/A February 16 February 9 February 16 March 2 Febua 23 N/A March 16 March 16 March 23 April 6 March 30 NIA April 20 April 16 April 20 May 6 April27 NIA May 18 May 11 May 18 June 1 May 25 NIA June 15 June 15 June 22 July 6 June 29 N/A July 20 July 13 July 20 August 3 July 27 NIA August 17 August 17 Au ust 24 September 7 August 31 NIA September 21 September 16 September 23 October 7 September 28 N/A October 19 October 14 October 21 November 4 October 26 NIA November 16 November 16 November 23 December 7 November 30 NIA December 21 December 14, 2010 1 December 2, 2010 January 4, 2011 December 28, 2010 I N/A January 18, 2011 GAPandZ\Community Development Folder\Plan & Zone-DonnalYE 12 hedules\2010 P&Z Schedule\P&Z mtg Cut Off Dates 2010.xls Memorandum CITY OF SEWARD COMMUNITY DEVELOPMENT Date: November 5, 2009 To: Planning & Zoning Commission From: Suzi Towsley, Executive Liaison Subject: 2010 - Planning & Zoning Meeting Schedule This memo is to provide a schedule of the Planning & Zoning Commission Meetings for the calendar year 2010. Unless otherwise noted the P & Z regular meetings will begin at 7.30 p m. The "Scheduled Special Meetings" shall be held ONLY if a Public Hearing item is on the agenda and will commence at 7:30 pm per the 12/16/2008 adopted P&Z Rules of Procedure, otherwise the gathering will be held as a work session commencing at 6:30 pm. Month Regular Meeting Special P&Z Meeting for Public Hearings 7:30 pm OR scheduled Work Sessions Commence at 6.30 pm January January 5th January 19"' February February 2"d February 16d' March March 2"d March 2nd (quarterly Flood Board W/S 6:30) March 16 h April April 6'h April 20 May May 6 h (Thursday) May 18`h (Borough Assembly in Seward May 4`h) June June 1" June I" (quarterly Flood Board W/S 6:30) June 15d' July July 6`h July 20`h August August 3`d August 17'h September September 7`h September 7'h (quarterly Flood Board W/S 6:30) September 21" October October 71h (Thursday) October 19'h (KPB & Local elections October 61h) November November 4'h (Thursday) November 16`h (National Election November 2"d December December 7'h December 7'h (quarterly Flood Board W/S 6:30) December 21" January January 4`h January 18`h If you have questions or concerns or cannot attend, please call 224-4048 or email stowsev a;cityofseward.net. 13 Planning and Zoning Commission Agenda Statement Meeting Date: December 1, 2009 Through: Christy Terry, Community Development Director From: Suzi Towsley, Executive Liaison Agenda Item: Set Topic for or Cancel the December 15, 2009 Planning and Zoning Work Session BACKGROUND & JUSTIFICATION: The December Planning and Zoning Work Session is scheduled for Tuesday December 15, 2009. No items were submitted to the Community Development Department before the deadline to hold a Public Hearing on this date. Administration had planned to hold a Special Hearing to approve the Two Lakes Park Replat, but due to additional public comments, this plat will be before the Commission at their second meeting in January. As of printing time, no topic has been set for this Work Session. Administration is willing and able to prepare a work session based on the Commission's recommendations. Past Commissions have chosen to cancel the work session because of the proximity to the holidays. RECOMMENDATION: Staff request that the Commission either set a topic for the December 15, 2009 Planning and Zoning Work Session or cancel the Work Session. 14 City of Seward, Alaska Octoher 8, 2009 Call to Order Planning Commission Minuies Volume 6. Pane The October 8, 2009 Regular Meeting of the Seward Planning & Zoniig Commission was called to order at 7:30 p.m. by Chair Roach'. Opening Ceremony Commissioner Stauffer 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 Suzi Towsley, Executive Liaison City Administration Report Community Development Director Christy Terry updated the Commission of the following business items: • The Seward Mountain Haven Long Term Care Facility was scheduled to have opening ceremonies October 17, 2009 Commissioners would receive an invitation. • Director Terry was planning training sessions for comnussioners and would send emails to schedule this, as the Alaska Municipal League meetings approached. 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 (Stauffer/Heinrich) Approve the Agenda and Consent Agenda Motion Passed Unanimous Consent The following items were approved on the Consent Agenda: September 1, 2009 Regular Meeting Minutes 15 City of Seward, Alaska Planning Commission Minutes October R, 2009 Volume 6, Page Unfinished Business Items requiring a Public Hearing — Resolution 2009-21 of the Seward Planning and Zoning Commission of the City of Seward, Alaska, granting a variance from Seward City Code 15.10.220 Development Requirements to allow the annual temporary placement of a membrane structure within the 5 foot West setback, from October 15 through April 15 on Lot 1A, Block 1, Marina Subdivision, 1301 Fourth Avenue, within the Harbor Commercial Zoning District Terry reviewed Resolution 2009-21. She explained the applicant, Mark Clemens, was in the audience to answer questions from Commissioners. Terry also introduced Fire Chief Squires and Building Inspector Nelson. