HomeMy WebLinkAbout04152014 Planning & Zoning Packet Special Meeting Seward Planning & Zoning Commission
Special Meeting Packet
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April 15, 2014 Special Meeting
Seward Community Library& Museum, Upstairs Meeting Room
Beginning at 7:00 p.m.
Seward Planning & Zoning Commission
Special Meeting
April 15, 2014 7:00 p.m. City Council Chambers
Cindy Ecklund
Chair 1. Call to Order
Term Expires 02/17
2. Opening Ceremony
Bixler McClure
Vice Chair A. Pledge of Allegiance
Term Expires 02/15
Martha Fleming 3. Roll Call
Commissioner
Term Expires 02/17 4. Special Reports& Presentations
Janet Coulter A. City Administration Report
Commissioner
Term Expires 02/15 B. Other Reports, Announcements&Presentations
Christopher Edgar 5. Citizens' Comments on any subject except those items
Commissioner scheduled for public hearing. [Those who have signed in will
Term Expires 02/16
be given the first opportunity to speak. Time is limited to 3
Vacant minutes per speaker and 36 minutes total time for this agenda
Commissioner item]
Term Expires 02/16
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 02/16 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
April 15, 2014
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
1. Resolution 2014-06 of the Planning and Zoning Commission of the City
of Seward, Alaska, recommending City Council amend portions of
Seward City Code §15.10.140. B Definitions, §15.10.225 Land Uses
Allowed and §15.10.225 Land Uses Allowed Table; to allow Mobile
Vendors and Roving Vendors to operate on City-owned property (as
designated) and within public rights of way Page 3
8. Unfinished Business—None
9. New Business—
* A. April 1,2014 Regular Meeting Minutes Page 17
10. Informational Items and Reports (No action required)-
A. FEMA Region X Newsletter Page 23
B. 2014 Planning&Zoning Meeting Schedule Page 26
C. Permitting&Agency Information Day Flyer Page 27
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
April 15, 2014
2
Sponsored by: Staff
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2014-06
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF
THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL
AMEND PORTIONS OF SEWARD CITY CODE §15.10.140.B
DEFINITIONS, §15.10.225 LAND USES ALLOWED AND §15.10.225
LAND USES ALLOWED TABLE; TO ALLOW MOBILE VENDORS AND
ROVING VENDORS TO OPERATE ON CITY OWNED PROPERTY (AS
DESIGNATED)AND WITHIN PUBLIC RIGHTS OF WAY
WHEREAS, members of the public have requested a code change to allow mobile
vendors and roving vendors on City parcels and within public Rights of Way; and
WHEREAS, February 24, 2014 City Council directed the Planning and Zoning
Commission to hold public work sessions and develop new code provisions addressing mobile
and roving vendors on City parcels (as designated) and within certain public rights of way; and
WHEREAS, the Planning and Zoning Commission held several public work sessions on
mobile vendors and roving vendors, specifically to address new code provisions for the Seward
City Code; and
WHEREAS, the Public Hearing 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 2014- attached and
incorporated herein by reference, be forwarded to City Council for approval,
amending portions of Seward City Code §15.10.140.B Specific Definitions,
§15.10.225 Land Uses Allowed and §15.10.225 Land Uses Allowed Table; to
allow mobile vendors and roving vendors to operate on city owned property (as
designated) and within public rights of way.
Section 2. This resolution shall take effect immediately upon its adoption.
3
1
Seward Planning and Zoning Commission
Resolution 2014-06
Page 2 of 2
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 15th
day of 2014.
THE CITY OF SEWARD
Cindy Ecklund, Chair
AYES:
NOES:
ABSENT:
ABSTAIN:
VACANT: Two
ATTEST:
Johanna Kinney, CMC
City Clerk (City Seal)
4
Sponsored by: Planning and Zoning Commission
Introduction Date: May 12,2014
Public Hearing Date: May 27,2014
Enactment Date: May 27,2014
CITY OF SEWARD,ALASKA
ORDINANCE 2014-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE
§15.10.140.B SPECIFIC DEFINITIONS, §15.10.225 LAND USES
ALLOWED AND §15.10.225 LAND USES ALLOWED TABLE; TO
ALLOW MOBILE VENDORS AND ROVING VENDORS TO OPERATE
ON CITY OWNED PROPERTY (AS DESIGNATED) AND WITHIN
PUBLIC RIGHTS OF WAY
WHEREAS, members of the public have requested code changes to allow mobile
vendors and roving vendors on City parcels and within public Rights of Way; and
WHEREAS, at the February 24, 2014 work session Council directed the Planning and
Zoning Commission to hold public work sessions and develop new code provisions addressing
mobile and roving vendors on City parcels; and
WHEREAS, the Planning and Zoning Commission held public work sessions on March
11 and 18, 2014 to develop the new code provisions and on March 24, 2014 held a joint work
session with Council to present and review the proposed new code provisions; and
WHEREAS, at its April 15, 2014 special 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. Portions of Seward City Code are hereby amended to read as follows:
(Deletions are Bold Strikethrouglis; Additions are Bold Italic Underline)
15.10.140 Definitions (B)
B. Specific definitions. (Parenthetical references are for cross-reference only.) In this chapter,
unless otherwise provided or the context otherwise requires:
* * *
98. Vending.The sales of food, services or merchandise.
" :". • . ; • . A.; - : • : • ;•• • ;•• ; : • •;.; • ; ; ; • • : ;* -• ; •
;•• ; • •• " ' ' • : ; : : ; " • ' • ; : • : :
5
CITY OF SEWARD,ALASKA
ORDINANCE 2014-
Page 2 of 6
a. Hawking: is the loud or continuous audible solicitation of business by a vendor to the
general public.
