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HomeMy WebLinkAbout12062011 Planning & Zoning Packet Seward Planning & Zoning Commission Regular Meeting Packet \ OF S,F , Z4‘ sIt, I P •::44 40for; •� 44 4 — sY•C'' December 6, 2011 City Council Chambers Beginning at 7:30 p.m. Seward Planning & Zoning Commission Regular Meeting December 6, 2011 7.•30 p.m. City Council Chambers Sandie Roach' Chair 1. Call to Order Term Expires 02/13 2. Opening Ceremony Vacant Commissioner A. Pledge of Allegiance Term Expires 02/14 Tena Morgan 3. Roll Call Commissioner Term Expires 02/13 4. Special Reports & Presentations Vacant A. City Administration Report Commissioner Term Expires 02/12 B. Other Reports, Announcements & Presentations Cindy Ecklund 5. Citizens' Comments on any subject except those items Vice Chair scheduled for public hearing. [Those who have signed in will Term Expires 02/14 be given the first opportunity to speak Time is limited to 2 Dale Butts minutes per speaker and 30 minutes total time for this agenda Commissioner item] Term Expires 02/13 6. Approval of Agenda and Consent Agenda. [Approval of Vacant Consent Agenda passes all routine items indicated by asterisk ( *). Commissioner Consent Agenda items are not considered separately unless a Term Expires 02/12 Commissioner so requests. In the event of such a request, the item is returned to the Regular Agenda.] Jim Hunt City Manager Ron Long Assistant City Manager Donna Glenz Planner Dwayne Atwood Planning Technician Planning and Zoning Commission Meeting Agenda December 6, 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 -15 of the Seward Planning and Zoning Commission recommending the City Council amend Seward City Code 2.30.220 and 2.30.221 to change the Planning and Zoning meeting start times to 7:00 P.M. and set adjournment no later than 10:30 P.M Page 3 8. Unfinished Business — None 9. New Business — A. Discussion of Commission availability and suggested work session dates in January with Council on Title 15 Code Update Page 9 * B. November 15, 2011 Special Meeting Minutes Page 10 10. Informational Items and Reports (No action required) - A. 2012 Meeting and Agenda Cut -Off Dates Page 17 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 Meeting Agenda December 6, 2011 Sponsored by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2011 -15 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING THE CITY COUNCIL AMEND SEWARD CITY CODE 230.220 AND 2.30.221 TO CHANGE THE PLANNING AND ZONING MEETING START TIMES TO 7:00 P.M. AND SET ADJOURNMENT NO LATER THAN 10:30 P.M. WHEREAS, at the November 15, 2011 Planning and Zoning meeting the Commission discussed and requested staff bring forward an ordinance for Council consideration amending the Seward City Code to change the Commission meeting time requirements by 30 minutes; and WHEREAS, sections 2.30.220 (a) and 2.30.221 (a) and (c) of the Seward City Code must be amended to reflect these change; and WHEREAS, in addition to amending the Seward City Code, the Seward Planning and Zoning Rules of Procedure must also be amended by resolution following the enactment of the attached Ordinance by City Council; and WHEREAS, these changes will result in the Planning and Zoning Commission meetings being called to order and adjourning consistent with the corresponding times of the City Council meetings; and WHEREAS, the public notification process has been complied with. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends Ordinance 2012 - attached and incorporated herein by reference, be forwarded to City Council for approval. Section 2. This resolution shall take effect immediately upon its adoption. Seward Planning and Zoning Commission Resolution No. 2011 -15 Page 2 PASSED AND APPROVED by the Seward Planning and Zoning Commission this 6 day of December 2011. THE CITY OF SEWARD, ALASKA Sandie Roach', Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: Three ATTEST: Johanna Kinney, CMC City Clerk (City Seal) Sponsored by: Planning and Zoning Commission Introduction Date: January 9, 2012 Public Hearing Date: January 23, 2012 Enactment Date: January 23, 2012 CITY OF SEWARD, ALASKA ORDINANCE 2012 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE 2.30.220 AND 2.30.221 TO CHANGE THE PLANNING AND ZONING MEETING START TIMES TO 7:00 P.M. AND SET ADJOURNMENT NO LATER THAN 10:30 P.M. WHEREAS, the Commission wishes to have the Planning and Zoning meeting times changed so as to be consistent with the times of the City Council meeting and familiar to the public; and WHEREAS, at the November 15, 2011 Planning and Zoning meeting the Commission discussed and requested staff bring forward an ordinance for Council consideration amending the Seward City Code to change the Commission meeting time requirements by 30 minutes; and WHEREAS, sections 2.30.220(a) Meetings and quorum; 2.30.221.