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Home My WebLink About03072006 Planning & Zoning Packet I~ '\; ~ Seward Planning & Zoning Commission March 7, 2006 Marianna Keil Chair Term Expires 02/07 Tom Smith Vice-Chair Term Expires 02/07 Margaret Anderson Commissioner Term Expires 02/09 Kevin Clark Commissioner Term Expires 02/09 Lynn Hohl Commissioner Term Expires 02/08 Sandie Roach' Commissioner Term Expires 02/07 Kay Strobel Commissioner Term Expires 02/08 6. .. Clark Corbridge City Manager ;;; Malcolm Brown Planner Donna Glenz Planning Assistant 7:30 p.rn. Re1f':t~~!!~~:!~~ 1. Call to Order 2. Opening Ceremony A. Pledge of Allegiance 3. Roll Call 4. Special Reports & Presentations A. City Administration Report B. KPB Planning Commission Report - Lynn HoW C. Other Reports, Announcements & Presentations 1. Liaison from Seward Bear Creek Flood Service Area Board 5. Citizens' Comments on any subject except those items scheduled for public hearing. [Those who have signed in will be given the first opportunity to speak. Time is limited to 2 minutes per speaker and 30 minutes total time for this agenda item] Approval of Agenda and Consent Agenda. [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a Commissioner so requests. In the event of such a request, the item is returned to the Regular Agenda.] Special Items A. Election of Chair and Vice-Chair ................... Page 4 Planning & Zoning Commission March 7, 2006 Regular Meeting Agenda Page 1 o 7. Public Hearings [Limit comments to 5 minutes. Those who have signed in will be given the first opportunity to speak] . A. Resolution 2006-05 recommending City Council and Kenai Peninsula Borough approval of the Fort Raymond Subdivision, Replat Number 3, a resubdivision of Lots llA & 12A Fort Raymond Subdivision Number 1............................ Page 06 B. 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 l1A, Fort Raymond Subdivision Replat Number 1.................................... Page 20 C. 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 Disabilities Act............................ Page 41 D. 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..................................................................... Page 46 E. 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 of the Alaska Tidelands Survey 174, located South of City owned Tract 2A, Water Front Tract, currently leased by SAAM. ..... Page 77 8. Unrmished Business - None 9. New Business A. Resolution 2006-10 supporting the concept of the Mariners Memorial for the Small aoat Harbor ...................................................................................... Page 92 B. Selection of the March 21,2006 Work Session Topic [set 2/27/06 by Council as the annual work session with Council] ........................... * C. February 7, 2005 Regular Meeting Minutes.............................................. Page 110 10. Informational Items and Reports (No action required) J A. Planning and Zoning Priorities List, Resolution 2005-17 and the proposed time- line..............................._............................................................................. Page 119 11. Commission Comments Planning & Zoning Commission March 7, 2006 Regular Meeting Agenda Page 2 12. Citizens' Comments [Limit to 5 minutes per individual - Each individual has one opportunity to speak] - 13. Commissions and Administration Response to Citizens' Comments 14. Adjournment ~ Planning & Zoning Commission March 7, 2006 Regular Meeting Agenda Page 3 P&Z Agenda Statement Meeting Date: March 7, 2006 - Through: Clark Corbridge, City Man~~er Malcolm Brown, Plannerv4'..$-- Donna Glenz, Planning Assistant J ~.. ~ Election of Chair & Vice Chair From: Agenda Item: BACKGROUND & JUSTIFICATION: Each year the Planning and Zoning Commission must elect a chair and vice chair for the commg year. The duties of the Chair are to: 1. Open the meeting on time and call the meeting to order; 2. Announce in proper sequence the business on the agenda; 3. Recognize members who are entitled to the floor; 4. State and put to a vote all legitimate motions that arise during the meeting: 5. Do not permit debate until there is a motion on the floor; 6. Protect the Commission from frivolous or delaying motions by refusing to recognize them; 7. Enforce the rules regarding debate and keep order; 8. Expedite business in a way compatible with the rights of the members; 9. Decide all questions of order; 10. Respond to all inquiries of members; 11. Ensure that citizens address all remarks to the Commission; and 12. Declare the meeting adjourned. The process for election of the chair and vice chair is as follows: The current chair shall open nominations. Any Commissioner can nominate another commissioner as chair. · If only one nomination is received, a motion shall be made to close nominations and cast a unanimous ballot for the chosen person. That motion will need a second and can be approved by unanimous consent. (No role call vote is necessary). · If more than one nomination is received, the clerk will prepare ballots for each Commissioner to vote for one nominee and sign his ballot. The clerk will then collect ~ the ballots, read the votes aloud, and announce the prevailing nominee. A motion is then in order for someone to elect the nominee as chair. A second is needed and the motion can be approved by unanimous consent of the commission. --- The above procedures should also be used to elect a vice chair. RECOMMENDATION: Commission to elect a Chair and Vice-Chair s Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2006-05 -.. A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE FORT RAYMOND SUBDIVISION REPLAT NO.3, A RESUBDIVISION OF LOT llA AND 12A FORT RAYMOND SUBDIVISION REPLAT NO. I, CONTAINING THREE (3) LOTS AND APPROXIMATELY 16.334 ACRES WHEREAS, McLane Consulting, Inc has submitted a preliminary plat on lands owned by the City of Seward for review and recommendation to the Kenai Peninsula Borough; and WHEREAS, this platting action will provide land for the Long Term Care Facility; and WHEREAS, this platting action divides two (2) lots into three (3) lots; and WHEREAS, the minimum lot sizes and widths as required by Code for the Institutional and Park zoning district are met; and WHEREAS, this platting action will provide adequate easements for utilities; and WHEREAS, the South portion of Lot llA is zoned Park (P) and Lot 12A is zoned Institutional (INS). A request to rezone the South portion of Lot llA is also being reviewed; and WHEREAS, as required by Seward City Code Section 16.01.015 Conditions to plat approval, property owners within five hundred (500) feet of this subdivision, were notified of the proposed platting action. and the property was posted with public notice signs; and WHEREAS, in accordance with Seward City Code, the Commission held a public hearing on the preliminary plat at their March 7th, 2006 regular meeting. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Sedion 1. The Commission recommends that the Seward City Council and the Kenai Peninsula Borough approve the Fort Raymond Subdivision Replat No.3, a resubdivision of Lot IIA and 12A Fort Raymond Replat No. I, situated in the East Y2 of protracted Section 34, Township 1 North, Range I West, Seward Meridian, Alaska, City of Seward, the Kenai In ~ Seward Planning and Zoning Commission Resolution No. 2006-03 Page 2 Peninsula Borough in the Seward Recording District containing three (3) lots and approximately 16.334 acres, subject to the following conditions and plat notes: Conditions: 1. Obtaining a subdivision development agreement prior to recording of the plat shall be required, as per Seward City Code 16.05.015. Plat note: 1. An additional plat note shall state: "Lots within this subdivision are subject to the City of Seward's Zoning and Land Use Regulations." Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7th day of March, 2006. THE CITY OF SEWARD, ALASKA Marianna Keil, Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: " Jean Lewis, CMC City Clerk (City Seal) r; P&Z Agenda Statement Meeting Date: March 7,2006 r of' 5"11; ~~'l> ~ ..;..b. .~. 0 '" "1." ~"" ,-,,_ ..;~,;;;~ ,q{A5....