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HomeMy WebLinkAbout2006 Planning & Zoning Minutes City of Seward, Alaska January 3, 2006 Planning Commission Minutes Volume 6, Page 1 Call to order The January 3, 2006 regular meeting of the Seward Planning & 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 Carol Griswold Lynn Hohl Sandie Roach' Tom Smith Kay Strobel Sue Banas comprising a quorum of the Commission; and Clark Corbridge, City Manager Malcolm Brown, Planner Donna Glenz, Planning Assistant City Administration Report Planner, Malcolm Brown updated the Commission on the following business items: ~ Department of Natural Resources approved a Historic Preservation CLG grant for work in the Hoben Park based on several conditions. The Commission and staff continue to work on those conditions. ~ Staff was working on submitting a memorandum of understanding between the Kenai Watershed Forum, the Seward Bear Creek Flood Service Area the City of Seward and the Kenai Peninsula Borough to upgrade the flood mapping on the eastern side of the Peninsula. ~ Brown noted staff continued to work on the replat for City owned land Lot 1, Block 6 Seward Small Boat Harbor. ~ The appraiser was scheduled to be in Seward January 4,2006 regarding the City owned Tract H, Fourth of July Subdivision, Roberts Subdivision. ~ Airport Master Plan continued to be on hold until the hydrologist returned from working the Katrina disaster in the lower 48. ~ The topic for the January 17,2006 work session needed to be chosen. qfY M~n'hr, f:'tri'- Cprba1dlll. prQSUnWp the Commission with UJ$WIl frOll} fue a4mirpslAfipn. City of Seward, Alaska January 3, 2006 Planning Commission Minutes Volume 6, Page 2 Corbridge introduced Tom Shepard, Project Manager and Building Official to present a review of the building permit process. Tom Shepard, stated the Building Department was in the process of reorganization. He noted the process to acquire a building permit was as follows. Applicant picks up a building permit packet, containing the application and general information and instruction about the process. Applicant was then encouraged to visit with individual departments about the property and the requirements. Application was then filled out and turned in. Shepard noted that typically once a completed application including all documentation for review had been subrnitted the process takes 30 days. He noted that if and when significant change was requested or required during the process the time frame might change. He stated the staff was currently reviewing the application and review process and planned to provide an updated process for the 2006 building seasons. Corbridge, reviewed and requested input from the Commission on the following recommendations he had prepared for Council regarding the Boards and Commissions. He stated he intended to review the portion of the project that applied to the Planning Commission. ~ Recommend the Commission hold two (2) regular meetings per month. ~ All items currently required by the City code, recommend a code provision that Council could specifically assign items to Planning and Zoning, all items that appear to administration to be appropriate be referred to P&Z ~ Review of the new staff position that was planned to handle all of the Boards and Commissions. He hoped to hire by mid February. Duties for the executive liaison were noted as follows: · Working with the City Clerk to be certain that appropriate notice was given of all P&Z functions, including meetings. · Accepting items from Council, requests from P&Z commissioners and items from City administration for inclusion on the agenda for P&Z meetings. · Position to report directly to the Assistant City Manager and City Manager · Work with staff, Assistant City Manager & City Manager to set the agenda. · Writing the agenda, compiling the supporting documents, making the packet and timely distribution of the packets · Attend each P &Z meeting, taking notes and compiling the minutes, submitting those minutes to the Commission at the next meeting for approval · Engaging in research as requested by P&Z, by administration or the Council and distributing as indicated · Providing whatever other services to P&Z as directed by administration · It was planned there be regular interaction between the liaison and City staff as appropriate . The liaison was planned to attend regular weekly City staff meetings · The liaison was panned to develop an understanding of all applicable regulations, including city, state and federal ~ Corbridge stated the position was to enhance communication between the Commission and the City administration. City of Seward, Alaska January 3, 2006 Planning Commission Minutes Volume 6, Page 3 ~ Either the Assistant City Manager or the City Manager plan to attend every meeting ofthe commission. ~ Administration planned to solicit the Planning and Zoning Commission for code changes and modification. ~ Corbridge hoped the Chair of each of the Commissions would be involved in the selection of the liaison. ~ The need still remained to define the relationship between the Council, the administration and Planning and Zoning ~ Very strong recommendation that a report from Planning and Zoning be provided a every Council meeting ~ Council to make progress reports back to Planning and Zoning to indicate how things were progressmg ~ Hope was to have very specific recommendation from Council to P& Z and back to Council. ~ Corbridge planned for there to be feedback from Council to P&Z at every P&Z meeting ~ Recommend feedback from Council to P&Z at every meeting of P&Z, good communication. ~ Very clearly defined duties of the City administration to P&Z. Some important duties were, support functions that would relieve planning personnel time; facilitating the work of P&Z; the executive liaison would take care of all clerical work ~ Duty of the City administration to provide training to the Commission ~ City administration to participate in the training Corbridge requested the Commission provide feedback on the recommendations and communication proposal. He noted he preferred email or written form. In response to Strobel, Corbridge stated he hope the Commission would schedule the work sessions on the Tuesdays in-between the regular meetings, but that was up to the Commission. Smith noted that he supported the two meetings per month when it was needed. Griswold stated that when something was postponed or something urgent came up a special meeting was called. She agreed with Smith that one meeting with the ability to schedule special meeting and one work session. Corbridge agreed the Commission had been severely limited by staff time. He noted that the proposed changes would unload the current planning staff and provide 1/3 of a full time position to assist the P&Z Commission. Smith stated he felt the Commission needed training in the building stated Commission often was concerned with items that should be handled dun:;" - - - - . - --- - ~' process. He stated the applicant should be required 10 suhmil iJ completed Corhri,Jrre ill'reed ttu-li the Hme frame should nol he slarled unlillhe eomnlele naeka;>e ".;: -- - .... .... "- received hy sinrr. lie noled that he was continuing to work and discuss this issue with ',L"" -v,,- ,~ - ~ City of Seward, Alaska January 3, 2006 Planning Commission Minutes Volume 6, Page 4 Keil stated she disagreed. She felt staff should be more helpful to the public. Hohl requested a review of the Conditional Use Permit process; she felt guidelines were needed for the process. She voiced concern that the Commissioners did not receive a Council packet. Corbridge agreed and stated he would implement that with future packets. He encouraged each of the Commissioners to email or submit information to him directly. HoW requested information on the long-term facility regarding the timeline for changing the Land Use, subdividing, conditional use permit, rezoning. . Corbridge stated the steering committee was aware of these issues. He noted the time line was to depend on the concept that Council authorized at the January 9, 2006 meeting. KPB Planning Commission Report by Lynn Hohl HoW reviewed several of the items of interest. She noted the Coastal Zone Management plan was expected to be presented to the Borough Planning Commission, January 23 rd with March I, 2006 deadline for recommendations. Other Reports, Announcements and Presentations - None Citizens' Comments on Any Subject except Those Items Scheduled For Public Hearing Brian & Elaine Hutchison, inside the City. Noted they owned a lot in Forest Acres they wished to subdivide. Several drawings had been submitted to the Commission. Pine Street currently was not a developed right-of-way and would be costly to develop. It was noted the item was on the agenda for discussion later and the Hutchison's would be available for questions. Approval of Agenda and Consent Agenda Motion (Smith/Griswold) Approve the Agenda and Consent Agenda Griswold removed item 9B, the December 6, 2005 meeting minutes. Hohl added New Business Item C. Accessible parking requirements discussion and Item D. January Work Session topic discussion. Motion (Griswold/Roach') Call for unanimous consent Motion Passed City of Seward, Alaska January 3, 2006 Planning Commission Minutes Volume 6, Page 5 Public Hearings Resolution 2006-01 granting a Conditional Use Permit to Icicle Seafoods to allow a bunkhouse within the Industrial Zoning district on Lots 4 and 5, Block 3, Leirer Industrial Subdivision Brown reviewed the Conditional Use Permit (CUP) application by Icicle Seafoods to construct and operate a 224 person bunkhouse. He stated the unit was planned to be three story with the lower level a kitchen / dining hall / laundry. Brown stated the current City parking code did not specifY bunkhouse requirements. He noted staff had worked with the applicant and was recommending a ratio of 1 parking space per 10 occupants. Brown stated staff recommended approval of the CUP with the following conditions: 1. One off-street parking space per ten occupants at maximum capacity shall be provided for the life of the bunkhouse. The required parking must meet the requirements of Seward City Parking Code 15.10.215. 2. A fire access route with ingress/egress points along Leirer Road and Port Avenue shall be approved by staff. 3. A landscaping plan shall be approved by staff. 4. A storm water runoff plan shall be approved by staff. 5. Modifications to the site plan dated December 27,2005 which was approved by the Commission as a supporting document for this Conditional Use Permit, shall be approved by staff or the Commission prior to implementation. 6. There shall be an as-built survey depicting all existing and planned construction features, including utility easements and above-ground utility infrastructure. 7. There shall be no encroachments, above or below ground, on the public utility easements. 8. The interior lot line between Lots 4 and 5, Block 3, Leirer Industrial Subdivision shall be vacated. 9. Modification of final approval of a 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 City Council Resolution In response to HoW, Brown stated the parking requirements were based on the bunkhouse structure. Griswold requested clarification for the number of rooms. She believed there was a typo in the resolution stating 224 rooms should state 224 occupants. Brown stated it should read 224 occupants. City of Seward, Alaska January 3, 2006 Planning Commission Minutes Volume 6, Page 6 Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Melody Jordan, representative ofIcicle Seafoods. She stated the current parking plan was for 17 on site and 7 off site spaces. She noted that the majority of the plant employees do not use a vehicle. In response to Griswold, Jordan stated the interior layout of the bunkhouse had not been determined. No one else requested to be heard and the public hearing was closed Motion (Roach'/Strobel) Approve Resolution 2006-01 Roach' voiced concern the interdepartmental reviews had not been included in the Commission packet. Brown noted the interdepartmental reviews were working notes and explained those notes were used by staff to write the Resolution and agenda statements. Roach' questioned Fire Chief Squires; Squires noted the plan did not allow for cooking facilities in the rooms. In response to Hohl, Squires stated an additional fire hydrant was required and would be handled during the building permit review process. He noted the interdepartmental working notes were addressed in the resolution and staff reports. Motion (GriswoldlRoach') Amend Resolution 2006-01, Section 1, Item F, Condition 2, change to read: "A designated fire lane designed to road standards at least 20 feet wide, with at least two access ingress/egress points along Leirer Road and Port Avenue, shall be approved by staff. Brown voiced concern with the "built to road standard"; he noted that would require a road be built through the property in the parking lot, storage and operations area. He felt a drivable surface was the emphasis. Squires supported the concern voiced by Brown and stated that a drivable surface, 20 feet wide was needed. He suggested the Commission remove the word "along" in condition 2 and further stated the "fire access route" wording was adequate to meet the fire code. Griswold and Roach' withdrew the amendment. Motion (GriswoldlRoach') Amend Resolution 2006-01, Section 1, Item F. Condition 2, A fire access route that City of Seward, Alaska January 3, 2006 Planning Commission Minutes Volume 6, Page 7 meets the Fire Code adopted by the City with ingress/egress points on Leirer Road and Port Avenue shall be approved by staff. Motion Passed Unanimous Motion (Hohl/Griswold) Amend Resolution 2006-01, Section 1, Item F, Condition 1, add at the end; "to incorporate that required by code or conditional use permit for existing structure." Hohl stated the code required a parking plan for all structures on the property be reviewed and approved in the parking plan. Motion Passed Unanimous Motion (GriswoldIHohl) Amend Resolution 2006-01, Section 1, Item F, following Condition 2, "A fire hydrant will be installed along Leirer Road at a location to be approved by staff." Motion Passed Unanimous Motion (Griswold/Hohl) Amend Resolution 2006-01, Section 1, Item F, Condition 4, add the words "EPA approved" to the start of the sentence. Brown stated that staff was not qualified to approve EP A guidelines. Commission held a lengthy discussion on the ability to approve EP A guidelines. Motion Failed Yes - Roach', Griswold No - Banas, Strobel, Smith, Hohl, Keil Motion (Hohl/Strobel) Amend Resolution 2006-01, Section 1, Item F, following current Condition 8 add; "Use is subject to the definition of a bunkhouse, ~15.10.140, Bunkhouse. A building used as living quarters for people such as cannery workers or construction laborers where shower and sanitary facilities are shared by several rooms and in which there are no individual cooking facilities. City of Seward, Alaska January 3, 2006 Planning Commission Minutes Volume 6, Page 8 Motion Passed Unanimous Griswold voiced concern with the findings of the resolution. She felt it was unsafe to allow residential housing in the Industrial Zone. Motion (GriswoldlRoach') Amend Resolution 2006-01, Section 1, Finding A. Add before the last sentence in paragraph 1. "Residential housing in an industrial zone is not permitted outright due to environmental hazards and other nuisances. However, housing in an industrial zone in a bunkhouse is allowed with the Conditional Use Permit." Roach' move to suspend the rules to question the fire chief. Unanimous Consent In response to Roach', Squires stated if the large propane tank were to be installed today he would pose many questions. He noted that many safeguards and improvements had been implemented. Back on the rules Motion Passed Yes: Strobel, Smith, Roach', Hohl, Griswold No: Banas, Keil Motion (GriswoldIRoach') Amend Resolution 2006-01, Section 1, Finding B. Replace with: "This condition has been met. The proposed development site is located in an area of mixed commercial and industrial uses that will not be negatively impacted by a bunkhouse. The properties to the north are Icicle's older bunkhouse, a bulk propane tank, and a hardware storelboat storage facility. The properties to the east are a car rental business, the employee campground, and the bulk fuel tank farm. To the west are marine-related businesses and the Alaska Railroad and Depot. To the south is the Icicle Seafoods processing plant that employs these workers." Motion Passed Yes: Griswold, Banas, Strobel, Hohl, Roach' City of Seward, Alaska January 3, 2006 Planning Commission Minutes Volume 6, Page 9 No: Smith, Keil Vote on Resolution 2006-01, as amended Motion Passed Unanimous Resolution 2006-02 recommending City Council and Kenai Peninsula Borough approval of the City owned: Fourth of July Creek Subdivision, Seward Marine Industrial Center, Polar Seafood Replat; a replat of Lots 1 and 2 Block 9 and Tract A, Fourth of July Creek Subdivision, Seward Marine Industrial Center and recommending Council approval of the proposed lease amendment requested by Polar Seafood Brown reviewed the replat before the Commission. He stated that Polar Seafood, currently leased Lot 2 and had requested to increase the size of the lease parcel. Staff recommended approval of the replat subject to the following conditions: 1. Lessee shall be responsible for completing the replat, and the lease agreement shall not take effect until the fmal approved plat is recorded. 2. Lessee shall be required to remove the abandoned vehicles, broken processing equipment and other debris and junk from the leased site and shall keep all obstructions and processing equipment off the easements, both current and proposed. 3. Lessee shall maintain clear, unobstructed access of at least fifteen (15) feet around the existing fire hydrant, shall provide twenty (20) feet emergency service vehicle access on the dock to the edge of the water and shall provide an emergency service vehicle access route with ingress/egress points on Nash Road, Sorrel Road and the dock, as approved by staff. 4. Lessee shall not allow any camping on the leased property unless the lessee obtains all required permits for an employee campground. Hohl, stated she had received a phone call from a neighboring property owner and was declaring an ex parte conversation regarding a work session held approximately 3 to 4 years earlier regarding the area of the current plating action. She requested the separation of replats from lease recommendations, stating the platting action would come before the Borough Platting Commission and she would be required to recuse herself then if she heard this action. She removed herself from the dais. Smith and Griswold also noted they had received ex parte contact from the neighboring property owner. It was ruled by the Chair the contact had not influenced the decision abilities of the Commissioners. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Bill Fejes, spoke to the Commission as the representative for Polar Seafood. He stated the plant was in the process of expansion and had requested to lease additional City land. The planned City of Seward, Alaska January 3, 2006 Planning Commission Minutes Volume 6, Page 10 expansion was to include a freezer and a loading dock to the north of the existing structure. He noted more land was required to meet the setback and land use issues. No one else requested to be heard and the public hearing was closed. Motion (Roach'/Strobel) Approve Resolution 2006-02 Griswold expressed concern for the congestion and safety issues at the corner of Morris A venue and Sorrel Road. Commission discussed and agreed the corner was a hazard and requested the issue be reviewed in the future. Motion Passed Unanimous Unfmished Business - None New Business Review of minimum lot width requirements for subdividing Brown reviewed the question staffhad regarding the 100 foot minimum lot width. He noted a property owner had discussed the option of subdividing their lot in the Rural Residential Zoning District where a 100 foot minimum lot width was required. Brown stated the property was located between the developed Oak Street and the currently undeveloped Pine Street. The property owners wanted to replat the parcel into two lots. Staff questioned the 100 foot minimum lot width fronting on an undeveloped road. He noted the property owner had just submitted a lay down item that proposed a "flag lot" and was in the audience for questions. In response to Keil, Brown stated that it was not the policy of Public Works or the Electric Departments to allow private utilities to run across neighboring properties. He noted that access for emergency services must be provided. He noted that Pine Street was a dedicated right-of-way but was currently undeveloped and un-maintained. Griswold stated she felt Pine Street was a dedicated right-of-way and should be developed as such. She did not support allowing a subdivision that did not support the development ofthe Pine Street right-of-way. Roach concurred with Griswold. Hohl stated a "flag lot was legal as long as it met Borough standards". Brown affirmed that research on the proposed "flag lot" had not been done. Commission agreed the proposed developer work with staff on the concept of a "flag lot" development. City of Seward, Alaska January 3, 2006 Planning Commission Minutes Volume 6, Page 11 December 6, 2005 Regular Meeting Minutes Griswold noted what she felt were housekeeping corrections under the City Manager report, correct the word "too" to "to be". IdentifY Tylan Schrock as the "Director of the Sealife Center", Correct Rick Blythe as the "Visitor Services" Director of the Sealife Center. IdentifY Darryl Schaefermeyer, "General Manager" of the Sealife Center. Motion (Hohl/Griswold) Approve December 6, 2005 regular meeting minutes, as amended Motion (HohllRoach') Amend December 6, 2005 regular meeting minutes, Shrock public testimony, following Corbridge comment. "In response to Hohl, Schrock indicated it might be possible for the Sealife Center to obtain an as-built ofthe site incorporating the foot print of the structures." Motion Passed Unanimous Hohl noted what she felt were housekeeping corrections. Last sentence under Jeff Mow comments; add following committee "appointed by the Mayor". Under Meeting Schedule 2006, HoW comment, typo "noting" to "nothing". Add following meeting, "by staff'. Motion Passed Unanimous Accessible parking requirements discussion Motion (Hohl/Griswold) Add Accessible parking requirements discussion to the next meeting agenda, under New Business Hohl stated she wanted the draft recommendation she had submitted to staff be brought before the Commission as an agenda item in February. Motion Passed Unanimous January Work Session topic discussion HoW requested the selection of the topic of the next month's work session be added to the meeting agenda each month. She also requested the Approved Priorities List be included in the packet each month. Following a discussion by the Commission "Review of the Kenai Peninsula Coastal Zone Management Plan" was selected as the January 17,2006 work session topic. Second topic selected City of Seward, Alaska January 3, 2006 Planning Commission Minutes Volume 6, Page 12 was the review of the City Manager Boards and Commission Recommendations. Third topic selected was the review of the Building Department Check List. Informational Items and Reports- (No action required) Approved, as amended 2006 Planning and Zoning Meeting Schedule Commission Comments Banas, thanked the Commission for their help and patience as she learned the process. Hohl , welcomed Commissioner Banas to the Commission. Smith, wished everyone a safe New Year. Griswold, announced the topic for the January 4, 2006 Historic Preservation work session was the Historic Plants and Trees program. Noted the Cemetery land item currently being discussed by the Borough. Roach, welcomed Commissioner Banas. She noted the opening of the new Middle School and voiced concerns with the traffic pattern. Strobel, reminded the Commission of the Mary Lowell Center design meeting, January 4, 2006. She also encouraged the Commission to keep an open mind and bring concerns forward right away on the new Long-Term Care Facility. Keil, welcomed Banas to the Commission. Noted the important issue for the Building Permit process was customer service, user friendly, and simple. Citizens' Comments Melody Jordan, thanked the Commission for working through and approving the CUP for the Icicle Seafoods bunkhouse. Commissions and Administration Response to Citizens' Comments Adjournment /) ~ ""'..... ~~-1 "'.'th '''':':''~,,;,>.'')o'.~'~~ :anna Keil " ,,<o~po/""'~" ~atr .t-:-,) ;r(:. -. \,. :"::~";' -<- v.... ^-~ , , ' . . . ;:~ 0: C!1~'t l"!o l' : () ::~ ~~ 'i u~;.,,:,< ~,_-U ;' - :; . .' (II .. 'oJ' "", . ,,;' , ~ '"'t"'P,,.,, ",~"n.'_.., :~<iI ':"" ''; 4 <. ~;, ~ .' City of Seward, Alaska February 7,2006 Planning Commission Minutes Volume 6, Page 13 Call to order The February 7, 2006 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Marianna Keil, Chair. Opening Ceremony Commissioner Hohlled the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil presiding, and Carol Griswold Lynn Hohl Sandie Roach' Tom Smith Kay Strobel Sue Banas comprising a quorum of the Commission; and Clark Corbridge, City Manager Malcolm Brown, Planner Donna Glenz, Planning Assistant City Administration Report Planner, Malcolm Brown updated the Commission on the following business items: ~ A new lease contract for Polar Seafood was currently being rewritten by the City attorney. ~ The City was currently waiting for the appraisal on the portion of Lot H, Fourth of July Subdivision the Roberts were proposing to purchase. ~ The Alaska Chapter of the American Planning Association was sponsoring training in Anchorage open to staff and Commissioners. ~ Brown noted that due to hazardous road conditions the guest speaker, Robert Ruffner, Kenai Water Shed Forum had cancelled. ~ Brown stated the platting, rezone and Conditional Use Permit activities for the Long Term Care facility would be coming before the Commission in the near future. ~ Staff was continuing to work on the hard copy and the electronic copy of the Seward Comprehensive plan. KPB Planning Commission Report by Lynn Hohl Hohl submitted a written Kenai Peninsula Borough report as a lay down for the Commission and the public. Hohl noted that a road standards, platting and design workshop was currently being planned for the peninsula in April. City of Seward, Alaska February 7, 2006 Planning Commission Minutes Volume 6, Page 14 Other Reports, Announcements and Presentations Liaison from Seward Bear Creek Flood Service Area Board Randy Stauffer reviewed the two major issues before the board in the last several months. He noted the first issue had been a project where the board had offered surplus gravel from the local rivers and streams to the hurricane Katrina area. He stated that many agencies had been contacted and a positive response and thank you for the offer had been received; however no plan for money to make it happen had been received. The second issue was the update of the local flood maps. He stated the Seward Bear Creek Flood Service Area Board, the Kenai Watershed Forum, the City of Seward and the Kenai Peninsula Borough had been working together to upgrade the flood mapping on the eastern side of the Peninsula. Robert Rufner, Kenai Watershed Forum - water quality issues Cancelled due to hazardous weather and road conditions Citizens' Comments on Any Subject except Those Items Scheduled For Public Hearing- None Approval of Agenda and Consent Agenda Motion (StnJl1WffoJJn Approve the Agenda and Consent Agenda Griswold remQv~d item 9D, the January 3,2006 meeting minutes. Motion (~QWQnllWQ'd) Amend the Agenda by inserting New Business Item B. "Accessible parking requirements code revisions" and renumbering accordingly Motion (Griswold) Call for unanimous consent Motion Passed Unanimous Consent Public Hearings Resolution 2006-03, recommending Kenai Peninsula Borough approval of the Forest Acres Afognak Addition No.1, a subdivision of Lots BC, BD, BE, BF, CF, CG, CP & CQ Forest Acres Subdivision, containing twenty three (23) lots and approximately 15.26 acres Brown orientated the Commission and the public to the area on the wall map. He stated staff recommended approval of the replat subject to the following conditions: City of Seward, Alaska February 7, 2006 Planning Commission Minutes Volume 6, Page 15 Conditions: 1. Subdivider must enter into a subdivision development agreement with the City of Seward prior to recording of the plat, as per Seward City Code 16.05.015. 2. Adequate space for cul-de-sacs for road maintenance, emergency service vehicles and public use shall be dedicated at the terminus of the developed portion of all public rights- of-ways, by document prior to recording of the plat. Plat note: I. The 100' Levee Easement granted by this plat includes all portions of existing Levee Easements (Book 45, Page 420 & Book 103, Page 227) that lie within this subdivision. In response to Griswold, Brown stated the Japanese Creek Levee was located on private property and the City had a 100' levee easement protecting the levee. He noted the City had not purchased the property in the mid 1990' s when the levee was built but had been granted an easement by the property owner. In response to HoW, Brown orientated the Commission to the proposed cul-de-sacs' on the wall map. He noted the areas to be the north end of the developed right of way of Maple Street, Pine Street, Oak Street and Afognak Avenue. Brown stated in response to Griswold that 50 foot right of ways were adequate for the rural residential zoning area. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Steve Schaffer, inside the City, spoke as the developer. He stated Afognak Avenue was designed as a 60 foot right of way because it was anticipated in the future to be the main thoroughfare out ofthe area. He stated the owners (Afognak Construction) of the land the Japanese Creek Levee was built on had offered to sell the land to the City numerous times. No one else requested to be heard and the public hearing was closed Motion (Smith/Roach') Approve Resolution 2006-03 Stobel noted a "housekeeping typo" in the Resolution; she stated Lot BE had been left out of the body of the document. Motion (Doh/Smith) Amend Resolution 2006-03, Insert following "Forest Acres Subdivision" in the title, and a portion of the unsubdivided remainder of Afo2Dak Acres Subdivision #1. City of Seward, Alaska February 7, 2006 Planning Commission Minutes Volume 6, Page 16 Hohl noted the replat included the unsubdivided remainder which had not been included in the title. Motion Passed Unanimous Motion (Hohl/Banas) Amend Resolution 2006-03, first Whereas and Section 1; remove "located within the NE y.. Section 33 and the NW y.. Section 34". HoW stated the description was in the first Whereas and in Section 1. She noted the verbiage complicated the Whereas and did not match the title. Motion (Griswold) Call for unanimous consent Roach' objected to unanimous consent and asked if the procedure was consistent to previous resolutions. Hohl explained that stating the y.. sections of Section 33 and 34 was redundant and unnecessary within the resolution and if the description was within the resolution it should also be stated in the title. Roach' agreed to unanimous consent. Motion Passed Unanimous Consent Motion (Hohl/Griswold) Amend Resolution 2006-03, delete the third Whereas and replace with "this platting action divides eight (8) lots into sixteen (16) lots and creates an additional seven (7) lots from a portion of the unsubdivided remainder of an adjoining subdivision". Chair asked for unanimous consent Motion (Griswold) Called for unanimous consent Motion Passed Unanimous Consent Griswold noted two "housekeeping error" on the plat notes. She stated Note number 2 ended in an incomplete thought and the word "it's" in Note number 3 did not have an apostrophe. The Commission agreed and requested those corrections to be made. City of Seward, Alaska February 7, 2006 Planning Commission Minutes Volume 6, Page 17 Motion (Hohl/Griswold) Amend Resolution 2006-03, Whereas # 8, insert "including adequate signage and street lighting" following required. The Commission discussed the motion. Hohl noted staff had previously waived the requirement for street signs on a subdivision. Hohl moved to suspend the rules to allow the developer to speak. Unanimous Consent Steve Schaffer, stated that he agreed and intended to have street lights. Back on the rules Smith stated the position was to require the developer to follow the code and not specifically point out individual items. Roach' concurred, she did not agree with pointing out certain parts while not mentioning others. Motion Failed Yes: Banas, Strobel, Hohl No: Griswold, Smith, Roach', Keil HoW voiced concerns with requiring dedicated cul-de-sacs for road maintenance, emergency service vehicles and public use at the terminus ofthe developed portion of all public rights-of-ways. She discussed the option of the future extension of Afognak Avenue to the North. Brown explained that the temporary cul-de-sacs easements were to be recorded as separate documents so that if in the future the public right-of-ways of Afognak Avenue, Pine, Oak and Cottonwood Streets were developed and the need for the cul-de-sacs were alleviated the easement could be vacated by document. HoW stated the Borough did not allow temporary cul-de-sacs unless there was a likelihood that the right-of-way was to be extended. Motion (Hohl/Griswold) Amend Resolution 2006-03, Add Condition Number 3. "If applicable, in accordance with KPB 20.12.060 surveyor to show the approximate locations of areas subject to inundation, flooding or storm water overflow and cite the appropriate study which identifies a flood plain." Brown stated that the area was not a FEMA mapped area however the area was known to be prone to historic flooding. He voiced concern as to which studies Hohl was referring. City of Seward, Alaska February 7, 2006 Planning Commission Minutes Volume 6, Page 18 Motion Passed Unanimous Vote on Resolution 2006-03, as amended Motion Passed Unanimous Unfinished Business - None New Business Resolution 2006-04, Recommendations for the Kenai Peninsula Coastal Zone Management Plan Motion (Griswold/Banas) Approve Resolution 2006-04 Griswold voiced strong concerns regarding the inclusion of the Eastern side of the Kenai Peninsula and the far Western side of the Borough, which includes areas around Tyonek. The Commission discussed the very poor representation ofthe far Western portion and the Eastern side Borough in the Coastal Zone Management Plan. Motion (Griswold/Banas) Amend Resolution 2006-04, New Section 1, to read: The Commission recommends that a level of detail and accuracy comparable to the Central and Southern Kenai Peninsula be provided for the far Western and Eastern Kenai Peninsula Borough. Motion Passed Unanimous Motion (Keil/Smith) Amend Resolution 2006-04, New Section 2, The Seward Planning and Zoning Commission is unable to recommend adoption of the Kenai Peninsula Borough Coastal Zone Management Plan as written, until such time that the plan accurately reflects the entire Kenai Peninsula Borough. Motion Passed Unanimous Vote on Resolution 2006-04, as amended Motion Passed Unanimous City of Seward, Alaska February 7,2006 Planning Commission Minutes Volume 6, Page 19 Accessible parking requirements code revisions Commissioner Hohl had added the item to the agenda. She stated the Seward City Code read that the "Planning and Zoning Commission may make an amendment to the zoning code by its own motion". Motion (Hohl/Roach') Initiate an amendment to the Handicapped Parking Section, 15.10.215 (0) of the City Code. Hohl stated amending the parking code was on the priority list of the Commission and she intended to move it forward. The Commission agreed that the handicapped parking section should move forward as an amendment to the parking code Brown stated amendments to the federal American Disabilities Act (ADA) parking plan were inevitable in the years to come and he suggested the handicapped parking section of the Seward Parking Code be amended to include compliance with the federal ADA parking requirements. He noted that if specifics were incorporated into the Seward code then each time the requirements of the federal ADA were changed a Seward Code change would also be required. Roach' and Banas supported Brown's suggestion. Corbridge stated the American Disabilities Act was a F ederallaw and not open for amending or changing. Smith concurred with Brown's suggestion to amend the code by adding compliance with the federal ADA parking requirements in its entirety. Motion Passed Unanimous Discussion and Review of the Seward City Code Parking Plan ~15.10.215 Brown stated the items included in the agenda statement were compiled from the September 2005 Planning Commission work session. He encouraged the Commission to schedule further work sessions to include the public for further review and amendment recommendations to the parking code. Smith supported the continued review of the parking code and working with the public. He noted one of the problem issues was the size of the parking spaces currently was too small. The Commission held a discussion on the parking code and the enforcement of the existing code. It was decided to continue the review of the parking code during future work sessions. City of Seward, Alaska February 7, 2006 Planning Commission Minutes Volume 6, Page 20 Selection of the February 21, 2006 Work Session Topic Following a discussion by the Commission the following topics were selected for the February 21, 2006 work session. Review ofthe Building Permit check list; presentation by Robert Rufner, Kenai Watershed Forum - water quality issues and review the P & Z priorities list for the March work session with Council. January 3, 2006 Regular Meeting Minutes Keil noted a "housekeeping" error on page 7, vote results regarding the EPA guidelines amendment. She noted Commissioner Griswold was listed twice and Keil was overlooked. HoW stated she had added items C. Accessible Parking Discussion and D. January Work Session Topic to the agenda; however she stated she was unable to find in the minutes where the topics were discussed by the Commission. Staff stated the items were added to the agenda on page 4 of the minutes and the discussion was under New Business on page II. Motion (GriswoldlHohl) Approve January 3, 2006 regular meeting minutes, as amended Motion (Griswold) Move for unanimous consent Motion Passed Unanimous Consent Informational Items and Reports- (No action required) Planning and Zoning Priorities List, Resolution 2005-17 Commission Comments Roach, thanked Randy Stauffer, Seward Bear Creek Flood Service Area, for a very informative report. She noted she was out of town for the March 2006 regular meeting. Grillwold, noted that the Land Use m~p that was approved by the Comprehensive Plan needed to be brought forward lmd worked on to enact as zoning. The Commission requested the work needed to bring the Land Use Map forward to become the zoning map be added to the list of P&Z priorities for discussion at the annual Council and P&Z work session. Hohl, stated she was unavailable for the March 2006 regular meeting. City of Seward, Alaska February 7, 2006 Administration Comments Planning Commission Minutes Volume 6, Page 21 Brown stated he was scheduled to be out of town on military duty March 6 through the 17, 2006 and therefore would not be available for the March regular meeting. Citizens' Comments - None Commissions and Administration Response to Citizens' Comments - None Adjournment Donna Glenz Planning Assis!~\m!, \.~."'C' . !!~. (City Seal}~~' 0';:' . "1'"" .~ ..(4,,~...~~.., '''-. ~.t ~"!>..' ..'o?Crl..c~'."'" '~ ...., (j .... CT" . '"'.""';." ~?~ :: ..,~~ "<)'\ '::, ~ :....." ~.... ,,'4 .. . '; ,'S S ~! SEI\L : 0 ~~~ ~~\~ _ i:: ~ .. " .,. ..'~. A. t- ,. "";., ", t/~..~'f'..' ~ ,I\t .' ~,," VNr. 1 ,()i.... J..' '''l '1"" ., ....'\, .... ~;;; I .' <?;',-:~ ',. +.~, ........:: ~""...,"" t:;.O :~'" -"4fo."'Z:" 0" F "'V:~' _"'" t .' ...... '''''ranu\t.\ ( /~ '. ~/ t '-7JJf). . r4arianna Keil \ Chair City of Seward, Alaska March 7, 2006 Planning Commission Minutes Volume 6, Page 22 Call to order The March 7, 2006 regular meeting of the Seward Planning & 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 Margaret Anderson Kevin Clark Sandie Roach' Tom Smith Kay Strobel comprising a quorum of the Commission; and Clark Corbridge, City Manager Donna Glenz, Planning Assistant Absent was: Lynn Hohl excused City Administration Report City Manager, Clark Corbridge - updated the Commission on the following business items: ~ Noted the date change of the upcoming zoning violation appeal hearing from March 14 to March 16,2006 at 6:30 pm. ~ Reminded the Commission of the March 21, 2006 work session with Council at 6:30 pm. ~ Noted a public open house for the Long Term Care Facility on March 22, 2006 at 6:00 pm followed by a CUP work session at 7:30 pm. ~ Introduced Marsha Vincent, the new Boards and Commission Liaison. ~ Administration stated the intent was to hire a full time temporary Assistant Planner by the end of March. ~ Noted Commissioner Hohl requested the proposed ADA parking code amendment be postponed. ~ Stated Tom Shepard, Building Official and Kris Erchinger, Finance Director was present to give a presentation to the Commission on the Long Term Care Facility. ~ He noted a floodplain expert, Mike Frison, with Enterprise Engineering, was present in the audience for any floodplain questions regarding the Long Term Care Facility. City of Seward, Alaska March 7, 2006 Planning Commission Minutes Volume 6, Page 23 KPB Planning Commission Report by Lynn Hohl No report was available. Other Reports, Announcements and Presentations Liaison from Seward Bear Creek Flood Service Area Board Randy Stauffer, noted Clark Cox of State Department of Natural Resources had attended the regular March meeting. Cox had addressed the flood board regarding the state fees charged for removal of gravel located in any navigable streams. Stauffer stated these fees were of great concern to the board. Cox explained to the board the state fees were in place by state statute and presently DNR saw no way to except the flood board from paying these fees. Stauffer confirmed the flood board was continuing to work on the issue. Stauffer noted the flood board had no official comments regarding the location of the Long Term Care Facility at the present time. Tom Shepard, Project Coordinator for the Long Term Care Facility. He gave an overview of the project. He stated the project had begun with Council making it the number one project in 2003 and ending with a move-in date of January 2008. He noted several public meetings had been held and several more were planned in the future. The project was designed around the "Green House" approach for the facility. Shepard presented a video regarding the concept oflong-term care. Citizens' Comments on Any Subject except Those Items Scheduled For Public Hearing - None Sue Kaanta, inside the City. Spoke to the Mariners Memorial project. She encouraged the Commission to support the memorial project. She noted the support for the memorial location was the harbor end of the newly formed breakwater. Tanya Sandefur, inside the City. Supported the Mariners Memorial project. She spoke strongly for the location request of the newly formed breakwater. Dianne Dubuc, inside the City. Voiced strong support for the newly formed breakwater area as the location for the Mariners Memorial location and requested the Commission support the project. Approval of Agenda and Consent Agenda Motion (Smith! Anderson) Approve the Agenda and Consent Agenda Consent Agenda included the February 7, 2006 regular meeting minutes as written. Keil called for Unanimous consent City of Seward, Alaska March 7, 2006 Planning Commission Minutes Volume 6, Page 24 Motion Passed Unanimous Consent Special Items Election of Chair and Vice-Chair Keil opened the floor to nominations for Chair. Motion (AndersonIRoach) Elect Marianna Keil Chair Request for other nominations, seeing none nominations were closed. Request for Unanimous Consent Motion Passed Unanimous Consent Keil opened the floor to nominations for Vice-Chair. Motion (Smith/Anderson) Elect Tom Smith Vice-Chair Request for other nominations, seeing none nominations were closed. Request for Unanimous Consent Motion Passed Unanimous Consent Public Hearings Resolution 2006-05 recommending City Council and Kenai Peninsula Borough approval ofthe Fort Raymond Subdivision, Replat Number 3, are-subdivision of Lots llA & 12A Fort Raymond Subdivision Number 1 Corbridge, oriented the Commission and the public to the location of the replat. He noted the property was currently two lots, owned by the City of Seward. He stated Council had selected the approximated 5 acres area to the south as the future site of the Long Term Care Facility. Corbridge recommended Commission approval of Resolution 2006-05. Keil requtlilttld staff address the floodplain issues regarding the parcel. Tom Shepard, introduced the floodplain expert, Mike Frison, Enterprise Engineering. Frison, reviewed the floodplain area. He noted the area was located in the 100-year floodplain. Construction was allowed in the flood fringe area however FEMA required mitigation when building in these areas. Frison inf()rmed the Commission ofthe numerous agencies currently Planning Commission Minutes Volume 6, Page 25 City of Seward, Alaska March 7, 2006 being worked with for permitting and mitigation requirements. He reviewed and answered several questions from the Commission. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Dale Hoogland, inside the City. Supported the Long Term Care Facility project. He spoke strongly against the site location. He stated historic flooding and the possible tsunami run-up zone was a concern. Hoogland pointed out the tremendous amount of cost involved with the fill required and possible piling needed. Did not support the replat or the rezone. Carol Griswold, inside the City. Voiced concerns with the location choice for the facility. She noted she had submitted a length review, which was included in the packet. She stated she had continued to suggest the location be moved to the north end of the same property owned by the City, where the zoning was currently Institutional and would allow the platted Park area to remain. Randy Stauffer, inside the City. Reminded the Commission the area was inundated with floodwaters in both the 1986 and 1995 recent flood events. Voiced concern with any Federal funding being allowed in a flood hazard area. Tom Shepard, City Project Coordinator. He noted the base flood elevations were 34 feet for the area, he stated the Seward Highway, to the east was built at 31 feet. Kris Erchinger, City Finance Director. Gave a brief review of the process that had taken place for the site selection for the Long Term Care Facility. She noted that a tremendous amount of time had gone into trying to locate the new Long Term Care Facility at the current facility location on First Avenue. She stated that co-location with the hospital had been an issue that had been struggled through by administration for quite some time. Council gave direction to select property owned by the City and elected not to look into any selection of private land. She also noted funding for the project was not from Federal or State funding. No one else requested to be heard and the public hearing was closed Motion (Anderson/Clark) Approve Resolution 2006-05 Anderson stated she supported the area to the north be developed as a park and not a campground. Clark voiced concern for the past flooding in the area however; he stated several mitigation efforts had been completed since those events. He reminded the Commission that Council had already selected the site and the Commission's job was to review the platting action. Roach spoke to possible liability issues regarding flooding and the very large issue of traffic congestion in the area since the opening of the new middle school. City of Seward, Alaska March 7, 2006 Planning Commission Minutes Volume 6, Page 26 The Commission discussed issues regarding the possible flooding ofthe area. It was noted the issues should be dealt with during the Conditional Use Permit process. Motion Passed Unanimous Resolution 2006-06 recommending City Council approval of amending the Land Use Plan and Zoning from Park (P) to Institutional (I) of the south portion of Lot llA, Fort Raymond Subdivision Replat Number 1 Corbridge reviewed and noted staff recommended approval of the resolution before the Commission. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Dale Hoogland, inside the City. Reiterated his concerns regarding the possibility of flooding of the area. He did not support the rezone. Carol Griswold, inside the City. Spoke against the rezone. She requested the Commission retain the park zoning and recommend the site selection be moved to the north in an area currently zoned Institutional. She recommended the Commission add an amendment to the resolution that required the parcel to revert back to Park zoning if the project was not completed within a certain time frame. Mike Frison, Enterprise Engineering. Reviewed the floodway and the flood fringe distinction. He noted he was currently working with Christy Miller, State Floodplain Manager regarding the flooding issues and concerns. Louie Bencardino, inside the City. Voiced strong concerns for the noise level that was present in the selected area. He noted the highway was tremendously noisy but the idling train only a very short distance way. Kris Erchinger, inside the City. Stated the noise issues of the railroad and the highway had already been considered and were being addressed by the architect. No one else requested to be heard and the public hearing was closed Motion (Strobel/Smith) Approve Resolution 2006-06 Motion (Smith/Strobel) Amend Resolution 2006-06, add section 3 to read, "The area to the north not dedicated to the Long Term Care Facility be reserved, designated and designed as Park." (area to be known as Lot llA-2) City of Seward, Alaska March 7, 2006 Planning Commission Minutes Volume 6, Page 27 Anderson supported developing the area as a park and not allowing it to be used as a campground. Motion Passed Yes: Anderson, Strobel, Smith, Roach', Keil No: Clark Motion (Smith/Strobel) Amend Resolution 2006-06, If the Long Term Care Facility is not constructed within four (4) years the parcel, Lot llA, addressed in the resolution shall revert back to Park Zoning. Clark stated once the Council changed the Zoning on a piece of property he did not feel the change could revert back to previous zoning without going through the entire public process. Anderson felt even if the facility was not built on the site that there was a higher and better use for the property than Park Zoning. Motion Failed Yes: Strobel, Smith, Roach' No: Anderson, Clark, Keil Motion (Smith/Strobel) Amend Resolution 2006-06, Ordinance, (page 22 of the packet), the 7th Whereas; change the word "can" to wilL Motion Passed Unanimous Vote on Resolution 2006-06, as amended Motion Passed Unanimous 10 Minute Break Resolution 2006-07 recommending City Council amend Seward City Code Parking Requirements, 15.10.215 to ensure compliance with the parking req"ir~meQf5 of the F4l"eral Americans Disabilities Act Corbridge stated the recommendation to change the Seward parking code was a type of housekeeping matter to bring the City Code into compliance with the Federal mandates of the Americans with Disabilities Act. Notice of public hearing being 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, Alaska March 7, 2006 Planning Commission Minutes Volume 6, Page 28 Motion (Roach'/Anderson) Approve Resolution 2006-07 Motion (Roach'/Smith) Postpone Resolution 2006-07 until the April 4, 2006. Roach' noted Commissioner HoW had requested the Commission postpone Resolution 2006- 07 until she was available to comment. Request for Unanimous Consent Motion Passed Unanimous Consent Resolution 2006-08 amending Conditional Use Permit, issued by P&Z Resolution 97-03 to allow the Seward Association for the Advancement of Marine Science (SAAM) (commonly known as Alaska SeaLife Center) to install and operate a dock for charter boat operation Corbridge stated the job before the Commission was to submit findings and determine what mitigation was necessary to ameliorate anticipated impacts for both the immediate area and the community at large. Once the mitigation findings were made to the current Conditional Use Permit, administration recommended approving the resolution. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Sharon Anderson, Alaska SeaLife Center Board member living in California. She stated she was to work with the PORTICO group to develop initial plans for a long-term plan for the Alaska SeaLife Center. Requested the approval and support of the Commission in the SeaLife Center projects. Ned Smith, Alaska SeaLife Center Board member living in California. Urged the Commission to support the proposed "on the water program" of the Alaska SeaLife Center. Tanya Sandefur, inside the City. Noted she had called the Alaska SeaLife Center and had spoken with an employee in the administration office (Nancy Anderson) and was told that SAAMS no longer existed. Sandefur requested the question of who was SAAMS be cleared up before any lease move forward. She voiced concern with the City supporting and allowing a "non-profit" to compete directly with local private enterprise. Requested the Commission postpone this resolution. Dianne Dubuc, inside the City. She owns and operates Alaskan Saltwater Charters. She voice strong concerns against Resolution 2006-08 and 09. She noted that as a non-profit, the Alaska SeaLife Center was not obligated to collect or pay City or Borough sale tax. She spoke against the Alaska SeaLife Center plan to partner with a for profit company to provide water tours. She questioned the $3.50 per person tax initiated January 2006. If the operation was allowed to move City of Seward, Alaska March 7, 2006 Planning Commission Minutes Volume 6, Page 29 forward she requested the for profit company operating under the umbrella of the Alaska SeaLife Center be held accountable for all the fees other companies were required to pay. She spoke strongly against the operation. Tylan Schrock, Executive Director, Alaska SeaLife Center. Stated all passengers were to be charged the passenger transit fee. He stated the proposal was a very simple lease amendment. He stated he wanted to make several points very clear. He stated "SAAMS and the Alaska SeaLife Center were the exact same thing. SAAMS was the corporate name and the Alaska SeaLife Center was the common name". "SAAMS is private, not for profit." He noted the project was an educational tour not a charter. He urged support for the approval of Resolution 2006-08. Dan McDonald, Director of Marine Operations for Kenai Fjords Tours (KFT). He voiced concern with the Alaska SeaLife Center proposal to compete directly with the private sector. KFT currently does provide educational tours. KFT had previously operated a tour from the location proposed by the Alaska SeaLife Center. He noted that often the weather conditions did not allow for safe operation of a dock in that location. He opposed the approval of Resolution 2006-06 Scott Torrison, Chief Operating Officer for ClRI Alaska Tours. Spoke strongly in opposition to the resolution. He spoke against the project noting it was in direct competition with private enterprise. He stated he felt the proposed operation was not in the public interest reiterating the life safety issues previously mentioned. Voiced strong opposition to the project. Gary Sommerfeld, Major Marine Tours. He supported the comments of the previous operators of the community in speaking against the Alaska SeaLife proposed project and the direct competition with private enterprise. Rick Blythe, Director of Visitor Services, Alaska SeaLife Center. He stated the Alaska SeaLife was in direct competition with all business in Seward. He stated the Center was asking for the exact same lease issues as the Kenai Fjords Tours was faced with in the 1998 lease agreement with the City. He stated this was a simple lease amendment. In response to Smith, Blythe stated Alaska Northern Outfitters owned the dock. Tylan Schrock, Executive Director, Alaska SeaLife Center. Stated no State, Federal or City dollars were going into the project. Dan McDonald, Director of Marine Operations for Kenai Fjords Tours (KFT). Noted that the clients that were to be funneled into the tour project through the Alaska SeaLife Center came from other means of funding. No one else requested to be heard and the public hearing was closed Motion (Smith/Clark) Approve Resolution 2006-08 Planning Commission Minutes Volume 6, Page 30 City of Seward, Alaska March 7, 2006 Smith voiced concern with the lack of the lease. He voiced concern with the confusion over the $3.50 passenger tax. Anderson stated she felt the project had come before the Commission as a done deal. SAAMS has already signed a ten-year agreement with Alaska Northern Outfitters. Keil noted the issue before the Commission was to amend the current Alaska SeaLife Center Conditional Use Permit to allow the use of the proposed dock operation. She stated the issue was simple and it had been made complicated by all the documentation that had been provided. Keil spoke in strong support of the project. She requested the March 7, 2006 letter submitted as a lay down from the Alaska SeaLife Center be entered into the record as the review criteria for approval of the CUP amendment. Motion (Roach'/Smith) Amend Resolution 2006-08, Third Whereas, strike downtown ar-e, and replace with community at large. Keil spoke against the amendment, noting the Alaska SeaLife Center did contribute to the economic and social vitality of the downtown area and the community at large. Motion and Second withdrawn Motion (Roach'/Smith) Amend Resolution 2006-08, Tbird Whereas, add and the community oJ huge. Motion Passed Unanimous Motion (Roach'/Strobel) Amend Resolution 2006-08, Secti01ll. ~ 4. strike minimizes conflicts and replau with does not conflict Smith voiced concern with the change. Motion Failed Yes: Roach', Strobel No: Anderson, Clark, Smith, Keil Vote on Resolution 2006-08, as amended Motion Passed Yes: Clark, Strobel, Smith, Keil No: Anderson, Roach' City of Seward, Alaska March 7, 2006 Planning Commission Minutes Volume 6, Page 31 Resolution 2006-09 providing a recommendation to City Council regarding a proposal by the Seward Association for the Advancement of Marine Science (SAAM) to lease a portion ofthe Alaska Tidelands Survey 174, located South of City owned Tract 2A, Water Front Tract, currently leased by SAAM Corbridge noted the packet included a lease agreement that had been drafted by Alaska SeaLife Center. He apologized the lease agreement that had been drafted by the City attorney was not yet available. He stated if the Commission recommended approval of the lease of the tidelands to move forward to the Council then the City administration lease would move forward for consideration by the Council. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened Tanya Sandefur, inside the City. Urged the Commission to follow the City Lease Policy and Procedures, noting the requested tidelands had not gone through the disposal process. Tylan Schrock, Executive Director, Alaska SeaLife Center. He stated this was an amendment to an existing lease and Section C ofthe Lease Policy and Procedures state that only the City Council approved lease amendments. Dan McDonald, Director of Marine Operations for Kenai Fjords Tours (KFT). He stated the Alaska SeaLife Center lease must be held to the same requirements as the previous lease ofKFT for the same project. Scott Torrison, Chief Operating Officer for CIRI Alaska Tours. Dittoed McDonalds comments. Tanya Sandefur, inside the City. Cautioned the Commission that an amendment to the lease requirements was not the same as acquiring another piece of property and amending the lease. The tidelands parcel requested had never been nominated for disposal. No one else requested to be heard and the public hearing was closed Keil stated she felt that by bringing it forward to Planning and Zoning was the nomination. She stated the past lease to KFT did not come before the Commission. She noted the Commissions job was to recommend to Council. Motion (Clark/Smith) Approve Resolution 2006-09 Clark suggested due to time constraints the item be postponed until the next meeting. Smith concurred with Clark. He stated all the facts were not available and he did not like sending a recommendation forward on a lease that was unavailable for review. City of Seward, Alaska March 7, 2006 Planning Commission Minutes Volume 6, Page 32 Motion (Clark/Strobel) Postpone Resolution 2006-09 until the next regular meeting, April 4, 2006 Motion Passed Unanimous Motion (StobellRoach') Due to the "Sunset Hour" all items remaining on the March 7, 2006 agenda move forward to the April 4, 2006 agenda Motion Passed Unanimous Consent Note: Following Items moved forward to April Agenda Unfinished Business - None New Business Resolution 2006-10 supporting the concept of the Mariners Memorial for the Small Boat Harbor Selection of the March 21, 2006 Work Session Topic [set 2/27/06 by Council as the annual work session with Council] Informational Items and Reports- (No action required) Planning and Zoning Priorities List, Resolution 2005-17 Commission Comments Administration Comments Note: Completion of the March 7,2006 agenda Citizens' Comments Tanya Sandefur, inside the City. Reviewed her understanding of the Lease Policy and Procedures by stating: under nominating public lands for lease Planning and Zoning reviews a piece of property for disposal, then the recommendation goes to Council. Then ifthe Council finds it is in the public interest to nominate the parcel, then direct the City Manager to work through the lease. Tylan Schrock, Executive Director, Alaska SeaLife Center. Stated the timeliness of waiting another month was a frustration. He stated the proposal had been present to the City October 6th. He voiced frustration with the time the process had taken. City of Seward, Alaska March 7, 2006 Planning Commission Minutes Volume 6, Page 33 Commissions and Administration Response to Citizens' Comments Roach', apologized for the time delay noting the project was before the City in October and not brought forward until March. Clark, stated the Lease Policy and Procedures were never adopted into the City code, they were merely a recommendation adopted by resolution over ten (10) year ago. Keil, stated the tidelands had been leased in the past so a precedence had be set. Adjournment Donna Glenz Planning Assistant (City Seal) ,;~~ :~r.!l"?tit~ ,',. ~-!l'" ~." ~ ~;" ~~:.: ;:~:~-'i;>"::~~~ " .'I",\'~(Cfi.....:..q,,:.<t '(J "ll., ~/ "",~jl;,J I '~t! i~~ ""J .."'c,:....J 'O.....~ '1;", .",~ .~;f. .,-, . . - ~: : ST":' :\L : (l) ... ~j 0 : ~C:,,('1; :~: ~." . .. v..., ~-;'.. .-;r- .::: t,,"!t~ .... ~ ,,~......~ :: '-;-, '.'>'~~..lf^!tr 1 '\~...'~.~ ,,": ~<-~ < l' '.. - I.... r, .# ~'~~,~...>,,~:;:..'" .:'~:~. i '4 ~~J~ <~ ',;- '~~,;i~ r'" ",'" .,.~-.;..;'iu.:i::.:~~~:":.\ I;> City of Seward, Alaska April 4, 2006 Planning Commission Minutes Volume 6, Page 34 Call to order The April 4, 2006 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Tom Smith, Vice-Chair. Opening Ceremony Commissioner Hohlled the Pledge of Allegiance to the flag. Roll Call There were present: Tom Smith presiding, and Margaret Anderson Kevin Clark Sandie Roach' Kay Strobel Lynn Hohl comprising a quorum of the Commission; and Clark Corbridge, City Manager Malcolm Brown, Planner Donna Glenz, Planning Assistant Absent was: Marianna Keil - excused City Administration Report City Planner, Malcolm Brown - updated the Commission on the following business items: ~ GIS consultant was continuing to review and update the Seward addressing system ~ Historic Preservation meeting for April was scheduled for Wednesday, AprilS, 2006. The Hoben Park National Register of Historic Places was submitted to the State Historical Commission and will be forwarded to the Keeper of Records for final review. ~ Position of Temporary Assistant Planner had been posted. ~ EP A grant had been submitted for work on surveying the local wetlands. KPB Planning Commission Report by Lynn Hohl HoW submitted a written Kenai Peninsula Borough report as a lay down for the Commission and the public. Other Reports, Announcements and Presentations Liaison from Seward Bear Creek Flood Service Area Board City of Seward, Alaska April 4, 2006 Planning Commission Minutes Volume 6, Page 35 Randy Stauffer, Bear Creek Flood Service Area Board representative gave highlights of the April 3, 2006 Flood Service meeting. ~ Presentation by Scott Walden, Emergency Management Coordinator ~ Presentation by Mike Gracz, Kenai Watershed Forum Citizens' Comments on Any Subject except Those Items Scheduled For Public Hearing - None Approval of Agenda and Consent Agenda Motion (StrobellHohl) Approve the Agenda and Consent Agenda Consent Agenda included the March 7, 2006 regular meeting minutes. HoW added Discussion of the City Managers Recommendations for Boards and Commissions as New Business item 9.E. Smith called for Unanimous consent Motion Passed Unanimous Consent Unfinished Business requiring a Public Hearing Resolution 2006-09 providing a recommendation to City Council regarding a proposal by the Seward Association for the Advancement of Marine Science (SAAMS) to lease a portion of the Alaska Tidelands Survey 174, located south of City owned Tract 2A, Water Front Tract, currently leased by SAAMS. [as postponed from the March 7, 2006 Planning and Zoning Meeting] Brown stated the Resolution had been postponed at the March 7, 2006 meeting and was before the Commission verbatim as postponed. He noted that further information was provided in the packet, including the requested copy of the proposed Lease Amendment #5 as presented by the City. Corbridge noted the administration recommended the Commission forward the resolution to City Council with the recommendation that Council approve the lease with the recommendations the Commission deems appropriate. He suggested the Commission recommend approval of the lease with general conditions. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. City of Seward, Alaska April 4, 2006 Planning Commission Minutes Volume 6, Page 36 Dan McDonald, Director of Marine Operations for Kenai Fjords Tours (KFT). Stated he had spoken in opposition to the lease to Seward Association for the Advancement of Marine Science (SAAMS) at the March meeting. He reviewed the items of opposition and stated KFT would support the cities recommendation to approve the resolution using the City's Draft Lease Amendment No.5 between the City of Seward and SAAMS. John Moline, inside the City. Stated as a member of the commercial boating community in Seward he was opposed to a private dock on City property. He voiced concerns with a non-profit research facility allowing a for-profit business to own assets on its leased property. He continued to voice concerns with the possible contradictions between the current lease and the proposed lease amendment. Gary Sommerfeld, Major Marine Tours. Opposed the operation of the daily tour boat by the taxpayer supported Alaska SeaLife Center which was in direct competition with private enterprise. He stated the City's Lease Amendment No.5 better represented the interests of the City of Seward. Rick Blythe, Director of Visitor Services, Alaska SeaLife Center. He stated this was a simple lease amendment and if the Commission had questions please ask. He noted the operation had a very tiny, almost worthless advertising budget in comparison to other for-profit businesses. Carl Stevens, Finance Director, Alaska SeaLife Center. He stated no taxpayer dollars were spent for this project. He noted that all dollars came from the Operating Surplus Budget. He stated private dollars were being used to build and operate the private dock and the $3.50 head tax was to go to the private operator to repair those costs. He stated it was the wish of the Alaska SeaLife Center to sit down with the City and negotiate the Lease. He requested the Commission approve Resolution 2006-09 as written. Jeremiah Campbell, Partner/Owner of the Alaska Northern Outfitters. He voiced frustration that he had not been able to meet with the City Manager to negotiate a lease contract. He encouraged the Commission to approve Resolution 2006-09 as written without additional language. In response to HoW, Campbell stated that all ticket sales were to be from inside the Alaska SeaLife Center. He also stated that both the Alaska SeaLife Center and Alaska Northern Outfitters would be doing the advertising. He hoped to have many other vendors selling the tours. Trevor McCabe, Partner/Owner of the Alaska Northern Outfitters. Submitted a spreadsheet with the differences between the KFT lease of 1998 and the current proposed SAMMS lease. No one else requested to be heard and the public hearing was closed Staff noted the Motion to approve Resolution 2006-09 was on the floor as postponed from the March 7, 2006 meeting. City of Seward, Alaska April 4, 2006 Planning Commission Minutes Volume 6, Page 37 Motion (Clark/Smith) Approve Resolution 2006-09 Anderson stated that the current lease with the Alaska SeaLife Center was eleven years old and needed to be reviewed completely. Motion (AndersonlRoach') Amend Resolution 2006-09, Third Whereas, Delete the word Private Motion Passed Yes: Roach', Hohl, Anderson, Strobel Smith, No: Clark Motion (AndersonIRoach') Amend Resolution 2006-09, Fifth Whereas; Delete completely. Motion Passed Yes: Strobel, Roach', Hohl, Anderson, Smith, No: Clark Motion (Anderson/Clark) Amend Resolution 2006-09, Add Whereas to read: "SAAMS and the City of Seward have addressed different points of view as to their partnership arrangement regarding leasing fee structure, private versus public use and other issues". Motion Passed Unanimous Motion (Anderson/Strobel) Amend Resolution 2006-09, Add Whereas to read: "Legal issues have been raised regarding property acquisitions by SAAMS and how it relates to the City" Motion Passed Unanimous Motion (AndersonIRoach') Amend Resolution 2006-09, Add Whereas to read: "Draft of Lease Amendments No. 5 (was) prepared (by the City) and provided to the public on March 30, 2006 and a draft of Lease Amendments No. 5 (was) prepared and provided to the Planning and Zoning Commissioners April 4,2006 by SAAMS Administration". City of Seward, Alaska April 4, 2006 Planning Commission Minutes Volume 6, Page 38 Motion Passed Unanimous Motion (AndersonIRoach ') Amend Resolution 2006-09, Add new Section 2; Item 1; The Planning and Zoning Commission recommends &4AMS and the City of Seward negotiate and agree to an amendment or lease agreement addressing all differences and issues in the Lease and Operating Agreements for the Alaska SeaLife Center by the 2.f' of April 2006 City Council Meeting. (This motion was italicized because no action was taken as stated; the motion was restated following discussion) Commission discussed the timeline and requested the complete Lease and Operating Agreement be reviewed and all issues addressed. Darryl Schaefermeyer, General Manager Alaska Sealife Center; Requested the Commission suspend the rules to allow him to address the Commission. Commission agreed to suspend the rules Schaefermeyer stated that while the Alaska SeaLife Center agrees there were issues that needed to be resolved in the Lease and Operating Agreement between the Alaska SeaLife Center and the City of Seward, there was also another overriding document which was the agreement between the Alaska Department ofFish and Game and the City of Seward. He felt it was an impossible task to work on the Lease and Operating Agreement and the Alaska Department of Fish and Game agreement with any kind of time constraints and within the requested lease amendment before the Commission. Commission back on the rules Note: Motion to amend was re-stated as: Amend Resolution 2006-09, Add new Section 2; Item 1; The Planning and Zoning Commission recommends SAAMS and the City of Seward negotiate and agree to an amendment or lease agreement addressing all differences and issues by the April 24th City Council meeting. Motion Passed Unanimous City of Seward, Alaska April 4, 2006 Planning Commission Minutes Volume 6, Page 39 Motion (Roach'/Anderson) Amend Resolution 2006-09, new Fifth Whereas, delete "would like to" and add "s" to the word encourage. Motion Passed Unanimous Consent Motion (HohllRoach') Amend Resolution 2006-09, Title, add "DBA ALASKA SEALIFE CENTER", following (SAAMS); and "SHOWN AS LEASE EXIBIT B DATED October 20, 1998" Motion Passed Unanimous Anderson Called for the Question Hohl stated that no recommendations had been made and encouraged the Commission to vote no at this time. Anderson withdrew her request for the Question Motion (HohllRoach') Amend Resolution 2006-09, Section 1, Add a new Item 2; "Alaska State Statute 38.05.126 &127 shall be considered in the negotiations of the lease agreement." Motion Passed Unanimous Motion (HohllRoach') Amend Resolution 2006-09, Section 1, Add a new Item 3; "All ticket sales be limited to the Alaska SeaLife Center Lobby." Motion Failed Yes: Hohl, Anderson, Strobel No: Clark, Roach', Smith Motion (HohllRoach') Amend Resolution 2006-09, Section 1, Add a new Item 3; "The City and the applicant are encouraged to negotiate the use of the dock by other operators taking into consideration liability issues." Motion Passed Yes: Roach', Hohl, Anderson, Stobel, Smith No: Clark City of Seward, Alaska April 4, 2006 Planning Commission Minutes Volume 6, Page 40 Vote on the Main Motion Resolution 2006-09, as amended Motion Passed Unanimous Note: Resolution 2006-09 was reconsidered before the close of the meeting Commission requested a 10 minute recess, returned at 9:25 pm New Business Items requiring a Public Hearing Resolution 2006-11, granting a variance from SCC ' 15.10.220 Development Requirements to allow the existing ice house and grinder/pit and the proposed freezer unit, within the North and South side setbacks of Lot 2, Block 9, Fourth of July Creek Subdivision, Seward Marine Industrial Center, within the Industrial (I) Zoning District Brown oriented the Commission to the location of the requested variance. He noted the current lease parcel was located on an unusual mamnade dock area. He stated there were no neighboring properties to the north, south or west. Brown stated staff recommended approval of the variance request. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Bill Fejes, Polar Seafood Plant Manager, stated he was available for any questions. No one else requested to be heard and the public hearing was closed Motion (Anderson/Strobel) Approve Resolution 2006-11 Roach' and Clark stated they fully supported the variance. Motion Passed Unanimous Unfinished Business Review and Approval of written facts and fmdings of the March 16, 2006 Zoning Violation, Waliezer Appeal Hearing Motion (Anderson / Strobel) Approve written facts and fmdings of the March 16,2006 Zoning Violation, Waliezer Appeal Hearing City of Seward, Alaska April 4, 2006 Planning Commission Minutes Volume 6, Page 41 Motion Passed Yes: Strobel, Roach', Hohl, Anderson, Smith Abstain: Clark New Business Resolution 2006-10 supporting the concept ofthe Mariners Memorial for the Small Boat Harbor [as postponed from the March 7,2006 Planning and Zoning Meeting] Brown stated that staff completely supported the Mariners Memorial. Motion (Clark / Anderson) Approve Resolution 2006-10 Motion (Roach' / Anderson) Amend Resolution 2006-10, First Whereas; Remove the word all and replace with "many" . Motion (Hohl / Strobel) Amend Resolution 2006-10, Second Whereas; Remove the word American Motion Passed Unanimous Review of the Annual Work Session Topics as prioritized at the March 21, 2006 Council/Planning & Zoning work session Commission requested the staffbring forward a resolution to accept the 2006 work session topics as presented. Selection ofthe April 18, 2006 Work Session Topic The Commission selected a joint work session with the Historic Preservation Commission to investigate the suggestion of design guidelines within the Historic Overlay district, and a possible Transportation speaker. Discussion of the City Managers Recommendations for Boards and Commissions Commission added this item to the April 18, 2006 work session for discussion. Informational Items and Reports- (No action required) Anchorage Metropolitan Area Transportation Solutions (AMATS) City of Seward, Alaska April 4, 2006 Planning Commission Minutes Volume 6, Page 42 Commission Comments Hohl, requested procedure to reconsider a motion. Clerk stated that a request to reconsider a motion required a motion and a second to be placed on the floor. The motion required a two-thirds vote for approval. The motion to reconsider could be filed in the clerk's office by 5:00 pm of the following business day and placed on the agenda for the following meeting. Or, if stated before the close of the same meeting agenda the Commission was to vote on the request to reconsider, if approved by a two-thirds vote the motion to be reconsidered was immediately back on the table before the Commission for discussion. Once the discussion and any subsequent amendments were completed the Commission was to then vote once again on the main motion. Motion (HohIlAnderson) Reconsider Resolution 2006-09, as amended Motion Passed Unanimous Motion 2006-09, as amended was back on the table for discussion Motion (HohIlAnderson) Amend Resolution 2006-09, Section 1, Add a new Item 4; "SAAMS is required to subdivide the new lease parcel subject to City approval 90 days after the effective date of the lease amendment." Motion Passed Unanimous Motion (Hohl' /Strobel) Amend Resolution 2006-09, last Whereas, following Conditional Use Permit; change wording to read "was approved at the March 7, 2006 Planning and Zoning meeting." Motion Passed Unanimous Vote on reconsidered Resolution 2006-09, as amended Motion Passed Unanimous Continuation of Commission Comments Clark, suggested the Lease Policy and Procedures be reviewed and adopted into the City Code. City of Seward, Alaska April 4, 2006 Planning Commission Minutes Volume 6, Page 43 Stobel, concurred with Clark. Suggested the process be made easier for the public and develop a shorter time line. Voiced displeasure with the packet provided for review, she stated the packet contained an overload of information. She found the spreadsheet provided by Trevor McCabe very helpful. Roach', thanked the public for sitting through the lengthy process and helping clarify each point. She voiced concern with the small town rumors regarding the Alaska Sealife Center. She encouraged administration to be upfront; she stated rumors happened because items were not upfront. Smith, concurred with Clark that the Lease Policies and Procedures be reviewed and codified. He agreed that the packet was overwhelming; he felt there was too much unnecessary information. In defense of staff he noted the Commission had asked for more information in the packets in the past and now was overwhelmed. Anderson, also encouraged the Lease Policies and Procedures be reviewed. She noted that currently a proposal to lease a piece of property could be brought before the City Council by resolution. She felt the process was too quick and needed the staff and public review before any lease was granted. Administration Comments Citizens' Comments Tanya Sandefur, outside the City. Thanked the Commission for the interest in the Lease Policies and Procedures. She noted she had requested that procedures be reviewed and followed many times. She requested these procedures be reviewed at a public work session. John Moline, inside the City. Concurred the Lease Policy and Procedures needed review and adoption into the code. He pointed out that a letter which had been sent by SAAMS in October 2005 regarding a plan to lease the tidelands had been sent to the Mayor. He stated he understood staff had requested further information and had not received it until February. He thanked the Commission for the chance to voice his concerns. Darryl Schaefermeyer, Executive Director, Alaska SeaLife Center. Thanked the Commission for the time and efforts with the lease request. He stated he felt the letter sent to the Mayor was a formal request to lease property. He felt SAAMS had repeatedly requested information and had been ignored. Schaefermeyer stated SAAMS was not subleasing any interest in property that SAAMS leases. He stated Alaskan Northern Outfitters was given a license to operate a tour that SAAMS sponsors. Commissions and Administration Response to Citizens' Comments Smith, stated the overall message that had been presented was clear. He stated it was imperative the Lease Policies and Procedures be reviewed, approved and most importantly followed. City of Seward, Alaska April 4, 2006 Planning Commission Minutes Volume 6, Page 44 Adjournment Meeting adjourned at 10:06 pm. ~/~~ ilonna Glenz Planning Assistant -fi ~l a ( , v/,. >-;~ ~ Tom Smith Vice-Chair (City Se~'III" ", ,1'" ~......O~ SEW.q "'~ ~.. ~ ......... ~<) ." ~ 5.~..:; O~~" ~ ~ CJ ... '<:>... ~ : " ...... 1,-:' ..:..... AL' " .. .. 'S:B :- :: . :: -.- . .. ~ \ ~ ..: :: ., I. ~" ~.. ~ '. ",. .~ ." "~-:: "" '."l.1N," ,\,..' C,- .. .,~ Q\~~......":...\.. y.-..:J ...z. ..~~" "'I'fl! Or '?-":....;~ '.qi':'lIn'\\"~. City of Seward, Alaska May 4, 2006 Planning Commission Minutes Volume 6, Page 45 Call to order The May 4, 2006 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Marianna Keil-Chair. Opening Ceremony Commissioner Strobel led the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil presiding, and Kevin Clark Kay Strobel Lynn Hohl Tom Smith comprising a quorum of the Commission; and Margaret Anderson - arrived at 7:40 pm Malcolm Brown, Planner Donna Glenz, Planning Assistant Absent was: Sandie Roach' - Excused City Administration Report City Planner, Malcolm Brown - updated the Commission on the following business items: ~ Council had approved the Racing Lions Race Track lease. ~ The Polar Seafood lease was on the May 8, 2006 City Council Agenda. ~ The Executive Liaison position for the Boards and Commission had closed. ~ Brown explained he was to mobilize to active military duty in July 2006 and the City administration planned to hire a temporary planner. Brown stated the National Park Service had requested the Commission not hold a work session on the Vacation of Washington Street before May 30, 2006 and requested the Commission select a new topic for the May 16, 2006 work session. KPB Planning Commission Report by Lynn Hobl HoW submitted a written Kenai Peninsula Borough report as a lay down for the Commission and the public. City of Seward, Alaska May 4, 2006 Planning Commission Minutes Volume 6, Page 46 HoW noted she had included several lay down item from the Borough attorney regarding the disqualification for bias of a planning commissioner. Other Reports, Announcements and Presentations Liaison from Seward Bear Creek Flood Service Area Board Randy Stauffer, Bear Creek Flood Service Area Board representative stated the scheduled May 1, 2006 Flood Service meeting had be canceled due to lack of quorum. He reminded the Commission and the public of the presentation scheduled for May 9, 2006 on the Wet Land Mapping for the Seward area. Citizens' Comments on Any Subject except Those Items Scheduled For Public Hearing -None Approval of Agenda and Consent Agenda HoW removed item 9A, the Wenger Replat from the Consent Agenda. She added items 91, Discussion of Political Signs and item 9J, the Land Use Plan. Keil moved item 7 A Public Hearing, unfinished business to follow after item 7B Public Hearing, New Business, to accommodate the public. Motion (HohIlStrobel) Approve the Agenda and Consent Agenda as revised Consent Agenda included the April 4, 2006 regular meeting minutes. Motion Passed Unanimous New Business requiring a Public Hearing Resolution 2006-12 granting a CUP to the Seward Benevolent and Protective Order of Elks #1773 to operate a private club at Lots 10, II & 12, Original Townsite of Seward, 417 Fifth Avenue in the Office Residential Zoning District Brown stated Seward Benevolent and Protective Order of Elks # 1773 (Elks) had applied for a Conditional Use Permit (CUP) to operate a private club at 417 Fifth Avenue located in the Office Residential Zoning District, within the current Masonic Lodge Building. He noted several concerns expressed by the neighboring property owners as 1. the sale of alcohol to non-members, 2. special events, music and additional noise during the evenings, 3. increased traffic in the alley and 4. concerns with parking. Brown stated the Alcohol and Beverage Control Board (ABC) governed private clubs differently than a public bar establishment. Brown read the recommended conditions into the record and noted that staff supported Resolution 2006-12. City of Seward, Alaska May 4, 2006 Planning Commission Minutes Volume 6, Page 47 Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Don Cripps, inside the City. Spoke as a member of the Elks, supported the CUP and the relocation of the Elks lodge to the Masonic Lodge Building. He reviewed some of the community service events the Elks provide for the community. He strongly supported the CUP and requested the Commissions support of the resolution. Jim Fredrickson, inside the City. Noted he had been an active Elk member for many years, and thanked the Commission for the opportunity to speak on behalf of the Elks. He further reviewed the community projects and assured the Commission and the public the Elks would be good neighbors and respect the neighbors concerns. He supported Resolution 2006-12 and asked for the Commissions support. David Paperman, inside the City. Spoke as the current exalted ruler of the Elks. He reviewed the draft parking plan. He noted that the Elks lodge was a family oriented organization. He stated he had provided a draft-parking plan and two letters of support from neighbors for parking to the Commission as a lay down. He noted the parking included approximately 60 spaces and he planned to continue to work with staff to finalize the plan. He requested the Commission support the resolution. Tom Osborn, inside the City. Concurred with the other public comments and strongly support the Elk and the resolution. Sheryl Seese, inside the City. Noted it was very unlikely that the Elks lodge would ever need a dumpster. She suggested the use of trash cans instead of a dumpster and they be placed in a secure rack on the alley side of the building. Iris Darling, inside the City. Stated she supported the Elks lodge. She noted she had been a neighbor of the Elks lodge for many years and felt they were very good neighbors. Motion (Strobel/Anderson) Approve Resolution 2006-12 HoW noted a "housekeeping" change, stating Lot 13 had been left out of the resolution title. In response to HoW, Brown stated staff had not reviewed the parking plan that had been provided to the Commission as a lay down. He noted staff would review and work with the Elks Lodge to secure parking as required in the City Code. Motion (Hohl/Smith) Amend Resolution 2006-12, Condition number 3 to read, "Trash containers to be located at the alley or other location as approved by staff' City of Seward, Alaska May 4, 2006 Planning Commission Minutes Volume 6, Page 48 Motion Passed Unanimous Consent Hohl expressed thoughts of the neighbors concerns over increased traffic within the alley. Motion (Hohl/Strobel) Amend Resolution 2006-12, Add a new Condition number 5; "Applicant is encouraged to work with the neighboring property owners to mitigate traffic impacts in the alley." Anderson stated she did not feel the amendment was necessary. Motion Passed Yes: Clark, Strobel, Smith, Hohl, Keil No: Anderson HoW noted a "housekeeping" change, stating an extra letter "D" was located in the margin of Section 1, item C. Vote on the main motion as amended Motion Passed Unanimous Unfinished Business Items requiring a Public Hearing Resolution 2006-07 recommending City Council amend Seward City Code Parking Requirements, 15.10.215 to ensure compliance with the parking requirements of the Federal Americans with Disabilities Act [postponed from the March 7, 2006 and April 4, 2006 Planning and Zoning Meetings] Brown noted the current Seward City Code was not in compliance with the Federal Americans with Disabilities Act (ADA). He stated the recommendation of staff was to delete the current section 15.10.215 item (0) and replace it with a new item (0) to read" Accessible parking. All parking requirements ofthe Americans with Disabilities Act shall be complied with". Keil stated the sentence contained poor grammar usage. Notice of public hearing being 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 (StrobellHohl) Approve Resolution 2006-07 Anderson voice strong concerns with the current accessible parking provided around the community. She felt it was impractical to change the code and expect parking to be changed. City of Seward, Alaska May 4, 2006 Planning Commission Minutes Volume 6, Page 49 Smith reiterated the change to the City Code was to bring the code into compliance with current federal regulations. Motion (KeillHohl) Amend Resolution 2006-07, Change to read "All parking requirements shall comply with the Americans with Disabilities Act" Motion Passed Unanimous Consent HoW stated she had provided a lay-down of the Americans with Disabilities Act Accessibility Guidelines and she had also supplied a more detailed code revision. She noted she was disappointed staff had not provided the detailed code change for the Commission. Anderson voiced concerns with the current City ADA parking. Smith supported the staff code change recommendation; he felt the direction the commission had expressed was to change the code to comply with the ADA so that as the ADA requirements changed the City code remained current. Motion (AndersonlHohl) Postpone Resolution 2006-07 until July 6, 2006 regular meeting. The Commission discussed the postponement. Smith stated action needed to be taken to bring the City code into compliance with the Federal regulations, and that current non-conforming areas should be addressed for change in the ADA Transaction Plan. Hohl stated she did not support waiting until the July meeting. Motion (Hohl Amend the amendment to Postpone Resolution 2006-07 until June 6, 2006. Motion died for lack of second Motion Passed Yes: Anderson, Clark, Strobel, Keil No: Hohl, Smith Commission requested a 5-minute recess Unfinished Business - None New Business Resolution 2006-13 recommending Kenai Peninsula Borough approval of preliminary replat of Lots 13-15, Block 11, Original Townsite of Seward, Wenger Replat City of Seward, Alaska May 4, 2006 Planning Commission Minutes Volume 6, Page 50 Brown noted the replat was an interior lot line vacation combining three Original Townsite parcels into one approximately 9,003 square foot lot. Property was serviced by existing public utilities. Staff supported Resolution 2006-13. Motion (Rohl/ Anderson) Approve Resolution 2006-13 Motion (Holh/Smith) Amend Resolution 2006-13, Add "Whereas the property is currently improved with two structures and the improvements have not been shown on the preliminary plat". And "Whereas the intent of the property owner is to remove the existing structures and replace with a commercial building." Motion Passed Unanimous Consent Motion (Hohl/Strobel) Amend Resolution 2006-13, Section 1, Add following replat, ''with the follow Condition: Condition 1, Surveyor to confirm no encroachments exist." Hohl stated if improvements existed on the property it was a standard for Borough plats that the surveyor either show any improvements or show there where no encroachments. Motion Passed Unanimous Vote on main motion as amended Motion Passed Unanimous Resolution 2006-14 Approving 2006 P&Z priorities list Brown stated the resolution was based on Commission work sessions. He thanked the Commission for supporting the structured format of dealing with the issues before the Commission. Motion (Smith/Clark) Approve Resolution 2006-14 Anderson asked if the items on the priorities list were in order of priority to be worked on. The Commission stated the items were not in priority order but noted the topics had been tentatively selected for work sessions through 2006. Motion Passed Unanimous City of Seward, Alaska May 4, 2006 Planning Commission Minutes Volume 6, Page 51 Discussion of the procedure used for the public presentation of documents which were submitted directly to the Planning and Zoning Commissioners and the Seward City Council members, but were not made available to City administration or the public until several days later Brown stated that staff had learned that documents had been presented directly to the Planning and Zoning Commissioners a few hours before the April meeting. These documents had not been presented to the City or to staff for distribution to the public. Brown noted it was the job of staff and the City to make certain the public had access to all information the Commission based decisions on. Anderson asked if the public had access to the lay down items presented to the Commission before the meeting. She voiced concern with the dissension that had become evident between the City and the Alaska SeaLife Center (ACS). She stated she did not appreciate having been given information directly when the information had not gone to the City or been made public. Keil read a memo to the Commission and the public that she had written regarding the distribution of the information in question. She stated she had authorized the Alaska SeaLife Center to distribute the packet of information directly to the Commission. She felt she was saving the City staff time and money by having the ASC prepare and distribute the information packet directly to the Commission. Keil stated she consistently found the Planning and Zoning packets contained only the information presenting the City administration opinions. She stated she was no longer content just receiving the administrations point of view. She stated she felt many times information was laid down before the Commission that was not made available to the public. Strobel voice frustration with the continued dissension within the community, administration and the Alaska SeaLife Center. Hohl noted she often received information directly from the public. She stated when information was received directly from the public it was the job of the Commissioner to disclose to the public the information that had been received. Anderson stated she was responsible for presenting several of the amendments to the Resolution in which she referred to documents she had received and at the time of the meeting she was not aware the information had not been presented to staff or the public. Smith stated he had been told the information had been presented to the Planning and Zoning Commission, the City Council and the City Staff. He at that point felt it had been made available to the public. Staff stated that it was not the intent to point blame at anyone but to disclose to the public and to clarify the record for the April meeting minutes that the information had been received. At the time the minutes of the April meeting were being transcribed by staff the information used for the amendments was un-clear due to staff not having the same information as the Commission. City of Seward, Alaska May 4, 2006 Planning Commission Minutes Volume 6, Page 52 Clark stated that it was very important that the Commission understand it was the Commissioners responsibility to disclose any and all information that was personally received. Discussion of SewardlBear Creek Flood Service Area Board (SBCFSA), Flood Hazard Mitigation Plan (July 2005) (public copy of plan available from SBCFSA and also provided to Commissioners for May 2006 meeting) Brown stated that staff felt the Flood Board had done a great job with the plan and had identified the action items. HoW voiced concern the plan had not mentioned the sustainability of the salmon habitat. Clark concurred with HoW's concern. Selection of the May 16,2006 Work Session Topic Brown stated a request had been made by the Chair to schedule the May 16th work session topic as the Vacation of Washington Street; however he noted the National Park Service had requested the Commission not hold a work session on the vacation until after the 30th of May. Hohl noted the topic on the tentative work session schedule had been the ADA Transition Plan. The Commission discussed holding a one-hour work session before the June meeting if the Park Service requested a work session on the Vacation of Washington Street. They also discussed the possibility of a work session for the Long Term Care site. Following the discussion the Commission determined the work session topic for May 16, 2006 to be the Long Term Care site, if administration had the information available if not, the ADA Transition Plan as a back up. Discussion of revisions to the City Manager's "Recommendations for Boards and Commissions", dated February 27, 2006 Brown apologized that staffhad not had time to draft the work session notes into a resolution to present to the Commission. Motion (Hohl/Smith) Postpone the revisions to the Recommendations for Boards and Commissions until the June meeting. Motion Passed Unanimous Consent Discussion of Political Signs (Item added to the Agenda by Hohl) City of Seward, Alaska May 4, 2006 Planning Commission Minutes Volume 6, Page 53 Hohl noted the political signs had started appearing around town. She stated the City code allowed the signs no earlier than 30 days before an election. She suggested the Commission all sign a letter addressed to the candidates advising them of the City Code and requesting they comply. Following a discussion by the Commission HoW volunteered to compose a letter for the Commission to sign addressing the political signs. Land Use Plan (added to the Agenda by Hohl) Hohl voiced concern with the Land Use Plan that was part of the Comprehensive Plan. She stated she had confirmed the Land Use Plan had not been included before the Borough Planning Commission or the Borough Assembly. Staff stated the Land Use Plan had been included with the Comprehensive Plan to the Borough. It was noted that the Land Use Plan was sent in pdf format at special request of the Borough. Staff to confirm with the Borough that the plan had been received. Informational Items and Reports- (No action required) Anchorage Metropolitan Area Transportation Solutions (AMATS) Commission Comments Anderson, questioned the dumpster located on Fourth Avenue between Jefferson and Madison. She stated complaints had been filed and she wanted to know why it hadn't been taken care of. In response to Anderson, Brown stated that letters had been sent to owner of the property and contact had been made with the waste management company. He noted that overhead clearance was an issue for the pick up of the dumpster in the alley. He stated staff would continue to contact the owner of the property and work to have the dumpster moved. Hohl, stated she had no comment Clark, stated he had no comment Stobel, stated she had no comment Smith, asked Brown when his deployment was scheduled. Brown noted in July. Keil, voiced concern for Commissioner Roach's granddaughter who had been taken to Anchorage for medical care. City of Seward, Alaska May 4, 2006 Planning Commission Minutes Volume 6, Page 54 Administration Comments Administration confinned the work session topics discussed by the Commission as follows: May 16, 2006 first choice Long Term Care Site, 2nd choice ADA Transition Plan; May 20,2006 or June 6, 2006 at 6:00 pm for the Vacation of Washington Street if the Park Service was ready. Citizens' Comments - None Commissions and Administration Response to Citizens' Comments - None Adjournment 7 ~ 'e '~1LVcdL0 ... .~ arianna Keil Chair \. ",U"'''", ~",,\ Of SEl1t. . "" ~""L~' ......... ;..q")^,#~ ..~,,"" ..'011....'<." r, (City S~'P....~p~ . "1l'~O"" '\ ... .:/' ---- ... : i SEA"~ \0: -.. .