(a) & (c) Meetings time restrictions, of the Seward City Code need to be amended to reflect this change; and WHEREAS, upon enactment of this ordinance, section 2.30.221(a) is amended to further clarify the meeting adjournment requirements of the city; and WHEREAS, in addition to amending the Seward City Code, the Planning and Zoning Rules of Procedure will need to be amended by resolution following the enactment of this ordinance to implement this request; and WHEREAS, at its December 6, 2011 meeting, the Planning and Zoning Commission held a public hearing and recommended City Council approval of the proposed City Code amendments. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code is hereby amended to read as follows: (St-filEethmug}s = deletions and are bold; Underline = additions and are bold Italic) Chapter 2.30. Boards and Commissions 2.30.220. Meetings and quorum (a) The Seward Planning and Zoning Commission shall meet at 7-:30 7:00 p.m. in the City Council chambers on the first Tuesday of each month. Special meetings may be held at the call of the chairman or the city manager, and at such other times as the commission may determine. [the remainder of SCC2.30.220 remains unchanged] CITY OF SEWARD, ALASKA ORDINANCE 2012 - Page 2 of 2 2.30.221 Meetings — Time restrictions (a) The Commission shall take no official action or address any other items on the agenda after x:00 10:30 p.m. The time for conclusion of business and adjournment is mandatory. In the event the Commission's business has not been completed by the time set herein, the Commission may adjourn the meeting to another day, call a special meeting to complete the agenda and adjourn, or adjourn. (b) [remains unchanged] (c) The Commission shall not adjourn prior to 11:00 10:30 p.m. unless all presentations and comments by members of the general public have been heard. Section 2. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 23 day of January 2012. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) P & Z Agenda Statement e °f SFw Meeting Date: December 6, 2011 41 CAS0" Through: Ron Long, Assistant City Manager From: Donna Glenz, Planner Agenda Item: Recommending the City Council amend Seward City Code 2.30.220 and 2.30.221 to start Planning and Zoning meetings at 7:00 p.m. and set adjournment no later than 10:30 p.m. BACKGROUND AND JUSTIFICATION: In April of 2008 the Seward City Council amended Title 2 of the Seward City Code changing the start and end time of the City Council meetings by 30 minutes. Council also better clarified the City's adjournment rules. At that time the Planning and Zoning Commission chose not to amend the Commissions portion of the City Code addressing meeting times due to a possible conflict for one of the Commissioners. This Commissioner is no longer able to serve on the Commission and has resigned the position. At the November 15, 2011 meeting the Commission discussed and requested staff to bring forward an ordinance for Council consideration amending the City Code to change the Commission meeting time requirements by 30 minutes. While amending these sections of the code, staff is requesting the same amendment Council approved clarifying the adjournment rules. In the past there has been some debate that the Commission cannot take action past the adjournment time, but could still allow citizen and commission comments when in fact the body must adjourn the meetings by the required time and is not permitted to address any other agenda items. Therefore staff recommends the following changes to the code (Strikethroughs = deletions and are bold; Underline = additions and are bold Italic) Chapter 2.30. Boards and Commissions 2.30.220. Meetings and quorum (a) The Seward Planning and Zoning Commission shall meet at 7-:38 7:00 p.m. in the City Council chambers on the first Tuesday of each month. Special meetings may be held at the call of the chairs or the city manager, and at such other times as the commission may determine. [the remainder of SCC2.30.220 remains unchanged] 2.30.221 Meetings — Time restrictions (a) The Commission shall take no official action or address anv other items on the agenda after 111:00 p.m. The time for conclusion of business and adjournment is mandatory. In the event the Commission's business has not been completed by the time set herein, the Commission may adjourn the meeting to another day, call a special meeting to complete the agenda and adjourn, or adjourn. (b) [remains unchanged] (c) The Commission shall not adjourn prior to 14:00 10:30 p.m. unless all presentations and comments by members of the general public have been heard. CONSISTENCY CHECKLIST: Yes No Comprehensive Plan (2020) X 3.7.3 Continue to improve the quality and efficiency of city governmental services. Bullet 1 Continue to review and update of the Seward City Code. (page 27) Staff has received no written comments from the public. Staff recommends amending the Code to change the Planning and Zoning Commission meeting time by 30 minutes and to better clarify the adjournment requirements of the City Code and has prepared Resolution 2011 -15 with an attached ordinance, for the Commission's review and approval. RECOMMENDATION: Staff recommends the Commission approve Resolution 