b. Mobile Vending Cart: is a non-motorized structure or unit on wheels that is easily
moved and used for vending.
c. Mobile Vendor: a person or business that sells food or permitted types of goods from
City-approved locations using(i) a licensed vehicle or cart capable of movement; or(ii)
a licensed trailer pulled behind a motor vehicle.
d. Pre Packaged food: ready-to-eat food that is cooked, wrapped, packaged, processed, or
portioned for service, sale or distribution.
e. Roving Vendor: a person who offers only pre-packaged food items to the public, with
or without the use of a licensed motor vehicle, from no fixed location on public
property, only on rights of way within designated zoning districts, excluding Fourth
Avenue between Port Avenue and Van Buren Street, and also excluding Fourth and
Fifth Avenues between Jefferson Street and Railway Avenue.
Transient merchant. Any person, partnership, firm or corporation, whether a resident of
the City or not, who engages in a temporary business, within a period not exceeding 150
consecutive days in a calendar year, of selling and delivering goods and/or services,
wares and merchandise for profit or nonprofit within the City by operating
. . . , • . . •
. .. , -, . . • . . . • •, from a
location out-of-doors or in quarters that are easily moveable, such as a temporary leased
area or space, or motor vehicle, trailer or tent. Includes peddlers, solicitors, itinerant
merchants and vendors. Does not include vehicles for hire. Transient merchants operate
exclusively from private property. (note: Transient merchant definition relocated. Previously
15.10.140.B. 95.)
15.10.225-Land Uses Allowed Table
(Deletions are Bold Strilcthrenghs; Additions are Bold Italic Underline)
Districts: Principally Residential Principally Principally
Commercial Public
Uses RR JR1IR2 JR3 IUR ORIACIHC ICB I I RMIINSI P
6
CITY OF SEWARD, ALASKA
ORDINANCE 2014-
Page 3 of 6
M o b i l e V e n d o r P P P P P P P P PP P
Roving Vendor P P P P P P P P PP P
15.10.225 Land uses allowed.
(a) (b) * * *
Note: (c) Transient Merchants . . . becomes (e)
(c) Mobile Vendor as defined in section 15.10.140 B 98 Vending (C) of this chapter and
which are allowed in accordance with table .15.10.225 are subject to the following
development requirements:
1. An application for a mobile vendor must be submitted on a form provided by the
City Clerk's office yearly with colored pictures of at least two different angles of the
unit the applicant is applying to license and a description that includes the length and
width, when in its widest configuration.
2. Mobile vendors may operate at designated locations, by permit. Policies and
Procedures shall be set by resolution of the City Council.
3. The Seward Police Department has the right to close down a mobile vendor if
vending is causing or contributing to an imminent public safety hazard.
4. No mobile vending shall take place on public property between the hours of
10:00 p.m. and 6:00 a.m. unless otherwise posted.
5. A mobile vendor may only offer, for sale, the following types of goods and
services on public property: Food and/or non-alcoholic beverages; Handicrafts,
artwork,jewelry or similar goods or Firewood.
6. Licenses: In addition to complying with City of Seward ordinances related to
mobile vendors and applicable regulations, the owner and operator is responsible for
applying for and obtaining all other necessary licenses and satisfying the standards
of the City permit conditions.
7. Mobile vendor vehicles or carts may not remain in place overnight or in City
parking lots.
8. Mobile vendor vehicles must be self-contained when operating, except for the
required trash and or recycling receptacles, which shall be in a safe location and in
no event shall impede the free movement of automobiles or pedestrians, within their
permitted lot or space.
7
CITY OF SEWARD,ALASKA
ORDINANCE 2014-
Page 4 of 6
9. Mobile vendors must serve to the sidewalk or esplanade next to a sidewalk when
parked in spaces parallel to City sidewalks.
10. It shall be unlawful for a vendor to attract customers by hawking or physically
accosting persons.
11. Each mobile vendor vehicle shall provide the City of Seward with a certificate
of insurance to cover public liability in the standard amount set by City policy.
Insurance policies shall stipulate that the insurer will give written notice to the City
at least 30 days prior to cancellation or other termination in coverage. Prior to
acceptance of their permit, vendors shall execute an instrument under the terms of
which the permittee shall agree to indemnify, defend, and hold harmless the City of
Seward from any and all claims for injury or damage to persons or property suffered
in connection with vendor activities.
12. Any mobile vendor base station shall be properly licensed.
13. Mobile vendors shall comply with all City code, policy and procedures. Failure
to adhere to the regulations for mobile vendors is cause for revocation or suspension
of the license/permit by the City Clerk
14. Mobile vendors shall display required permits and City business license in a
prominent location on the Mobile Vending Cart or vehicle from which the business is
conducted pursuant to the permit, so it is protected from the weather and easily
visible to the public.
(d) Roving Vendor as defined in section 15.10.140 B 98 (e) of this chapter and which are
allowed in accordance with table 15.10.225 are subject to the following development
requirements:
1. Roving vendors shall not vend on any public street where the legal speed limit
exceeds 25 miles per hour, or on Fourth Avenue between Port Avenue and Van
Buren Street, and also excluding that portion of Fourth and Fifth Avenues between
Jefferson Street and Railway Avenue.
2. Roving vendors shall not vend on any public street before 6:00 a.m. or after
10:00 p.m., unless otherwise posted
3. Roving vendors shall vend only when the vehicle is lawfully parked and
completely stopped
4. Roving vendors shall vend on public streets from the side of the vehicle away
from moving traffic, and within one foot of the curb or edge of the street
5. Roving vendors shall not vend or permit the vehicle to stand in one place in any
public place or street for more than (30) minutes or in front of any premises for any
time if the owner or lessee objects.