~.. . . . .. .. ~ .....- : .. ~ ... ~l = -=- '.1//. 9J...... I~:: ~ ~,"f.>......"!^'! '\ ,\." ('o~ ~ ~.. .f~')t.. .~......\. ~ ~ ,p'I, f f! OF ~\. ...... 'q... .... ....1111"'\ City of Seward, Alaska June 6, 2006 Planning Commission Minutes Volume 6, Page 55 Call to order The June 6, 2006 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Chair Marianna Keil. Opening Ceremony Commissioner Strobel led the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil presiding, and Margaret Anderson Kevin Clark Kay Strobel Sandie Roach' Lynn Hohl- arrived at 7:34 pm comprising a quorum of the Commission; and Malcolm Brown, Planner Donna Glenz, Planning Assistant Absent was: Tom Smith - Excused City Administration Report - City Planner Malcolm Brown updated the Commission on the following items: ~ Maggie Wilkins was hired as Part-time Temporary Assistant Planner. ~ GIS-Cemetery conversion was on-going and all hard copy maps were scanned. ~ Floodplain - EP A Grant for Wet Lands mapping was denied. ~ Mile 0-8- Public Works stated that QAP planned to have a four inch thick layer paved from Madison to Railway by June 27th, another two inch layer by the end of the summer, and the final two inches completed by next season. ~ Historic Preservation - Council had approved further activity by the Commission for recognition of historic vegetation. The Jesse Lee Home was toured by a representative of the Rasmussen Foundation. ~ Zoning Code Enforcement- Staff continued to work on the CUP violation at a 4-plex on Fourth A venue regarding the placement ofthe dumpster. Staff had attempted several means of notification, but certified mail had been returned 'unclaimed.' Community Development continued to notify the owner using other methods. ~ Brown notified the Commission that due to his active duty deployment in the Army National Guard this was his last Planning and Zoning meeting for the next year and a half. Commissioners discussed issues regarding dumpster placement at the 4-plex on Fourth City of Seward, Alaska June 6,2006 Planning Commission Minutes Volume 6, Page 56 Avenue including moving wires up the utility pole to solve grade/over head wire issue. Brown reiterated Community Development's search for an alternative method of contacting homeowner. KPB Planning Commission Report by Lynn Hohl KPB Planning Commissioner Hohl noted several important items: ~ Hohl emailed Planner court ruling on the Vacation of Washington Street lawsuit. ~ Hohl postponed attendance at Seward Bear Creek Flood Service Area Board. ~ KPB Planning Commission was working on final stages ofthe South Sterling Scenic Byway Corridor Plan. ~ KPB gave City of Homer two parcels for South Homer Peninsula Hospital expansion at $1 a year/99 years. ~ Referred Commission to lay down regarding the Superior Court lawsuit affidavit by a hydrologist noting significant danger impact to neighborhood using shallow aquifer as its water source. ~ Metco received positive Costal Zone Management Gravel Extraction determination. ~ Exit Glacier trail would be updated to make part of the nature loop ADA accessible. ~ Kenai River Center lease was approved, HoW expressed her hope that this center would someday serve this community in addition to the Central and Southern regions of the Kenai Peninsula. Other Reports, Announcements and Presentations Liaison from Seward Bear Creek Flood Service Area Board-Not Present. Citizens' Comments on Any Subject except Those Items Scheduled For Public Hearing - Kelly Lo, inside the City, Taroka Inn and Crab Pot Restaurant were negatively impacted by Third A venue construction. Lo had understood that DOT was to provide detour signs that included business names, but this had not been done. Lo noted that the current detours did not allow access to businesses and requested directional signs. Wendy Doughty, inside the City, noted her business, Kayak Adventures, was also impacted negatively by Third A venue construction. She concurred with Lo' s request to provide signage with businesses names. Kerry Martin, inside the City, asked the Commission to consider the following issues when discussing the' Recommendations for Boards and Commissions': 1) ClaritY the expectations of the Executive Liaison position. 2) What was the logic behind requiring every board commissioner to resign? Rayleen O'Connor, inside the City, Resurrect Art Coffee House Gallery, concurred with the business owners' comments. City of Seward, Alaska June 6, 2006 Planning Commission Minutes Volume 6, Page 57 Commissioners asked if these businesses had contacted DOT. Businesses responded in the affirmative, but that DOT was unresponsive. Tim McDonald, Mile 2 Nash Road, suggested that Third Avenue business signs could include multiple businesses. He proposed disabling the reverse alarms on the heavy construction machinery. Marilee Koszewski, inside the City, Ballaine House, was force to find other accommodations for her guests because of loud nighttime construction. She hoped that next year they would only pave during the day. Lo and 0' Connor made further comments regarding the negative impact to all Third Avenue business. Approval of Agenda and Consent Agenda Motion (Anderson/Hohl) Approve the Agenda and Consent Agenda as amended Hohl made a motion to remove May 4, 2006 Planning Commission Minutes and add under Informational Items and Reports, "Political Letter drafted by Lynn Hohl." Motion Passed Unanimous New Business requiring a Public Hearing -None Unfinished Business Items requiring a Public Hearing - None Unfinished Business - Discussion of Proposed Resolution 2006-15 requesting revisions to the City Manager's "Recommendations for Boards and Commissions", dated February 27, 2006. [Postponed from May 4, 2006 meeting] In response to Keil, Brown stated that City Manager Corbridge was not actively pursuing the changes in this proposal. Keil questioned the relevance of having an Executive Liaison. Anderson noted past discussion regarding the Clerk's Office taking additional Planning Commission responsibilities. Clark recalled the intent of this proposal was to improve communication between Council and the Boards and Commissions. City of Seward, Alaska June 6, 2006 Planning Commission Minutes Volume 6, Page 58 Strobel concurred with Keil that the Planning Commission should report directly to Council. Strobel noted that the community would like to see two meetings a month. Brown clarified that the second Special Planning Commission Meetings and Public Hearing cut-off date requirements should be set by the Planning Commission, as are the first meetings of the month. Motion (Hohl/Strobel) Place on the July 6th Planning Commission Meeting Agenda a motion revising the 2006 Planning Commission Meeting Schedule to include a second Special Meeting each month if a public hearing was needed Commission discussed the need to have meetings at a closer interval and also the time for the proposed second meeting each month. Motion Passed Unanimous Hohl stressed the need for the Liaison position to be a position within the Clerk's Office. She then clarified that she did not have any issues with staff propelling forward the actions of the Commission, unless they were interpreting. Keil stated she did not see a need for the Liaison to make reports to the Council on the Planning Commission behalf because the Commission was already making those reports to Council. Anderson noted her frustration with the proposed recommendations and questioned how to proceed. Commission discussed need for the Clerk's Office to be involved with the Boards and Commissions. Motion (Anderson/Strobel) Recommend strike Planning Commission Section from the Administrative Memo titled, "Recommendations for Boards and Commissions" dated February 27, 2006, but recognize problems with policies for the Planning Commission Clark reiterated the original intent of the memorandum was to solve a communication problem between the Boards and Commissions and Council. Commission discussed confusion regarding memorandum, multiple issues for each Board and Commission, support needed for each Board and Commission, quasi-judicial responsibilities ofthe Planning Commission, and questioned the relevance of the recommendations. City of Seward, Alaska June 6, 2006 Planning Commission Minutes Volume 6, Page 59 Motion Passed Yes: Hohl, Anderson, Strobel, Keil No: Roach', Clark New Business Discussion of Temporary Off-Premise Sign Variance Application for Businesses Affected by the Third Avenue Road Construction and Set Special Meeting Date for the Review of Variance Applications Brown noted Mat-Su and Fairbanks' area DOT master signage at intersections indicating access to the businesses impacted. Commissioners questioned the need to approve a sign variance when the contractor along with DOT should be providing signage for impacted businesses. Commission discussed impact on business owners. Roach' thanked the public for their pursuit of this important issue. Motion (Hohl/Roach') Recommend the City of Seward erect temporary directional signage for effected businesses ASAP and work with DOT for a more satisfactory solution Commission discussed with Glenz the intent of Administration's request and the two issues involved; DOT signage and off-premises temporary signage erected by the business owner. Motion Passed Unanimous Commission discussed desire of effected businesses to erect their own off-site signage. Glenz clarified Administration's desire to hold a Special Meeting during the last week in June to allow public notice for meeting, time for City Attorney to draft guidelines, and time for businesses to apply for a variance. Motion (Hohl/Anderson) Schedule Special Meeting for June 27tb at 6:30 PM to review Sign Variance Applications for businesses affected by Third Avenue Road construction Administration clarified that individual variances would be reviewed during this meeting. In response to the Commission, Administration was not able to give a definite answer, for this situation, on the cost for a variance application. City of Seward, Alaska June 6, 2006 Planning Commission Minutes Volume 6, Page 60 Commission suspended the Rules to question Third Avenue business owners in the audience. Audience member Marilee Koszewski clarified that her concerns revolved around 'Road Closed' signs and needed directional signage. She stated that advertising signs, that needed a variance, should not be allowed. Scott Egger, inside the City, thanked Commission for public service. Egger recalled that DOT had promised business they would provide signage. Since this didn't happen, Egger suggested pressuring DOT instead of working with a variance process. Motion Passed Yes: Anderson, Clark, Strobel, Hohl No: Roach', Keil Set Date and Select Topic of a June 2006 Work Session. Keil suggested working on the Municipal Land Plan. Motion (Hohl/Strobel) Commission Requests a Laptop Computer with appropriate documents available at Commission work sessions Motion Passed Unanimous Consent Hohl suggested working on the Long Term Care Center. Commission set a Work Session to discuss the Long Term Care Center (if presentation was ready) and the Municipal Land Plan for June 20th at 6:30 pm. May 4, 2006 Regular Meeting Minutes Motion (Hohl/Anderson) Approve May 4, 2006 Regular Meeting Minutes Motion Passed Unanimous Informational Items and Reports- (No action required) Agenda Hohl noted items postponed should be reflected on the Agenda. Hohl requested Borough format be followed by Administration. Political Sign Letter City of Seward, Alaska June 6,2006 Planning Commission Minutes Volume 6, Page 61 Commission recessed for 5 minutes to review letter. Hohl discussed usage of the letter format or the check box format for the Political Sign Violation notification. In response to Clark, Hohl clarified that it was both the property owner's and the candidate's responsibility to insure the political signs were correctly displayed. Commission discussed the merits of each style of notification. . After choosing the letter format, Commission dictated changes that were incorporated into letter drafted by Hohl. Commission Comments Hohl stated she had no comment. Roach' thanked public for attending the meeting. Stobel appreciated Kerry Martin's comments on the City Manager's recommendations. She apologized to the businesses affected by the construction on Third Avenue. Clark revisited the City Manager's recommendations and noted that the City Manager was still hiring an Executive Liaison. He also wished Brown a safe deployment. Keil commented on her displeasure with an Executive Liaison position. Anderson stated that the City Manager should hear the Planning Commission's comments straight from the Commissioners. Administration Comments Citizens' Comments - Kerry Martin, inside the City, urged the Planning Commission to not allow any offpremises signs. He noted that the Planning Commission was required by State Law and clarified that many of their procedures were set in Code. In the past, two meetings per month for the Planning Commission were not held because of staffing issues. Martin expressed concern that the Liaison would have trouble balancing the Boards and Commissions and setting priorities that served everyone. Scott Egger, inside the City, hoped that the Commission would eat at the Crab Pot to support that business. Egger noted that a desk top computer could be installed in the Council Chambers. He thanked the Commission again for their service. Commissions and 1~,"j";lltration Response to Citizens' Comments - City of Seward, Alaska June 6, 2006 Planning Commission Minutes Volume 6, Page 62 Commission applauded Planner Malcolm Brown. Adjournment Donna Gle Planning Assistant ~~ ~anna Keil Chair typed by: Christy Terry, Executive Liaison ","In"" C. S I) ~""'~l OF St11~"" ( lty ea ...... .-:...... ........... '1~ "'., ! (j.:.:~r:/?S'OFtA.';',~'O ~ _ ..r ~. ~ ... . .....~. ':;""'. ~ ...: .-..- '-' e, .. : .: SE":'j'\ T : :: .: ~'i"U-I' . .. , ~ J. :;: ~.. ---!~ -- .n"v(/, '.. ~ vX...."vt; 1 ...~~'}:... ~ $ "" '1)-~.....I.... r;;,-tJ~.. "'1<;: OF p..\,.'f. \\,...... "",nn"" City of Seward, Alaska July 6, 2006 Planning Commission Minutes Volume 6, Page 63 Call to order The July 6, 2006 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Chair Marianna Keil. Opening Ceremony Commissioner Roach' led the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil presiding, and Margaret Anderson Kevin Clark Lynn Hohl Sandie Roach' Tom Smith Kay Strobel comprising a quorum of the Commission; and Clark Corbridge, City Manager Donna Glenz, Acting Planner Maggie Wilkins, Assistant Planner Christy Terry, Executive Liaison Absent was: None City Administration Report - Glenz updated the Commission on the following items: . Introduced Maggie Wilkins, Assistant Planner and Christy Terry, Executive Liaison for Boards and Commissions. . Copies of the 2020 Comprehensive Plan were now available to view on the City of Seward Website or the public could obtain a hard copy from Community Development for a fee of $15.00. . The Kenai Peninsula Borough Assembly would review the 4th of July Creek Subdivision, Polar Seafood Replat at their July 17, 2006 meeting. . The Chamber Derby booth was being constructed in the Harbor. . Commission lay downs included the Code violation letter sent to political candidates. Corbridge updated the Commission on the following items: . Introduced Eddy Athey as the new Deputy Fire Chief. . The next Council Meeting would include Introduction of an Ordinance changing Community Development back into a department from the current designation as a division of Administration. . There were plans to schedule a Work Session on planning and permitting after July 17th. City of Seward, Alaska July 6, 2006 Planning Commission Minutes Volume 6, Page 64 In response to Keil, Corbridge stated that the current Community Development did not have a department head and was not operating at a department level. In response to further questions, Corbridge noted the current proposal included five staff members in the Community Development Department, but that the Building Inspector position would remain in Engineering. Clark noted his approval of the Administration taking action instead of conducting another 'study.' Corbridge assured Keil that more staff would allow the Department to operate more efficiently. Smith agreed it was important for Community Development to have fun department status. He requested the Administration clarify and detail the functions of the staff in the Community Development Department. Corbridge stated an organizational chart would be developed outlining duties and responsibilities, but reminded the Commission this was stin subject to Council approval. Hohl hoped one of the new positions was empowered with enforcement duties. Corbridge noted that funding was also needed for enforcement. Anderson supported this proposal because she approved of having structure in place to aid with communication. KPB Planning Commission Report by Lynn Hobl . Hohl directed that Commission's attention to item #1 in her written report that she would not attend the July 17th KPB Planning Commission meeting. . Hohldirected the Commission's attention to item #2 regarding whether or not Planning Commissioners may vote in quasi-judicial matters before the Borough Planning Commission when a member had already voted on the same issue at the City level. . Hohl noted item #8 was timely regarding the risk associated with wind downing of trees due to thinning. . Hohl referred the Commission to item # 11 where the Borough Code required the preliminary plat show the approximate location of known utilities. . Hohl reviewed item #12 clarifying that Borough Code requires, "No permanent structure shall be placed in the utility easement." . Lastly, Hohl reviewed item #26 - The borough has 49 days to approve a plat once a completed application & fee was submitted. If no action was taken the plat is automatically approved as submitted. City of Seward, Alaska July 6, 2006 Planning Commission Minutes Volume 6, Page 65 Other Reports, Announcements and Presentations Liaison from Seward Bear Creek Flood Service Area Board- None. Citizens' Comments on Any Subjeet except Those Items Scheduled For Public Hearing- Tim McDonald, inside the City, expressed concern with speeding traffic on Fourth Avenue between 1 sl National Bank and Peking Restaurant. He suggested speed bumps on this section of the street. Approval of Agenda and Consent Agenda Motion (AndersonIHohl) Approve the Agenda and Consent Agenda Hohl added to New Business an Item D: Discussion of Planning and Zoning Commission Packet Delivery. Hohl added to New Business an Item C: Set work session topic for July 18, 2006. Motion Passed As Amended Unanimous Unfinished Business Items requiring a Public Hearing _ Resolution 2006-07 recommending City Council amend Seward City Code Parking Requirements, 15.10.215 to ensure compliance with the parking requirements of the Federal Americans with Disabilities Act (postponed from the March 7,2006, April 4, 2006 and May 4, 2006 Planning and Zoning Meetings] Glenz reviewed the history of this resolution and its accompanying ordinance. Glenz recommended approval. *(Motion (Roach'/Anderson) Approve Resolution 2006-07 recommending City Council amend Seward City Code Parking Requirements, 15.10.215 to ensure compliance with the parking requirements of the Federal Americans with Disabilities Act] *Note: This motion was made at the March 7,2006 Planning and Zoning Meeting. Notice of public hearing being 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, Alaska July 6, 2006 Planning Commission Minutes Volume 6, Page 66 In response to Anderson, Hohl clarified that modifying the Building Code to match ADA compliance would not fall under the Planning and Zoning Commission's prerogative. In response to Hohl, Glenz stated that staff did not currently review for ADA compliance in individual parking lots, but did refer the plan submitters to the ADA requirements for compliance. Glenz stated that once this was codified. then staff would review plans with the specified requirements as they were submitted. Hohl pressed to understand how staff would know what requirements to review. Glenz stated that staff would be expected to research and know what the requirements were. In response to Anderson, Glenz noted that the City had been working with Jim Brady from the Independent Living Center regarding the City's building and parking ADA requirements. Glenz also noted that this proposed resolution brought the City Code into compliance. She clarified that bringing City buildings and parking lots into compliance with the ADA was a separate issue from what was in front of the Commission. Anderson stressed the importance of the City complying with code requirements. She inquired as to what the grievance procedure in these cases would be. Corbridge noted there was not a current specific grievance procedure in City Code to address ADA requirements. Smith discussed the importance of ADA compliance. Strobel noted her concerns with the sidewalk in front of the Senior Center. Corbridge clarified that ADA compliance was required throughout the current DOT project, and administration would follow up on the issue. Hohl declared that she currently volunteered for the Independent Living Center, had worked there in the past, and asked for a ruling from the Chair if she had a conflict of interest. The Chair ruled . that Hohl did not have a eonflict of interest. Clark commented that Building Code Requirements and Parking Code Requirements were two separate issues. He noted that ADA requirements superseded City Code and Administration had brought this forward to bring our City Code into compliance. Motion (Hohl/Anderson) Move ~requirements' to. follow '(0) Aeeessible parking' and ,have the line eontinue as, 'All parking shall eomply...' City of Seward, Alaska July 6, 2006 Planning Commission Minutes Volume 6, Page 67 Motion Passed Unanimous Motion Passed Yes: Andenon, Clark, Hohl, Keil, Roach', Smith, Strobel No: None New Business Items requiring a Public Hearing Resolution 2006-17 recommending City Council and the Kenai Peninsula Borough approval of the Replat of Lot 17 A, Block 9 and Lots 1 and 2, Block 4, Original Townsite of Seward, including: Vacation of the portion ofWlIIKhington Street located between Fifth Avenue and the East boundary of the aUey located 100 feet to the West; including any associated utility easements; and adding an additional twenty (20) feet to the East side of the alley between Washington Street and Railway Avenue Corbridge introduced the Mary Lowell Center Partners and Bill White, Senior Planner, USKH, Inc. White presented the Mary Lowell Center Traffic Impact Analysis Preliminary Review of the Results and Conclusions. In response to a question from Smith. White stated that there would be 180 visitors per hour that would break down to 1 walking visitor to 1 automotive visitor to 1 public transportation visitor. This was the formula they used to arrive at approximately 60 parking spots needed at the Center. White noted that turnover durations were part of the equation. Anderson asked if White compared SeaLife Center visitor/parking numbers to their results, White answered that they had questioned the Mary Lowell Center Partners and used their judgment White stated that the amount of parking spaces recommended in the study would accommodate the visitor parking needs for a majority of the days of the year. There would be a few 'high-tide' times where overflow parking would be needed. In response to Hohl, White explained that a vehicle occupancy rate for facilities of this nature was 2.5 while an occupancy rate for restaurants was 1.5. He also described the peak time at the Mary Lowell Center in the morning, where there would be traffic congestion of 20 seconds at Fourth Avenue and Adams Street. Hohl noted the numbers in the traffic study seemed flawed. She commented on the alley being dedicated one-way Northbound and the problems trucks would encounter going uphill. In response to Roacb', White clarified that the counts were collected in June 2004. In response to further questions, White would be taking concerns and comments from tonight's meeting and working those into the final report. White disclosed that the morning peak time was developed from counts taken from the State of Alaska study. City of Seward, Alaska July 6, 2006 Planning Commission Minutes Volume 6, Page 68 Roach' echoed the concerns of others that Northbound was not a good solution for this alley. In response to Smith, White noted that historical data from the Partners was projected out from existing facilities to develop visitor numbers. In response to Keil, White reviewed the Level of Service Summaries and noted that this information included a base level of growth for the community. Hohl noted that these recommendations seemed to be orienting traffic towards Fifth Avenue instead of Fourth Avenue. Keil thanked Mr. White for his presentation. Corbridge recommend Planning and Zoning approve the resolution. Assistant City Manager and Mary Lowell Center Partner Kirsten Vesel responded to Keil's question by reading item #3 in Section 1. Vesel clarified that the Partners were asking for a separate agreement for a ten foot allowance subject to Council reviewing an ordinance for a marginal access road. Hohl asked Vesel if it would be better to postpone action until Council was able to decide on the proposed Marginal Access Road Ordinance, and received a negative answer. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Shannon Kovac, inside the City, read the recommendations of the Mary Lowell Citizen's Advisory Committee in support of the project. Bob Linville, inside the City, thought the traffic study was very educational. He encouraged the Commission to require a 50 foot alley on the plat. Linville encouraged the Commission to require that this street revert back to a public right of way if the project was not built. Linville suggested another 8 foot easement on the East Side of the Plat. He noted that there should be a flashing crosswalk at Fourth Avenue and Fifth Avenue to deal with the increase in pedestrians and vehicles. Iris Darling, inside the City, concurred with Linville's statements. She expressed her concerns and would like to see the actual number of vehicles on Washington Street. Darling expressed confusion as to why this facility was being located in a street when it would be less expensive to locate on an actual lot. She noted her frustration at her business being a good neighbor for Seward since 1903, and felt the City was cutting off the visitors and creating a new visitor migration area away from downtown businesses. Darling felt downtown businesses were going to suffer when this facility was in place. City of Seward, Alaska July 6, 2006 Planning Commission Minutes Volume 6, Page 69 Bill Hearn, inside the City, noted he was happy to see the traffic study, but felt it was unfair to present a partial study on the night of the resolution. Hearn felt the numbers were flawed and cited that the study recognized 135 vehicles on Washington Street with no building, but only projected a 60 vehicle increase on Railway Avenue when the building was in place and Washington Street was vacated. Hearn asked the Commission to gather data and make decisions based on analyzing that data. He noted the extreme inconvenience this rerouting of traffic would impose. He asked the Commission to postpone voting on this issue until an economic analysis and a formal traffic study could be analyzed. Kerry Martin, inside the City, questioned if recreational vehicles and government vehicles were taken into account as part of the traffic study. Martin noted that utility easements were not located in streets; the utilities were located there, but additional easements were unnecessary. Martin stated that the Planning Commission had to follow City Code and approve a fifty foot Right Of Way. Martin felt that Seward's Subdivision Code was grossly out of whack, but to just amend this piece didn't make sense without looking at the entire Code. He felt that once the plat was signed by the Kenai Peninsula Borough, then the City would never regain ownership of this property. Martin noted his concerns that when projects were put in place other ramifications off site tend to be imposed. Kathy Byars, inside the City, supported the previous public hearing comments. She noted she used Washington Street on a regular basis to avoid bus traffic on Railway Avenue and had no safety concerns with Washington Street. She endorse the fifty foot alley and stated that a remote parking lot wasn't feasible in practice. Beyers concurred with Martin's comments about auxiliary ramifications after facilities were put in place. Carol Griswold, inside the City, cautioned the Planning and Zoning Commission about accepting the Traffic Study's numbers and recalled that the data was collected in 2004 during mid- week in early June. She noted items in the Traffic Study: I) questioned if the study examined a portion of Washington Street being closed or the whole street, 2) the direction of alley traffic would be important to vehicle and pedestrian safety, 3) study was based on a twenty foot alley instead of 50 foot right of way, 4) questioned if the parking stalls configured for compact cars or recreational vehicles, 5) street parking should not be counted, 6) overflow parking options would also be full when needed, 7) pedestrian crossing should be at Fourth Avenue and Railway Avenue to leave Fifth and Railway for heavy trucks to exit and to divert tourists downtown, 8) noted City Code must be followed and when considering vacation there had to be equal or superior access, 9) require an 8 foot easement along the East property line. Griswold supported the property reversion back to the City. She displayed her concept for a Washington Street extension. Sheryl Seese, inside the City, supported a 50 foot street. She suggested traffic on the alley be routed Southbound and only allow left turns. She stated that Mr. White's study made it clear pedestrian traffic would not be routed to the downtown businesses. She noted it was difficult parking downtown. City of Seward, Alaska July 6, 2006 Planning Commission Minutes Volume 6, Page 70 Scott Egger, inside the City, asked the Commission to take a closer look at the project. He stated that band-aids were the mode of planning for the City of Seward. Egger felt that traffic problems were guaranteed. He stated he was against the vacation of Washington Street and spoke in opposition to the resolution and asked Planning and Zoning to vote against it. Tim McDonald, inside the City, felt the infonnation for the traffic study was flawed. He noted any grade would cause problems for heavy trucks in winter conditions. He asked the Commission to consider the scene downtown without the full use of Washington Street for 4111 of July. McDonald informed the Commission they would be making an error if they didn't postpone this resolution. He thought urban planners graded the buildings down to the waterfront. He urged everyone to get involved. McDonald made inappropriate comments and was gaveled out of order by the chair. He concluded by stating it was inappropriate for the City to be part of the partners working on the project. Dale Hoogland, inside the City, originally supported vacation of Washington Street. He noted that his understanding was the developing agencies were going to provide funds to renovate downtown. He supported construction of an underground parking structure where the Arcade building was formally located. Hoogland supported a 50 foot right of way with the traffic flow going Southbound. He felt there would be less disruption using Washington Street as a bus load and unload. He supported the multi-agency concept but also supported the needs for citizens to be heard. Jeff Mow, Superintendent Kenai Fjords National Park, thanked the Commission for their time and effort. and thanked Bill White for his traffic study focusing on one element of the project. He clarified that the public process would continue and would incorporate public comments into the project. He stressed that he wanted this project to not only be a success for the agencies involved, but also for the City of Seward. Tanya Sandefur, inside the City, encouraged the Commission to listen to the public and look at procedures for appropriations, vacations and leases. She felt the City was not learning from their mistakes. Darryl Schaefermeyer, Alaska SeaLife Center, clarified that the partners withdrew their request to acquire 10 feet of the Arcade property and SAAMS did not agree that 50 feet was needed there. He stated SAAMS would still be willing to provide the 10 feet without any conditions. He stated that everything done by the Alaska SeaLife center was in following with their CUP. He again offered funding to make additions available to this project, including parking for this area. Schaefermeyer concluded by offering assistance for the project. No one else requested to be heard and the puhlic hearing was closed. The Commission took a ten minute recess begjnning at 9:30 pm. Motion (SmithIRoach') Approve Resolution 2006-17 City of Seward, Alaska July 6, 2006 Planning Commission Minutes Volume 6, Page 71 Motion (AndersonlStrobel) Strike the word 'associated' and substitute the word 'unnecessary' in the heading and Section 1, line 5. Anderson stated that this language would give the City more flexibility. Motion Passed Unanimous Motion (HohllRoach') Substitute in the heading and