2011 -15, recommending the City Council adopt the attached Ordinance to start planning and zoning meetings at 7:00 p.m. and set adjournment no later than 10:30 p.m. and to better clarify the adjournment requirements of the City Code. MEMORANDUM r yof sets' City of Seward ` 1 Community Development 4�AS�P Date: December 6, 2011 To: Planning and Zoning Commission Through: Ron Long, Assistant City Manager - A From: Donna Glenz, Planner % ° / Subject: Discussion of Commission availability and suggested work session dates in January with Council on Title 15 Code Update Council has requested a work session with the Planning and Zoning Commission to review and explain the requested Code changes to Title 15. The Council generally holds work sessions at 6:00 p.m. before their regular scheduled Council meetings. The two regular meetings in January are the 9 and the 23` Due to the Commission only having four seated Commissioners, staff is requesting the Commission discuss the availability of each of the Commissioners for the suggested dates or suggest other dates the Commission will be available for a joint work session. RECOMMENDATION: The Commission should discuss the above options, make new suggestions and prioritize the dates in preference order. City of Seward, Alaska Planning Commission Minutes November 15, 2011 Volume 6, Page 4 5 8 Call to Order The November 15, 2011 Special Meeting of the Seward Planning & Zoning Commission was called to order at 6:35 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 Dale Butts Cindy Ecklund Tena Morgan comprising a quorum of the Commission; and Donna Glenz, City Planner Dwayne Atwood, Planning Technician City Administration Report City Planner Donna Glenz updated the Commission on the following business items: • Ron Long had been recently hired as Assistant City Manager and Community Development Department Director. • Former Planning & Zoning Commissioner Steven Heinrich was presented a plaque at the November 14, 2011 City Council meeting to recognize his years of service on the commission. • A culvert replacement project at Salmon Creek Road had been completed to provide sufficient flow for future high water events. • AVTEC was continuing complete the wiring connectivity for its wind turbine project. The estimated date for completion and turbine operation was not known. • The AT &T communications tower was still under construction at the Seward Marine Industrial Center. The project was due to be completed before the end of 2011. • In an attempt to reduce landfill refuse, the City Clerk's Office was providing a water pitcher and glasses instead of bottled water for City meetings. • The next Planning & Zoning Commission meeting was scheduled for December 6, 2011, with a Seward / Bear Creek Flood Service Area Board work session beginning at 6:30 p.m. • City offices were scheduled to be closed November 24 -25, 2011 for the Thanksgiving. Other Reports, Announcements & Presentations -None City of Seward, Alaska Planning Commission Minutes November 15, 2011 Volume 6, Page 4 5 9 Citizens' Comments on any subject except those items scheduled for Public Hearing — None Approval of Agenda and Consent Agenda Motion (Ecklund/Butts) Approve the Agenda and the Consent .Agenda Motion Passed Unanimous The following items were approved on the Consent Agenda: October 6, 2011 Regular Meeting Minutes Special Items — Election of Vice Chair Roach' opened the floor for Vice Chair nominations Motion (Butts/Morgan) Elect Commissioner Ecklund as Vice Chair Seeing no further nominations, nominations were closed Motion Passed Unanimous Consent Unfinished Business Items requiring a Public Hearing — None New Business Items requiring a Public Hearing Resolution 2011 -14 of the Planning & Zoning Commission of the City of Seward, Alaska recommending Kenai Peninsula Borough approval of the preliminary replat of Lots 15 -19, Block 8, Original Townsite of Seward, Johnson Replat, creating two lots to be known as Lots 15A & 17A, located at the northwest intersection of Railway Avenue and Sixth Avenue, 211 Sixth Avenue and 510 Railway Avenue Glenz described and noted the proposed replat location and existing structures. Glenz reviewed the current zoning for the parcels, including the availability utilities. The Community Development Department had received no public comments on the proposed replat. She noted the applicant was in the audience and available for questions. Roach' asked if the proposed replat was consistent with the City Land Use Plan for future zoning and development. City of Seward, Alaska Planning Commission Minutes November 15, 2011 Volume 6, Page 4 6 0 Glenz explained the Land Use Plan and noted the zoning designations for the parcels remained the same with the platting action. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Aaron Johnson, owner of the parcels, said he would like to have a business, but would need to explore available resources and consider the economic potential of any future business he might undertake. There were no further requests to be heard and the public hearing was closed. Motion (Ecklund/Morgan) Approve Resolution 2011 -14 Ecklund said she was pleased that the property was slated for possible development and continued use. Roach' also said she was grateful that an entrepreneur was planning to come into the community and develop. Motion Passed Unanimous Unfinished Business — None New Business Resolution 2011 -12 of the Planning and Zoning Commission recommending City Council approve the official naming of the newly constructed North Forest Acres Levee Road, as Levee Road; located within the public access easement on Tract B, Dieckgraeff- Gillespie replat; located at 2501 Seward Highway Glenz explained the history of the levee construction and its design. The ribbon cutting ceremony for the levee drive surface was held on August 8, 2011. The route connects the Seward Highway to Dimond Boulevard, rerouting industrial traffic away from residential streets in the Forest Acres neighborhood. Glenz noted the naming of the levee road, as Levee Road, met all of the criteria outlined by the City and Kenai Peninsula Borough. In response to Butts, Glenz stated that no other name suggestions had been received. She continued to explain that Levee Road had been the informal name for the road during several years of planning and development. There was no City guideline requiring public input or suggestions for street names. A street sign identifying Levee Road had been put in place. Butts asked what process was required for suggesting a different name for the road. City of Seward, Alaska Planning Commission Minutes November 15, 2011 Volume 6, Page 4 61 Glenz said a public process would require advertising; noting staff would support the effort to solicit name suggestions from the community if that were the wishes of the Commission, or the Commission could simply amend the Resolution before them. She noted the road was to have no individual addresses assigned because there was to be no access to or from any parcel along the route. Roach' asked how much community input there had been regarding the naming of the road. Any input would have occurred at the various public meetings related to the project that had been held over the years, Glenz noted. In response to Ecklund, Glenz stated the agenda had been posted and advertised to the public and no members of the public had offered comments. Butts stated he had received a suggestion that the route be named Dieckgraeff Road, in honor of Frank Dieckgraeff. Commissioners and staff further discussed the location of the road, the access easement and future platting possibilities. Motion (Ecklund/Morgan) Approve Resolution 2011 -12 Motion (Butts/Morgan) Amend Resolution 2011 -12 to replace the suggested name of Levee Road with Dieckgraeff Road Butts said the late Frank Dieckgraeff and the Dieckgraeff Family had been instrumental in developing the North Forest Acres Levee and assisting with flood prevention measures. Morgan asked for clarification if the intention was to name the road Dieckgraeff Road or Dieckgraeff Levee Road. Butts said the intention was to name the road Dieckgraeff Road. Motion Passed Unanimous Main Motion Passed as Amended Unanimous Resolution 2011 -13 rescinding Resolutions 2011 -09 & 2011 -10, recommending City Council amend portions of Seward City Code 15.10.140 Definitions; 15.10.220 Development Requirements Table; 15.10.225 Land Uses Allowed; and 15.10.225 Land Uses Allowed Table City ofSeward, Alaska Planning Commission Minutes November 15, 2011 Volume 6, Page 4 62 Glenz explained the history of Resolutions 2011 -09 and 2011 -10 and how rescinding both resolutions was to provide the opportunity to make changes requested by the public and hold a work session with City Council on the proposed Code changes. Ecklund said the Commission had spent considerable time making the proposed changes to the City Code. While the City Council did express some concerns with the proposed changes, new Council members had been seated since those concerns were expressed. Roach' asked staff what portions of the proposed Code changes the City Council was concerned about. Glenz said the concerns expressed came largely from child care providers who feared the proposed Code changes would impact their businesses. She noted a Planning and Zoning work session had been held to address those issues. Council did have some concerns with definitions, as listed in Title 15 of the Code. Ecklund said she would prefer that the public comment process take place during the summer or autumn, not in winter when many seasonal residents are gone. Roach' said the Commission would explain the intent of the changes to City Council during the requested work session and that may provide the assurance to gain Council support. Motion (Morgan/Ecklund) Approve Resolution 2011 - 13 Roach' asked staff if there was a work session scheduled with City Council. Glenz stated the work session date had not been set and with the current budget process and Christmas Holiday the work session will not be scheduled