8
CITY OF SEWARD,ALASKA
ORDINANCE 2014-
Page 5 of 6
6. An application for a roving vendor vehicle must be submitted on a form
provided by the City Clerk's office yearly with colored pictures of at least two
different angles of the unit the applicant is applying to license and a description that
includes the length and width, when in its widest configuration.
7. The Seward Police Department has the right to close down or request a roving
vendor to relocate if vending is causing or contributing to an imminent public safety
hazard.
8. In addition to complying with City ordinances and permit conditions related to
roving vendors, the owner and operator is responsible for applying for and obtaining
all other necessary licenses required for the service of food The roving vendor
vehicle shall be in compliance with the motor vehicle laws of the State of Alaska, and
the roving vendor vehicle owner is responsible for complying and verifying that a
specific location or route does not violate City zoning code.
9. Roving vendors shall comply with all traffic rules.
10. Each roving vendor vehicle must provide the City of Seward with a certificate
of insurance to cover public liability in the standard amount set by City policy.
Insurance policies shall stipulate that the insurer will give written notice to the City
at least 30 days prior to cancellation or other termination in coverage. Prior to
acceptance of their permit, vendors shall execute an instrument under the terms of
which the permittee shall agree to indemnify, defend, and hold harmless the City of
Seward from any and all claims for injury or damage to persons or property suffered
in connection with vendor activities.
11. Any roving vendor base station must be properly licensed.
12. Roving vendors shall comply with City code, policy and procedures. Policies
and procedures shall be set by resolution of the City Council. Failure to adhere to the
regulations for roving vendors is cause for revocation or suspension of license /
permit by the City Clerk.
13. Roving vendors shall display required permits and City business license in a
prominent location on the Mobile Vending Cart or vehicle from which the business is
conducted pursuant to the permit, so it is protected from the weather and easily
visible to the public.
Section 2. This ordinance shall take effect ten(10)days following enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this
day of 2014.
9
CITY OF SEWARD,ALASKA
ORDINANCE 2014-
Page 6 of 6
THE CITY OF SEWARD,ALASKA
Jean Bardarson,Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Johanna Kinney, CMC
City Clerk
(City Seal)
10
P&Z Agenda Statement
I.
Meeting Date: April 15, 2014 6'4a kCA
Through: Ron Long, Assistant City Manager
-1k-Asv-c'
From: Donna Glenz, Planner
Agenda Item: Resolution 2014-06, Amending Portions of Seward City Code
(SSC) §15.10.140.B Specific Definitions, §15.10.225 Land Uses
Allowed and §15.10.225 Land Uses Allowed Table; to allow
mobile vendors and roving vendors to operate on city owned
property(as designated) and within public rights of way
BACKGROUND &JUSTIFICATION:
Members of the public have requested code changes to allow mobile vendors and roving vendors on
City parcels and within public Rights of Way. At the City Council public work session on February
24, 2014 the Council directed the Planning and Zoning Commission to hold public work sessions
and develop new code provisions addressing mobile and roving venders.
The Commission held several public work sessions on March 11 and 18, 2014 to develop the new
code provisions and on March 24,2014 held a joint work session with Council to present and review
the proposed new code provisions. Members of the public and several department heads attended
the work sessions, providing valuable requests and insight, which were incorporated into the code
provisions.
At the direction of Council,the detailed Policies and Procedures,including the recommended vender
locations will be approved by Resolution of the City Council.
This Ordinance as presented has been reviewed and approved by the City attorney.
The recommended code provisions are as follows:
(Deletions are Bold Strikethroughs; Additions are Bold Italic Underline)
15.10.140 Defmitions (B)
B. Specific definitions. (Parenthetical references are for cross-reference only.) In this chapter,unless
otherwise provided or the context otherwise requires:
* * *
11
Planning and Zoning
Agenda Statement
Page 2 of 6
98. Vending.The sales of food, services or merchandise.
• . .
• • . . . , . , . . , .. . • . . .•.. , .. • , . . . • • •
..
a. Hawking: is the loud or continuous audible solicitation of business by a vendor to the
general public.
b. Mobile Vending Cart:is a non-motorized structure or unit on wheels that is easily moved
and used for vending.
c. Mobile Vendor:a person or business that sells food or permitted types of goods from City-
approved locations using (i) a licensed vehicle or cart capable of movement; or (ii) a
licensed trailer pulled behind a motor vehicle.
d Pre Packaged food: ready-to-eat food that is cooked, wrapped, packaged, processed, or
portioned for service, sale or distribution.
e. Roving Vendor: a person who offers only pre-packaged food items to the public, with or
without the use of a licensed motor vehicle,from no fixed location on public property,only
on rights of way within designated zoning districts, excluding Fourth Avenue between
Port Avenue and Van Buren Street, and also excluding Fourth and Fifth Avenues
between Jefferson Street and Railway Avenue.
,f Transient merchant Any person,partnership,firm or corporation,whether a resident of the
City or not, who engages in a temporary business, within a period not exceeding 150
consecutive days in a calendar year, of selling and delivering goods and/or services, wares
and merchandise for profit or nonprofit within the City by operating ,
• • ' •••• • ', • • •• ; • - • • • • • • • •, . from a location out-
of-doors or in quarters that are easily moveable,such as a temporary leased area or space,or
motor vehicle,trailer or tent. Includes peddlers,solicitors,itinerant merchants and vendors.
Does not include vehicles for hire. Transient merchants operate exclusively from private -
property. (note:Transient merchant definition relocated.Previously 15.10.140.B. 95.)