Section 1 lines 5 and 6: "thirty (30) feet" in place of "twenty (20) feet" and after the final Avenue add a semicolon along with "and extending North to create a curved radius in accordance with Kenai Peninsula Borough Code" Hohl clarified her intent of replacing a 'street' with a 'street' that met the minimum City Code using this amendment. She felt this street would not qualify as a 'marginal access road' because more then three lots used this road for access. Hohl asked the Fire Chief if this would meet emergency egress, and received an answer in the affirmative. Motion Passed Unanimous Motion (AndersonIHohl) Strike aU language after the word 'Code' in Section I, item 3. Motion Passed Unanimous Motion (HohIlStrobel) Add a new item 4 under Section I (renumbering the following items) to read, "The fifty (SO) foot dedication shall be required extending North to create a curved radius in accordance with Kenai Peninsula Borough Code." Motion Passed Unanimous Motion (HohllRoach') Add a new item 5 under Section 1 (renumbering the foUowing items) "In accordance with Kenai Peninsula Borough Code f 20.20.170 'Pedestrian ways required when' an eight foot North-South pedestrian easement shall be provided within the western side of existing lot 17 A connecting City of Seward, Alaska July 6, 2006 Planning Commission Minutes Volume 6. Page 72 to the eight foot pedestrian easement along the Northern Boundary ofthe property." Hohl demonstrated how her proposed easement would run along the alley and join the easement already noted on the plat. Hohl clarified her desire to have a pedestrian easement that the Mary Lowell Center would have to maintain. The rules were unanimously suspended to allow Kenai Fjords National Park Superintendent Jeff Mow to speak to the Commission. Mow clarified that the current building design allowed for a five to eight foot setback along that side of the lot for pedestrian easement, but it just wasn't presented as part of the plat. In response to Hohl, he stated he did not have an objection to the eight foot pedestrian easement. He noted that the current design still bad a twenty foot wide 'vista' through the building along the trace of Washington Street. In response to a question from Roach' , Mow stated that this access would be open twenty-four hours except for certain times in the winter due to windblown snow. In response to a question from Corbridge, Mow stated that the loading dock depicted on the schematic design was recessed into the building and should not interfere with the pedestrian easement. Roach' spoke in support of the amendment to add the eight foot pedestrian easement along the alley. Motion Passed Unanimous Anderson asked the Commission to discuss Section 1, item 8. Hohl felt item 8 should be left in the Resolution, but stressed to the Administration they needed to enter into an agreement with the partners to have the property revert back to the City if the project doesn't take place. Corbridge assured Hohl that the Administration knew an agreement was necessary. Smith concurred with the importance of having an agreement. Motion (HohllSmith) Strike the last sentence of item 8 so that this item now ends with "at the property." Motion Passed Unanimous Consent Smith noted that the Center wasn't fully designed yet and urged the public to attend the meetings regarding the Mary Lowell Center. He bad witnessed how public input was incorporated into the designs. Smith noted that the parking study needed to look at the percentage of Recreational Vehicles and needed to validate visitor numbers with the Forest Service and Park Service. He felt the study done in June was a little early to get an accurate picture. City of Seward, Alaska July 6, 2006 Planning Commission Minutes Volume 6, Page 73 Motion (Hohl/Strobel) In Section 1, item 1 delete "City staff' and substitute "the Planning and Zoning Commission through the Conditional Use Permit process." Motion Passed Unanimous Consent Motion (Hohl/Smith) In Section 1, item 8 delete the start ofthe second sentence that reads, "If this is not done, then" and the following "that" and "consider." Add "enter into" after "City" and before "an agreement" and add "and reversion as a public property, if the project does not use the vacated parcel" after "construction begins" and before "at the property." Motion Passed Unanimous Consent A motion by HoW to amend Section I, item 2, to require approval of the tsunami escape route prior to finalllLlthorization of th~ plat failed to receive the necessary second. In response to HoW, COfhfi~ge explained that item 7 was not a subdivision agreement, but did have the items necessary iQ IN& Inst/mcfi!. Hohl stressed the impQrtMce of the .j(enai feninsula Borough staff reading the original plat note. Hohl directed the COllU1lis$ipn~ts lWli Adrnimstfation to the plat note requiring ownership of anything in the right-of-way (utiHti~s, stt*tcars, fkjtes, etc.) reverting back to the Ballaine family and their heirs ifit was not used for the public. HoW was concerned that this would be a future issue and wanted the record to reflect this information for the Kenai Peninsula Borough Staff for their review. Main Motion Passed Unanimous Unfinished Business - None New Business Approval of revising the 2006 Planning and Zoning scheduled meeting calendar to include the third Tuesday of each month as a Special Scheduled Meeting for Public Hearing Items and establish the Special Scheduled Public Hearing Cutoff dates. Glenz noted the Commission requested this amended schedule for Special Scheduled Meetings. Glenz clarified that if a Public Hearing was needed, then a Special Regular Meeting City of Seward, Alaska July 6, 2006 Planning Commission Minutes Volume 6, Page 74 would be held, or if there were no Public Hearings on the Agenda, then a work session would be held. Motion (HohIlAnderson) Approve the revised 2006 Planning and Zoning meeting schedule, changing the third Tuesday of each month work sessions to "scheduled special meetings' if a Public Hearing item has been submitted by the required cut-off date and establishing the three week cut-off dates for Public Hearing items. Motion Passed Unanimous Work session municipal land plan on July 18th work session. After Commission discussion, Review and Update of Municipal Lands Management Plan was chosen as the work session topic for July 18, 2006 at 6:30 pm. Discussion of Planning and Zoning Commission Packet Delivery. Hohl stated she would like her packets mailed. The other Commissioners stated they would prefer to pick up their packets at Police Dispatch. Informational Items and Reports- (No action required) "Garbage Can Grants Save Kenai Bears" written by Russell Freeman Stigall Anchorage Daily News, Seward Phoenix Log, published: May 31, 2006. Anderson stated she would like to see the City participate. Roach' stated she supported the program and wanted to present the information to the community during the September community values meeting. HoW stated she remembered this being part of the Comprehensive Plan. Anderson stated she would like to see a resolution supporting this. Glenz stated she had been working with Larry Lewis to bring this program before the Planning and Zoning Commission and City Council with the ultimate goal of implementing this program in Seward. City of Seward, Alaska July 6, 1006 Planning Commission Minutes Volume 6, Page 75 Commission Comments Anderson expressed her gratitude for those citizens attending the meeting. She expressed her support for the multi-agency facility in this location and expressed her displeasure at being personally attacked. Hohl stated she did support this location at one time until the other realized their other property choice was larger. She noted she would excuse herself from voting at the Borough level. Smith noted that in a Democracy not every person gets their way 100010 of the time. Clark stressed that the City was a partner in this project. Strobel supported the vacation of Washington Street, but also supported individuals being allowed to vote on a referendum. She noted that it was unfortunate that this was not able to be arranged. Strobel then stressed the need to move forward. Roach' concurred with Strobel. She stated that tonight's vote was not on the vacation, but on issues regarding the plat. KeD commented that that this Commission did not have authority over appropriations, calling a vote, or private property under discussion. She dido't believe it was fair for the public to call any Commissioner's integrity into question. Citizens' Comments - Kerry Martin was encouraged by the participation. He congratulated Tom Smith on his retirement. Martin thanked Corbridge for changing Community Development back to a Department. He stressed the need for the City to follow its own Code. Martin clarified that a CUP should be required prior to a building permit application. Scott Egger appreciated Commissioner comments. He supported citizens being able to vote and have their say. Egger understood that not everyone could get their way, but wanted Boards, Commissions and Council foster an atmosphere where people are welcome to express their opinions. Tim McDonald apologized for his inflammatory comments. He clarified that Washington's Army's intentions were for the citizens of Seward to have a vote on the issue. McDonald stated that this issue would continue to be examined. He stated the project had to be discarded for the citizens to have an actual vote. He commended the Planning and Zoning Commission on work they did on the job they were tasked. McDonald concluded by saying this whole issue was not a democratic process. City of Seward, Alaska July 6, 2006 Planning Commission Minutes Volume 6, Page 76 Tanya Sandefur wondered if the City Manger could give an update on the procedures for leases. She noted appropriations should be adopted into a procedure where a referendum could be utilized. Polly Egger thanked the Commission for all their work. She clarified that Council and the City Manager were the individuals who retaliated when citizens shared their opinions. Commissions and Administration Response to Citizens' Comments - Corbridge noted the lease procedures were on a list submitted to Council that Council had discussed, but not prioritized. He needed to return to Council to ask them to prioritize. Roach' responded to citizen complaints by referring them to the new Comprehensive Plan that contained an organizational chart with citizens on the top. Anderson noted the opportunities for citizens to speak during the Agenda. She clarified that if a vote was required for every citizen disagreement, it would be impossible to get anything done because the City would be voting on everything. Hohl noted that the City did not follow the Sign Code with their reader board sign posted as a banner on the boardwalk. She suggested Parks and Recreation apply for a variance. Hohl suggested Corbridge approach Council with a pre-prioritized list. She felt Council should allow comments on each Agenda Item at the time they are being discussed. Smith seconded Hohl's suggestion to approach Council with a list of priorities already ranked. KeD noted that she had been approached by individuals who supported the vacation of Washington Street, but they did not want to testify for fear of attack from the public. She appreciated public involvement in the meetings. Adjournment {1 tJA j ,u., <" L arianna Keil Chair J4:e (City Seal) ""," ".~, ~, se '1" ~ . .;:t",,,, ".. ~ f\. ..".....,. .,I'IYA) ~ ~ ,.'}. $F""'-"?O&>~':"' ',:) -:. ~ ,..., ,,' ....,;:,lrf '\,... ,It ~ ..~ <!;,'" ~ = :,,. ,.~ 0", :. = i , :. : . \ SIijj\L i e> E .... -...- :: -:. . " ~ ~ tS' \Yotv r"...~.., ~ $ " ~.;:...~.'l~'" (_:;~~~ ~'" '1:' 0 F h ","r-.~....... '1, r. .... "'ltnll'\\). City of Seward, Alaska August 1, 2006 Planning Commission Minutes Volume 6, Page 77 Call to order The August 1,2006 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Chair Marianna Keil. Opening Ceremony Commissioner Keilled the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil presiding, and Margaret Anderson Kevin Clark Sandie Roach' Kay Strobel Lynn Hohl Tom Smith comprising a quorum of the Commission; and Maggie Wilkins, Assistant Planner Christy Terry, Executive Liaison Absent was: None City Administration Report Terry reported on the following items: · Acting Planner Donna Glenz would return on Monday August 7th. · Community Development Department continued to operate in Donna Glenz's absence with Assistant Planner Maggie Wilkins and Executive Liaison Christy Terry assisting the public. Glenz was also available by phone. · 4th Avenue dumpster complaint was to be resolved by the end of the week with construction of a garbage can rack off the alley and removal of the dumpster. · An individual was interviewed for the Temporary Planner position and references were in the process of being checked. · Council's work session on planning and permitting was to be scheduled at their August 28th Regular Meeting. · Friends of the Jesse Lee Home had their monthly meeting in Seward on the July 27th and they continued to gain support for their cause. · KPB was moving forward on upgrades to the Spruce Creek Bridge. Keil questioned the conflict of interest memorandum given to the Commission by staff and City of Seward, Alaska August 1, 2006 Planning Commission Minutes Volume 6, Page 78 noted the policy outlined was not adopted in Council's Rules of Council Procedure. In response to Keil, Terry noted she had solicited parliamentary advice from the Clerk's Office. In response to HoW, Terry noted that the ADA Ordinance was to be introduced to Council at their August 14th Regular Meeting. In response to HoW, Terry noted there was no current response to the reader board on the boardwalk. In response to Hohl, Terry noted that the Planning and Permitting Work Session was a Council Work Session, but that members of the Commission had asked about when this would be taking place. KPB Planning Commission Report by Lynn Hohl Hohl noted she did not attend July's KPB Planning Commission Meeting. She noted there was a Kenai Borough Assembly Meeting tonight and reviewed items pertinent to Seward that was on their agenda. Other Reports, Announcements and Presentations Liaison from Seward Bear Creek Flood Service Area Board - Not in attendance. Citizens' Comments on Any Subject except Those Items Scheduled For Public Hearing - None. Approval of Agenda and Consent Agenda Motion (AndersonIHohl) Approve the Agenda and Consent Agenda Hohl added a new number 7 "Discussion of Conflict ofInterest Memorandum" and renumber the following Agenda items. Anderson stated she wanted to discuss Informational Item 10. A. "Response to Political Sign Letter from Sean Parnell" and expand this to include a general discussion regarding "Political Sign Limitations" when this item was reached on the Agenda. Motion Passed Unanimous The July 6, 2006 Regular Meeting Minutes were approved with the Consent Agenda. Conflict ofInterest Memorandum Anderson stated that the present Conflict of Interest procedure was to ask the Chair for a ruling if the Commissioner had a conflict of interest. She noted that this Memo over stepped the current policy. HoW initially agreed with Anderson until the Kenai Peninsula Borough Attorney gave a presentation to the Borough Planning and Zoning Commission explaining that a rezone was an actual City of Seward, Alaska August 1, 2006 Planning Commission Minutes Volume 6, Page 79 quasi-judicial action requiring more stringent rules. Hohl noted that the Borough Attorney stated Commissioners should not testify unless they have something different to impart to the Commission. Keil stressed the Commission should only follow policy adopted by Council, not just a recommendation by administration. Hohl noted the Commission was allowed to make decisions based on administration's advice. Keil stated she felt Commissioners should be allowed to stay in the room. She felt there would not be anymore pressure having a Commissioner in the room then just the general public. HoW and Keil agreed that there should be a policy set by Council. Clark noted that this was triggered by his inquiring on what the policy was. He noted he objected to leaving the room and didn't agree that he would put undo pressure on the Commission. He noted this wasn't covered in the Rules of Council Procedure and this policy should be set by Council. HoW stated she felt comfortable with Clark remaining in the room. Clark noted it would be important for the applicant to remain in the room if the Commission needed to ask them a question. Smith stated it was silly for person to leave room especially if they were allowed to testify. Anderson concurred with Smith and felt they should have every right to speak and represent themselves. Keil stated the Commission would abide by any policy set by Council. New Business requiring a Public Hearing Resolution 2006-16 recommending City Council approval of amending the Land Use Plan and rezoning of Lots 7, 8, and 9, Block 17, Original Townsite of Seward, Federal Addition from Single Family Residential (Rl) to Auto Commercial (AC) Commissioner Clark declared a conflict of interest, since this rezone request was regarding his property. dais. Chair Keil ruled Clark did have a conflict of interest and Clark was excused from the Terry noted the administration did not recommend the rezone for the following reasons: City of Seward, Alaska August 1, 2006 Planning Commission Minutes Volume 6, Page 80 . Current Land-Use Plan adopted under the 2006 Comprehensive Plan recommended this area remain residential by adopting a Zoning District of Two- Family Residential (R2) . Current Land-Use Plan recommended the Auto Commercial Zoning District (AC) and its uses be connected to Third and Forth Avenue due to the nature of the uses allowed in this district . Current Comprehensive Plan noted desire of the community for Second Avenue to remain residential . Current Comprehensive Plan encouraged residential property development Keil noted the intent of the Land-Use Plan to bring non-conforming lots into conformance, and Terry agreed noting that there were residential zoning options that would accomplish that intent. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Tom Tougas, inside the City, outlined the uses of the properties surrounding his requested rezone. He noted the building he planned to build was consistent to the Kenai Fjords Tour building built on the adjacent lot. Tougas felt the area was not residential in nature. He noted Clark was joined in this venture because the structure on Clark's property extended over the lot line. Tougas' main desire was to develop this lot with a legitimate use with the Ambulance Corp across the street. He noted he had begun the replat process and had sold 10 feet of his property to Kevin Clark. Tougas clarified that his proposed building would bring tax revenue into the City and provide jobs. Anderson questioned Tougas on his proposed building, and Tougas informed her that he did not have an exact design, but it would be a warehouse, office and an apartment. In response to Roach', Tougas felt the primary access to the building would be offD Street. He felt the current KFT warehouse did not add any traffic to the area and neither would his plans to develop the property under discussion today. Keil clarified that traffic would access any proposed warehouse from Third Street to D Street, and received an answer in the affirmative. Hohl noted the zoning could be based on the preliminary plat if the Commission wanted to zone the lots separately. Tougas stated the preliminary plat had gone before the Planning and Zoning Commission, and had been submitted to the Kenai Peninsula Borough. but the Kenai Peninsula Borough couldn't approve the plat until the City of Seward signed their approval. City's approval was contingent on the electric utility being buried and Tougas noted he was working with the City to resolve the issue. No one else requested to be heard and the public hearing was closed. City of Seward, Alaska August 1, 2006 Planning Commission Minutes Volume 6, Page 81 Motion (Anderson/Strobel) Approve Resolution 2006-16 Hohl noted the Comprehensive Plan acted as the long range policy guide for the development of the City of Seward. She clarified requiring zoning decisions to be in accord with the Comprehensive Plan helped to guard against prejudice, arbitrary decision making and improper motives. Hohl noted that there were many references in the Plan to encourage in-fill and there were many lots already zoned AC available for development. HohI also stressed the references in the Comprehensive Plan that encouraged residential development within City Limits. She noted the request before the Commission was not in compliance with the Comprehensive Plan. HohI stated there had been many public meetings on this area and the public's desire was for Second A venue to be zoned residential. Keil noted it was important to have a buffer between the zoning areas. Strobel stated her frustration and confusion with the Land Use Plan Map and the current Zoning Map not matching. She felt Single Family Residential (RI) was completely inappropriate for the lots in question because of the uses on the surrounding property. Strobel supported the Tougas- Clark rezone request. Anderson noted the Ambulance Corp building was originally a propane storage facility. Anderson supported the Tougas-Clark rezone request. Roach' stated that as a Commission they were bound by the Land Use Plan and the wishes of the community. Both clearly documented this area should remain residential. Roach' had received a compliment from a visitor on how well planned Seward was. She stated the Ambulance Corp had received complaints from residents in the home owned by Mr. Clark due to the Ambulance lights. She reminded the Commission that the Auto Commercial zoning district allowed many uses not compatible with a residential district. Smith stated that Lot 7 was actually adjoining D Street which was not residential in nature. He had concerns with Lots 8 and 9 that were solely on Second A venue, since Second A venue was residential in nature. Motion (HohllRoach') Amend Resolution 2006-16 and corresponding Ordinance to change Lot 7A, Block 17, Federal Addition, Clark- Tougas Preliminary Replat from Signal Family Residential (Rl) to Auto Commercial (AC) HohI noted that the Hospital was surrounded by residential homes similar to this situation with the Ambulance Corp. HohI noted that once the zoning was changed all the uses allowed by AC would be allowed at this lot, but noted the need for buffering from the ambulance lights. City of Seward, Alaska August 1, 2006 Planning Commission Minutes Volume 6, Page 82 Anderson discussed the residential homes impacted by A VTEC. Anderson spoke in support of rezoning all three lots. HoW noted that the community didn't want further impacts even as they acknowledged the impacts already part of the community. Keil felt the area was not desirable as residential. Motion Failed Yes: Roach', Hohl, Smith No: Anderson, Strobel, Keil Keil spoke in favor of rezoning the two lots. HoW stated she could not vote in favor of the rezone because it was contrary to the Comprehensive Plan. She noted there were many lots zoned AC that could be developed and promoted as in-fill, as was supported in the Comprehensive Plan. She noted Seward needed more residential land. Roach' noted this rezone was not consistent with the Comprehensive Plan. She stated she could not support the rezone as written. Keil felt no one would ever develop this lot as residential and supported development for Seward. She noted there were many residential lots being developed within Seward. Strobel agreed with Keil that this lot was not desirable as a residential property. She supported zoning this lot Auto Commercial because it made more sense in context with the surroundings. Roach' asked the Commission to consider if they were bound by the Land Use Plan. Keil noted that the Land Use Plan was a document that could be amended. In response to Strobel, Hohl noted that the Land Use Plan was set by the Commission and the community and the Zoning Map was changed over time to match the Land Use Plan. Hohl noted that in the past the residents of Second Avenue had fined the Council Chambers to insure this area remained residential. Motion (HohllKeil) Amend Resolution 2006-16 and corresponding Ordinance to rezone Lot 7 A, Block 17, Federal Addition, Clark-Tougas Preliminary Replat from Signal Family Residential (Rl) to Auto Commercial (AC) and rezone Lot 9A, Block 17, Federal City of Seward, Alaska August 1, 2006 Planning Commission Minutes Volume 6, Page 83 Addition Clark-Tougas Preliminary Replat from Signal Family Residential (Rl) to Two Family Residential (R2) Motion Passed Yes: Smith, Roach', Hohl, Keil No: Anderson, Strobel Main Motion Passed Unanimous Commissioner Clark returned to the dais. Resolution 2006-18, granting Ronald Fike a variance from Seward City Code Chapter 15.25 Floodplain Management to construct an aircraft hanger on Lot 8, Block 200 Seward Airport Terry referred the Commission to the agenda statement in the Commission's packet. She noted that the State Flood Administration Office reviewed and approved the information contained in the resolution. Terry stated that Acting Planner Donna Glenz had worked closely with the State office in writing this resolution. Keil questioned the legitimacy of this lot being categorized as in a floodplain. Anderson noted that the airport was impacted by the Tsunami in 1964. She couldn't verifY if this area had been subsequently impacted by flooding. Hohl appreciated the FIRM map being included. Commission recessed from 8:45pm to 9pm to allow staff to obtain a previous variance for the Commission to compare to the current variance. Keil reviewed the differences in the two variances. Notice of public hearing being 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 (Roach'/Smith) Approve Resolution 2006-18 Hohl noted flood plain variances were necessary to even build a dock because of FEMA requirements. Keil noted the resolution was very well done and prepared by staff. Motion Passed Unanimous Unfinished Business - None City of Seward, Alaska August 1, 2006 Planning Commission Minutes Volume 6, Page 84 New Business - Select Topic for August 15, 2006 Work Session HoW asked if staff could remind Commissioners of work sessions during the summer months. In response to Strobel, Terry requested the Commission set for their August 15th Work Session the opportunity for City staff to present for Commission review the proposed Long Term Care Center Conditional Use Permit. The Commission set the August 15th, 2006 Work Session as the Long Term Care Center Conditional Use Permit. Informational Items and Reports- (No action required) Response to Political Sign Letter from Sean Parnell and Political Sign Limitations Anderson stated she would suggest a code revision to change the sign posting requirement from 30 days prior to the election to the election filing date deadline. Keil noted her support, but stressed the need to retain the requirement of taking the signs down at the close of the election. Strobel concurred with Keil. Commission discussed Political Sign Code change and also tightening enforcement. HoW commended Parnell for his response to the Commission's letter. Keil noted the Commission's desire to have this Code change on the Commission's agenda in the next few months. Land Parcels in a GIS: Truths and Fallacies Commission Comments Anderson stated she had no comments at this time. Hohl stated she had no comments at this time. Smith stated he had no comments at this time. City of Seward, Alaska August 1, 2006 Planning Commission Minutes Volume 6, Page 85 Roach' stated she had heard many positive comments on how the community was developed and noted this was a reflection of the Commission's hard work and thoughtful deliberation. Strobel stated she had no comments at this time. Clark stated he wanted to share information regarding his rezone during the public hearing. He stated he had been planning his property based on the Land Use Map given to him. Clark stated it wasn't until the financial institution where he had gone to refinance, told him it was zoned R1 and would only appraise the main house correctly giving him only partial credit for the second home as an accessory building. He was frustrated that only then he was told how the Land Use Map and Zoning Map were used. Clark stated it made more common sense to have the Land Use Plan adopted by Council be the actual Zoning Map. He noted he worked with Tom Tougas and implemented the rezone request to match his, rather then obtain approval of 51% of the neighborhood to rezone his property R2. He questioned if this rezone would be allowed. Smith asked for staff clarification if it was a Code requirement to obtain neighbor signatures when the property owner was trying to conform to the underlying Land Use Plan. Administration Comments - None Citizens' Comments - None Commissions and Administration Response to Citizens' Comments _ Clark was surprised that the staffwas not in support of the Tougas-Clark rezone. He noted he would be looking for staff justifications on why they would support the rezone of the property in Forest Acres for the Long Term Care Facility. Strobel noted that with her many years in the health care field she understood the need for consistency in requirements. She noted that the Planning and Zoning Commission had always done a good job with consistency and she had seen great strides taken by Council to improve in this area. Keil agreed with Strobel and noted the importance ofleadership and accountability. Smith wanted to address the issue of conflict of interest and felt that the requirements put the Commissioners at a disadvantage. Hohl noted section Seward City Code Section 15.01.035 (a) (3) and confirmed that the Commissions decision with regards to tonight's rezone was legitimate. Keil stressed the need for conflict of interest policy set by the Council rather then set by Administration. City of Seward, Alaska August 1, 2006 Planning Commission Minutes Volume 6, Page 86 HoW noted she appreciated administrative advice. Keil concurred but reiterated the need for policy to be set by Council. Clark expressed his irritation on having to educate City staff on the Seward City Code. Keil wanted to have each citizen treated with special consideration on their requests. HoW suggested a rezone packet patterned after the building permit packet. Anderson noted that many requests could be handled by Conditional Use Permit and each citizen should be given all their options up front. Commissioners advocated for a culture shift to a more helpful atmosphere. (City Seal) ",,,II''',,, ~" Or Sl:~'###. ~.. ~"""....."..... ~^"~'4': ~ ,.~~.. OJlt..!.:"1'A '.0 ... " ._ ~ ""'..t\.a. V __ ~.. 'a-. ~ : ;--- -- \: - . SEAL . - :e: :e: - . . - -:.. \ .....- ! = ~ -'.t,I; ."l ~ '-'; ~X"~~! 1 \?>.,~;- ## '-1)01)0 .....1... f},.t:.:J .... ###tr ~ OF p..v ~,...." "'''"',,,, City of Seward, Alaska September 5, 2006 Planning Commission Minutes Volume 6, Page 87 Call to order ..... The September 5, 2006 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Chair Marianna Keil. Opening Ceremony Commissioner Smith led the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil presiding, and Margaret Anderson Kevin Clark Sandie Roach' Kay Strobel Lynn Hohl Tom Smith comprising a quorum of the Commission; and ... Clark Corbridge, City Manager Scott Williams, Planner Donna Glenz, Acting Planner Maggie Wilkins, Assistant Planner Christy Terry, Executive Liaison Absent: None City Administration Report Glenz reported on the following items: -- · Introduced new Planner Scott Williams. · Noted Council Work Session on Planning and Permitting scheduled for September 14th. · The Borough Platting Commission failed to approve the replat of the Mary Lowell Center. · Noted the Ambulance Barn on Second Avenue and D Street had obtained a Conditional Use Permit to operate at their current location. · Glenz clarified code requirements surrounding rezones that brought parcels into conformance with the Land Use Plan. . Glenz reminded the Commission about their Special Meetings on September Ith and 19th both at 6:30 pm. . Thanked Kay Strobel for all her hard work. · Noted one application for the vacancy of Strobel's seat and this applicant would be before Council at their next regular meeting. City of Seward, Alaska September 5, 2006 Planning Commission Minutes Volume 6, Page 88 Terry reported attorney correspondence confirmed staff correctly moving forward with Ordinance 2006-07 containing the title language from the current Seward City Code. City Attorney did allow Council's title amendment because the section of the Code was clearly identified even though they did incorrectly amend the section of the ordinance citing the current city code language. ..J Keil requested staff report on the particulars of a public utility easement including; uses permitted, uses not permitted, public access on these easements and the vacation process. In response to Anderson, Glenz noted that Planner Scott Williams was Planner Malcolm Brown's temporary replacement and Assistant Planner Maggie Wilkins was a temporary hire. Glenz clarified there was a proposal for additional staff in the budget recommended by Admisitration going forward to Council. In response to Clark, staff noted the Kenai Peninsula Borough Plat Committee had few actual findings of fact. Smith requested these findings be distributed to the Commission. 