until January, 2012. Motion Passed Unanimous Approve 2012 Planning and Zoning meeting / work session schedule and public hearing cut -off dates Glenz explained that each year the meeting calendar was adopted by the Commission. She noted the City Code requires a regular meeting on the first Tuesday of each month. That schedule can be modified by a public vote of the Commission or changed as needed by public notice in the City Calendar. Motion (Ecklund/Morgan) Approve 2012 meeting calendar Motion (Morgan/Ecklund) Amend 2012 meeting calendar and cut -off dates by canceling the July 3, 2012 regular meeting and scheduling the July 17, 2012 work City ofSewarc, Alaska Planning Commission Minutes November 15, 2011 Volume 6, Page 4 63 session as a special meeting; and canceling the December 18, 2012 work session. Motion Passed Unanimous The Commission and staff discussed the meeting schedule and cut -off dates and requested no further changes. Main Motion Passed as Amended Unanimous Discussion of meeting time change from 7:30pm to 7:OOpm Glenz explained the Council had amended the City Code changing their meeting time by 30 minutes several years ago. She noted the Commission had not amended their 7:30 p.m. start time during that process in order to accommodate a Commissioner with later work hours. She noted that due to the resignation of that Commissioner it had been suggested the Commission again discuss the earlier start and adjournment time. Commissioners agreed to hold regular meetings at 7 p.m. and work sessions at 6 p.m. The Commission reached a consensus and agreed to a meeting sunset time of 10:30 p.m. Staff agreed to bring forward a resolution and ordinance for the Commission to forward to Council requesting the Code changes. Informational Items and Reports (No action required) Reminder of December 6, 2011 P &Z work session with Seward Bear Creek Flood Service Area Board NFIP /CRS Special Bulletin October 2011 Commission Comments Commissioner Morgan thanked staff for the meeting preparation. Ecklund thanked the City Clerk's office for the use of a water pitcher and glasses, which replaced bottled water. Ecklund reported that the Seward Waterfront Plat was approved by the Kenai Peninsula Borough plat committee and had been moved forward to the Kenai Peninsula Borough Planning Commission. Roach' asked Commissioners to participate in the signing of a card that would be sent to former Commissioner Steve Heinrich to thank him for his service. Citizens' Comments — None City of Seward, Alaska Planning Commission Minutes November 15, 2011 Volume 6, Page 4 6 4 Commission and Administration Response to Citizens' Comments — None Adjournment Meeting adjourned at 7:59 p.m. Dwayne Atwood, Sandie Roach' Planning Technician Chair (City Seal) Seward Planning Zoning Commission 2012 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 Non Public Hearing Notice Meeting Date Variance /CUP /Plat Reviews Items (3 weeks prior to meeting) (2 weeks prior to meeting) December 13, 2011 December 20, 2011 January 3, 2012 December 27, 2011 N/A January 17, 2012 January 17 January 24 February 7 January 31 N/A February 21 February 14 February 21 March 6 Febuary 28 N/A March 20 March 13 March 20 April 3 March 27 N/A April 17 April 10 April 17 May 1 April 24 N/A May 15 May 15 May 22 June 5 May 29 N/A June 19 June -12 June--1-8 July -3 CX'd June 26 July 3 July 17 July 17 July 24 August 7 July 31 N/A August 21 August 14 August 20 September 4 August 28 N/A September 18 September 13 September 20 October 4 September 25 N/A October 16 October 17 October 25 November 8 October 30 N/A November 20 November 13 November 20 December 4 November-47 NA December 18 CX'd December 13, 2012 December 20, 2012 January 3, 2013 December 24, 2012 N/A January 15, 2013 D ecember 2011 December 2011 January 2012 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 1 2 3 4 5 6 7 4 5 6 7 8 9 10 8 9 10 11 12 13 14 11 12 13 14 15 16 17 15 16 17 18 19 20 21 18 19 20 21 22 23 24 22 23 24 25 26 27 28 25 26 27 28 29 30 31 29 30 31 Monday Tuesday Wednesday Thursday Friday Nov 28 29 30 Dec 1 2 N u v 0 CO 0 Z 5 6 7 8 9 7:OOpm CC Worksessio 7:30pm P &Z Meeting 12:OOpm PACAB Meetin 11:30am Seward Comm rn u v 0 12 13 14 15 16 7:OOpm City Council M N r-I u N 0 19 20 21 22 23 12:OOpm Christmas Eve; 12:OOpm PACAB Work S 9:OOam Social Security 12:OOpm Christmas Eve; 6:30pm Historic Preser m Qn N 0 26 27 28 29 30 Christmas; Offices Clos 7:OOpm City Council M 0 L0 u N 0 Nanci Richey 1 12/1/2011 9:39 AM J anuary 2 012 January 2012 February 2012 SuM SuMo TuWe Th Fr Sa o TuWe Th Fr Sa 1 2 3 4 5 6 7 1 2 3 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 29 30 31 26 27 28 29 Monday Tuesday Wednesday Thursday Friday Jan 2 3 4 5 6 7:30pm P &Z Meeting LO N C 1a 9 10 11 12 13 7:OOpm City Council M 11:30am Seward Comm m r-1 c C 16 17 18 19 20 6:30pm P &Z Work Ses 12:OOpm PACAB Work S 6:30pm Historic Preser 0 N VD r-1 C N 23 24 25 26 27 7:OOpm City Council M 9:OOam Social Security 7:OOpm Seward Fish ar N. 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