~ - From: Clark Corbridge, City Manager Malcolm G. Brown, Planner ~~ Through: Agenda Item: Recommending Kenai Peninsula Borough approval of Fort Raymond Subdivision Replat No.3, a resubdivision of Lot llA and 12A Fort Raymond Replat No. 1, situated in the East Y2 of protracted Section 34, Township 1 North, Range 1 West, Seward Meridian, Alaska, City of Seward, the Kenai Peninsula Borough in the Seward Recording District containing three (3) lots and approximately 16.334 acres BACKGROUND & JUSTIFICATION: Attached for the Commission's review and recommendation to the Kenai Peninsula Borough Planning Commission is a preliminary plat submitted by McLane Consulting, Inc. on behalf of the City of Seward. This plat is being sought to provide adequate land for the Long Term Care Facility. In accordance with Borough requirements, the City must review and comment on a plat before submittal to the Borough for approval. This plat will also be submitted to the City Council for review, as the land is owned by the City of Seward. Subdivision Review: Zoning: The properties are zoned Institutional (INS) and Park (P). The lots meet or exceed the development requirements required in SCC Table 15.10.220. An amendment to rezone the South portion of the Park which currently has a legal description of Lot I lA, Fort Raymond Subdivision Replat No. 1 is currently under consideration. Size: The total number of lots is three (3) and the total amount of acreage is approximately 16.334 acres. Utilities: The lots along Dimond Boulevard are currently served by water, sewer, electric and maintained roads. Adequate utility easements have been provided for the lots on the plat. If needed for subsequent development, easements by record will be an option for additional utility easements for Lot 11 A-I. A subdivision development agreement will be needed to allow for the availability of adequate utilities for future development on the lots. Existing Use: Lot llA is currently zoned Park and has two memorials and a tennis court on the South portion. . There is a total of thirty-four (34) camping sites, the North portion of Lot I1A is used for camping and the North portion of Lot 12A is used for camping even though it is o o zoned Institutional. The South portion of both lots has a BMX trail. Access: The lots are accessed from roads which are properly developed and maintained: the Seward Highway, Sea Lion Avenue, Dimond Boulevard and Hemlock Avenue. Flood Zone: The lots are within the 100 Year Flood Zone AlO (AIO = "Areas of 100-year flood; base flood elevations and flood hazard factors determined"), as mapped by FEMA, per the Flood Insurance Rate Map (FIRM) panel #020012 0004 A and panel 3255 of 6375. The lots were impacted during the 1986 and the 1995 floods, as shown on the attached map. Contour lines with 1 foot intervals and the lines for the A and B FIRM zones are shown on the plat, as per: SCC 15.25.050, Provisions for flood hazard reduction (4) Subdivision proposals. "d. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals which contain 50 lots or five acres, or greater." CONSISTENCY CHECKLIST 1. Comprehensive Plan (2006) The Comprehensive Plan encourages: "3.7.3.2 Plan to relocate and rebuild selected city facilities to improve compatibility with land uses and increase cost-effectiveness of services. YES NO N/A .lL _ . Relocate the long-term care facility and the hospital to a site which will support expansion and modernization." 2. Strategic Plan (1999) l 3. Municipal Land Management Plan (1995) ..K- The Municipal Lands Management Plan recommendations are: Lot l1A: "Retain land ownership and continue use as a public park." Lot 12A: "Retain land ownership. Change land use plan and zoning to Park. Continue to develop and manage it as a campground, park and/or ball field (page 19)." RECOMMENDATION: Commission approve Resolution 2006-05, recommending approval of the Fort Raymond SubdivisioJl Replat No.3, a resubdivision of Lot llA and 12A Fort Raymond Replat No.1, situated in the East Y2 of protracted Section 34, Township 1 North, Range 1 West, Seward Meridian, Alaska, City of Seward, the Kenai Peninsula Borough in the Seward Recording District containing three (3) lots and approximately 16.334 acres, subject to the conditions specified: Conditions: 1. Obtaining a subdivision development agreement prior to recording of the plat shall be required, as per Seward City Code 16.05.015. q Plat note: 1. An additional plat note shall state: "Lots within this subdivision are subject to the City of Seward's Zoning and Land Use Regulations." 10 ./' """ /'" ~ LOT 13 FORT RAYMOND SUtID. REPLAT NO.1 """ - - .... """ HEMLOCK AVE. 60' RIW """ WCIItl III ...,.. .......- ..... .... ...... . w"!rIl:l:1'lIlw'n.r..-_/rllllln . :::. :0::-:..... _Mt . FOI.IIItI t 1/1' dkIrft. ...... .. 3713-1 ( )....... 4cIg NJ 11-12 WM1nIA'IrA DfSPnUI Plan. tor wa.tfttlt.' dlpollal that m..t ~tory requ....mllnt. en on fl. lit the o.partm..t at EnWonmMlaI Con...-.aUon. ..-- Lt._.. CERlIF'Il"-ln" OfF ~ ANn MnlC.t'IKW WI....-.,GIl'tff)' a.t............ ofh,........, ...- .. ~ '*- oM .. tI__,1IlIIIpt .. .... ., ........ .... ilr -- .... _MIlt....... 41 ~t8-of-"r .. pullllc_lII,...-.__IJ8't.. .......wlltt -- l' __Ji SEA LION A~. PLAT APPRnVAl NOTARV'S U"IBIIWI ~ .... ~-~~~ et -'fMIlIIIIef --::1 LOTTA FORT RAYMOND BUBD. REPLAT NO.1 tuna1Md and ..... .... _ ... _"".,_.2ClaI. 1Iy~"",,- ICEJfAl POINSU.A IOROUGH It, ~I"UDlIGNr1Mlo"'DI~ ...-- -- " liIlIlE5 l)~"""_",,,"""""""""be~ ..Ill__._........- ........._'.MDn_ '11lNJ,1II. 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Jil :s 'l: ~" ~~ ....~ 0"- '-.I'" ....;:: 0" ........~ /1 13 /4 ALASI<A RAILROAD CORPORATION COrporate Address: P.O. Box 107500, Anchorage, Alaska 99510 327 West Ship Creek Avenue, Anchorage, Alaska 99501 www.alaskarailroad.com Patrick Kelly, P .L.S. Real EstIlte OffICe Telephone: (907)265-2411 Fax Number: (907)265-2450 E-mail:ke1l1m@01crr.com , ' 1 Wednesday, March 01,2006 Malcolm Brown, Planner City of Seward P.O. Box 167 Seward, A.K 99664 Re: Resolution '2006-05 Replat & Resolution 2006-06 Rezone. Dear Malcolm; . The Alaska Railroad Corporation (ARRC) appreciates the opportunity to participate in the public review process for the above-mentioned replat and rezone. The ARRC supports the replat and rezoned but does have concerns about the planned facility and the impacts to the ARRC. . Our concern is how drainage will be dealt with considering the long-term care facility that is being built in Ii. designated flood hazard area. The Seward Highway currently maintains separation between drainages on each side of the highway and directs nmoff on the west side of the highway northerly into the Resurrection River or southerly into the Resurrection Bay. The proposed site will receive four to eight feet of fill and displace a significant area for drainage. The ARRC corridor and reserve lands on the east side of the Seward Highway are not set up for additional tnoutary drainage. Our concern is that the drainage from the neW facility will be diverted under the Seward Highway and onto ARRC lands. Please contact us with any comments, concerns, or questions at 265-241 I or kellyp@akrr.com. ' ~erely, ~~ ~Jlu- Patrick Kelly, P :L0 / I~ 03-02-06 From Carol Griswold CITY OF SEWARD lIAR! 2 2006 PlANNING OFFICE . 1i:U . - -1'1" RE: Resolution 2006-05, recommending City Council and Ke of the Fort Raymond Subdivision, Replat Number 3, a resubdivision of Lots llA & l2A Fort Raymond Subdivision Number 1. 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. Commissioners: Unresolved issues with this site selection that should have been considered and resolved a long time ago are now under your review. This preventable urgency puts tremendous pressure on the Commission to move forward with the proposed rezone, placing a much desired long term care facility in a high hazard floodplain by means of a possible illegal spot zone, that cuts one of Seward's few platted parks in half contrary to the Comp Plan. Good decisions are never made under pressure. All the unresolved issues must be addressed so we do not cause the LTC facility to be in jeopardy, either by funding, FEMA regulations, flooding hazard. or lawsuit. I have several concerns about the proposed rezone of Forest Acres Park. 1. As with all CUPs and rezones, there should be an automatic condition requiring that if the proposed use does not occur within a certain time, the permit or rezone shall be revoked and the property or use shall revert back to its previous state. If this is not already a condition, please consider adding it. 2. I have been in contact with Christy Miller, Certified Floodplain Manager for the State. She is very concerned about siting the Long Term Care Facility in a high hazard floodplain. According to Ms. Miller, the federal funding for the design phase may not even be an allowable cost since it puts the facility in harm's way. She recommended that the subdivision plat not be approved without topographic elevations, location of the BFE (Base Flood Elevation) on the plat, and drainage plan. I hope that her recommendations will be part of your consideration. 3. Please consider adding an amendment requiring that the Fort Raymond and Seward Sanatorium Memorials MUST be relocated and incorporated on-site, as they commemorate significant historic events that are particular to the site. The other memorial to Meggin Clancy is not site specific and could be moved to another Park location as approved by Parks and Rec and the memorial sponsors. 