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HomeMy WebLinkAbout1995 Planning & Zoning Minutes133 City of Seward, Alaska Planning Commission Minutes January 4, 1995 Volume 3, Page 183 DONNA GILES, 430 Third Avenue, expressed her concern with allowing tenants to own and operate a bed and breakfast business out of rented homes. She stated that tenants should be allowed to operate a bed and breakfast business only when the business was owned by the owner of the residence. DEBRA HAFEMEISTER, 318 First Avenue, read a prepared statement by Randy McFarland regarding his plans to apply for a Conditional Use Permit to operate an off -site parking and scheduled shuttle service for businesses located in the Harbor Commercial District. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Corrigan/Carpenter) Approve the Agenda and Consent Agenda Motion Passed. Unanimous Bardarson stated that the December 7, 1994, regular meeting minutes were approved as written. BOROUGH PLANNING COMMISSION REPRESENTATIVE REPORT Carpenter reported that the Borough Planning Commission and the Borough Assembly had been working on the Kenai River Overlay District Management Plan. He stated that in December the commission deliberated two new ordinances which would regulate construction activities by public utilities in rights -of -way outside of the major cities as well as an ordinance which would provide access to all public lands through rights -of -way. HISTORIC PRESERVATION COMMISSION REPRESENTATIVE REPORT Skibeness stated that the Historic Preservation Commission did not meet in December. She reported that the Council approved a resolution authorizing application for a grant to complete the Historic Preservation Plan. PRESENTATIONS WITH PRIOR NOTICE SHAMS Design Team Presentation. Maureen Sims, Heery International, provided an update on the SeaLife Center Project. She stated that no progress was made regarding the design of the building and that the Corps of Engineers permit was being delivered January 5th. She noted that the draft report for the Historic Preservation, Section 106 requirements was complete and would be presented at the January 18th Historic Preservation Commission Meeting. City of Seward, Alaska January 4, 1995 SPECIAL ORDERS AND PUBLIC HEARINGS Planning Commission Minutes Volume 3, Page 184 Resolution No. 95-01, recommending the Municipal Lands Management Plan to the City Council for approval Notice of public hearing as posted and published was noted, and the public hearing was opened. No one spoke in order to be heard and the public hearing was closed. MOTION (Castellina/Kowalski) Approve Resolution 95-01. Corrigan and Castellina stated their support of the plan. Martin explained that the Municipal Lands Management Plan was a working document that would act as a guide on which to base decisions. Skibeness requested that the Treks n Voyages site be recommended for recreational type businesses rather than as a possible transient merchant site. In response to a question from Skibeness, Martin stated that the site would be considered for lease development using the RFP process when the Treks n Voyages lease expired in June 1995. He added that the City Council desired a higher and better use of the property. VOTE ON MOTION Motion Passed. Unanimous Resolution No. 95-02, recommending the Seward Marine Industrial Center Development Plan to the City Council for approval Notice of public hearing as posted and published was noted, and the public hearing was opened. No one spoke in order to be heard and the public hearing was closed. MOTION (Carpenter/Castellina) Approve Resolution No. 95-02. Corrigan recommended that land for a fire station at the SMIC be identified in the plan. Bardarson stated that emphasis needed to be placed on marketing the SMIC. VOTE ON MOTION Motion Passed. Unanimous 185 City of Seward, Alaska Planning Commission Minutes January 4, 1995 Volume 3, Page 185 RESOLUTIONS Resolution No. 95-03, recommending revisions to Chapter 15.1% Seward Zoning Code, relating to lodging MOTION (Carpenter/Corrigan) Approve Resolution No. 95-03. Martin provided an overview of the memorandum contained in the agenda packet. He stated that the ordinance as amended and approved at the December meeting needed further clarification prior to being placed on the City Council agenda. Corrigan stated that bed and breakfast businesses should be owner -operated rather than tenant operated. Bardarson suspended the rules to allow for public questions and comments. The commission concurred. DONNA GILES, 430 Third Avenue, expressed her concern with allowing renters to operate bed and breakfast businesses. VERA JOHNSON, 2000 Phoenix Road, owner of BayVista Bed and Breakfast, requested that the commission amend the code in a way that would allow her to hire someone to operate her business. DONNA GILES, 430 Third Avenue, agreed that an owner should be allowed to hire someone to operate their bed and breakfast business. Carpenter stated that the citizen's requests detracted from the original intent of a bed and breakfast business as a home occupation. He agreed that a bed and breakfast operator should be allowed to hire someone to operate their business for a short period of time. Corrigan voiced his support for the substitute ordinance which allowed only the owner of a residence to operate a bed and breakfast businesses. Skibeness stated that it was the owner's business to decide what they wanted to allow within their own home. Kowalski spoke in support of tenant operated bed and breakfast businesses. Bardarson noted that, because of the high demand for lodging in the summer, the original concept of a bed and breakfast had been lost. m City of Seward, Alaska Planning Commission Minutes January 4, 1995 Volume 3, Page 186 Castellina agreed with Bardarson and noted that many of the apartment complexes were being used as bed and breakfast businesses in the summer which created a lack of housing for seasonal workers. Martin stated that bed and breakfast businesses in residential neighborhoods were home occupations and should not detract from the essence of the residential neighborhoods by creating additional traffic and noise. In response to a question from Kowalski, Martin stated that the fire department could only inspect the common areas of an apartment building, not individual apartments. He explained that the proposed ordinance required life -safety inspections within apartment units that were rented out on a daily/nightly basis. Bardarson suspended the rules to allow for public questions and comments. The commission concurred. DONNA GILES, 430 Third Avenue, stated that as long as the owner of a residence possessed the business license they were required to have liability insurance. MARILEE KOSZEWSKI, 437 Third Avenue, owner and operator of Ballaine House Lodging, stated that by allowing bed and breakfast businesses to be operated by renters who have no roots in the community they may not respect the residence and/or provide the same quality of service as a home owner. MOTION (Corrigan/Kowalski) Skibeness objected to the amendment. Amend Resolution 95-03, to include the substitute ordinance. Motion Failed. YES: Bardarson, Corrigan NO: Carpenter, Castellina, Kowalski, Skibeness RECESS: The meeting recessed at 9:05 p.m. and reconvened at 9:12 p.m. MOTION(Skibeness/Castellina) Amend Resolution 95-03 Section 3, to read: "It is recommended that the bed and breakfast permit application include autho- rization from the property owner to allow a tenant to operate a bed and break- fast/lodging business at his principal place of residence. " and renumber the respective sections. 187 City of Seward, Alaska Planning Commission Minutes Volume 3, Page 187 January 4, 1995 Motion Passed. YES: Carpenter, Castellina, Kowalski, Skibeness NO: Bardarson, Corrigan VOTE ON RESOLUTION NO, 95-03 AS AMENDED Motion Passed. YES: Bardarson, Carpenter, Castellina, Kowalski, Skibeness NO: Corrigan Resolution No. 95-04, recommending comments on the Kenai Area Plan MOTION (Castellina/Corrigan) Approve Resolution No. 95-04. Martin provided an overview of the memorandum and comments on the Draft Kenai Area Plan contained in the agenda packet. Castellina objected to Exit Glacier Road being used for gravel extraction. VOTE ON MOTION Motion Passed. Unanimous UNFINISHED BUSINESS Transient Merchants James provided an overview of the memorandum contained in the packet. She requested a consensus from the Commission on whether or not it wanted to continue to require conditional use permits for transient merchants or establish special rules and require an administrative permit. Corrigan expressed his support for continuing with the conditional use permit requirement for transient merchants. He suggested including the requirement that, if a conditionally permitted use ceased to exist for more than a year and a day the permit expired. He stated that the requirement would eliminate the review and renewal process for conditional use permits. Castellina, Skibeness and Bardarson supported an administrative permit rather than a conditional use permit for transient merchants. Carpenter recommended that the permit fee match that required for permanent businesses. • • .• City of Seward, Alaska Planning Commission Minutes January 4, 1995 Volume 3, Page 188 It was the consensus of the commission that the transient merchant definition outlined in the agenda statement was adequate and that an administrative permit, rather than a conditional use permit, should be required for transient merchants. NEW BUSINESS Parking Code - Clarification of SCC 15.10,215 E. Martin provided an overview of the memorandum which was included in the agenda packet. He stated that his interpretation of the parking code required that every business providing off -site parking must receive a conditional use permit, and in accordance with the code, any off -site parking lot must be in the same ownership as the principal use being served. He requested clarification and comments from the commission regarding its interpretation of the parking code as it related to Randy McFarland's proposed application for a conditional use permit to operate an off -site parking lot and shuttle service for harbor businesses. Carpenter stated that off -site parking lots should not be required to be in the same ownership as that of the principal use being served if all the required conditions were met. Corrigan requested that the staff and the commission examine revisions to the code in order to provide for a shuttle service parking lot. He stated that McFarland's proposal should be given a chance to work because any relief of traffic congestion in the Harbor area would be beneficial to the community. Skibeness agreed with Corrigan and requested that further research be done. She stated that the commission needed to know whether or not harbor businesses were supportive of the plan. It was the consensus of the commission that Martin's interpretation of the parking code was correct. They requested that further research be conducted to examine a possible code change which would allow an off -site parking lot for numerous businesses, located in the Harbor Commercial District, to meet their parking requirements without requiring that every business receive a conditional use permit or that the off -site parking lot be in the same ownership as the principal use being served. ADMINISTRATION REPORTS Martin informed the commission that all action on the petition to annex ±5,375 acres within the Seward Meridian valley had been suspended due to the City Council's action against the annexation. He informed the commission that the next Partnership Meeting would be held on January 26th. He stated that Bardarson, Skibeness and Kowalski's commission terms expired in February and that Kowalski had informed the staff and commission that she would not re -apply. He thanked her for her service to the Planning and Zoning Commission and the community. Martin distributed and discussed a hand-out which identified the benefits of the new lease agreement with James T. Pruitt, dba Seward Ship's Drydock. City of Seward, Alaska Planning Commission Minutes January 4, 1995 Volume 3, Page 189 COMMISSION DISCUSSION SKIBENESS stated that attendance at the Partnership Meeting provided the commissioners with information on the public perspective. She requested an 11:00 p.m. sunset clause for the commission meetings. She also requested that the administration address limiting the length of time a business could operate from a temporary structure. CASTELLINA expressed her support and appreciation for the historic preservation efforts taking place in Seward. KOWALSKI agreed with Castellina and stated that she was in the process of revising the Historic Walking Tour. CARPENTER stated that the Kenai Peninsula Borough, Flood Plain Act would affect the Exit Glacier Road project. BARDARSON stated that in the future if SAAMS did not have much to include in its presentation a written report would suffice. CITIZENS' DISCUSSION None COMMISSION & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Martin requested a consensus of the commission regarding the sunset clause request. The consensus of the commission was to not establish a sunset clause. ADJOURNMENT The meeting was adjourned at 10:17 p.m. Patricia J. Jones, CMC Deputy City Clerk ., Blaine Bardarson Chairman City of Seward, Alaska Planning Commission Minutes February 1, 1995 Volume 3, Page 190 CALL TO ORDER The February 1, 1995, regular meeting of the Seward Planning and Zoning Commission was called to order at 7:30 p.m. by Vice Chairman Wayne Carpenter. OPENING CEREMONY Skibeness led the pledge of allegiance to the flag. ROLL CALL There were present: Wayne Carpenter, presiding, and Walter E. Corrigan Jr. Elaine Nelson Shannon Skibeness comprising a quorum of the Commission; and Kerry Martin, Community Development Director Rachel James, Planning Assistant ABSENT were: Blaine Bardarson (excused) Anne Castellina (unexcused) CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING None APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Corrigan/Nelson) Approve the Agenda and Consent Agenda Carpenter added Item D, Bed and Breakfast Issues, under Unfinished Business. VOTE ON AGENDA AS AMENDED Motion Passed. Without objection The Planning Assistant read the titles of the following consent agenda items approved by the Commission: 191 City of Seward, Alaska Planning Commission Minutes February 1, 1995 Volume 3, Page 191 The January 4, 1995, regular meeting minutes were approved as written. BOROUGH PLANNING COMMISSION REPRESENTATIVE REPORT Carpenter reported on the January 9th and 23rd, 1995, Borough Planning Commission meetings. He stated that the meetings focused on establishing an area of regulation for the Kenai River Overlay District and allowing the borough to enforce the proposed regulations. HISTORIC PRESERVATION COMMISSION REPRESENTATIVE REPORT Skibeness reported on the January 18th, 1995, Historic Preservation Commission meeting. She noted that Maureen Sims, for the Alaska SeaLife Center project, had distributed a Historic Architecture Survey of the Waterfront for the Proposed Institute of Marine Science Facility. She stated that a resolution was passed in support of the Seward Senior Citizen's Inc., efforts to relocate the Senior Center and provide senior housing at the Jesse Lee Home. PRESENTATIONS WITH PRIOR NOTICE Alaska SeaLife Center Project Update Maureen Sims, Heery International, stated that, due to administrative delays, the marine works bid was behind schedule. She noted that project staff was working with the city building inspector on the building permit. In response to a question from Nelson, Sims stated that design plans would be 50% complete in early March and would be presented to the commission and public for review at that time. Sims stated that a presentation would be made at the February 15th, Historic Preservation Commission meeting to address how the SeaLife Center's landscaping would interface with Hoben's Park. SPECIAL ORDERS AND PUBLIC HEARINGS None RESOLUTIONS None UNFINISHED BUSINESS Municipal Lands Plan. Martin stated that, due to additional recommendations on the Municipal Lands Management Plan, there would be a resolution on the March agenda forwarding the updated plan to the City Council for adoption. 