15.10.225 -Land Uses Allowed Table
(Deletions are Bold Strip; Additions are Bold Italic Underline)
12
Planning and Zoning
Agenda Statement
Page 3 of 6
Districts: Principally Residential Principally Principally
Commercial Public
Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P
Mobile V e n d o r P P P P P P P P PP P
Roving Vendor P P P P P P P P P P P
15.10.225 Land uses allowed.
(Deletions are Bold Stri ghs; Additions are Bold Italic Underline)
(a) (b) * * *
Note: (c) Transient Merchants . . . becomes (e)
(c)Mobile Vendor as defined in section 15.10.140 B 98 Vending(C)o f this chapter and which
are allowed in accordance with table .15.10.225 are subject to the following development
requirements:
1. An application for a mobile vendor must be submitted on a form provided by the
City Clerk's office yearly with colored pictures of at least two different angles of the unit
the applicant is applying to license and a description that includes the length and width,
when in its widest configuration.
2. Mobile vendors may operate at designated locations, by permit. Policies and
Procedures shall be set by resolution of the City Council,
3. The Seward Police Department has the right to close down a mobile vendor if
vending is causing or contributing to an imminent public safety hazard.
4. No mobile vending shall take place on public property between the hours of 10:00
p.m. and 6:00 a.m. unless otherwise posted,
5. A mobile vendor may only offer,for sale,the following types of goods and services
on public property:food and/or non-alcoholic beverages;handicrafts,artwork,jewelry
or similar goods or firewood.
6. Licenses: In addition to complying with City of Seward ordinances related to
mobile vendors and applicable regulations, the owner and operator is responsible for
applying for and obtaining all other necessary licenses and satisfying the standards of
the City permit conditions.
13
Planning and Zoning
Agenda Statement
Page 4 of 6
7. Mobile vendor vehicles or carts may not remain in place overnight or in City
parking lots.
8. Mobile vendor vehicles must be self-contained when operating, except for the
required trash and or recycling receptacles, which shall be in a safe location and in no
event shall impede the free movement of automobiles or pedestrians, within their
permitted lot or space.
9. Mobile vendors must serve to the sidewalk or esplanade next to a sidewalk when
parked in spaces parallel to City sidewalks.
10. It shall be unlawful for a vendor to attract customers by hawking or physically
accosting persons.
11. Each mobile vendor vehicle shall provide the City of Seward with a certificate of
insurance to cover public liability in the standard amount set by City policy.Insurance
policies shall stipulate that the insurer will give written notice to the City at least 30 days
prior to cancellation or other termination in coverage. Prior to acceptance of their
permit,vendors shall execute an instrument under the terms of which the permittee shall
agree to indemnify, defend, and hold harmless the City of Seward from any and all
claims for injury or damage to persons or property suffered in connection with vendor
activities.
12. Any mobile vendor base station shall be properly licensed.
13. Mobile vendors shall comply with all City code,policy and procedures. Failure to
adhere to the regulations for mobile vendors is cause for revocation or suspension of the
license/permit by the City Clerk.
14. Mobile vendors shall display required permits and City business license in a
prominent location on the Mobile Vending Cart or vehicle from which the business is
conducted pursuant to the permit,so it is protected from the weather and easily visible to
the public.
(d) Roving Vendor as defined in section 15.10.140 B 98 (e) of this chapter and which are
allowed in accordance with table 15.10.225 are subject to the following development
requirements:
1. Roving vendors shall not vend on any public street where the legal speed limit
exceeds 25 miles per hour, or on Fourth Avenue between Port Avenue and Van Buren
Street,and also excluding that portion of Fourth and Fifth Avenues between Jefferson
Street and Railway Avenue.
2. Roving vendors shall not vend on any public street before 6:00 a.m. or after 10:00
p.m., unless otherwise posted.
14
Planning and Zoning
Agenda Statement
Page 5 of 6
3. Roving vendors shall vend only when the vehicle is lawfully parked and completely
stopped.
4. Roving vendors shall vend on public streets from the side of the vehicle away from
moving traffic, and within one foot of the curb or edge of the street
S. Roving vendors shall not vend or permit the vehicle to stand in one place in any
public place or street for more than(30)minutes or in front of any premises for any time
if the owner or lessee objects.
6. An application for a roving vendor vehicle must be submitted on a form provided
by the City Clerk's office yearly with colored pictures of at least two different angles of
the unit the applicant is applying to license and a description that includes the length
and width, when in its widest configuration.
7. The Seward Police Department has the right to close down or request a roving
vendor to relocate if vending is causing or contributing to an imminent public safety
hazard,
8. In addition to complying with City ordinances and permit conditions related to
roving vendors,the owner and operator is responsible for applying for and obtaining all
other necessary licenses required for the service of fooeL The roving vendor vehicle shall
be in compliance with the motor vehicle laws of the State of Alaska, and the roving
vendor vehicle owner is responsible for complying and verifying that a specific location
or route does not violate City zoning code.
9. Roving vendors shall comply with all traffic rules.
10. Each roving vendor vehicle must provide the City of Seward with a certificate of
insurance to cover public liability in the standard amount set by City policy. Insurance
policies shall stipulate that the insurer will give written notice to the City at least 30 days
prior to cancellation or other termination in coverage. Prior to acceptance of their
permit, vendors shall execute an instrument under the terms of which the permittee shall
agree to indemnify, defend, and hold harmless the City of Seward from any and all
claims for injury or damage to persons or property suffered in connection with vendor
activities.
