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HomeMy WebLinkAbout2003 Planning & Zoning MinutesCity ofSeivard Planning Commission Minutes ,January 7, 2003 Volume 5, Page 324 Call to Order The January 7, 2003 regular meeting of the Seward Planning and Zoning Commission was called to order at 7:30 p.m. by Carol Griswold, Chair. Opening Ceremony Commissioner McDonald led the Pledge of Allegiance to the flag. Roll Call There were present: Carol Griswold, presiding, and Marianna Keil Kristi Larson Tim McDonald Sandie Roach' Tom Smith Comprising a quorum of the Commission; and Malcolm Brown, Planner Donna Glenz, Planning Assistant Absent was: Lynn Hohl - Excused Special Reports City Administration Report Brown reported that the City staff was currently reviewing the site plan submitted by Jim Pruitt for the planned hotel in the boat harbor. He stated that a proposal had been submitted by a property owner requesting a land trade in the vicinity of the Two Lakes Park. Brown noted that the issue would be brought forward to the Commission at the February meeting. He continued to report that a public meeting had been held on January 3, 2003 to present a concept of waterfront development options. He noted that the meeting had been well attended by the public. He also reported that he had attended several flood and hazard mitigation meetings; he noted that the State had reported it was in the final process of completing the guide lines for the Hazard Mitigation Plan. He concluded his report stating that the United States Coast Guard had scheduled a tabletop exercise for a cruse ship disaster, located in Resurrection Bay on January 23 and 24, 2003 in Anchorage. He reported that several departments of the City were scheduled to participate in the exercise. City of Savard Planning Commission Minutes }anuary 7 2003 Volume 5, Page 325 KPB Planning Commission Report Commissioner Hohl submitted a written report of the December 17, 2002 Borough Planning Commission meeting. Other Reports, Announcements & Presentations — None Citizens' Comments on Agenda Items Not Scheduled for Public Hearing and Items Other Than Those on the Agenda Stu Clark, 1129 Cliff View, Clark discussed his concerns with City Process. He suggested the Planning and Zoning Commission take the initiative to become more involved with City issues especially; the proposed waterfront improvement project presented to Council at their work session the preceding Friday and the Seward Legacy Project. Approval of Agenda and Consent Agenda Motion (Larson/McDonald) Approve the Agenda and Consent Agenda Motion Passed Unanimous Consent The Chair read the titles of the following consent agenda items approved by the Commission: The October 2, 2002, November 6, 2002 and December 3, 2002 Regular Meeting Minutes were approved as written. Informational Items: Faxed Attorney review for Proposed Ordinance Authorizing Temporary Offices by Administrative Permit in the Industrial Zoning District. "Common Problems with Zoning Ordinances" article from the November 2002 Zoning News publication. "Survey of State Land -Use and Natural Hazards Planning Laws" article from the Institute for Business and Home Safety. Public Hearing Resolution 2003-019 Carlile Transportation Systems, Inc. application for a Conditional Use Permit to have a "Trailer, temporary office" use in the Industrial Zoning District Brown reviewed the location of the request by Carlile Transportation Systems, Inc to place and operate from, a trailer as a temporary office. He stated that Carlile had leased from the Alaska Railroad (ARR) a 20,000 square foot parcel of land located on the ARR terminal reserve in the Industrial Zoning District. He noted that the unit had been modified to meet the definition of a trailer; therefore it had been reviewed and inspected by the City Fire Department as a vehicle. City of Seward 7anuary 7, 2003 Planning Commission Minutes Volume 5, Pnee 326 Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. No one requested to be heard and the public hearing was closed. Commissioner McDonald declared a possible conflict of interest. It was ruled that Commissioner McDonald had a conflict and that he remove himself from the dais to take a seat in the audience until the topic of temporary offices was completed. Motion (Smith/Keil) Approve Resolution 2003-01 as written Keil spoke supporting the Conditional Use Permit. The Commission held a lengthy discussion on the definition of a trailer and a temporary office. Jeff Austin, Deputy Fire Chief stated that the State of Alaska and the City of Seward had adopted the International Building Code (IBC) therefore the City of Seward was required to meet or be more restrictive than the IBC with enforcement of the code. Motion (Griswold/Larson) Motion Passed Motion (Griswold/Larson) Amend Resolution 2003-01; Section 1, Paragraph F; by adding Condition Number 2. The trailer shall be skirted with an attractive material. Unanimous Amend Resolution 2003-01; Section 1; Paragraph F; Number 1 by adding "providing they remain in compliance" following the words to be granted by staff. The Commission discussed the option of two one year renewals issued by staff. Motion Passed Unanimous Motion (Roach'/Smith) Amend Resolution 2003-01, Section 1; Paragraph F, Condition Number 3. Designated parking for Five (S) vehicles shall be provided adjacent to the building. Roach' stated that designated parking in the large industrial area was an important public safety issue. Motion Passed Unanimous Vote on Main Motion as amended Motion Passed Unanimous Ci o Seu aTd Planning Commission Minutes . f Volume 5, Page 327 JLnuag 7 2003 Unfinished Business — None New Business - None Commission Comments Roach' thanked Stu Clark for addressing the Commission about taking a more pro -active role in the community. Larson informed the Commission that Seward was in danger of the recorders office being removed from the community. She noted that the office had been in Seward since the early 1900's. She stated that she was working with a task force to keep the recorders office in Seward and encouraged the Commission to support these efforts. Keil expressed concern as to why the Commission was not included in visionary ideas of the community. She questioned the thought that the Commission was currently being bypassed in the early stages of projects because of the tendency of the Commission to becoming stymied with details. McDonald concurred with Commissioner Roach' and Commissioner Keil. He expressed concern that the Commission was perhaps too detail oriented. He encouraged Commission in the future to look at the big picture. Griswold noted that the Commission had spent many hours on the Comprehensive Plan and expressed frustration that it was currently not complete. Citizens' Comments Stu Clark,1129 Cliff View, noted that he was glad to hear the Commission discuss the issue of the Commission involvement in community projects. Commission and Administration Response to Citizens' Comments Smith stated that the area currently being looked at for the downtown waterfront development project was a very valuable area. He noted that a plan for the area needed to be addressed for the future of Seward. Griswold requested that the liaison from City Council be added to the agenda to give a report at future Planning and Zoning regular meeting. City of Seward Planning Commission Minutes .7anuary 7 2003 Volume 5, Page 328 Adjournment The meeting was adjourned at 8:45 p.m. onna Glenz Planning Assistant SEAL , y A JJJJOF y83J�bg�� ,0lit b-� klv..zt c.V- Carol Grisw Chair City of Seward Planning Commission Minutes February 4, 2003 Volume 5, PtWe 328 * Note: All * Italic verbiage to fallow was submitted by Commissioner Lynn Hohl and added as an amendment to the minutes by vote of approval at the March 4, 2003 Planning and Zoning meeting. Call to Order The February 4, 2003 regular meeting of the Seward Planning and Zoning Commission was called to order at 7:30 p.m. by Carol Griswold, Chair. Opening Ceremony Commissioner Larson led the Pledge of Allegiance to the flag. Roll Call There were present: Carol Griswold, presiding, and Lynn Hohl Marianna Keil Kristi Larson Tim McDonald Sandie Roach' Planning Commission Minutes City of Seward Volume 5, Page 329 February 4, 2003 Comprising a quorum of the Commission; and Malcolm Brown, Planner Donna Glenz, Planning Assistant Absent was: Tom Smith Special Reports City Administration Report Brown reported that Gerry Welsh had returned to the City as the Engineer. He also noted that Quinn Tracy had returned as a temporary mapping technician. Brown noted that he had received phone contact from URS, the contractor currently working on the Comprehensive Plan. URS had stated they planned to present the Comprehensive Plan to the Commission for public release at the March 4, 2003 Commission meeting. He noted that staff had been extremely busy with the Centennial Symposium planned for February land 8, 2003. KPB Planning Commission Report Commissioner Hohl stated she had been out of town and had no report. *Except the Leirer Industrial Subdivision had received borough administrative approval. City Council Liaison Report Mayor Stu Clark addressed the Commission as the liaison from the City Council; he noted that another member of Council would be appointed as the liaison in the future. Mayor Clark highlighted the action items from the January 13, 2003 and the January 27, 2003 City Council meetings. Mayor Clark noted that a committee had been set-up to work on the Waterfront Development Project and encouraged the Commission to appoint the representative from Planning and Zoning to attend the future meetings. Other Reports, Announcements & Presentations — None Citizens' Comments on Agenda Items Not Scheduled for Public Hearing and Items Other Than Those on the Agenda - None Approval of Agenda and Consent Agenda Motion (Larson/Kell) Approve the Agenda and Consent Agenda City of Seward Planning Commission Minutes February 4, 2003 Volume 5 Pape 330 Motion (Griswold/Larson) Add Item D under New Business to the Agenda; Appointing a Planning and Zoning representative to the Waterfront Planning and Development Committee. Motion Passed Main Motion Passed Unanimous Consent Unanimous Consent The Chair noted that the January 7, 2003 Regular Meeting Minutes had been approved on consent agenda. Public Hearing Resolution 2003-02, recommending City Council and Kenai Peninsula Borough approval of the Preliminary Plat Review of the Olympia Drive Right of Way Acquisition, Consisting of Portions of Section Lot 1 and the NE'/a of the Section 33 Township 1 North, Range 1 West, Seward Meridian, Alaska, City of Seward, Seward Recording District, Containing 2.28 acres Brown read the title of the Public Hearing into the record. He noted that the intent of the acquisition was to obtain a Right -of -Way easement to allow a water line extension from the Gateway Subdivision down to the Forest Acres Subdivision. Brown stated that a "lay -down" item had been placed before the Commission requesting an additional condition be added to the resolution. He noted that staff had requested that Section 1, Condition 3 read, "Subdivider must enter into a subdivision installation agreement with the City of Seward prior to final approval of the plat, as per Seward City code § 16.052.015". Commissioner Griswold declared a conflict of interest as an adjoining property owner to both Resolution 2003-02 and 2003-03, and removed herself from the dais to take a seat in the audience until the public bearings were completed. The gavel was passed to the senior member present, Commissioner Larson. *Commissioner McDonald asked how much was being paid for the easement. Brown replied acquisition cost was still being negotiated. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. No one requested to be heard and the public hearing was closed. Motion (Keil/McDonald) Approve Resolution 2003-02 Hohl addressed concerns that only the residents within the 300-foot code requirement had been notified by mail of the public hearing. She asked that the rules be suspended to ask questions of the property owner, Al Schafer. *Hohl stated the agenda statement is not complete and is misleading to the public. She had attending the council meeting that preceded this preliminary plat. This action is not acquisition of City of Seward Planning Commission Minutes Volume 5, Page 331 February 4 2003 an easement but rather acquisition of a public right-of-way which allows development of a road. *WC Casey, City Public Works Director noted his interest in the right-of-way solely for utility extension and knew of no City plans for future road development. Rules relaxed to allow Al Schafer to answer question from the Commission. In response to Hohl, Schafer stated that he had agreed to give the Right of Way to the City at no charge. Schafer noted that the Right of Way with the water and sewer extension was a benefit to the Forest Acers Subdivision, the City of Seward and himself. Schafer stated that he planned to develop the Right of Way into a road in the future. The Commission discussed the issue of road development. It was concluded that the future road had to be built to City road standards and that Schafer address his concerns when the plat cames before Council. * Commissioner Hohl quoted the May 1995 City of Seward Land Management Plan which supports an access along Hemlock Street connection Gateway Subdivision and the Seward Highway. * Hohl noted recommendation to name the right-of-way Olympia Road did not appear to meet borough road naming standards. Motion (Keil/Hohl) Amend Resolution 2003-02, Section 1, Condition 1; replace sentence one with "The Right -of -Way name shall be determined on the plat ". Change the second sentence to read "The name shall be determined to provide continuity ....." *Keil indicated this was a housekeeping motion to eliminate confusion. Motion Passed Unanimous Motion (Hohl/Keil) AmeAtl Resolution 2003-02; Section 1, delete Condition 2. Hohl stated that the Hemlock Street label on the plat was status and was not part of the current plat; therefore it could not be changed on this plat. Motion Passed Unanimous Motion (Keil/Hohl) Amend Resolution 2003-02; change the title of the plat to read "Schafer Property Right - of -Way Acquisition, consisting of ....... Motion Passed Unanimous Consent City of Seward Planning Commission Minutes February 4, 2003 Volume 5, Page 332 Hohl suggested that the property owner/sub-divider must enter into a subdivision installation agreement with the City at the time of any future development within the Right -of -Way. Motion (McDonald/Keil) Amend Resolution 2003-02, Section 1, Condition 2; recommending the Subdivision Installation Agreement be waved at this time. McDonald stated that should the property owner replat in the future; the subdivision installation agreement would be required at that time. *McDonald stated this seemed logical since the subdivision is at City request for right-of- way acquisition not development. Larson spoke in support of the subdivision installation agreement at the time of any future subdivision. Note: Commission relaxed the rules. *Larry Harmon, 2401 Oak Street expressed confusion between the two proposals before the commission. He asked whether this would become a road. *Larson responded yes if this goes through. *Harmon continued that everybody in Forest Acres was in support of the levy road to get traffic out offorest Acres. Although he supports connecting Gateway with the highway, he does not believe Forest Acres is ready. *Brown pointed out the routes being discussed on the map to Harmon. *Harmon noted the poor intersection at Dimond and Ash. *Brown confirmed this as a bad intersection. *Harmon questioned putting additional cars at the intersection noting it was also a school bus stop. *Commissioner Hohl responded that was why she had mentioned she didn't think Forest Acres residents were aware of this proposal stating she is a resident of Forest Acres and was not notified personally of this action. Only those residing within 300 feet were notified of either action. She noted traffic could travel down either Ash or Hemlock if these two proposals are approved. *Harmon, I think before the road gets developed and pushed through, everyone in Forest Acres should have opportunity to speak He added something had to be done at Ash and Dimond before either went through. *Commissioner Hohl agrees with Harmon's concerns and indicated there are other issues Planning Commission Minutes City of Seward Volume 5 Page 333 February 4 2003 involved including Ash being primarily a 40 foot right-of-way whale city minimum street width is 50 foot and the Borough is 60 foot. The likelihood Ash will ever be widened to 60 foot is next to impossible. Commissioner Hohl indicated Forest Acres residents came out in droves another time when this issue was discussed. *Larson was assured Hemlock could also be a corridor provided the next motion passes which would provide two exit corridors. *McDonald indicated development of the right-of-way is several years down the road so we have some time to address these concerns and supports the passage to facilitate the infrastructure development. He reminded the commission and public the item would also be going before Council. Motion Passed Motion (Hohl/ . . .) Motion Failed Vote on Main Motion as amended Motion Passed Unanimous Amend Resolution 2003-02, Move to post pone. Due to lack of second Unanimous Resolution 2003-03, recommending City Council and Kenai Peninsula Borough approval of the Preliminary Plat Review of the Hemlock Street Right of Way Acquisition, Consisting of a Portion of U.S.S.1864 within the NW '/a Section 34, Township 1 North, Range 1 West, Seward Meridian, Alaska, City of Seward, Seward Recording District, Containing 0.989 acres Brown read Resolution 2003-03 into the record. He stated that the City was currently encroaching onto private property at the corner of Cedar and Hemlock. He noted that the Right -of - Way Acquisition would eliminate the encroachment. W.C. Casey, City Public Works Director, stated that the current project was for water and sewer utility development only. *He added the City had grant money in hand for the utilityproject. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. No one requested to be heard and the public hearing was closed. Motion (McDonald/Roach') Approve Resolution 2003-03 McDonald noted that he supported the water and sewer line development in the area. The Commission discussed the acquisition request of 30 feet on the Hemlock Right -of -Way. Roach' noted that the total Right -of -Way was 50 feet, not the Borough standard of 60 feet. *The Commission discussed the standard of 60 foot right-of-way. Cip ofSeuiard Planning Commission Minutes February 4, 2003 Volume 5 Page 334 Commissioner Roach' questioned whether the easement along the western boundary would need to be matched at a future date. Commissioner Hohl noted Commissioner Larson'spreliminary research indicated a 33 foot section line easement could already exist on both sides of that property line. Whether the City wanted to use that easement or not was unknown but the property owner seems to have indicated a preference for the right-of-way route that was part of the previous action. She further indicated, as in the previous action, this was not a simple easement for utilities which can be accomplished by document but a public right-of-way acquisition. Motion (Roach'/Hohl) Amend Resolution 2003-03 Adding Section 1, Condition 2. Recommending Right -of - Way Acquisition be increased to 40 feet in width on Hemlock Avenue. *Commissioner Hohl disclosed a possible ex parte contact with the property owner prior to knowing this would ever come before our commission thinking that action on the acquisition would be a Council not Commission item. She had read a proposed document given to the property owner which clearly stated one of the purposes of the acquisition was to develop a future road. She supported increasing the right-of-way to Borough minimum standards. * Chair Larson suspended the rules and a member of the audience asked the difference between the SO foot and 60 foot requirement noting the agenda statement indicated Borough standards were 50 foot. The statement was verified as incorrect. *Commissioner McDonald asked the property owner if there was an objection to increase the acquisition to 60 foot. The property owner choose not to respond. Larson stated support for the 10-foot increase to bring the Right -of -Way up to the 60-foot Borough Code requirement; however she was reluctant to require the full increase from one property owner. *It was clarified this acquisition is not a taking and we are making a recommendation which the owner and Council can accept or not. Motion Passed Motion (Hohl/Roach') Motion Passed Vote on the main motion, as amended Unanimous Amend Section 1, Condition 1; Strike the 2nd sentence and replace with "This shall be deferred to the Borough, if that Right -of - Way or 33.76 foot easement requires naming then the property owner be given the first opportunity to name." Unanimous Planning Commission Minutes City of Seward Volume 5, Page 335 February 4, 2003 Motion Passed Unanimous Commissioner Griswold took her position as Chair on the dais. Unfinished Business — None New Business Establish a work session to direct further actions by staff concerning the EnnisBencardino request for trade of lands. Brown stated that two separate property owners of property located adjacent to the City owned Two Lake Park had requested the City vacate the alley in Block 22 and portions of D Street in trade for portions of several lots adjacent to these properties. Brown noted that this proposal had been brought before the City several times and was a very large and convoluted issue, requiring a large amount of time and money to complete. The Commission discussed the request of a work session and the consensus was that the issue had been placed on the Planning and Zoning To Do List in the past and directed that staff move forward as time allows to resolve the issue without a further work session. Establish a work session to direct further actions by staff concerning the Marina Motel request to trade a south portion of Lot 4, US Survey 241 for a portion of the east side of Alice Street Brown reviewed the request from the property owner. He stated that Phoenix Road was encroaching over the south portion of the property. The property owner had requested that the City trade a portion of the Alice Street Right -of -Way for the current encroachment of Phoenix Road. The Commission discussed the encroachment and requested that the administration continue to research the options and bring a proposal back to the Commission. Appointing a Planning and Zoning representative to the Waterfront Planning and Development Committee. Brown stated that the City Council had appointed a committee and was requesting the Commission appoint a representative to attend the Waterfront Planning and Development meetings. The Commission discussed the issue and requested to suspend the rules to ask questions of Mayor Clark. In response to Griswold, Mayor Clark stated that the role of the representative from the Commission was to act as the liaison back to the Commission and to take an active role in representing the interests of the Planning and Zoning Commission in the planning process of the development. He noted that the meetings would be official publicly noticed meetings. Keil nominated Sandy Roach' to represent the Commission. By unanimous consent of the City of Seward Planning Commission Minutes February 4, 2003 Volume 5 Page 336 Commission Sandy Roach' was selected and accepted the role of representing the Commission on the Waterfront Planning and Development Board. Informational Items and Reports (No action required) Tim Berg Grande Alaskan Lodge zoning violations update Brown noted that staff had continued to contact Tim Berg regarding the alleged zoning violations. He stated that the City had received several complaints from citizens about the operation of the lodge in a single family residential zoning district. Brown concluded that a resolution had not currently been reached; however staff and the city attorney would continue to work on the issue. Griswold thanked Brown for the continued effort to bring the issue into compliance with the code; noting that she had also received several contacts from concerned citizens. Conditional Use Permit 2002-01, the Pruitt Hotel update Brown noted that the applicant (Jim Pruitt) had submitted the application for a building permit for a 79 unit hotel and business center in the Small Boat Harbor. The applicant had received a Conditional Use Permit (CUP) with sixteen (16) conditions in January of 2002; subsequently two (2) conditions were repealed by the Board of Adjustments. In March of 2002 a CUP was issued with 14 conditions. Brown stated that the plan was for a first floor restaurant/ lounge, breakfast/meeting room and three (3) retail units. The second and third floor ofthe building was planned for the 79 unit hotel. He continued by stating that the applicant had met some ofthe conditions and was continuing to work on the rest. Brown noted that the first thirteen (13) conditions were to be reviewed by staff and that when all thirteen (13) had been met, condition fourteen (14) stated that the final review of the site plan was to be done before the Planning and Zoning Commission. Brown encouraged the Commission to drop into the Community Development Office to review the site plan and discuss the conditions on the CUP. The Commission discussed the need to hold a work session to review and be refreshed on the site plan before the final review at the Planning and Zoning meeting. Commission Comments Roach' requested an update on the recorders office from Commissioner Larson. Larson reported that the task force had continued to work to keep the recorders office in Seward. She noted that the task force was currently waiting for comment back from the local legislators on the letters of support that had been submitted. She stated she will continue to work on the issue and bring information back to the Commission. Griswold thanked Commissioner Larson for presiding over the two plating issue that had been on the agenda. Citizens' Comments City of Seward Planning Commission Minutes Volume 5, Page 337 February 4 2003 Doug Olson, 314 Second Avenue, voiced concern that special interest was being given to a personal project in the Waterfront Planning and Development Project. He noted that the current riprap that was being added to the shore line was unsightly and hampered access to the beach. Olson spoke against the Small Boat Harbor Master Plan that was currently being worked on. He voiced strong concern against the portion of the plan that would turn the only beach area in Seward into a parking lot. Stu Clark,1129 Cliff View, stated that the current City Right -of -Way standard of 50 feet and the Borough Right -of -Way standard of 60 feet should be reviewed and brought into agreement. Nina Daley, 416 Fourth, congratulated Commissioner Roach' on her appointment to the very important job of representing the Commission on the Waterfront Planning and Development Project. She noted that the Planning and Zoning representative had a large job to see that any future project met the criteria of the Seward Comprehensive Plan, the Strategic Plan and other City plans that had been developed by many hours of citizen input. Commission and Administration Response to Citizens' Comments Brown stated that the Department of Transportation (DOT) was issuing a Request for Proposal (RFP) for a Master Plan of the Seward Airport. He also noted that the Alaska Railroad (ARR) was continuing to work on the Master Plan of the Railroad property. Brown concluded by stating that an issue had been brought up regarding the current City code on curb cuts. He noted that the code currently limits all curb cuts to 25 feet. He stated that with the development of streets and gutters in the industrial area, the 25 foot curb cut limit had become an issue for commercial and industrial use and was in the process of review by staff. Casey assured the Commission that the current staff and administration for the City was working on extending the water and sewer utility from the Gateway Subdivision into the Forest Acres Subdivision. He reiterated that there currently was no plan or agenda to expand any public road access during the construction of the water and sewer extension. McDonald stated he valued the citizen comments on the Waterfront Planning and Development Project. He noted that the project was moving very fast and he commented that caution needed to be taken to ensure the project did not get out of control. Hohl noted that the Right -of -Way width standard was located in the Subdivision portion of the City Code. She stated that the subdivision portion of the code was not controlled by the Planning and Zoning Commission; but that it came under the Public Works and Engineering Departments. City of Seward Planning Commission Minutes February 4, 2003 Volume 5, Page 338 Adjournment The meeting was adjourned at 10:10 p.m. Donna Glenz Planning Assistant %I;a111111 9a�e s (City Se° o : SEAL .yam•• ...�•••'' 'r+OF ALP°sue` City of Seward March 4, 2003 Call to Order l q-� �ti Carol GriswoM Chair Planning Commission Minutes Volume 5. Page 338 The March 4, 2003 regular meeting of the Seward Planning and Zoning Commission was called to order at 7:30 p.m. by Carol Griswold, Chair. Opening Ceremony Commissioner Larson led the Pledge of Allegiance to the flag. City Clerk, Jean Lewis administered the Oath of Office to new Commissioner Nina Daley. Daley took her seat at the dais. Roll Call There were present: Carol Griswold, presiding, and Oze- Av 14, Page 51 KPB Planning Commission Report GLr P /44-1..-*-t40Q ✓...report except the Leier Industrial Subdivision had received borough administrative approval. Page 52 Public Hearing Resolution 2003-02 Commissioner McDonald asked how much was being paid for the easement. Brown replied acquisition cost was still being negotiated. Page 53 Motion (Keil/MCDonald) Approve Resolution 2003-02 Hohl stated the agenda statement is not complete and is misleading to the public. She had attending the ✓ council meeting that preceded this preliminary plat. This action is not acquisition of a easement but rather acquisition of a public right-of-way which allows development of a road. Hohl addressed concerns... In response to Hohl....City of Seward and himself... WC Casey, City Public Works director noted his interest in the right-of-way solely for utility extension and knew of no city plans for future road development. Schafer stated ... comes before Council... Commissioner Hohl quoted the May 1995 City of Seward Land Management Plan which supports an access along Hemlock Street connecting Gateway Subdivision and the Seward Highway. ,,,,Hohl noted recommendation to name right-of-way Olympia Road did not appear to meet borough road naming standards. Motion (Keil/Hohl) Amend Resolution 2003-02; change the title... ✓ Keil indicated this was a housekeeping motion to eliminate confusion. Page 54 McDonald stated... required at that time. This seemed logical since the subdivision is at city request for right-of-way acquisition not development. Larson spoke ... any future subdivision. Larry Harmon, 2401 Oak Street expressed confusion between the two proposals before the commission. ✓ Asked whetherthis would become a road. ve Larson responded yes if this goes through. / 4Qr►Ke h 1,5p� continued that everybody in Forest Acres was in support of the levy road to get traffic out of Forest Acres. Although he supports connecting Gateway with the highway, he does not believe Forest Acres is ready. ABrown pointed out the routes being discussed on the map to Harmon. Harmon noted the poor intersection at Dimond & Ash. ✓Brown confirmed this as a bad intersection. --Harmon questioned putting additional cars at that intersection noting it was also a school bus stop. Commissioner Hohl responded that was why she had mentioned she didn'think Forest Acres residents were aware of this proposal stating she is a resident of Forest Acres and was not notified personally of this 91 action. Only those residing within 300ft were notified of either action. She noted traffic could travel down either Ash or Hemlock if these two proposals are approved. Harmon I think before the road gets developed & pushed through, everyone in Forest Acres should have the opportunity to speak. He added something had to be done at Ash and Dimond before either went through. Commission Hohl agrees with Harmon's concerns and indicated there are other issues involved including Ash being primarily a 40ft right-of-way while city minimum street width is 50ft and the borough is 60ft. The likelihood Ash will ever be widened to 60ft is next to impossible. Commission Hohl indicated Forest Acres residents came out in droves another time when this issue was discussed. Larson was assured Hemlock could also be a corridor provided the next motion passes which would provide two exit corridors. McDonald indicated development of the right-of-way is several years down the road so we have some time to address these concerns and supports passage to facilitate the infrastructure development. He reminded the commission and public the item would also be going before council. WC Casey... utility development only. He added the city had grant money in hand for the utility project. The Commission discussed... standard of 60 feet. Commissioner Roach questioned whether the easement along the western boundary would need to be matched at a future date. Commissioner Hohl noted Commission Larson's preliminary research indicated a 33ft section line easement could already exist on both sides of that property line. Whether the city wanted to use that easement or not was unknown but the property owner seems to have indicated a preference for the right-of-way route that was part of the previous action. She further indicated, as in the previous action, this was not a simple easement for utilities which can be accomplished by document but a public right-of- way acquisition. Motion (Roach/Hohl) Amend Resolution 2003-03 Adding Section... Commissioner Hohl disclosed a possible ex -parts contact with the property owner prior to knowing this would ever come before our commission thinking that action on acquisition would be a council not / commission item. She had read a proposed document given to the property owner which clearly stated one of the purposes of the acquisition was to develop a future road. She supported increasing the right-of-way to borough minimum standards. Chair Larson suspended the rules and a member of the audience asked the difference between the 50ft and i/ 60ft requirement noting the agenda statement indicated borough standards were 50ft. The statement was verified as incorrect. Commissioner McDonald asked the property owner if there was an objection to increase the acquisition to / kOff. The property owner choose not to respond. 40 �t. Page 54 Larson stated support....from one property owner. It was clarified this acquisition is not a taking and we are making a recommendation which the owner and council can accept or not. City of Seward March 4, 2003 Nina Daley Lynn Hohl Marianna Keil Kristi Larson Sandie Roach' Tom Smith Comprising a quorum of the Commission; and Malcolm Brown, Planner Donna Glenz, Planning Assistant Special Reports City Administration Report Planning Commission Minutes Volume 5, Pape 338 Brown stated that he would be out of the office until the 24`h of March with National Guard duties. He noted that Smoky Seafoods had leased City owned property previously leased by Ward Cove Packing. He stated that the Water Front Development Committee had met February 20, 2003 and Commissioner Roach' had submitted minutes and comments to the Commission. Brown reviewed the work that Quinn Tracy, the GIS mapping tech, had accomplished for the Comprehensive Plan. City Council Liaison Report Mayor Stu Clark addressed the Commission as the liaison from the City Council. Mayor Clark highlighted the action items from the February 10, 2003 and the February 24, 2003 City Council meetings. Mayor Clark noted that Council had passed an Ordinance to appropriate $2,500.00 on the sales tax election. Mayor Clark noted that the City had been advised that it must register with Alaska Public Offices Commission (APOC). Vanta Shafer was elected as the Vice Mayor. Council passed a Resolution supporting the USDA Forest Service proposal to improve the Iditarod National Historic Trail. Mayor Clark noted he would continue to be the liaison from the Council to the Commission. Council discussed the establishment of various standing committees; City Property, Economic Development, Community Health & Social Services, and Infrastructure &Utilities. Mayor Clark welcomed new Commissioner Daley and Commissioner Griswold's reappointment to the Commission. In response to Hohl, Mayor Clark stated that the meetings of the committees would be informal and that the ideas would be brought forward to Council at publicly noticed work sessions. KPB Planning Commission Report Commissioner Hohl submitted a written report of the recent Borough Planning Commission meetings. She noted that the Planning Commission had found Blaine Bardarson's revised project between Nash Road and Old Nash Road to be consistent with the Borough Coastal Zone Management Program. Other Reports, Announcements & Presentations — None City of Seward Planning Commission Minutes March 4, 2003 Volume 5, Page 339 Citizens' Comments on any subject except those items scheduled for public hearing. — None Approval of Agenda and Consent Agenda Hohl requested the February 4, 2003 minutes pulled from the consent agenda and placed on the Agenda under New Business for action. Motion (Hohl/Griswold) Approve the Agenda as amended Motion Passed Public Hearing Unanimous Consent Resolution 2003-04, recommending City Council approval of Ordinance 2003- _, Amending the Land Use Plan of a portion of Forest Acres Subdivision from Single Family Residential (R1) to Rural Residential (RR) Brown stated that property owners within the current Single Family Residential zoning district of Forest Acres Subdivision had requested a rezone to Rural Residential. He noted that to accomplish the requested zoning change the land use plan was required to change from Single Family Residential to Rural Residential. Commissioner Daley requested a conflict of interest ruling as the property owner ofLot BI in Forest Acres subdivision. It was ruled there was no direct financial gain or loss, and therefore no conflict of interest was found. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. Dale Hoogland, 2503 Cedar Street, spoke in favor ofthe Land Use Plan change from Single Family Residential to Rural Residential. Hoogland requested a review of the livestock permit application. Brown reviewed the livestock permit application and the City code. He noted that the minimum lot size was 20,000 square feet per animal. Donna Samford 2011 LaTouche Circle, spoke in support of the Land Use Plan change and rezone for the Forest Acres Subdivision. She stated she had purchased property with the understanding that she would be able to have her horse on it. She was later informed that the property was zoned Single Family Residential. Larry Harmon, 2401 Oak Street, spoke in support ofthe Land Use Plan change and rezone. He stated he was strongly against the "cluster subdivisions" that the Single Family Residential zone allowed. City ofSetr and Planning Commission Minutes 340 March 4 2003 Volume 5, Page Brown stated for clarification that a "cluster subdivision" was possible in the Single Family Residential zoning district because the minimum lot size of the Single Family Residential zone was 7,000 square feet. He reviewed that the minimum lot size for the Rural Residential was 20,000 square feet. No one else requested to be heard and the public hearing was closed Motion (Hohl/Keil) Motion (Hohl/Larson) Motion Passed Approve Resolution 2003-04 Amend Resolution 2003-04, first Whereas change staff to applicants, change twenty- eight to various; delete verbiage following "to" and add belonging to the following owners: (list owners) Yes: Larson, Daley, Smith, Hohl Keil Griswold No: Roach' Commission discussed the "house keeping" changes to Resolution 2003-04. It was noted that staff was directed to continue the "house keeping" changes through to the Amending the Land Use Plan from Single Family Residential to Rural Residential, Ordinance 2003-_. Motion (Roach'/ ) Postpone Resolution 2003-04 until the next regular meeting, to allow time for further public work sessions. Motion Failed due to lack of second Vote on Motion 2003-4 as amended Motion Passed Unanimous Resolution 2003-05, recommending City Council approval of Ordinance 2003- _, changing the Zoning of twenty-eight (28) lots in Forest Acres Subdivision from Single Family Residential (Rl) to Rural Residential (RR) Brown noted that Resolution 2003-04, was the zoning change to follow the Land Use Plan change of Resolution 2003-04. He stated that several lots currently zoned Single Family Residential in the area west of Maple Street were under the 20,000 square foot minimum required in the Rural Residential zone. Brown explained that the lots under the 20,000 square foot minimum could be included in the rezone as non -conforming lots. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. No one requested to be heard and the public hearing was closed. City of Seward March 4, 2003 Motion (Larson/Roach') Planning Commission Minutes Approve Resolution 2003-05 Volume 5. Pane 341 Larson stated she supported the Resolution and the Ordinance provided the "house keeping" changes were brought forward by staff. Motion Passed Unanimous Resolution 2003-06, recommending City Council approval of a partial vacation of right of way of the undeveloped alley along the East boundary of Two Lakes Park and fifty feet of the undeveloped portion of D Street on the East boundary of Two Lakes Park and the trade of the East half of City owned Lot 7, Block 16, Federal Addition to Seward in return the City will receive the West half of Lots 3 and 4, Block 22, Federal Addition to Seward. Brown reviewed the request to vacate the twenty (20) foot wide undeveloped alley right-of- way and the fifty (50) foot undeveloped right-of-way of D Street located to the east of Lot 1-B, owned by the applicant, and the trade of the east fifty (50) feet of City owned Lot 7, Block 16 Federal Addition, in return the City would receive the west fifty (50) of Lots 3 and 4, Block 22, Federal Addition owned by the applicant. Brown stated that the west fifty (50) feet of Lots 3 and 4, Block 22 was located on the top of the bluff within the Two Lakes Park area. Hohl voiced concern that the survey lines follow the bluff line. Brown stated that the survey costs were to be paid by the applicant and that the surveyor had recommended following a corner pin survey. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. No one requested to be heard and the public hearing was closed. Motion (Keil/Larson) issue. Approve Resolution 2003-06 Keil stated that she supported the resolution noting that the Comprehensive Plan supports the Larson noted that she was not in support of the resolution; she noted she was requesting more information as to the location of the bluff line. Commission discussed the bluff line location. The Commission concurred that the property line should follow the bluff line. Noting that the property above the bluff line should belong to the Two Lakes Park and the property below the bluff should belong to the applicant. Motion (Larson/Smith) Postpone Resolution 2003-06 until the survey work can be accomplished to establish the bluff line provided this can be accomplished within the next three months. Motion Passed Unanimous City of Seward March 4, 2003 Planning Commission Minutes Volume 5, Page 342 Resolution 2003-07, recommending City Council approval of a partial vacation of right of way of the undeveloped alley and the twenty feet adjacent to the West boundary of that undeveloped alley, which will be taken from the undeveloped portion of Van Buren Street and the East twenty feet of City owned Lots 38, 39 and 40, Laubner Addition to Seward, in return the City will receive the West eighty feet of Lots 21 and 22, Block 11, Laubner Addition to Seward Brown reviewed Resolution 2003-07 stating that the applicant had requested the vacation of the twenty foot undeveloped alley right-of-way and the east 20 feet of the undeveloped Van Buren Street right-of-way; located to the west of the property owned by the applicant. Brown noted the applicant had also requested the east twenty (20) feet of City owned Lots 38, 39 and 40 Laubner Addition. The applicant had proposed to trade to the City the area on the bluff within the Two Lakes Park currently owned by the applicant consisting of the west eighty (80) feet of Lots 21 and 22, Block 11, Laubner Addition. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. Louis Bencardino, 1103 Second Ave, spoke as the applicant and property own of Lots 21 and 22, Block 11, Laubner Addition, located within the Two Lakes Park. He stated that his surveyor had suggested the property line be extended forty (40) feet to the west from his property by a Mets and Bounds survey. No one else requested to be heard and the public hearing was closed Motion (Larson/Smith) Approve Resolution 2003-07 Larson stated the location of the bluff line was also unknown on this issue. Motion (Larson/Smith) Motion Passed Unfinished Business Item for Reconsideration Postpone Resolution 2003-07 until the survey work can be accomplished to establish the bluff line provided this can be accomplished within the next three months. Unanimous Resolution 2% -03 recommending City Council and Kenai Peninsula Borough approval of tko ]Preliminary Plat Review of the Hemlock Street Right of Way Acquisition, Consisting of a Portion of U.S.S.1864 within the NW `A Section 34, Township 1 North, Range 1 West, Seward Merjoian, Alaska, City of Seward, Seward Recording District, Containing 0.989 acres. City of Seward Planning Commission Minutes March 4. 2003 Volume 5, Page 343 Commissioner Griswold declared a conflict of interest as an adjoining property owner to Resolution 2003-03. It was ruled Griswold had a conflict and she removed herself from the dais to take a seat in the audience until issue was completed. The gavel was passed to Vice -Chair Smith. Motion (Roach'/Daley) Reconsider Resolution 2003-03 Roach' stated that the Commission had received a letter from a property owner that stated he had felt he had been denied his public opportunity to speak during the public hearing. Keil stated she did not support the reconsideration request. She noted that the issue would come before City Council in the future and stated that the property owner had the opportunity to address his concerns at that time. Motion Failed Yes: Roach' No: Hohl, Keil, Larson, Daley, Smith Commissioner Griswold took her position as Chair on the dais. New Business February 4, 2003 Regular Meeting Minutes Hohl presented the Commission with a lay down list of changes she had requested be added to the February 4, 2003 regular meeting minutes. Motion (Hohl/Larson) Approve the Hohl lay down revisions to the February 4, 2003 minutes. Hohl stated that she felt the minutes did not reflect the discussion held by the Commission with enough detail and that a member of the public had spoken and had not been included in the minutes. Larson stated that there was a housekeeping change to the Hohl revisions; she noted that the fifth paragraph from the bottom of the first page was Harmon speaking not Larson. Griswold noted that the second paragraph from the bottom on the second page had a housekeeping change that was 40 feet not 60 feet. Motion Passed Unanimous Roach' addressed the discussion that was held of the selection of a Commissioner to attend the Waterfront Development Meetings. She noted she had spoken with Mayor Clark following the meeting and that the intent of the representative was to take an active role at the meetings. She stated she believe the portion of the discussion containing the word liaison should be struck from the minutes. City of Seward March 4, 2003 Planning Commission Minutes Volume 5, Page 344 Daley stated the minutes had to reflect what was stated at the meeting not what was clarified at a later time. Griswold stated she understood that the job ofthe representative was to take an active role in the planning process of the development, and report back to the Commission. Following a lengthy discussion by the Commission it was stated that Commissioner Roach' and staff would review the tape and clarify what was stated. Informational Items and Reports (No action required) - None Commission Comments Hohl stated she would try to speak up so that the back of the room was better able to hear. Smith apologized for missing several meetings; he noted he had been out of town on business. Larson welcomed Daley to the Commission. Keil also welcomed Daley to the Commission. Griswold thanked Tim McDonald for the time he served on the Commission. She concurred with Larson and Keil in welcoming Daley. Griswold thanked the staff for the large wall maps and visual aids. She stated she would like to address the issue of the public being required to state their address when they speak before the Commission. She noted that in other communities' speakers addressing the official body at a public meeting declare whether they are a resident or non-resident. Griswold referred the issue to administration to look into and try to have changed. Citizens' Comments Jonathan Sewall 2403 Dimond, thanked the Commission for approving Resolution 2003-03 and 2003-04. He spoke to the Open Meetings Act. He noted that at anytime two or more members, Commissioners, Assembly persons, Council members met together and discuss any agenda item this is a violation of the Open Meetings Act. David Squires, 2423 Maple Street spoke as a property owner in the Forest Acres Subdivision. He thanked the Commission for approving Resolution 2003-03 and 2003-04. Commission and Administration Response to Citizens' Comments Keil spoke in support ofthe Griswold request to change the address requirement ofthe public when addressing the Commission. Smith concurred with Keil and Griswold. City of Seward March 4. 