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. No one requested to be heard and the public hearing was closed. Motion (Stauffer/Heinrich) Approve Resolution 2009-21 In response to Stauffer, Clemens stated that he was grateful for the conunissioner's willingness to postpone his request. He stated that he had often set up a similar structure on his lot in past years and was working, through this variance request, to come into compliance with city planning and zoning requirement. In response to Chair Roach', Clemens stated that the membrane structure would be used for boat repair and maintenance. Chief Squires stated that Clemens was in compliance with stringent city fire codes, and would be required to pass annual inspections to receive a permit. Heinrich stated that he was concerned for the convenience of the business owner, and stated that a "sunset clause", as suggested, Section 2 amendment, would alleviate his concerns. Morgan stated that she supported adding a sunset clause to the variance. In response to Stauffer, Terry explained the resolution had no end date noting the annual variance use of the setback was allowed indefinitely. In response to Chair Roach', Chief Squires stated that he was not concerned about laddering the back part (eastside) of the building in the event of a fire, as other access would not be restricted. The primary structure was used for retail sales and not as a residence which also reduced the chance of needing to ladder the structure. 16 City of Seward, Alaska October 8, 2009 Motion (Morgan/Stauffer) Motion to Amend Passed Planning Commission Minutes I/olun¢e 6, Poge Amending Resolution 2009-21 Adding a new Section 2. to read: The commission finds the need for this variance is directly related to the applicant's business operations on land leased by the City, and therefore this variance will terminate upon termination of the existing lease with the city, or any extension thereof', and re -numbering subsequent sections Unanimous In response to Heinrich, Chief Squires, Director Terry and Building Inspector Nelson agreed that the neighboring property owner, Breeze Inn, had expressed any concern, inquired or complained regarding the variance application. Clemens confirmed that he had good relationship with the neighboring business, had a similar structure up in past years and had not had any complaints from his neighbor, The Breeze Inn. In response to Morgan, Clemens said that the membrane structure, tarp color would be a neutral color. In response to question from Stauffer, Clemens stated that he had not experienced any trouble from or damage due to winds on a similar structure. Main Motion Passed as Amended Unanimous New Business Items requiring a Public IIearing — None New Business -Set Work Session Topic for October 20, 2009 Terry stated that administration was requesting the Commission set "Updates to Title 15 Seward City Code" as the work session topic for October 20, 2009 also to serve as a joint session of the Historic Preservation Committee, to begin at 6prrimmediately preceding the scheduled Special meeting of the Planning and Zoning commission. Commissioners unanimously agreed and set the work session topic by General Consensus. Informational Items and Reports (No action required) — Special Meeting Notice for October 20, 2009 NFIP/CRS Update for September 2009 17 City of Seward, Alaska October 8, 2009 Commission Comments — Planning Commission Minutes Volume 6, Page Stauffer expressed her thanks to Fire Chief, Mark Clemens and Nelson. Heinrich and Morgan echoed their appreciation. Chair Roach' thanked Clemens, Chief Squires, Nelson and Administration for their work. Citizens' Comments —Clemens thanked the Commission for their consideration and hard work on the issue. Commissions and Administration Response to Citizens' Comments — Terry unformed the Commissioners that October 19 was Alaska Day and City Offices would be closed. Additionally Commissioners were informed that the following Planning and Zoning Commission Meeting would fall on Thursday November 5 due to the National election. Terry also suggested that Commissioners try to attend Seward Mountain Haven's Opening Ceremony, and thanked them for their help during the project development. Chair Roach' thanked Mark Clemens for his business. Adjournment Meeting adjourned at 8:27 p.m. Suzi Towsley Executive Liaison (City Seal) Sandie Roach' Chair iff City of Seward, Alaska