11. Any roving vendor base station must be properly licensed.
12 .Roving vendors shall comply with City code,policy and procedures. Policies and
procedures shall be set by resolution of the City CounciL Failure to adhere to the
regulations for roving vendors is cause for revocation or suspension of license/permit
by the City Clerk
13. Roving vendors shall display required permits and City business license in a
prominent location on the Mobile Vending Cart or vehicle from which the business is
15
Planning and Zoning
Agenda Statement
Page 6 of 6
conducted pursuant to the permit,so it is protected from the weather and easily visible to
the public.
CONSISTENCY CHECKLIST: Yes No N/A
Comprehensive Plan (2020): 3.2 Land Use
3.7.3 Continue to improve the quality and efficiency of city
governmental services.
1' X
• Continue to revise and update the Seward City
Code.
Strategic Plan (1999):
Goals and Objectives
2 * Adjust local development regulations, where appropriate, to X
encourage development that is consistent with our economic base
vision
3. Other (list): X
As per City Code§15.01.040 Public Hearings;the public notice requirements were met. At the time
of publishing this agenda, no public inquiry had been received.
RECOMMENDATION:
The Commission to approve Resolution 2014-06,recommending the City Council enact the attached
Ordinance.
16
City of Seward,Alaska Planning Commission Minutes
April 1, 2014 Volume 7, Page 73
Call to Order
The April 1, 2014 Regular Meeting of the Seward Planning & Zoning Commission was
called to order at 7:00 p.m. by Vice Chair Cindy Ecklund.
Opening Ceremony
Commissioner McClure led the Pledge of Allegiance to the fla,
Roll Call
There were present:
Cindy Ecklund presiding, and
•
Janet Coulter Christoph lar
Bixler McClure
comprising a quorum of the Comm/1(/‘
97#
Donna Glenz, City Pl.
Dw,. ood, Planni chnician
Excused was a Fie
City Administration Rep• .; /
/2/
Planner /. Gle 'dated the Commission on the following business items:
fir reported thae, - City,; anager and Assistant City Manager were traveling to
Wa ,,, on, D. C. anØ neau on City business.
• A Ken. /?,-ninsula sough Assembly meeting was scheduled to be held in the City
Council sers at •.m. on April 15.
• • A special ./,. d Zoning Commission meeting was scheduled for 7 p.m. on April 15
and would be 11 in the Seward Community Library & Museum, upstairs meeting room.
The main ageni a item was the draft Mobile Vendor Code.
• A Seward/Bear Creek Flood Service Area board meeting was scheduled for 7 p.m. on April
7. Glenz planned to attend.
• The Community Development Department would be participating in the annual Permitting
& Agency Information Day on April 17. The event was scheduled for 11 a.m. to 3 p.m. in
the Seward Community Library& Museum.
• Glenz reported that auditors were working with the City of Seward, and noted the
additional tables and materials that were present at the meeting.
17
City of Seward,Alaska Planning Commission Minutes
April 1, 2014 Volume 7, Page 74
Other Reports,Announcements &Presentations—None
Citizens' Comments on any subject except those items scheduled for Public Hearing—None
Approval of Agenda and Consent Agenda
Motion (McClure/Coulter) Approve the Agenda and Consent Agenda
r l
Motion Passed Unanimous ,,
i,„
The following items were approved on the Consent Agend rrr
y�
p
Jifr if
March 4, 2014 Regular Meeting Minutes �°"� '>
Special Items - /%/
Election of Chair and Vice Chair j%/
Glenz explained the procedure foe;,,,/,., ual election . '; e terms. Glenz noted that the
election was postponed from the March re_f.�-1'-' ����,,,, due to th- ce of Commissioners.
Ecklund opened the floor to accept 9mi .s: !, it of the Planning and Zoning
Commission. ;,,,, �°�/
,/,..,-',4-,,, v> /
Motion (McClure/ • ) /!�Close the nominations for Chair and elect
missioner Ecklund as Chair for the
4-,,° ` x ...,,,44, 'fanning and Zoning Commission.
,
Motion %�sed �j, �%y Unanimous Consent
. d opened the 4r to ac 'it nominations for Vice Chair of the Planning and Zoning
Co G; .., ion.
„• 1'
.
Motion (Ecklun.f ar) Close the nominations for Vice Chair and
+/
elect Bixler McClure as Vice Chair for the .
77°
Planning and Zoning Commission.
Motion Passed Unanimous Consent
Unfinished Business Items requiring a Public Hearing—None
New Business Items requiring a Public Hearing-
18
City of Seward,Alaska Planning Commission Minutes
April 1, 2014 Volume 7, Page 75
Resolution 2014-04 of the Planning and Zoning Commission of the City of
Seward, Alaska, providing a recommendation to City Council on the
nomination for disposal of City-owned Lot 1, Block 6, Seward Small Boat
Harbor Subdivision
Glenz explained the history of the property and its configuration in the harbor area along
Fourth Avenue. Glenz directed Commissioners to a map in the meeting packet and
described the uses of various lots surrounding the parcel known commonly as the"Sliver."
Glenz directed Commissioners to a wall map and pointed o approximate locations of
various utilities and structures. Glenz also pointed out -+ent across the parcel for a
fire lane and access in the area of J-Dock.
ff
f�lx
Some City infrastructure, including a portion of eAt harbor bre r, was on Alaska
Railroad property. The "Sliver" parcel coul• it eon approval, be dispo' f in trade with
the Alaska Railroad. Glenz said the spec * ails of'y negotiations :.:y -the Alaska
Railroad were not known. /%�,// %
Notice of public hearing being„ osted and publi° - as required by law was noted
and the public hearing was opened.
y
Ron Wille, a resident outside the city! ske/=;rye 'fication out who owned three nearby
parcels. Wille also asked about potential new is / /;. „ pacts to parking that might be
created by the proposed pry r 1,r sposal.
