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Home My WebLink About05032011 Planning & Zoning PacketSeward Planning & Zoning Commission Regular Meeting Packet May 3, 2011 City Council Chambers Beginning at 7:30 p.m. Seward Planning & Zoning Commission Sandie Roach' Chair Term Expires 02113 Steven Heinrich Vice Chair Term Expires 02114 Scott Seabury Commissioner Term Expires 02112 Tena Morgan Commissioner Term Expires 02113 Vacant Commissioner Term Expires 02112 Cindy Ecklund Commissioner Term Expires 02114 Dale Butts Commissioner Term Expires 02113 Phillip Oates City Manager Michelle Weston Community Development Director Donna Glenz Planner Dwayne Atwood Planning Assistant Regular Meed 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 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.] Planning and Zoning Commission Regular Meeting Agenda May 3, 2011 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 1. Resolution 2011-07 of the Seward Planning and Zoning Commission, granting the Seward Mariners Memorial organization a floodplain variance from Seward City Code Chapters 15.25 Floodplain Management, to construct the Mariners Memorial site on the fill of the South Harbor Uplands within a mapped high hazard velocity zone, located on the south side of the South Harbor Uplands, within the Park Zoning District. Page 3 8. Unfinished Business — None 9. New Business — A. Resolution 2011-08 of the Seward Planning and Zoning Commission recommending the Planning and Zoning Commission priorities from April, 2011 to April 2012............................................................................. Page 17 B. April 5, 2011 Regular Meeting Minutes ...................................................... Page 20 C. April 12, 2011 Special Meeting Minutes ..................................................... Page 25 10. Informational Items and Reports (No action required) - A. 2011 Planning and Zoning Meeting and Agenda Cut -Off Dates ................. Page 29 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 Regular Meeting Agenda May 3, 2011 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2011-07 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, GRANTING THE SEWARD MARINERS MEMORIAL ORGANIZATION A FLOODPLAIN VARIANCE FROM SEWARD CITY CODE CHAPTER 15.25 FLOODPLAIN MANAGEMENT, TO CONSTRUCT THE MARINERS MEMORIAL SITE ON THE FILL OF THE SOUTH HARBOR UPLANDS WITHIN A MAPPED HIGH HAZARD VELOCITY ZONE, LOCATED ON THE SOUTH SIDE OF THE SOUTH HARBOR UPLANDS, WITHIN THE PARK ZONING DISTRICT WHEREAS, the Seward Mariners Memorial Organization proposes to construct a Mariners Memorial Pavilion on the South side of the South Harbor Uplands, within the Park Zoning District and WHEREAS, the South Harbor Uplands was created from dredge fill material and is located within the Coastal High Hazard Velocity Zone as identified on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Map (FIRM) No.020013-6375, dated May 19, 1981, as a V6 Zone, with a Base Flood Elevation (BFE) of 11 (eleven) feet; and WHEREAS, based on information provided from the Corp of Engineers the existing elevation of the South Harbor Uplands is approximately 20 (twenty) feet which would place the lowest floor of the Mariners Memorial Pavilion approximately 9 (nine) feet above the base flood elevation; and WHEREAS, the City of Seward Floodplain Management Ordinance, Seward City Code Section 15.25.050.D.4 states: The use of fill for structural support of buildings within Zones Vl- V30 on the FIRM is prohibited (Ordinance 98-11); and WHEREAS, the applicant has applied to the Planning and Zoning Commission for a Floodplain Variance to construct the proposed Mariners Memorial Pavilion on the filled lands of the South Harbor Uplands; and WHEREAS, FEMA is in the process of producing updated FIRM maps which removes the South Harbor Uplands from the Coastal High Hazard Velocity Zone; the new FIRM maps are currently scheduled to be ready for adoption the first part of 2012; and WHEREAS, the proposed Mariners Memorial development is primarily landscaping and an open sided pavilion to honor those who have been lost at sea; and Seward Planning and Zoning Commission Resolution 2011-07 Page 2 of 4 WHEREAS, the concept of a Mariners Memorial in the Seward Boat Harbor has been discussed and worked on for many years and through generous donations and hard work the concept is now becoming a reality; and WHEREAS, over the last 10 (ten) years the Seward City Council, the Historic Preservation Commission, the Port and Commerce Advisory Board and the Planning and Zoning Commission have approved numerous resolutions of support for the Mariners Memorial location on the South Harbor Uplands; and WHEREAS, the public notification process was complied with and the appropriate public hearing as required by Seward City Code § 15.01.040 was conducted by the Commission on May 3, 2011. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. In accordance with Seward City Code Section 15.25.060 the Seward Planning and Zoning Commission has considered all of the following factors: a. The danger that materials may be swept onto other lands to the injury of others; b. The danger to life and property due to flooding or erosion damage; C. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; d. The importance of the services provided by the proposed facility to the community; e. The necessity to the facility of a waterfront location, where applicable; f. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; g. The compatibility of the proposed use with the existing and anticipated development; h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; i. The safety of access to the property in times of flood for ordinary and emergency vehicles; j. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; k. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. Seward Planning and Zoning Commission Resolution 2011-07 Page 3 of 4 Section 2. The Commission makes the following specific findings regarding the Mariners Memorial Development floodplain variance request: 1. The southeast corner of the South Harbor Uplands has been selected and supported by Council and the public for many years as the location for the Mariners Memorial development. The Memorial is specifically related to the sea and the seafaring community. Since the applicant's proposed Memorial is in support of and dependent upon the location, there are no other feasible locations for the structure that is not located within the currently mapped Coastal High Hazard Velocity Zone. 2. Granting the requested variance will not result in damage or hardship for this or any other property. The proposed structure is open sided and predominantly landscaping in nature. 3. The proposed use is compatible with the surrounding harbor and waterfront uses. 4. The applicant has established good and sufficient cause for this Commission to find pursuant to SCC§15.25.060(b)(5) that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing laws. 5. Because the proposed variance has low damage potential and otherwise conforms to all variance criteria in SCC§ 15.25.060(a) & (b), the Commission finds this application to be one of those "very limited circumstances" described at SCC§ 15.25.060(b)(7) for granting this floodplain variance to the Mariners Memorial Organization on the southeast corner of the South Harbor Uplands. 6. Considering all of the above findings, the Commission hereby determines that the requested variance to construct the Mariners Memorial, on the southeast corner of the dredge filled South Harbor Uplands, is the minimum necessary to afford relief. Section 3. Based on the above findings, the Planning and Zoning Commission hereby grants the Mariners Memorial Organization a floodplain variance from SCC§ 15.25.050.D.4. allowing the Mariner Memorial to be constructed on the dredge fill materials of the South Harbor Uplands. Section 4. Based on the above findings, the Planning and Zoning Commission finds the proposed use, subject to the following condition satisfies the criteria for granting a floodplain variance, and authorizes the administration to issue a Floodplain Variance Permit for the Mariners Memorial subject to the following conditions: 1. Continue to work with staff to obtain a Floodplain Development Permit. 2. Continue to work with the Building Department to complete the Building Permit process. Seward Planning and Zoning Commission Resolution 2011-07 Page 4 of 4 Section 5. This resolution shall take effect ten (10) days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this P day of May 2011. AYES: NOES: ABSENT: ABSTAIN: VACANT: One ATTEST: Johanna Kinney, CMC City Clerk THE CITY OF SEWARD, ALASKA Sandie Roach', Chair (City Seal) P&Z Agenda Statement Meeting Date: May 3, 2011 Through: Michelle Weston, Assistant City Manager From: Donna Glenz, Planner Agenda Item: Mariners Memorial Request for a Floodplain Variance from SCC§ 15.25.050.D.4 to construct the memorial structure on dredged fill. Background: The Mariners Memorial organization has applied for a building permit to construct the Mariners Memorial on the Southeast corner of the South Harbor Uplands. During the review process it was identified that the parcel is located within a Federal Emergency Management Agency (FEMA) mapped Coastal High Hazard Velocity Zone 6. The City's Floodplain Management Ordinance (Title 15.25) guides development in the Coastal High Hazard Velocity Zones in order to lessen the economic loss caused by impending flood / storm surge events. Provisions of the ordinance Section 15.25.050.D.4 states: "The use of fill for structural support of buildings within Zones VI -V3 0 on the FIRM is prohibited." The area commonly known as the South Harbor Uplands was built by the Corps of Engineers by using dredge fill material behind the newly constructed breakwater. Over the past 10 years the community has worked to secure and develop a Mariners Memorial location. Due to the development of the South Harbor Uplands, the area overlooking the harbor and Resurrection Bay, this perfect site location was chosen. The chosen location at the Southeast corner of the South Harbor Uplands has been strongly supported by the Citizens of Seward, City Council, the Planning and Zoning Commission, the Port and Commerce Board and the Historic Preservation. Based on the best available data from the Corps the Base Flood Elevation for the South Harbor Uplands is approximately 20 (twenty) feet. The Base Flood Elevation provided by FEMA before the breakwater construction was 11 (eleven) feet. Variance Requested: The applicant is requesting a variance from Seward City Code§ 15.25.050.D.4 order to construct