92 City of Seward, Alaska Planning Commission Minutes February 1, 1995 Volume 3, Page 192 Off -Site Parking Lots for Parking Assessment Districts, Martin provided an overview of the memorandum contained in the agenda packet... In response to a question from Corrigan, Martin stated that the verification of off -site parking had to be provided annually because assessments were required annually. Nelson stated that the directional signage and location of an off -site parking facility had to be appropriate to ensure proper utilization. She recommended that the intent of the proposed ordinance be documented. Skibeness stated that the incentive for businesses to utilize off -site parking would be to avoid the paying assessment fees. She stated that the commission needed to know whether or not businesses affected by assessments were supportive of the proposed amendments. Corrigan supported the proposed changes to the parking code. Corrigan, Nelson and Skibeness agreed that off -site parking facilities serving businesses affected by parking assessments should be located within the city limits. Carpenter supported not limiting the location of off -site parking facilities to inside the city limits. Transient Merchants, Martin provided an overview of the memorandum and draft ordinance contained in the agenda packet. The commission proceeded with a lengthy discussion on the draft ordinance. Corrigan objected to allowing transient merchants on public property and outdoor seating at transient merchant sites. Skibeness stated that if transient merchants were regulated appropriately they could provide a festive atmosphere. Nelson agreed. Nelson noted that the impound yard south of the City shop was in the process of being vacated and might be available as a public designated transient merchant area. She recommended that nonprofit organizations be required to meet all the provisions of the proposed ordinance but be exempt from the permit fee. Corrigan supported stringent aesthetic regulations for transient merchants. Skibeness supported the parcel legally described as Lot 2, Block 7, Oceanview Subdivision as the most appropriate site for a public designated transient merchant area. 193 City of Seward, Alaska Planning Commission Minutes Volume 3, Page 193 February 1, 1995 Corrigan asserted that there was a higher and better use for all of the identified sites. He noted that if he had to choose one, the Oceanview Subdivision site would be the best location for a transient merchant area. Nelson supported designated sites. Carpenter recommended Boulder Stadium as the most appropriate site for a public transient merchant area. Nelson noted that, in the summer, Boulder Stadium was used for overflow parking and adult softball. Martin recommended the Oceanview Subdivision site for a public transient merchant area because of its undevelopable character. In response to a question from Martin, Corrigan and Skibeness expressed their support of required parking for transient merchants. Carpenter suspended the rules to allow for public questions and comments. The commission concurred. CAROL CHAUDIERE CLARK, 1129 Park Place, supported informational signage to off -site parking facilities. DONNA MAREK, 1810 Phoenix Road, supported the administrative permit process for transient merchants. She stated that parking and aesthetic regulations for transient merchants should apply to private and public property. She stated that she paid the assessment fee last year, and that parking in the harbor was a problem. Bed and Breakfast Issues Martin updated the commission on the bed & breakfast/lodging topic. He stated that the proposed ordinance would be brought back before the commission at the March meeting. He requested feedback from the commission on the intent of the ordinance. Corrigan stated that the intent of the permission statement was to protect the property owner. He objected to multi -family dwellings being utilized as nightly rental units. Nelson stated that the city should not get involved in agreements between property owners and renters. She recommended that the permit application include a statement that all the requirements from the owner, bank, mortgage company, etc. have been met. Nelson recommended discouraging the use of multi -family units as rentals. Corrigan stated that the commission needed to protect the common good rather than private enterprise. City of Seward, Alaska Planning Commission Minutes February 1, 1995 Volume 3, Page 194 Corrigan recommended a revision to the proposed ordinance stating that apartments and multi -family units must be rented out for not less than 30 days. RECESS: The meeting was recessed at 9:30 pm and reconvened at 9:40 pm. NEW BUSINESS Temporary Structures. Martin provided an overview of temporary structures. The commission discussed the excerpt from the Anchorage Municipal Code on temporary structures. Corrigan supported continued flexibility of the commission to control temporary structures. He supported allowing temporary structures for 180 days with one extension rather than 120 days. Skibeness requested a Planning and Zoning resolution recommending amendments to the zoning code regarding temporary structures. Public Access to the Waterfront in the Fourth of July Creek Area, Martin provided an overview of the memorandum contained in the agenda packet. He identified the public access easements in the Fourth of July Creek area and noted that, although future development may interfere with the campground, the public access easement would remain. Nelson recommended that a buffer along the creek be identified to protect the public access easement. Martin requested that the commission provide staff with further information if they wanted action. ADMINISTRATION REPORTS Martin noted the department correspondence and requested names of commissioners planning to attend the commission training in Anchorage on February 11, 1995. He noted that the Municipal Land Appraisal Request for Proposals was completed and advertised. Carpenter volunteered for the proposal evaluation committee. COMMISSION DISCUSSION SKIBENESS noted that because of budget cuts the Forest Service would request bids for campground maintenance. She stated that the commission was not against fast-food restaurants but was concerned with the appearance of chain businesses. She informed the commission and public of the Town Meeting on the FY 96 budget scheduled for February 8th at 7:30 p.m. 195 City of Seward, Alaska Planning Commission Minutes February 1, 1995 Volume 3, Page 195 NELSON informed the commission that the chamber was applying for the All -American City award. She noted that the Chamber would be sponsoring a Community Tourism Assessment meeting on February 15th at 7:00 p.m. at the Chamber and an Economic Development Meeting on February 22nd at Noon in the City Council Chambers. CITIZENS' DISCUSSION CAROL CHAUDIERE CLARK, 1129 Park Place, encouraged the commission to utilize the city's position as owner of the SeaLife Center by controlling the design development and use and requiring the extension of the bike path across the property. She recommended that the commission inform SAAMS of the information they need to present at their monthly presenta- tions. She advised the commission to carefully examine setting time limits on temporary structures before design guidelines were established. COMMISSION & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS NELSON noted that Subway had expressed an interest in Seward. CARPENTER stated that Burger King would be operating out of a temporary structure in Seward this summer. ADJOURNMENT The meeting was adjourned at 10:25 p.m. R chel E. James anning Assistant (i L64W (U 42-e �zi'_ Wayne reenter Vice Chairman City of Seward, Alaska Planning Commission Minutes March 1, 1995 Volume 3, Page 196 CALL TO ORDER The March 1, 1995, regular meeting of the Seward Planning and Zoning Commission was called to order at 7:30 p.m. by Chairman Blaine Bardarson. OPENING CEREMONY Clark led the pledge of allegiance to the flag. ROLL CALL There were present: Blaine Bardarson, presiding, and Wayne Carpenter Anne Castellina Stu Clark Ron Niebrugge comprising a quorum of the Commission; and Michael Yanez, Assistant City Manager Kerry Martin, Community Development Director Patricia Jones, Deputy City Clerk Rachel James, Planning Assistant ABSENT were: Walter Corrigan Jr. (excused) Elaine Nelson (excused) APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Clark/Carpenter) Approve the Agenda and Consent Agenda Clark requested the addition of Item A, Traffic and Transportation Planning Discussion, under New Business. Bardarson deleted Item 8 A from the agenda and replaced Item 10 A with Resolution No. 95-05 Substitute. Motion Passed. Unanimous The Planning Assistant read the titles of the following consent agenda items approved by the Commission: The February 1, 1995, regular meeting minutes were approved as written. 197 City of Seward, Alaska Mnrrh 1. 1995 SPECIAL ITEMS Election of Chairman Planning Commission Minutes Volume 3, Page 197 Bardarson opened the floor for nominations for Chairman. Castellina nominated Blaine Bardarson for Chairman. MOTION (Carpenter/Niebrugge) Close nominations and cast a unanimous ballot for Blaine Bardarson as Chairman. Motion Passed. Unanimous consent Election of Vice Chairman Bardarson opened the floor for nominations for Vice Chairman. Clark nominated Anne Castel ina for Vice Chairman. MOTION (Bardarson/Niebrugge) Close nominations and cast a unanimous ballot for Anne Castellina as Vice Chairman. Motion Passed. Unanimous consent PRESENTATIONS WITH PRIOR NOTICE Alaska SeaLife Center Presentation Maureen Sims, Heery International, provided an overview of the Alaska SeaLife Center project. She stated that the design development for the project was 50% complete. She noted that the projects ground breaking ceremony was tentatively scheduled for May 20, 1995. Tom Livingston, Livingston -Slone presented on the design status of the ASLC through the use of visual aids. In response to a question from Niebrugge, Sims stated that the design plans for the project had developed as originally anticipated. SPECIAL ORDERS AND PUBLIC HEARINGS Resolution No. 95-05, approving a Conditional Use Permit to Donna Marek/Terry Lee dba Alaskan Nibbles & Chips for operation of a self- contained fast food wagon on tax parcel 147-33-08 within Block 6, Oceanview Subdivision, as authorized by § 15.10.320 of the Seward Zoning Code. Notice of public hearing as posted and published as required by law was noted and the Ne City of Seward, Alaska Planning Commission Minutes March 1, 1995 Volume 3, Page 198 public hearing was opened. No one spoke in order to be heard and the public hearing was closed. MOTION (Clark/Carpenter) Approve Resolution 95-05 Substitute Motion Passed. Unanimous RESOLUTIONS Resolution No. 95-06, approving a six month extension through September 1, 1995, of the Conditional Use Permit issued to the Seward Association for the Advancement of Marine Science MOTION (Clark/Casteilina) Approve Resolution No. 95-06 Martin advised the commission of the Conditional Use Permit extension procedure. He stated that the circumstances surrounding the Alaska SeaLife Center project had not changed sufficiently to warrant a reconsideration of the Conditional Use Permit. Clark stated that original presentations which identified the center as a combined research and public education facility had changed. Niebrugge stated that the phased development of the center did not demonstrate a significant change in the project plans. Carpenter, Castellina and Bardarson agreed. VOTE ON RESOLUTION NO. 95-06 Motion Passed. Unanimous RECESS: The meeting recessed at 8:25 p.m. and reconvened at 8:30 p.m. UNFINISHED BUSINESS Lodging/Bed and Breakfast Discussion Martin discussed the purpose of addressing the lodging issue. He stated that a resolution recommending a proposed ordinance to the City Council would be brought before the commission at its next meeting. Niebrugge objected to prohibiting individuals from converting their houses or apartments into nightly rentals during the summer months. Carpenter agreed. Clark recommended that the issue of converting monthly rental units into nightly rentals be addressed in the zoning code to preserve the character of residential districts. 199 City of Seward, Alaska n� anti 1 1005 Planning Commission Minutes Volume 3, Page 199 Carpenter stated that his interpretation of the term "principal place of residence" included the entire lot or parcel on which an individual resided in addition to the dwelling. Niebrugge expressed his support of individuals utilizing garages or other structures for lodging purposes within commercial districts. He stated he was less supportive of such uses within residential districts. Municipal Lands Management Plan Martin stated that the Municipal Lands Management Plan was still being revised. He noted that he planned to request that the City Council schedule a work session at its March 13, 1995, meeting. NEW BUSINESS Traffic and Transportation Planning for Discussion Clark requested that the commission address traffic and transportation planning with regard to the Alaska SeaLife Center project. He recommended developing a tour bus loop for dropping off and picking up visitors to the ASLC. Castellina supported Clark's comments and recommended that a traffic and transportation study be completed to address the issues of the Alaska SeaLife Center to prevent downtown from ending up with the same transportation problems as the Small Boat Harbor. Bardarson agreed. Martin stated that funds were not budgeted for FY95 to complete a professional transportation plan. Yanez stated that the City Council had the authority to appropriate funds for a traffic and transportation study in FY96 if they identified it as a budget priority. ADMINISTRATION REPORTS Martin stated that a representative from the Alaska Housing Authority would be providing a presentation on March 13, 1995, in the City Council Chambers. He noted that a City Council work session on the SAAMS operating agreement was scheduled for March 2, 1995. He informed the commission that a petition to vacate the access road and dock as public rights -of - way within the Waterfront Tracts was sent to the Kenai Peninsula Borough on February 28, 1995. COMNIISSION DISCUSSION Clark read a letter addressed to Governor Tony Knowles from Carol Chaudiere, regarding the extension of the bike/pedestrian pathway across the Alaska SeaLife Center site. W City of Seward, Alaska March 1, 1995 CITIZENS' DISCUSSION Planning Commission Minutes Volume 3, Page 200 TOM SMITH, 515 Second Avenue, Institute of Marine Science Director, objected to any plans of utilizing IMS property to extend the bike/pedestrian path toward Lowell Point Road. MAUREEN SIMS, Alaska SeaLife Center project, stated that the Environmental Impact Statement addressed the traffic and transportation issue. She further noted that a traffic management plan would be completed prior to operation of the facility. DONNA MAREK, 1810 Phoenix Road, thanked the commission for approving her application for a conditional use permit to operate a self-contained fast food wagon. ADJOURNMENT The meeting was adjourned at 9:25 p.m. Patricia J. Jones, CMC Deputy City Clerk l�- Blaine Bardarson Chairman 01JV1jjFA `Alaska Planning Commission Minutes April 5, 1995 Volume 3, Page 200 CALL TO ORDER The April 5, 1995, regular meeting of the Seward Planning and Zoning Commission was called to order at 7:30 p.m. by Chairman Blaine Bardarson. OPENING CEREMONY Castellina led the pledge of allegiance to the flag. 201 City of Seward, Alaska Planning Commission Minutes April 5, 1995 Volume 3, Page 201 ROLL CALL There were present: Blaine Bardarson, presiding, and Wayne Carpenter Anne Castellina Stirrat Clark Elaine Kincheloe Ron Niebrugge Bardarson noted that Elaine Nelson was now Elaine Kincheloe. comprising a quorum of the Commission; and Kerry Martin, Community Development Director Patricia Jones, Deputy City Clerk Rachel James, Planning Assistant ABSENT was: Walter Corrigan Jr. (excused) CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR . PUBLIC HEARING None APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Carpenter/Clark) Approve the Agenda and Consent Agenda. Motion Passed. Without objection Bardarson stated that the March 1, 1995, regular meeting minutes were approved as written. BOROUGH PLANNING COMMISSION REPRESENTATIVE REPORT Carpenter reported on the Kenai Peninsula Borough Planning Commission meetings held on March 13th and 27th. He stated that the commission held a public hearing and approved the City of Seward petition to vacate the public access road and dock from the Waterfront Tracts preliminary plat. He noted that as part of the enhanced Emergency 911 system the commission had begun to review the street names throughout the borough. �2 City of Seward, Alaska Planning Commission Minutes April 5, 1995 Volume 3, Page 202 PRESENTATIONS WITH PRIOR NOTICE Alaska SeaLife Center Presentation Presentations were made by the Alaska SeaLife Center project team: Maureen Sims, Heery International; Debora Hankinson, Livingston Slone and Jeff Dillon, Land Design North. Sims stated that agreements with the City would be finalized on April 27, 1995. She stated that a re- application for a building height variance would be on the commission's May meeting agenda. She added that project staff was coordinating with the City on traffic and transportation planning and informational signing. She noted that the overhead power lines would be relocated underground along Railway Avenue in front of the entire project site. Hankinson updated the commission on the project design plans. She stated that the project design would be 60% complete by mid -May. Dillon updated the commission on the landscaping plans for the ASLC. RECESS: The meeting recessed at 8:30 p.m. and reconvened at 8:40 p.m. The Commission scheduled a work session with the Alaska SeaLife Center Design Team for April 17, 1995, at 7:00 p.m. PUBLIC HEARINGS Resolution No. 95-07, approving a Conditional Use Permit to Gilbert Knighten dba Gil's Goodies for operation of a self-contained fast food van at 1001 Fourth Avenue on Lot 8, Block 3, Oceanview Subdivision Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. MOTION (Castellina/Carpenter) Motion Passed. Approve Resolution No. 95-07. Unanimous Resolution No. 95-08, rescinding Resolution No. 94-03, and recommending that the City Council amend SCC Chapter 15.10, related to lodging Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. 