Glenz respo "' ndicati ;= hich parcel 0 ere owned by the City of Seward and which
parcels in the area were' ed �l the Alaska R Ave ad. Parking on Alaska Railroad property
would be managed by the ' ;ff ! , `�d.
Xy/
e asked . "Lf '.; sed parcel owned by the City that was directly south of the
"Shy-, cel, and whe i -,f, ere v1/4/:) `° intended uses.Gle /° id she did know what specific plans may exist for the surrounding City
• properties. !%//
Motion (Mc : ;; ulcer) Approve Resolution 2014-04
Ecklund asked' the ro osed recommendation for disposal should be amended to indicate
P p p
specific properties or encroachments that might be included in a disposal/exchange.
Glenz said the Commission would be providing a recommendation for disposal, but the
Council and City Administration would consider the specific properties that might be
included.
19
City of Seward,Alaska Planning Commission Minutes
April 1, 2014 Volume 7, Page 76
Edgar commented that the fire lane, the setback for the used oil receptacle and other
measurements may need to be indicated as the property disposal and development plans
progress.
Coulter asked how the City might benefit from the proposed disposal of the "Sliver"
parcel.
Glenz said the parcel was too narrow to meet normal development standards. The Alaska
Railroad had intended to develop a plaza in that area of the ' ',"' , and ownership of the
parcel could provide legal access to other Alaska Railroad p /-',-rty.
Ecklund noted that the size of the "Sliver" parcel w 13,6 ,,:' •uare feet. She asked if
other properties, of similar size, might be of benefi /,4 f munici• , ' in trade.
Glenz said the City and the Alaska Railro, had entered into agre. Its for uses of
7
various properties, including the north pc ,y f the `‘N'ver." All pare: ' -. might be
considered for an equitable exchange would biA - -rm.1 44j City Admi -:ration, Glenz
said.
Ecklund asked if action on Resol g% t, 014-04 could b ,:, poned until more information
was provided by Administration.
Glenz said she did not know what tldif,-,ae,,1",,, ,r, ,;(in City Administration might
indicate about neg 6, '`'", , if action on “i, /-solution postponed.
,,-- : ; , /
, .,,x,
Ecklund sai. „,,
c . •ropos‘, 'j•roperty disOsal was important and required two public
,"
hearings. Ecklun., 'a she i d not know if City would be receiving market value, or
equitable value, in , ' ,„,•. ,,. Ecklund said she felt there was not enough
info i,w','%4 345,-ie Co * sion to i . ,- a recommendation.
„ ,
, :ar noted the a,''- rtanc-' 1 •- J-Dock access and whether the easement would be
;„_,A -7/
5yaiiicu. ',/,/o
Glenz '.:;,,,i/the access ',-.)..ue was noted in the recommendations and should be protected by •
easement;,%,, z said/
McClure said ;,, /primary issue before the Commission was the recommendation for
disposal, not t /specifics of any negotiations that might result.
Coulter said she felt that the Commission was being asked to provide a recommendation
without the benefit of full information.
Glenz reiterated that the Commission would only be making a recommendation on the
"Sliver" parcel, and that the parcel could not realistically be developed by any private
owner.
20
City of Seward,Alaska Planning Commission Minutes
April 1, 2014 Volume 7, Page 77
Ecklund asked if a new plat might come before the Commission.
Glenz said she had not seen a draft plat, but said she believed a local surveyor was working
with the Alaska Railroad to produce one.
Coulter said parking was critical in the harbor area. She asked if parking might be lost as a
result of the"Sliver"disposal.
Glenz said the Alaska Railroad could provide parking for tJ customers or lease holders,
but on-site parking was not required within the Harbor C e ial Zoning District.
McClure asked for clarification regarding the park's,. that was curtly being provided on
the"Sliver parcel.
Glenz said the parcel included a parkin./ or Alaa Railroad leas6'4101ders, but a
portion of the parking was on City-owned la :s om- --44e various parcel boundaries
surrounding the "Sliver" were platted in unconv.e4,;(1 configurations as a result of the
1964 earthquake and the rapid rewnstruction, Glenz
Motion Passed Tnanimous 7;////
4 4,1/////
Unfinished Business—None /
New Business Items— Ve/
Resolution 201,''';;;,if th)"lanning and • • ing Commission of the City of
• •
Seward, Alaska, • al Approval of the Planning and
Zo i > •••:?.", ion '` • 'ties fro ii 2014 to April 2015
'/'‘/`/ •tg,
,,,,s„) •
// ' noted tha 1s7 Corn had worked with the City Council to establish the
prio(Me. the priorities to go /-*-'fore Council for approval on April 28, 2014.
/4
• MOtiO 7-%cClure/E0• :r) Approve Resolution 2014-05
Motion Pas / //' Unanimous Consent
Informational Items nd Reports (No action required)
FEMA Region X Newsletter
2014 Planning & Zoning Meeting Schedule
April 15 Kenai Peninsula Borough Assembly Meeting Reminder
21
City of Seward,Alaska Planning Commission Minutes
April 1, 2014 Volume 7, Page 78
April 15 Special Meeting Reminder
Commission Comments
McClure thanked the Commission for electing him as Vice Chair and thanked the members
of the public who attended the meeting.
Ecklund expressed thanks to the public for providing input and thanked staff for the
meeting preparations.
Citizens' Comments - None
Commission and Administration Response to Citizens' •mitents—Mg*
Adjournment ,,,, •tt-„,,,,k,,,
,,/
Meeting adjourned at 7:52 p.m. ‘, ,,,,,, /
,-, //,„/„7
, /
Dwayne Atwood, - /nu
Planning Technician -,,,,,,,:,. . /Ch ' ////
,, air ,
,,,, ; -7.,,,,;,,
-2, '7).* " ,
(City Seal) ,o.