200712008 Legislative Boards and Commissions Biennial Operating Budget Presentation - Finance Director Kris Erchinger Finance Director Kris Erchinger reviewed the Boards and Commissions' budget. I I .....J HoW expressed concerns with how the staff time was allocated including noting that the Planner and Community Development Director had no time allocated to Historic Preservation. Erchinger explained it was difficult to allocate a percentage of the positions that were exempt. These activities would fall under the general scope of an exempt employee's position. Smith supported Administration's estimates. In response to Keil' s questions, Erchinger noted the budget increases between the 2007 and 2008 budget was due to anticipated increases in health insurance, workers compensation insurance, PERS debt and other insurance increases. Roach' asked where the increase enforcement administration cost would be reflected, and Erchinger reported it was part of the Community Development budget. Roach' felt there should be a line item for food to be provided at the Comprehensive Plan Community Meetings to encourage more citizens to attend. In response to Keil, Erchinger stated attorney fees were covered elsewhere in the budget. HoW requested City staff provide job descriptions for the Community Development .... Department to assist the Commission with their examination of the Boards and Commissions budget. City of Seward, Alaska September 5, 2006 Planning Commission Minutes Volume 6, Page 89 .... KPB Planning Commission Report by Lynn Hohl Hohl provided a lay down for the Commission's review. Other Reports, Announcements and Presentations Liaison from Seward Bear Creek Flood Service Area Board - Not in attendance. Citizens' Comments on Any Subject except Those Items Scheduled For Public Hearing - Approval of Agenda and Consent Agenda Scott Egger, inside City Limits, felt there was a huge difference between a utility easement on private property and a utility easement on public property. He noted the easement in Clearview Subdivision was not on public property. Egger noted he would discuss the issue with the new Planner. Dale Hoogland, inside City Limits, stressed the importance of providing adequate ingress and egress for the Forest Acres Subdivision. He stated road improvements were needed in the area. Motion (SmithIHohl) Approve the Agenda and Consent Agenda ..... Motion Passed Unanimous The Executive Liaison read the following items approved under the Consent Agenda: The July 6, 2006 Regular Meeting Minutes. Resolution 2006-21 recommending Kenai Peninsula Borough approval ofthe preliminary plat for Seward Original Townsite, NPRHA replat, a subdivision of Lots 4-7, Original Townsite of Seward. New Business requiring a Public Hearing Resolution 2006-19, recommending Kenai Peninsula Borough approval of the Forest Acres Tract A, Seward Long Term Care Facility Subdivision; A Replat of Lots CL, CM, eN, CO, CH, CJ, CK, A W, A V, AX, A Y, AZ and BA Forest Acres Subdivision; and Lots BD1, BD2, BC1, BC2, CA1, CA2, CP1, CP2, 15, 16, 17, 18, 19,20 and 21 Forest Acres Afognak Addition. Glenz gave the administrative overview. She clarified this 27.5 acre platting action vacated all interior lot lines, undeveloped utility easements and rights-of-way creating a single parcel named Tract A. Glenz noted that along the Western side of Maple Street an additional right-of-way was __ dedicated in this platting action to create a 50 (fifty) foot right of way. Glenz clarified this contiguous parcel would be large enough to accommodate the new community Long Term Care City of Seward, Alaska September 5, 2006 Planning Commission Minutes Volume 6, Page 90 Facility. Glenz noted City of Seward Project Manager Tom Shepard, Architects Alaska's Mark Kneedler, and Enterprise Engineering's Michael Frison were available in the audience for questions. Staff recommended approval of Resolution 2006-19. ~ I ....i Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Dale Hoogland, inside City Limits, referred to the current subdivision plat and noted there were platted rights-of-way that would address potential future needs. Hoogland demonstrated the path of the platted Mognak Avenue right-of-way. He suggested angling the right-of-way towards the levee to connect up with the levee right-of-way. Hoogland noted the importance of not dissecting the property because of the project, but voiced concerns about future access when the area was more developed. He felt the City's proposal to continue Mognak Avenue using the proposed hard turns interrupted the flow of future traffic. Hoogland preferred a gradual S turn. Tom Shepard, City of Seward Project Engineer, noted the rights-of-way being vacated by the replat were intended to service lots no longer in existence once the replat was approved. He stated the administration did examine Mognak A venue after the CUP Planning and Zoning Commission Work Session held on August 15th. Shepard agreed with Hoogland that the levee right-of-way could be utilized, but had concerns about dissecting the property. Shepard also noted neighborhood concerns with speed and clarified that sharp turns would help slow traffic. Shepard stated there would be major impacts to the property if Afognak Avenue was extended straight through because of .~ elevation differences. ..J In response to Keil, Shepard stated that this project would not negate any future plans to provide upgraded access for Forest Acres. In response to Smith, Shepard clarified the rights-of-way would be taken from City property. In response to Hohl, Shepard stated that a'S sweep' of Afogank A venue was not viable because the future expansion of adding more homes would be impacted. In response to further questions from Hohl, Michael Frison stated that the Eastern portion of the subdivision was less developable due to poor soil. He noted that the architects used this area as a natural buffer for the neighborhood. Mark Kneedler further clarified that a shelf developed on the Eastern portion of this property during the 1964 earthquake and this corresponded with the poorer soils. Hohl questioned the levee's ability to withstand an earthquake and noted her concerns for future access for the hospital proposed at this site. Shepard noted that the levee would have the same design requirements as a road, but would have additional height. In response to further questions from Hohl, Kneedler clarified a nice easy curved road tended to increase vehicle speed, while requiring a stop provided time for the driver to make a judgment call ... and helped slow traffic down in a residential neighborhood. City of Seward, Alaska September 5, 2006 Planning Commission Minutes Volume 6, Page 91 ..... No one else requested to be heard and the public hearing was closed. Motion (Smith/Anderson) Approve Resolution 2006-19 In response to Hohl, Glenz noted the replat vacated all interior lot lines, undeveloped rights- of-way, and all undeveloped utility easements. She clarified a separate vacation for Afognak Avenue was not necessary because Afognak Avenue was an undeveloped right-of-way. Roach' supported retaining the Afognak Avenue access and confirmed that in her experience hard turns did slow down traffic. The Chair received Unanimous Consent to suspend the rules and allow additional Public Comment. Hoogland felt it was wrong to build a road on the levee and suggested building a road next to the levee. In response to Roach' , Shepard noted the approach was in place and grade was not a concern with the route they were proposing for Afognak Avenue. In response to Smith, Shepard stated Ash Street and Dimond Boulevard had a comparable elevation to the levee. ..... Kneedler clarified the elevation from the intersection at Ash Street and Afognak Avenue to the intersection of Ash Street and the levee was 20 feet over a 300 foot span. This equated to less then a 10% grade and roads were comfortably built at 15%. Hohl questioned if emergency vehicles would have to go further around to access the hospital if the road was built on the levee. She received an answer in the affIrmative. Kneedler stated it was important to insure there was a primary access point for the hospital. He noted there should be alternative access for staff and deliveries, but explained emergency traffIc should be focused into one access point. In response to Hohl, Kneedler stated the hospital could be accessed from Maple, Ash or Cottonwood Streets if the Highway was impacted during an emergency. Strobel stressed her desire to have a stop sign at Cottonwood Street and Afognak A venue on Afognak Avenue, and another stop sign on Cottonwood Street toward the facility. Motion to Amend (Hohl/Anderson) Amend Resolution 2006-19 by adding a new Condition #5 to Section 1. "Maple and Cottonwood Streets be dedicated to a width of sixty (60) feet in accordance with Kenai Peninsula Borough Code." ...... City of Seward, Alaska September 5, 2006 Planning Commission Minutes Volume 6, Page 92 Hohl noted the majority of streets in Seward were sixty feet and these wider streets were necessary to provide space for kids, cars, snow, and ditches. 'l J Keil stated a training video reviewed by the Commission stated wider streets encouraged faster traffic. Hohl felt this was only true with streets approaching a hundred foot right-of-way. She stated the Commission was not treating the residents of this neighborhood correctly if they didn't take this opportunity to designate the needed right-of-way. Roach' concurred with Hohl and noted institutions should have a sixty foot right-of-way. Smith felt a sixty foot right-of-way was needed for routes used in transit, but that forty feet in a residential district would help slow traffIc. He stated Seward needed to examine their main traffic arteries and work on designating appropriate right-of-way requirements for all the roads in Seward. Smith stated the Commission had to decide on easement disagreements more than what should be necessary . Roach' expanded on her support of the amendment citing the residential nature of the area in which an this institutional zone was being placed. She stated that sixty feet was needed to open up the visibility because kids and cars didn't mix. I ! .~ In response to Anderson, Hohl clarified that the minimum Kenai Peninsula Borough Code ..... was sixty feet, but that the Borough could accept the Commission's recommendation for fifty feet. Motion Passed Unanimous Motion to Amend (Hohl/Roach') Amend Resolution 2006-19 by adding a new eondition #6 to Section 1. "Vacation of Afognak Avenue be subject to dedication of equal or superior North South access in accordance with Kenai Peninsula Borough Code. " Hohl stated Kenai Peninsula Borough Code required superior or equal access when a road was vacated. In response to Commissioners' questions regarding the need to provide equal or superior access for the other undeveloped rights-of-way being vacated, Hohl stated those were interior access streets unlike Afognak A venue which had the potential to connect to Dora Way and provide the North-South emergency access route specified in the Comprehensive Plan. Glenz noted currently there were no platted rights-of-way from Afognak A venue to Dora Way. Glenz clarified required equal or superior access was provided by increasing the right-of-way ..... City of Seward, Alaska September 5, 2006 Planning Commission Minutes Volume 6, Page 93 on Maple Street and Cottonwood Street. She further explained the undeveloped Afognak Avenue ..... right-of-way being vacated by the Commission actually dead ended in the middle of the lot. Hohl noted the Borough required future roads be considered when rights-of-way were dedicated or vacated. She was concerned with the fissures throughout Forest Acres and questioned if the route from the East would remain during an earthquake. Hohl stressed the community needed access on the West side of the property in case of an emergency. Smith validated the concerns regarding what would happen for future development. He clarified he wanted to see the City commit to expanding the infrastructure in anticipation of future development. Strobel concurred with Smith. Smith wanted to see these access issues addressed with future funding requests to plan and upgrade needed infrastructure. Hohl stressed the importance of proactively dedicating a needed route with this plat approval. Clark concurred with the need to show dedicated access on the plat that could include suggestions by the City staff. ..... Hohl agreed and stated her intent was that this access didn't need to be developed right now. Motion to Amend Passed Unanimous Main Motion Passed As Amended Unanimous The Planning and Zoning Commission took a ten minute recess starting at 9: 15. Resolution 2006-20 recommending City Council approval of amending the Land Use Plan and rezoning of Forest Acres Tract A, Seward Long Term Care Facility Subdivision (Preliminary Plat). Glenz supported approval of Resolution 2006-20 and noted this rezone was supported by the Comprehensive Plan and the Strategic Plan in regards to the community's health care needs. In response to Hohl, Keil stated the less developable land on this plat wasn't being rezoned as Park because a rezone of this nature could be used for bartering in the future for the Forest Acres Levee. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. -- City of Seward, Alaska September 5, 2006 Planning Commission Minutes Volume 6, Page 94 Dale Hoogland, inside City Limits, initially assumed that only the lots North of Cottonwood Street would be rezoned Institutional. He felt the lots South of Cottonwood Street should remain Rural Residential. Hoogland feared the future expansion of the Long Term Care Facility would damage the integrity of the Rural Residential flavor of the neighborhood. He felt the lots South of Cottonwood Street would be accessed via Ash Street which was only a forty foot right-of-way. ;~ i ... Tom Shepard, City of Seward Project Engineer, noted that the philosophy of the Greenhouse Project was to bring these homes into residential neighborhoods to create a home atmosphere for the residents during the last part of their lives. He noted the Greenhouse units resembled first class homes and would add value to the neighborhood. Shepard clarified there was no reason to keep the zoning in this area Rural Residential because the project would be a benefit that complimented the neighborhood. Mark Kneedler, Architects Alaska, explained there would be less density with the proposed project then if all the Rural Residential lots were developed as single family homes. No one else requested to be heard and the public hearing was closed. Motion (Roach'/Smith) Approve Resolution 2006-20 Roach' also had concerns changing zoning from Rural Residential to Institutional because once the rezone was in place all Institutional uses would be allowed. She noted that the quality of ~ life would not be adversely affected for the neighbors with this project because of the caliber of the J proposed Greenhouse project. Hohl discussed a news story that she heard broadcasted over NPR regarding the Anchorage Assembly requiring a Wal-Mart's rezone request in the Muldoon Area be subject to certain special limitations. Motion to Amend (Hohl/Roach') Amend Resolution 2006-20 by adding a new Section 3 to the proposed Ordinance stating, "Section 3. The land use designation change and zoning map amendment described in Sections 1 and 2 is subject to the following special limitation: A 100 foot low density residential buffer be maintained along Tract A adjacent to Rural Residential areas." Hohl noted she went on-line and obtained the additional section that Anchorage Code had to allow these special limitations. She believed that Seward City Code didn't specifically disallow placing special limitations on rezones. ..... City of Seward, Alaska September 5, 2006 Planning Commission Minutes Volume 6, Page 95 Strobel expressed community concerns with the cost of this project. She spoke in favor of .... the proposed special limitation. Glenz suggested this issue be addressed during the Conditional Use Permit process during the Special Meeting on September 12th, 2006. Hohl clarified her intent was that the restriction follow the specific piece of property not just the project and stated this was the practice in Anchorage. Her concern was if this project didn't move forward, then other uses allowed outright in the Institutional Zoning District could be built without the Planning and Zoning Commission's review. Keil spoke in opposition to the amendment. Smith supported the amendment because he wanted to insure the project layout did not deviate from what was proposed. Roach' felt an obligation to protect the citizens of Seward. She spoke in support of the amendment. Hohl noted future plans may be compatible with the Greenhouse concept but not with the neighborhood. ..... Roach' cited the Comprehensive Plan's intent for more residential housing within City Limits. She also noted the Land Use Plan's intent for this area to be Rural Residential and stressed the need to protect this intent. Glenz reiterated performing this action during the Conditional Use Permit process. Keil was inclined to agree with administration. Anderson spoke in opposition to the amendment. She stated the project already was designated as the Seward Long Term Care Facility, and this motion was making the process too complicated. Roach' felt the project designation of Seward Long Term Care Facility could mean anything, she wanted to insure the homeowners in the neighborhood were protected from any negative impact. Keil stated she heard a distinct lack of trust from the Commission that the Administration would follow through with this project for the benefit of Seward. Roach' clarified that on her part it wasn't a lack of trust, rather it was her experience that sometimes budget constraints changed plans. ...... Strobel noted future plans change and the issue at hand needed to be addressed either during this process or the Conditional Use Permit process. City of Seward, Alaska September 5, 2006 Planning Commission Minutes Volume 6, Page 96 Smith agreed with the importance of the motion, but suggested addressing this issue under the Conditional Use Permit process which would also allow the Commission to develop their thought process and solidify the exact restriction they wanted to impose. t I lIIIIIIIII Anderson felt this amendment was beyond the scope of what was in the Planning and Zoning Commission's purview. She noted that if a Planning and Zoning Commissioner wanted to speak to Council and propose this limitation then that was their right as a public citizen. Roach' stated the Commission was breaking new ground using Anchorage's excellent example. She requested Hohl withdraw her motion and allow the Commission to address this concern under the Conditional Use Permit Process. Hohl feared that this rezone was in place even if the Conditional Use Permit was never issued. She noted that this was just a recommendation to Council. Hohl wanted the Commission's records to show that this was a concern. Motion to Amend Passed Yes: Roach', Hohl, Clark, Strobel No: Anderson, Smith, Keil Main Motion Passed as Amended Unanimous Unf'mished Business - None ....I New Business - Discussion and Recommendations to Administration regarding the 2007/2008 Legislative Boards and Commissions Biennial Operating Budget. Hohl and Anderson requested job descriptions be distributed to the Commission. Boardwalk Sign Information . Hohl referred the Commission to her lay down response to administration's response. Keil stated the City was required to comply with City Code. Roach' noted there have been times where the Boardwalk temporary sign was empty. Anderson had studied the information provided by administration and felt special event temporary signs were allowed under the Code. Hohl agreed special event banners were allowed under the code but disagreed with the use of the new temporary sign with removable letters and felt this should be classified as a reader board ..... sign under Seward City Code. City of Seward, Alaska September 5, 2006 Planning Commission Minutes Volume 6, Page 97 .... After discussion, the Commission agreed to expand their work session on September 19th after the Special Meeting to include other signs in the Sign Code. Special Meeting September 12, 2006 Hohl requested a quorum be verified. Glenz reported that five Commissioners had confirmed their attendance and there could be six if Council appointed a citizen to fill the vacated seat, providing person was able to attend. Keil noted a quorum was queried at the Long Term Care Facility CUP work session on August 15,2006. Community Values Meeting Smith stated that it was important to not just schedule the meeting, but to make sure the Commission was organized and some forethought and preparation had been done. He noted a work session should be held prior to the community meeting. Williams suggested the community meeting would be complimented by utilizing data compiled by the VISTA community surveys. ..... Anderson suggested the Commission address this community meeting in October. After Commission discussion, Keil articulated the Commission's desire to postpone the meeting in order to utilize the community survey data. Work session subject Glenz noted staff had planned the Special Meeting on September 19th based on Commission's previous motion to schedule a Special Meeting in lieu of a Work Session if there was a public hearing item brought forward by the public. After Commission discussion, Keil expressed the Commission's wishes to hold Work Session's after any Special Meeting that was set for the Third Tuesday of the month. Ifno Special Meeting was set, then these would remain Work Sessions. Keil stated there would be a Work Session following the September 19th Special Meeting and the title would be, "Review of Political Signs and Other Signs in the Seward City Code." Informational Items and Reports- (No action required) -- Notice of September 19, 2006 Special Meeting City of Seward, Alaska September 5, 2006 Planning Commission Minutes Volume 6, Page 98 Commission Comments ...i Anderson wished Strobel well and stated it was a pleasure serving with her on the Commission. Hohl concurred with Anderson's comments and stated the Administration could cancel her subscription to AP A since she received the publication through her service with the Kenai Peninsula Borough. Strobel stated she had enjoyed her last year serving on the Commission. She thanked Seward for their support and stated she depended on the Commission to email her on future developments. Smith thanked Strobel for her service. Roach' welcomed the new Planner Scott Williams. She thanked Strobel for her service. Roach' noted that the rezone in Forest Acres was personally difficult for her when she reflected on the limited tax base within Seward. Keil noted her enjoyment with having Strobel on the Commission. Citizens' Comments- Polly Egger, inside City Limits, thanked Strobel for her service. J Commissions and Administration Response to Citizens' Comments - None. C 'sty Te Executive laison (City Seal ~"'IIIII',,,#. ~",~ Of SEI1t., ~#,#. ~ ,,~ ......... 'AlA ~#. ~ C}~.....~O~.:?'() ~ ~.. ~...-:. ~ :-.;; - () . III . : ~ - :.~. SEAL ie: .. . - . I - ~ -.-:- ~ ~... ~ , ~,. 1 \,~.r..:i!l' $ ~<< ......a..: ...fi16..~ ~"<t OF ,..~~,,',. ~-".n."'~ .... City of Seward, Alaska September 12, 2006 Planning Commission Minutes Volume 6, Page 99 ..... Call to order The September 12,2006 special meeting of the Seward Planning & Zoning Commission was called to order at 6:30 p.m. by Chair Marianna Keil. Opening Ceremony Commissioner Roach' led the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil presiding, and Kevin Clark Sandie Roach' Bob Hicks Lynn Hohl Tom Smith comprising a quorum of the Commission; and ..... Clark Corbridge, City Manager Scott Williams, Planner Donna Glenz, Acting Planner Maggie Wilkins, Assistant Planner Christy Terry, Executive Liaison Absent was: Margaret Anderson City Administration Report Glenz reported on the following items: · Introduced and welcomed new Planning Commissioner Bob Hicks. · The budget calendar was emailed to all the Commissioners. · Requested job descriptions were provided as a lay down at tonight's meeting. · Special Meeting on Resolution 2006-23, granting a Conditional Use Permit to Metco Inc. for GravellResource Extraction was scheduled for September 19th at 6:30 pm, with a work session on Seward's Sign Code to follow. Other Reports, Announcements and Presentations - None. .... Citizens' Comments on Any Subject except Those Items Scheduled For Public Hearing - None. City of Seward, Alaska September 12, 2006 Planning Commission Minutes Volume 6, Page 100 Approval of Agenda ? J) '_Ii i ..... Motion (SmithlHohl) Approve the Agenda Motion Passed Unanimous New Business Items requiring a Public Hearing Resolution 2006-22, granting a Conditional Use Permit to the City of Seward to construct and manage the operation ofthe Long Term Care Facility on Forest Acres Tract A, Seward Long Term Care Facility Subdivision, Forest Acres Addition (preliminary plat), in the Institutional Zoning District (Substitute) Acting Planner Donna Glenz stated this Conditional Use Permit was to allow the City of Seward to construct and manage the operation of the Long Term Care Facility. Glenz reminded the Commission that the current zoning was Rural Residential and Resource Management, but the Commission had recommended Council rezone the parcel to Institutional on September 5, 2006. In compliance with the proposed Institutional Zoning, the Long Term Care Facility was an allowed use with a Conditional Use Permit. Glenz clarified the substitute resolution corrected the seventh Whereas clause where the Council Resolutions of support were initially incorrectly numbered. Glenz informed the Commission that Project Engineer Tom Shepard and Enterprise Engineering's Mike Frison were both available to answer questions. -- In response to Roach', Glenz stated the entire tract, except for a small portion in the far corner, was located out of the FEMA defined flood zone. Hohl asked Project Engineer Tom Shepard if the Administration had done further research on re-routing Afognak A venue to provide access. Shepard outlined coinciding the additional North-South access with the existing levee and utilizing the widened Maple Street right-of-way. In response to Hohl, the Administration's position was equal and superior access was provided with the widening of the Maple Street right-of-way. In response to Hicks, City Manager Clark Corbridge stated the City was in the process of applying for bonds to finance this facility. Hicks stated the Planning and Zoning Commission had only the authority to grant a Conditional Use Permit if the property was zoned Institutional. In order to provide for a smooth process at the Bond Bank, he suggested making the proposed Conditional Use Permit effective after the effective date of the rezone. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. J City of Seward, Alaska September 12, 2006 Planning Commission Minutes Volume 6, Page 101 - Shepard outlined the project stressing the Green House model of a home like atmosphere intergraded into a neighborhood. No one else requested to be heard and the public hearing was closed. Motion (SmithIRoach') Approve Substitute Resolution 2006-22 Motion (Hicks/Smith) Change Section 4. to read, "This resolution shall take effect one (1) day after Council's approval of the Zoning Change to Institutional becomes effective" Motion Passed Unanimous Consent Motion (SmithIHohl) In the sixth Whereas replace 'homes' with 'facilities' Smith supported this change to insure future development was allowed on this site that would include structures other then homes. Motion Passed Unanimous Consent - Motion (Hohl/Smith) Add to the seventh Whereas the word 'concept' after 'final site layout' Motion Passed Unanimous Consent Motion (Roach' 1H0hl) Add a new Section 1. F. 2. "Bear safe trash containers shall be used on the premises" and renumber the following sections accordingly Motion Passed Unanimous Consent Hohl requested staff administratively correct typos in the second Whereas by capitalizing the 'z' in 'Zoning' and adding the's' to 'amendments'. By general consensus, the Commission considered these housekeeping corrections. Commission recessed from 6:55 pm to 7:00 pm for Administration to provide Planning and Zoning Commission Resolution 2006-20 and the applicable Ordinance. Motion (Hohl/Roach') Add to the second Whereas following Institutional Zoning, "subject to the following special limitation: a 100 foot low .... City of Seward, Alaska September 12, 2006 Planning Commission Minutes Volume 6, Page 102 density residential buffer be maintained I along Tract A adjacent to Rural .....J Residential areas" Motion Passed Unanimous Consent Roach' asked Glenz and Shepard to illustrate where the flood plain designation was located on Tract A. Glenz referred to the displayed maps and pointed out the North West corner close to the levee. She noted the FEMA maps were developed prior to the levee's placement. Roach' wanted to insure expansion was available on this site. She asked Shepard to discuss her concerns and the satellite photo of the site she obtained from the Kenai Peninsula Borough Web Site. Shepard explored these same concerns will Bill Nelson ofWm. J. Nelson and Associates who designed the levee. He stated the levee was developed, culvert capability was increase, and Dimond Boulevard was modified to insure this area would be protected from flooding events in the future. Shepard stated the FEMA maps had not been updated since these improvements had been put in place. ~ I l Glenz noted the FEMA maps were in the process of being revised. She stated the State Flood ...J Plain Administrator suggested waiting until the new maps were published to verify the need to submit a Letter of Map Revision. In response to Roach', Glenz confirmed this issue would not cause any delay for the project. Hohl asked staff to administratively correct the third Whereas to include the defmition in parentheses of 'Housing nursing, retirement, convalescent home' following 'Greenhouse facility.' By general consensus, the Commission considered this a housekeeping correction. Motion(Hohl/Clark) Strike 'truly residential in nature' from the third Whereas and replace with 'more similar to group care homes (maximum five residents plus staff) which are allowed outright in all residential zoning districts' Hohl wanted to provide clarification using a defined structure in Seward City Code. Keil stated that the additional wording administratively corrected by staff provided adequate clarification. Roach' was inclined to strike the word truly. J L L L City of Seward, Alaska September 12, 2006 Planning Commission Minutes Volume 6, Page 103 Hohl stated her intent was to illustrate the minimal impact to the neighborhood by comparing these facilities to group homes which are allowed in all residential districts. Hicks hesitated to assign a specific definition with precise language that did not match the proposed project. He expressed his concerns with allowing a legal ambiguity or glitch in the process. Hohl felt this was addressed in her motion with her preface of 'more similar to. ' Motion Failed Yes: Hohl No: Clark, Hicks, Keil, Roach', Smith Hohl asked staff to administratively strike 'truly' from the third Whereas. By general consensus, the Commission considered this a housekeeping correction. In response to Hohl, Father Emmanuel Williamson representing Providence, stated there were current plans to move the Home Health Office to the new facility. The Home Health OffIce consisted of two nurses who spent most of their time in the community providing home visits. He noted there was a future possibility of the Physical Therapy Department moving out to the facility. Roach' stressed the importance of alleviating impact to the area. Hohl suggested amending the sixth Whereas to include information regarding home health and physical therapy to insure the correct parking requirements were followed and the community was made aware that these departments were part of the project. Enterprise Engineering's Mike Frison stated there was ample space provided in the parking lot. Motion (Hohl) amend the sixth Whereas to include information regarding office space, home health and physical therapy. The motion died for lack of a second. Keil stated the public meetings had included information about what would be on this site. Hohl heard a mixed message at the public meeting she attended. Smith felt any proposed use at the facility would have to follow the Seward City Code. Roach' knew Providence would be expanding health care services at this area. Clark concurred with Roach' and noted phase two of the project was to relocate the hospital to this site. Motion (Hohl/Roach') Add to the sixth Whereas '(10 resident)' preceding 'homes' City of Seward, Alaska September 12, 2006 Planning Commission Minutes Volume 6, Page 106 Hohl spoke in support of this motion to assure connectivity to Forest Acres. J Shepard stated the section line easement was not being vacated at this time. Hohl suggested the section line easement should be vacated in order to mitigate any setback requirements. Shepard stated this issue had been researched and addressed. Keil asked if this route was ever platted to connect to Dora Way. Hohl stated a preliminary layout existed noting the route of the access. She stated there were