the proposed Mariners Memorial on dredged fill material. CONDITIONS AND FINDINGS FOR GRANTING A VARIANCE SM15.25.060. Appeal and Variance Procedure (b) Conditions for variances (1) Generally, the only condition under which a variance from the elevation standard maybe issued is for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, Seward Planning and Zoning Commission Resolution 2011-07 Page 2 of 5 providing subparagraphs (a) through (k) of subsection (a)(4) of this section have been fully considered. As the lot size increases the technical justification required for issuing the variance increases. Review. The requested variance meets this stipulation. The variance request is for new construction on a controlled area less than a %2 acre. No variance to this condition is required the South Harbor Upland is 9 feet above the Base Flood Elevation set by FEMA The following are the consideration of (a) through (k) of SCC§ 15.25.060(a)(4): In passing upon such applications, the commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and: a. The danger that materials maybe swept onto other lands to the injury of others, There is no reason to believe that placement of the structure will increase the danger of materials being swept onto other lands. Should an unforeseen storm surge ever over top the breakwater the proposed structure is open sided which would allow the flow of water through the structure. b. The danger to life and property due to flooding or erosion damage. The past storm surge event in 2006 did not present any significant threat to life and/or property in the area of the proposed structure. In review of the draft FEMA Special Flood Hazard Area maps due to be approved within the next year, the South Harbor Uplands is no longer contained within the Coastal High Hazard Velocity Zone. c. The susceptibility of theproposedfacility and its contents to flood damage and the effect of such damage on the individual owner. The past storm surge event in 2006 did not present any significant threat to life and/or property in the area of the proposed structure. d The importance of the services provided by the proposed facility to the community. The proposed Mariners Memorial is of high importance to the community. Seward is a seafaring community and has expressed a strong desire for many years to have a special memorial area where we can honor the lives of our seafaring mariners who have been lost at see. The memorial would also give our visitors a glimpse of what it means to be a seafaring community. e. The necessity to the facility of a waterfront location, where applicable. The waterfront location is absolutely essential to the proposed memorial. f. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage. The entire South Harbor Uplands was constructed from dredged fill and is currently in the Coastal High Hazard Velocity Zone. There is no other location suitable for the Seward Planning and Zoning Commission Resolution 2011-07 Page 3 of 5 proposed memorial. g. The compatibility of the proposed use with the existing and anticipated development. The proposed use is compatible with the surrounding harbor and park land uses and existing similar facilities located in the area. h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area. The 2020 Comprehensive Plan encourages the addition of public amenities and improvements to the look of the harbor area through landscaping and decor enhancement. The Plan supports the continued needs of the seafaring community. i. The safety of access to the property in times of flood for ordinary and emergency vehicles. It does not appear the proposed structure will add any safety concerns for standard and/or emergency vehicles during flood events. j The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site. The past storm surge event in 2006 did not present any significant threat to life and/or property in the area of the proposed structure & The costs of providing governmental services during and after flood conditions, including maintenance and repair ofpublic utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. There are no current or planned public utilities to the proposed structure. (2) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places without regard to the procedures set forth in this section. Review. Not applicable (3) Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. Review. Not applicable. (4) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. Review. The South Harbor Uplands is constructed from dredged fill, allowing the construction of the Memorial upon the filled material is the minimum necessary to afford relief. It is also noted the Seward Planning and Zoning Commission Resolution 2011-07 Page 4of5 Draft Floodplain Maps from FEMA, due to be adopted within the next year, illustrate the current development areas of the South Harbor Uplands as being removed from the Coastal High Hazard Velocity Zone. (5) Variances shall only be issued upon: a. A showing of good and sufficient cause; Review: The Mariners Memorial is dependent upon a waterfront location. b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; Review: Council and Community support for the location of the Mariners Memorial to the harbor and Resurrection Bay has long be established. There are no other locations suitable for the Memorial. To select a site way from the waterfront would not allow the Memorial to be utilized for its intended purpose. c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances. Review: The past storm surge event in 2006 did not present any significant threat to life and/or property in the area of the proposed structure. There is no indication that granting the variance will result in increased flood heights, additional threats to public safety, public expense, create any type of nuisances, or cause fraud on or victimization of the public or conflict with existing local laws or ordinances. 6) Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare. Review. This variance is site specific to a small physical area. Granting the variance does not result in a special privilege. Any other applicant with similar conditions could obtain a similar variance. (7) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of flood proofing than watertight or dry -flood proofing where it can be determined that such action will have low damage potential, complies with all other variance criteria except subsection (b)(1) of this section, and otherwise complies with section 15.25.060(a) and (b). Seward Planning and Zoning Commission Resolution 2011-07 Page 5 of 5 Review. There is no indication that granting this variance will increase any damage potential to either the applicant's structure or the surrounding structures. The application complies with all variance criteria of 15.25.060(a) and (b). (8) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. Review: Staff has verbally discussed the National Flood Insurance Program with the applicant. The base flood elevation of the lowest floor is 9 feet above the base flood elevation. Conditions of the Variances Upon consideration of the above factors and the purposes of Chapter 15.25 Floodplain Management, the Commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. Based on the above findings and conclusions, the administration recommends imposition of the following condition for the floodplain variance permit: Continue to work with staff to obtain a Floodplain Development Permit. 2. Continue to work with the Building Department to complete the Building Permit process. RECOMMENDATION: Commission approve Resolution 2011-07, granting the Mariners Memorial organization a variance from Seward City Code Chapter 15.25 Floodplain Management to construct the Mariners Memorial on the Southeast corner of the South Harbor Uplands based on the findings and conditions stated within the Resolution. m ° Edo •E^o o ? � ` ,� o�-w E � „ i o � o ,r.� w d o� O ` w n G > co y a ro •N 3.= 3 w Y11 T'a„ ,,.. . W Q Z O c N •� pv W C M Q H oua o a oro oro > W Z °: vo 3 °��' 3` oo� nc .E ro yrowro. o �o v O Z Q D Q a J p > ° LL o E'CEFO o ao o= aN W Y > d LL o Z o o°cap o �m oo° ��c °Aa E v o�u r� aro N JI �b'£�roa C c > c 3c c c E 2 vv�mroE�vwEwnro�Cw o° o Dro'-rowE oro pUo ° = O ao•. O m O> m O> O> Oc u°3J O v�0; .. ' c `00 waO�ro o o E Qoro3doc Qaag_w>roOpc wo Qadd Q o mO Q uZ Qbv LL. ro Q Q aN jai' LL. i O> O C C N C u aroi -• � arai ac6i O � Q Q C) 0 0 b o u eo 0 0 `= "c a>i > > iF O Q Q Q m U O> > N D C> m 3 m 3 w N Q j Return to: City of Seward Community Development Departrawt P.O. Box 167 Seward, AK 99664 Received By: Date: VARMCE REQUEST to SCC 15.25 FLOODPLAIN MANAGEMENT I. APPLICANT INFORMATION APPLICANTa0jjA AddressD _BbX City, State, Zip Day Phone _LftL-103 � Fax AGENT Address �b City. State, Zrp t =z)o� Day Phone Fax * If the applicant or agent is not the owner of record, a letter of authorization for this variance request, signed by the owner, must be attached. 011tt t'o;jl't + P—Am IL PROJECT LOCATION Assessor Parcel Township Range Section Subdivision _n 64Wr Lot _I.S,v Blojk---Z�- 6 poxbolr III. INFORMATIONIDOCLTMETUATIONREQIJMD Please attach additional pages if there is not sufficient space for your response. A. Documentation Required- 1. Completed City of Seward Floodplain permit application. V 2. As -built or proposed site plan to scale, showing house location and local topography. 3. Building floor plans to scale. 4. A completed Elevation Certificate, FEMA form 81-3 B. Describe the exact variance requested:, b(A:1 C. Describe any conditions which exist peculiar to this piece of property that are not applicable to other property in the same general location: -1� D, Strict interpretation ofthe provisions ofSCC 15.25 Floodplain Managcrnent, would deprive the applicant ofrights commonly enjoy by other properties in the same general location. These rights W Page 1 of 2 E. The described special conditions and circurnstances do not result from the actions ofthe applicant and such conditions and circumstances do not merely, constitute a monetary hardship or'Miconveruence . thakt. - j, I - ?, Ae,94k 0, A F. Granting the I v �1- - --.