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7,/ ,,,,
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22
\ TA R R News from Region X
i.-----,,ty.,,,,,,,, ,,,,,,,,,,,:,,
Homeowner Flood Refunds for Some Policies
April 2014 The new law mandates refunds of
Volume 4.Issue 4 Insurance Affordability the excess premiums that some Pre-
Act FIRM policyholders were charged
pursuant to the requirements of
Previously called the Grimm-Waters BW12 that were revoked by the new
NFIP reform bill, President Obama law. This is small percentage of the
Inside this Issue signed the Homeowner Flood overall NFIP policy base.
Insurance Affordability Act of 2014
(HFIAA) into law on March 21. The The HFIAA Overview has many
A Insurance Affoidability Act Act repeals and modifies certain Homeowner Flood more details and is available for
I
provisions of the Biggert-Waters download at www.starr-team.com.
Flood Insurance Reform Act of There is also an article in a recent
Building Science Toolkit 2012 (BW12), and makes additional issue of Insurance Journal that
program changes to the NFIP. summarizes the changes to the
FEMA has released a five-page NFIP: www.insurancejoumal.com.
2 NORFMA News,
overview that highlights the key
provisions of the law, which will be Building Science Toolkit
Primary Frontal Dune implemented in the coming months
FEMA recently released a Building
2 Factsheet and years. Here are a few highlights:
Sciences Toolkit CD that contains
New Surcharge on all NFIP Policies general information and technical
2 Washington DOE RFP A new surcharge will be added to all guidance on the design and
policies to offset subsidized policies, construction of hazard-resistant
Review of Changes to the until all Pre-FIRM subsidies are buildings and the retrofit of existing
3 Policy for Flood Risk eliminated: $25 for primary buildings to reduce the risk of
Analysis and Mapping
residences and$250 for all others. damage from flooding and other
natural hazards. The Toolkit
3 Calendar Grandfathering
assembles the most widely used
The new law repeals the part of
FEMA publications, technical
BW12 that eliminated
bulletins, recovery advisories, best
grandfathering of lower risks rates,
and replaces it with phased-in
practices, and evaluations and
'
comparisons of building codes and
premium increases when there is a
new or updated Flood Insurance provides links to additional
publications on hazard resistance
Rate Map.
and design prepared by FEMA and
Gradual Premium Increases for other Federal agencies. These
• Subsidized Policies documents and tools are a great
The new law requires gradual rate resource to help support mitigations
increases to properties now efforts.
receiving artificially low (or
You can order a copy of the CD to
subsidized) rates instead of
be mailed to you from the FEMA
immediate increases to full-risk
Strategic Alliance for Risk Reduction Library at www.fema.gov or
FEMA Region X Service Center rates required in certain cases under
download the full CD from
20700 44', Avenue West.Suite 110 BW12. Generally, the increases will
www.starr-team.com.
Lynnwood,Washington 98036 not exceed 18% per year, but this is
(425)329-3699 in addition to the new surcharge.
RiskMAP
increasing Residence Together
APRIL 2014 www.starr-team.com
23
■r.
NEWS FROM REGION X Page 2
NORFMA News even if you are not attending the Washington DOE RFP
conference.
ASFPM Conference Discount Floodplains by Design 2015-17
Recreational golfers at all skill Budget Proposal
You heard it here first! ASFPM has levels are welcome. Come
agreed to extend the reduced In 2013 the Washington Department
g experience the same course on of Ecology was successful in
registration fee for local officials to which elite PGA players will be
those from all NORFMA states: competing next year at the US securing legislative funding through
the Floodplain by Design effort.
Alaska, Idaho, Oregon, Washington Open. Check out Chambers Bay at
and British Columbia. The ASFPM www.ChambersBaygolf.com. This Ecology was given $33 million to
Conference registration page has links-style, Robert Trent Jones II advance integrated floodplain
already been updated to reflect the design is set into a hillside with projects in Puget Sound and an
change. every hole overlooking the majestic additional $11 million for a
marine waters of the Puget Sound. statewide floodplain management
NORFMA thanks ASFPM's Chad and control competitive grant
Ross and the Executive Committee NORFMA is looking for an early program.
for responding so quickly and "head count' of interested players.
generously to our concern. No payment is needed at this time. The Department of Ecology is now
soliciting preliminary proposals of
Conference Scholarships Available Interested players should contact projects in order to develop a budget
Discounted registration not good Tony Melone,tonyasfpm @smail.com. proposal for the 2015-17 biennium.
enough? NORFMA invites Primary Frontal Dune The two goals of the program are to
applications from local government Factsheet promote the reduction of flood risks
employees and elected officials for and floodplain ecosystem recovery
scholarship funds to attend the FEMA recently released a Fact while maintaining or improving
ASFPM Conference in Seattle. Sheet for Primary Frontal Dunes agricultural production, water
Scholarships are available to (PFD). A PFD is defined by the quality, and open space/recreation,
reimburse 75% of conference NFIP as a continuous or nearly and to improve the coordination of
registration fees (at the discounted continuous mound or ridge of sand public funding for floodplain efforts.
rate), as well as eligible travel and with relatively steep seaward and Submittal deadlines:
lodging costs. Funds available for landward slopes immediately
scholarships are limited and will be landward of and adjacent to the • May 23, 2014: Preliminary
awarded on a first-come, first-served beach. The Factsheet explains what proposals. This summary project
basis with one scholarship awarded a FPD is; how FEMA assesses description and preliminary
per jurisdiction unless the pool of coastal hazards on a PFD; why budget will be used to assist
applicants is smaller than expected. FEMA considers a PFD above the applicants in refining their
NORFMA is administering the
1% annual chance flood level to be proposals. Preliminary proposals
included in a Special Flood Hazard will be used to identify projects
scholarships only for Washington. Areas; and how a community can that will be invited to submit full
Scholarships for Alaska, Idaho, and revise the PFD delineation shown on applications. See form below.