October 20, 2009 Call to Order Planning Commission Minutes Volume 6. Page The October 20, 2009 Special Meeting of the Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Chair Roach'. Opening Ceremony Commissioner Ecklund led the Pledge of Allegiance to the flag Roll Call There were present: Sandie Roach' presiding, and Cindy Ecklund Christina Stauffer Steven Heinrich Tena Morgan Frank DeMarco comprising a quorum of the Commission: and Christy Terry, Community Development Director Kari Anderson, Harbormaster Suzi Towsley, Executive Liaison City Administration Report Community Development Director Christy Terry updated the Commission of a voluntary test electrical `brown out' planned the following evening for the entire rail belt, from 6pm to Spm. 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 (Ecklund/Stauffer) Motion Passed Approve the Agenda Unanimous Unfinished Business Items requiring a Public Hearing — None New Business Items requiring a Public Hearing — Wel City ol"Seward, Alaska Planning Commission Minutes October 20, 2009 Volume 6, Page Resolution 2009-22, Providing Recommendations to Council on the Request by Alaska Logistics, LLC to Lease Lot 2, Block 3, Fourth of July Subdivision, Within the Industrial Zoning District, Seward Marine Industrial Center, 3305 Jellison Avenue "berry reviewed Resolution 2009-22. 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 remarked that a representative from Alaska Logistics was present to answer Commissioner's questions. Motion (Heinrich, Stauffer) Approve Resolution 2009-22 In response to Ecklund, Terry explained that Alaska Logistics would be required, by City Code and State Law to comply with all environmental requirements under the proposed lease. Terry explained that Alaska Logistics performed boat repair and maintenance. In response to Ecklund, "Terry stated that the specific lot had been chosen by the lessee. In response to Heinrich, Terry explained that the application was for a long-term lease. Harbormaster Anderson joined the meeting via speaker phone, from Kodiak. In response to Ecklund, Harbormaster Anderson explained that the site for lease had been selected by Alaska Logistics based on size of the lot, its proximity to existing facilities for boat repair and maintenance and an existing driveway that would allow for access by the City's travel boat lift. In response to DeMarco, Harbormaster Anderson confirmed that ditches running along the south boundary of the land were for natural surface water drainage. In response to Ecklund, Anderson explained that Alaska Logistics planned to install a 2 layer plastic barrier beneath the building as part of their Storm water pollution prevention plan. In response to Stauffer, Terry explained that there was a portion inside of the proposed lease area where `soil farming' was taking place. Harbormaster Anderson explained that in 2001 a vessel in the Seward Marine Industrial Vesel storage and repair yard had experienced a spill resulting nn diesel contaminated soil. With State permission and guidance, the City had `soil fanned' the contaminated soil, spreading it out, adding lime and fertilizer and allowing natural processes to work, which would decontaminate the soil. 20 City of Seward, Alaska Planning Commission Minutes October 20, 2009 PoIume 6 Pane 'Terry stated that the proposed lease had a structured rate system, with the rate being directly proportionate to the usable land on the lot. Area being used for `soil farming' was considered to be un-usable. In response to Stauffer, Anderson stated that the City would retain all responsibility for previously contaminated soil farm' soil until it had met DEC testing standards. In response to Ecklund, Anderson stated that stipulations in the lease covered in Section 4 met State standards and would require Alaska Logistics to file a storm, waste water plan for environmental protection of the area. In response to Morgan, Anderson answered that the area being `soil fanned' would be off limits for use by the lessee until testing confirmed that the soil was no longer considered contaminated. In response to Morgan, Anderson stated that the lessee would be allowed to park trucks and equipment along the perimeter of the `soil farmed' area. In response to Chair Roach', Anderson stated that no testing had been done on the outside of the `soil farmed' area. In response to Heinrich, Anderson explained that when the 2.5 acre parcel had tested clean of contaminated soil the entire lot would be usable by Alaska Logistics. Heinrich also briefly summarized the request for lease and situation at the prospective lease sight. In response to Chair Roach', Anderson explained that the lessee would not be allowed to work on top of the contaminated soil farming area, but that to the best of her knowledge there was no