2003 Adjournment The meeting was adjourned at 9:40 p.m. Donna Glenz Planning Assistant ®�®6srr�rrrs�� (City Seal) Cjj , r1F'ORq��. a ®� SEPAL ' o ,a Q Ole City of Seward 4pril1, 2003 Call to Order Carol Griswol Chair Planning Commission Minutes Volume 5. Pane 345 Planning Commission Minutes Volume 5, Paee 345 The April 1, 2003 regular meeting of the Seward Planning and Zoning Commission was called to order at 7:30 p.m. by Carol Griswold, Chair. Opening Ceremony Commissioner Hohl led the Pledge of Allegiance to the flag. Roll Call There were present: Carol Griswold, presiding, and Lynn Hohl Marianna Keil Kristi Larson Sandie Roach' Tom Smith City of Seward Planning Commission Minutes Volume 5, Page 345 April 1 2003 Comprising a quorum of the Commission; and Malcolm Brown, Planner Donna Glenz, Planning Assistant Absent was: Nina Daley, excused Special Reports City Administration Report Brown reported that the draft Jesse Lee Historic Structure Report had arrived at the Community Development Office. He stated that the next work session for the Comprehensive Plan was scheduled for April 15, 2003 at 6:30 pm. Brown reported that Council had approved the exchange of lease holdings in the Small Boat Harbor, with the Alaska Railroad consisting of the City owned "Sliver" and the Alaska Railroad owned properties of which the City owned waste oil recovery station and the fish cleaning station were encroaching on. City Council Liaison Report Mayor Clark was unavailable. KPB Planning Commission Report Commissioner Hohl submitted a written report of the recent Borough Planning Commission meeting. In response to Griswold, Brown stated that a request for an easement across the tidelands at approximately Monroe Street was currently being looked into for a Fiber Optic Cable. The Commission requested that the administration research the possibility of service for Seward be included in any lease options. Other Reports, Announcements & Presentations — None Citizens' Comments on any subject except those items scheduled for public hearing. — None Approval of Agenda and Consent Agenda The Chair read the titles of the following consent agenda items: The February 4, 2003 regular meeting minutes as amended and March 4, 2003 Regular Meeting Minutes. Motion (Hohl/Larson) Remove the March 4, 2003 regular meeting minutes from the consent agenda and place on agenda for discussion. City of Seward Planning Commission Minutes April I, 2003 Volume 5, Page 347 Commission at the December 3, 2002 Planning and Zoning meeting; the City attorney determined that the Ordinance was "too vague and therefore invalid". He noted that the recommendation from the City attorney was to rescind Resolution 2002-26. Motion (Hohl/Smith) Approve Resolution 2003-08 In response to Hohl, Brown stated that the report from the City attorney was included in the January packet. Smith stated he was unclear as to the need of a resolution to rescind a previous resolution. Keil stated that Resolution 2002-26 currently had not moved forward to Council and she was unclear as to the need to rescind the resolution, she stated the action to pass or fail the resolution was determined by Council. Hohl stated for clarification that the Commission was not in favor of rescinding Resolution 2002-26 because the intent to allow temporary structures in the Industrial Zoning District was currently still the intention of the Commission. Griswold summarized her thoughts on the issue by stating that before the City Council had adopted the International Building Code (IBC), temporary structures were allowed within the City. She noted that with the adoption of the IBC by City Council, temporary structures were no longer allowed. She stated that the action of rescinding Resolution 2002-26 was a procedure that needed to happen because the Commission had sent forward an action that was currently illegal and had been ruled vague by the City attorney. Hohl withdrew her motion to approve Resolution 2003-08; Smith withdrew his second. Hohl stated that she did not believe that a Resolution was required to rescind another Resolution. Motion (Hohl/Larson) Rescind the approval of Resolution 2002-26 Hohl stated that Resolution 2002-26 was "repairable" because it had not gone forward to Council. She noted that to repeal an action previously taken required a two -third majority without notice and a simple majority with notice. She stated that a motion was all that was needed to correct the previous action. Griswold questioned the difference in the Hohl motion and Resolution 2003-08. Hohl stated that she felt Resolution 2003-08 was unnecessary. Motion Passed Unanimous The Commission requested that the minutes reflect that the intent of the Commission was to direct staffto bring the issue of amending the Seward Zoning Code to allow temporary structures in the Industrial Zoning District back before the Commission. City of Seward Planning Commission Minutes Volume 5, Page 348 April 1 2003 February 4, 2003 Regular Meeting Minutes as amended Griswold questioned why the February minutes had been brought back before the Commission. Staff explained that it was the request of the Commission that the minutes be brought back for final approval after the Hohl amendments had been added. Griswold also asked if the tape had been reviewed regarding the clarification of Commissioner Roach' as a liaison for the Waterfront Development Committee. Staffreported that the tapes had been reviewed and that the verbiage was nearly word for word to what Mayor Clark had stated. March 4, 2003 Regular Meeting Minutes Hohl requested that her statement "a member of the public had spoken and had not been included in the minutes" be added to the explanation of why she was requesting the additions to the February minutes. Hohl also stated that the minutes did not reflect that the Commission had requested the February minutes be brought back for Commission approval. Staff stated that the February minutes were pulled from the consent agenda and that the only motion brought forward was to approve that the Hohl amendments be added to the minutes. Staff noted that the Commission had not passed a motion approving the February minutes; therefore the minutes were placed on the agenda for approval following the addition of the Hohl amendments. Griswold stated that in the Bencardino discussion regarding the property line extension; a correction was needed to change east to west. She also noted an error in the staff response to Dale Hoogland, stating that it said "review" but needed to state "reviewed'. Griswold also had a correction to the conflict of interest ruling for Commissioner Daley. She stated that she had ruled that Commissioner Daley had no direct financial gain "or loss ". Motion (Keil/Larson) Approve February 4, 2003 and March 4, 2003 minutes as amended Motion Passed Unanimous Informational Items and Reports (No action required) Keil stated that the Benny Benson memorial dedication was scheduled on July 9, 2003, Alaska Flag Day. She reported that a group was working on the refurbishing of the Founders Monument. She also stated that Senator Stevens would be in Seward on Saturday, April 5, 2003. Larson stated that funding had been approved for the Seward recorders office until June 2004. She noted that the Request for Proposals, for the office space had been published in the Phoenix Log. Commission Comments Keil voiced concern regarding comments that had been made during the sales tax forum. She encouraged everyone to get out and vote on April 8, 2003. She commended the City staff for the job that they had done. She disagreed with statements that had been made regarding privatizing certain areas like the City Parks and Campgrounds, noting that may not be in the best interest of the City of Seward Abril I. 2003 community. Planning Commission Minutes Volume 5, Paee 349 Larson voiced appreciation to the Commission for taking the time to attend the site visit before the meeting. Roach' also expressed appreciation to the Commission noting that she felt site visits help make requests easier for the citizens. She expressed frustration with the "blanket" acceptance of the International Building Code by Council. She noted that perhaps the Commission needed to work closer with the Council on the code. Smith concurred with Commissioner Keil. He noted he was tired of hearing the derogatory comments about City staff. He too encouraged people to get out and vote on April 8, 2003. Griswold thanked Commissioner Daley for all information she had prepared for the site visit to the Ennis and Bencardino properties. She noted she was looking forward to reviewing the hard copy of the International Building Code. She requested that the action items remaining for the Comprehensive Plan be emailed to the Commission to allow time for the Commissioners to work on them before the work session. Citizens' Comments - None Commission and Administration Response to Citizens' Comments Adjournment The meeting was adjourned at 9:40 p.m. Donna Glenz Planning Assistant Carol Grisw d Chair City of Seward Mav 7. 2003 Call to Order Planning Commission Minutes Volume 5, Page 350 The May 7, 2003 regular meeting of the Seward Planning and Zoning Commission was called to order at 7:30 p.m. by Tom Smith, Vice -Chair. Opening Ceremony Commissioner Larson led the Pledge of Allegiance to the flag. Roll Call There were present: Tom Smith, presiding, and Nina Daley Lynn Hohl Marianna Keil Kristi Larson Sandie Roach' Comprising a quorum of the Commission; and Rick Gifford, Acting City Manager Malcolm Brown, Planner Donna Glenz, Planning Assistant Absent was: Carol Griswold, excused Special Reports City Administration Report Brown stated he planned to attend the Borough Transportation meeting scheduled for Friday, May 9, 2003 in Soldotna. He noted that the Jesse Lee Historic Structure Report was scheduled to move forward to City Council for support ofthe residential development alternatives. He noted that the Comprehensive Plan maps were close to completion by the GIS tech. City Council Liaison Report Mayor Clark was unavailable. KPB Planning Commission Report Commissioner Hohl submitted a written report of the recent Borough Planning Commission meeting. Cip of Seward Planning Commission Minutes May 7, 2003 Yolume 5, Page 351 Other Reports, Announcements & Presentations Dave Calvert and/or Dave Squires review of temporary structures and the International Building Code. Dave Calvert, Manager of Electric Utility and Seward Building Official reviewed the position of the City on temporary structures within the City of Seward. He noted that the temporary structure portion of the International Building Code (IBC) had been removed from the code before the IBC was adopted by the City Council. He stated that temporary structures were currently not allowed within the City. In response to Smith, Calvert stated that a temporary structure was a building not on a foundation. He stated that a storage shed up to 120 square feet was allowed in the City without a building permit or a foundation. Calvert noted that a trailer was allowed by code for a maximum period of 180 days. Citizens' Comments on any subject except those items scheduled for public hearing. — None Approval of Agenda and Consent Agenda Motion (Hohl/Larson) Motion (Hohl/Keil) Motion Passed Vote on Main Motion, as amended Motion Passed Approve the Agenda and Consent Agenda. Amend the Agenda by adding item 10B under New Business; Concerns for pending state legislation that excludes local involvement in state and federal decision - making. Unanimous Consent Unanimous Consent The Chair noted there were no items on the Consent Agenda. Special Items Election of Chair and Vice -Chair Smith stated that the nominations for Chair of the Planning and Zoning Commission remained on the floor from the April 9, 2003 meeting. He noted that nominations were Commissioner Keil and Commissioner Griswold. Ballots were distributed to the Commission; votes were placed and ballots picked up by the Clerk. The Clerk read the votes as follows: Griswold — 1, Keil — 5. City of Seward May 7. 2003 Motion (Daley/Larson) Motion Passed Planning Commission Minutes Volume 5, Page 352 Elect Commissioner Keil as the Chair of the Planning and Zoning Commission. Unanimous Consent Commissioner Keil took her position as Chair of the Planning and Zoning Commission. Keil opened the nominations for Vice -Chair. Motion (Hohl/Larson) Nomination of Commissioner Smith as Vice -Chair. No other nominations were place, nominations were closed Motion Passed Public Hearing Unanimous Consent Resolution 2003-08, Saltwater Safari Company, Inc. application for a Conditional Use Permit for a twelve (12) unit hotel at 1210 Fourth Avenue, Lot 12, Block 6, Seward Small Boat Harbor Subdivision, in the Harbor Commercial Zoning District Hohl requested a conflict of interest ruling stating her daughter would be working for the applicant during the 2003 summer season. It was ruled she had no conflict Brown stated that the property was currently leased from the City and the current use on the property was a single story building that housed a restaurant and a charter operation office. He noted the applicant had applied for a Conditional Use Permit (CUP) to add a second story to the current building and operate a twelve (12) unit hotel on the site. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. No one requested to be heard and the public hearing was closed. Motion (Smith/Larson) Approve Resolution 2003-08 The Commission discussed the project. It was noted that the proposed site plan showed the stairs to the second floor outside the lease property parcel. The rules were suspended to ask questions of the contractor. Larry Harmon of Swenson Construction, answered questions from the Commission. He stated that the stairs and eves for the building were to be constructed within the lease parcel property lines. Harmon stated that the submitted site plan was a conceptual drawing and was not the final construction drawing. He noted that all setbacks and requirements of the Seward City Code would be met on a construction site plan submitted for the building permit. City ofSecoard May 7, 2003 Motion (Larson/Roach') Motion Passed Motion (HohVLarson) Motion Passed Planning Commission Minutes Volume 5, Pa& 353 Amend Resolution 2003-08, Section 1 F, add Condition 5 to read; The final design shall meet developmental requirements of the Seward Zoning Code. Unanimous Consent Amend Resolution 2003-08, Section 1 F, add Condition 6 to read; The ground floor boardwalk/deck shall remain open, accessible and available for use by the general public. Unanimous The Commission discussed the lack of a parking plan for the project. It was noted that a parking plan that met the City Code was required before a building permit was to be issued. Vote on the Main Motion as amended Motion Passed Unanimous Resolution 2003-09, officially proclaiming the name "Williams Park" to the City park area commonly known as "Williams Park" located west of Ballaine Boulevard, between Monroe Street and "B" Street As a staff report Brown read the Whereas portion of Resolution 2003-09 into the record. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. No one requested to be heard and the public hearing was closed. Motion (Daley/Larson) Motion (Daley/Larson) Motion Passed Approve Resolution 2003-09 Amend Resolution 2003-09 to change the name of the park to "Pat Williams Park" Unanimous Consent Commission discussed Resolution 2003-09, it was concluded that the Planning and Zoning Commission recommended that the Historic Preservation Commission also address a Resolution of support to go forward to City Council. Vote on the Main Motion as amended Motion Passed Unanimous City of Seuiard Mav 7. 2003 Planning Commission Minutes Volume 5, Page 354 Resolution 2003-109 Pacific Park Limited Partnership application for a Conditional Use Permit for a 30 unit apartment complex at Lot 4, Jesse Lee Heights Subdivision Addition No. 2, in the R3 (Multi -Family Residential ) Zoning District. Commissioner Larson declared a conflict of interest, as she was the Vice President of the title company selected to close on the sale of the property. She declared she would have financial gain if the project was approved. It was ruled Larson had a conflict and she removed herself from the dais to take a seat in the audience until the issue was completed. Brown stated that Pacific Park Limited Partnership had applied for a Conditional Use Permit (CUP) to develop a thirty (30) unit low-income apartment complex on Lot 4, Jesse Lee Heights Subdivision. He noted that the zoning was currently R3, (Multi -Family Residential). He stated that Fred Free of Community Development Inc. was in the audience, as the representative ofthe developer to present the project and to answer questions and concerns from the Commission. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. Fred Free, Community Development, Inc. presented an overview of the 30 unit low-income housing project. He noted that the project loan was administered by Alaska Housing Finance Corporation; he noted that the project was eligible for tax credits. Free reviewed the appearance and the floor plans of the planned units. Russ Maddox, 3385 Nash Road, addressed the Commission as a representative of the Seward Independent Living Center. He stated that the Independent Living Center supported the project, noting that Seward had a large number of disabled persons with very few choices ofbandicap accessible places to live. Debbie Velocci, 214 Sixth Avenue, addressed the Commission as the manager of the Bayview Apartments. She noted that Seward currently had five low-income housing facilities in operation. She spoke against the project. She noted that more affordable, first time buyer housing was needed in Seward, not subsidized low-income housing. Christy Audette, 1818 Phoenix Road, spoke as a neighboring property owner. She stated that for a community the size of Seward a large number of low-income housing projects already existed. She spoke in support of affordable, first time buyer housing. She spoke against the lack of play areas designed for children. She stated that she supported a lower density of living units and a higher quality of life for the people living on the property. She questioned the lack of sidewalks on the Phoenix Road side of the property. Audette stated that Phoenix Road was a steep grade with a large amount of traffic. She spoke in support of needed changes to address the safety issues for the tenants and the neighborhood. No one else requested to be heard and the public hearing was closed City ofSeuiard May 7, 2003 Motion (Roach'/Smith) Planning Commission Minutes Volume 5, Page 355 Postpone Resolution 2003-10 until the next regular meeting after the work session May 209 2003. Roach' stated that there were a large number of issues pertaining to the project that needed to be addressed pertaining to the Seward Comprehensive Plan. Smith stated that the project was not the type of housing that was needed in Seward. He noted that the need was in affordable starter homes. He supported the need for more input from the neighboring properties. The Commission discussed the need for a work session on the project stating many issues about the project had not been addressed. Motion Passed Unanimous Commissioner Larson returned to the dais. Unfinished Business - None New Business Potential Planning and Zoning Commission Review Procedures for City Plans Brown stated that Commissioners Hohl and Griswold had requested that the Commission set up a procedure that would allow review by the Planning and Zoning Commission of City plans before they were adopted by the City Council. Hohl stated that she was interested in the Commission reviewing other plans for the City that contained land and land use issues. She stated she was disappointed that the Commission had not been involved in the Harbor Plan. The Commission discussed the concept of reviewing City plans and concluded that the Commission be involved in reviewing plans that contain land issues. Commissioner Larson requested a five-minute break. (10:05 to10:10) Concerns for pending state legislation that excludes local involvement in state and federal decision -making Hohl stated there were currently two bills before the legislature that were being "fast tracked" for the Governors signature that would allow development projects within 1000 feet of elevation to completely bypass local zoning authority. She noted that "Council member Dunham was concerned about the precedence of the State starting to write bills that nullify local zoning". Hohl stated the legislation was House Bill 191 and Senate Bill 143 effecting Coastal Zone Management and shallow gas wells. Keil offered to send copies of House Bill 191 and Senate Bill 143 to Commissioners. City ofSeivard Planning Commission Minutes May 7, 2003 Volume 5, Page 356 Informational Items and Reports (No action required) "The Supreme Court validates moratoriums in a path -breaking decision", Planning, June 2002. "Combating `Sameness' with a Formula Business Ordinance", Zoning News, March 2003. "The Organization of the Late Medieval City", by Gerald Strauss Commission Comments Daley stated she was glad she would have opportunity to address the issues of the 30 unit low-income house project at a work session. She questioned the handicap accessibility of other low- income complexes in Seward. Larson congratulated Keil and Smith on their appointments as Chair and Vice -Chair. She requested that the developer of the low-income project be available by teleconference for the work session. She noted the request for bids of the recorders office had closed and that the bids were being reviewed. Roach' concurred with Larson on the appointment of the Chair and Vice -Chair. She noted that she had distributed notes from the Waterfront Committee to each of the Commissioners. Smith stated that he appreciated having the projects brought before the Commission at a work session before being presented to the Commission for action. He noted that the Saltwater Safari CUP was much easier to act upon having held a work session prior to the meeting. Keil also stated that holding a work session with department heads to answer questions before bringing projects to the Commission for action was much smoother. She thanked the Commission for electing her Chair. Citizens' Comments - None Commission and Administration Response to Citizens' Comments Adjournment The meeting was adjourned at 10:50 p.m. Donna Glenz *�*61"F Planning Assil (City Seal) M % & r R ' ,ny M canna Keil Chair City ofSew ard Tune 3, 2003 Call to Order Planning Commission Minutes Volume 5, Paee 357 The June 3, 2003 regular meeting of the Seward Planning and Zoning Commission was called to order at 7:30 p.m. by Marianna Keil, Chair. Opening Ceremony Commissioner Daley led the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil, presiding, and Nina Daley Carol Griswold Lynn Hohl Marianna Keil Sandie Roach' Tom Smith Comprising a quorum of the Commission; and Malcolm Brown, Planner Donna Glenz, Planning Assistant David Squires, Fire Chief Absent was: Kristi Larson, excused Special Reports City Administration Report Brown stated that the Borough was working on a Transportation Study Plan. He noted that the intent of the project was to gather projected transportation needs for the next ten (10) years around the Borough. He affirmed that Council had approved the Jesse Lee Historic Structure Report and it was currently with the Department of Natural Recourses to be forwarded back to the Legislature. He noted that the applicant (Kate Anthony) for the interior lot line vacation scheduled on the Consent Agenda had requested that the item be pulled and rescheduled for the July regular meeting. Brown noted that the hard copy of the City Code book and the "on line" City Code was currently being updated. He noted that the applicant for the Pruitt Hotel Conditional Use Permit had requested a special meeting be held to meet the fmal condition of the CUP, provided he could complete all the conditions prior to the July 1, 2003 regular meeting. City of Seward Tune 3. 