Oregon are being administered by a FIRM.
the NFIP Coordinators. • August 1, 2014: Selected
Please visit NORFMA's ASFPM Visit www.starr-team.com or the preliminary proposals to submit
FEMA Library to view the factsheet. additional project information.
Conference website for details and The full Project Ranking Criteria
contact information.
that will be used in the application
ASFPM Conference Golf Tournament Newsletter Ideas? are shown below.
Let us know what you to want to see in
NORFMA is coordinating with future issues!Do you have a suggestion Visit http://www.ecv.wa.Qov for details.
ASFPM to organize various local for a story,event announcement,or did
tours and activities. One of these you recently read something that others
activities is a golf outing to would want to see?
Chambers Bay on Sunday, June 1. Help us spread the word! Email us at
We have tee times available for RXNewsletter@starr-team.com. } isI. i'/ AP
NORFMA members and friends,
Increasing Resilience Together
APRIL 2014 www.starr-team.com
24
NEWS FROM REGION X
Page 3
Review of Changes to Risk MAP program. This policy
Upcoming Events & the Policy outlines FEMA's requirements to
e for Flood
Training produce better overall consistency
Risk Analysis and and more efficient operation of
Determining Base Flood Elevation Mapping mapping activities. FEMA has
Ap established a maintenance plan for
il 1(■-1,11
M,1■ 7. 19am FEMA maintains guidelines and the Risk MAP Guidelines and
Online 1 t standards to support the Risk MAP Standards and plans to issue updates
CRS Webinar Series: Preparing for a program. These guidelines and on a semi-annual basis. As part of
Verification Visit standards define the specific this first semi-annual update, there
Ai :0
15 1 oan implementation of the statutory and are 2 new proposed standards and 1
June 17. i( ir, regulatory requirements for revision to an existing standard.
National Flood Insurance Program FEMA intends to publish these
CRS Webinar Series: Developing (NFIP) flood risk analysis and standards as a part of the Policy for
Outreach Projects(Activity 330) mapping, and address the Flood Risk Analysis and
loll 15 lOom performance of flood risk projects, Mapping. The included draft
processing of letters of map change standards are being made available
Elevation Certificates and related Risk MAP activities, for public review to provide an
N1 ,0 1 . lOom More information is available at: opportunity for comment prior to
www.fema.gov incorporation into the policy.
In 2011, FEMA undertook a multi- For more information on the guidelines
Floodplain Development Permit
and standards, visit www.fema.gov. To
Aol Review year project to improve the way
guidelines and standards ards are
view the Policy for Flood Risk Analysis
and Mapping document visit
.' published, maintained and used. The
wwwlemagovlmedia-librarv-data To
nr,111, final product of the initial phase of review the proposed changes visit
Inspecting Floodplain Development work was the Policy for Flood Risk www.starr-team com.
In,,1 Analysis and Mapping, published in
Mm August 2013, which comprises the `StAf.'k
P)rltrn SPICe standards for practitioners of the
Elevation Certificates for A Zones
Miiv 2. w,1111
CRS Webinar Series:Introduction to
CRS
M11\
On] tin 1 I 1
CRS Webinar Series:Higher
Regulatory Standards(Activity 430)
M 2 1 IOn
1,, 1
NFIP Basics
■ ,■Iiith CFC
ASFPNI Annual Conference
ItH1 1 ■)
Seat In.
,i,tptncutifPicitc
titli
L,!\f-k -
t or k■I 111
31111 Ill Risk MAP
Increasing Resifience Together
www.starr-team.com
APRIL 2014
25
Memorandum
r of seyq
CITY OF SEWARD
COMMUNITY DEVELOPMENT ,,
uziov
Asif-P
Date: November 7,2013
To: Planning&Zoning Commission
Through: Donna Glenz,Planner
From: Dwayne Atwood,Planning Technician
Subject: 2014-Planning&Zoning Meeting Schedule
This memo is to P rovide a schedule of the Planning&Zoning Commission Meetings for the calendar year 2014. Unless
otherwise noted the P&Z regular meetings will begin at 7:00 p.m. The"Scheduled Special Meetings"shall be held
ONLY if a Public Hearing item is on the agenda and will commence at 7:00 pm,otherwise the gathering will be
held as a work session commencing at 6:00 pm.
Month Regular Meeting Special P&Z Meeting for Public Hearings 7:00 pm
OR scheduled Work Sessions Commence at 6:00 om
January January 7 January 21
February February 4 February 18
March March 4 (Note:March 4 Flood Board Work Session at 6:00)
March 18
April April 1 April 15
May May 6 May 20
June June 3 (Note:June 3 Flood Board Work Session at 6:00)
June 17
July July 1 July 15
August August 5 August 19
September September 2 (Note:September 2 Flood Board Work Session at 6:00)
September 16
October October 7 October 21 (Borough&Local Elections on October 7) •
November November 4 November 18(National Election on November 4)
December December 2 (Note:December 2 Flood Board Work Session at 6:00)
Deem: ier-16
January January 6 January 20
If you have questions or concerns or cannot attend,please call 224-4049 or email datwood(c�cityofseward.net.
26
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27
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