physical barrier to the area. In response to a question from Terry, Anderson stated that additional tests of the area outside of the soil fanning barrier could be done at the same time as testing scheduled for 2010, but would be cost prohibitive if done independently. Chair Roach' stated that a reasonable protective measure would be the placement of some kind of fence or other physical barrier to keep equipment from being moved over the contaminated soil area. In response to Roach', Anderson stated that the accident, original spill had taken place in 2005 and the `soil fanning' had started in the summer of2008. In response to Heinrich, Anderson explained that DEC guidelines had been followed while the soil was being moved and placed onto the soil fanning site. 21 Ciry of Seward, Alaska Planning Commission Minutes October 20, 2009 Volume 6, Page In response to Ecklund, Anderson stated that when the DEC approved the plan, there had not been any interest in leasing out the sight for a number of years. However, the storage of snow and snow removed from the SMIC area had been discussed as part of the DEC approved plan. In response to Ecklund, Anderson said the City was planning to run soil test samples on the site, as part of the DEC approved plan, in approximately September of 2010. In response to Ecklund, Eric Day from Alaska Logistics, explained that Alaska Logistics would not require the use of the entire parcel prior to the time when soil testing was expected to be done. In response to Morgan, Anderson explained that Alaska Logistics the sole company showing interest in leasing this parcel of land for at least 2 years. Stauffer stated that she felt that better demarcation of the `soil farm' was the best solution. Heinrich and Roach' both thought that better isolation of that area was prudent to protect both lessee and the City. Percentage of the lot that would be leased was discussed by the commission. Chair Roach' asked the attending representative from Alaska Logistics how he felt about the commissions direction. Mr. Day responded that he appreciated the commissions' careful concern. Harbormaster Anderson shared approximate lot measurements with commissioners. Motion (Ecklund/Stauffer) Motion Passed Motion (Ecklund/Heinrich) Amending Resolution 2009-22 Section 1. (g) to read: "The lease payments shall be negotiated at the Fair Market Rental Value of the parcel, measuring 170 feet east from the northwest corner of Lot 2, and 255 feet south to the lot boundary." Yes: Morgan, Ecklund, Stauffer, Heinrich, Roach' No: DeMarco Amending Resolution 2009-22, adding "(h) The remainder of Lot 2 shall be cordoned off (fenced off or marked off) and will not be used by the lessee until the City determines the area to be free of contaminates.' 22 City of Seward, Alaska Planning Commission Minutes October 20, 2009 Volume 6, Page Motion Passed Main Motion Passed as Amended Chair Roach' called a 5 minute break at 8:50pm. Meeting resumed at 8:55pm. Motion (Ecklund/Stauffer) Yes: Morgan, Stauffer, Heinrich, Ecklund, Roach' No: DeMarco Yes: Morgan, Stauffer, Ecklund, Heinrich, Roach' No: DeMarco Approve Resolution 2009-23 Resolution 2009-23 Granting A Variance From Seward City Code 15.10.220 Development Requirements To Alaska Logistics, LLC. Permitting an Exception to the Zoning Code Maximum Building Height to Allow a 46 Foot Structure on Lot 2, Block 3, Fourth of July Creek Subdivision, Seward Marine Industrial Center, 3305 Jellison Avenue, Within the Industrial Zoning District Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. No one requested to be heard and the public hearing was closed. Motion (Ecklund/Stauffer) Approve Resolution 2009-23 Terry requested that Chair Roach' suspend the rules in order to ask Deputy Fire Chief Athey questions. Chair Roach' suspended the rules and Deputy Fire Chief Athey was introduced to the Commissioners. In response to Heinrich and DeMarco, Athey stated that Alaska Logistics had been responsive and receptive to Fire Department's suggestions and involved in the process. In response to Roach', Athey said that the Fire Department had a requirement in the lease that the lessee not store anything more than Twostories high in the proposed structure. In response to Roach', Athey expressed that Alaska Logistics had agreed to using the word "shall" in place of the word "may" in finding D, page 3 of Resolution 2009-23. City Administration Comment on Request for Variance Resolution 2009-23 General conditions were reviewed, Terry stating that boat maintenance and storage were allowed use of the area. The variance being requested was 46 feet to allow for the travel lift to have access to the building. 