203 City of Seward, Alaska Planning Commission Minutes Volume 3, Page 203 April 5, 1995 Martin reviewed the changes included in the proposed lodging ordinance as a result of attorney review. He noted that the language had been simplified. MOTION (Clark/Castellina) MOTION (Clark/Kincheloe) Motion Passed. VOTE ON MAIN MOTION Motion Passed. Approve Resolution No. 95-08. Amend Section 1, Table 15 10 225 Land Uses Allowed, by replacing, "lodging (house)" with, "house rental on a nightly basis. " Unanimous Unanimous Resolution No. 95-099 recommending the updated City of Seward, Municipal Lands Management Plan to the City Council for approval Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. MOTION (Castellina/Clark) Approve Resolution No. 95-09. Clark objected to the City acquiring the remainder of the city shop block because it would jeopardize the historical Quonset huts located at the south end of the block. MOTION (Clark/Castellina) Amend page 6 of the Municipal Lands Management Plan by deleting the sentence, "Acquire the remainder of this block to consolidate the block for either shop expan- sion if it remains, or to better market the site as a whole block. " Castellina supported the amendment. She stated that the World War II Quonset huts should remain at the original location. Niebrugge stated that the existence of the Quonset huts could be detrimental to the development of the entire block. Kincheloe agreed. R City of Seward, Alaska Planning Commission Minutes April 5, 1995 Volume 3, Page 204 VOTE ON MOTION Motion Failed. MOTION (Clark/Niebrugge) Motion Failed. MOTION (Bardarson/Clark) YES: Castellina, Clark NO: Bardarson, Carpenter, Kincheloe, Niebrugge Amend page 9 of the Municipal Lands Management Plan by deleting the sentence, "Improve campground with amenities and hookups. " YES: Bardarson, Clark, Niebrugge NO: Carpenter, Castellina, Kincheloe Amend page 15 of the Municipal Lands Management Plan by replacing, "Retain land ownership and continue lease" with "sell land. " Niebrugge noted a possible conflict of interest as an employee at Shoreside Petroleum Inc. which leased land from the City. Bardarson ruled that no conflict existed. Bardarson stated that, in certain instances, selling City owned property, rather than continuing to lease, would provide a greater financial return to the City through increased property tax revenues. VOTE ON BARDARSON AMENDMENT Motion Failed. YES: Bardarson, Clark NO: Carpenter, Castellina, Kincheloe, Niebrugge Bardarson stated that the boardwalk along the lagoon had been dedicated as the Dale Clemens Memorial Boardwalk in memory of the late Dale Clemens, prominent Seward businessman. A clerical correction was made to the plan. MOTION (Bardarson/Kincheloe) Amend page 29 of the Municipal Lands Management Plan by adding item h. under General Policy Recommendations to read, "to sell surplus lands and selected leased lands. " 205 City of Seward, Alaska Planning Commission Minutes April 5, 1995 Volume 3, Page 205 Bardarson reiterated that in certain instances selling surplus real property provided a higher return to the City. Martin objected to using the word "sell" in the amendment. MOTION (Bardarson/Kincheloe) Motion Passed. VOTE ON BARDARSON AMENDMENT Motion Failed. MOTION (Castellina/Niebrugge) Motion Passed. VOTE ON APPROVAL OF RESOLUTION Motion Passed. RESOLUTIONS Move the Previous Question. Unanimous YES: Bardarson, Clark NO: Carpenter, Castellina, Kincheloe, Niebrugge Move the Previous Question on the Main Motion YES: Carpenter, Castellina, Clark, Kincheloe, Niebrugge NO: Bardarson Unanimous Resolution No 95-10, granting a third six month extension through October 59 1995, of the Conditional Use Permit issued to Brad Snowden for develop- ment and operation of a hotel on Alaska Railroad right-of-way within the Small Boat Harbor MOTION (Clark/Carpenter) Approve Resolution No. 95-10. Kincheloe, Carpenter and Castellina expressed their support of the resolution. Bardarson stated that circumstances had changed significantly since the original Conditional Use Permit (CUP) was granted in September 1993. He stated that the following significant changes warranted a reconsideration of the CUP: the number of cruise ships docking 06 City of Seward, Alaska Planning Commission Minutes April 5, 1995 Volume 3, Page 206 in the harbor had doubled, the Individual Fishing Quotas for commercial fishing allowed for a steady flow of incoming fish throughout the summer season, currently the Nash Road Small Boat Harbor was not an active project, development of the Alaska SeaLife Center, the expansion of the Army Recreation Camp, the Exit Glacier Road project, the addition of several new day cruisers and the possible closure of the Kenai River, which would result in expanded tourism in Seward. He further stated that all of these changes contributed to traffic and pedestrian congestion in the Small Boat Harbor and a hotel would further congest the area. Castellina agreed that many changes had occurred. She added, however, that the conditions contained in the permit would actually assist in alleviating congestion in the Small Boat Harbor. Kincheloe stated that the changes addressed by Bardarson were not significant because those issues were examined when the original Conditional Use Permit was granted. She further noted that additional lodging was critically needed in the community. Niebrugge stated that the documented changes could be used to support the construction of a new hotel. Bardarson agreed that a new hotel was needed, but not in the Small Boat Harbor. MOTION (Carpenter/Bardarson) Motion Passed. VOTE ON RESOLUTION Motion Passed. UNFINISHED BUSINESS Move the Previous Question. YES: Carpenter, Castellina, Clark, Kincheloe, Niebrugge NO: Bardarson YES: Carpenter, Castellina, Clark, Kincheloe, Niebrugge NO: Bardarson Seward Volunteer Ambulance Corp,, Conditional Use Permit Review Martin stated that SVAC had requested that the Planning and Zoning Commission dismiss the condition which required that an artist drawing be submitted for review and approval prior to construction. 207 City of Seward, Alaska Planning Commission Minutes April 5, 1995 Volume 3, Page 207 Bardarson stated that, prior to granting the CUP to SVAC last May, the land uses allowed table was amended to allow emergency services in the Rl zone. He objected to dismissing the condition that SVAC provide an artist's conceptual drawing to the commission for review prior to construction of the facility. Kincheloe and Carpenter agreed. MOTION (Clark/Kincheloe) Motion Passed. City Transporta ion Plan Discussion Recommend that a letter be sent to Seward Volunteer Ambulance Corp thanking them for their letter and informing them that they must adhere to the requirements of the Conditional Use Permit including providing an artist's drawing of the site, specifically an isometric view of the build- ing from 2nd and D Streets and its oppo- site corner. Unanimous Martin reviewed the City Transportation Plan outline and requested input from the commission. Bardarson recommended that the Seward Highway and SeaLion Avenue intersection be included as one of the city's most dangerous intersections. Castellina stated that Elm Street in the Forest Acres Subdivision needed to be paved. Kincheloe objected to the plan recommending a new road which would connect Chamberlain and Phoenix Road because of the existing wildlife habitat in the area. Carpenter stated that Church Street, which was a one-way emergency access route, should be one of the first streets plowed. He noted that vehicles were often illegally parked along the street. ADMINISTRATION REPORTS Martin congratulated Elaine Kincheloe on her recent marriage. He stated that the commission would need to begin reviewing the street names in the Seward area for the Enhanced Emergency 911 system. He noted that the Army Corp of Engineers had submitted the building plans for the Army Recreation Camp project, however, they had refused to pay the permit fees. PJOV City of Seward, Alaska Planning Commission Minutes April 5, 1995 Volume 3, Page 208 Martin requested clarification from the commission on nonconforming uses. Kincheloe requested that background information on nonconformities and "grandfather rights" be provided at the May meeting so that the commission could make an informed recommendation. COMMISSION DISCUSSION KINCHELOE stated that the Tustumena was now docking at the Railroad Dock. She complimented Martin on the Municipal Lands Management Plan. CARPENTER stated that the Seward area would probably be the last to be reviewed by the Borough for the Enhanced Emergency 911 system. BARDARSON stated that the new light in the Small Boat Harbor was extremely bright. He stated that the approval of Resolution No. 95-10 was the worst decision he had seen the commission make in five years. ADJOURNMENT The meeting was adjourned at 10:30 p.m. Patricia J. Jones, CMC Deputy City Clerk (City Seal) e�aaaau��iep ,``°.t OFe'q ate+i o^A44, o t 1 a z z / Blaine Bardarson Chairman 200 City of Seward, Alaska Planning Commission Minutes May 3, 1995 Volume 3, Page 209 CALL TO ORDER The May 3, 1995, regular meeting of the Seward Planning and Zoning Commission was called to order at 7:30 p.m. by Chairman Blaine Bardarson. OPENING CEREMONY Castellina led the pledge of allegiance to the flag. ROLL CALL There were present: Blaine Bardarson, presiding, and Wayne Carpenter Anne Castellina Stu Clark Walter E. Corrigan Jr. Elaine Kincheloe Ron Niebrugge comprising a quorum of the Commission; and Kerry Martin, Community Development Director Patricia Jones, Deputy City Clerk Rachel James, Planning Assistant CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING RICHARD LEWIS, Tesoro RV Park, owner of Red's Food Wagon, requested that the commission grant him authorization to begin operating his transient merchant business. Bardarson stated that a special meeting was scheduled for May 10, 1995, to take action on the applicant's conditional use permit request. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Clark/Corrigan) Approve the Agenda and Consent Agenda Bardarson moved the April 5, 1995, regular meeting minutes to the regular agenda. VOTE ON MOTION Motion Passed. Unanimous 110 City of Seward, Alaska Planning Commission Minutes May 3, 1995 Volume 3, Page 210 The Planning Assistant read the titles of the following consent agenda items approved by the Commission: A letter to the Alaska Railroad regarding the Seward railroad terminal reserve and dock zoning was noted for information; A letter to transient merchant operators regarding the conditional use permit requirement was noted for information; and Public notice of application for a Corps of Engineers permit at Humpy Cove was noted for information. BOROUGH PLANNING COMMISSION REPRESENTATIVE REPORT Carpenter gave a verbal report of the April Kenai Peninsula Borough Planning Commission meetings. He stated that the Borough Commission would continue to review street names throughout the borough for the enhanced 911 service. In response to a question from Kincheloe, Carpenter stated that because the enhanced 911 emergency service was used regionally by city, there was no problem with duplicate street names used by each city. He added that the commission discussed and conducted public hearings on the Kenai River overlay district which was being evaluated as part of the Kenai River Management Plan. HISTORIC PRESERVATION COMMISSION REPRESENTATIVE REPORT Corrigan reported that the Historic Preservation Commission had received a matching grant to complete phase II of the Seward Historic Preservation Plan. He stated that at its last meeting the commission approved a resolution recommending that the City Council officially name the historic park located at 401 Railway Avenue, Hoben Park, in honor of the individual responsible for the existence of the park.. APPROVAL OF MINUTES April 5, 1995, Regular Meeting Minutes. Bardarson stated that the last paragraph on page 107 of the minutes did not identify the possible closure of the Kenai River which he had listed as one of the significant changes which warranted a reconsideration of the Conditional Use Permit issued to Brad Snowden for the construction and operation of a hotel in the Small Boat Harbor. He further requested that the record reflect comments he had made under Commission Discussion related to Resolution No. 95-10. 211 City of Seward, Alaska Planning Commission Minutes May 3, 1995 Volume 3, Page 211 Kincheloe stated that commission discussion which addressed the issues brought up by Bardarson were not included in the minutes. She noted that all of the issues brought up had been known and considered at the time that the original Conditional Use Permit was granted. Jones suggested postponement of approval of the April minutes so the concerns addressed by the Commission could be included by James. MOTION (Clark/Carpenter) Motion Passed. SPECIAL ORDERS AND PUBLIC HEARINGS Postpone approval of the April 5, 1995, regular meeting minutes to June 7, 1995. Unanimous Resolution No. 95-11, approving a Variance to relax the parking requirements of the Seward Zoning Code on Lot 20, Block 18, Original Townsite of Seward Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. KIM HASTY, 215 Sixth Avenue, outlined the history of the building located on Lot 20, Block 18, Original Townsite of Seward. He spoke in support of Resolution No. 95-11. DAVID COOPER, Lost Lake Subdivision, spoke as a representative for Phyllis Plath, the owner of the property. He requested that the commission allow the applicant, at her expense, to paint 10 diagonal spaces within the Adams Street right-of-way in order to provide parking. No one else appeared in order to be heard, and the public hearing was closed. MOTION (Clark/Carpenter) Approve Resolution No 95-11. Martin stated that the applicant had requested a variance to relax the parking development requirements on Lot 20, Block 18, Original Townsite of Seward, in order to utilize the building as a single-family residence and lodging business with four bedrooms. He reviewed the findings of fact analysis which was contained in the agenda statement and outlined in the resolution. Bardarson suspended the rules without objection in order for the commission and the public to review and discuss a video of the site. After reviewing the video, Bardarson called the meeting back to order. Corrigan supported granting the variance as proposed by Mr. Cooper because it would provide handicap accessible lodging for Seward visitors and increase the available parking within the city. J2 City of Seward, Alaska May 3, 1995 MOTION (Corrigan/Castellina) Planning Commission Minutes Volume 3, Page 212 Amend page two, Section 2 after § 15.10.215.M. to read, "to designate, at the owners expense, up to eight diagonal parking spaces adjacent to the south property line of Lot 20, Block 18, Original Townsite of Seward, within the Adams Street right-of-way. " Kincheloe stated that allowing diagonal parking in an area that was not adjacent to any other diagonal parking would create confusion for motorists. She further noted that the amendment would create a safety hazard to pedestrians and motorists turning onto Adams Street from Ballaine Boulevard. Clark stated that he was concerned with the proposed diagonal parking because it was not contiguous with the existing diagonal parking allowed downtown. He added that the proposed diagonal parking was not in harmony with the Seward Comprehensive Plan. Bardarson stated that the long term goal of the City was to place curbs, gutters and sidewalks along all of the streets. He stated that, if the variance was granted, it may have to be revoked at a later date. Martin stated that there was nothing in the code which would preclude the commission from placing a time limit on the variance permit. Carpenter stated that granting the variance as recommended by the administration would allow the applicant use of the property as a single-family residence. He stated that granting a limited permit would encourage the owner to improve the property in the near future. He further added that the lodging operation would not be in compliance if the owner was unable to provide the required off-street parking when the permit expired. In response to Carpenter's comment about setting a precedent for variances, Corrigan replied that each application for a variance should be individually evaluated. Bardarson suspended the rules without objection in order to allow David Cooper to answer questions from the commission. In response to a question from Carpenter, Cooper stated that the applicant was not planning to pave the proposed parking area but would re -stripe it as needed. He stated that the applicant was still attempting to purchase the adjacent parcel, and if she was successful, she planned to move the structure to bring it into conformance with the setback and parking requirements. Bardarson thanked Cooper for his answers. 