dead end streets at either end which would be connected if Lechner or Lindsey ever replatted their parcels. She stressed designating this route prior to development. Frison stated there was ample opportunity in the future to record this access. Shepard noted there was major infrastructure needed prior to the hospital being relocated to this location. He cautioned against holding this project hostage until this infrastructure was in place. Roach' reminded the Administration that collocation with the hospital was the reason this project was consistent with the Comprehensive Plan. She feared more residential land would be J used to make this a reality. Shepard clarified his remarks were directed to this phase of the development. He stated the needed infrastructure would be developed prior to relocation of the hospital. Hohl stated it was important to piece the access together with every opportunity. Motion Failed Yes: Hohl, Roach' No: Clark, Hicks, Keil, Smith Motion (Hohl/Clark) New Section l.F item 3, "Maple street shall be developed to allow year round ingress and egress for tracker trailers from Dimond Boulevard to the Commons Building Motion Passed Unanimous Motion (Hohl/Roach') New Section 1. F. item 4, "Development within 100 (one hundred) feet of Afognak Avenue, Cottonwood and Maple Streets will be restricted to 10 (ten) resident homes J City of Seward, Alaska September 12, 2006 Planning Commission Minutes Volume 6, Page 107 .... effectively screening the more commercial uses ofthe remainder of the parcel from the Rural Residential areas of Forest Acres" Motion Passed Unanimous eonsent Commission took a five minute recess. Motion (Hohl/Roach) amend Section I.F.1 to read, "Modifications to the site plan shall be approved by the Commission prior to implementation, unless reviewed by Staff and considered minor in nature." Hohl stressed the importance of changes to the site plan returning to the Commission. Keil supported staff s responsibility to allow minor changes without Commission's approval. Hohl asked the Commission for ideas on how to address this issue. Smith stated the approved site plan would be the most recent site plan in place at the time of the Conditional Use Permit's approval by the Commission. He clarified major changes would need to come back before the Commission. ..... Hohl stated Section I.F .1. should be modified because the language did not clarify the difference between minor and major changes to the site plan. Glenz noted Section 1.F.I. and the original Section I.F.2 were a verbatim modification from the Commission to clarify the issued Conditional Use Permits. Williams noted these items were caveats to the approval and not conditions of the permit. Motion Was Withdrawn Williams suggested modifying the language for future Conditional Use Permits. Frison stated the site plan dated August 24,2006, located on page 9 for the Commission was the current site plan. Shepard noted this site plan was presented at the Conditional Use Permit Work Session. Commission discussed wording of a possible motion and debated the merits of' substantial' verses 'material.' Clark suggested clearly defining intent and terms. .... City of Seward, Alaska September 12, 2006 Planning Commission Minutes Volume 6, Page 108 Motion(SmithIRoach') amend Section l.F.1 to read, "Approval of this Conditional Use Permit is based on the applicant's proposal and plan submitted to this Commission as of September 12, 2006 any substantial changes or modifications to these plans and proposals are subject to further review and approval of the Commission." J it ;/ ..J Hohl thought there should be clarification regarding to whom the plans were submitted. Her intent was to clarify for the applicant the plan approved had to not only be submitted to staff, but be the plans reviewed by the Commission. Keil questioned if this change was necessary with the following section already in place. Hohl stated this modification clarified for applicants that they had to follow the issued Conditional Use Permit and also their Commission approved site plan. Roach' concurred with Keil' s suggestion that this already part of the Conditional Use Permit. Smith agreed, but felt the language needed clarification. Hicks cautioned against using broad language such as major or substantial. He worried Bond Council might have concerns in reviewing site plans with variations. Glenz clarified Section 1.F.l and 1.F.2 were developed by the Commission as their interpretation of Conditional Use Permit requirements in Code. She reminded the Commission that they developed this language to address the issues surrounding applicants returning with varying site plans. I I ..... Motion Was Withdrawn Motion (Hohl/Clark) New Section l.F. item 5, "Operation shall be consistent with 3.9.2.3 of the 2020 Comprehensive Plan preserving the quiet of residential neighborhoods requiring soundproofing of generators, air quality control units and other sources of noise in commercial or institutional zones adjacent to residential zones." Hohl supported the need for this amendment citing the CT Scanner at the Hospital as a noisy example. Shepard questioned if a helipad would be allowed under this restriction. Commission noted a helipad would require a separate Conditional Use Permit. J City of Seward, Alaska September 12, 2006 Planning Commission Minutes Volume 6, Page 109 .... Roach supported the amendment and noted there was a larger area in which to strategically locate uses. Smith stated noise levels were addressed in Seward City Code. He stated the amendment was extraneous and spoke in opposition. Motion Passed Yes: Roach', Hohl, elark, Hicks No: Keil, Smith Hohl noted the redundant language in Section 2 and asked that the last "subject to the above conditions" be stricken. Roach' requested a coma added to follow the first location of the language. By general consensus, the eommission considered this a housekeeping correction. Motion (Hohl) modify Section 2 by adding "assumptions" following "subject to the above." The motion died for lack of a second. Motion (Hohl/Roach') Amend the language in Section 3 from 'periodically' to 'annually.' .... Hohl supported annual review or at least bi-annual review of all the Conditional Use Permits issued by the Commission. This would insure the Conditional Use Permit uses were meeting the intent approved by the Commission. She felt 'periodically' was not specific language. Roach' supported striking 'periodically' and not replacing with a specific term. She stated any issues should be addressed on an on-going basis. Hohl noted Seward City Code required staff to investigate violations that were reported. She was advocating for staff to review all Conditional Use Permits on an annual basis even if no violations were reported. Smith felt this amendment would be more appropriate for Seward City Code and not a specific Conditional Use Permit. He supported striking 'periodically' without adding 'annually.' Motion (Smith) Amend the amendment to strike 'periodically' without adding 'annually' Roach' confirmed her support. Hicks noted the requirement was rendered useless when a reference to a specific interval was removed. He advocated for this change to take place with Council. Hicks also suggested periodically asking the Administration to perform reviews of the Conditional Use Permits issued. .... City of Seward, Alaska September 12, 2006 Planning Commission Minutes Volume 6, Page 110 Motion Failed Yes: Roach' No: Clark, Hicks, Smith, Hohl, Keil j ...J Hohl stated until the Council changed the Code, which they might never do, the Commission was still charged with the responsibility to insure the approved uses were still in place for each issued Conditional Use Permit. She stressed the need to implement a time certain for reviews. Hicks asked if the Commission was able to ask the staff for an update when they wanted to review a specific Conditional Use Permit. Hohl agreed but stated it placed the burden on the Commission to remember. Clark noted an absence of complaints would signify an absence of a problem. Hohl disagreed with Clark. Motion Failed Yes: Roach', Hohl No: Hicks, Smith, Clark, Keil Main Motion Passed Unanimous Unfinished Business - None 1 1 ..... New Business - None Informational Items and Reports- (No action required) Reminder: September 19, 2006 Special Meeting 6:30 PM and "Review of Political Signs and other Signs in Seward City Code Title 15" Work Session to follow. Commission Comments Hohl noted a review of the Conditional Use Permits was already on the priority list. Smith joked that the next time he discussed a Greenhouse there better be plants inside. Roach' welcomed Commissioner Hicks and noted the Commission's job was to examine the details of proposals. She thanked Hohl for her close examination of this Conditional Use Permit. Hicks looked forward to serving on the Commission and hoped he would make positive contributions. Keil also welcomed Commissioner Hicks to the Commission. She noted his first meeting was a complicated Conditional Use Permit and thanked him for his input. Keil mused it would be i\ .~ ..... City of Seward, Alaska September 12, 2006 Planning Commission Minutes Volume 6, Page 111 ..... appropriate to send Strobel a card for her hard work on the Commission, since Council only provides plaques after the completion of one full term. Administration Comments - Tom Shepard thanked the Commission for their involvement and hard work with this important Community project. Citizens' Comments - None. Commissions and Administration Response to Citizens' Comments - Keil thanked the City Administration for their patience, excellent preparation and presentations. Roach concurred with Keil' s comments. Clark thanked Shepard for his comments. ..... :~ /-/. C:~ .... 2anna Keil Chair (City Seal) \\~IIU""~,,. ,\ ""~ ...... ~I OF S12tt" ~,~~ .... ~"' .."..... ~ ":.yr ',. .:' r~ ...O..X\PO~:....: f.~ '". ~ 'V.v '''V'..v-:' ~ ...~~ ~..... ... :-...: --- "'.. ~ = . \ ~~ ....: S~AL :.....::: - . .a..:.I. -v.. IllS . : .(':1 : ~ -+- : ~ ~ -.. v, f'l, .: . It~~ '~ ~A'.'~"'e' 1 ,\9>. ,3",~ ...... ;";)'o~"."s... r-..c;.;,~.. ,_(~.., ~"'" -.;: OF ~\-r'.;/.-> I,,,, ."7,~~ w .U~".'.- - City of Seward, Alaska September 19, 2006 Planning Commission Minutes Volume 6, Page 112 Call to order j ..... The September 19,2006 special meeting of the Seward Planning & Zoning Commission was called to order at 6:30 p.m. by Chair Marianna Keil. Opening Ceremony Commissioner Hicks led the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil presiding, and Margaret Anderson Kevin Clark Sandie Roach' Bob Hicks Tom Smith comprising a quorum of the Commission; and Scott Williams, Planner Donna Glenz, Acting Planner Maggie Wilkins, Assistant Planner Christy Terry, Executive Liaison ...... Absent was: Lynn Hohl eity Administration Report - None. Other Reports, Announcements and Presentations - None. Citizens' Comments on Any Subject except Those Items Scheduled For Public Hearing - None. Approval of Agenda Motion (Smith/Clark) Approve the Agenda Motion Passed Unanimous The Executive Liaison read the following approved items on the consent agenda: September 5, 2006 Regular Meeting Minutes New Business Items requiring a Public Hearing ..... City of Seward, Alaska September 19, 2006 Planning Commission Minutes Volume 6, Page 113 .... Resolution 2006-23, granting a Conditional Use Permit to Metco for the Gravell Resource Extraction on an approximant 1 acre portion of Township 1 South, Range 1 West, Section 9, Seward Meridian; South West area of USS 703, in the Lowell Creek Canyon, within the Resource Management Zoning District Planner Scott Williams noted the purpose of the permit was to extract boulders and rock from Lowell Creek. He noted historically materials were extracted to prevent clogging of the Lowell Canyon Tunnel. Williams reviewed the staff report located in the Commission's packet and noted lay downs from the applicant and the Seward/Bear Creek Flood Service Board Chair. Williams explained the conditions listed in the Alaska Coastal Management Program Proposed Consistency Determination. He deferred to Public Works Director WC Casey for further explanation. Public Works Director WC Casey discussed the history of material extraction of Lowell Creek. He stated the City of Seward had extracted material in this area for a number of years in the past. Later, the City of Seward entered into an agreement with Metco Inc. for material extraction because of the level of damage to the tunnel. Casey stated the Corps of Engineers has refurbished the tunnel four times during Casey's tenure due to erosion and damage caused by material. He stated the Corps of Engineer's recommended the City proactively address the material extraction. Casey supported this Conditional Use Permit to assist with mitigation of the Lowell Creek Diversion Tunnel with proactive maintenance of the streambed. He noted there was a bridge, water infrastructure and major sewer infrastructure that would be damaged, and had be damaged in the ..... past, by large rocks exiting the tunnel. In response to Smith, Casey noted there was no consistent maintenance program for the stream bed above the tunnel. In response to Keil, Casey stated he did not agree with all of the statements made by th~ Seward/Bear Creek Flood Service Board. In response to Clark, Casey stated material extraction depended on operator availability and level of the water in the streambed. He understood Metco Inc. operated during the hours of8-5. In response to Hicks, Casey noted the 500 cubic yards annually, allowed by the CUP, was an estimate developed from Casey's historical observations. He noted this was based also on Metco Inc.' s desire to extract moving exposed rock. Roach' asked if the fine material in the water was causing erosion. Casey stated the fine material exposed the anvil topping and then the bigger boulders pounded the metal irons and worked them out of the tunnel. Roach' then asked what size of rock was removed from the tunnel. --- City of Seward, Alaska September 19, 2006 Planning Commission Minutes Volume 6, Page 114 Casey clarified Metco Inc. was only interested in 'two man rock' - the size of rock that would take two men to carry. ..... Roach' asked if these boulders were naturally recurring, and Casey responded in the affirmative. Anderson stated the past maintenance of the tunnel was crisis driven. She stated the failure of the infrastructure outlined by Casey would be a disaster for the community. Casey stated there were pieces of pipe left from the intake building located up the canyon. Carol Griswold, inside City Limits, clarified the intake building was located where the creek takes an abrupt bend off the site in question. In response to Smith, Casey stated the City was pursuing the Corps of Engineers regaining ownership of the tunnel. In further response to Smith, Casey noted the damage the large boulders cause to the tunnel was very concerning. Clark stated the Metco Inc. permit was a 'win-win' situation for the City because the City needs to have these boulders removed. Casey confIrmed Clark's statement. ..... Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Carol Griswold, inside City Limits, shared complaints she had received from neighbors regarding truck traffic. She understood that there were about 15 truck loads of various size material. Griswold noted she attended the site visit with DNR's Gary Williams and recommended the Commission include the final Department of Natural Resources determination letter dated September 13,2006 as part of the Conditional Use Permit. She stated the Flood Board also had three very good recommendations and recommended their adoption. Griswold advocated professional evaluation of the creek. Keil noted that Susan Brown, Project Review Coordinator with DNR, was a hydrologist. Sandy Wasillie, inside City Limits, stated she had lived on Lowell Canyon Road for over 27 years. She expressed concerns with accumulation extraction verses extraction affecting the streambed. Wasillie stressed protecting slope stability because she had witnessed landslides in the vicinity of the tunnel. She spoke in support of permit approval, but wanted to insure these concerns were addressed. No one else requested to be heard and the public hearing was closed. ...... City of Seward, Alaska September 19, 2006 Planning Commission Minutes Volume 6, Page 115 Motion (AndersonIRoach') Approve Resolution 2006-23 .... Anderson clarified with Williams the Conditional Use Permit filing fee was set by Council at $250.00. Hicks supported adopting the conditions specified by DNR. Williams noted the City Administration would agree with this amendment. Williams reiterated the Administration supported Commission approval of this Conditional Use Permit. He noted the two conditions suggested were the term of the permit and that the removal would be facilitated by the Public Works Director. Williams asked the Commission to rely on the expertise ofthe Public Works Director and directed the Commission's attention to the item noting quantities of extraction would be adjusted as needed. Motion (HickslRoach') Add condition 3 to read, "This permit is conditioned upon compliance with all alternative measures and conditions listed in the DNR Final Determination of September 13, 2006, adopted here by reference" .... Anderson felt this amendment was overkill and was an attempt to micro-manage the project. Roach' supported adoption of these conditions as part of the Conditional Use Permit. Hicks spoke in support of City staff's ability of monitor this project and did not intend for his amendment to suggest otherwise. He clarified his intent to provide these additional conditions in order to provide the Administration enforcement authority. Hicks also wanted to insure the extraction retained the same conditions throughout the City, State and Federal boundaries. Roach' supported this amendment in order to circumvent further delays that might be cause by compliance issues. In response to Keil, Glenz noted the Historic Preservation Commission did address this issue at a Special Meeting. The letter resulting from this meeting was included in the Planning and Zoning Commission's packet for this evening's meeting. Motion Passed Yes: Clark, Hicks, Smith, Roach', Keil No: Anderson Main Motion Passed Unanimous ..... Unfinished Business - None City of Seward, Alaska September 19, 2006 Planning Commission Minutes Volume 6, Page 116 New Business - None f ..." Informational Items and Reports- (No action required) Commission Comments Smith supported developing a plan to maintain and solve the problem of material mitigation. Anderson, since this was their first meeting together, welcomed Hicks to the Commission. Administration Comments - None. Citizens' Comments - None. Commissions and Administration Response to Citizens' Comments - N9ne. ~ (~:m.u. Keil -.- Chair ~ ~ ... (City Seal) \\,\U..II",,! ..,.\ Or s.r:-!<!# I,;. .... _I - q-',? v. ~ ~"' ........:....~l'\f..)) " $ (} ....c?-POr1.cj~... <) ~ ... .....CJ ~..... ... .~,. 'Q.'~ : ;~ --- .~ ~ .. " Si'7lAT .1:'1 : . : ~.t"J..U: 0 ~ -= \ : ,;; ~ \ -e- .. ,:;' ... (') ". vlI: 11,... ... ~ O}j,....'Iv~ 1 \~>....~r $' " ~J,..~....ol... r~S}., ,:~Y "I" ' OF f~\..;..,..'." "I, ".~." "IS a~Q,.t., r ..... City of Seward, Alaska October 5, 2006 Call to order Planning Commission Minutes Volume 6, Page 117 .... The October 5,2006 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Chair Marianna Keil. Opening eeremony Commissioner Anderson led the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil presiding, and Margaret Anderson Kevin Clark (7:35) Bob Hicks Lynn Hohl (7:32) Tom Smith comprising a quorum of the Commission; and Scott Williams, Planner Christy Terry, Executive Liaison .... Absent: Sandie Roach' City Administration Report Planner Scott Williams had no current items to report. KPB Planning Commission Report by Lynn Hohl- Hohl did not arrive until after this agenda item. Other Reports, Announcements and Presentations Liaison from Seward Bear Creek Flood Service Area Board - Not in attendance. eitizens' Comments on Any Subject except Those Items Scheduled For Public Hearing - Approval of Agenda and Consent Agenda Motion (AndersonIHohl) Approve the Agenda and Consent Agen~ Anderson added New Business Item D. Discussion with Planner Scott Williams. '-- Motion Passed Unanimous City of Seward, Alaska October 5, 2006 Unfinished Business - Planning Commission Minutes Volume 6, Page 118 j Discussion and Recommendations to Administration regarding the 2007 Legislative Boards ..... and Commissions Biennial Operating Budget. Anderson cited a major increase from FY2006 to FY2007 in personnel and noticed it created quite a jump for the overall subtotal for the Planning and Zoning Commission. Williams stated the increase was due to added positions in the Department, including a Community Development Director, and also a reflection of actual staff time providing support to the Commission. He noted this was the first time the budget was given to the Commission prior to its submission to Council. In response to Commission questions, Williams deferred to the City Manager's judgment on the number of staff needed, but did note there was significant workload that demanded more staff time. He clarified the Executive Liaison position was also new to the budget. Williams described the current planning functions being completed by the Department and noted long range planning needs have gone understaffed or unstaffed for some time. He noted he had staff developing a seven year list of all the land use actions and was implementing documentation of phone calls. In response to Smith, Williams noted the training budget for the Community Development Department was sufficient. Hohl felt personnel costs charged to the Commission were excessive. She estimated the staff hours dedicated to the Commission hours proposed in this budget equaled 200 per month. i I ....., Williams noted the 2007 budget was compiled using projected staff time. He clarified the 2008 budget would have a clearer picture of hours needed for Commission staff support. In response to Hohl, Williams stated Administration considered contracting minutes to provide other Commission support from the Executive Liaison. Anderson clarified the Executive Liaison's time was allocated 65% to the Boards and Commissions and 35% to the City Manager's Office. In response to Hohl, Terry noted the workload was demanding but not insurmountable. She stated the time balance between the Boards and Commissions and the City Manager's offIce was reasonable. Anderson spoke in support of the continuity provided by the Executive Liaison position. Williams stated he would recommend removing the contracted services from the budget. Hohl questioned the increased supply costs. Administration noted the goal of this budget was to accurately attribute Commission costs to the Commission's budget. j .... City of Seward, Alaska Planning Commission Minutes October 5,2006 Volume 6, Page 119 Smith wanted to insure funds were available to update the Comprehensive Plan. .... Keil encouraged the Commission to individually attend and comment during Council Work Sessions. Hohl reiterated her concern about the number of staff hours attributed to the Commission's budget and her concern about duplication of having contracted services in addition to a percentage of the Executive Liaison's time. Hohl also stated she was concerned about the budget as a whole. She stated the City Council didn't approve numbers set in stone, but rather a bottom line acting as a guide. Hohl stated the City of Seward's budget was more of a guide then other municipal budgets. Anderson stated the staff increase was requested by the Commission and was incorporated into the 2007 budget. Clark supported the Department Head's ability to move money within their department's budget. He wanted to insure money wasn't left in the Legislative budget that wouldn't be utilized. Smith noted the budget before the Commission was the projected costs incurred by the Commission. He supported Administration's efforts to increase staff time for the Commission. Clark wanted to insure the budget was adequate for the Commission's needs. He was hesitant to support moving employee costs into the Legislative Budget instead of having them wholly part of Community Development. Clark understood the rational behind tracking the staff support, .... but questioned who controlled the funds. Smith supported the proposed budget. He surmised staff time would become confirmed or adjusted to reflect actual hours. Hohl supported the proposed budget but expressed reservations. Motion (AndersonlHicks) Planning and Zoning Commission recommends Council approval of the 2007 Legislative Boards and Commissions operating budget Clark stated he would rather make recommendations instead of supporting a motion to recommend approval of the budget. Hohl suggested a motion to provide staff hours for the Commission's review in three months. The motion died for lack of a second. Williams stated three months time would not be an accurate sample of staff hour allocation. He stated the breakdowns were based on his personal observations of the time needed to accurately and fully prepare for regular meetings, special meetings and work sessions. Commission support ..... included staff reports on all issues coming before the Commission. He asked Hohl to clarify her reservations. City of Seward, Alaska October 5, 2006 Planning Commission Minutes Volume 6, Page 120 Hohl felt there was too much time estimated for Commission support functions. i 1 ..... Keil spoke in support of the budget and shared her discussions with Williams on providing a better and more complete analysis for Commission review. Motion Passed Yes: Anderson, Hicks, Hohl, Keil, Smith No: Clark New Business- Discuss and appoint representative to attend October 24,2006 Land Use Law Training Terry stated this training was originally scheduled as a staff training for the Community Development Department and other ancillary staffwho would benefit from the attorney's expertise on Land Use Law issues. Terry stated the Administration wanted to share this training with the Boards and Commissions while not opening the training to the public. The attorney's recommendation was invite only one member from each Body in order to ensure the Open Meetings Act was followed. Terry noted the time and specific topics that would be covered in the training. If the Commission desired, Terry suggested they could ask staff or their representative to provide a report following the training. Hicks understood the State Open Meetings Act specified more then two members attending a closed meeting would be a violation. l ...... Anderson recommended appointing Chair Keil to attend the training. Commission discussed the possibility of video taping the training, but included in their discussion issues including: presenters might have proprietary interest or staff might curtail their questions. Hicks suggested the Administration had sound reasoning to keep the training closed to the public. He surmised the staff would be restricted in asking questions if the meeting was open. Hohl wanted to solicit State interpretation on the Open Meetings Act. Clark noted that City Attorney Cheryl Brooking gave trainings on the Open Meetings Act. Hohl noted she didn't agree with Cheryl Brooking's interpretation of this issue. She preferred a ruling from the State Attorney General or at least a second opinion. Anderson supported staff's ability to hold a closed training. Keil noted the City was in current litigation regarding Land Use issues. IIIIIfi Clark appreciated Administration inviting anyone from the Commission. City of Seward, Alaska October 5, 2006 Planning Commission Minutes Volume 6, Page 121 Williams suggested selecting a primary and a secondary attendee, and depending on further information obtained, both or one of these Commissioners could attend. .... Motion (Anderson/Smith) Appoint Keil as primary attendee and Clark as secondary attendee to the Land Use Law Training Scheduled for October 24,2006 Motion Passed Unanimous Rescheduling the October 17, 2006 Work Session Williams stated October 18th was a City Holiday and he would be taking October 17th as a day off. He asked for clarification on the topic for this work session. Hohl suggested the work session discuss changes to Title 15. Hohl noted Jean Lewis had offered to help her with this priority. Motion (Hicks/Hohl) Reschedule the October 18, 2006 work session to October 24, 2006 with the topic of changes to Title 15 Motion Passed Unanimous Consent .... Smith noted this was the same day as the Land Use Law training. Williams asked for clarification regarding what changes needed to be made to Title 15, what work had been done and what the Community Development staff needed to prepare for the work seSSIOn. Hohl clarified the intent of the Commission was to consolidate all the definitions in Title 15 into one location. The Commission also intended to define terms that were currently undefined. Keil noted that two Commission Members had volunteered to work on this project because of the time involved. Williams stated he was willing to tackle the project, but needed specific direction on what exactly the Commission wanted presented to them. Hohl stated she was looking for staff to identify where the various defInitions were located in the Code and untimely propose an ordinance that would consolidate these, identify where a definition might be needed and clarify terms that were unclear. ..... City of Seward, Alaska Planning Commission Minutes October 5,2006 Volume 6, Page 122 Smith suggested; relocate all the definitions to one place, review the definitions to determine if they make sense and finally, research if there were additional definitions needed. Once these stepsi were completed the Code could be changed. ..... Anderson felt the first step would be for staff to locate all the definitions and make recommendations regarding changes to the Commission. Keil suggested Commissioners could bring their ideas to staff. Community Values Meeting Planning Discussion Keil discussed the Commission's responsibility to review the Comprehensive Plan on a yearly basis. She clarified the Commission should hold an organizational meeting in preparation of the Community meeting. Hohl suggested specifically inviting the nonprofit and service agencies. She noted this was a productive tool used in the past. Williams advocated inviting nontraditional groups in the community and suggested inviting the local teachers. He also recommended multiple meetings in nontraditional locations. Williams supported multiple groups being invited. Hohl suggested following the fireside chat model used by the Historic Preservation Commission. i I ~ Keil stated the advertising vehicle soliciting the most responders was sending a flyer through the Chamber of Commerce. Williams stressed how important these visioning meetings were for Seward. He discussed graphic options. Keil stated she wanted to use the VISTA survey findings as a starting point for the meetings. Williams stated VISTA volunteer Rob Rance was willing to help, but had concerns that the survey results wouldn't be complete. Smith stressed using the community values currently incorporated into the Comprehensive Plan and allowing citizens to review these values. Smith noted the Comprehensive Plan meetings were well attended and the values developed at these meetings represented the community. Keil felt the VISTA survey fmdings would be a good incentive for citizens to attend. Anderson supported using Williams at the next work session to plan for the Community Values Meetings. .... Commission discussed the Community Values Meetings being set for early 2007. City of Seward, Alaska October 5,2006 Planning Commission Minutes Volume 6, Page 123 Keil felt the term 'visioning' was overused, and the Commission discussed the need for a ___ 'catchy' term. Motion (Keil/Clark) Reconsider setting Title 15 as the Work Session Topic for October 24,2006 Motion Passed Unanimous Consent Motion (Keil/Anderson) Set the topic of October 24, 2006 Work Session as Community Values Meeting Planning Session Motion Passed Unanimous Consent Discussion with Planner Scott Williams Anderson stated Keil had sent an email recommending Commissioners contact Williams. Keil felt the Commission should utilize Williams' expertise. Williams discussed: --- . Adopting rules of order specific to the Planning and Zoning Commission. · Amending the Land Use Action format, including staff reviews, to clarify the process. Keil supported receiving clear comprehensive information. She asked for clarification specific to appeals. Anderson appreciated the suggestions. She spoke in support of 'pro and con' presentations and staff recommendations. Williams stated a major undertaking would be to streamline, reorganize and rewrite the current Seward City Code. He recommended asking the Council to organize a standing subdivision review committee. Williams clarified members of this committee should include applicable staff. Keil noted work sessions were successful with everyone involved sitting around the table and hashing out the issues prior to the formal meeting. Clark agreed that the current round table sessions taking place prior to projects beginning had really helped the process for the contractors. Keil clarified that this was the Commission's recommendation to raise the trust level between the parties. ..... City of Seward, Alaska Planning Commission Minutes October 5,2006 Volume 6, Page 124 Williams explained Juneau's model of using offIce alcoves for each step in the permitting system to triage the process. I .... Clark stated Williams had solicited input from the entire Commission. Hohllooked forward to checking things off the Commission's priority list. Williams reiterated the importance of the Commission sharing their ideas with him in order to provide better information and service. He stressed he was here to serve the Commission as a whole. Informational Items and Reports (No action required) Commissioner Strobel's Thank You from Council Keil shared Strobel's contact and desire to keep track of Seward's happenings. Commission Comments - Hohl stated the Long Term Care Facility was going before the Borough on their Plat and their Planning Commission agendas. She was submitting her resignation from the Borough Planning Commission. Hohl suggested Smith apply for this vacancy. Smith would consider applying for the Borough Planning Commission. i .... Clark congratulated Hohl on her election to School Board. Keil thanked Williams for his innovative ideas. Citizens' Comments - None. Commissions and Administration Response to Citizens' Comments - None. Adjournment Christy Terry Executiv\\ .. 