1 /(P 4. In 1996, the Alaska Supreme Court ruled that spot zoning is illegal and established three factors to consider when evaluating a rezone. I urge the Commission to establish findings in accordance with these factors to support your decision. I found that it was not consistent with the Comprehensive Plan; there are benefits and detriments to consider and weigh; and that rezoning 2.136 acres and leaving just 2.63 acres as park could be considered an illegal spot zone. These factors are: (I) the consistency of the amendment with the comprehensive plan; (2) the benefits and detriments of the amendment to the owners, adjacent landowners, and community; and (3) the size of the area 'rezoned." A. Factor 1: Consistency of the amendment with the Comprehensive Plan. As I do not have an approved version of the new Comp Plan, I am referring to the April 19, 2005 version. My comments are in [brackets]. I did not discover anything that supports vacating Forest Acres Park which is platted and zoned Park. Vol 1, page 6: (The updated plan will...) Preserve and enhance the town's best features. [The entrance to Forest Acres neighborhood is enhanced by the large, mature spruce trees fronting Forest Acres Park along Dimond Blvd, and should be preserved.] Vol I, page 8: (Accomplishments of201O Comprehensive Plan) Development of the BMX bicycle track on city land adjacent to Forest Acres Campground. [How can this accomplishment be demolished?] Vol I, page 10-11. (Community Values) Natural Environment and Open Space: We value natural open space... Vol 1: page 11 (Community Values) Recreation: We value diverse, year-round, indoor and outdoor recreational opportunities and facilities for residents and visitors of all ages and socioeconomic backgrounds. Implement the City of Seward Parks Master Plan [This plan supports retaining Forest Acres Park, not rezoning it to Institutional: Most recent Parks and Recreation Master Plan April 30, 1993 Mission Statement: ...The departmental staff is professionally committed to protecting, improving, and promoting the City of Seward park lands and natural resources. p 3 Goal Summary: Park Lands: Promote, improve, and protect park lands and natural resources. Designate additional park and recreation areas. p 6 Park Lands: 2 1'/ There is a fInite amount of land available within the Seward city limits for housing, businesses, .and for parks... It is imperative to acquire adequate land for future park development and to preserve the lands that are currently designated as parks. This will continue to be an issue as tourism grows and as available land becomes developed within the Seward city limits...p 9 Forest Acres Park is situated on land that is zoned Park; however, the campground is on lands zoned Institutional for public use. This was done to allow the possibility of the city shop to be placed in that area in the future. Since Seward does not have a multiple use city park with ball fIelds for the community, this would be a natural area to retain as park land. It should be developed with the "entrance to Seward" in mind, pleasing to the eye, making a positive statement about the town. p 9] Vol 1: page 11 (Community Values) Recreation: We value diverse, year-round, indoor and outdoor recreational opportunities and facilities for residents and visitors of all ages and socioeconomic backgrounds [continued] Support the development of the following infrastructure: bowling alley, ice hockey rink, bike trails, nature trails, and a golf course. [Nothing about destroying an existing tennislbasketball court and BMX bicycle tract currently in Forest Acres Park.] Vol 1, page 14, (Community Values) Land Development: We value orderly growth and balanced development that is driven by community consensus in conformance with the land use plan. [The land use plan shows Forest Acres Park intact.] Vol 1, page 19, (Goals, Objectives and Implementation Action Items) Land Use [There is nothing about rezoning a platted park.] Vol I, page 21 (Goals, Objectives and Implementation Action Items) Maintain community vision through rigorous implementation and update of the Comprehensive and Land Use Plans. [This does not include rezoning a platted park. The plan states review, update, and afftrm the Comp and Land Use Plan through public participation in town meetings, outreach to community groups, and increased public relations. Publishing the replat and rezone at a P&Z meeting where participants have only 2 minutes to speak is not a thorough public process. Emailed notice was sent Wednesday, Feb 22 for those receiving the Clerk's notices; the paper may publish an article in the only issue available, on Thursday, March 2, and the public hearing is scheduled for Tuesday, March 7, which does not permit time for letters to the editor or public discussion. This could be a violation of the Open Meetings Act to so minimally advertise such a signifIcant change in land use.] Vol I, page 25, Recreation: Improve existing and develop additional recreational infrastructure. Develop a landscape plan for city campgrounds that includes planting of native trees and shrubs...[not destruction.] Develop an acquisition strategy to identify and secure sufftcient and suitable public lands for parks...[not reduce parks.] 3 /5 Vol 1, page 29: Quality of Life Support community engagement programs that promote positive adult-youth relationships and activities that enhance health and well-being across the generations. [NOT by removing the tennis/basketball courts and BMX track.] Encourage the recognition, rehabilitation, and preservation of prehistoric and historic sites, transportation routes, trails, buildings, and artifacts. [The Fort Raymond and Seward Sanatorium memorials are located on this property. ] Volume II: page 27: Seward's Existing Zoning Districts: Parks District (P): Intended to designate park, recreation, and commemorative property owned by the city, state or federal governments for recreation and other compatible public purposes. Volume II, page 52: City Campgrounds: Forest Acres Park, 10 RVs, 30 Tents, estimated 1,500 campers per season. B. The benefits and detriments of the amendment to the owners, adjacent landowners, and community. As you know, there is a tennislbasketball court on this property, a BMX bicycle race track, and 3 monuments: the Fort Raymond Memorial, the Seward Sanatorium Memorial, and the Meggin Clancy Memorial. These are all of value to the community. While the monuments might be incorporated into the new long term care facility design, the recreational facilities which benefit our youth will be lost. A rough estimate of how much it would cost to build a new tennis court is about $24.000, but Parks and Rec does not know at this time where it has space to relocate it. In all likelihood, it would not be replaced. Similarly, the BMX track. The trade off of a benefit to our elders for a loss to our youth should be considered and mitigated if possible. Another detriment to the community is the loss of the Park as a welcoming, treed, buffer along Dimond Blvd between the residential neighborhood of Forest Acres and the highway and airport. The benefits and detriments analysis should be completed and considered for your findings. C. The size of the area "rezoned." Reclassification of parcels under 3 acres are nearly always found invalid, while reclassifications of parcels over 13 acres are nearly always found valid. (Robert M. Anderson, American Law of Zoning 3d, 5.15 at 379 cited in Griswold v. City of Homer, 925 P.2d 1015 at 1024) Best wishes, Carol Griswold 4 /1 Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2006-06 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL APPROVAL OF AMENDING THE LAND USE PLAN AND REZONING FROM PARK (P) TO INSTITUTIONAL (INS) OF THE SOUTH PORTION OF LOT llA, FORT RAYMOND SUBDIVISION REPLAT NO.1, WHICH WILL HAVE A LEGAL DESCRIPTION OF LOT llA-l, FORT RAYMOND SUBDIVISION REPLAT NO.3 (PLAT PENDING) WHEREAS, the City of Seward has requested an amendment of the Land Use Plan and rezoning for Park (P) to Institutional (INS) for a portion of the lot at the Forest Acres Park which is being resubdivided, and WHEREAS, the public notification process has been complied with. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends Ordinance 2006-_ be forwarded to City Council for approval. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7th day of March, 2006. THE CITY OF SEWARD, ALASKA :+0 Seward Planning and Zoning Resolution No. 2006-06 Page 2 Marianna Keil, Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) / cJ Sponsored by: Planninl! and Zonin!! Commission Introduction Date: Public Hearing Date: Enactment Date: CITY OF SEWARD, ALASKA ORDINANCE NO. 2006- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE LAND USE PLAN AND REZONING FROM PARK (P) TO INSTITUTIONAL (INS) THE SOUTH PORTION OF LOT llA-l, FORT RAYMOND SUBDMSION REPLAT NO.3 WHEREAS, the City of Seward has requested a rezone of the South portion of Lot llA-l from Park to Institutional to provide land for the Long Term Care Facility; and WHEREAS, the East portion of Lot llA-l and Lot 12A-l are already zoned Institutional; and WHEREAS, the properties to the East across the Seward Highway are zoned Industrial, properties to the West are Institutional, the property to the North is Park and the property to the South is Institutional; and WHEREAS, this rezone is not being made in order to benefit any particular individual or select group of individuals representing any particular special interests. This rezoning will be beneficial to the neighborhood and to the community at large and will sustain the health care needs of the community; and WHEREAS, the size of the land being rezoned is approximately 2.136 acres; and WHEREAS, the current designation on the Land Use Plan for the South portion of the Park is Park (P), therefore an amendment to the Land Use Plan to Institutional (INS) is needed; and WHEREAS, although changing the zoning of a portion of Forest Acres Park to Institutional is not supported in it's entirety by the Comprehensive Plan and the Municipal Lands Management Plan, the City can mitigate this limitation by replacing the amount of Park land at another location and by providing similar recreational facilities; and WHEREAS, the official maps described in SCC 15.01.030 will have to be amended from Park (P) to Institutional (INS) in response to this rezone and amendment of Land Use Plan; and , / J t City of Seward Ordinance No. 2006-xx Page 2 WHEREAS, the Planning & Zoning Commission has complied with public notice and hearing procedures for amending zoning and land use district designations, as required by Title 15; and WHEREAS, at their March 7th, 2006 meetings, the Planning and Zoning Commission reviewed the applications, held public hearings and recommended City Council approval of the proposed zoning amendment included in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The official Land Use Map of the City is hereby amended by changing the land use designation of the lots as displayed in Exhibit A attached hereto from Park (P) to Institutional (INS). Section 2. The official Zoning Map of the City is hereby amended by changing the zoning designation of Lot llA-l, Fort Raymond Subdivision Replat No.3, a resubdivision of Lot llA and 12A Fort Raymond Replat No.1, situated in the East Y2 of protracted Section 34, Township 1 North, Range 1 West, Seward Meridian, Alaska, City of Seward, the Kenai Peninsula Borough in the Seward Recording District, Township 1 North, Range 1 West, Seward Meridian from Park (P) to Institutional (INS) as shown on Exhibit B attached hereto. Section 3. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THIS DAY OF 2006. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor AYES: NOES: ABSENT: ABSTAIN: ~3 City of Seward Ordinance No. 2006-xx Page 3 J-+ ATTEST: Jean Lewis, CMC City Clerk (City Seal) P&Z Agenda Statement Meeting Date: March 7, 2006 ~ .....o~ SI2&.s;oCt ~~1b "~;:c~ ':~~~;.~,' q","" "'LAS><-\' Through: Clark Corbridge, City Manager Malcolm G. Brown, Planner ,q'~ From: Agenda Item: Amending the Land Use Plan and Rezoning from Park (P) to Institutional (INS) for the south portion of lot 11 A, Fort Raymond Subdivision Replat No.1, located in the south portion of the Forest Acres Park BACKGROUND & JUSTIFICATION: Attached for the Commission's review and recommendation to the Seward City Council is Resolution 2005-06 recommending City Council approval of the attached Ordinance 2006-XX which will amend the Land Use Plan and Rezone the south portion of Lot llA, Fort Raymond Subdivision Replat No. 1 from Park (P) to Institutional (INS) (see attached maps). A preliminary plat is also under review, when the plat is approved the area being considered for rezone will have a legal description of Lot 11 A-I. The City of Seward is requesting this rezone in order to provide land suitable for the relocation of the Long Term Care Facility (LTC). The land on the East border of Lot llA is already zoned Institutional, which is a type of zoning which allows for "housing, nursing, retirement, convalescent" with a conditional use permit (CUP), as per Table 15.10.225, Land Uses Allowed. The area will be bordered to the East by the Seward Highway and then further to the East by lands owned by the Alaska Railroad Corporation which is zoned Industrial, to the West by a land owned by the City of Seward and leased for use as the Army Recreation Camp which is zoned Institutional, to the North by a City owned Institutional parcel and Single Family Residential land, and to the South by City owned land dedicated for a satellite fire station and the land owned by the City leased for use as the Air Force Recreation Camp, both of which are zoned Institutional. The amount of land being considered for rezone is approximately 2.136 acres, which meets the minimum size required for a rezone, as per SCC 15.01.035, Amendments,(b) (3) "Except for an ordinance altering the boundaries of existing, contiguous zoning districts or an ordinance which brings a parcel into conformance with the land use plan, no ordinance altering zoning within the city shall be considered if the area encompassed by the proposed ordinance contains less than one acre, not including street or alley right- of-way." d5 In order for the lots to be rezoned, the underlying Land Use Plan will also have to be amended, as per SCC 15.05.020, Land Use Plan, Purpose. Currently, the Land Use Plan has Park (P) zoning for this area The Land Use Plan attached to the 2020 Seward Comprehensive Plan 92006) recommends this area remain Park. Recognizing that the primary concern of all land use regulatory actions, including zoning, is to promote public health, safety and general welfare, as per SCC 15.01.010, administration recommends this rezone for several reasons: 1. This rezone will provide more land for the health care needs of the community, specifically for the proposed Long Term Care Facility. The intent for the LTC is to have a campus like setting which will feature five buildings, versus one large structure. The campus setting promotes a "home" environment within a residential setting with landscape buffers between the adjacent roads, versus the traditional medical institutional setting. 2. While there are limitations involved with attempting to prioritize health care land use needs over the land use needs for recreational or any other activities, the community has a very limited selection of land available for a health care facility, whereas more options are available for land for recreational uses. 3. The Parks and Recreation features and memorials on the south portion of Lot 11A are beneficial to the community but are not necessarily site specific. If they can be reconstructed on a similar site and additional land can be designated for Parks, there will not be a net loss of Parks and Recreation features for the community. 4. While the Comprehensive Plan (2006) has many mentions of sustaining the parks within the community and continuing to provide recreational opportunities and the Land Use Plan (2006) recommends maintaining the Park status and the Municipal Lands Management Plan (1996) makes specific mention of maintaining the Park status and the Parks & Recreation Master Plan (1993) recommends designating additional park and recreation areas, the Comprehensive Plan also encourages improving the health care capacity of the community. Providing additional land for Park purposes will help to mitigate loss of Park capacity. Plans provide sound guidance for future actions, but they are living documents and as the needs of the community become more defmed for specific activities such as health care facilities, it is reasonable that more emphasis be placed on such items. It is also difficult to assign specific weights to the mentions of land uses when several types of land uses are compatible for an area. This is even more pronounced when the land uses are public uses, such as Parks and Institutional uses, neither of which involve particular benefit for a specific private landowner. Even though only 300 feet is required by the City Code, neighboring property owners within 500 feet of the area subject to review were notified of the proposed amendment to the Land Use Plan and the rezone in order to provide more opportunity for public involvement. ' /)Ip History: Historic zoning maps show that