2003 City Council Liaison Report Planning Commission Minutes Volume 5, Pape 358 Mayor Clark stated that the Harbor Master was working on a grant proposal for 3.5 million dollars to cover some of the upland and dock improvements to the North side of the Harbor. Mayor Clark noted that Council had approved the Small Boat Harbor Planning and Development Guide with the reconsideration vote. He noted that the reason for the reconsideration vote had been to insert verbiage to make sure that prior to the commencement of any phase of construction or planning there would be public hearings. Mayor Clark noted that at least some of the future Water Front Development Committee meetings would be held in the evening to allow for more public input. KPB Planning Commission Report Commissioner Hohl submitted a written report of the recent Borough Planning Commission meeting. Hohl noted she would be unable to attend the Borough Transportation Plan meeting scheduled for June 18, 2003 and requested another Commissioner attend in her absence. Other Reports, Announcements & Presentations Roach noted she had a written report of the recent Water Front Development Committee meeting that she offered to email to all the Commissioners. Citizens' Comments on any subject except those items scheduled for public hearing. — None Approval of Agenda and Consent Agenda Hohl requested the April 1, 2003 and the May 7, 2003 regular meeting minutes be pulled from the Consent Agenda. Chair noted that there were no items on the Consent Agenda. Motion (Hohl/Smith) Motion Passed Public Hearing Approve the Agenda Unanimous Consent Resolution 2003-11, Ultimate Tours, LLC. dba Godwin Glacier Dogsled Tours application for a Conditional Use Permit to have a "Trailer, Temporary Office" in the Industrial Zoning District at Kenai Peninsula Borough Tax Parcel # 145- 025-15, located along the South side of Airport Road within U.S. Survey 9000, the Alaska Railroad Seward Terminal Reserve situated in the Seward Recording District, Third Judicial District, State of Alaska Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. James Cork, 211 Fourth Avenue spoke as the owner/manager of Ultimate Tours. He noted that he was available to answer any questions from the Commission on the Conditional Use Permit. City of Seward Planning Commission Minutes 3une 3, 2003 Volume 5, Page 359 Vern Kingsford, Moose Pass, spoke to the Commission as the leaseholder and business owner of Scenic Mountain Air, located at the Seward Airport. Kingsford voiced strong concerns against the operation; he noted that property was available for lease on the Airport grounds. He stated that he was very concerned that the container trailer painted with the Godwin Glacier signage was parked on the lease property against the city sign code. No one else requested to be heard and the public hearing was closed Brown reported that the applicant was applying for a Conditional Use Permit (CUP) to allow a trailer, temporary office. He stated the trailer was 24 X 48 for a total of 964 square feet. Brown noted that the utilities consist of bottled water and Porta-Potties; he noted that electric was installed and the Fire Chief was satisfied with the available water -drafting source for fire protection. Brown noted that the signage on the tractor -trailer vehicle was an issue that needed to be addressed. He stated that the signage was against the sign code when the vehicle was parked on the property as a sign; however the applicant had stated that the vehicle was used to transport supplies and was planned to move on the highway several times per month. Motion (Daley/Smith) Approve Resolution 2003-11 A request was made to suspend the rules to ask questions of the applicant. Cork responded to the Commission by stating that the season for the tour company ended by the first of September and that the plan was to remove the trailers from the property by the end of September when the lease ended. He stated that the tractor -trailer vehicle referred to as a sign was a support vehicle and did in fact travel to Anchorage and beyond for supplies and product. In response to Hohl, Cork stated that the trailer, office was a commercial trailer not a residential trailer. He noted that no sleeping was allowed in the structure. The Commission discussed the project and the vehicle trailer was questioned as a sign. Smith noted that numerous vehicles had logos and advertising painted on them and as long as the vehicle was licensed and used as a vehicle it was not a sign. Hohl stated that the problem with the vehicle as a sign was in the placement or parking of the vehicle. Motion (Roach'/Hohl) Motion Passed Motion (Hohl/Roach') Amend Resolution 2003-11 by adding to Section F, number 6, Sleeping quarters will not be allowed. Unanimous Amend Resolution 2003-11, Section C, adding Finding 1. The specific condition addressing site appearance and a landscape plan is consistent with the Comprehensive Plan encouragement to improve the appearance of entries to the City and to City of Seward Tune 3, 2003 Motion Passed Motion (Hohl/Griswold) Motion Passed Motion (Hohl/Griswold) Planning Commission Minutes Volume 5, Page 360 continue to require landscaping plans as part of conditional use permits. Finding 2. The specific condition(s) addressing signage is(are) consistent with the Comprehensive Plan, public awareness plan on the necessity for compliance with the sign ordinance tempered with addressing the appearance of the entries to the City. Unanimous Amend Resolution 2003-119 Strategic Plan, Finding: The Strategic Plan encourages I. outdoor recreational opportunities and economic diversity (page 3); 2. attracting new industry (page 4); 3. establishing an attractive highway corridor from Mile 0-8 (page 9); 4. promoting residential and commercial development inside the City (page 9); 5. pursuing the community vision through rigorous implementation of the Comprehensive and Land Use Plans (pagel0); and 6. encourages citizens, as well as the City, to take an active role in beautifying the community (page 15). Unanimous Amend Resolution 2003-11, Section D. to read: Finding: Power can be extended to the property. The site has vehicular access via private driveway. A dumpster location shall be designated on the site plan. An emergency water supply is located at the airport and is sufficient to provide fire protection for this use. The office will have bottled water for drinking and a self-contained toilet. An individual well and septic system may or may not be allowed on this site. Issuance of the Conditional Use Permit allowing temporary use of a self-contained toilet and any future individual well or septic system does exempt the permittee from adherence to requirements of 14.20.010. Use of public sewers is required at time of connection. Permittee is cautioned that it is unlawful City of Seivard Planning Commission Minutes %une 3, 2003 Folume 5 Page 7 1 according to 14.20.015 to discharge sewage in any unsanitary manner on public or private lands or any natural outlet within the City Limits of Seward. Smith stated he did not support including the code verbiage into every finding. Motion Passed Motion (Hohl/Griswold) Unanimous Amend Resolution 2003-11, Section E. Add: In order to meet this condition, the permittee must adhere to the code of the City of Seward and the specific condition deemed necessary by the Commission. The Commission discussed the Hohl amendment. It was noted that stating the City code must be adhered to was obvious. Motion Passed Yes: Rohl, Griswold, Daley, Keil No: Roach', Smith Motion (Hohl/Roach) Amend Resolution 2003-11, Section F, Condition 1, change to read: The use of the trailer for a temporary office shall only be until the end of September 2003 and the trailer shall be removed. Motion Passed Unanimous Motion (Hohl/Griswold) Amend Resolution 2003-11, Section F, adding Condition 7; Modification of final approval. 1. An approved conditional use permit may, upon application by the permitee, be modified by the Planning and Zoning Commission: a. when changed conditions cause the conditional use to no longer conform to the standards for its approval; b. to implement a different development plan conforming to the standards for its approval; C. the modification plan shall be subject to a public hearing and a filing fee set by the City Council resolution. The Commission discussed the proposed Amendment and requested that the amendment verbiage be added to all future Conditional Use Permits. City of Seward tune 3. 2003 Motion Passed Unanimous Vote on the Main Motion as amended Motion Passed Unanimous 9:15 — 9:20 Commission requested a break Unfinished Business Planning Commission Minutes Volume 5, Page 362 Resolution 2003-109 Pacific Park Limited Partnership application for a Conditional Use Permit for a 30 unit apartment complex at Lot 4, Jesse Lee Heights Subdivision Addition No. 2, in the R3 (Multi -Family Residential) Zoning District. The Chair reminded the Commission that the motion remained on the floor from the May 7, 2003 meeting. Brown gave additional staff overview of the project. He stated that since the May 7, 2003 meeting the Commission and the applicants held a public work session, where questions and concerns were addressed. He noted that George Haley of Anchorage, the general contractor was in the audience to answer any questions. Hohl requested the rules be suspended to ask questions of the contractor. Hohl discussed the issue of street lighting at the intersection of Phoenix and Caines. Motion (Hohl/Griswold) Amend Resolution 2003-10 Section 1, Paragraph F., by adding number 8. to read, A street light shall be installed at the corner of Caines and Phoenix. The Commission discussed the street light requirements noting that the area was dark and unsafe for children crossing Phoenix going to and from the schools. Motion Passed Yes: Hohl, Griswold, Daley, Smith, Keil No: Roach' Roach' questioned staff on the lack of public turn out for the issue. She questioned the location of the posting of the Public Hearing Notice sign on the property. Brown responded noting that the sign had been posted before the Public Hearing in May and that two separate mail out had been done. The first mail out consisted of property owners within 300 feet of the site property according to Seward City Code and the second mail out had been sent to all property owners that own property and access the area from the Seward Highway West to the top of Dora Way. Brown noted that the second mail out was over 200 property owners. City of Seward Tune 3, 2003 Motion (HohUGriswold) Motion (HohUGriswold) Planning Commission Minutes Volume 5. Page 363 Amend Resolution 2003-10, Fifth Whereas to read, "the public notification process was completed, a Public Hearing was held on May 7, 2003". Amend Resolution 2003-10, Section F, adding Condition 9; Modification of final approval. 1. An approved conditional use permit may, upon application by the permitee, be modified by the Planning and Zoning Commission: a. when changed conditions cause the conditional use to no longer conform to the standards for its approval; b. to implement a different development plan conforming to the standards for its approval; C. the modification plan shall be subject to a public hearing and a filing fee set by the City Council resolution. The Commission requested that the verbiage be added to all future Conditional Use Permits. Motion Passed Unanimous Motion (Roach'/Griswold) Motion Passed Motion (Smith/Griswold) Amend Resolution 2003-10 Section 1, Paragraph F, Condition Number 4 to add the words; "on site" . Unanimous Amend Resolution 2003-10 Section 1, Paragraph F, Condition Number 6 to read "The developer shall prepare an adequate solid waste management plan with the staff and the solid waste contractor, construction waste and debris must be removed weekly and upon completion of the project. Commission discussed the dumpster needs and the developer working with the solid waste management contractor to develop an adequate plan. Motion Passed Unanimous Griswold spoke against the high density use of the property. She noted she felt the findings to support the high density use of the property without impacting the single-family districts had not been met. She expressed concern for the lack of open space and the green area. She stated that she felt o Seward Planning Commission Minut Ci es Volume 5, Page 364 Tune 3 2003 the high density use of the property was unsafe and a public hazard for the road system in the area. She stated that she supported the several area residents that had also submitted written comment on the density, the safety issues for the road system, that there was currently an over abundance of low- income housing in the community and that this type of project did not contribute to the overall economy. Roach' concurred with Commissioner Griswold. She spoke against the project noting that the proposed project was not the intent of "affordable housing" in the Comprehensive Plan. She cautioned the Commission on supporting projects of the size of the proposed project that did not contribute to the tax base of the community but use the public services. Hohl noted that the proposed development density was less than what the current City code allows. Daley stated she supported the Commissions comments on "affordable housing" in the Comprehensive Plan, she noted that she felt the intent was not in support of subsidized housing. Daley cautioned the Commission that the duties as a Commissioner were not to make value judgments but to insure the conditions of the City Code had been met. Daley noted that the area was zoned multi -family. She stated she was uncomfortable with the project but did not feel there were grounds to deny the project. Smith concurred with Commissioner Daley. He noted that the public had come forward at the public meetings to voice concerns. Keil thanked the Commissioners for their concerns and comments. She stated that the place to address the issue of subsidized housing was in the new Comprehensive Plan. She read from the current Comprehensive Plan noting "the Commission shall permit this type ofuse ifthe conditions and requirements listed in this chapter are met". Griswold noted that her findings for Section E. The proposed use will not be harmful to the public safety, health or welfare was that the project could be harmful. She stated that the location of the project was such that it was unsafe to the area; that the road was a dead end, had no sidewalks, spotty streetlights and already serviced a very high -density area. Vote on the Main Motion as amended Motion Passed Yes: Hohl, Daley, Smith, Keil No: Roach', Griswold New Business Discuss feasibility of partial vacation of Right -of -Way of the East side of Alice Street and the transfer to the City that portion of Lot 4, Clearview Manor Subdivision, which is encroached by Phoenix Road Brown stated that the property currently contained the Marina Motel. He noted that the Seward Highway on the East and Alice Street on the West side bordered the property. He stated that City of Seivard Planning Commission Minutes ,7une 3, 2003 Yolume 5, Page 365 the Right -of -Way (ROW) of Phoenix Road was encroaching on the privately owned parcel. Brown noted that the ROW of Alice Street was 50 feet wide on the North and 64.72 feet at the North corner intersection of Phoenix Road on the South. Brown noted that the current building on the property was a nonconforming structure and that the property owner intended to add on to his structure. He requested input from the Commission on a proposed partial ROW vacation of the southern easterly edge of Alice Street and land trade of the Phoenix Road encroachment area. Daley voice concern over vacation of ROW to correct a nonconforming structure. She noted that if the Commission were to move forward with the vacation of ROW and land trade that the action was only because of the encroachment of the Phoenix Road. The Commission discussed the issue and directed the staff to continue to research and work with other department to resolve the issue. April 1, 2003 Regular Meeting Minutes Pulled from the consent agenda by Commissioner Hohl. Hohl noted that a page of the minutes had been omitted from the packet. She requested the April 1, 2003 minutes be postponed until the July regular meeting. May 7, 2003 Regular Meeting Minutes Pulled from the consent agenda by Commissioner Hohl. Hohl requested the information regarding House Bill 191 and Senate Bill 143 under New Business be changed. She requested that the words allow offshore materials extraction be removed from the first sentence. She stated, "the key issue was up to 1000 feet of elevation". And she requested "the shallow gas well legislation" be added to the second sentence. After discussion Hohl noted she would prefer to submit the requested corrections to the staff in writing. The consensus of the Commission was to postpone the approval of the minutes until Hohl submitted the corrections to staff and the minutes were presented to the Commission at the next regular meeting. Informational Items and Reports (No action required) Commission Comments Griswold thanked Commissioner Hohl for her work on the issues before the Commission at the meeting. She requested that the staff provide more detailed review and back-up material for issues before the Commission. She expressed concern toward the support shown for allowing narrower Right -of -Ways. She spoke in favor of the larger Right -of -Ways. Roach' requested that the issue of finishing the Comprehensive Plan be a priority item. She questioned the scheduling of a special meeting for the Pruitt Hotel CUP. Hohl requested that a Commissioner attend the Transportation Meeting planned for June 18, 2003, she noted she was unable to attend. Planning Commission Minutes Ci_O of Seward Volume 5, Page 366 'inne 3. 2003 Smith commented on the numerous committees that had been and continue to be formed involving planning issues that completely by-pass the Planning Commission. He voiced concern regarding the CUP that had been approved. He noted that the project was going to place significant burden and drain on the city's infrastructure without adding to the tax roles. He stated that the City of Seward currently had a huge number of low cost housing units. Smith stated that Seward was a town of nearly 3,000 people with a tax base ofroughly 680 residents. He requested that the Council and the Commission look at ways to resolve the issue. Keil requested the time frame needed to hold special meeting on the Pruitt Hotel. Citizens' Comments - None Commission and Administration Response to Citizens' Comments Brown noted that when all the conditions of the CUP for the Pruitt Hotel had been met or it was perceived by the city attorney that the conditions were met then a special meeting could be requested. Adjournment The meeting was adjourned at 11:00 P.M. i ZIP X�& Donna Glenz Planning Assis®antl/l/ler�r� (City S. kb OT_' ® W I:A ® : �.:A,r.'.�... .AAA...• y q i-.M-- • 4 •• s 4� O �Z"/J411 list%, M anna Keil Chfir City of Seward June 26, 2003 Call to Order Planning Commission Special Meeting Minutes Volume S, Page A 367 The June 26, 2003 special meeting of the Seward Planning and Zoning Commission wascalled to order at 7:30 p.m. by Marianna Keil, Chair. Opening Ceremony Commissioner Larson led the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil, presiding, and Nina Daley Carol Griswold Lynn Hohl Kristi Larson Sandie Roach' Tom Smith Comprising a quorum of the Commission; and Rick Gifford, Assistant City Manager Malcolm Brown, Planner Donna Glenz, Planning Assistant Special Reports - None City Administration Report No report, move to discussion of the Pruitt Hotel Conditional Use Permit. Other Reports, Announcements & Presentations - None Citizens' Comments on any subject except those items scheduled for public hearing. -None Approval of Agenda and Consent Agenda Motion (Smith/Hohl) Motion Passed Public Hearing - None Approve the Agenda and Consent Agenda. Unanimous Consent City of Seward Planning Commission Special Meeting Minutes June 26 2003 Volume S, Page A 368 Unfinished Business - None New Business Resolution 2003-15, Review of final site plan and conditions for Conditional Use Permit 2002-01 allowing James T. Pruitt to develop a hotel within the Harbor Commercial Zoning District on the Alaska Railroad Right -of -Way lease property Brown reviewed the history of the Pruitt Hotel Conditional Use Permit (CUP). He noted that Resolution 2002-01, granting a CUP to James Pruitt to develop a hotel in the Harbor Commercial Zoning District on Alaska Railroad (ARR) Right -of -Way (ROW) lease property had been approved at the January 2002 Planning and Zoning meeting. Noting that the original CUP had contained sixteen (16) conditions, an appeal had been filed and the City Council met as a Board of Adjustment. The Board of Adjustment amended the CUP by removing two of the conditions. Following a thirty -day (30) appeal process the amended CUP was granted to James Pruitt on April 1, 2002. Brown stated that condition fourteen (14) of the CUP was the final site plan incorporating all identified conditions be submitted to the Planning and Zoning Commission for review and approval prior to initiating construction. He informed the Commission that the intent of the final site plan review was to evaluate the conditions of the CUP on the final site plan. Griswold stated that the parking agreement between the City of Seward and the ARR for the offsite parking had an error in the number of spaces provided. She requested the legal document be corrected to read the appropriate total number of parking spaces. She also requested clarification in the wording of "joint use" in the parking agreement. Motion (Daley/Smith) Approve Resolution 2003-15 Griswold expressed concern regarding the parking provided for the guests ofthe hotel not the employees and others. The Commission and staff discussed the issue and it was concluded that the City parking code requirements for hotels were a unit of measure including the guests, employees and others. Hohl concurred with Griswold's concerns that joint use generally means the owner of the property and the lessee. The Commission relaxed the rules and requested a clarification from the applicant (James Pruitt). Pruitt stated that the lease agreement between the ARR, the City of Seward and himself for the off site parking was for the explicit use of the hotel, that the seventeen (17) leased spaces were not for use by the ARR. Hohl stated she would not support CUP because she felt the public supported that the hotel be completely supported by the site on which it was built not by offsite parking. She stated she supported a 62 unit hotel but not the 79 unit complex that was not supported on the lease property. City of Seward Planning Commission Special Meeting Minutes June 26, 2003 Volume 5, Page A 369 Griswold voiced several concerns based on the current Harbor Plan. She felt that commercial usage of Harbor properties were to be water related and water dependent only, that the tidelands were be considered and protected, building height is recommended to be only one story, and there is not enough parking. Daley asked for clarification of the purpose of the meeting. The Chair stated the vote was to be based on whether or not the conditions of the CUP had been met. Vote on Resolution 2003-15 Motion passed Yes: Roach', Smith, Daley, Larson, Keil No: Griswold, Hohl Informational Items and Reports (No action required) — None Commission Comments Hotel requested that her comment supporting the 62-unit hotel was in the record. She also brought to staffs attention that Parks & Recreation had a monopoly sign on the lagoon. Banner signs are only allowed for events, not for sales. Griswold stated she wished they could have seen the whole elephant, not just the tail. Keil requested a recommendation from the Commission for a work session to discuss the tree issue in Hoben Park. Citizens' Comments James Pruitt, inside the city, voiced concerns that the process of coming back before the Commission was a hindrance to the developer. He thanked the Commission for their time. Commission and Administration Response to Citizens' Comments Roach' recognized the frustration of the applicant but also appreciates the checks and balances of coming before the Commission again. Hohl stated there was confusion with the "silver" lot when the site plan came before the Commission the first time; it wasn't a real clean application process at that time. Her impression of the intent was that parking was to be on site. Griswold stated that seeing the cities agreement had the wrong number of parking spaces was a good point. It needs to be seen by more eyes. It takes a long time, it's good to have many eyes look at it. Planning Commission Special Meeting Minutes City of Seward June 26, 2003 Adjournment The meeting was adjourned at 9:20 p.m. Donna Glenz Planning Assistant '01W% 6 e : SEAL .® r eP��ST ✓LNG 1 •,9�,C�+1 4 OF A�-pott' M -ianna Keil j Chair Volume 5, Page A 370 City ofSavard 7uly 1. 