- dktTJ not result in =flood height for the following reasons: G. Describe the susceptibility of the propose A facility and its contents to flood damage and the effect of such damage on the owner. A0J C>"ofte". No du( availI H. Desc rihi- the ability iternative, locations for the bu"ikfiing 4ic"a not subject to flooding or crosionlmage. A e- �ffil-s 6--hlleme- C�� fle,-C6 I�L Close -S)Iore- 1. Desc y f the eAs i and anticipged development in the area: ribe the corn tibilit of the facility wi fina haw at T eenoi,�,6,, t7 et J. De-icribe the safety of access to the property in times of flood for ordinary and MF2V1W IM71A AJMA� IV. ADDITIONAL .REQUIREMENTS FOR DEVELOPMENT IN FLOODWAyS For development infloodways, the applicant must submit documentation that this variance will not result in any increase to flood levels during the base flood, e.g, conveyance calculations And/or step backwater awlysis certified by a registered professional engineer Or architect, Ih.e FloMplain Adrrunistrator will deternum which analysis are required for individuals projects. V. CERTIFICATION STATEMENT: The idonmdort contained on this form and.the attachments are true and complete to the best of my knowledge. I grant pernusp9n for city staff to eater Onto the property for the purpose of processing the variance request, wft* is also required and dW the granting of a variance d= not guarantee Cost offlTd insurance is determined by actuarial risk and will not be modified I Date Page 2 of 2 9 Sponsored by: Planning and Zoning Commission CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2011-08 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVAL OF THE PLANNING AND ZONING COMMISSION PRIORITIES FROM APRIL 2011 TO APRIL 2012 WHEREAS, at the March 1, 2011 regular meeting the Planning and Zoning Commission reviewed their Priorities List; and WHEREAS, the Seward City Council Rules of Procedure, adopted March 14, 1994, state that the Council should meet in an annual joint work session with the Commission to address areas of mutual concern; and WHEREAS, the Commission and Council held a joint work session, reviewed and updated the Planning and Zoning 2011 Priorities List on March 29, 2011; and WHEREAS, at the May 3, 2011 meeting the Planning and Zoning Commission reviewed and approved the Planning and Zoning Priority List; and WHEREAS, Council will address a resolution adopting these recommendations. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The following List of Planning and Zoning Priorities is hereby approved and recommended to Council for their adoption: PRIORITIES Short and Medium Term 1) Continued Rewrite of Title 15 2) Municipal Lands Management Plan (1995) — Update in conjunction with the Capital Improvement Plan and the City Land Disposal Policies and Procedures 3) Nash Road Bench Study (Resource Management Development Impact Study) as funding allows 4) Complete Waterfront Park Replat Seward Planning and Zoning Commission Resolution 2011-08 Page 2 of 2 Continuing 1) Continue recruitment efforts for the Planning and Zoning Commission 2) Continue to pursue compliance with the Seward City Zoning Code • Submit a resolution to City Council outlining the Planning & Zoning Commission recommendations for health and safety enforcement 3) Annually review the City of Seward Comprehensive Plan 4) Continue to encourage completion of the Parks & Recreation Master Plan 5) Seek additional funding for Planning & Zoning Commissioner training • Search out and add funding to the budget 6) Complete GIS mapping of all City utilities — water, sewer and electric lines • Add funding to the budget 7) Produce a Resource Management Zoning District report that shows the areas of the full district and lists the current development and potential development areas Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3rd day of May, 2011. THE CITY OF SEWARD, ALASKA Sandie Roach', Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: One ATTEST: Johanna Kinney, CMC City Clerk (City Seal) P&Z Agenda Statement Date: May 3, 2011 Through: Donna Glenz, Planner From: Dwayne Atwood, Administrative Assistant Agenda Item: A Resolution of the Seward Planning and Zoning Commission Recommending Council approval of the Planning and Zoning Commission Priorities from April 2011 to April 2012 BACKGROUND & JUSTIFICATION: The Planning and Zoning Commission reviewed their Priorities List at their March 1, 2011 regular meeting in preparation for the Annual Joint Work Session with Council. The Commission and Council, during their Joint Work Session, reviewed and updated the Planning and Zoning 2011 Priorities List on March 29, 2011. The mutually agreed upon list of priorities was updated and specified in this resolution. Council will address a resolution endorsing these recommendations. 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: RECOMMENDATION: Approve Resolution 2011-08, recommending Council approval of the Planning and Zoning Commission Priorities from April 2011 to April 2012 City of Seward, Alaska Planning Commission Minutes April S, 2011 Volume 6, Page xxx Call to Order The April 5, 2011 Regular 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 Tena Morgan Dale Butts Steven Heinrich Scott Seabury Cindy Ecklund One vacant seat comprising a quorum of the Commission; and Michelle Weston, Assistant City Manager Donna Glenz, City Planner City Administration Report City Planner Donna Glenz updated the Commission on the following business items: • Glenz welcomed Commissioner Cindy Ecklund, who was recently approved for another term on the Commission. • Glenz said she had contacted the Parks and Recreation Department and the department had not been able to update its master plan due to time issues. • Work had begun on the Forest Acres levee project. The levee extension was to be completed during the summer of 2011. • She reminded the Commission