this area (Lot llA and Lot 12A) was zoned "Public District" as of October, 1982. The Public District appears to be the forerunner of the modern Institutional and Park Districts, as neither of those districts were in existence in 1982 and also because the Public District lands later became zoned as Park and Institutional. The hospital and other similar uses were in the Public Districts at that time. SCC 15.05.025. Land use districts-Established, definitions. (a) Established The city is hereby divided into land use districts which shall be bounded and defined as shown on the official land use map. This official map, together with all explanatory matter thereon, as exhibited at the time of public hearing, is hereby adopted by reference and declared to be a part of this chapter. (b) Definitions--Purpose. (11) Institutional district (INS). Public and private educational, administrative, government and health care uses, including public land reserve for future public development. The development standards are intended to set a high standard to assure that the activities provide visual amenity to the surrounding area. (12) Parks district (P). Is intended to designate park, recreation and commemorative property owned by the city, state or federal governments for recreation and other compatible public purposes. . YES NO N/A CONSISTENCY CHECKLIST 1. Comprehensive Plan (2006) ---X- _ The Comprehensive Plan supports expanding health care capacity in the community and sustaining/improving Parks and Recreational capacities. We value effective, accessible, and affordable healthcare (Health Care, Vol. I). Explore new long-term care facility (Vol. I). Support a range of housing choices that meet the needs of people in various income and age groups (3.3.1.1, Vol. I). Preserve and enhance the town's best features (1.2 Purpose of the Comprehensive Plan, Vol. I). Development of the BMX bicycle track on city land adjacent to the Forest Acres Campground (public Facilities and Services, Vol. I). We value natural open spaces and the scenic views of the surrounding undeveloped mountains (Natural Environment and Open Space, Vol. I). We value diverse, year-round, indoor and outdoor recreational opportunities and facilities for residents and visitors of all ages and socioeconomic backgrounds , Implement the City of Seward Parks Master Plan and encourage regular updating ';).,7 (Recreation. Vol. I). Sustain current zoning for city park lands (3.6, Recreation, Vol. I). We value orderly growth and balanced development that is driven by community consensus in conformance with the land use plan (Land Development Vol. I). 2. Land Use Plan (2006) _ .1L While this Plan does not support the rezoning, it can be amended based on new findings. 3. Strategic Plan (1999) -.lL _ _ The Strategic Plan supports recreational activities (pages 3 and 12) and this plan also sponsors maintaining and enhancing medical and social services (page 19). 4. Municipal Land Management Plan (1995) The Municipal Lands Management Plan recommendations are: Lot l1A: "Retain land ownership and continue use as a public park." Lot 12A: "Retain land ownership. Change land use plan and zoning to Park. and manage it as a campground, park and/or ball field (page 19)." .1L Continue to develop 5. Parks & Recreation Master Plan (1993) Promote, improve and protect park lands and natural resources. park and recreation areas (page 6). .1L Designate additional RECOMMENDATION: Commission approve Resolution 2006-06, recommending City Council approval of the attached Ordinance 2006-XX, Amending the Land Use Plan and Rezoning from Park (P) to Institutional (INS) the south portion of Lot lIA-l, Fort Raymond Subdivision Replat No.3. Jg I tS 'C +oJ (J) .- o C> c .- c o N ~ L- eo a.. ;1::J'/l -.; , ....r;~I.~ .I~... - --J'ol ::i'JU= !'.... ......u ~. ~ .~ Q ~ .~ ~ I\i i&' ~ .~ ~ .~ ~ -.$' North L 7 -$\{ -... ~ 41..~ <-:Y ~ 4.~ L CITY OF SEWARD P. o. Box 167 41 0 Adams Street Seward, Alaska 99664 Building & Engineering Dept. 907.224.4049 907.224.408.51"" eleaders@citvofseward.net Jiff(' MEMORANDUM TO: FROM: RE: Malcolm Brown, City Planner Tom Shepard, LTC Facility Project Coordinator Land Use Plan Amendment-Rezoning Application Lots 11A and 12A, Ft. Raymond Subdivision Reason for Rezoning; supplement to Rezoning Application 2/24/06 DATE: Reason for rezoning: The City of Seward is making the request to rezone the southern 5.85 acre portion of Lots IIA and 12A on the Ft. Raymond Subdivision Replat #1 to all Institutional from it current mix of Park and Institutional uses. The Seward City Council has listed the replacement of Seward's long-term care facility as its number one capital priority. Over the last couple of years there have been extensive studies and work sessions regarding the site selection of the LTC facility. Size, location, and City land ownership were the main drivers in the selection process. Lots llA and 12A of Fort Raymond Subdivision, Replat No.1 was the clear site of choice because it met all the attributes necessary for the LTC facility. The City's infrastructure committee recommended to council that the southerly portion of approximately 5 acres of both lots, 11 A and 12A, be utilized for the new LTC facility. This left in tact the campgrounds to the north that is located on the same lots. On July 13th, 2005, the City of Seward Council approved resolution 2005-65: 'approving the site selection location for the long-term care replacement facility, located on approximately five acres of city-owned property described as a portion of Lots 11A and 12A Fort Raymond Subdivision Replat No.1'. Approximately 5 acres is needed to incorporate the new Green House@ concept in long term care into the new site. The crux of the Green House@ concept is centered on developing a 'home' environment which begins in developing a campus. The intent is to provide a residential neighborhood by clustering the housing units and providing landscape buffers to the surrounding roads. This facility will comprise of 4 single story homes and a single story 'commons' building to provide support to the homes. Each home will accommodate 10 residents. The houses shall incorporate all the amenities of home, including private bedrooms, private bathrooms, community living room (Hearth), kitchen, dining, personal laundry room, exterior living space (patio) and other support spaces as storage and pantry. Other areas are provided to 30 accommodate services to the residents, including Physical Therapy, Office, Soiled Room and Clean Supply. The design of the house locates the kitchen as the center point of the house to allow the staff member to observe the Front Door, Hearth, Dining and the exterior patio. The service areas are located to accommodate easy access from the kitchen by the staff, but discourage access by the residents. This is a 180 degree turn from the past conventional methodology in long term care. This new approach is extremely effective in providing our elderly with the best care possible. This facility will be the first Greenhouse<ID in the state of Alaska and will most definitely be a model for other facilities in the state. On January 9th, 2006 Seward City Council endorsed Seward's Long-term care facility as an official Green House@ project and also selected a final site layout. For all of these reasons, staff feels this rezoning effort is critical to the success of this project. Seward Spring Creek Water Tank Engineering & Repair Work Page 2 of2 3( W ohlforth I Johnson I Brecht Cartledge I Brooking A PROFESSIONAL CORPORATION Eric A. Auten JullUl J. Brecht Cheryl Rawl. Brooking Cynthia L. Cartledge Michael Gatti Robert M. John.on Brldley E. Meyen Eric E. Wohllorth ATTORNEYS AT LAW eoo WEST 5TH AVENUE, SUITE 010 ANCHORAGE, ALASKA 1..01.204' Telephone 107.2711.8401 Flc.lmlle 107.278.5013 Web.11e www.ahtty.com MEMORANDUM FROM: Malcolm Brown, City Planner Brad Meyen, City Att.ome'f1~M March 2, 2006 TO: DATE: SUBJECT: Application of Griswold v. City of Homer to proposed rezoning action; Our File No. 4337.1026 You asked whether rezoning a parcel of City owned land from "Park" to "Institutional," with the intent to use the land for a long term care facility, would constitute improper spot zoning. Based on our understanding ofthe facts, we believe such rezoning would be valid. Furthermore, a decision to rezone publicly owned land is a legislative action that does not immediately and directly affect the rights of a particular private land owner. Cabana v. Kenai Peninsula Borouah, 21 P.3d 833,836 (Alaska 2001). Although variously defined, spot zoning generally involves creating a small zone use inconsistent with an existing surrounding use zone and which economically benefits the owner to the detriment of other land owners and the community, or lacks a reasonable public purpose. The Alaska Supreme Court in Griswold v. City of Homer, 925 P.2d 1015 (Alaska 1996), adopted three factors to help analyze whether a zoning change involves improper spot zoning. In determining whether a zoning ordinance constitutes spot zoning, the court "will consider (1) the consistency of the amendment with the comprehensive plan; (2) the benefrts and detriments of the amendment to the owners, adjacent land owners, and community; and (3) the size of the area 'rezoned.'" Id. at 1020. The review of whether a zoning action may be improper spot zoning is made on the facts and circumstances applicable to the particular change. It is important to remember that this is a balancing test and that, even if consideration of one factor raises concerns that a zoning action may be spot zoning, after taking all three factors into consideration, the zoning action may indeed be proper. 