2003 Call to Order Planning Commission Minutes Volume 5, Paee 367 The July 1, 2003 regular meeting ofthe Seward Planning and Zoning Commission was called to order at 7:30 p.m. by Carol Griswold, Senior Commissioner. Opening Ceremony Commissioner Roach' led the Pledge of Allegiance to the flag. Roll Call There were present: Carol Griswold, presiding, and Nina Daley Lynn Hohl Sandie Roach' Tom Smith (arrived late) Marianna Keil (arrived at late) Kristie Larson (arrive late) Comprising a quorum of the Commission; and Malcolm Brown, Planner Donna Glenz, Planning Assistant Commissioner Smith assumed the duties of Vice Chair Special Reports City Administration Report Brown stated all departments were currently busy preparing for the July 4, 2003 celebration. City Engineer Gerry Welsh, Assistant City Manager Rick Gifford, and Brown had met with State of Alaska Department of Transportation (DOT) representatives, to discuss funding for future projects. He noted the mile 0 to 8 Seward Highway project was planned for the 2004 season. He stated the City was currently concerned about the funding for concurrent construction costs of the replacement and repair to the water lines in Third Avenue. Brown noted the Nash Road resurfacing was also planned for the 2004 season. The Fourth Avenue project from Van Buren South had been downgraded until at least 2009. DOT was concerned with the lack of City plans for the Transit Fund Grant money the City had received from DOT. Brown discussed the history of the Transit grant, and stated that Kawabe Park had not met the criteria. In response to Griswold, Brown stated that the amount was $200,000.00 plus the City match amount. He continued by stating there were also other criteria that had to be met in order to use the grant. Daley questioned the Third Avenue water line upgrade funding. Brown stated that Public Works was working on possible timing of the project. Hohl questioned funding for Kawabe Park; Brown stated that the bus stop was completed with funds from the park grant. In response to Roach' Brown stated the conditional use permit for the trailer, temporary office for Godwin Glacier Dog Sled Tours was currently in effect. Hohl stated that the City of Seward Planning Commission Minutes 7uly 1 2003 Volume 5, Page 368 truck continued to be visible and she felt was currently being used as a sign. Ways were discussed to reduce the visibility of the truck. It was decided to work on the problem, and verbally request the owner to move the truck to a less conspicuous location. Commissioner Keil arrived and assumed the duties as Chair. City Council Liaison Report - None KPB Planning Commission Report Commissioner Hohl submitted a written report of the recent Borough Planning Commission meetmg. Other Reports, Announcements & Presentations - None Citizens' Comments on any subject except those items scheduled for public hearing. Chad Adams, Seward spoke to the Commission as an Eagle Scout and requested clarification of the problem with the truck during the previous discussion. He thanked the commission for explaining the issue. Smith explained the reason for sign ordinances. There was discussion regarding public input and the public process. Approval of Agenda and Consent Agenda Griswold requested that item 9B Resolution 2003-12 be pulled from the Consent Agenda. Hohl requested the April 1, 2003 and the May 7, 2003 regular meeting minutes be pulled from the Consent Agenda. Hohl requested Item E Hoben Park be added under New Business. Griswold requested Item F Discussion of a possible work session on the Airport Master Plan under New Business be added under New Business Motion (Smith/Hohl) Approve the Agenda and Consent Agenda As Amended Motion Passed Public Hearing Unanimous Resolution 2003-13 Preliminary Plat Review of Leirer Industrial Subdivision, Becker Replat. This is a re -plat of Lots 5 and 6, Block 1, Leirer Subdivision, moving the interior lot line of Lot 6 North 20.68 feet. This property is located on Alameda Street, and is in the Industrial Zoning District. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. No one requested to be heard and the public hearing was closed. City of Seward Planning Commission Minutes Tub 1, 2003 Volume 5, Page 369 Brown stated that the replat was to move the interior lot line North. He noted that both lots were owned by Steve Leirer and leased to Randy Becker. Brown noted Becker was in the process of building a storage facility on the property. In response to Smith, Brown noted that the Leirer Industrial Subdivision plat was recorded in December 2002. Larson stated that Steve Leirer was in the process of acquiring lease amendments to fit the actual buildings on the properties. Motion (Griswold/Roach') Approve Resolution 2003-13 The Commission discussed the project noting that as -built surveys did not always show eves and other projections that may encroach into the setbacks. Motion (Griswold/Hohl) Amend Resolution 2003-13, Section 1, Add Condition 4: Subject to Staff verification that there are no encroachments. Smith stated that he felt the verification for encroachments was part of the staff review checklist and he did not support amending the Resolution Larson stated the approval of the plat was subject to the sub -divider meeting certain conditions, she felt requiring an as -built survey goes without saying that someone had to verify there were no encroachments. Griswold Motion and Hohl second were withdrawn Motion (Larson/Smith) Motion Passed Vote on the Main Motion as amended Motion Passed Unfinished Business - None New Business Amend Resolution 2003-13, Section 1, Condition 2 by removing "to" and adding "so that the City can" following the word survey Unanimous Unanimous Resolution 2003-14, Rescinding Resolution 2002-26, a resolution of the Seward Planning and Zoning Commission of the city of Seward, Alaska, recommending that the City Council amend table 15.10.225. Land Uses Allowed to allow temporary offices by administrative permit in the Industrial Zoning District City ofSemard Planning Commission Minutes 'ui 1 2003 Volume 5, Page 370 Brown stated that the intent was administrative housekeeping. He reminded the Commission that at the April 1, 2003 Planning and Zoning meeting a resolution had been introduced to rescind Resolution 2002-26; however the Commission had not acted on that Resolution. The Commission had passed a motion to rescind Resolution 2002-26. Brown noted that the City Clerk and the City Attorney both stated that a resolution had to be rescinded by a resolution, an ordinance by an ordinance, and the previous action by the Commission required correction. Motion (Griswold/Hohl) The commission discussed the resolution. Motion (Roach'/Daley) Motion Passed Motion (Hohl/Roach') Approve Resolution 2003-14 Amend Resolution 2003-14, Change second Whereas by adding following International Building Code "as adopted by the City" Unanimous Amend Resolution 2003-14; Delete third Wheras; rescinding Resolution 2002-26 would continue to provide for orderly and safe development of the community, which is the intent of the zoning ordinances in the Seward City Code; Griswold spoke against deleting the Whereas. The Commission discussed the safe and orderly development of temporary buildings. Motion Passed Vote on the Motion as amended Motion Passed Yes: Hohl, Larson, Smith, Keil No: Griswold, Daley, Roach' Unanimous Resolution 2003-129 Preliminary Plat Review of a Resubdivision of Lots 8,9 and 10, Block 24, Seward Original Townsite, Anthony Replat Brown stated that the replat was a vacation of interior lot lines creating a single 9,000 square foot parcel. He noted that the parcel was currently serviced by all utilities and no subdivision agreement was required. Motion (Griswold/Larson) Approve Resolution 2003-12 Griswold stated she had received comments from concerned neighbors of the property regarding the current addition to the home. Larson noted that the addition would create a duplex. Motion Passed Unanimous City of Seward Planning Commission Minutes 7uly 1. 2003 Volume 5, Pale 371 April 1, 2003 Regular Meeting Minutes Hohl stated she had requested the April 1, 2003 minutes be pulled in error. Motion (Hohl/Smith) Motion Passed May 7, 2003 Regular Meeting Minutes Approve April 1, 2003 Meeting Minutes Unanimous Hohl read a prepared draft that she had given staff regarding the information she had presented to the Commission on House Bill 191 and Senate Bill 143. Motion (Hohl/Larson) Amending the April 1, 2003 regular meeting minutes to replace the summary taken by staff with the prepared statement read by Hohl. Griswold requested a ruling from the Chair, she noted she had not been in attendance at the May 7, 2003 meeting and did not feel she was qualified to vote on approval of the May 2003 minutes. The Chair excused Griswold from voting. Larson questioned if minutes had to be amended by a motion. She referenced a memo to the Commission from the City Clerk; stating minutes were action items and not word for word discussion. Smith questioned if the request was correcting the minutes or changing them after the fact. Daley asked Hohl if the minutes were incomplete, incorrect as stated, or just a very short summary. Hohl stated there was nothing incorrect, she noted that some items were omitted. Daley stated that the purpose of the minutes was not to give a verbatim discussion. She noted that all that was required was a summary of the action taken by the commission. She noted that the tapes were available if someone wished to look further into certain issues. Hohl stated that Commissioners were able to request that specific things be noted in the record. Motion Withdrawn Motion (Hohl/Griswold) Motion Passed Motion (Larson/Smith) Add to the April 1, 2003 regular meeting minutes following House Bill 191 and Senate Bill 143; effecting Coastal Zone Management and shallow gas wells. Keil offered to send copies of House Bill 191 and Senate Bill 143 to Commissioners. Unanimous Move to approve the May 7, 2003 regular meeting minutes as amended. City ofSem¢rd My 1, 2003 Motion Passed The Hoben Park Project Planning Commission Minutes Volume 5, Poee 372 Yes: Larson, Daley, Smith, Roach', Hohl, Keil No: None Abstain: Griswold Brown gave the staff overview of Hoben Park. He noted that a work session was held at the site on July 1, 2003. Parks & Recreation Director Karen Sturdy and City Engineer Gerry Welsh had attended the work session. Sturdy had given a history of the park plans and funding. Council had requested that the Planning and Zoning Commission hold a public meeting to receive more public input on the park. Brown noted the options as presented by the ad hoc committee tasked with the park issues. 1) Leave it as is, untouched; 2) Make a look, no touch park; 3) Put in some level of the modifications being careful to avoid the root zone of the tree; 4) Cut down the tree, and put in all the other attractions for the park. Brown noted that the Hoben Park was on the Seward register of historic sites with the tree as a focal point. The Commission discussed the ad hoc committee plans for the park. Roach' requested there be a public meeting scheduled to discuss the park. The Commission set a special meeting for public comment on Hoben Park, scheduled for July 15, 2003 at 7:30 pm. The Commission requested that the Historic Preservation Commission be present if possible. The purpose of the meeting was to make a recommendation to City Council regarding the tree and direction for the park. Discuss Airport Master Plan Griswold stated that there were plans to further develop the Seward Airport. Griswold stated that the Airport was located in estuary wetlands. She had concerns about the impact of development without knowledge of what might be destroyed. She offered a guided walk of the area to point out some of the problems, to address how a proposed road could come in without an impact on the wetlands Brown stated that it was worth trying to establish a dialogue with DOT and the Railroad. In response to Daley, Brown stated that DOT was funding the Airport Master Plan and expected to start on the plan in the fall of 2003. Daley requested access to more information. Brown stated he would continue to work with DOT and request the City be informed and updated on the project. Hohl stated that the Airport Plan was part of the Comprehensive Plan. Smith asked how much land at the airport belongs to the state. Brown stated that most of the land at the head of the bay was either Railroad or State. Hohl stated that Leo Wakefield owned some of the land at the end ofthe runway. Griswold requested that Brown provide a land ownership map. The decision was made to schedule a site visit for September. Informational Items and Reports (No action required) - None Cio ofSew ard 7uly 1. 2003 Commission Comments Planning Commission Minutes Volume 5, P¢ee 373 Griswold requested that staff look into Planning and Zoning training in October. She questioned if the Edgewater Parking lot was for guest parking or car rentals. Griswold stated she had received a letter concerning the new gas station. Brown stated that the contractor was working on ways to alleviate problems with the residential area. He noted staff and the property owner were working on the sign permit. The Commission requested that Brown send a copy of the letter concerning the gas station to all the Commissioners. Griswold commented on regulating banner signs. She thanked Chad Adams for attending the meeting. Larson stated that the recorder's office books had been taken for archiving and digitizing to Juneau and the copies will come back to Seward. She noted an RFP had gone out looking for office space to re -locate the recorder's office. The court has granted an extension on the recorder's office until the end of September. Larson noted that the task force was continuing to work on it. Daley stated that Ms. Altermatt had originally requested information about the codes pertaining to the gas station. She noted she had provided Ms. Altermatt with City code information and locations to request further information. Hohl reported that she had spent two days at an Education and Specs Committee meeting for the new middle school. She requested information on the new fiber optic cable upgrade. She noted that the Commission had requested that staff look into the feasibility of the community cable system being upgraded with the proposed new cable to allow more affordable access to the system in Seward. She requested that the issue be brought before the Commission at the next meeting with the possibility of making a recommendation to Council to pursue upgrades to the current cable system. Brown stated that he had been in contact with the cable provider (GCI) and that the cable currently proposed was for backup to the existing system; there were no plans to upgrade the current system for Seward. Roach' also had concerns about the gas station. She would like the Comprehensive Plan to address buffers between commercial and residential areas. Smith requested the Commission finish the work on the Comprehensive Plan. The commission discussed ways to accomplish finishing the Plan. A work session was scheduled for August 19, 2003. Keil mentioned the Governor's trickle down budget cuts affecting local programs. She mentioned the Founder's Day Celebration August 28, 2003. Citizens' Comments - None Commission and Administration Response to Citizens' Comments The commission thanked Chad Adams for attending the meeting. City of Seward Planning Commission Minutes 701 2003 Volume 5, Page 374 Adjournment The meeting was adjourned at 9:50 p.m. ,� Il Donna Glenz ar' r a Keil Planning Assistant (((/// C City of Seward Planning Commission Special Meeting Minutes July 15, 2003 Volume 5, Page Spec. l Call to Order The July 15, 2003 special meeting of the Seward Planning and Zoning Commission was called to order at 7:30 p.m. by Marianna Keil, Chair. Opening Ceremony Commissioner Daley led the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil, presiding, and Nina Daley Carol Griswold Lynn Hohl Kristi Larson Sandie Roach' Comprising a quorum of the Commission; and Malcolm Brown, Planner Donna Glenz, Planning Assistant Absent was: Tom Smith Special Reports City Administration Report No report, move to discussion of the Hoben Park. Other Reports, Announcements & Presentations Roach' stated to the public that the Seward Waterfront Study meeting had included Hoben Park and public comment was currently being accepted. She stated she had a book with the proposed plan for people to look at. Hohl noted she had requested help from the Borough on the middle school sight and she requested assistance from the City in helping to locate the proposed new Seward middle school. Citizens' Comments on any subject except those items scheduled for public hearing. At the request of the Commission and the public all comments on the Hoben Park issue were City of Seward Planning Commission Special Meeting Minutes July 15 2003 Volume 5, Page Spec. 2 held until after the staff report on the Hoben Park. Approval of Agenda and Consent Agenda Motion (Larson/Roach') Approve the Agenda and Consent Agenda. Motion Passed Public Hearing - None Unfinished Business - None New Business Unanimous Consent Receive Public comment and make a recommendation to City Council on the Hoben Park Development Project Brown stated that Seward City Council had requested that the Planning and Zoning Commission hold a special meeting to obtain public comment for the options on the historical tree located in the historical Hoben Park site. Brown reviewed the report on the condition of the historic tree submitted by the arborist. He reviewed the options that had been recommended for the future of the tree and the park as follows: A. Cut down the poplar tree; proceed with the park developments as planned. B. Leave the tree and proceed with all the park amenities as planned, and formulate contingency plans to deal with related issues as they arise. C. Leave the tree, use decorative fencing to limit public access to the fall zone (wrought iron fencing was previously used in the park), replace the fountain, forego the other park amenities (flower gardens, park benches, pathways) which were not in the original historic park until after the tree is a non -issue. D. Leave the park in its' present condition. Karen Sturdy, Parks and Recreation Director stated that the City and the Park and Recreation Department recommend option C. The Commission suspended the rules to hear public comment on the Hoben Park. Stu Clark, 1129 Cliff View Place, spoke as a private citizen and not the mayor. He supported postponing the plans for the park until after the Plaza development (Multi -Agency Facility) plans were completed. He noted he was not in support of the plan for the lilac trees, he noted that they cut off the view. He did not support a fountain in the park. Clark voiced support that the historic tree remain in the park. Tim Sczawinski, Wolftrail Lane Nash Woods Subdivision. Noted that the area had previously been considered an archaeological site and suggested limiting excavation in the area. He supported grass being planted and that the tree remain in the park. City of Seward Planning Commission Special Meeting Minutes July 15, 2003 Volume 5, Page Spec. 3 Don Mai, 212 5`h Avenue supported the historical significance of the fountain. He also supported the keeping of the historic tree. Carol Chaudiere , 1129 Cliff View Place. Spoke in support of a small section of the original fence be used in the fencing. She spoke against the use of the lilac trees. She suggested using large flowing stairs to invite people into the park. Supported the use of the historic fountain. Linda LaSota, 503 Ballaine presented a petition signed by numerous citizens in support of preserving the historic tree. Supported that the park remain open to be used by the public. Brown read the petition of support for the tree into the record. Shannon Kovac, 613 Fifth Avenue, reminded everyone that the park was currently on the Seward Register of Historical Places and by placing the park on the register the City had acknowledged that the park was a cultural resource worthy of preservation. She supported working towards placing the park on the National Register of Historic Places. Tylan Schrock, 2612 Birch Street, strongly supported the very unique opportunity to place the park on the national register. He asked that the City not spend $50,000.00 to design a very simple and elegant park. He requested that the park be supported and completed. Tom Swann, 504 Adams Street felt strongly that the plan for the park was to keep its historical significance. Close the Public Comment Daley stated she was in favor of restoring the park as much as possible to its original condition. She supported the original fence. She was not in support of fencing the park off from access. She supported the historic fountain. Larson concurred with Daley. She supported the open, historical concept. Griswold was interested what the requirements were to be on the national register. She was also interested in how to restore the park without damaging any of the historical factors. She stated it was a wonderful goal to place the park on the national register. Rules were suspended and discussion was opened on the requirements to be on the national register. It was suggested that the Historic Preservation look into the requirements for the national register. Tim Sczawinski, stated that one national significance was the visit of President Harding. Hohl stated she supported restoring the park as much as possible so that it eligible for the national register. Tylan Schrock stated that the plan had been to place the park on the National Register by doing whatever it took to make that happen. City of Seward Planning Commission Special Meeting Minutes July I5 2003 Volume 5, Page Spec. 4 In response Roach' questions, Karin Sturdy stated that the original fencing was given to the Seward Museum to disperse as was seen fit. The Parks and Recreation Department retained one piece of the fencing. Roach' supported the idea of incorporating a piece of the original fencing into to plan for the park. She stated that she strongly supported the park being restored to the historical period. Roach' stated that she had salvaged the original fountain from the landfill and currently had it in her yard. She spoke in favor of returning the original fountain to it's rightful place in the park. She stated that the pedestal for the fountain currently was located at mile four on the Seward Highway. Recommendation to Council Without jeopardizing the National Historic Register eligibility restore, upgrade and maintain the park within the historic bounds, 1922 to 1940 period of significance as a user-friendly park. Make it clear that the plan was to protect the integrity of the historic tree and the cultural artifacts under the park. The list of options for Hoben Park were discussed and prioritized. It was concluded that the first priority was the historic lighting installation; second was to replace the fountain and fencing on north side of park; third was recreation of the flower pots, fourth was benches, fifth was flower gardens, and sixth was bird houses. The plan was called option E Informational Items and Reports (No action required) — None Commission Comments Daley inquired why the Founders Monument was going through so many changes. She commented on Three Bears having too many signs and other business breaking the sign code. She also commented that the Portico Group had concerns with zoning issues within town. She noted she was pleased that the one of the Coast Guard men had mentioned the one thing he liked about Seward was that the people were so friendly. Griswold mentioned the arborist was hoping to have the tree nominated for a tree award and she requested it be pursued by the Council. She also thanked everyone in the audience. Hohl addressed the Three Bears driveway issue. She stated her concern with the speed limit on Port Avenue. She voiced concerns from several citizens regarding the trees along the Seward Highway at the point planned for the pedestrian underpass. She noted she had copies of the airport plan available and requested a copy of the Portico plan. Roach' inquired whether Three Bears off of Iron Drive had been given administrative permission for a wider driveway. She strongly suggested staff follow through with removing the truck for Godwin Glacier. Thanked the public for the participation. City of Seward Planning Commission Special Meeting Minutes July 15 2003 Volume 5, Page Spec. 5 Keil stated in response to Daley's earlier inquiry that the Founders Monument had never been finished and Well's Fargo Bank had taken on finishing the monument as a Centennial project. She also noted that the Ballaine Family planned to be in Seward on August 30, 2003 for the rededication for the Founders Monument. She thanked all the public for coming. Citizens' Comments Don Mai, within the City, expressed concern about access to the park. He noted that people will cut through without some type of fencing or control. Tylan Schrock, within the City, thanked the Commission for allowing the public to participate so openly in the planning process for the park. Supported the Portico Group plan. Tim Sczawinski, outside the City, asked Karin Sturdy as to weather the current funds were available for work on the park rather than just planning. Commission and Administration Response to Citizens' Comments Sturdy stated that the park had been designed and that there remains approximately $50,000.00 to complete the park. She noted that not one dime was meant to be spent on hiring a landscape design architect. Sturdy noted that she had signed the application by the arborist nominating the tree for an award. Adjournment The meeting was adjourned at 9:40 p.m. t Donna Glenz Ma ianna Keil Planning Assistant Chair uZrgrQ (City Seal) {.. 