213 City of Seward, Alaska Planning Commission Minutes May 3, 1995 Volume 3, Page 213 Clark objected to the amendment because it recommended a greater variance than the applicant had requested. VOTE ON CORRIGAN AMENDMENT Motion Failed. MOTION (Kincheloe/Castellina) MOTION (Niebrugge/Clark) YES: Castellina, Corrigan NO: Bardarson, Carpenter, Clark, Kincheloe, Niebrugge Amend Section 2, after § 15.10.215.M. to read, "to designate two parallel parking spaces within the Adams Street right-of-way adjacent to Lot 20, Block 18, Original Townsite of Seward... " Amend the Kincheloe Amendment by adding, after the word Seward, "and to reduce the single-family parking require- ment to one space... " Clark supported the amendment to allow the property owner to utilize the building as a single-family residence and have two bedrooms available for lodging purposes. Niebrugge agreed and added that the amendment provided the owner with a reasonable use of the property. In response to a question from Corrigan, Martin stated that an approved variance is for the land use rather than the individual. VOTE ON NIEBRUGGE AMENDMENT Motion Passed. Unanimous Bardarson stipulated that, if the Kincheloe Amendment failed, the Niebrugge amendment would cease to exist. VOTE ON KINCHELOE AMENDMENT AS AMENDED Motion Passed. YES: Carpenter, Castellina, Clark, Cor- rigan, Kincheloe, Niebrugge NO: Bardarson RECESS: The meeting was recessed at 9:50 p.m. and reconvened at 10:00 p.m. 14 City of Seward, Alaska Planning Commission Minutes May 3, 1995 Volume 3, Page 214 MOTION (Corrigan/Clark) Amend Section 2, by adding paragraph b) to read, "within five years of the date of enactment of this resolution, the owner will provide off-street parking. " Corrigan stated that the purpose of the amendment was to ensure that the property owner did not utilize city property for the required off-street parking forever. Bardarson opposed the amendment. Kincheloe stated that the amendment would encourage the property owner to provide the required off-street parking. Motion Passed. YES: Carpenter, Castellina, Clark, Cor- rigan, Kincheloe, Niebrugge NO: Bardarson Bardarson stated that the parking requirements set forth in the Seward Zoning Code were not in conformance with the community needs. He recommended that the commission and administration examine solutions to the parking problem within the city. He stipulated that granting a variance gave a property owner permission to break the law. MOTION (Kincheloe/Castellina) Motion Passed. Amend the title after § 15.10.215 by delet- ing W. to designate a parking space within five (5) feet of the property line on the east side" and add after § 15.10.215, " parking requirements. " Unanimous Castellina recommended that the City Council establish a parking commission or committee to address the parking problems throughout the city. Carpenter agreed. VOTE ON MAIN MOTION Motion Passed. Unanimous Bardarson stated that he desired to review the variance after the amendments were incorporated. RESOLUTIONS None UNFINISHED BUSINESS 215 City of Seward, Alaska Planning Commission Minutes May 3, 1995 Volume 3, Page 215 Temporaa Buildings/Structures. Martin requested input from the commission on the draft ordinance related to temporary structures. Bardarson objected to allowing manufactured fabric shelters in residential zones. He added that the shelters were essential for certain industrial uses. Discussion was held regarding the number of days temporary structures and transient merchants should be allowed. Martin noted that, according to the city code, transient merchants were limited by definition to 120 days of operation. Corrigan agreed that the current transient merchant definition would prohibit businesses from operating out of trailers for more than 120 days. Clark recommended limiting the operation of transient merchant businesses to 150 days. Bardarson supported strict requirements for transient merchants and the prohibition of homemade trailers and mobile homes. Kincheloe supported the condition that once a temporary structure was removed from a location, it was not allowed to be placed at the same location for a period of 180 days. Clark asked if a use could be limited by density in certain defined areas of the city. Martin stated that the administration would revise the draft ordinance and bring it back to the Commission for further review. NEW BUSINESS Review of Seward Street Names for the Kenai Peninsula Borough 911 System. Martin stated that as part of the Kenai Peninsula Borough enhanced 911 emergency dispatch system there could not be any streets with identical or similar names within Seward. He noted that within the city limits there was a Parks Place in the Jesse Lee Heights Subdivision and a Park Place in the Laubner Addition/Park Place Subdivision. The commission directed the administration to contact the property owners in the Laubner Addition and Park Place Subdivision for suggested names to replace Park Place. Kincheloe recommended that the property owners in the Old Mill Subdivision be contacted and requested to address the street names that were in conflict with street names in the Forest Acres Subdivision. 16 City of Seward, Alaska Planning Commission Minutes May 3, 1995 Volume 3, Page 216 Nonconformities. Kincheloe requested feedback on how the commission could address commercial nonconforming structures and uses. Martin reviewed the provisions of the Zoning Code regarding nonconformities. Corrigan stated that as long as a property owner was making every effort to maintain and repair a nonconforming property, and it was not a safety or health threat, the commission should not interfere. Discussion was held regarding the intent of the Seward Zoning Code regarding the expansion of nonconforming structures. Bardarson requested that the topic be placed on the next regular meeting agenda for clarification. Parkin . The Commission postponed discussion of parking issues until the June 7, 1995. Conditional Use Permits & Extensions. Bardarson reviewed the Conditional Use Permit extension process. He stated that when granting extensions the commission must find that circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional use permit. The commission held a lengthy discussion on the procedure for granting Conditional Use Permit extensions. The commission agreed that the findings of fact for granting a conditional use permit should be clearly identified within the resolution. ADMINISTRATION REPORTS Martin stated that the City Council had remanded the lodging ordinance back to the administration and requested that the language be amended to require that lodging businesses located within single-family residential districts be owner occupied. Martin recommended that if the commission objected to the proposed ordinance it could contact the City Council members to address any concerns. Martin stated that a proposed ordinance to eliminate the Conditional Use Permit requirement for transient merchants on the Fourth of July was scheduled for introduction at the May 8th City Council meeting. COMMISSION DISCUSSION 217 City of Seward, Alaska Planning Commission Minutes May 3, 1995 Volume 3, Page 217 CASTELLINA stated she would be out of town and unable to attend the June 7, 1995, regular meeting. CORRIGAN stated that although he disagreed with the changes made to the lodging ordinance, it was the City Council's right to make changes prior to approval. CLARK complimented the administration on the detailed staff reports. CARPENTER requested that the minutes include more detail of commission discussions. He suggested that a representative of the commission attend the City Council meetings to address why specific recommendations were made. BARDARSON requested that, during discussion, commissioners state whether they were in support of or objected to a motion, rather than voice how they intended to vote on a motion. CITIZENS' DISCUSSION DAVID COOPER, Lost Lake Subdivision, requested clarification on what the applicant was granted in the approved variance. COMMISSION & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS The commission concurred that the applicant was granted a variance to provide one residential parking space on the property and was allowed to designate two parallel spaces within the Adams Street right-of-way which would allow the use of two bedrooms for lodging purposes. Carpenter informed Mr. Cooper of the applicant's right to appeal the decision of the commission. ADJOURNMENT The meeting was adjourned at 10:52 p.m. Patricia Jones, CMC Deputy City Cle 1 �"•r «F (City Seal) s � lain WBardarson Chairman City of Seward, Alaska Planning Commission Minutes May 10, 1995, Special Meeting Volume 3, Page 218 CALL TO ORDER The May 10, 1995, special meeting of the Seward Planning and Zoning Commission was called to order at 7:30 p.m. by Chairman Blaine Bardarson. OPENING CEREMONY Castellina led the pledge of allegiance to the flag. ROLL CALL There were present: Blaine Bardarson, presiding, and Wayne Carpenter Anne Castellina Stu Clark Walter E. Corrigan Jr. Elaine Kincheloe Ron Niebrugge comprising a quorum of the Commission; and Kerry Martin, Community Development Director Rachel James, Planning Assistant CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING None APPROVAL OF SPECIAL MEETING AGENDA MOTION (Castellina/Corrigan) Motion Passed. SPECIAL ORDERS AND PUBLIC HEARINGS Approve the Agenda and Consent Agenda Without objection Resolution No. 95-12, regarding a request for a variance from the Seward Zoning Code parking requirements and an application for a Conditional Use Permit to operate a fast food wagon on Lot 9A, Block 4, Oceanview Subdivi- sion Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. JAY BISHOP, Seward Laundry and Dry Cleaning, read numerous citizen's letters supporting the operation of Red's Food Wagon on his property. He continued by reading a letter oil City of Seward, Alaska Planning Commission Minutes May 10, 1995, Special Meeting Volume 3, Page 219 of rebuttal to the administration's staff report and analysis. He stated that he applied for a variance to allow the required parking for the food wagon to be provided on the adjacent Lot 9B, Block 4, Oceanview Subdivision. He clarified that he had not requested a variance for Seward Laundry and Dry Cleaning. No one else appeared in order to be heard, and the public hearing was closed MOTION (Clark/Kincheloe) Approve Resolution No 95-12. Martin confirmed that the variance recommended in Resolution No. 95-12 was not the variance that the applicant had requested. He added that the variance and conditional use permit requested by the applicant did not address the fact that the food wagon would be located on a lot that was unable to provide the required off-street parking for the existing laundry use. He stated that approval of Resolution No. 95-12 would grant the applicant a variance from providing the required off-street parking for the laundry use with the condition that the use would not be expanded and no additional uses would be allowed on the property unless in conformance with the Seward Zoning Code. He added that approval of the resolution would also deny the applicant's request for a Conditional Use Permit to operate a fast food wagon on the property because there was not enough off-street parking available on the lot to meet the requirements of the Seward Zoning Code. Clark spoke in support of the resolution and stated that he could not support issuing the variance as requested by the applicant. Bardarson stated that all land uses were required by the City of Seward Zoning Code to provide off-street parking. He informed the public that the commission had taken an oath to uphold the Charter and Code of Laws of the City of Seward. Corrigan supported the resolution and stated that the requirements of the Zoning Code were very clear. In response to a question from Niebrugge, Martin stated that the Seward Zoning Code, Land Uses Allowed Table, was amended last July to require that transient merchants receive a Conditional Use Permit prior to operation. He added that, except for required public hearing notices, there was no provision which required the City to inform individuals when the Zoning Code was amended. Carpenter stated that the past owner of Lot 9A, Block 4, Oceanview Subdivision, had submitted a request to construct a second story apartment on the existing structure, which the commission denied. He encouraged Mr. Lewis to seek an alternate site for the food wagon. Castellina requested that the commission examine alternatives which would allow Red's Food Wagon to operate through the season. She stated that approval of the resolution would severely impact Seward Laundry and Dry Cleaning and Red's Food Wagon. ,20 City of Seward, Alaska Planning Commission Minutes May 10, 1995, Special Meeting Volume 3, Page 220 In response to a question from Clark, Martin stated that, because Red's Food Wagon had ceased to exist at the end of last summer, it was not considered a nonconforming use. Bardarson stated that the parking code was too restrictive. He stated that a strict interpretation of the code would not allow the laundry use to continue. RECESS: The meeting recessed at 8:45 p.m. and reconvened at 9:00 p.m. MOTION (Castellina/Niebrugge) Amend Section 2., by adding subsection c) to read, "A limited variance to reduce the parking required for Red's Food Wagon will be permitted through September 15, 1995, " and amend Section 3., to read, "Based on the Findings of Fact specified in Section 1. and the limited variance granted to allow the operation of Red's Food Wagon, the Planning and Zoning Commission approves the request for a Conditional Use Permit to operate a fast food wagon on Lot 9A, Block 4, Oceanview Subdivision until September 15, 1995. it Kincheloe stated that she supported the intent of the amendment but the findings of fact did not justify it's approval. VOTE ON CASTELLINA AMENDMENT Motion Failed. YES: Castellina, Niebrugge NO: Bardarson, Carpenter, Clark, Cor- rigan, Kincheloe The commission discussed whether or not granting a variance would exempt the property owner from complying with any future parking assessment requirements. It was the consensus of the commission that any future parking assessment ordinance address properties that were granted variances. In response to a question from Castellina, Martin stated that although Seward Ventures Inc., granted Red's Food Wagon permission to park in front of storage units number 21 and 22, there was not enough space in front of the storage units to provide a legal parking space. In response to a question from Carpenter, Martin stated that parking was required on property which was under the same ownership as the principal use being served to ensure that the required parking would be available for the life of the use. He added that the commission might want to define the term, "ownership." 221 City of Seward, Alaska Planning Commission Minutes May 10, 1995, Special Meeting Volume 3, Page 221 VOTE ON MAIN MOTION Motion Passed. YES: Bardarson, Carpenter, Clark, Cor- rigan, Kincheloe, Niebrugge NO: Castellina Bardarson informed the applicant of his right to appeal the commission's decision. RESOLUTIONS R cnl ution No. 95-13, approving the artist drawing and landscape plan of the Seward Volunteer Ambulance Corps MOTION (Clark/Corrigan) Approve Resolution No. 95-13. Kincheloe stated that the artist drawing of the proposed facility did not meet the conditions specified in the Conditional Use Permit. Martin informed the commission that the original drawing upon which the Conditional Use permit was granted and the artist conceptual drawing both documented that the three ambulance doors would face D Street. Bardarson suspended the rules in order to allow Michael Moore, President of Seward Volunteer Ambulance Corps (SVAC), to answer questions from the commission. There was no objection from the commission. In response to a question from Kincheloe, Moore stated that no windows would be installed at this time due to the high cost. He added that it was the intention of SVAC to place windows in the building at some point in the future. Bardarson expressed his disappointment with the appearance of the proposed building. He stated that the commission required SVAC to provide an artist drawing of the facility to ensure that the facility would blend in with the surrounding residential neighborhood. Clark clarified that the Conditional Use Permit (CUP) issued to SVAC did not require the Commission's approval of the building design plans. Corrigan agreed. He concluded that SVAC had complied with condition number 5 of its permit by submitting the artist drawing for commission review. He added that Item 1 of the CUP required SVAC to submit the project's landscape plans for the Commission's review and approval, and that had not yet been completed as stated in the resolution. 