that a special meeting was scheduled for April 12, 2011. • Glenz reminded the Commission that the Kenai Peninsula Borough Assembly meeting was scheduled for April 19, 2011 in Seward. • She noted two Commissioner code books needed to be updated. • Assistant City Manager Michelle Weston advised that Seward was competing for Ultimate Fishing Town USA status with the WFN World Fishing Network. Other Reports, Announcements & Presentations — None City of Seward, Alaska Planning Commission Minutes April S, 2011 Volume 6, Page xxx Citizens' Comments on any subject except those items scheduled for Public Hearing - None Approval of Agenda and Consent Agenda Motion (Ecklund/Heinrich) Approve the Agenda and the Consent Agenda Motion Passed Unanimous Consent The following items were approved on the Consent Agenda: March 1, 2011 Special Meeting Minutes Unfinished Business Items requiring a Public Hearing — None New Business Items requiring a Public Hearing Resolution 2011-04 of the Planning and Zoning Commission recommending City Council and Kenai Peninsula Borough approval of the Waterfront Park Preliminary Replat which establishes the outer boundaries of the Waterfront Park, includes the vacation of all interior undeveloped rights -of -way, easements and interior platted lot lines; dedicates additional rights -of -way and easements; located predominately within the Park Zoning District Glenz explained the proposed Waterfront Park replat had been on the Planning & Zoning and City Council priority lists for several years. Cline and Associates was contracted to provide the proposed plat of City -owned lands. The plat established the waterfront boundary, vacated interior lot lines and extended the rights -of -way for existing roads that lead to the waterfront. Glenz also pointed out the zoning designation of the areas included within Waterfront Park repat. The Waterfront Park area was a safety zone and run-up area for tsunamis, which is one reason the land is largely free of structures, Glenz stated. The replat was supported by the Land Use Plan, City Strategic Plan and the All Hazard Mitigation Plan. Roach' asked if the camper -parking parcel near the South Harbor Uplands would be rezoned to Park. Glenz stated once the replat was completed and the area included within the Waterfront Park boundary, staff planned to bring a rezone forward to include that small area in the Park Zoning District. Commissioners further discussed the proposed Waterfront Park replat, parking and access via rights -of -way. Commissioner Ecklund requested a ruling from the Chair to abstain from voting. She stated the Borough attorney had ruled that Commissioners were not able to vote on a proposed City of Seward, Alaska Planning Commission Minutes April 5, 2011 Volume 6, Page xxx replat at the municipal level if they intended to vote at the Kenai Peninsula Borough Planning Commission level. Following discussion, the Chair ruled that Ecklund recuse herself from voting on Resolution 2011-04. Ecklund removed herself from the dais until voting was completed. Butts asked staff if the rights -of -way access took away any of the usable land for campers in the Waterfront Park. Glenz said no changes were planned to occur to the current camping areas, because the access roads were already in place. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. No members of the public signed in to speak. City Parks & Recreation Department Director Karin Sturdy asked to speak and thanked Commissioners and City staff for the work that was done to replat Waterfront Park. Sturdy said her staff was very pleased with the quality and detail provided in the plat. There were no additional requests to be heard and the public hearing was closed. Motion (Morgan/Butts) Approve Resolution 2011-04 Motion Passed Unanimous Unfinished Business — None New Business -- Resolution 2011-05 of the Planning and Zoning Commission of the City of Seward, Alaska, recommending the Kenai Peninsula Borough approval of the interior lot line vacation of Lot 7 and 8, Block 14, Federal Addition Glenz explained the Kang Replat was prepared and submitted by Integrity Surveys of Soldotna. The property owner wished to vacate the interior lot line to accommodate the planned expansion of a garage. Commissioner Ecklund requested a ruling from the Chair to abstain her vote. She stated the Borough attorney had ruled that Commissioners were not able to vote on a proposed replat at the municipal level if they intended to vote at the Kenai Peninsula Borough Planning Commission level. The Chair rulled that Ecklund recuse herself from voting on Resolution 2011-05. Ecklund removed herself from the dais until voting was completed. City of Seward, Alaska Planning Commission Minutes April S, 2011 Volume 6, Page xxx Commissioner Heinrich asked property owner Soo Kang if she understood the utility request made by the City of Seward that utility easements be maintained along the alley to the east of her property. Kang indicated she did understand and accepted the condition. Motion (Seabury/Morgan) Approve Resolution 2011-05 Butts stated that Kang had done a good job of maintaining the appearance of her property and Bed and Breakfast operation. Motion Passed Unanimous Informational Items and Reports (No action required) April 12, 2011 Special Meeting Reminder Commissioners