23 City of Seward, Alaska Planning Commission Minutes October• 20 2009 Volume 6, Page Terry suggested that the Commissioners change "may' to "shall" in finding D, page 3 of the Resolution 2009-23. In response to Stauffer, Terry stated that the roof of the structure would be required to withstand 110 mile per hour winds per Seward building permit requirements. In response to Stauffer , Mr. Day from Alaska Logistics explained that the containers being used to construct the structure would be painted brown. In response to Ecklund, Day said that the height of the roof along the planned breeze -way would be approximately 8 feet high to protect the walkway form snow, ice and weather. The structure would be comprised of approximately 28 containers and the front made of shipping containers moved with loading equipment into place. In response to Roach', Day stated that his company was confident that the request for a 46 foot variance would allow for use and clearance for the City's travel lift. Motion (Morgan/DeMarco) Motion Passed Main Motion Passed as Amended Commission Comments — Amending Resolution 2009-23, striking "may" and replacing it with "shall" in Section 1, Sub section D to read: "Furthermore a condition of the building permit approval shall require that the applicant provide a fire hydrant within 250 feet of the building to improve fire response services to the sight." Unanimous Unanimous Morgan thanked staff and Harbormaster Anderson for their work. Ecklund thanked Sue McClure for her work on the Commission and congratulated her on being elected to the Kenai Peninsula Borough Assembly. Ecklund also thanked staff and Alaska Logistics for their patience and hard work. Heinrich thanked staff for a recent Commissioners dinner function, and thanked the petitioner for the lease for his patience. Stauffer expressed her congratulations to Sue McClure and her thanks to staff and the applicant. 24 City of Seward, Alaska Planning Commission Minutes October 20, 2009 Volume 6, Page Chair Roach' welcomed DeMarco to the Commissioner, and thanked Sue McClure for her years of work and service on the Planning and Zoning Commission. Citizens' Comments —None Commissions and Administration Response to Citizens' Comments —None Adjournment Meeting adjourned at 9:28 p.m. Suzi Towsley Executive Liaison (City Seal) Sandie Roach' Chair 25 City of Seward, Alaska Planning Commission Minutes November 5 2009 Volume 6, Page Call to Order The November 5, 2009 Regular Meeting of the Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Chair Roach'. Opening Ceremony Commissioner Heinrich 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 Suzi Towsley, Executive Liaison City Administration Report Community Development Director Christy Terry updated the Commission of the following business items: • Noted that November 11 was Veterans Day and City Offices would be closed. • A Planning Commission Training was taking place in Anchorage later in November. For Comrissioners unable to attend, Terry remarked that a video conference was being planned for December 9th. • Final draft of City Code 15 revisions were being reviewed by staff. Joint meetings with Council and the Public were expected to take place in early 2010. • ECl/Hyer was chosen for the Library Museum Project and would hold workshops in Seward the week of November 16. Conunissioners were invited and asked their preference for meeting times. Commissioners discussed a possible schedule. Other Reports, Announcements & Presentations — None Citizens' Comments on any subject except those items scheduled for Public Hearing- None Motion (Heinrich/Morgan) Approve the Agenda and the Consent Agenda Q: Citv of Seward, Alaslca November S, 2009 Motion Passed Special Items -Election of Vice -Chair Planning Commission Minutes 1/olume 6. Page Unanimous Consent Administration reviewed rules for re -organization and etiquette required. Chair Roach' nominated Commissioner Heinrich as Vice Chair. Motion (Stauffer/Morgan) Unanimous Consent Unfinished Business Items requiring a Public Hearing — None New Business Items requiring a Public Hearing — Resolution 2009-24 granting Jim Hoeffler an amendment to floodplain variance permit 2009-01, to place an 8X10 foot accessory structure on lease lot 5A, Block 200 Seward Airport Terry reviewed Resolution 2009-24, she explained that the variance request was for a piece of property that was granted a variance in May of 2009. A variance was requested and approved by the commission. The new variance request was being made for an 8x10 building on the same parcel. The possibility of flooding was discussed, and particulars of both the original and new variance requests. In response to Roach', Terry stated that the property owner was also pursuing a building permit and certificate of occupancy from the city. In response to Stauffer, Terry stated that the property would be used to store mechanical fluids for a generator and possibly a fuel tank, with Aviation gas, in compliance with State and Local laws. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Jim Hoeffler approached the podium and stated that the variance was being requested in addition to Federal Aviation Administration and State of Alaska permits that would be required for this structure. The structure would be approximately 8 by 10 and used to store a generator and a fuel tank that would be elevated and meet both state and city requirements. hi response to Heinrich, Hoeffler stated that this structure would be used to store a back up generator and support supplies for it. 27 City of Seward, Alaska November S. 2009 Planning Commission Minutes Volume 6, PaQe Mr. Hoefller described a combination of solar and generator provided power on the property. Motion (Morgan/Stauffer) Approve Resolution 2009-24 Roach' explained that she supported the variance because it was a good example for the community that the applicant was using alternative energy. Motion Passed Unanimous Unfinished Business- None New Business Scheduling of November 17 2009 Work Session Terry stated that she had been reviewing the preliminary plat for Two Lakes Park and was excited to bring the topic to the commission. Commissioner training in November was causing the cancellation of the November Work Session. She suggested that the Commission set the Work Session on December 1" immediately preceding the regular meeting at 6:30. The Commission cancelled the November 17, 2009 Work Session with Unanimous Consent. Motion (Heinrich/Morgan) Set the Work Session on December V immediately preceding the regular meeting at 6:30. Informational Items and Reports (No action required) — None Commission Comments — Stauffer commented that she would not be able to attend the December 1 meeting or the January meeting. She stated that she was very excited to see the Two Lakes project moving forward as it was a favorite of hers. Hienrich stated that he was pleased with the progress on the Library/Museum Project, and suggested that the Airport should be built up with any extra gravel in town. McClure complimented the Historical Society for their well attended Founders Day celebration. City of Seward,, Alaska November S, 2009 Planning Commission Minutes Volume 6, Page Morgan expressed her frustration with the minutes not being current. Roach' expressed her thanks to Commissioners for their welcoming attitude toward business owners who bring items to the commission. She also congratulated Heinrich on being elected Vice -Chair. Roach' thanked Community Development for their work on the Two Lakes Park Project. Citizens' Comments —None Commissions and Administration Response to Citizens' Comments —None Terry encouraged Commissioners to visit the new Seward 'Mountain Haven Long term care facility. Adjournment Meeting adjourned at 8:12 p.m. Suzi Towsley Executive Liaison (City Seal) Sandie Roach' Chair 29 MEMORANDUM City of Seward Community Development Date: December 1, 2009 To: Planning and Zoning Commission Through: Community Development Director Christy Terry From: Associate Planner, Donna Glenz Subject: Rescheduled (December 1, 2009) Quarterly Work Session with the P&Z Commission and Seward Bear Creek Flood Service Area Board At the November 5, 2009 Planning and Zoning meeting Staff requested the Commission postpone the regularly scheduled December I" quarterly work session with the Seward Bear Creek Flood Board in order to hold a work session on the Two Lakes Park replat. The Commission, by motion postponed the Flood Board work session and requested Staff re -schedule to January 4, 2010. Staff has worked with the Seward Bear Creek Flood Board to reschedule the quarterly work session to Monday, January 4, 2010 before the regular Flood Board meeting. The Work Session has been confirmed with the Flood Board and has been scheduled to take place at the Flood Board office at Seaview Plaza from 6:00 to 7:00 pm. 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. RECOMMENDATION: Commission attend the joint Flood Board / Planning and Zoning Work Session scheduled for Monday, January 4, 2010 at the Flood Board Office in Seaview Plaza from 6:00 to 7:00 pm. As a reminder the regularly scheduled January 2010 Planning and Zoning meeting is scheduled for Tuesday, January 5, 2010. 30 Anchor Point a Cooper Landing * Cmj,171 Point • Fritz Creek Halibut Cove •Homer • Kachemak Bav • Kachemak City Kachemak Selo • Moose Pass • Nama-alck • Port Graliam Rwdolna • Sew<lyd • Sel(1oiia • Vorzlesenka 1111 f rill ): Se ssioll: 345 W. Sterling Hwy State Capitol Building Suite 102B Juneau, Ak 99801-1182 Homer, Ak 99603 Ph: 465-2689 Fx:465-3472 Ph: 235-2921 Fx: 235-4008 1-800-665-2689 Rep.Paul.Seaton@legis.state.ak.us 11 31 Meeting City Council Meeting City Council Meeting Meeting Rep Security Nana Richey 2 11/24/2009 11:10 AM