22 City of Seward, Alaska Planning Commission Minutes May 10, 1995, Special Meeting Volume 3, Page 222 Kincheloe stated that the artist drawing was required to ensure that the facility would blend in with the surrounding residential neighborhood. She added that she was disappointed that there was no condition requiring the commission's approval of the design plans. Bardarson suspended the rules in order to allow Mr. Moore to answer questions from the commission. There was no objection from the commission. In response to a question from Bardarson, Moore stated that SVAC had received a State grant for construction of the facility. He added that the grant was in jeopardy of being lost, and if that happened, SVAC would be responsible for all costs associated with the building construction. MOTION (Clark/Corrigan) Postpone Indefinitely. Motion Passed. Unanimous Resolution No. 95-14, granting a second six month extension through November 1, 1995, of the Conditional Use Permit issued to the Seward Volunteer Ambulance Corps MOTION (Kincheloe/Carpenter) Motion Passed. UNFINISHED BUSINESS None NEW BUSINESS Rezoning Proposal Discussion Approve Resolution No. 95-14. Unanimous The commission held a lengthy discussion regarding the proposed land use plan and zoning changes as presented in the agenda packet. ADMINISTRATION REPORTS Martin stated that the past two variance requests illustrated how property owners efforts to maximize the use of their property combined with a lack of site plan reviews and zoning enforcement resulted in the encroachment of buildings into setbacks and private property and a lack of available space for required off-street parking. COMMISSION DISCUSSION 223 City of Seward, Alaska Planning Commission Minutes May 10, 1995, Special Meeting Volume 3, Page 223 KINCHELOE stated that prior to discussion on Resolution No. 95-12, she appreciated Bardarson explaining to the public that the commission was sworn to uphold the Seward City Code. CASTELLINA agreed. She stated that she was disappointed that the commission was unable to grant a conditional use permit to allow Red's Food Wagon to operate on the proposed site for the season. CORRIGAN agreed. He added that, in accordance with the law, he was obliged to vote against approving a conditional use permit for Red's Food Wagon. CLARK recommended that the administration take the appropriate steps to ensure that the public was better informed of zoning code amendments. BARDARSON stated that the commission's decision to approve Resolution No. 95-12 was in accordance with the law. CITIZENS' DISCUSSION None. ADJOURNMENT The meeting was adjourned at 11:00 p.m. Rac 1 E. James Planning Assistant C, &ze-e'- Blaine Bardarson Chairman 224 City of Seward, Alaska Planning Commission Minutes June 7, 1995 Volume 3, Page 224 CALL TO ORDER The June 7, 1995, regular meeting of the Seward Planning and Zoning Commission was called to order at 7:30 p.m. by Chairman Blaine Bardarson. OPENING CEREMONY Clark led the pledge of allegiance to the flag. ROLL CALL There were present: Blaine Bardarson, presiding, and Wayne Carpenter Stu Clark Walter E. Corrigan Jr. Ron Niebrugge comprising a quorum of the Commission; and Kerry Martin, Community Development Director Patricia Jones, Deputy City Clerk Rachel James, Planning Assistant ABSENT were: Anne Castellina (excused) Elaine Kincheloe (excused) CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING STEPHEN GRIZZELL, 2105 Olympia Road, owner of Homeland Enterprises, addressed the Commission on the proposed Grizzell Addition to the Forest Acres Subdivision. He objected to the administration's recommendation that he bring that portion of Hemlock Street between Cedar and Maple Streets up to city maintenance standards. He stated, that because that section of Hemlock Street was outside of the proposed subdivision boundary, he should not be responsible for bringing it up to city standards. He added that such a requirement would limit his ability to provide affordable housing in Seward. He requested clarification from the commission regarding how he was to direct the drainage runoff so as to avoid flooding of the Cedar/Dimond/Alder intersection area. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Clark/Carpenter) Approve the Agenda and Consent Agenda 225 City of Seward, Alaska June 7, 1995 Planning Commission Minutes volume 3, Page 225 Martin requested the deletion of Item 8, Presentations with Prior Notice, from the agenda. Bardarson moved New Business Item 12 A (Forest Acres Subdivision, Grizzell Addition) to be considered prior to Item 9 (Special Orders and Public Hearings). Motion Passed. Without objection Bardarson read the titles of the following consent agenda items approved by the Commission: The May 3, 1995, regular meeting minutes were approved as written; The May 10, 1995, special meeting minutes were approved as written; and A public notice of application for a COE permit at Resurrection River was noted for information. HISTORIC PRESERVATION COMMISSION REPRESENTATIVE REPORT Martin stated that the City Council had approved an ordinance establishing a Local Historic Register as recommended by the Historic Preservation Commission. He added that the Commission would choose a contractor to complete phase II of the Seward Historic Preservation Plan at its next meeting. BOROUGH PLANNING COMMISSION REPRESENTATIVE REPORT Carpenter reported on the Kenai Peninsula Borough Planning Commission meeting held on May 22, 1995. He stated that the Commission granted the City of Seward a two year time extension, through June 28, 1997, for the Spring Creek Correctional Facility Subdivision. APPROVAL OF MINUTES April 5 1995 R 1ar Meeting Minutes Jones stated that the April 5, 1995, Regular Meeting Minutes were postponed from the May 3, 1995, meeting so that information requested by the commission could be included. She noted that a motion to approve the minutes was on the floor. Motion Passed. Unanimous NEW BUSINESS (Taken Out of Order) Forest Acres Subdivisb2n 3rizzell Addition ,26 City of Seward, Alaska Planning Commission Minutes June 7, 1995 Volume 3, Page 226 Bardarson ruled that he had a conflict of interest on the issue because of his business relationship with the applicant. He turned the gavel over to the senior commissioner, Carpenter. MOTION (Clark/Corrigan) Recommend approval of a City Subdivi- sion Agreement and Kenai Peninsula Bor- ough Planning Commission approval of the proposed Grizzell Addition to the Forest Acres Subdivision subject to the adminis- tration's recommendations Martin stated that a subdivision agreement with the city was required prior to final approval of the plat. He recommended that the agreement include the installation of a looped water system, sewer, underground power, fire hydrants, street lights and street signing to city standards. He also recommended that the developer consider the existing street naming theme, forest trees and shrubs, when naming the two cul de sacs and that utility easements be provided along property lines in accordance with the plan provided by the Seward Electric Department. He further recommended that additional rights -of -way be dedicated to aid in bringing existed platted rights -of -way into compliance with borough standards and that the subdivision boundary be extended to the center of the existing adjacent platted rights -of -way. Clark stated that the Seward City Code required the owner to provide public improvements prior to the sale of undeveloped lots. He added that the previous owner had not complied with that requirement. Martin stated that the required public improvements would be addressed in detail during subdivision agreement negotiations with Mr. Grizzell. Clark objected to recommending that Mr. Grizzell develop the portion of Hemlock Street between Cedar and Maple Streets. Corrigan agreed. It was the consensus of the commission that Mr. Grizzell should not be required to upgrade that portion of Hemlock Street between Cedar and Maple Streets, because it was not located within the proposed subdivision boundary. Carpenter suspended the rules to allow Mr. Grizzell to answer questions from the commission. In response to a question from Niebrugge, Grizzell stated that he planned to provide the minimum required public improvements including gravel -surfaced streets, underground telephone and electric lines, water, sewer and street lighting. VOTE ON MOTION Motion Passed. Unanimous 227 City of Seward, Alaska June 7, 1995 Planning Commission Minutes Volume 3, Page 227 Carpenter handed the gavel back to Bardarson, who chaired the remainder of the meeting. SPECIAL ORDERS AND PUBLIC HEARINGS Resolution No. 95-15, approving a Conditional Use Permit to Richard Lewis for operation of a self-contained fast food wagon on Lot 3, Block 7, Oceanview Subdivision through September 30, 1995. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. MOTION (Clark/Niebrugge) Motion Passed. Approve Resolution No 95-15. Unanimous Resolution No. 95-16, granting a variance to the Seward Association for the Advancement of Marine Science to exceed maximum building height limits for the development of the Alaska SeaLife Center on Tract 2A9 Seward Water- front Tracts Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. MOTION (Carpenter/Niebrugge) Motion Passed. RESOLUTIONS Approve Resolution No. 95-16. Unanimous Resolution No. 95-179 approving the dimension plans including exterior design, color and appearance for the Alaska SeaLife Center as required by the Conditional Use Permit issued to the Seward Association for the Advancement of Marine Science MOTION (Clark/Carpenter) Motion Passed. UNFINISHED BUSINESS Approve Resolution No. 95-17. Unanimous Intent of Nonconforming Structures Regulations ,28 City of Seward, Alaska Planning Commission Minutes June 7, 1995 Volume 3, Page 228 Martin discussed the proposed zoning code amendment regarding nonconforming lots, uses and structures. He stated that in the past, the code was interpreted to allow the expansion of nonconforming structures as long as the nonconformity was not specifically increased. He noted that the draft ordinance reflected that interpretation and specifically allowed for a building to be altered to decrease a nonconformity. He added that the section on nonconforming lots and lot groups needed additional review. nance. The Commission concurred with the direction and intent of the proposed ordi- Parking Plan Clark stated that the development of the Alaska SeaLife Center would add to an already existing parking problem within the community. He recommended a re-examination of the parking requirements and a survey of available parking within the various districts. He supported the parking assessments in the Harbor Commercial District. Martin provided an historical review of the parking code and stated that the parking ordinance was originally developed by the Borough. He noted that the parking requirements were being enforced by the administration. He stated that the creation of a city wide parking assessment district could generate funds for the construction of curbs, gutters and sidewalks. Bardarson recommended that the City Council appropriate funds to hire a professional parking consultant. He stated that the Commission had discussed the parking problem for a number of years and nothing had been accomplished. Corrigan agreed. In response to Bardarson's comment, Clark stated that he did not believe that the City Council would support appropriating funds for a parking consultant. Martin stated that he intended to continue working on a parking plan as time allowed. Bardarson suggested that the Commission begin reviewing the specific parking requirements of all the uses listed in the code. Carpenter recommended the establishment of a committee to address the city-wide parking problem. CITIZENS' DISCUSSION CAROL CHAUDIERE CLARK, 1129 Park Place, recommended that the Commission examine alternative parking plans for the community. ADJOURNMENT 229 City of Seward, Alaska June 7, 1995 The meeting was adjourned at 8:55 p.m. Rac el E. James Planning Assistant (City Seal) tSJ �y^(b� 1 .• f L IIAQ0......:1��q•1 Ffs. q! Planning Commission Minutes Volume 3, Page 229 Q-z /4�� Blaine Bardarson Chairman City of Seward, Alaska Planning Commission Minutes Volume 3, Page 229 July 5, 1995 CALL TO ORDER The July 5, 1995, regular meeting of the Seward Planning and Zoning Commission was called to order at 7:30 p.m. by Acting Chairman Elaine Kincheloe. OPENING CEREMONY Corrigan led the pledge of allegiance to the flag. ROLL CALL There were present: Elaine Kincheloe, presiding, and Anne Castellina (arrived at 8:00 p.m.) Stu Clark Walter E. Corrigan Jr. Ron Niebrugge comprising a quorum of the Commission; and Ron Garzini, City Manager Michael Yanez, Deputy City Manager ,30 City of Seward, Alaska Planning Commission Minutes July 5, 1995 Volume 3, Page 230 Kerry Martin, Community Development Director Rachel James, Planning Assistant ABSENT were: Blaine Bardarson (excused) Wayne Carpenter (excused) Yanez introduced City Manager, Ron Garzini. Garzini stated that he intended to focus on quality of life issues in Seward. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING DEAN LUST, 303 N Harbor Street, owner of Sailing Inc., recommended that the Seward Zoning Code, Land Uses Allowed Table, be amended to allow a rental car business within the Harbor Commercial District. TONY STANLEY, owner of Anchorage Rent-A-Car, Aleutian Truck Rental and Seward Rent-A-Car, stated that he was interested in subleasing Lot 7, Block 1, Marina Subdivision, from Dean Lust in order to open a rental car business. He noted that he anticipated operating the proposed business year-round by providing various types of vehicles including passenger cars, pick-up trucks and utility vehicles. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Clark/Corrigan) Approve the Agenda and Consent Agenda Motion Passed. Without objection The Planning Assistant read the titles of the following consent agenda items approved by the Commission: The June 7, 1995, regular meeting minutes were approved as written; A public notice of application for a Corp Of Engineers permit at Resurrection Bay, south of Lowell Point, was noted for information; and Transportation Plan Speech by Governor Tony Knowles, was noted for information. 231 City of Seward, Alaska Planning Commission Minutes Volume 3, Page 231 July 5, 1995 SPECIAL ORDERS AND PUBLIC HEARINGS Resolution No. 95-18, granting a limited Conditional Use Permit to Hope E. Miller, dba Cle' Caffe' for operation of a coffee cart on Boardwalk Site No. 1, Block 6, Oceanview Subdivision, through September 30, 1995 Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. Cindy Ecklund spoke on behalf of Hope Miller, owner of Cle' Caffe' She stated that upon receiving notice that a Conditional Use Permit was required for transient merchants, an application for the permit was immediately submitted to the Community Development Department. No one else appeared in order to be heard, and the public hearing was closed. MOTION (Niebrugge/Clark) Approve Resolution No. 95-18. Clark supported approval of the Conditional Use Permit. Corrigan and Niebrugge agreed. VOTE ON MOTION Motion Passed. Unanimous Resolution No. 95-19, approving a variance to relax the development requirements of the Seward Zoning Code to allow for the construction of a single family residence on Lots 9A and 10A, Park Place Subdivision Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. John Gillespie, 909 Third Avenue, stated that the applicant, Mark Fortune, was unable to attend the meeting due to his employment. He spoke in support of the variance request to reduce the 20 foot front yard setback to 10 feet and allow the construction of a single family residence on a lot that did not meet the minimum buildable lot size of 6,000 square feet. He added that the construction of a single-family home on the lot would serve the public by adding to the city's tax base. No one else appeared in order to be heard, and the public hearing was closed. MOTION (Niebrugge/Corrigan) Approve Resolution No. 95-19. Clark objected to approval of the resolution. He stated that it was possible to build a single-family home on the parcel and still meet the required front yard setback. LJ32 City of Seward, Alaska Planning Commission Minutes July 5, 1995 Volume 3, Page 232 Niebrugge supported approval of the requested variance. Corrigan agreed. Martin stated that the topography of the land justified the requested variance. He added that a variance must be the minimum variance necessary to allow for a reasonable use of the property. He stated that the administration recommended that a condition of the permit require the applicant to provide the required off-street parking within the first floor garage. The commission reviewed a video of the site. VOTE ON MOTION Motion Passed. UNFINISHED BUSINESS Transient Merchants YES: Corrigan, Kincheloe, Niebrugge NO: Clark Martin stated that many of the initial concerns regarding transient merchants were addressed in the Seward City Code including city business license, signs, litter, public nuisances, and solicitation of sales on property owned or operated by the city. He added that the zoning code did not specifically identify a parking requirement for transient merchants. He recommended that the Land Uses Allowed Table be amended to allow transient merchants as an outright use within the Auto Commercial, Harbor Commercial, Central Business and Industrial Districts and that transient merchants be allowed to operate for no more than 150 calendar days annually. Niebrugge supported the administration's direction regarding transient merchants. Clark agreed. He questioned how the proposed ordinance would address the aesthetics of transient merchants. Castellina supported a transient merchant ordinance which addressed aesthetics. Martin clarified that the City business license would be the only local permit required for transient merchants. Kincheloe recommended that the commission review what specific transient merchant activities were allowed in the commercial districts. She suggested that the ordinance address who was responsible for ensuring compliance. Parkins Martin stated that the originally platted 30 x 100 foot lots within the Original Townsite of Seward combined with a lack of zoning enforcement had contributed to many of the parking 233 City of Seward, Alaska Planning Commission Minutes Volume 3, Page 233 July 5, 1995 problems within the city. He added that the commission may want to amend the parking design requirements to better meet the needs of the community. Clark recommended that the right-of-ways not currently used for vehicle traffic be identified as available for businesses to provide parking. Corrigan supported Clark's recommendation. He stated that a community wide parking assessment would generate revenue but not relieve the parking problem. Niebrugge supported amending the parking requirements to allow designated parking spaces within five feet of a property line. Castellina recommended that the City Council appoint an ad hoc committee to address the city wide parking problem. She added that greater input was needed from the community. Kincheloe agreed. Clark stated that, if an ad hoc committee was established, the Commission should make specific recommendations to the committee. NEW BUSINESS Review of Harbor Commercial District, Zoning and Allowed Uses Martin stated that Dean Lust, owner of Sailing Inc., proposed to sublease the building and property located at 303 N. Harbor Street to an auto rental business, however, the Seward Zoning Code, Land Uses Allowed Table, did not allow the use within the Harbor Commercial District. He stated that in order to allow the proposed use either the Seward Zoning Code, Land Uses Allowed Table, needed to be amended to allow Auto/ RV sales and rentals within the Harbor Commercial District or the Land Use Planing and Zoning Maps had to be amended by extending the Auto Commercial Zoning south from Port Avenue to S. Harbor Street. He noted that three other sites would be affected by the later option including Napa, Gateway Texaco and the Breeze Inn Motel. Niebrugge supported directing the administration to forward an ordinance directly to the City Council recommending that the Land Uses Allowed Table be amended to allow auto/RV sales and rentals within the Harbor Commercial District. Clark recommended that staff prepare an ordinance recommending that the City Council change the Land Use Plan and Zoning of the property located on the east side of Third Avenue between Port Avenue and S. Harbor Street from Harbor Commercial to Auto Commercial. Corrigan noted a possible conflict of interest as an employee of an existing automobile rental business in Seward. Kincheloe ruled that no conflict existed and requested Corrigan's input. 