1e� is City of Seward Planning Commission Minutes August 5 2003 Volume 5, Page Page number error Call to Order The August 5, 2003 regular meeting of the Seward Planning and Zoning Commission was called to order at 7:30 p.m. by Marianna Keil, Chair. Opening Ceremony Commissioner Larson led the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil, presiding, and Nina Daley Carol Griswold Lynn Hohl Sandie Roach' Tom Smith Kristie Larson Comprising a quorum of the Commission; and Dave Squires, Fire Chief Malcolm Brown, Planner Donna Glenz, Planning Assistant Special Reports City Administration Report Brown reported that a request had been received from GCI for a construction easement with the intent of a long term lease to place a fiber optic cable in the Seward right-of-way. He updated the Commission on the status of the Comprehensive Plan; he noted that the work session was scheduled for August 19, 2003. Brown stated that the Waterfront Development Committee minutes had been included in the packet to the Commission. He stated the request for a Code Enforcement position had been denied. Brown said that he was working with the City engineer and the public works department to obtain updates and information on the Department of Transportation (DOT) underpass scheduled for the Seward Highway project. City of Seward Planning Commission Minutes August 5 2003 Potame 5, Page City Council Liaison Report Mayor Stu Clark spoke to the Commission stating that the City Council had discussed the Flood Service Area proposal and would continue to bring further information back to the Commission as it became available. He noted that the renaming Fourth Avenue to Main Street was planned to come before the Commission. He noted that the visit of the delegation from Obihiro Japan had gone very well. KPB Planning Commission Report Commissioner Hohl submitted a written report of the recent Borough Planning Commission meeting. Other Reports, Announcements & Presentations - None Citizens' Comments on any subject except those items scheduled for public hearing. Comments made from the audience to the Commission that the discussion ofthe Commission could not be heard in the back of the room. Approval of Agenda and Consent Agenda Motion (Larson/Smith) Approve the Agenda and Consent Agenda Motion Passed Unanimous The Chair noted that the June 3, 2003 and the July 1, 2003 Regular Meeting Minutes had been approved on the consent agenda. Public Hearing Resolution 2003-16 granting a sign ordinance variance to L & J Enterprises, Inc., dba Three Bears for a free standing sign of twenty-five (25) feet in height containing one thirty-six (36) square foot internally illuminated logo sign and City of Seward Planning Commission Minutes August 5 2003 Volume 5, Page 375 one thirty-six (36) square foot internally illuminated fuel price sign at Lot 2, Clear View Manor, 1707 Seward Highway, in the AC (Auto Commercial) zoning district. Brown reviewed the request by L&J Enterprises for a sign ordinance variance to place a twenty-five (25) foot tall internally illuminated free standing sign on Lot 2 Clear View Manor Subdivision. Brown noted that the Seward City Code currently allowed one 20 foot high, thirty two (32) square foot internally illuminated free standing sign per street frontage; and without a required sign permit one twenty (20) square foot fuel price sign per street frontage. He stated that the parcel had two street frontages and therefore two free standing signs were allowed. Brown advised that the applicant had requested one (1) free standing sign, twenty-five (25) feet tall with one (1) thirty-six (36) square foot internally illuminated panel and one (1) thirty-six (36) reader board panel. Brown stated the administration recommended approval of the sign variance subject to the following conditions: 1. The freestanding sign authorized by this sign ordinance variance shall be the only freestanding sign permitted on the property; and 2. The fuel price panel shall only contain fuel price information. 3. The freestanding sign shall front the Seward Highway and due diligence shall be made to retain the trees which help to obscure it from the residential properties on Iron Drive Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. Stu Clark, It 29 Cliff View Place, spoke against the sign variance in general. He noted that he appreciated the applicant's willingness to keep the number of free standing signs to one on the parcel; however he was against allowing a twenty-five foot high sign. Debrah Altermatt, 1703 Iron Drive, requested that the canopy signage be removed from the Iron Drive side of the canopy. She stated she was concerned that the canopy lights had not been shaded on the residential, Iron Drive side of the canopy. Altermatt spoke to safety concerns of the egress onto Iron Drive. She requested that some form of screening be required to help block the intrusive vehicle head lights across Iron Drive. She spoke strongly against the current Seward City Zoning Code; noting that it currently allowed a business with hazardous materials to be built next to a residential district without any notice or input from the local residents. She asked that the problems created by the current business be dealt with and that the City Ordinance dealing with public health, safety and welfare be fully enforced. Scott Yaskus, Wasilla; spoke to the Commission as the contractor for the Three Bears Gas Station. He stated that he felt the free standing sign for the other service station in the area was considerably larger and higher than the current one being requested. He stated he was not aware of a sign code until after the signage had been placed on the property. In response to Hohl; Yaskus stated that the building was twenty-two (22) feet in height and the West egress onto Iron Drive was sixty (60) feet wide. No one else requested to be heard and the public hearing was closed. City of Seward Planning Commission Minutes August 5 2003 Volume 5, Page 376 Motion (Smith/Larson) Approve Resolution 2003-16 Smith spoke against the issuing of variances in general. He noted that after one variance was issued then the next applicant applies for a larger sign variance. Hohl stated she felt that the parcel had only one street frontage that allowed signage. She noted that the Seward City code stated under `yard' definitions that there were no rear yards when there were double frontages and that signs were not allowed in side yards; therefore the parcel only had one street frontage that allowed signage. Griswold requested that the City attorney provide clarification on the question of the City Code street frontages allowing signage. Motion (Griswold/Smith) Postpone until the next regular meeting awaiting City attorney code clarification on signage allowed when double frontages are present. In response to Larson, Brown stated that the use as a gas station in the Auto Commercial district was a use permitted outright and that the issue before the Commission was the sign variance. The Commission voiced concern as to the issues raised by the public on the impact to the neighborhood. In response to Hohl the Chair stated she thought the issue could come back before the Commission as a public hearing. Motion Passed Unanimous Resolution 2003-17, recommending City Council approval of a vacation of right of way of the undeveloped alley along the East boundary of Two Lakes Park and the undeveloped portion of D Street on the East boundary of Two Lakes Park and the trade of the East half of City owned Lot 7, Block 16, Federal Addition to Seward, having a Westernmost boundary at the top of the rock crest, in return for which the City will receive the West half of Lots 3 and 4, Block 22, Federal Addition to Seward, having an easternmost boundary at the top of the ridge crest, as shown on the preliminary plat. Brown reviewed the request to vacate the twenty (20) foot wide undeveloped alley right-of- way adjacent to the westerly property line of the applicant, and the undeveloped portion of D Street on the East boundary of Two Lakes Park. Brown stated that the applicant had submitted a preliminary plat showing the top ofthe bluff line as the property line as requested by the Commission. Brown noted that the City would receive from the applicant the West portions of Lots 3 and 4, Block 22, Federal Addition located on the top of the bluff within the Two Lakes Park. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. Seeing and hearing no one the public hearing was closed. City ofSecoard Planning Commission Minutes August 5, 2003 Volume 5, Page 377 Motion (Larson/Roach') Approve Resolution 2003-17 Larson stated she supported the replat. She noted that the Commission had requested that the property exchange follow the bluff line. She expressed comment that the exchange ofproperty was good for the City as well as the applicant. Daley noted that the applicant was to receive a greater amount of land at a higher assessed value than was offered as a trade. She referred to the City code and stated that public property shall not be disposed of without first making an appraisal of the fair market value of that interest unless the City Council finds that the public interest would not be served by an appraisal. She supported the action be left to the City Council and the City Manager for negotiations after an appraisal of the property. Hohl stated that she did not have concerns over the value of the lands since so little of it was useable and not accessible except by trespass over the applicant's property. She noted that the final approval came from City Council. Griswold spoke strongly in support of the replat. She noted that the issue of replating the Two Lakes Park had been on the work agenda of the Commission and the City for many years and that the exchange of these properties was a step in that direction. Motion (Hohl/Griswold) Amend Resolution 2003-17 to add following City Council: Kenai Peninsula Borough to the Title, the first Whereas and Section 1. Motion Passed Unanimous The Commission discussed the title of the replat. The consensus of the Commission was the title "Two Lakes Park" was not to be used. It was noted that the current action was not a replat of Two Lakes Park and that the title shall be reserved for the Two Lakes Park Subdivision. Motion Passed Yes: Smith, Roach', Hohl, Griswold, Larson, Keil No: Daley Resolution 2003-18, recommending City Council approval of a vacation of right- of-way of the undeveloped alley along the East boundary of Two Lakes Park and a portion of the undeveloped portion of Van Buren Street on the East boundary of Two Lakes Park having a Westernmost boundary of the top of the ridge crest, in return for which the City will receive portions of Lots 21 and 22, Block 11 Laubner Addition to Seward, having an Easternmost boundary at the top of the ridge crest, as shown on the preliminary plat. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened City of Seivard Aueust 5. 2003 Planning Commission Minutes Volume 5, Pape 378 Don Ennis, Seward, addressed the Commission with the background history of the lots involved in Resolutions 2003-17 and 18, located within the Two Lakes Park. He stated that in 1988 the City had tried to acquire the privately owned lots within the Two Lakes Park. He noted that the owner at that time would not sell to the City. Ennis noted that it had been suggested that he negotiate with the owner of the lots and at a later date work with the City on a property exchange if he were to acquire the lots. He noted that it had taken him many years but he had done just that. No one else requested to be heard and the public hearing was closed. Brown reviewed Resolution 2003-18 noting that the action was a portion of the same replat as Resolution 2003-17. He noted that the request was to vacate the twenty (20) foot wide undeveloped alley right-of-way adjacent to the westerly property line of the applicant, and the undeveloped portion of Van Buren Street on the East boundary of Two Lake Park. Motion (Griswold/Hohl) Approve Resolution 2003-18 Motion Griswold/Smith) Amend Resolution 2003-18 to add following City Council: Kenai Peninsula Borough to the Title, the first Whereas and Section 1. Motion Passed Unanimous The Commission commented that the action was the same as Resolution 2003-17. Motion Passed Yes: Griswold, Larson, Smith, Roach', Hohl, Keil No: Daley Unfinished Business - None New Business Items for Introduction Amending the Seward City Sign Code to eliminate Free Standing Pole Signs and provide a definition for a "Ground Sign". Amend the definition of "Free Standing Sign" (pole, monument or ground sign) Brown noted that the work plan of the Commission had been to review the sign code upon completion of the Seward Comprehensive Plan. He stated that the City of Seward had a very limited amount of highway frontage and that it was currently very easy to erect pole signage. He asked for direction from the Commission on the issue of eliminating the authorization of pole signs from the Seward Code. City of Seward Planning Commission Minutes August 5, 2003 Volume 5, Page 379 The Commission discussed the issue ofpole signs and strongly supported continued work on the elimination of pole signs and the phasing out of existing pole signs. Other Items of New Business Appoint Commissioner to the Update Committee for the Plan of Action - Seward Fire Department 1986 Dave Squires, Fire Chief, stated that the Fire Department was in the process of updating the Plan of Action for the Seward Fire Department 1986. He noted that he had requested a Commissioner serve on the update committee to have input from the Comprehensive Plan and to represent some part of the public interest in the plan. Commissioner Daley and Commissioner Smith volunteered to serve on the committee. Informational Items and Reports (No action required) Federal road bill removes local control Published in Sunday, July 20, 2003, Anchorage Daily News Seward Waterfront Committee Meeting Minutes, July 22, 2003 Commission Comments Roach' noted that she had received public comment regarding concerns about parking for the proposed Waterfront Development Project. She stated the she felt the Godwin Glacier Dogsled truck continued to be parked as sign. She noted there was currently an illegal sign at the ERA aviation. She stated that attempts have been made by staff to have the sign removed however the enforcement was not in the code. Hohl stated that she felt the Godwin Glacier Dogsled truck was parked as a sign and that in the Conditional Use Permit (CUP) issued in June 2003, one of the conditions was that the truck was to be parked inconspicuously. She noted that the CUP was in jeopardy of being revoked. She pointed out the most restrictive portion of the code was to be used. She stated that the most restrictive portion was "if a vehicle was parked in a manor to be used as a sign, it is a sign." She continued to voice concern on how the vehicle was parked. She stated that Godwin Glacier was not in compliance with their CUP. Smith stated that the problem was once again enforcement. He noted that Godwin Glacier had been told to park the truck inconspicuously they had not complied. He supported instituting the issuing of fines for violators. Griswold thanked the staff for the information included in the packets. She thanked Don Ennis and Louie Bencardino for the continued time and effort they had put into the land exchange in the Two Lakes Park. She expressed hope that the replating ofthe Two Lakes Park be continued and d of Seward Planning Commission Minutes City i st 5 and Volume 5, Page 380 completed. Griswold questioned signs having been erected without first getting a permit. She expressed concern for the commercial traffic driving through the residential neighborhoods. Griswold spoke very strongly against the recent hydro axing on the Railroad property. She noted that a buffer had not been left to aid in visual coverage of the Industrial area. She requested that the Commission and the Railroad work together to preserve the green entrance to Seward. Griswold noted she was very sorry to hear that the request for part time personnel for enforcement had been denied. Larson thanked Commissioners Daley and Smith for volunteering to work on the Seward Fire Department Master Plan. She concurred with the issuance of fines for the violators of the Code and supported the enforcement of such fines. Daley concurred with the shock of the unsightly hydro axing on the Railroad property. She thanked Commissioner Roach' for the continued reports from the Waterfront Development Committee. Keil stated that the enforcement of the Code had long been a priority of the Commission; she noted that until Council was willing to financially support the enforcement there was no way to make it happen. Keil reminded everyone of the Founders Days' celebration. Citizens' Comments - None Stu Clark, Mayor, voiced concerns to the Commission that the Auto Commercial Zoning District along Balliane Boulevard needed to be looked into. He stated the final study from the Waterfront Development Committee was to be completed by the end of August and scheduled to be presented to the Commission and Council in September. Mayor Clark stated that there was a very high probability that Princes Tours would be operating in Seward during the early part of the 2004 season. Commission and Administration Response to Citizens' Comments Adjournment The meeting was adjourned at 9:10 p.m. i Donna Glenz Planning AssisWtu111q#r OF SEby'��si y....... q (City S4�% o� .. 1 L w Cipy of Seward Planning Commission Minutes September 2, 2003 Volume 5, Page 381 Call to Order The September 2, 2003 regular meeting of the Seward Planning and Zoning Commission was called to order at 7:30 p.m. by Tom Smith, Vice -Chair. Opening Ceremony Commissioner Hohl led the Pledge of Allegiance to the flag. Roll Call There were present: Tom Smith, presiding, and Nina Daley Carol Griswold (arrived at 8:20pm) Lynn Hohl Sandie Roach' Kristie Larson Comprising a quorum of the Commission; and Malcolm Brown, Planner Donna Glenz, Planning Assistant Absent was: Mariana Keil — Excused Special Reports City Administration Report Brown stated that the Department of Transportation (DOT), Third Avenue reconstruction project had been delayed another year. He noted that City Administration was currently meeting with DOT officials to determine the time lines of the construction. He noted that complaints had been received from the public that the discussions held during the meetings by the Commission and the City Council could not be heard in the back of the room, he reminded the Commission to speak louder. He noted that City staff had continued to work with the GCI Cable Company regarding the request to place a fiber optic cable in the Tidelands and Right -of -Way. City Council Liaison Report - None KPB Planning Commission Report Commissioner Hohl submitted a written report of the recent Borough Planning Commission meeting. The Commission discussed several parcels that had been listed by the Borough for foreclosure. City of Seward Planning Commission Minutes September 2 2003 Volume 5, Page 382 Other Reports, Announcements & Presentations Seward Waterfront Study Report Presentation by Ann Castellina and Paul Schrooten of the National Park Service. Ann Castellina of the National Park Service presented a overview history of the multi -agency concept. She noted that a Committee had been formed at the request of the City Council and that the committee had worked with an architectural and engineering firm from Seattle. Castellina introduced Paul Schrooten, the landscape architect for the National Park Service. Schrooten stated that the Waterfront Study Report had been written in the form of recommendations. He noted that several public workshops had been held and had been very well attended by the public. He stated that the design firm had been asked to present three (3) different alternatives for the location of the multi - agency facility in the downtown area. He also stated that the architectural firm had presented recommendations in the report to improve land use and zoning in the water front area. He concluded by requesting that the Commission approve the Waterfront Study Report. The Commission suspended the rules to allow the Commission and the public to ask questions of Castellina and Schrooten regarding the presentation. Daley asked for clarification of what the Commission had been asked to approve. She expressed concern regarding the sixteen (16) recommendations presented in the report. A statement of clarification was made that a motion of support was not taking action on any item in the study. It was noted that the recommendation from the Commission was on the Agenda under New Business. Citizens' Comments on any subject except those items scheduled for public hearing — None Approval of Agenda and Consent Agenda Motion (Larson/Daley) Approve the Agenda and Consent Agenda Motion Passed Unanimous Consent The Chair stated that Resolution 2003-19, preliminary plat review, Lot 25A, Original Townsite of Seward, Shea Replat, the August 5, 2003 Regular Meeting Minutes and Informational Items I Oa and 1 Ob had been approved on the consent agenda. Public Hearing - None Unfinished Business Resolution 2003-16 granting a sign ordinance variance to L & J Enterprises, Inc., dba Three Bears for a free standing sign of twenty-five (25) feet in height containing one thirty-six (36) square foot internally illuminated logo sign and one thirty-six (36) square foot internally illuminated fuel price sign at Lot 2, Clear View Manor, 1707 Seward Highway, in the AC (Auto Commercial) zoning district. City of Seward Planning Commission Minutes September 2, 2003 Volume 5, Page 383 Brown stated that the request for a sign ordinance variance to place a twenty-five (25) foot in height, internally illuminated free standing sign on Lot 2 Clear View Manor Subdivision had been brought forward as a Public Hearing during the August 5, 2003 Planning and Zoning Meeting. He stated that the Commission had postponed the item until an attorney review ruling had been received on the ability of a lot to contain more that one street frontage allowing signage. Brown affirmed that the City Attorney's review stated that a lot with two sides abutting public roads was allowed signage on each street frontage. He noted that both staff and the City Attorney stated the current Seward City Code allowed one 20 foot high, thirty two (32) square foot internally illuminated free standing sign per street frontage; and without a required sign permit one twenty (20) square foot fuel price sign per street frontage and that the current parcel contained two street frontages therefore two free standing signs and two fuel price signs were allowed. The Chair reminded the Commission that the motion was on the floor as follows: Motion (Smith/Larson) Approve Resolution 2003-16 Hohl requested that the rules be suspended to allow the public to speak to the issue. There were no objections. The rules were suspended and the Chair requested public comment. Seeing and hearing none the rules suspension was closed. Motion (Daley/Larson) Amend Resolution 2003-16, Section D, findings; by removing all verbiage following the fourth sentence ending with "West side". And change the first sentence to read: This condition has not been met. Daley noted that the verbiage being removed did not pertain to special circumstances. Larson stated that the verbiage was reiterated in other sections and she supported the amendment. Motion Passed Motion (Daley/Larson) Unanimous Approve Resolution 2003-16, Section B, by changing "not" to "partially" in the first sentence. And by adding the following verbiage to the last sentence: "However, since the Code allows one freestanding sign and one fuel price sign per street frontage; two separate freestanding signs and two fuel price signs would be allowed on the property. Granting a variance to allow one oversize sign rather than two separate freestanding signs and two fuel price signs appears to meet the intent of the sign ordinance, as it City of Seward Planning Commission Minutes September 2 