discussed whether to hold a work session immediately prior to the April 12 Special Meeting. Commissioners agreed to hold the work session with the developer at 6 p.m. Yearly Planning & Zoning Meeting Schedule Commissioners requested a housekeeping correction to the meeting schedule, changing a March 29, 2011 application cutoff date for the April 12, 2011 Planning & Zoning Commission special meeting to March 22, 2011. Commissioners also requested that the calendar printed on the back cover of the packet be corrected to indicate a Planning & Zoning Commission regular meeting date of May 3, 2011, not May 5, 2011. April 19, 2011 Kenai Peninsula Borough Assembly Meeting Reminder April 26, 2011 Planning & Zoning Work Session Reminder Commissioners requested that the City Clerk's calendar on the back cover of the agenda packet be corrected to list a 6:30 p.m. work session on April 26, 2011. Commission Comments Morgan thanked City staff for the effort in preparing for the meeting. Butts observed some zoning compliance issues around the city, he said. Butts suggested the Commission consider making it a priority to add a compliance officer or seek funding for enforcement. The Commission should consider taking the concern to City Council, Butts said. Ecklund said she was pleased to be back on the Commission after a month -long leave. Roach' thanked City Administration for the efforts to prepare the documents for the meeting. City of Seward, Alaska Planning Commission Minutes April S, 2011 Volume 6, Page xxx Citizens' Comments Nick Cline of Cline and Associates asked why a Planning & Zoning Commissioner would not be able to vote with a local commission and then again when a specific plat came before the Kenai Peninsula Borough Planning Commission. Glenz said the City Attorney had reviewed the issue in the past and it appeared the Kenai Peninsula Borough could prevent local Commissioners from voting on an issue a second time at the borough level. Cline said Commissioner Ecklund, in his opinion, should have been able to vote at the City level and again at the Kenai Peninsula Borough level. The Kenai Peninsula Borough was denying Seward representation on issues that affect Seward, Cline said. Cline encouraged the City to gain another legal opinion on the matter. Commissions and Administration Response to Citizens' Comments Ecklund stated she had questioned the Kenai Peninsula Borough stance on the voting issue, but the borough attorney was not available during those meetings. Other borough commissioners were in agreement that they should have been able to vote for their local commissions and then again at the borough level, Ecklund stated. Morgan said a request should be made that the Kenai Peninsula Borough provide any policy or code citation that supports the borough's legal stance. Adjournment Meeting adjourned at 8:42 p.m. Dwayne Atwood, Community Development Assistant (City Seal) Sandie Roach' Chair City of Seward, Alaska Planning Commission Minutes April 12, 2011 Volume 6, Page XXX Call to Order The April 12, 2011 Special Meeting of the Seward Planning & Zoning Commission was called to order at 6:30 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 Tena Morgan Dale Butts Steven Heinrich Scott Seabury Cindy Ecklund comprising a quorum of the Commission; and Michelle Weston, Assistant City Manager Donna Glenz, City Planner Dwayne Atwood, Planning Assistant City Administration Report City Planner Donna Glenz updated the Commission on the following business items: • The City of Seward information database, Laserfiche Weblink, had been periodically unavailable during the week. The database supports a limited number of simultaneous users and at times access was restricted. • Glenz noted the City of Seward attorney had provided a ruling regarding the Kenai Peninsula Borough policy that local Planning & Zoning Commissioners who also serve at the Kenai Peninsula Borough level were unable to vote at the local level and again at the Borough Planning Commission level. The City attorney concluded the Kenai Peninsula Borough was within its right to set and keep its current policy. • Building Department figures showed that 34 building permits were approved during 2008, 59 during 2009, 51 during 2010 and 15 as of April 12, 2011. • City -sponsored bus service was scheduled to begin for the season starting May 20. • Harbor Opening Weekend festivities were planned for May 20 through May 22. • The Kenai Peninsula Borough Assembly was scheduled to hold its Seward meeting on April 19. • Seward was in the running to earn prize money as a contestant in the World Fishing Network.Com, Ultimate Fishing Town USA contest. Winners were to be determined by online voting. City of Seward, Alaska Planning Commission Minutes April 12, 2011 volume 6, Page XXX 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 (Morgan/Seabury) Approve the Agenda and the Consent Agenda Motion Passed Unanimous Consent The following items were approved on the Consent Agenda: None Unfmished Business Items requiring a Public Hearing — None New Business Items requiring a Public Hearing Resolution 2011-06 of the Seward Planning & Zoning Commission of the City of Seward, Alaska, granting a Conditional Use Permit to Seward Wildlife Cruises, LLC, DBA Major Marine Tours to construct and operate a 12-unit bunkhouse on Lot 7A, Block 