1:\Docs\433710261M2Brown re spot zonlng.wpd Page 1 3~ Malcolm Brown, City Planner Re: Application of Griswold v. City of Homer to proposed rezoning action Our File No. 4337.1026 March 2, 2006 Page 2 Consistency with the comprehensive plan: Griswold at 1021 states: "Just as an ordinance which complies with a comprehensive plan may still constitute an arbitrary exercise of a city's zoning power, . . . nonconformance with a comprehensive plan does not necessarily render a zoning action illegal." Seward City Code ("SCC") section 15.05.010 describes the Seward Comprehensive Plan ("Plan"): "The plan is a public declaration of policies reflecting community goals as expressed by citizens, and is meant to guide the actions of elected officials in setting forth the goals, objectives, and policies governing the future development within the city." Review of the Plan in accordance with a proposed change is important at each stage of the process. However, ultimately, zoning actions are enactments ofthe legislative body, the City Council. Such plans provide guidance to the City Council but do not necessarily mandate specific action. The Plan itself may be changed to reflect the proposed zoning change or changing community needs. At issue is a proposal to rezone a parcel of City owned land from Parks to Institutional, located adjacent to other Institutional land. The Institutional zoning district includes government and health care uses. The Parks district allows recreation and other compatible public purposes. SCC section 15.05.025(b)(11)(12). Note that a facility for housing, nursing, retirement, and convalescent care requires a conditional use permit even in Institutional areas. SeniorfTeen Centers and Community/Civic Centers are allowed as conditional uses in areas zoned Parks. SCC table 15.10.225. Under certain circumstances, the two zones may not be all that dissimilar after weighing all factors. There may be some discussion needed as to whether the proposed rezoning would be consistent with the City's current Plan because the Plan encourages Park zoning for this area but also encourages improving the community's health care capacity. According to Griswold, even if the rezone is found not to comply with the Plan, such finding would not necessarily render the rezone invalid. Effect of small-parcel zoninQ on private land owner and the community: ,. Griswold at 1 022 states: "Perhaps the most important factor in determining whether a small-parcel zoning amendment will be upheld is whether the amendment provides a benefit to the public, rather than primarily a benefit to a private owner." 1:\Docs\43371026\M2Brown ra spot zoning.wpd Page 2 33 Malcolm Brown, City Planner Re: Application of Griswold v. City of Homer to proposed rezoning action Our File No. 4337.1026 March 2, 2006 Page 3 The Griswold decision involved private land. In the present matter, the City (and therefore the public) is the owner of the land to be rezoned as well as the adjacent land. Private land is not involved. For this reason, the primary question is whether there is a reasonable basis to support a finding of public benefit for the zoning action. The City Council has determined that the presence of a long-term care facility serves an important public health, safety, and general welfare purpose. The proposed use following rezoning benefits the interests of the general community rather than the interest of any private party. There is no primary benefit to a private land owner. Not only will the construction of the proposed facility on City land provide substantial public benefits, it is an important part of maintaining other health care facilities in the City which the City Councit has determined greatly benefit the public. White the loss of a portion of land designated Park zoning is a policy consideration, the identified substantial public benefits and the fact that the City owns the land to be rezoned (and the adjacent Institutional zoned land as well) should not be overlooked. Size of rezoned area: The Griswold case is not definitive in determining what size of reclassified area indicates spot zoning: "We believe that the relationship between the size of reclassification and a finding of spot zoning is properly seen as symptomatic rather than casual, and thus that the size of the area rezoned should not be considered more significant than other factors in determining whether spot zoning has occurred. A parcel cannot be too large per se to preclude a finding of spot zoning, nor can it be so small that it mandates a finding of spot zoning." Id. at 1024. Although this language does not provide much help with the analysis, one important consideration in this case may be that the rezone does not create an island for the rezoned property. It is actually adjacent to an area that is already zoned Institutional on several sides and does not change the zoning to benefit any particular private land owner. In citing to South AnchoraQe Concemed Coalition v. Coffey, 862 P.2d 168,174 (Alaska 1993), the Griswold court found its comparison of the size of the area rezoned was "not in itself sufficient to persuade us that the City's decision was the product of prejudice, arbitrary decision-making, or improper motives" The size of the parcel may also not be at issue in the present situation because private land is not being rezoned and the rezone purpose is by its very nature benefitting a public purpose. A thorough public review of the proposed change to City owned land 1:IDocs\43371026\M2Brown re spot zoning.wpd Page 3 3~ Malcolm Brown, City Planner Re: Application of Griswold Y. City of Homer to proposed rezoning action Our File No. 4337.1026 March 2. 2006 Page 4 . may lessen the need to consider whether the size of the parcel to be rezoned is an indication that the legislative decision will be the "product of prejudice, arbitrary decision-making, or improper motives" which may otherwise be a concern when a small parcel of private land is involved. As stated by the court, "not all small-parcel zoning is illegal." Griswold at 1020. 1:\DocsI433710261M2Brown Ie spol zonlng.wpd Page 4 35 ALASI<A RAILROAD CORPORATION COrporate Address: P.O. Box 107500, Anchorage, Alaska 99510 327 West Ship Creek Avenue, Anchorage, Alaska 99501 www.alaskarailroad.com Patrick Kelly, P.L.S. Real Estate OffICe Telephone: (907)265-2411 Fax Number: (907)265-2450 E_maJJ:kt>.lI~krr.com Wednesday, March 01,2006 Malcolm Brown, Planner City of Seward P.O. Box 167 Seward, AK 99664 Re: Resolution 2006-05 Rep1at & Resolution 2006-06 Rezone. Dear Malcolm; . The Alaska Railroad Corporation (ARRe) appreciates the opportunity to participate in the public review process for the above-mentioned replat and rezone. The ARRC supports the replat and rezoned but does have concerns about the planned facility and the impacts to the ARRC. . Our concern is how drainage will be dealt with considering the long-term care facility that is being built in Ii designated flood hazard area. The Seward Highway currently maintains separation between drainages on each side of the highway and directs runoff on the west side of the highway northerly into the Resurrection River or southerly into the Resurrection Bay. The proposed site will receive four to eight feet of fill and displace a significant area for drainage. The ARRC corridor and reserve lands on the east side of the Seward Highway are not set up for additional tributary drainage. Our concern is that the drainage from the new facility will be diverted under the Seward Highway and onto ARRC lands. Please contact us with any comments, concerns, or questions at 265-2411 or k:ellyp@.akrr.com. ~~ ~/Ill- Patrick Kelly, P ~L~ 3lo 03-02-06 From Carol Griswold CITY OF SEWARD MAR! 2 2006 PLANNING OFFICE lal .c -0- -r r RE: Resolution 2006-05, recommending City Council and Ke of the Fort Raymond Subdivision, Replat Number 3, a resubdivision of Lots 11A & 12A Fort Raymond Subdivision Number 1. 