2003 Volume 5, Page 384 lessens street side visual clutter caused by freestanding signs". Hohl stated that she did not support the amendment. She noted that she was not in agreement with the findings of the Attorney and staff on the allowed street frontages. Motion Passed Motion (Daley/Roach') Yes: Daley, Roach', Larson, Smith No: Hohl Amend Resolution 2003-16, Section E, by adding to the first sentence "vicinity or the" following "property in the". And change the second sentence following "installation of to read "multiple signs that would cause greater visual clutter in general, being particularly injurious to residential properties in the vicinity". Daley stated that she felt it was important to point out the Commission was concerned about the effect on all the neighboring residents and not just the Auto Commercial District. She noted that by granting the variance the impact on the residential area was less signage than what the code allowed. Hohl stated she felt the Commission was not taking the more restrictive view on the Seward City Code. Motion Passed Yes: Larson, Daley, Smith No: Roach', Hohl Motion (Hohl/Smith) Amend Resolution 2003-16, Section 1 and 2; limit the sign height to twenty (20) feet. Note: Commissioner Griswold arrived and took her place at the dais. The Commission discussed the height of the sign. Noting support for the twenty (20) foot height limit allowed for freestanding signs by the current sign code. Motion Passed Motion (Roach'/Griswold) Unanimous Amend Resolution 2003-16, Section 2, Number 3; by deleting the word "retain" and adding "maintain the tree buffer". Motion Passed Unanimous City of Seward Planning Commission Minutes September 2, 2003 Volume 5 Page 385 Motion (Hohl/Griswold) Amend Resolution 2003-16, Sections 1 and 2, to limit the fuel price sign to twenty (20) square feet. The Commission discussed the size of the fuel price panel. Daley noted that by reducing the overall height and the size of the fuel panel the applicant might feel the request had been so altered that they might refuse the variance and retain the right to place the amount of signage allowed by the current code on the parcel; thereby increasing the visual clutter. Smith supported Daley's view and stated that he preferred less clutter. Motion Failed Vote on the Main Motion as Amended Motion Passed New Business Items for Introduction — None Yes: Hohl, Griswold No: Larson, Daley, Smith, Roach' Yes: Griswold, Larson, Daley, Smith No: Roach', Hohl Commission requested a 5-minute break: 9:02 to 9:07 Other Items of New Business To accommodate the public the Commission requested that the discussion on the Seward Waterfront Study be held prior to the discussion on the draft Sign Ordinance on the Agenda. There were no objections. Discussion of the Seward Waterfront Study Report The Commission discussed the report and thanked the committee for the hard work and effort that had gone into the study. It was reiterated that a motion of support for the pursuit of the "Town Center" concept was not an approval of any specific element of the concept. It was noted that many unknown factors remained that might require substantial change and that further public input and hearings were necessary prior to approval of any final plan. Motion (Griswold/Daley) Recommend to City Council the following: Support approval of the concept alternative three (3) ("Town Center") as recommended by the Seward Waterfront Study. Support approval for further consideration by the City of Seward, recommendations 1- 16 in the Seward Waterfront Study. City of Seward Planning Commission Minutes September 2 2003 volume 5, Page 386 Support approval of the preferred site selection for a Multi -agency center within Motion Passed the "Town Center", recognizing that actual parcels selected by the National Park Service / US Forest Service for development may vary based on final negations with land owners who are ultimately willing to sell their property. Unanimous Discussion of amending the Seward City Sign Code to eliminate Free Standing Pole Signs and provide a definition for a "Ground Sign". Amend the definition of "Free Standing Sign" (pole, monument or ground sign) Brown noted that a draft Ordinance had been included in the packet. He requested that the Commission review the draft Ordinance and submit written comment to staff by September 25, 2003. He noted that the plan was to bring an Ordinance before the Commission as a public hearing item at the October 8, 2003 meeting. Informational Items and Reports (No action required) July 14, 2003, Associated Press, Homer annexation leads to boost in municipal revenues Anchorage Daily News, Road Planners Consider Benefit of Limiting East -side Growth Commission Comments Larson, stated that she had not heard officially on the funding for the Recorders Office. She noted she had a backup plan of requesting private funding if the State refused the funding for the Seward office. She noted that she had been granted a final extension through the end of October 2003 for the office to be removed from the State Court office, noting that it was to move either to Anchorage or if funding was found here in Seward. Roach', stated she was pleasantly surprised that the Godwin Glacier truck was gone. It was noted that the company had closed for the season. Hohl, passed out a draft prohibited sign letter that she suggested staff send to the violators of the sign code. Commission comments were favorable to the draft letter. Griswold, noted that Godwin Glacier had a temporary office allowed by CUP that was to be removed by the end of September 2003. Citizens' Comments - None City of Seward Planning Commission Minutes September 2, 2003 Volume 5, Page 387 Commission and Administration Response to Citizens' Comments - None Adjournment The meeting was adjourned at 9:55 p.m. Donna Glenz Planning Assistant Vi City of Seward October 8. 2003 Call to Order Tom Smith Vice -Chair Planning Commission Minutes Volume 5, Pape 387 The October 8, 2003 regular meeting of the Seward Planning and Zoning Commission was called to order at 7:30 p.m. by Marianna Keil, Chair. Opening Ceremony Commissioner Roach' led the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil, presiding, and Nina Daley Lynn Hohl Kristie Larson Sandie Roach' City of Seward Planning Commission Minutes October 8 2003 Volume 5, Page 388 Comprising a quorum of the Commission; and Malcolm Brown, Planner Donna. Glenz, Planning Assistant Absent was: Carol Griswold — Excused Tom Smith — Excused Special Reports City Administration Report Brown stated that the Community Development Department had been working on a number of grants; he noted that the grants were the Jesse Lee Structure Report Grant, the 2002 Federal Transit Infrastructure Grant, the 2003 Transit Vehicle Grant, the Historic Preservation Trolley Tour Grant and the Update of the Historic Preservation Plan 1996 grant application. He stated that several departments continued to work on the GCI fiber optic cable lease. The historic lighting for Hoben Park was to be completed by the end of the 2003 construction season. Brown stated he had presented a proposal to the City Manager for work on automation of the Seward Address System. Brown noted that the automation ofthe address system was vital to the City and the Kenai Peninsula Borough. City Council Liaison Report — Mayor Stu Clark spoke to the Commission stating that the City Council had approved the concept of the proposed Waterfront Study Report. He noted that the chair of that committee had assured the City that further public meetings were to be held. He reassured the Commission that only the concept of the Study had been approved by Council and that did not include any of the recommendations in the Study. KPB Planning Commission Report Commissioner Hohl submitted a written report of the recent Borough Planning Commission meeting. Commissioner Hohl requested that the Chair allow a report on the New Seward Middle School project. Hohl stated she had five different conceptual site and building plans for the proposed Seward Middle School. She noted that the project was set for completion in July 2005. Hohl noted that the Borough was currently negotiating with the property owners for the site of the school. She stated that the preferred concept by the committee had access off of Sea Lion Drive. She noted that the next meeting was scheduled for October 22, 2003 in Seward. Other Reports, Announcements & Presentations Citizens' Comments on any subject except those items scheduled for public hearing City ofSeroard October 8, 2003 Planning Commission Minutes Volume 5. Pape 389 Bob Valdatta, 528 Fifth Avenue, voiced concerns regarding the relocation ofthe downtown businesses with the new Waterfront Development Study. Jerry Waliezer, Seward, supported a review ofthe zoning changes proposed by Steve Leirer for the Leirer Industrial Subdivision. He encouraged flexibility of zoning on properties in the area. D. J. Whitman, Seward, Seward Ships, spoke in support of the review ofthe zoning changes proposed by Steve Leirer for the Leirer Industrial Subdivision. He stated that the industrial area of Seward was growing and he supported the review take place as soon as possible. Jerry Dixon, Seward, spoke to support the cross-country trail system for the Seward schools. He encouraged the planning of trails during the planning stages of the New Seward Middle School. He spoke against road access between the Elementary and Middle Schools that cross the current trails. Rich Houghton, Seward, supported incorporating the trail system during the planning stages of the New Seward Middle School. Approval of Agenda and Consent Agenda Motion (Larson/Hohl) Approve the Agenda and Consent Agenda Motion Passed Unanimous The Chair stated the September 2, 2003 Regular Meeting Minutes were approved on the Consent Agenda. Public Hearing Resolution 2003-20, of the Seward Planning and Zoning Commission of the City of Seward, Alaska, granting a Conditional Use Permit to Kate Anthony to construct and operate a four-plex in the Office Residential Zoning District at 425 Fourth Avenue, Lot 8A, Block 24, Original Townsite of Seward, Anthony Replat (replat pending final Kenai Peninsula Borough approval) Commissioner Keil declared a conflict of interest, as she had final investments with the property owner. She declared she would have financial gain or loss regarding the property. It was ruled Keil had a conflict and she removed herself from the dais to take a seat in the audience until the issue was completed. Commissioner Larson took the position as chair. Brown stated that the owner of the three originally platted lots, located at Lot 8A, Block 24, Original Townsite of Seward, was currently working with the Kenai Peninsula Borough to complete the replatting process of vacating the interior lot lines. Brown noted that the applicant had received a building permit to construct an addition to the single family home, creating a duplex on the property. The applicant was currently applying for a Conditional Use Permit to construct an additional two units, creating a four-plex. Brown stated that the parking plan required eight parking spaces. He City of Servard Planning Commission Minutes October 8 2003 Volume 5, Page 390 noted that the lot coverage was nearly at the max coverage of 35%. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. Bob Valdatta, Seward, requested a response to a question he had received on the possibility of spot zoning and if there was a plan for snow removal. In response to Valdatta, Brown stated that the property was currently zoned Office Residential which allowed multi-plex (3-4 unit) by Conditional Use Permit. Brown stated that spot zoning was not an issue. Kate Anthony, Seward, spoke to the Commission as the applicant and property owner. She noted she was available for questions. She stated that the snow storage and removal plan was that all snow removal and storage was located on the private property. She noted that the planned parking lot area allowed for parking and turning space on the property. In response to Hohl, Anthony stated the dumpster location was planned for the alley side of the property. No one else requested to be heard and the public hearing was closed. Motion (Roach'/Hohl) Approve Resolution 2003-20 Roach' stated she supported the creative way the property owner had proposed development of the property to accommodate a four-plex unit. Motion (HohURoach') Motion Passed Main Motion Passed Amend Resolution 2003-20 to add item 5, section 1 to read; Dumpster to be located off the rear alley. Unanimous Unanimous Commissioner Keil returned to the dais and resumed her position as chair. Resolution 2003-21, of the Seward Planning and Zoning Commission of the City of Seward, Alaska, recommending that the City Council amend Table 15.10.225. Land Uses Allowed to allow mobile medical units as a use permitted outright in the Institutional Zoning District Brown stated that a request from the City Manager had been received to amend the Land Uses Allowed Table in the City Code to allow mobile medical units as a use allowed outright in the Institutional Zoning District. He noted that the current code did not allow for the usage of vans or trailer mounted units. Brown stated that Prov/Seward Medical Center had received a grant that allowed for the purchase of a mobile CT Scan unit. He noted that the City of Seward was also to City of Seward Planning Commission Minutes October 8, 2003 Volume 5. Paee 391 receive a mobile decontamination unit through the Homeland Security Grant. Brown stated staff supported amending the City Code to allow for mobile medical units in the Institutional Zoning District. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. Jennet Hermiston, MD, Seward, spoke to the Commission as the medical director from Prov/Seward Medical Center. She stated that the facility had received a $300,000.00 grant to purchase the CT Scan Unit. She reiterated that the unit was a very valuable tool in the diagnosis and treatment of emergency care. She stated that currently patients were taken to Anchorage for this testing at a very high cost in both time and money to the patient and loss of revenue to the community. She requested that the Commission support the requested change in the Zoning Code to allow mobile medical units in the Institutional Zoning District. In response to Commissioner Kiel, Hermiston stated that when the addition to the hospital of the Wesley Rehab and Care Center was constructed, the plan was to incorporate the CT Scan into the building addition. She noted that the hospital currently planned to use the CT Scan as a mobile medical unit approximately three to five years while the addition was planned and constructed. Bob Valdetta, Seward, spoke in support of the change to allow mobile medical units in the Institutional Zoning District. Kris Erchinger, Seward, she stated that she had worked with others over the years in applying at the Federal level for funding of a CT Scan unit, only to be turned down. The funding for this current CT Scan unit was made available through the Denali Commission on a very short time frame. Erchinger noted that the City was also working with the Denali Commission on funding for the Long Term Care facility and voiced concern that turning down the grant for the CT Scanner could possibly jeopardize the relationship for future funding. She encouraged the Commission to support the change to the City Code to allow mobile medical units in the Institutional Zoning District. No one else requested to be heard and the public hearing was closed. Motion (Daley/Larson) Approve Resolution 2003-21 Daley spoke strongly in support of finding a way to allow the mobile medical unit in the Institutional Zoning District; however she voiced concern and advised caution with changing the code on such short notice. She pointed out that a definition of a mobile medical unit was also needed. Motion (Hohl/Larson) Amend Resolution 2003-21 by changing the table to allow Mobile Medical Units in the Institutional Zoning District as a P/C. (P) Administrative permit and (C) Conditional Use Permit. To add an item (f.) to section 15.10.225 Land Uses Allowed, reading: Mobile Medical Units may be allowed by administrative permit for up to 180 days, to City ofSeriard October 8, 2003 Planning Commission Minutes Volume 5, Awe 392 allow time for the completion of the Conditional Use Permit process. Hohl reminded the Commission that by changing the code to allow mobile medical units in the Institutional Zoning District was not only the one unit at the hospital but was addressing other areas of the community as well. That by allowing them as an out right use there were no controls on what could be brought in to the community in the future. The Commission discussed and spoke in full support of allowing the mobile medical units by administrative permit for 180 days followed by a Conditional Use Permit. Hohl noted that a letter to the Commission had been presented to each Commissioner from Commissioner Griswold. [Note: A copy of this letter to be included in the minutes at the end] Motion Passed Motion (Larson/Hohl) Motion Passed Unanimous Accept the staff "house -keeping" revisions as follows: 1) add "Enactment Date" to header. 2) correct 2"" Whereas to "permitted/conditional". 3) correct error in "Now, Therefore, the City of Seward Ordains". 4) change Section 2 from resolution to "ordinance". Unanimous Consent Daley questioned if a mobile medical unit would count towards the total lot coverage. Following discussion it was decided that the issues of lot coverage be addressed in the administrative permit review process. The Commission also discussed the location of the units on the properties, reiterating that all setbacks and right-of-ways must be adhered to. It was decided that the location must be addressed in the administrative permit review process. Vote on the main motion as amended Motion Passed Unfinished Business Unanimous Amending the Seward City Sign Code to eliminate Free Standing Pole Signs and provide a definition for a "Ground Sign". Amend the definition of "Free Standing Sign" (pole, monument or ground sign) Brown noted that at the September meeting a draft Ordinance had been included and a request made for comments from the Commission regarding the proposed change to the sign code. He stated that Commissioner Daley had submitted strong recommendations for allowing pole signs but lowering City of Seward Planning Commission Minutes October 8, 2003 Volume 5. Pane 393 the height restrictions to eight (8) feet. Brown noted that Daley's comments and recommendations had been handed out as a lay down to the Commission. He requested continued review and comments be submitted to administration. The Commission discussed the sign code changes and requested that the issue be addressed at the November 18,, 2003 work session. Motion (Larson/Roach) Move to postpone action until after the November 18, 2003 work session. Motion Passed New Business Items for introduction Unanimous Consent Letter from Steve Leirer, dba Leirer Enterprises, requesting review of the development requirements and land uses in the Industrial Zoning District Brown stated that administration had received a letter from Steve Leirer requesting a review of the zoning code for the Industrial Zoning District. He also noted that Leirer had submitted an additional letter to the Commission as a lay down, which he read into the record. In the letter Leirer offered the following comments to be of assistance to the Commission: 1. To provide as -built drawings of the locations of structures in the industrial area. 2. To provide upon request, any additional and technical information needed from the surveyors, Lounsbury and Associates Inc. 3. To solicit comments and input from the lessees concerning the zoning in the area. 4. To provide a list of the lessee/tenants addresses for direct communication from the Planning Dept. The Commission discussed the letters from Steve Leirer and agreed that the issue of setbacks and zoning in the Industrial District needed to be reviewed. It was noted that the issue had been on the "To Do" list. The Commission agreed to prioritize the "To Do" list and work on the zoning issue for the Industrial Zoning District in the order of priority at the November 18, 2003 work session. Informational Items and Reports (No action required) States are "Missing the Bus" by Failing to Connect Economic Development with Job Access to Public Transportation, a study by "Good Jobs First", September, 2003 Kenai Peninsula Borough Transportation Plan Update, Newsletter, Volume 2, September, 2003 Commission Comments Roach', stated that she was looking forward to the "To Do" list. City of Seward October 8, 2003 better. Planning Commission Minutes Volume 5, PaRe 394 Hohl, noted that the Three Bears pole sign had been shortened and she felt looked much Larson, stated that the State funding to allow the recorders office to stay in Seward had not been approved. She noted that private funding had been secured to keep the office open in Seward until June 2004. She thanked Mayor Stu Clark for his support for the Planning and Zoning Commission and for the time and effort put forth as the Liaison from Council. Daley, informed the Commission and the public of the public meeting planned for Wednesday, October 15, 2003, at the AVTEC auditorium on the Seward Mariners Memorial. Citizens' Comments Bob Valdatta, Seward, stated that he was aware of funding that was available from the State for trail work. He voiced concern that it was his understanding that the AVTEC shop had been slated to be torn down several years past and if it would be allowed to be rebuilt in the current zoning. He questioned the location of the fiber optic cable as to whether it might be in the way in the future. Commission and Administration Response to Citizens' Comments - None Adjournment The meeting was adjourned at 9:30 p.m. Donna Glenz Planning Assistant (City Seal) 41 • o � .s {�p�ry1 ^F.'r `^I {Ins, � • A �. _O a,toe; OF P0s%6`o M 'anna Keil Chair Note: Commission requested the following be added to the October Minutes October 6, 2003 To the Seward Planning and Zoning Commission From Carol Griswold, Commissioner Dear Commissioners and Staff, Due to a prior commitment, I am unable to make this Wednesday's P&Z meeting. However, I do have some concerns and comments about the issues on the agenda. Resolution 2003-21, Mobile Medical Units I do not have access to any essential maps showing the exact location of all the Institution Zones, lay downs with any proposed locations for this 45 foot semi -trailer, or further, clarifying explanations, so I am proceeding with the information in my packet and the Log article. I did talk to Fire Chief Squires regarding the Building Code and Fire Code regulations. There is no doubt that this CT Scanner will be a valuable addition to health care in Seward. As there is little interest in creating a permanent foundation to house it in a building at this time, P&Z must consider the best options to permit a semi -trailer or other "mobile units" in Seward. In brief, I would suggest that this, and all other future similar requests be a CUP instead of a use permitted outright. I would like the P&Z to know exactly where the "mobile unit" will be places, and to hear periodic updates on the use, in order to have some control over the number and location of other mobile medical units. In addition, IF this particular semi -trailer is allowed either as an outright use or a conditional use in the Institutional Zoning District, several issues need to be addressed including location, ROW encroachment, parking, length of time permitted, and zoning. As I understand from talking to Fire Chief Squires, the preferred parking space for the 45-foot mobile medical unit is due south of the emergency room, on the other side of the brick wall, outside the canopy. This puts it partially in the right of way, and removes 4 parking spaces. I am concerned about the loss of parking spaces in an already tight parking lot, and wonder if they have enough required parking without these 4 spaces. I am also concerned about the precedence of permitting anything to encroach into the ROW. Once we allow this one, others will ask for the same. What about snow removal, road maintenance, traffic safety? This is the direct route from Lowell Canyon and the former location of the creek, or raging river, during floods. If the tunnel fails, how mobile will this trailer be? Will it impede emergency access? This is also the Mt Marathon race route: will public safety be an issue if the ROW is narrowed? There must be very compelling findings regarding the impact on public health, safety, and general welfare to allow reduced parking and ROW encroachment. Another possible location is the east side or front of the building. This is the most visible location, where everyone accessing the building would see it. As the neighbor directly opposite the