17, Federal Addition Tougas Replat, located at Second Avenue and D Street, within the Auto Commercial Zoning District. Glenz described the project area and Zoning District. She noted the proposed project provided six parking spaces, one vehicle space for every four occupants. Glenz reviewed the findings of the Conditional Use Permit, noting the development needs such as water, sewer and electricity were available. Glenz further stated that Seward Wildlife Cruises had a history of good corporate citizenship. The only public comment, made by Larry Harmon of Harmon Construction, was that existing Major Marine housing had been very orderly and well maintained. Glenz stated administration supported approval of the Conditional Use Permit, subject to the conditions of the resolution. Commissioner Butts asked about the nature of an outbuilding that was shown in the applicant's site plan. Ron Long, Operations Manager for Major Marine, was invited to respond and said the outbuilding was to be a laundry facility for residents. In response to Commission questions, Glenz stated the various developed neighborhoods within the City of Seward had the sufficient number of fire hydrants. She also noted the Commission had the ability to add landscaping requirements to the CUP. City of Seward, Alaska Planning Commission Minutes April 12, 2011 Volume 6, Page XXX Commissioners discussed a variety of possible landscaping features, such as requiring vegetation around dumpsters to prevent any loose trash from blowing into the neighborhood. Commissioners agreed that the applicant had a good history of operation and that the landscaping could be left to the applicant. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. No members of the public signed in to speak. No one requested to be heard and the public hearing was closed. Motion (Ecklund/Seabury) Approve Resolution 2011-06 Motion Passed Unanimous Unfinished Business — None New Business — None Informational Items and Reports (No action required) Informational Letter Sent to property owners possibly affected by the Japp Creek Flood Study being conducted by Atkins, a contractor for FEMA, April 13 through April 21, 2011 2011 Planning and Zoning Meeting and Agenda Cut -Off Dates Commission Comments Seabury thanked Major Marine for submitting a thorough development plan and undertaking a needed project. Morgan commented that the addition of new structures improves the community and also thanked the applicant. Ecklund, who also sits on the Kenai Peninsula Borough Planning Commission, reported that the names of several roads and streets around the borough had been changed because they were too similar sounding to other street and road names. Ecklund also said there was potential for development near Seward -area streams to be more closely scrutinized under the Kenai Peninsula Borough's anadromous streams habitat protection rules. Roach' thanked Major Marine for undertaking a new construction project and for participating in a project work session with Commissioners and City staff to discuss development issues. City of Seward, Alaska Planning Commission Minutes April 12, 2011 !Volume 6, Page XXX Citizens' Comments Ron Long, Operations Manager for Major Marine, said the company hopes to one day fill the employee bunkhouse, which has capacity for 24 workers. The company also hopes to provide more year-round jobs, which would generate more home purchases and community growth. Long, who has represented Seward as a Kenai Peninsula Borough Assembly member, spoke to the issue of borough voting by local Commissioners and representatives. The Kenai Peninsula Borough has concluded that if a Commissioner voted at the city level and stated for the record their stance on an issue, that Commissioner's role in the borough process might be considered biased. To avoid any bias it is recommended that Commissioners recuse themselves from the decision at the local level. Commission and Administration Response to Citizens' Comments Ecklund suggested that Long provide an explanation of the Kenai Peninsula Borough position on voting by local Commissioners to City Mayor Willard Dunham. Adjournment Meeting adjourned at 8:17 p.m. Dwayne Atwood, Community Development Assistant (City Seal) Sandie Roach' Chair Seward Planning Zoning Commission 2011 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 Third Tuesday is a work session Public Hearing Items Variance/CUP/Plat Reviews 3 wee —prior to meeting) Non Public Hearing Notice Items (2 weeks prior to meeting Meeting Date December 14, 2010 December 21, 2010 January 4, 2011 December 28, 2010 N/A January 18, 2011 January 11 January 18 February 1 January 25 N/A February 15 February 8 February 15 March 1 Febuary 22 N/A March 46- to 22nd March 15 March 22 April 5 March 22 N/A April 49- to 12th April 12 April 19 May 6 to 3rd April26 N/A May 17 May 17 May 24 June 7 May 31 N/A June 21 June 28 July 12 July 5 July 19 JU*6 CX"d by PU July 19 August 2 iluly 26 N/A August 16 Au ust 16 Au ust 23 September 6 August 30 September 15 N/A September 22 September 20 October 6 September 29 N/A October 20 October 11 October 20 November 1 October 25 N/A November 15 November 15 November 22 December 6 November 28 NA Desember-20 CX'D December 13, 2011 December 27, 2011 December 20, 2011 N/A Januay 3, 2012 January 17, 2012 N tD N O r H tp H D 3 N N O �-+