334 City of Seward, Alaska Planning Commission Minutes July 5, 1995 Volume 3, Page 234 Corrigan stated that the proposed use was not allowed within the Harbor Commercial District as a result of community planning and zoning. He added that because the use was not in line with the Seward plan, he could not support it. He objected to forwarding planning and zoning ordinances to the City Council without the Commission's review. Castellina supported an amendment to the Land Uses Allowed Table to allow the proposed use in the Harbor Commercial District. Kincheloe objected to changing the Land Use Plan and Zoning to Auto Commercial. She supported an amendment to the Land Uses Allowed Table. MOTION (Niebrugge/Castellina) Direct the administration to forward an ordinance to the City Council recommend- ing that the Seward Zoning Code, Land Uses Allowed Table, be amended to allow Auto/RV sales and rentals as an outright use within the Harbor Commercial District Clark supported the auto rental business on the proposed site. He objected to allowing Auto/RV sales and rentals within the Harbor Commercial District. Kincheloe suspended the rules to allow discussion between the audience and the commission. There was no objection from the commission. In response to a question from Kincheloe, Dean Lust stated that the proposed utility vehicles would be flatbed pick-up trucks. Louis Bencardino, 1103 Second Avenue, spoke in support of the amendment to allow the proposed use within the Harbor Commercial District. Richard Marshall, 815 Creekside, Anchorage, stated that Seward Rent-A-Car anticipated that the majority of the rental customers would be local citizens. In response to a question from Kincheloe, Martin stated that the motion would allow Auto/RV sales and rentals anywhere within the Harbor Commercial District. Lust stated that there was no other land within the Harbor Commercial District large enough for such a use. Martin concurred. VOTE ON MOTION Motion Passed. YES: Castellina, Niebrugge, Kincheloe, Corrigan NO: Clark 235 City of Seward, Alaska Planning Commission Minutes July 5, 1995 Volume 3, Page 235 Note: In accordance with SCC § 2.10.035, Corrigan's abstention on the vote counted on the prevailing side. RECESS: The meeting recessed at 9:15 p.m. and reconvened at 9:25 p.m. ADMINISTRATION REPORTS Martin stated that the City Council established an ad hoc committee to review and make recommendations on the Historic Railroad Depot and Hoben Park. He noted that the Historic Preservation Commission awarded a contract for the completion of phase II of the Seward Historic Preservation Plan to Madelyn Walker and Tim Sczawinski. He asked the commission for input on whether or not a Conditional Use Permit should be required for the proposed Breeze Inn Motel addition. He added that the proposed construction was not an addition to the existing hotel but would be located on a separate platted lot which was under separate lease. COMMISSION DISCUSSION CORRIGAN stated that because the use was not connected to the existing motel and was located on a separate lot a conditional use permit was required for the Breeze Inn Motel addition. CLARK agreed. He questioned whether there was adequate parking available for the proposed use. NIEBRUGGE, CASTELLINA and KINCHELOE agreed that a conditional use permit was required. CLARK objected to the dumping of concrete slabs on the waterfront. KINCHELOE requested that the administration identify and report back to the Commission on the number of storage containers in violation of the Seward Zoning Code. She further recommended the establishment of zoning enforcement procedures. She recommended that a re-route of the Boardwalk be evaluated so pedestrians did not have to walk by the kitchen entrance of Ray's Waterfront. CITIZENS' DISCUSSION CAROL CHAUDIERE CLARK, 1129 Park Place, objected to the dumping of concrete slabs on the waterfront. RANDY MCFARLAND, 232 Fifth Avenue, encouraged the commission to continue working on the community parking problem. He questioned why Corrigan objected to his off -site parking and shuttle service plan. COMMISSION & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS 336 City of Seward, Alaska Planning Commission Minutes July 5, 1995 Volume 3, Page 236 CORRIGAN stated that he supported the concept of an off -site parking area and shuttle service. In response to a question from McFarland, CASTELLINA stated that the Harbor Parking Committee did not recommend parking assessments within the Harbor Commercial District. She added that the parking assessments had not alleviated the parking problems in the Small Boat Harbor. KINCHELOE requested that the administration forward the Commission's recommenda- tion that an ad hoc parking committee be established to address the community parking problems to the City Council. YANEZ stated that he would investigate the reported dumping of concrete slabs on the waterfront. ADJOURNMENT The meeting was adjourned at 10:00 p.m. za Ra iel E. James Planning Assistant / (City Seal) Elaine Kincheloe Acting Chairman 237 City of Seward, Alaska Planning Commission Minutes August 2, 1995 Volume 3, Page 237 CALL TO ORDER The August 2, 1995, regular meeting of the Seward Planning and Zoning Commission was called to order at 7:30 p.m. by Chairman Blaine Bardarson. OPENING CEREMONY Corrigan led the pledge of allegiance to the flag. ROLL CALL There were present: Blaine Bardarson, presiding, and Wayne Carpenter Stu Clark Walter E. Corrigan Jr. Elaine Kincheloe Ron Niebrugge comprising a quorum of the Commission; and Michael Yanez, Deputy City Manager Kerry Martin, Community Development Director Rachel James, Planning Assistant ABSENT was: Anne Castellina (excused) CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING None APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Kincheloe/Carpenter) Approve the Agenda and Consent Agenda Motion Passed. Without objection Bardarson read the titles of the following consent agenda items approved by the Commission: The July 5, 1995, regular meeting minutes were approved as written; and The replat of Lots 5-10, Block 15, Original Townsite of Seward, was recommended to the Borough Planning Commission for approval with the condition that the plat be titled the Original Townsite of Seward, Methodist Church Replat. City of Seward, Alaska Planning Commission Minutes August 2, 1995 Volume 3, Page 238 BOROUGH PLANNING COMMISSION REPRESENTATIVE REPORT Carpenter reported on the July loth Borough Planning Commission meeting. He stated that the Commission had recommended Borough Assembly approval of John Gillespie's plan to dredge a harbor basin at Lowell Point. He noted that the Commission had approved the Marina Subdivision replat submitted by the City and the Forest Acres, Grizzell Addition, preliminary plat. PRESENTATIONS WITH PRIOR NOTICE Brad Snowden, Hotel Project Update (Taken out of order) BRAD SNOWDEN, 525 Sixth Avenue, provided an update on the development of his proposed hotel project in the Small Boat Harbor, including the realignment of Fourth Avenue between N. Harbor Street and Port Avenue. He requested approval to start construction of the road immediately after the Silver Salmon Derby. He added that he anticipated building construction to begin in September or October. Bardarson voiced his support of the design. Kincheloe recommended that the front and back of the proposed buildings have a similar appearance. Snowden stated that the facility would include various uses on the first floor and hotel accommodations on the second floor. He noted that the new design would have less hotel rooms than the original plan. Martin reviewed the conditions which were included in the original Conditional Use Permit (CUP). He stated that he did not believe the changes in the project warranted any additional conditions. Snowden stated that at some point in the future he planned to construct a dock to allow the Kenai Fjords cruise boats to drop off passengers. Kincheloe expressed concern over the proposed street which would connect Third and Fourth Avenue between N. Harbor Street and Port Avenue. It was the consensus of the commission that the relocation of Fourth Avenue could begin after the Silver Salmon Derby ended on August 20, 1995. PUBLIC HEARINGS None RESOLUTIONS None UNFINISHED BUSINESS None 239 City of Seward, Alaska Planning Commission Minutes August 2, 1995 Volume 3, Page 239 NEW BUSINESS Tideland Lease Nomination Northeast Corner Small Boat Harbor Martin stated that Robert Ferguson had requested a 1,600 square foot expansion of his current tideland lease site located within the northeast corner of the Small Boat Harbor. He added that because the proposed site had never been identified for lease by the City Council the Commission was required by the lease policies and procedures to review the nominated property and forward a recommendation to the City Council. MOTION (Corrigan/Carpenter) lease. Recommend that the three proposed sites located north of the Northeast Boat Launch Ramp within Alaska Tideland Survey 174, and owned by the U.S. Government, be leased for commercial development Bardarson objected to the City's policy of requesting proposals for property available for In response to Bardarson's comments, Yanez stated that the request for proposals process provided the City with the maximum revenue for its resources. In response to a question from Kincheloe, Martin stated that the Corps of Engineers owned the subject property and the City had management authority which included the right to use and lease the tidelands. He noted his intention to request fee simple transfer of the tidelands to the City. Corrigan stated that the Commission's responsibility was to determine whether or not the land was appropriate for commercial lease development. He added that the City Council had the right to request proposals for lease development in order to get the highest return for its property. VOTE ON MOTION Motion Passed. Unanimous Seward Highway MP 0-36 Proposed Highway Project Martin stated that the Department of Transportation and Public Facilities would conduct a public meeting sometime in August to receive comments on the Seward Highway Mile 0-36 Project. He requested feedback from the Commission on the administration's recommendations for the project which included: a center turn lane from Van Buren Street to Nash Road, a pedestrian/bike path across the Resurrection River Bridges, enlarging or modifying the Lagoon/fish ditch drain under Third Avenue, changing the name of Airport Road to Port Avenue on the plan maps, improving the Airport Road/Seward Highway intersection and including a right .140 City of Seward, Alaska Planning Commission Minutes August 2, 1995 Volume 3, Page 240 hand stacking lane for traffic exiting onto Nash Road. MOTION (Carpenter/Clark) Recommend drafting a letter highlighting the City's recommendations for the proposed Seward Highway Mile 0-36 Project Niebrugge agreed with the recommendations of the administration. He supported the pedestrian/bike path across Resurrection River. Bardarson stated that the Nash Road intersection needed to include merge lanes and a north bound turn lane. He added that turn lanes were needed at the Exit Glacier Road/Seward Highway intersection. VOTE ON MOTION Motion Passed. Unanimous RECESS: The meeting recessed at 8:40 p.m. and reconvened at 8:50 p.m. ADMINISTRATION REPORTS Yanez reported that the State had requested input on the 1996-1998 Statewide Transportation Improvement Program (STIP). He reviewed the various projects and priorities identified for inclusion by the City included in the July 31, 1995, memorandum. The Commission held a lengthy discussion on the project and made the following recommendations. List Bike path Connection II as priority one. Bike/pedestrian path over Resurrection River Nash Road upgrade Pedestrian path to provide safe access from the Railroad Dock to the Small Boat Harbor Martin stated that work was under way on the Seward Historic Preservation Plan, Phase II. He noted that the City Council appointed the Railroad Depot/Hoben Park Ad Hoc Committee which was scheduled to meet on August 7, 1995, at 12:00 noon in the City Council Chambers. He added that the Forest Acres Subdivision property owners held a meeting in July to discuss their concerns over the Grizzell Addition Subdivision. COMMISSION DISCUSSION NIEBRUGGE stated that the odors from the Meehan By -Products fish meal plant and the Lowell Point Sewage Treatment Plant were extremely offensive to Seward residents and visitors. 241 City of Seward, Alaska Planning Commission Minutes August 2, 1995 Volume 3, Page 241 KINCHELOE expressed concern that the boardwalk passed in front of the kitchen entrance to Ray's Waterfront Restaurant. She recommended that the administration remind the lessee of his obligation to ensure that the boardwalk remain unobstructed for pedestrian traffic. CLARK stated that traffic had been routed around the Institute of Marine Science (IMS) property for the Alaska SeaLife Center project construction. He noted that the exact traffic pattern was recommended during the SAAMS Conditional Use Permit public hearing as a route for the tour buses. He requested that the issue be addressed further at the next meeting. CARPENTER requested that the temporary by-pass road to Lowell Point Road be graded. BARDARSON stated that the Ambulance Corps Building was the most offensive looking building in Seward and that the Commission had failed in it's attempt to ensure the construction of an aesthetically pleasing building. CITIZENS' DISCUSSION TIM SCZAWINSKI, 611 Monroe Street, expressed his concern regarding the archaeological monitoring at the Alaska SeaLife Center construction site. He requested that the administration be directed to ensure that the conditions of the lease and Conditional Use Permit were being met. LYNN HOHL, 2415 Cedar Street, stated that she was disappointed that the ten year bike path plan was not included as a priority project for the Statewide Transportation Improvement Program. COMMISSION & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS CLARK supported City monitoring of the Alaska SeaLife Center project. YANEZ stated that the City Finance Department was responsible for monitoring the Alaska SeaLife Center grant funds. He recommended that complaints regarding the fish meal plant be directed to the City Manager's Office. ADJOURNMENT The meeting was adjourned at 10:00 p.m. Ratiwl E. James Planning Assistant/ lain Bardarson Chairman 42 City of Seward, Alaska Planning Commission Minutes September 6, 1995 Volume 3, Page 242 CALL TO ORDER The September 6, 1995, regular meeting of the Seward Planning and Zoning Commission was called to order at 7:30 p.m. by Chairman Blaine Bardarson. OPENING CEREMONY Corrigan led the pledge of allegiance to the flag. ROLL CALL There were present: Blaine Bardarson, presiding, and Wayne Carpenter Anne Castellina Stu Clark Walter E. Corrigan Jr. Elaine Kincheloe Ron Niebrugge comprising a quorum of the Commission; and Michael Yanez, Deputy City Manager Kerry Martin, Community Development Director Rachel James, Planning Assistant CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING HERMAN LEIRER, 101 Dairy Hill Lane, stated that the Alaska SeaLife Center was being built on the old dump site. He added that the site was primarily fill and unlikely to be the location of the Phoenix shipyard. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Clark/Carpenter) Approve the Agenda and Consent Agenda Motion Passed. Without objection Bardarson stated that the August 2, 1995, regular meeting minutes were approved as written. BOROUGH PLANNING COMMISSION REPRESENTATIVE REPORT Carpenter stated that the Commission had not discussed any issues related to Seward at its last meetings. 243 City of Seward, Alaska Planning Commission Minutes September 6, 1995 Volume 3, Page 243 PRESENTATIONS WITH PRIOR NOTICE SAAMS Archaeological Monitoring Report Maureen Sims, representing the Alaska SeaLife Center project, reported that phase I of the project construction was complete. She stated that fund raising efforts were underway and going well. She noted that, during Phase I the archaeological consultant, Mike Yarborough, stopped work on the project on two occasions in order to contact and receive direction from the State Historic Preservation Officer regarding discovered artifacts at the site. She stated that upon completion of Yarborough's monitoring report, the State Historic Preservation Officer would determine whether or not the discovered artifacts were significant. In response to a question from Kincheloe, Tim Smith, State Historic Preservation Office representative, stated that significant artifacts were those which answered or might answer important research questions related to the history of the area. He noted that the process of determining significance was generally very subjective. Mike Yarborough, Cultural Resource Consultants, discussed the various types of artifacts found during the archaeological monitoring. He noted that most of the material was dated from the early 19th century. In response to a question from Clark, Yarborough stated that the significance of the age of the artifacts depended on the specific research questions the community wanted to answer. He added that he anticipated completing his report in the next week in order for the State Historic Preservation Officer to review and make a determination of significance. Sims stated that, at the request of the Department of the Interior, she was compiling historical information on Russian exploration in the Seward area. UNFINISHED BUSINESS Street Renaming - Park Place James stated that the property owners in the Park Place Subdivision were notified that Park Place would be renamed. She noted that one property owner had objected to the name Cliff View Place and one property owner had sent a written response objecting to the name Two Lakes Place. Kincheloe requested that action on this item be postponed until October in order to allow sufficient time for the property owners to recommend a replacement name for Park Place. There was no objection from the Commission. NEW BUSINESS Repllat of Lots 3.4 and S. Block 1 Marina Subdivision 144 City of Seward, Alaska Planning Commission Minutes September 6, 1995 Volume 3, Page 244 Martin stated that the proposed replat of City property was a result of the lessee's plan to add twenty rooms to the Breeze Inn Motel by constructing two additional stories on Lot 4, Block 1, Marina Subdivision. He noted that the lessee had submitted the preliminary plat because the existing Breeze Inn Motel was located on a separate lot and lease parcel than the proposed addition. MOTION (Carpenter/Clark) Recommend City Council and Borough Planning Commission approval of the replat of Lots 3, 4 and 8, Marina Subdivi- sion. In response to a question from Kincheloe, Martin stated that the 20 foot walkway identified on the plat was a dedicated public right-of-way. Kincheloe stated that, because it was the lessee's development project, he should be responsible for all the costs associated with the replat. Corrigan objected to the preliminary plat because it created an odd shaped lot. He supported application by the lessee for a Conditional Use Permit rather than replating the property. Martin stated that the property could always be replatted in the future if needed. He added that he was not aware of any issues which needed to be addressed in a Conditional Use Permit. He noted that off-street parking could not be required in a Conditional Use Permit because the City Code allowed Harbor Commercial businesses the opportunity of paying an assessment in lieu of the required parking. VOTE ON MOTION Motion Passed. YES: Bardarson, Carpenter, Castellina, Clark, Kincheloe, Niebrugge NO: Corrigan ADMINISTRATION REPORTS Yanez discussed the proposed City Strategic Plan. He stated that the purpose of the plan was to act as a guide for accomplishing the goals of the city. He stated that a work session was scheduled for 6:00 p.m. on September 11, 1995, in order to present the City Strategic Plan to the public. Martin stated that the administration was following up on the conditional use permit requirements of the Seward Volunteer Ambulance Corp. He noted that the Railroad Depot/Hoben Park Ad Hoc Committee was generating a plan for the area which would be forwarded to the 245 City of Seward, Alaska Planning Commission Minutes September 6, 1995 Volume 3, Page 245 Historic Preservation and Planning and Zoning Commissions and the City Council for review and approval. COMMISSION DISCUSSION NIEBRUGGE expressed his appreciation of the new Exit Glacier Road. He added that he was disappointed that there was no shoulder for bicycle and pedestrian traffic. KINCHELOE stated that the Seward Volunteer Ambulance Corp CUP allowed one year to landscape the property but did not provide a time frame to construct the fence along the north property line. She objected to Ray's Waterfront placing garbage and other materials related to the business on the public boardwalk. She further objected to the agreement between Brad Snowden and the City which allowed for a new east -west street between Third and Fourth Avenues and N. Harbor Street and Port Avenue. CASTELLINA stated that the National Park Service had applied for funds to construct turn lanes at the Seward Highway/Exit Glacier Road intersection and a multi -use trail on Exit Glacier Road. CLARK noted that the community of Seward was making an impact on the Seward Highway Rehabilitation Project, Mile 0-36. BARDARSON requested that the Commission review the Harbor Management Plan. KINCHELOE acknowledged Bob Valdatta's tree planting efforts along Exit Glacier Road. CITIZENS' DISCUSSION BOB VALDATTA, 528 Fifth Avenue, stated that Exit Glacier Road presented a traffic hazard due to the high number of bicyclists and pedestrians using the new road. SHANNON SKIBENESS, 2612 Birch Street, discussed issues related to historic preservation in Seward. She requested that the renaming of Park Place be reviewed by the Historic Preservation Commission. She stated that she believed the artifacts found during the archaeological monitoring were significant. MARK LUTTRELL, Camelot Subdivision, stated that there was not enough information to determine the archaeological significance of the Alaska SeaLife Center project site. He added that the site was likely to yield significant information and he supported further archaeological excavation of the area. He noted that volunteers were available from the National Park Service, the State Historic Preservation Office and the community. 11 City of Seward, Alaska Planning Commission Minutes September 6, 1995 Volume 3, Page 246 TIM SCZAWINSKI, 611 Monroe, thanked Maureen Sims, Mike Yarborough and Tim Smith for reporting on the archaeological monitoring. He stated that there was much more information available on Seward's prehistory than most people were aware of. COMMISSION & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS CASTELLINA thanked the presenters and citizens for attending the meeting and providing input. ADJOURNMENT The meeting was adjourned at 9:15 p.m. R chel E. —James - Miming iming Assistant (City Seal) City of Seward, Alaska October 4, 1995 CALL TO ORDER Blaine Bardarson Chairman Planning Commission Minutes Volume 3, Page 246 The October 4, 1995, regular meeting of the Seward Planning and Zoning Commission was called to order at 7:30 p.m. by Chairman Blaine Bardarson. OPENING CEREMONY Clark led the pledge of allegiance to the flag. 247 City of Seward, Alaska Planning Commission Minutes October 4, 1995 Volume 3, Page 247 ROLL CALL There were present: Blaine Bardarson, presiding, and Wayne Carpenter Anne Castellina Stu Clark Walter E. Corrigan Jr. Elaine Kincheloe comprising a quorum of the Commission; and Kerry Martin, Community Development Director Rachel James, Planning Assistant ABSENT was: Ron Niebrugge (excused) CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING None APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Corrigan/Clark) Approve the Agenda and Consent Agenda. Martin requested the deletion of Resolution No. 95-20, recommending the Seward Gateway Historic Transportation Plan to the City Council for adoption. Motion Passed. Without objection Bardarson read the titles of the following consent agenda items approved by the Commission: The September 6, 1995, regular meeting minutes were approved as written; and The replat of Lots 3 and 4, Block 21, Federal Addition and Lots 27 and 28, Block 4, Laubner Addition was recommended to the Kenai Peninsula Borough Planning Commission with the condition that the plat be titled the Oceanview Subdivision, Ambulance Corps Replat. BOROUGH PLANNING COMMISSION REPRESENTATIVE REPORT Carpenter reported on the September 25, 1995, Borough Planning Commission meeting. He stated that the Commission had reviewed and approved three mariculture sites located in the Seward area. PM City of Seward, Alaska Planning Commission Minutes Volume 3, Page 248 October 4, 1995 PRESENTATIONS WITH PRIOR NOTICE SAAMS Archaeological Monitorina ftQd Maureen Sims, representing the Alaska SeaLife Center project, stated that the archaeological consultant, Mike Yarborough, had recommended a finding of significance for the artifacts discovered during the project monitoring, and the State Historic Preservation Officer and the National Park Service agreed with the recommendation. She stated that the Alaska SeaLife Center Archaeological Clearance and Mitigation Plan called for additional archaeological testing within the project corridor and recommended against the relocation of the electric lines underground along Railway Avenue. She noted that the recommendation was in conflict with the Conditional Use Permit. In response to a question from Kincheloe, Sims stated it was not recommended to relocate the electric lines underground in the same location as the water and sewer lines because, although that area along Railway Avenue was previously disturbed, there may be undiscovered cultural remains located there. Clark stated that he was opposed to the utilities remaining above ground. Corrigan agreed. Martin stated that the Commission was not required to take any action on the issue unless SAAMS formally requested that the Commission remove the requirement to place the electric lines underground from the conditional use permit. SPECIAL ORDERS AND PUBLIC HEARINGS Resolution No. 95-21, recommending amendments to the Seward City Code Title 15 regarding the land uses allowed table, definitions and various housekeeping items Notice of the public hearing as posted and published was noted, and the public hearing was opened. No one spoke in order to be heard, and the public hearing was closed. MOTION (Castellina/Carpenter) Approve Resolution No. 95-21. MOTION (Corrigan/Kincheloe) Amend Section 1, err 15 10 140 Specific definitions by removing "not necessarily" from the definition of family. Corrigan objected to the proposed definition. He stated that individuals who were not related by blood, marriage, adoption, or guardianship did not constitute a family. Martin stated that the proposed amendment was simply replacing the definition of family that was inadvertently dropped from Title 15 during the last revision of zoning code definitions. 249 City of Seward, Alaska Planning Commission Minutes October 4, 1995 Volume 3, Page 249 MOTION (Carpenter/Bardarson) Motion Passed. VOTE ON CORRIGAN AMENDMENT Motion Failed. VOTE ON MAIN MOTION Motion Passed. RESOLUTIONS None UNFINISHED BUSINESS City Strategic Plan Discussion Move the previous question. Unanimous YES: Clark, Corrigan NO: Bardarson, Carpenter, Castellina, Kincheloe YES: Bardarson, Carpenter, Castellina, Clark, Kincheloe NO: Corrigan Clark supported the proposed North Forest Acres Road as a high priority of the City Strategic Plan. Bardarson stated that a levee should be constructed at the same time as the proposed North Forest Acres road to protect the Forest Acres Subdivision and the new road from flooding. Kincheloe supported the use of the Municipal Lands Management Plan to identify city properties for lease, sale or trade. She encouraged the city to develop a long range transportation and parking plan for Seward. She stated that the city's reactions to the community parking and transportation problems had been short-sighted. Bardarson stated that the Seward Comprehensive Plan and the City Strategic Plan should support one another. He supported parking assessments for all businesses that do not provide parking in accordance with the code. NEW BUSINESS Leirer Estates Subdivision Martin reviewed the administrations recommendations for approval of the Leirer Estates Subdivision which included numerous plat corrections and recorded electric and sewer easements. 250 City of Seward, Alaska October 4, 1995 MOTION (Clark/Castellina) Motion Passed. Planning Commission Minutes Volume 3, Page 250 Recommend Kenai Peninsula Borough Planning Commission approval of the Leirer Estates Subdivision subject to the recommendations outlined in the October 3, 1995, administration report. Unanimous Replat of Lot FF Forest Acres Subdivision Martin stated that the proposed replat of Lot FF, Forest Acres Subdivision, met all the applicable requirements of the Seward Zoning Code. He reviewed the administration's recommendations which included changing the plat title to more accurately describe the subdivision, updating the vicinity map, adjusting the north property corner between the two lots to create a common property corner for Lots GG, RR, FF1 and FF2, identifying the book and page of the blanket sewer easement for Lot FF within the plat notes, providing a recorded electric easement as recommended by the Engineering and Utilities Department and locating the water and sewer lines on the property and providing a 10 foot recorded easement for those utilities. MOTION (Carpenter/Castellina) Motion Passed. ADMINISTRATION REPORTS Recommend Kenai Peninsula Borough Planning Commission approval of the replat of Lot FF, Forest Acres Subdivision subject to the recommendations outlined in the October 3, 1995, staff report. Unanimous Martin stated that the City Council postponed action on the replat of City owned Lots 3, 4 and 8, Block 1, Marina Subdivision, in order to verify that the lessee agreed to incorporate the existing two leases into one lease with a five-year appraisal plan. He stated that Ray Simutis, owner of Ray's Waterfront, would complete the boardwalk adjacent to his lease site as required by the Conditional Use Permit. He noted that Simutis also planned to construct a fence to protect the restaurant work area from the public view. He reported that Brad Snowden's project was approved by the City to begin relocating Fourth Avenue between North Harbor and South Harbor Streets. COMMISSION DISCUSSION CORRIGAN expressed his disappointment with the vote on the definition of family. He stated that, based on the outcome of the vote, he was resigning from the Commission effective immediately. City of Seward, Alaska Planning Commission Minutes October 4, 1995 Volume 3, Page 251 KINCHELOE urged Corrigan to reconsider resigning from the Commission. CASTELLINA asked whether or not the Commission had the authority to review the owner's plan to construct a fence next to Ray's Waterfront. BARDARSON encouraged Corrigan to reconsider his decision to resign. CITIZENS' DISCUSSION CAROL CHAUDIERE, 1129 Park Place, recommended that the Commission examine the waste water drainage at Ray's Waterfront along with the proposed fence. TIM SCZAWINSKI, 611 Monroe Street, stated that he was disappointed with the Commission's reaction to the Alaska SeaLife Center Archaeological Clearance and Mitigation Plan. He requested that the Commission respect the professional decision of numerous archaeologists. ROGER STEINBRECHER, 2614 Birch Street, stated that he was a member of the newly formed Forest Acres Residents Association. He noted that he anticipated attending future Planning and Zoning Commission meetings. COMMISSION & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS BARDARSON stated that the Commission had not been presented with any archaeologically significant findings from the Alaska SeaLife Center project monitoring. ADJOURNMENT The meeting was adjourned at 8:55 p.m. "James (City Seal) B aine Bardarson Chairman City of Seward, Alaska November 1, 1995 CALL TO ORDER Planning Commission Minutes Volume 4, Page I The November 1, 1995, regular meeting of the Seward Planning and Zoning Commission