111,/ (CitY.~l1n OF S'=M~'~" ~ <\-,: ..fl..... Iv..-;;1 ~ ." ~ ,. ~ .....1 ")0;;:. V,) ., lit v..' 0'" . ""'I';'.'-"() ~ ~ ..,,(J '<:::...__ :: l~.4 ___ a-.. -:. ~ . . - :: cd 8_17:, ~... T : .. E ~: ~.~~: ~ ~ -pi . . tII' ~ ~ -.- : ~ ~.... .~ ...v~ fl, .. "" ~:'~:'~;;;'~~.11.1?~.~~..1 ,# ~ 0 ,- f\ \.~ ~.." '1/ r r'\ ,," ""UII"\\ /~ / j ~ /j ~ -= Chair t J ...... City o/Seward. Alaska November 16. 2006 L Call to order The November 16, 2006 re-schedule meeting of the Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Chair Marianna Keil. Planning Commission Minutes Volume 6, Page 125 Opening Ceremony Commissioner Clark led the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil presiding, and Margaret Anderson Kevin Clark Bob Hicks Lynn Hohl Sandie Roach' comprising a quorum of the Commission; and LJ Scott Williams, Planner Christy Terry, Executive Liaison Absent: Tom Smith City Administration Report Planner Scott Williams reported on the following items: . Council was in the process of hiring an Interim City Manager and would hold interviews and a Special Meeting on November 21,2006 . A public workshop was held today regarding the City of Seward Conference Center in the Mary Lowell Center and the summary report with further meeting notice was provided as a lay down for the Commission. . The packet of information from the Land Use Law Training held on October 24,2006 was provided as a lay down at each Commissioner's seat at the dais. Other Reports, Announcements and Presentations Liaison from Seward Bear Creek Flood Service Area Board - Not in attendance. L Citizens' Comments on Any Subject except Those Items Scheduled For Public Hearing - None. Approval of Agenda and Consent Agenda - City of Seward. Alaska November 16,2006 Planning Commission Minutes Volume 6. Page 126 Motion (Hohl/Anderson) Approve the Agenda and Consent Agenda Hohl requested the addition of item 10. c., "Discussion to amend the Planning and Zoning Commission's Agenda Format." Motion Passed Unanimous Consent The following items were approved under the Consent Agenda: Resolution 2006-24, recommending the Kenai Peninsula Borough approval of the Replat (Consolidation) of Lots 4 and 5, Block 3, Leirer Industrial Subdivision, Replat. September 12, 2006 and September 19, 2006 Special Meeting Minutes and October 5, 2006 Regular Meeting Minutes. New Business - Select Topic for November 21, 2006 Work Session Keil suggested using the Work Session to discuss the Community Values Meetings in February. In response to Keil's questions, Williams understood the VISTA Survey rcsults wcrc summarized and the Administration was discussing how to best disseminate the information. WilliaIl1s stated he would need to review the document to understand how it could best be used in conjunction with the public meetings. Hohl suggested the VISTA survey results could be discussed at a work session. Hohl asked Williams if another work session was needed for the February Community Values Mcctings. Williams statcd another work session was needed within the next eight weeks to continue to plan for the Community Value Meetings, however since these meetings were scheduled for February, there were other topics the Commission could discuss at thcir next work session. He listed the items the Commission was in the process of addressing such as the Sign Code, Zoning Code Definitions, and the items William suggested such as Commission Rules of Order. In response to Hohl, Williams recommended the Commission address, because of the aesthetic and value based nature of the topic, the Sign Code at their work session. He noted copies of various Sign Codes had been distributcd to the Commission. Williams stated he would be unable to attend the next Commission Work Session, but the Commission could develop a frame work for a new sign ordinance. In response to Commission comments, Williams stated it would be a long involved process to clarify and update the definitions in the Planning and Land Use portion of the Seward City Code. He u u u L L u City ojSfJWard, Alaska November 16,2006 Planning Commission Minutes Volume 6, Page 127 explained the whole City Code would need to be examined to consider discrepancies between the titles. Keil noted a work session had been held on the Municipal Land Use Plan and the Commission had decided to update this Plan in conjunction with the Community Valucs Meetings. In response to Hohl, Keil noted there were many pieces of property that needed to be identified by Administration prior to the Commission addressing the Municipal Land Use Plan. Hohl felt a discussion was needed to develop how the Municipal Land Use Plan would be incorporated into the Community Values Meetings. Roach' suggestcd a review of the Parks and Recreation Master Plan as the topic for the Work Session. Parks and Recreation Karin Sturdy could be invited to present to the Commission. Anderson suggested if Sturdy was unable to attend their scheduled Work Session, the Commission could discuss the current Sign Code. By general consensus, the Planning and Zoning Commission set their November 21, 2006 Regular Work Session as, 'Review of the Parks and Recreation Master Plan.' If Parks and Recreation Director Karin Sturdy was not available for this date, then the Commission would hold their Regular Work Session on, 'Review ofthe Seward City Sign Code.' Informational Items and Reports (No action required) September 11,2006 Flood Board Minutes In response to Hohl, Williams clarified Flood Plain Permits within City Limits were provided to the Seward Bear Creek Flood Service Area Board. Tcrry statcd she attended the Flood Board Regular Meetings, and provided copies of Flood Plan Permits and applicable Conditional Use Permits at the Board's request. Terry acted in her Liaison capacity and facilitated information being brought baek to Administration from the Board. Williams stated more time was needed with the Chairman and Administrative Assistant from the Bear Creek Flood Service Area Board to develop an understanding of Borough, Flood Board and Seward Planning and Zoning Commission responsibilities. Hohl clarified the Flood Board acted in an advisory capacity for the Borough Planning Commission, She thought the Flood Board would be advisory to the Seward Planning and Zoning Commission. Hohl statcd there were now threc cntities ovcrsceing the strcams in the area. Shc stated in the past, as a courtesy, a Flood Board Member had attended a Seward Planning Commission Regular Meeting. City afSeward. Alaska November 16. 2006 Planning Commission Minutes Volume 6. Page 128 Anderson expressed interest in having additional information on the Board's activities. U Williams stated he would obtain clarification on these issues and report back to the Commission. Kcil preferrcd the Flood Board act III an advisory capacity to the Seward Planning Commission. Clark remembered the original intent was to have the Flood Board look at flood issues in the area as a whole; however, the Borough did not have the ability to usurp Seward's Home Rule powers within City Limits. Hohl noted the Flood Board acted in an advisory capacity for the Borough Floodplain Administrator, and the Board would only be able to act in an advisory capacity for the City if they were provided pertinent information. Anderson agreed that communication between the parties was important. Terry informed the Commission that Public Works Director WC Casey also attended the Flood Board Meetings. Keil welcomed the increased communication between the Board and the City. u HoW suggested a designated seat on the Board for the City of Seward. Williams stated the October flooding event underscored the need for planning and action with regards to the management of the floodplain. He sensed the Board was very serious about the job they were given. Hohl and Clark discussed the community's desire for this Board. Anderson supported facilitating the Board's success. City of Seward Elected & Appointed Officials Contact Sheet -10/25 Update Keil thanked statf for the Contact Sheet inclusion in the packet. Discussion to amend the Planning and Zoning Commission's Agenda Format Hohl requested a report added to each meeting regarding the interpretation and abatement action on reported Title 15 violations. She stated the Seward City Code required this information given to the Planning and Zoning Commission at their regular meetings. Hohl suggested this item U could be a subset of the Administrative Report or part of Informational Items and Reports. I I I I I . I I I L lJ L City of Seward, Alaska November 16, 2006 Planning Commi5sion Minutes Volume 6, Page 129 In response to Keil, Williams noted he received one reported violation during his tenure. He noted the reported violation involved a shed being built in the right-of-way and a letter to the property owner was generated by the Building Department. In response to Keil, Williams agreed to include reported violations in his Administrative Report. In response to Roach', Williams stated the Community Development Department took action on every complaint received. He mentioned some items were of a class action nature, and the Community Development Department did not have the resources to fully pursue every known violation of the Zoning Code. The Commission discussed the merits of placing the, "Reported Violations, Interpretation and Abatement" under the City Administration Report or Other Reports, Announcements & Presentations. Clark questioned how this would effect the Commission's role as the appeal body for decisions made by the Community Development Department. I I I r I . I Hohl stated that the reported violations, interpretation and abatement items would be strictly informational items when presented to the Commission. She stated no action would be taken on the items by the Commission. Commission Comments - I I I I I HohI reviewed the items that pertained to Seward from the Kenai Peninsula Borough Assembly Packet. She noted her seat on the Borough Planning Commission was open and mentioned that Tom Smith had stated his interest. Roach' asked Hohl for details on the Assembly's Road Improvement Item on the Assembly's agenda, and received e1arification this item was addressing design work. Roach' welcomed the Seward Phoenix Log reporter in the audience. Clark reported on Andy Baker's Hydroelectric Power from Lowell Creek Canyon Presentation the previous night. He discussed Mr. Baker's ideas of using a second tunnel to extract power and provide some flood relief, and also the possibility of underground water to utilize in the winter months. Clark discussed the idea of running the water down to a Hydroelectric Plant on the bay. I I I Hohl stated she was at the meeting and the concept seemed to have potential. Clark stated the proposed hydroelectric generation would be at around 4 megawatts. He was most encouraged with the partnership of flood mitigation and eneq,'Y generation. Clark reiterated his interest illlhe PfCIje~t. City of Seward, Ala~ka November 16, 2006 Planning Commission Minutes Volume 6, Page 130 Keil infonned the Commission that the Council would be addressing the 2007 City of Seward Budget at their next Council Meeting. u Williams clarificd that the proposal before the Council had the Community Development Director taken from the budget. He explained the Department would be staffed with a Planner and the Planning Executive Assistant. Williams noted the Executive Liaison was under the direction of the City Manager. Citizens' Comments - None. Commissions and Administration Response to Citizens' Comments - In response to Williams, thc Commission had a discussion and concluded the "Reported Violations, Interpretation and Abatement" report should be a housekeeping item added to the Commission Agenda by Administration. Adjournment Ch . ty Terry - - Executive Liaison -;'1." ~ ,.".... 'SI' (City Seal) ';;:'_1 01= '- e;t~/'" ~.., ~, .,...... "A" ..., I cr...~o~'?O~';... '0 ~ -.:,~ ~a" ~ =: ---.- ',a - . S-A ." .. () . !tl '" T " f"' .. : J.:.:.u..J :0: p . " "' ~~ -.-::: ~ \~ tt..'- ~ "S\.....~.:: 1 \~"""'I'?:'~ ...-~ ~1..... ".' . ,.- J"o'- ~ ..~" ~1,.i .......... ...... "~ ~" 1.: OF ",~Y'\:' '111'11 1 II"""!' ~ '42- I -( 11 /1 <Z/.- -M ianna Keil \ Chair u u City afSeward, Alaska December 5, 2006 L Call to order The December 5,2006 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:30 p.m. by Chair Marianna Keil. Planning Commission Minutes Va/ume 6, Page 131 Opening Ceremony Commissioner Clark led the Pledge of Allegiance to the flag. Roll Call There were present: Marianna Keil presiding, and Margaret Anderson Kevin Clark Bob Hicks Lynn Hohl Tom Smith comprising a quorum of the Commission; and L Scott Williams, Planner Christy Terry, Executive Liaison Absent: Sandie Roach' City Administration Report Planner Scott Williams reported on the following items: L 1) ARRC was pursuing permits to expand their freight dock in the Harbor. 2) Williams and Keil attended the Seward Bear Creek Flood Service Area Board Meeting the previous evening and discussed having ajoint work session between the Flood Board and the Planning and Zoning Commission. 3) The two issues under Reported Violations, Interpretation and Abatement were: a) An enforcement letter was sent on November 8th to the property owner who built a shed in the right-of-way of A Street. The property owner had 90 days from the date of the letter to respond to the City. b) A phone call was received from a citizen regarding a banner on a public fence. Williams did not examine the sign other then to notify the owner that the sign may not be on public property, nor could the sign be view obstructing. He noted the banner sign was moved to the side of their building within two days. Williams stated he would pursue the owner obtaining a sign permit. 4) Interim City Manager Marvin Yoder would begin on December 11,2006. Other Reports, Announcements and Presentations City of Seward, Alaska December 5, 2006 Planning Commission Minules Volume 6, Page 132 Liaison from Seward Bear Creek Flood Service Area Board - None. u Williams noted the Board discussed this issue at their last meeting, but postponed any action because the whole Board was not in attendance. Parks and Recreation Director Karin Sturdy - Parks and Recreation Master Plan Update Parks and Recrcation Director Karin Sturdy rcvicwed the Parks and Recreation Master Plan including accomplishments achieved since the plan's implementation in 1993. Sturdy listed Parks and Recreation's Capital Project requests. She outlined her process to updatc the plan. Sturdy concurred with Smith's assessment that the Parks and Recreation Master Plan review should be part ofthc Community Values Meetings in February. Anderson stated there were many items to revicw since the Plan was written in 1993. She specified the Parks and Recreation warehouse was in a deplorable condition and there were highcr better uses for the Forest Acrcs Campground area. Hohl felt it was a great benefit to the Community whenever parks and recreation items were reviewed. u Anderson felt now was a good time to pursue a Community Center on Borough property. Shc statcd thc Seniors were looking to someday relocate their Center to a location that included housing. Sturdy noted the current Parks and Recreation Master Plan was sent to the Executive Director of the Senior Center for review. Sturdy directed the Senior Center to the section of the Plan discussing the Community Center. She noted this item was scheduled to be part of the Senior Center Board's Meeting in January. Sturdy also discussed her conversation with the Borough Lands Officer regarding the placement of a new soccer field. The Borough Lands Officer suggested the location of the old Junior High School, but Sturdy suggested the ficld would be better if attached to the new Junior High. Anderson advocated watching the situation very closely. Hohl felt locating the soccer field at the old Junior High's location would defeat the purpose of keeping kids safe from vehicular traffic. Clark questioned how the Commission could assist in the next step of the process. Keil stated the update should bc part of the Community Values Meetings in February. u u L l CityafSeward, Alaska December 5. 2006 Planning Commission Minutes Volume 6. Page 133 Anderson requested a work session prior to the Values Meetings to review the progress on the Parks and Recreation Master Plan. Smith concurred with the need for a Work Session to solidifY what aspects of the plan needed to be addressed. Hohl felt it was Parks and Recreation's responsibility to update the plan and the Commissions responsibility to review those updates. Smith agreed but felt the Values Meetings could be used to help in the process by providing community dircction. Keil encouraged the Values Meetings occur prior to a further Work Session on thc Parks and Recreation Master Plan. She notcd this would provide valuable community input. Williams stated the more information addressed in the Parks and Rccreation Master Plan, the less information was needed under the Recreation Section of the Comprehensive Plan. He noted the Parks and Recreation Mastcr Plan could then be cited under the Comprehensive Plan. Williams stated these types of plans were subsets under the umbrella of the Comprehensive Plan. He understood from Sturdy's presentation that she was trying to develop how big to build the frame of her plan. Williams understood from her presentation that the scope of the updated plan would be larger then the current plan. Keil articulated the importance of allowing Sturdy to begin administratively updating the plan and stated it would be a nice draw for the Community Values Meetings planned for February. Smith and Clark stated their full support of the update of the Parks and Recreation Master Plan. Citizens' Comments on Any Subject except Those Items Scheduled For Public Hearing- None. Approval of Agenda and Consent Agenda - Motion (Anderson/Smith) Approve the Agenda and Consent Agenda Motion Passed Unanimous Consent The following items were approved under the Consent Agenda: Resolution 2006-26 Rescinding Resolution 2006-06, Recommending City Council Approval of Amending The Land Use Plan And Rezoning From Park (P) To Institutional (Ins) the South portion of Lot IIa, Fort Raymond Subdivision Replat No.1 Public Hearings City a/Seward. Alaska December 5, 2006 Planning Commission Minutes Volume 6, Page 134 Resolution 2006-25 recommending City Council and the Kenai Peninsula Borough Approval of U the Subdivision of A TS No. 174, Within The NW v.. of Section 3, Township 1 South, Range 1 West, Seward Meridian, Marina Subdivision, Seward Resort Addition, To Create A "Tract A." Williams stated the City had a long relationship with the Department of the Army and this parcel would be leased by the City to the Army for the development of a marine dispatch center and caretaker's quarters. He noted that the lease needed to be in the form of a plat. Williams explained that this was a new piece of the Marina Subdivision, was zoned Harbor Commercial and the building standing on the property would be demolished. Williams explained the new parcel was located on the southwest corner of Z float and launching ramp parking lot, north of the Seward Harbor. He noted the proposal met the standards of Seward's Title 15 and there would either need to be a further subdivision agreement or wording in the lease agreement to address the utility upgrades. Williams stated the Borough Code requirement included access to a public right-of-way because the parcel was surrounded by City property. Instead of restricting further development of the City property, Williams discussed allowing a floating easement to fulfill the Borough requirement. Williams recommended Commission approval of this resolution. Notice of public hearing being 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. Hicks asked if caretaker's quarters were allowed in the Harbor Commercial Zoning District. U Hohl stated apartments were allowed, but not caretaker's quarters. Motion (ClarWHicks) Approve Resolution 2006-25 In response to Anderson, Williams stated there was a sewer opening within one hundred feet north of where the parcel was located. He noted further discussions were needed between staff and the Army regarding utility connects. Keil asked if this parcel was previously leased to the Army. By unanimous consent, the Commission suspended the rules to allow former Community Development Director Kerry Murtin to provide historical clarification. Kerry Martin, inside City Limits, stated that following the 1964 earthquake the City of Seward deeded ownership ofthe tidelands to the Corps of Engineers as a requirement by the Corps to rebuild the harbor. Martin explained that during the eastward expansion of the harbor, the Corps deeded the tidelands back to the City reserving an casement. He noted years ago the Army boat shack was on the west side of the harbor. Martin stated when the shack was moved to the harbor's east side, the building was built on Corps property and a lease was never obtained. He assumed that I 1 the property had been subsequently deeded back to the City and now required a lease. U lJ L L City of Seward, Alaska December 5, 2006 Planning Commission Minutes Volume 6, Page 135 In response to Hohl, Williams stated that the original ground was in FEMA Zone V, but Seward maps and Borough maps now showed the elevated filled area was no longer in the V Zone. In further response to Hohl, Williams clarified that the City would rcquire an elevation certificate for any new structures. Williams understood that a flood elevation certification was a form of FEMA map amendmcnt. He reiterated any new structures would require a building permit review. Anderson noted that the whole area was fill and was subject to flooding depending on which way the Resurrection River flowed. Williams noted the last plat approved by the Commission was shown as out of the FIRM flood zone, but the parcel had water up to its boundaries during the October Flood. He cited this as a good cxample why to use multiple map sources for thc Commission's decision. Williams stated thc last update of the FIRM maps was 1981. Hohl objected to the statement in the resolution that the proposed subdivision met the requirements of Title 15, because there were side yard setback and rear yard setbacks to consider and the current building seemed to be in the setback. She stated the eves might encroach past the property line. In response to Keil, Hohl stated this issue needed to be addressed prior to approval of the resolution. She suggested bringing this issue to the attention of the surveyor and the Army and asking them to clarifY for the Commission how this item was going to be addressed. Bohl also noted the public posting was not visible from the public street and did not meet the posting requirements in Seward's City Code. Williams suggested adding a condition that addressed the removal or modification of the existing structure to allow the resolution to move forward. He stated his department had moved forward with the understanding that the current structure would be removed and any new structures would have to meet the requirements in Title 15. Anderson suggested Section l.b be added using language from the staff review to read, "This subdivision will not effect existing structure setbacks although any new structure will be required to meet setback requirements of Title 15." Hohl stated the Commission was not allowed to create an encroachment. Hicks stated the subdivision did effect existing structure setbacks and created a nonconforming structure in the new setbacks. Be noted the proposed use of a caretaker's structure did not conform to the uses allowed in the Harbor Commercial Zoning District. Hicks questioned if the Army would build the proposed new building whcn they discovered thcir proposed use wasn't allowed and if they would instead, leave the current structure in place. He felt the applicant needed to provide greater assurances before a subdivision was created. Kl:il noted an apartment was allowed in thc Iiarbor Commercial Zoning District. City ofSr:ward. Alaska December 5, 2006 Planning Commission Minutes Volume 6, Page 136 Hicks spoke in opposition to the current resolution. LJ Clark statcd the approval of the subdivision should not be dependent on the proposed development. I-licks agreed, but clarified his opposition was duc to the creation of a nonconforming structure, if the resolution was approved. At the Commission's request, Williams suggested Section 1. b could read, "If the existing building is not removed/replaced, then the existing building shall be removed or modified to meet setback rcquirements of Title 15." Motion (Hohl/Smith) Add Section l.b, "The existing building will be removed or modified in compliance with setback requirements prior to the finalization of the plat." Williams preferred the resolution be denied and sent back to staff in order to work with the client to make the necessary corrections. Hohl also agreed, but wasn't sure if the issue was time sensitive. u Anderson stated the Commission should review the subdivision based on the subdivision codc and review the other aspects when the Army returned to the City for a building permit. Hicks stated the Commission would create a nonconforming structure with this subdivision agreement with no assurances that the Army would actually tear down the current structure. Smith stated the Army could tear down the current structure without a subdivision agreement. Hohl surmised the Army would not be issued a building permit for their proposed building without a lease agreement with the City. Williams concurred. The Commission took a five minute recess from 8:42pm to 8:47pm. Motion (Hicks/Hohl) Postpone Resolution 2006-25 to the next Regular Mceting of thc Planning and Zoning Commission Anderson asked the Commission what they expected to accomplish by postponing the I 1 resolution. U u L L City of Seward, Alaska December 5, 2006 Planning Commission Minllles Volume 6, Page 137 Hicks stated postponing the resolution would allow Administration time to work with the applicant to obtain assurances that the current building would be demolished. He asked the Administration to inform the applicant that the Planning and Zoning Commission was not legally allowed to create a non-conforming structure. Williams suggested the Commission deny the resolution using the nonconformance as a finding to put the onus on the applicant to provide the needed information. I-licks supported postponing instead of denying the resolution. In response to Williams, Hohl noted that even if the building was not located in the setback, the eve could be over the property line. Motion to Postpone Passed Y cs: Hicks, Hohl, Keil, Smith No: Anderson, Clark Hohl stressed the need to make the public posting visible from the public street in order to meet the requirements in Seward's City Code. New Business - Approval of Regular Planning & Zoning Meeting and Special MeetingIW ork Session Schedule for 2007. Hohl inquired if the Commissioners had any conflicts with Wednesday nights. Keil and Clark answered in the affirmative. Hohl requested the Community Values Meetings of February 7,2007 and February 8, 2007 be added to the schedule. Keil stated this could be added administratively. Motion (Hicks/Smith) Approve the Regular Planning & Zoning Meeting and Special McctingIWork Session Schedule for 2007 Motion Passed Unanimous Consent Select Topic for December 19,2006 Work Session Keil stated last night at the Seward Bear Creek Flood Service Area Board a joint Work Session was suggested for December 19, 2006. City o/Seward. Ala.~ka December 5. 2006 Planning Commission Minutes Volume 6. Page 138 By general consensus, the Commission set their Regular Work Session Topic for December 19, 11 2006 as ".Joint Work Session with the Seward Bear Creek Flood Service Area Board." U Informational Items and Reports (No action required) Seward Bear Creek Flood Service Area Board Agenda for December 4, 2006. Seward Bear Creek Flood Service Area Board Approved Minutes for October 2, 2006. Commission Comments - Anderson telt it was important for the Commission to examine the property owned by the City in order to gauge if it was being utilized at its highest and best use. Anderson noted the City Shop property could be sold and the shop relocated to a more appropriate location. She cited the City owned property along the Seward Highway and stated that this property could be sold as commercial property to add to the tax base of the community. Anderson felt Seward had enough parks. Hohl asked where the Commission was on the Municipal Land Management Plan. Keil stated the Community Development staff needed to update the inventory of the municipal properties. LJ Hohl clarified her position on public po stings by quoting S 16.01.015., "Conditions to plat approval. (c) Public Posting. The applicant shall post the property subject to the application with public notices as provided by the city at least ten days before the date ofthe required public hearing. Such notices shall be placed so as to be visible from each improved street adjacent to the property." Hohl stated the improved street in this area would be Port A venue and it would be important for the public to have access to the posting. Hohl then discussed the pedestrian pathway, required in the Conditional Use Permit, from the elementary school to the new middle school. She stated the only pathway provided was a widened shoulder. Hohl wrote to the engineer as a private citizen, and noted she was on the Commission when the CUP was issued, and told him the widened shoulder didn't seem to meet the intent of the condition. She questioned if the shoulder was ADA accessible and shared that an ADA specialist would be examining the shoulder mid December. Hohl stated the issue might come back to the Commission at a later date. Clark concurred with Anderson's comments that the City o\Vlled property fronting the Seward Highway should be zoned Auto Commercial. " " ,. " , '" '. Anderson stated the City owned pole yard was a poor example of keeping property fronting the Highway at its highest and best use. Citizens' Comments - u L L L City of Seward, Alaska December 5, 2006 Planning Commission Minules Volume 6, Page 139 Kerry Martin, inside City Limits, stated the Municipal Land Management Plan needed to be rewritten by staff prior to being reviewed by the Commission. Martin noted the Forest Acres Campground area was given to the City by the State of Alaska during the State Centennial Celebration to build a campground. He stated it originally came with a restricted use of public recreation and over time the restriction was lessened and removed. Martin noted that short of the City buying or leasing a new piece of property this was the only piece of property the City owned that was large enough to house the City Shop, unless the City relocated the shop to SMIC, which was a mistake. Martin clarified that the only reason the Forest Acres Campground parcel wa<; in the FEMA flood plain was because the highway created a dam. Martin stated the parcel could be filled with brravel to solve this problem and he was saddened that this parcel was abandoned so quickly for the Long Term Care Facility. He stated the Army Resort Manager should have been in attendance for Resolution 2006-25. Martin noted the pole yard property was obtained by the City because of the easements required for the T -Line. The owners of this parcel refused to provide the easements and instead offered to sell the property. He noted that essentially the City obtained the property for the same cost as solely obtaining the required easements. Prior to storing equipment at this location, the City paid outrageous fees to store equipment on Alaska Railroad property. Hohl suggested a land swap with the Alaska Railroad Corporation (ARRe) to provide more appropriate parcels for the needed uses. She noted the Alaska Railroad wanted the parking lot in front of Chinooks and the City was paying a tidy sum for the T-line to cross ARRC land. Clark noted the City paid ARRC for the breakwater crossing ARRC tidelands. Commissions and Administration Response to Citizens' Comments - Clark thanked Martin for his history lessons. Adjournment Meeting adj{JUmed at 9: II pm. 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