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 11A, Fort Raymond Subdivision Replat Number 1. Commissioners: Unresolved issues with this site selection that should have been considered and resolved a long time ago are now under your review. This preventable urgency puts tremendous pressure on the Commission to move forward with the proposed rezone, placing a much desired long term care facility in a high hazard floodplain by means of a possible illegal spot zone, that cuts one of Seward's few platted parks in half contrary to the Comp Plan. Good decisions are never made under pressure. All the unresolved issues must be addressed so we do not cause the LTC facility to be in jeopardy, either by funding, FEMA regulations, flooding hazard, or lawsuit. I have several concerns about the proposed rezone of Forest Acres Park. 1. As with all CUPs and rezones, there should be an automatic condition requiring that if the proposed use does not occur within a certain time, the permit or rezone shall be revoked and the property or use shall revert back to its previous state. If this is not already a condition, please consider adding it. 2. I have been in contact with Christy Miller, Certified Floodplain Manager for the State. She is very concerned about siting the Long Term Care Facility in a high hazard floodplain. According to Ms. Miller, the federal funding for the design phase may not even be an allowable cost since it puts the facility in harm's way. She recommended that the subdivision plat not be approved without topogrll-phic elevations, location of the BFE (Base Flood Elevation) on the plat, and drainage plan. I hope that her recommendations will be part of your consideration. 3. Please consider adding an amendment requiring that the Fort Raymond and Seward Sanatorium Memorials MUST be relocated and incorporated on-site, as they commemorate significant historic events that are particular to the site. The other memorial to Meggin Clancy is not site specific and could be moved to another Park location as approved by Parks and Rec and the memorial sponsors. 1 37 4. In 1996, the Alaska Supreme Court ruled that spot zoning is illegal and established three factors to consider when evaluating a rezone. I urge the Commission to establish fmdings in accordance with these factors to support your decision. I found that it was not consistent with the Comprehensive Plan; there are benefits and detriments to consider and weigh; and that rezoning 2.136 acres and leaving just 2.63 acres as park could be considered an illegal spot zone. These factors are: (1) the consistency of the amendment with the comprehensive plan; (2) the benefits and detriments of the amendment to the owners, adjacent landowners, and community; and (3) the size of the area 'rezoned." A. Factor 1: Consistency of the amendment with the Comprehensive Plan. As I do not have an approved version of the new Comp Plan, I am referring to the April 19, 2005 version. My comments are in [brackets]. I did not discover anything that supports vacating Forest Acres Park which is platted and zoned Park. Vol 1, page 6: (The updated plan will...) Preserve and enhance the town's best features. [The entrance to Forest Acres neighborhood is enhanced by the large, mature spruce trees fronting Forest Acres Park along Dimond Blvd, and should be preserved.] Vol 1, page 8: (Accomplishments of 20 10 Comprehensive Plan) Development of the BMX bicycle track on city land adjacent to Forest Acres Campground. [How can this accomplishment be demolished?] V 011, page 10-11. (Community Values) Natural Environment and Open Space: We value natural open space... Vol 1: page 11 (Community Values) Recreation: We value diverse, year-round, indoor and outdoor recreational opportunities and facilities for residents and visitors of all ages and socioeconomic backgrounds. Implement the City of Seward Parks Master Plan [This plan supports retaining Forest Acres Park, not rezoning it to Institutional: Most recent Parks and Recreation Master Plan April 30, 1993 Mission Statement: ...The'departmental staff is professionally committed to protecting, improving, and promoting the City of Seward park lands and natural resources. p 3 Goal Summary: Park Lands: Promote, improve, and protect park lands and natural resources. Designate additional park and recreation areas. p 6 Park Lands: 2 38 There is a finite amount of land available within the Seward city limits for housing, businesses, .and for parks... It is imperative to acquire adequate land for future park development and to preserve the lands that are currently designated as parks. This will continue to be an issue as tourism grows and as available land becomes developed within the Seward city limits...p 9 Forest Acres Park is situated on land that is zoned Park; however, the campground is on lands zoned Institutional for public use. This was done to allow the possibility of the city shop to be placed in that area in the future. Since Seward does not have a multiple use city park with ball fields for the community, this would be a natural area to retain as park land. It should be developed with the "entrance to Seward" in mind, pleasing to the eye, making a positive statement about the town. p 9] Vol 1: page 11 (Community Values) Recreation: We value diverse, year-round, indoor and outdoor recreational opportunities and facilities for residents and visitors of all ages and socioeconomic backgrounds [continued] Support the development of the following infrastructure: bowling alley, ice hockey rink, bike trails, nature trails, and a golf course. [Nothing about destroying an existing tennislbasketball court and BMX bicycle tract currently in Forest Acres Park.] Vol 1, page 14, (Community Values) Land Development: We value orderly growth and balanced development that is driven by community consensus in conformance with the land use plan. [The land use plan shows Forest Acres Park intact.] Vol 1, page 19, (Goals, Objectives and Implementation Action Items) Land Use [There is nothing about rezoning a platted park.] Vol 1, page 21 (Goals, Objectives and Implementation Action Items) Maintain community vision through rigorous implementation and update of the Comprehensive and Land Use Plans. [This does not include rezoning a platted park. The plan states review, update, and affirm the Comp and Land Use Plan through public participation in town meetings, outreach to community groups, and increased public relations. Publishing the replat and rezone at a P&Z meeting where participants have only 2 minutes to speak is not a thorough public process. Emailed notice was sent Wednesday, Feb 22 for those receiving the Clerk's notices; the paper may publish an article in the only issue available, on Thursday, March 2, and the public hearing is scheduled for Tuesday, March 7, which does not permit time for letters to the editor or public discussion. This could be a violation of the Open Meetings Act to so minimally advertise such a significant change in land use.] Vol 1, page 25, Recreation: Improve existing and develop additional recreational infrastructure. Develop a landscape plan for city campgrounds that includes planting of native trees and shrubs...[not destruction.] . Develop an acquisition strategy to identify and secure sufficient and suitable public lands for parks... [not reduce parks.] 3 ~q Vol 1, page 29: Quality of Life Support community engagement programs that promote positive adult-youth relationships and activities that enhance health and well-being across the generations. [NOT by removing the tennislbasketball courts and BMX track.] Encourage the recognition, rehabilitation, and preservation of prehistoric and historic sites, transportation routes, trails, buildings, and artifacts. [The Fort Raymond and Seward Sanatorium memorials are located on this property. ] Volume II: page 27: Seward's Existing Zoning Districts: Parks District (P): Intended to designate park, recreation, and commemorative property owned by the city, state or federal governments for recreation and other compatible public purposes. Volume II, page 52: City Campgrounds: Forest Acres Park, 10 RVs, 30 Tents, estimated 1,500 campers per season. B. The benefits and detriments of the amendment to the owners, adjacent landowners, and community. As you know, there is a tennislbasketball court on this property, a BMX bicycle race track, and 3 monuments: the Fort Raymond Memorial, the Seward Sanatorium Memorial, and the Meggin Clancy Memorial. These are all of value to the community. While the monuments might be incorporated into the new long term care facility design, the recreational facilities which benefit our youth will be lost. A rough estimate of how