was called to order at 7:30 p.m. by Chairman Blaine Bardarson. OPENING CEREMONY Clark led the pledge of allegiance to the flag. ROLL CALL There were present: Blaine Bardarson, presiding, and Wayne Carpenter Anne Castellina Stu Clark Elaine Kincheloe Ron Niebrugge comprising a quorum of the Commission; and Michael Yanez, Deputy City Manager Kerry Martin, Community Development Director Rachel James, Planning Assistant CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING None APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Carpenter/Kincheloe) Approve the Agenda and Consent Agenda. Clark moved Item 12 A (Replat of Lots 18-20, Block 11, Original Townsite of Seward) to the regular meeting agenda. Motion Passed. Unanimous Bardarson stated that the October 4, 1995, regular meeting minutes were approved as written. BOROUGH PLANNING COMMISSION REPRESENTATIVE REPORT 1 Carpenter reported that the Borough Planning Commission reviewed and approved the preliminary plat of the Leirer Estates Subdivision at its October 23, 1995, meeting. He noted that the Commission also discussed proposed timber sales in the Moose Pass area and the State's City of Seward, Alaska Planning Commission Minutes November 1, 1995 Volume 4, Page 2 preliminary plan to construct a public day lodge and restaurant facility in the Turnagain Pass area for cross-country skiers and snowmachiners. PRESENTATIONS WITH PRIOR NOTICE Seward Volunteer Ambulance Corps Project Update Mike Moore, president of the Seward Volunteer Ambulance Corps (SVAC), stated that SVAC was continuing to work on the new ambulance building. Bardarson suspended the rules to allow Mr. Moore to respond to questions from the Commission. There was no objection from the Commission. In response to a question from Kincheloe, Moore stated that SVAC had no landscape plan. He added that the Conditional Use Permit allowed for completion of the landscaping within one year from construction of the building. In response to a question from Niebrugge, Moore stated that SVAC planned to pave the driveway apron and parking area when the next paving company was in town. It was the consensus of the Commission that the landscaping should be completed within one year of issuance of the Certificate of Occupancy. Brad Snowden, Hotel Project Update (Taken out of order after Unfinished Business) Brad Snowden, 525 Sixth Avenue, discussed the problems associated with the development of his proposed hotel project in the Small Boat Harbor. UNFINISHED BUSINESS Strategic Plan Item - Parking Issues Yanez presented the administration's strategic plan recommendations regarding parking which included: 1) establishing a parking revenue fund, 2) contracting with a professional parking management firm to conduct seasonal paid parking operations, 3) discontinuing the existing parking assessment program on December 31, 1995, and 4) establishing a one-time capital contribution for any new, expanded or modified business that is unable to provide the required off-street parking effective January 1, 1996. Clark stated that exempting businesses in the Central Business District (CBD) from paying the one time assessment for parking they were unable to provide was unfair to businesses located in other congested areas of the City. City of Seward, Alaska Planning Commission Minutes November 1, 1995 Volume 4, Page 2 A preliminary plan to construct a public day lodge and restaurant facility in the Turnagain Pass area for cross-country skiers and snowmachiners. PRESENTATIONS WITH PRIOR NOTICE Seward Volunteer Ambulance Corns Project Update Mike Moore, president of the Seward Volunteer Ambulance Corps (SVAC), stated that SVAC was continuing to work on the new ambulance building. Bardarson suspended the rules to allow Mr. Moore to respond to questions from the Commission. There was no objection from the Commission. In response to a question from Kincheloe, Moore stated that SVAC had no landscape plan. He added that the Conditional Use Permit allowed for completion of the landscaping within one year from construction of the building. In response to a question from Niebrugge, Moore stated that SVAC planned to pave the driveway apron and parking area when the next paving company was in town. It was the consensus of the Commission that the landscaping should be completed within one year of issuance of the Certificate of Occupancy. Brad Snowden, Hotel Project Update (Taken out of order after Unfinished Business) Brad Snowden, 525 Sixth Avenue, discussed the problems associated with the development of his proposed hotel project in the Small Boat Harbor. UNFINISHED BUSINESS Strategic Plan Item - Parking Issues Yanez presented the administration's strategic plan recommendations regarding parking which included: 1) establishing a parking revenue fund, 2) contracting with a professional parking management firm to conduct seasonal paid parking operations, 3) discontinuing the existing parking assessment program on December 31, 1995, and 4) establishing a one-time capital contribution for any new, expanded or modified business that is unable to provide the required off-street parking effective January 1, 1996. Clark stated that exempting businesses in the Central Business District (CBD) from paying the one time assessment for parking they were unable to provide was unfair to businesses located in other congested areas of the City. City of Seward, Alaska Planning Commission Minutes November 1, 1995 Volume 4, Page 4 CAROL CHAUDIERE, 1129 Park Place, discussed the parking problems that the Alaska SeaLife Center was going to generate. She requested that the administration consider what the - vacant parking lots would look like during the winter months. RECESS: The meeting recessed at 9:00 p.m. and reconvened at 9:10 p.m. Parking Code Review Martin stated that there were various parking requirements which many businesses throughout the city were unable to meet. He reviewed those sections of the code most often violated and requested input from the Commission. The Commission agreed that requiring not less than five parking spaces for offices was excessive. They recommended a minimum number of two or three spaces for offices. The Commission recommended that SCC § 15.10.215(B) be amended by deleting the reference to charter boats licensed for 20 or more people so that it was clear that all charter boats operators were required to provide off-street parking. Clark recommended excluding gross floor area used for storage in figuring the total number of off-street parking spaces businesses are required to provide. Niebrugge recommended amending the code by removing the requirement that off -site parking lots must be under the same ownership as the use being served. He noted that this would provide flexibility for businesses to meet their parking requirements. He further recommended that the code be amended to allow parking spaces within five feet of a property line. Clark suggested varying how far a parking space could be from a property line by zoning district. Castellina agreed. Bardarson recommended that the required size of parking spaces continue to be ten feet wide by twenty feet long. Kincheloe agreed. Niebrugge and Castellina supported examining flexible alternatives to the existing required size of parking spaces. Martin stated that the administration would use the Commission's recommendations to draft an ordinance for review at the December meeting. Strategic Plan Item - City Shop Relocation Martin discussed the City's needs regarding a new city shop and reviewed possible alternative locations for the facility as outlined in the memorandum contained in the agenda packet. City of Seward, Alaska Planning Commission Minutes November 1, 1995 Volume 4, Page 5 Clark stated that the Forest Acres Campground and Park appeared to be the best location. Bardarson, Castellina and Niebrugge agreed. Kincheloe objected to the City shop facility being located near the Army and Air Force Recreation Camps. Strategic Plan Item - Transient Merchants Martin reviewed the draft ordinance and policy resolution relating to transient merchants. He stated that the proposed ordinance would allow transient merchants as an outright use within the Harbor Commercial, Auto Commercial, Central Business and Industrial districts rather than by conditional use permit. He added that the ordinance would also provide the City Clerk with the authority to issue permits to transient merchants on public property. In response to a question from Carpenter, Martin stated that the City was not required to permit transient merchants on public property. Niebrugge objected to allowing transient merchants on public property. NEW BUSINESS I Replat of Lots 18, 19, 20, Block 11, Original Townsite of Seward MOTION (Clark/Niebrugge) Recommend Kenai Peninsula Borough Planning Commission approval of the replat of Lots 18 - 20, Block 11, Original Townsite of Seward. Clark questioned how a building permit was issued prior to approval of the required replat. Martin stated that, when commercial construction required a replat to vacate interior lot lines, building permits were generally issued as long as the replat process was initiated prior to construction. VOTE ON MOTION Motion Passed. Unanimous ADMINISTRATION REPORTS Martin stated that the City Council recommended Borough Planning Commission approval of the replat of Lots 3, 4 and 8, Block 1, Marina Subdivision. He stated that SAAMS was planning to place the electric lines along Railway Avenue underground as required by its City of Seward, Alaska Planning Commission Minutes November 1, 1995 Volume 4, Page 6 conditional use permit. He added that the State Historic Preservation Officer and the Department of the Interior supported that action. COMMISSION DISCUSSION CARPENTER stated that he was unclear about the development plans for Brad Snowden's hotel project. He added that the design of the project appeared considerably different from the last update on the project. He voiced his support of paid parking and recommended that the administration examine contracting with the Chamber of Commerce for the parking management in order to provide the Chamber with a continuous source of revenue. KINCHELOE requested that the plans for future parking lots be identified in the parking recommendations. CITIZENS' DISCUSSION MICHAEL YANEZ, Deputy City Manager, stated that earlier in the meeting he incorrectly asserted that the Harbor Commercial District had always been required to provide off- street parking. CINDY ECKLUND, 806 Second Avenue, discussed how the proposed transient merchant ordinance would affect her business in the Small Boat Harbor and requested that the administra- tion consider her concerns. DONNA MAREK, 1810 Phoenix Road, objected to the term transient merchant and recommended that a less offensive word be used to describe seasonal businesses that operate out of temporary sites. She stated that she intended to submit a proposal for the lease of City property and questioned how being a transient merchant would affect her business. ADJOURNMENT The meeting was adjourned at 11:15 p.m. eI E. James Blaine Bardarson Plannins Assistant Chairman Y.,SEa1� y+��r�i�TC��FfbYrs City of Seward, Alaska Planning Commission Minutes December 6, 1995 Volume 4, Page 7 Note: Prior to the meeting City Clerk, Linda Murphy, administered the oath of office to newly appointed Commissioner Skibeness. CALL TO ORDER The December 6, 1995, regular meeting of the Seward Planning and Zoning Commission was called to order at 7:45 p.m. by Chairman Blaine Bardarson. OPENING CEREMONY Skibeness led the pledge of allegiance to the flag. ROLL CALL There were present: Blaine Bardarson, presiding, and Elaine Kincheloe Ron Niebrugge Shannon Skibeness comprising a quorum of the Commission; and Michael Yanez, Deputy City Manager Kerry Martin, Community Development Director Rachel James, Planning Assistant ABSENT were: Anne Castellina (excused) Wayne Carpenter (excused) Stu Clark (excused) CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING None APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Kincheloe/Niebrugge) Approve the Agenda and Consent Agenda. Bardarson requested that Item 6 A, Borough Planning Commission Report, be replaced with Historic Preservation Commission Report. Motion Passed. Without objection City of Seward, Alaska Planning Commission Minutes December 6, 1995 Volume 4, Page 8 Bardarson read the titles of the following consent agenda items approved by the Commission: The November 1, 1995, regular meeting minutes were approved as written; and A public notice of application for a Corps of Engineers permit by the Alaska Railroad Corporation to place approximately 18,800 cubic yards of fill and riprap material in Resurrection Bay was noted for information. HISTORIC PRESERVATION COMMISSION REPRESENTATIVE REPORT Skibeness stated that the Historic Preservation Commission was scheduled to review the first draft of the Seward Historic Preservation Plan during a work session on December 13, 1995. She noted that 37 people attended the November 15, 1995, Town Meeting which was held at the historic Depot building to obtain public input on the plan. RESOLUTIONS Resolution No. 95-22, recommending amendments to SCC 15.10, regarding parking requirements, to the City Council for adoption MOTION (Niebrugge/Skibeness) Approve Resolution No. 95-22. Martin stated that the proposed amendments to the parking code were based on the recommendations made by the Commission at its November meeting and addressed in the November minutes. Kincheloe requested that, prior to recommending the ordinance to the City Council, the administration amend Section 1. SCC 15,10.215 Parking. B. 7. b. to require day cruise, charter boat operators to provide one parking space per four persons based on the maximum Coast Guard licensing capacity. There was no objection from the Commission. VOTE ON MOTION Motion Passed. Unanimous Resolution No. 95-23, recommending a proposed ordinance amending SCC Chapter 8.10, Peddlers and Solicitors and Chapter 15.10, Seward Zoning Code regarding transient merchants, and a proposed policy resolution to the City Council for adoption. MOTION (Kincheloe/Skibeness) Approve Resolution No. 95-23. City of Seward, Alaska December 6, 1995 MOTION (Niebrugge/Kincheloe) Motion Passed. MOTION (Niebrugge/Kincheloe) Planning Commission Minutes Volume 4, Page 9 Amend the proposed ordinance by deleting the following from Section 2. S-CC 15,10,225 Land Uses Allowed. C. 3, "and tents constructed of combustible material. " Unanimous Amend Resolution No. 95-23, by deleting Section 2. Niebrugge stated that he was opposed to permitting transient merchants on public property. Martin stated that the City Code authorized only the City Council to approve or deny requests to solicit sales or operate on public property. He added that the proposed ordinance authorized the City Clerk to permit transient merchants on public property and the attached proposed resolution established the fees and policy for permitting such temporary uses on public property. He noted that the deletion of the proposed City Council resolution could not take place without amending the proposed ordinance. Bardarson voiced his support of the proposed City Council policy resolution. Skibeness stated that the proposed policy resolution provided the administration with appropriately strict guidelines for reviewing transient merchant requests to utilize public property. VOTE ON NIEBRUGGE AMENDMENT Motion Failed. MOTION (Kincheloe/Niebrugge) Motion Passed. VOTE ON MAIN MOTION Motion Passed. UNFINISHED BUSINESS Unanimous Amend the proposed City Council resolu- tion to require that, upon expiration of a transient merchant permit, all equipment and materials associated with the operation be removed from the site and the property returned to its pre -permit condition. Unanimous YES: Bardarson, Kincheloe, Skibeness NO: Niebrugge City of Seward, Alaska Planning Commission Minutes December 6, 1995 Volume 4, Page 10 reet Renamine - Park PI MOTION (Kincheloe/Niebrugge) Recommend City Council approval of a resolution renaming "Park Place", located within the Park Place Subdivision to "Cliff View Place." Motion Passed. Without objection ADMINISTRATION REPORTS Yanez stated that the City Council was scheduled to discuss the proposed strategic parking plan on December 11, 1995. He noted that, since the plan was presented to the Commission, the administration had recommended eliminating the Central Business District exemption. Martin stated that the Kenai Peninsula Borough Planning Commission had granted preliminary approval of Marina Subdivision Replat No. 2 and Forest Acres Lot FF replat. He noted that the Commission's upcoming strategic plan work items included the Cemetery Plan, Housing Action Plan, Harbor Uplands Plan and property lease request for proposals. COMMISSION DISCUSSION Niebrugge welcomed Skibeness to the Commission. Kincheloe complimented the Seward Phoenix Log on the quality of its recent news coverage. Bardarson stated that the railroad box car which was in violation of the Seward Zoning Code was no longer located on his property. Skibeness stated that the Forest Acres Residents *s�tlw4s opposed to locating the City Shop in the vicinity of Forest Acres. CITIZENS' DISCUSSION None u r. ADJOURNMENT i •` 4 ����Xr �e� a'yy �'�q The meeting was adjourned at 9:50 p.m �< pie* :m.S' �A Ra hel E E. James Blaine Bardarson Planning Assistant Chairman (City Seal)