hospital on this side, I would not be in favor of this most visible location for a trailer van. A third option is directly west of the hospital in the current delivery van driveway. This is a narrow driveway that Chief Squires said would not be used by fire trucks. Currently it serves as a delivery van access. It is near the emergency room, out of sight of the neighbors and community, not in the ROW, and does not remove any parking spaces. I would be most in favor of this location. The inconvenience of the delivery vans would seem to be a small trade-off for this most desirable location. As we have frequently observed, there is nothing more permanent than a temporary structure. Although the hospital plans to expand and incorporate this into its future structure, it is unknown and unknowable how long that might be. Other mobile medical units, such as the KPB mobile decontamination unit should have P&Z review instead of authorizing a blanket approval for all institutionally zoned land. Especially since they do not know where it should be located yet. I would like to see a map of all our City land that is zoned Institutional before granting any permits or zone changes. What lands exactly will be impacted by this decision to allow mobile medical units? For the above reasons, I support retaining our code as is currently written, and allow mobile medical units as a CUP based on each unique situation. There are too many opportunities for an unwelcome "surprise" if this amendment to the zoning code passes. Thank you. Carol Griswold City of Seward November 5, 2003 Call to Order Planning Commission Minutes Volume 5, Poee 395 The November 5, 2003 regular meeting of the Seward Planning and Zoning Commission was called to order at 7:30 p.m. by Tom Smith, Vice -Chair. Opening Ceremony Commissioner Griswold' led the Pledge of Allegiance to the flag. Roll Call There were present: Tom Smith, presiding, and Carol Griswold Lynn Hohl Sandie Roach' Comprising a quorum of the Commission; and Malcolm Brown, Planner Donna Glenz, Planning Assistant Absent were: Marianna Keil — Excused Nina Daley — Excused Kristi Larson - Excused Special Reports City Administration Report Brown review the statistics for the building permits that had been issued for the first three quarters of 2003. He noted that staff had attended a Borough Floodplain workshop in October. He stated that staff had submitted a requisition to the City manager to contract with a mapping consultant to update and automate the current hard -copy City street addressing system. Brown stated that GCI had paid $75,000.00 for a 25 year permit to place the fiber optic cable in the Tide Lands. He noted that under the Municipal Lands Entitlement 6.27 acres of tidelands had been accepted by the City Council. Brown stated that the City Budget work session was scheduled for November 7, 2003. Hohl noted that it had been published in the news paper that the City manager stated that the $75,000.00 from the GCI fiber optic cable land use permit was to be placed in the General Fund. She noted that in the Land Management Plan the goal was to keep the one time funds separate to be used for special projects. City Council Liaison Report — None City of Seward November 5, 2003 KPB Planning Commission Report Planning Commission Minutes Volume 5, Paee 396 Commissioner Hohl submitted a written report of the recent Borough Planning Commission meeting. Other Reports, Announcements & Presentations Insurance Service Offices (ISO) community rating presentation by the Seward Volunteer Fire Department Dave Squires, Fire Chief gave a Power Point presentation on the community rating for the Insurance Service Offices. He reviewed the different rating points and the criteria of how they were obtained. Citizens' Comments on any subject except those items scheduled for public hearing Approval of Agenda and Consent Agenda Motion (Hohl/Griswold) Motion Passed Motion (Griswold/Hohl) Motion Passed Public Hearing Remove items 9 B. 1 and 2 from the Consent agenda Unanimous Consent Approve the Agenda and Consent Agenda Unanimous Consent Resolution 2003-22, a resolution of the Seward Planning and Zoning Commission of the City of Seward, Alaska, recommending that the City Council amend the Seward City Code to provide a definition for mobile medical units a to establish the er-i eria for a permit (amended) Brown stated that City Council had approved amending the Zoning Code to allow as an outright use, mobile medical units in the Intuitional Zoning District. He read into the record the following proposed definition: Mobile medical unit. A fifth wheel trailer, motorized coach or van capable of being transported from place to place, containing medical equipment such as a CT scanner, MRI or similarly complex medical diagnostic device or a decontamination unit. Does not include medical or dental practitioner's offices or treatment centers, or storage facilities. The square footage of the units shall count towards lot coverage. Notice of the public hearing as posted and published as required by law was noted, and the public hearing was opened. No one requested to be heard and the public hearing was closed. 00 ofSeivard Planning Commission Minutes November 5, 2003 Volume 5. Pane 397 Motion (Griswold/Hohl) Approve Resolution 2003-22 The Commission discussed the possibility of confusion in using the wording "decontamination unit" verses "decontamination equipment". Motion (Griswold/Rohl) Amend Resolution 2003-22 to change the word unit to equipment. Remove thewords "fifth wheel" to read trailer. Add the words clinic, or other to the second sentence. Hohl requested that the words fifth wheel be removed; she noted that the words were too limiting. Roach' requested that a clear distinction between diagnostic and treatment be added to the amendment. The Commission discussed the clarity of not allowing treatment of any kind within the mobile medical units. Motion Passed Unanimous The Commission held a lengthy discussion on the definition of structures in the City code. It was reiterated that the City code states trailers are considered structures. It was noted that by City code structures of any kind were not allowed in the setback or right-of-ways. Motion (Smith/Hohl) Vote on Main Motion as amended Motion Passed Unfinished Business Amend Resolution 2003-22 by changing the last sentence to read: The units are structures for lot coveraee and setback Purposes in accordance with Title 15. Unanimous Review and discussion of zoning concerns in the Industrial Zoning District Brown reviewed the request by Steve Leirer to review the development requirements for the Industrial Zoning District. He stated that Leirer was currently gathering information from the tenants of the Leirer Industrial Subdivision on current and future uses. Hohl requested the Commission suspend the rules for public comment. Jerry Waliezer, Seward, spoke in support of changes to the code. He suggested that the Commission hold a work session on the review of zoning issues in the Industrial Zoning District. Commission discussed the priorities of the work session agenda. It was decided to complete City of Seward Planning Commission Minutes November 5, 2003 Volume 5 Page 398 tho Comprehensive Plan action items at the November 18, 2003 and review the Industrial Zoning Distria zoning and land use at the December work session. Review and discussion of the recommendations and site plan in the Waterfront Study Report, dated August 15, 2003 Brown stated that when the Waterfront Study Report had been presented to the Commission at the September meeting it had been presented as a lay down item. He noted that neither staff nor the Commission had reviewed the report. Brown noted that staff had currently provided a review of the report for the Commission to discuss. The Commission discussed and agreed that the study be reviewed at the November work session. Review and discussion of the Action Items to be included in the Draft Seward Comprehensive Plan (2020) Brown stated that the action items for the Comprehensive Plan update had been included in the packet for the Commission and the public to review. He noted that staff had made a recommendation that the Land Use Map for the Comprehensive Plan be reviewed as a separate item following the completion of the Comprehensive Plan update. The Commission agreed that the Land Use Plan be reviewed and updated as a separate item following the completion of the Comprehensive Plan update. Hohl requested the Commission suspend the rules for public comment. No one requested to be heard. October 8, 2003 Minutes pulled from Consent Agenda Hohl requested that the minutes be amended to reflect that her presentation of the plans for the new Middle School state they were conceptual site and building plans. Motion (Hohl/Roach') Amend the October 8, 2003 minutes to read conceptual site and building plan for the new Middle School. Motion Passed Unanimous Consent Griswold requested that the lay down she had submitted to the Commission regarding the zoning change issue on the Mobile Medical Unit be entered into the minutes. The Commission requested by unanimous consent that the lay down be added to the minutes. Motion (Hohl/Smith) Approve the October 8, 2003 minutes, as amended Motion Passed Unanimous City of Seward November 5. 2003 Planning Commission Minutes Volume 5. Pane 399 Resolution 2003-23, Preliminary Plat Review of an interior lot line vacation of Lots 7 and 3A, Block 1, Marina Subdivision, Mindenbergs Replat Hohl requested a review and approval by the Commission. Brown stated that the property was currently owned by the City and leased to Juris Mendenbergs, dba the Breeze Inn. He noted that Council had approved the request by Mendenbergs, authorizing the City to enter into a new lease agreement based on the approval of the replat. Brown requested that the Commission discuss and reword the emergency service vehicle access recommendation on the draft resolution. He noted that the current recommendation, if approved hampered parking. He recommended changing the wording to "Provide a twenty foot vehicle access in accordance with the Fire Code". Hohl requested that the rules be suspended to allow comments from the public. No one requested to be heard. Motion (Griswold/Roach') Motion (Griswold/Hohl) Motion Passed Motion (Hohl/Griswold) Approve Resolution 2003-23 Amend Resolution 2003-23, Section 1, number 1, bullet 3; delete and reword to read Provide twenty (20) foot emergencv service vehicle access in accordance with the Fire Code. Unanimous Amend Resolution 2003-23, Section 1, number 1, bullet 2; add following "regulation" including the requirement for a Conditional Use Permit for expansion of existing hotel. Hohl stated she had reviewed the Community Development file on the property. She informed the Commission that the current use of the hotel was a non -conforming use and operated with out a Conditional Use Permit (CUP). She noted that the file included documentation dating back to 1985 regarding the required CUP, noting that any changes to a non -conforming use require a CUP; however she stated that the developer had somehow been allowed to continue to develop without obtaining the required permit. She stated that according to the file documentation, staffhad notified the developer of the CUP requirement for any future development. Motion Passed Unanimous Vote on the main motion as amended Motion Passed Unanimous Informational Items and Reports (No action required) City of Seward Planning Commission Minutes November 5 2003 Volume 5, Page 400 Letter re: Multi -Agency Facility from Joanne Hoogland Commission Comments Roach', stated that she was unhappy to see a chain link fence installed on the GCI Cable property. She noted that the property along the entrance to Seward should be held to a higher standard. Hohl, stated that there were two (2) books available for check out on the new Middle School schematics and design. She asked if staff had implemented the form letter she had submitted on prohibited signs. Hohl requested that the City Manager keep in mind the history ofthe sidewalk and fuel delivery issues when negotiating the lease for the Gateway Texaco. Griswold, thanked staff for the review of the Waterfront Study Report. She expressed serious concerns for the process and handling by Council of the mobile medical unit code change. She asked that the Commission revisit the non -conforming structure portion of the code. Griswold asked that the Commission consider the importance of right-of-ways and setbacks. She would like to revisit and possibly provide some education as to why the City of Seward has right-of-ways and setbacks. Smith, apologized for missing the work sessions, noting he had been out of town. He supported Hohl's recommendation that the parking and safety issues at the Gateway Texaco be seriously looked at when the lease negotiations take place. He concurred with Griswold on the serious need for setbacks. Citizens' Comments Commission and Administration Response to Citizens' Comments - None Adjournment The meeting was adjourned at 9:50 p.m. L6�1 Donna Glenz Planning Assistant %st11111►1j1, ys1 Orr SEA, e�� �y .......... (City Seal.° (� .-Oj Orj � s+ SEAp ® m OF �• u �-4041111110'* 1 i 77 Tom( Smith Vice -Chair City of Secoard December 2, 2003 Call to Order Planning Commission Minutes Volume 5, Paee 401 The December 2, 2003 regular meeting of the Seward Planning and Zoning Commission was called to order at 7:30 p.m. by Marianna Keil, Chair. Opening Ceremony Commissioner Smith led the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil, presiding, and Nina Daley, Carol Griswold, Kristi Larson, Sandie Roach' Tom Smith Comprising a quorum of the Commission; and Malcolm Brown, Planner Donna Glenz, Planning Assistant Absent was: Lynn Hohl Special Reports City Administration Report Brown noted that a limited amount of funding had been approved to begin the automated street addressing system. He reported that the City Clerk had received the hard copy revisions for the City Code Book and had requested that all code books be brought in for update. He noted that the first public meeting for the Airport Master Plan was scheduled for December 10, 2003 in Council Chambers. Brown noted that staff was currently working with the Alaska Railroad on code enforcement issues against one of their leaseholders, Godwin Glacier Dogsled Tours. He stated that the surveyor MacSwain Associates had been hired to update the appraisals on the City properties leased to the Air Force and Army Rec Camps. Brown noted that the City had granted a second extension to Afognak Construction to complete the required subdivision development agreement contract for the proposed Afognak Acres Subdivision. He noted that the agreement was required to continue the plan for the Gateway to Forest Acres water line extension. City Council Liaison Report — None KPB Planning Commission Report — None City of Seward Planning Commission Minutes December 2, 2003 Volume 5, Page 402 Other Reports, Announcements & Presentations - None Citizens' Comments on any subject except those items scheduled for public hearing Doug Lechner, Shoreside Petroleum, Seward spoke to support the review of setbacks in the Industrial Zoning District. He stated that Shoreside supported the zero setback proposals in the Industrial area. He noted that safety was the prime concern. Jerry Waliezer, Seward, spoke in support of the zero setback issue in the Industrial district. He stated that the property owners/leaseholders were responsible in looking out for snow removal, safety etc. and that doing so was in their own best interest. Steve Leirer, Anchorage, spoke as a property owner in the Industrial Zoning District and in support of the zero setback issue. He noted that he felt the fire and building code covered the safety issues for new building construction. D. J. Whitman, Seward, spoke in support of the zero setback issue in the Industrial Zoning District. He concurred with previous public comment that the fire and building code covered the new building safety issues for setbacks. No one else requested to be heard and the public comment period was closed. Approval of Agenda and Consent Agenda Motion (Larson/Smith) Motion (Griswold/Larson) Motion Passed Approve the Agenda and the Consent Agenda Add item "F" to New Business; "Consideration of forwarding a resolution to Council in support of the Community Development Office". Unanimous Griswold requested that Item E, Approval of the 2004 Planning and Zoning meeting schedule, be removed from the Consent Agenda. Hearing no objections Item E was removed from the Consent Agenda. Vote on the Main Motion Motion Passed Unanimous The Chair stated that the November 5, 2003 Regular Meeting Minutes were approved on the Consent Agenda. Public Hearing - None City of Seward December 2, 2003 Unfinished Business Planning Commission Minutes Volume 5, P¢ee 403 Resolution 2003-24, a resolution of the Seward Planning and Zoning Commission of the City of Seward, Alaska, concerning the recommendations and site plan in the National Park Service and US Forest Service Seward Waterfront Study Report, dated August 15 2003 Brown stated that the Waterfront Study Report had been presented to the Commission as a lay down item at the September meeting. He noted that neither staff nor the Commission had been afforded the time to review the study or to make recommendations or comments on the sixteen (16) recommendations of the study. Brown stated that at the November 5, 2003 the Commission had requested the recommendations be reviewed at the November work session. He noted that Resolution 2003-24 summarized the view points and results of the November work session. Brown informed the Commission that the Waterfront Study had been presented at City Council; however the Planning and Zoning Commission had not had the opportunity to forward an accompanying resolution with the recommendations of the Commission. Motion (Griswold/Roach') Approve Resolution 2003-24 The Commission discussed the recommendation of a "town center"; while supportive of the idea of a town center they did not support the recommended location. It was noted that at the time the Alaska Sealife Center was constructed, the plan was to utilize it as the town center. Motion (Griswold/Larson) Motion Passed Motion (Smith/Larson) Amend Resolution 2003-249 Recommendation 15 by striking «Ait exeellent reeommendati", adding "encourage the use of the existing plaza at the Sealife Center as the town square." Yes: Daley, Griswold, Smith, Larson No: Roach', Keil Amend Resolution 2003-24, under Recommendations, Putting power service under ground; by deleting "b-',� the ;users not City" and adding "through uuv � municipal funds as part of the infrastructure" Commission discussed the desire and the encouragement of under ground electric service in the City. Motion Passed Unanimous Vote on main motion Motion Passed Unanimous City of Seward December 2, 2003 Planning Commission Minutes Volume 5. Paee 404 Review of the Action Items to be included in the Seward Comprehensive Plan (2020) Brown stated that the action items presented were ready for the Commissions approval to forward to the consultants to include in the Comprehensive Plan. He noted that the Comprehensive Plan was then to be completed and returned for the Commission to present to the public for comment at a Public Hearing. The Commission discussed the action items as presented. Several housekeeping items were requested. The Commission added action items as follows: under Education, "Support adequate funding for intra-sport school district, music and art programs at the middle and high school level". Under transportation, "Encourage the State to upgrade lighting and striping on State Rights -of - Ways". New Business Resolution 2003-25, a resolution of Commission of the City of Seward, Commission priorities for 2004 the Seward Planning and Zoning Alaska, recommending the Planning Brown stated that the Planning Commission had discussed and reviewed the priorities list at the November work session. In response to Commissioner Daley, Brown stated that in review of previous Commission recommendations, zoning setbacks in all zoning districts were to be reviewed and updated upon completion of the Compressive Plan. Motion (Griswold/Larson) Approve Resolution 2003-25 Commission discussed the priorities list for 2004. Motion (Griswold/Smith) Amend Resolution 2003-25, City Land, Right -of -Ways; Number 4, add "Acquire USS 1931 (29 adjoining acres)" Commission noted that the desires of the public and the Commission had been to acquire the land adjoining Two Lakes Park that included the encroachment of the emergency evacuation route. Motion Passed Unanimous Consent Daley requested that a clarification be added to the setback review. She noted that the Commission had been working with the property owners and lease holders on the setbacks in the Industrial Zoning District and suggested that the Industrial setback issue be added to the priorities list as a separate issue. Motion (Daley/Larson) Amend Resolution 2003-25, Code Revisions section, add Number 7 to read "Review and update Industrial Zone development requirements". City of Seward Planning Commission Minutes December 2, 2003 Volume 5, Paee 405 Motion Passed Unanimous Vote on Main Motion, as amended Motion Passed Unanimous Review of a request for the City to consider acquiring U.S.S.1931, consisting of approximately twenty nine (29) acres, and address the existing Two Lakes Trail encroachment on that private property. Brown reviewed the request to the City from the property owner of the 29 acres ofUSS 1931 to reconsider the City Council's decision not to purchase the property. He noted that the public had supported the acquisition of the property in order to expand the land holdings adjacent to the Two Lakes Park. The Commission held a discussion and requested that staff bring forward to the Commission a resolution in support of the acquisition of the twenty nine (29) acres of USS 1931. Review of building setbacks in the Industrial Zoning District Brown reviewed three courses of action presented to the Commission for consideration on the review of setbacks in the Industrial Zoning District. He noted that the options were as follows: 1. Initiate a variable scale, as is done in the City of Soldotna. 2. Increase or decrease the existing setbacks, using fixed distances. -or- 3. Leave the setbacks as they currently are, and not address them for a set period of time or until the Comprehensive Plan is adopted. The Commission discussed the options and requested that the staff bring a sample resolution and ordinance based on option two (2) forward to the Commission for review. Approval of Planning & Zoning Meeting Schelgle for 2004 Griswold requested that the May, October and November meeting dates re -scheduled for Wednesday evenings be re -scheduled to Thursday evenings. The Commission discussed and requested the needed changes be made to Thursday evenings. Consideration of forwarding a resolution to Council in support of the Community Development Office. Griswold stated that the Commission had discussed at the previous work session that a resolution be forwarded to Council to recommend the Community Development Office and the Planner position be fully supported and funded in the 2004 budget. The Commission directed staffto prepare a statement of support be prepared and forwarded to the City Council. Informational Items and Reports (No action required) - None City of Seward December 2, 2003 Commission Comments Planning Commission Minutes Volume 5, Pa¢e 406 Daley apologized for missing the last work session and meeting noting she had been out of town due to work. She thanked Commissioner Griswold for speaking up in support of the Planner position and the Community Development Office. Larson thanked Commissioner Daley for her continued written input to the Commission meetings and work sessions when she was unavailable to attend. Griswold thanked the public for the comments and support. She thanked Shoreside Petroleum for the continued effort to landscape and beautification in the Industrial area. Smith thanked the public for their input on the setback issue in the Industrial area. Roach' also thanked the public for the comments on the zoning setback issue. She stated she would like to also receive comments from members of the public other than the land holders in the Industrial District. Citizens' Comments Doug Lechner thanked the Commission for working on the setback zoning issue in the Industrial area. He noted that he planned to continue to work with the Commission on the issue. Commission and Administration Response to Citizens' Comments The Commission set the topic for the December work session as the Land Use Plan. Adjournment The meeting was adjourned at 9:50 p.m. 10"t4 4y_ Donna Glenz Planning Assistant (City Seal) e' VyGOAP0F�•4� r . 'T'. a x '�' • .e o®®°a A GNe i s A9�•c3��,so *ilia O a A%p ` � L Mar' a Keil Chair