much it would cost to build a new tennis court is about $24.000, but Parks and Rec does not know at this time where it has space to relocate it. In all likelihood, it would not be replaced. Similarly, the BMXtrack. The trade off of a benefit to our elders for a loss to our youth should be considered and mitigated if possible. Another detriment to the community is the loss of the Park as a welcoming, treed, buffer along Dimond Blvd between the residential neighborhood of Forest Acres and the highway and airport. The benefits and detriments analysis should be completed and considered for your findings. C. The size of the area "rezoned." Reclassification of parcels under 3 acres are nearly always found invalid, while reclassifications of parcels over 13 acres are nearly always found valid. (Robert M. Anderson, American Law of Zoning 3d, 5.15 at 379 cited in Griswold v. City of Homer, 925 P.2d 1015 at 1024) Best wishes, Carol Griswold 40 4 Sponsored by: Planning and Zoning Commission CITY OF SEWARD, ALASKA PLANNING AND WNING COMMISSION RESOLUTION 2006-07 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING THAT THE SEWARD CITY COUNCIL AMEND SEWARD CITY CODE PARKING REQUIREMENTS 15.10.215 TO ENSURE COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT WHEREAS, the Planning and Zoning Commission has requested an amendment be made to the Parking Code; and WHEREAS, the accessible parking requirements as required by the City Code are not in compliance with the Americans with Disabilities Act; and WHEREAS, providing proper dimensions for this type of parking will contribute to the orderly development of property within the community; and WHEREAS, amending the Seward City code by adopting the parking requirements of the Americans with Disabilities Act will make the City's parking requirements consistent with Federal standards; and WHEREAS, the public notification process has been complied with. NOW, THEREFORE, BE IT RESOLVED by the Seward and Planning Zoning Commission that: Section 1. The Commission recommends Ordinance 2006-XX be forwarded to City Council for approval. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7th day of March, 2006. Lfl AYES: NOES: ABSENT: ABSTAIN: (City Seal) , , r. f....i' ,(1- THE CITY OF SEWARD, ALASKA Marianna Keil, Chair ATTEST: Jean Lewis, CMC City Clerk Sponsored by: Plannin!!: and Zonin!!: Commission Introduction Date: Public Hearing Date: Enactment Date: CITY OF SEWARD, ALASKA ORDINANCE 2006- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMEND SEWARD CITY CODE PARKING REQUIREMENTS 15.10.215 (0) HANDICAPPED PARKING TO ENSURE COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT WHEREAS, the Planning and Zoning Commission has requested an amendment be made to the Parking Code; and WHEREAS, the accessibility parking requirements as required by the City Code are not in compliance with the Americans with Disabilities Act; and WHEREAS, providing proper dimensions for this type of parking will contribute to the orderly development of property within the community; and WHEREAS, amending the Seward City Code by adopting the parking requirements of the Americans with Disabilities Act will make the City of Seward's parking requirements consistent with Federal standards; and WHEREAS, the certified minutes and public records of the Planning and Zoning Commission proceedings have been provided to the City Council. NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF SEWARD ORDAINS that: Section 1. The Seward City Code is hereby amended to read as follows: 15.10.215. (0) Handicavved Parkinfl Reauirements is hereby amended as follows (Strikethroughs = deletions and are bold, Underline = additions and are bold): (e) Hlllfdiapped plll'king. The fellawiBg miBimum eft' street haBdieapped parliiBg faeilities shaD he previded. HaBdieapped spaees shaD he at least 12 feet wide. Eaeh spaee shall he desigBllted as reserved fer ph:rsieally haDdieapped iBdMduals. }.1I haBdieltpped spaees shall he withiB 200 feet af aD eDmaDee that is aeeessihle te haadieltpped iRdiwiduals if OBe is required. 43 TABLE INSETs Total Spaees iR PaFlaag "".~Fea DaRdieapped Spaees RellUiFed 8 2S ~ 16 60 ~ 60 90 ~ 90 120 4- Over 120 S- (0) Accessible parkin!!. All parkin!! requirements of the Americans with Disabilities Act shall be complied with. Section 2. The above recitals are incorporated herein by reference. Section 3. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THIS _ DAY OF , 2006. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor AYES: NOES: ABSENT: ABSTAIN: ATIEST: Jean Lewis, CMC City Clerk (City Seal) ~4 P&Z Agenda Statement Meeting Date: March 7, 2006 Clark Corbridge, City Manager dJ. 2 -lH-or, Malcolm G. Brown, Planner pH'.-tItt--- r ot'Sf:1s; $~1J ~:,;,:. ~!S'.~, "'(4~"'P': Through: From: Agenda Item: Amending the Parking Code to ensure compliance with the Americans with Disabilities Act BACKGROUND & JUSTIFICATION: The Planning and Zoning Commission has been discussing amendments to the Parking Code requirements contained in the Seward City Code, 15.10.215. Staff and commissioners have received numerous inquiries from members of the public about the functionality of the present requirements. Parking has been an ongoing concern of the commission; parking is always addressed during the Conditional Use Permit process and was an action item in the 2020 Seward Comprehensive Plan (2006). The handicapped parking requirements in the Seward City Code do not require the same dimensions and level of detail as found in the parking requirements of the Americans with Disabilities Act (ADA). In order for the City Code to be in compliance with ADA, the Code needs to be amended to adopt ADA parking standards. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (2006) l The Comprehensive Plan makes numerous mention of improving parking. 2. Strategic Plan (1999) The Strategic Plan does not address this issue. l RECOMMENDATION: Commission approve Resolution 2006-07, which recommends Council amend the Seward City Code Parking Requirements 15.10.215 to ensure compliance with the Americans with Disabilities Act. ~5' Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND WNING COMMISSION RESOLUTION 2006-08 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, AMENDING CONDITIONAL USE PERMIT, ISSUED BY P&Z RESOLUTION 97-03 TO ALLOW THE SEWARD ASSOCIATION FOR THE ADVANCEMENT OF MARINE SCIENCE (SAAMS) (COMMONLY KNOWN AS ALASKA SEALIFE CENTER) TO INSTALL AND OPERATE A DOCK FOR TOUR BOAT OPERATION WHEREAS, the Seward Association for the Advancement of Marine Sciences (SAAMS) has applied for a land use activity which shall require an amendment to their Conditional Use Permit from the Seward Planning and Zoning Commission for an expansion of their operation to include a floating dock and boat tours at Tract 2A, Waterfront Tracts and on a portion of the adjacent Alaska Tidelands Survey 174; and WHEREAS, SAAMS wishes to provide another option for visitors who want more exposure to the marine environment; and WHEREAS, providing boat tours from this location can contribute to the economic and social vitality of both the Alaska SeaLife Center and the downtown area; and WHEREAS, the property is located in the Central Business Zoning District; and WHEREAS, having complied with the public notification process, on March 7, 2006 the Seward Planning and Zoning Commission held the required public hearing on the Conditional Use Permit application. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. According to SCC 15.10.320.D., the Commission shall establish a fmding that the use satisfies the following conditions prior to granting a conditional use permit: A. The use is consistent with the purpose of this chapter (the Seward Zoning Code) and the purposes of the zoning districL Finding: This condition has been met. The property is zoned Central Business District (CBD) The Central Business District Zoning District provides an area for "convenient, attractive, concentrated commercial development primarily intended for 4~ Seward Planning and Zoning Commission Resolution No. 2006-08 Page 2 of 4 retail, financial, entertainment and professional services occurring within enclosed structures. Regulations applying to this zone are designed to encourage a compact group of businesses of the type which are mutually beneficial and located close enough together to encourage walk-in trade, SCC 15.05.025(9).". Providing an additional visitor service enhances retail and other commercial activity in the area. Although a dock is a use which is allowed outright in the CBD, Condition number 7 of the CUP issued to SAAMS and most recently amended via P&Z Resolution 97-03 specifies that "future expansion plans shall be subject to P&Z review and approval." The addition of a dock and tour boat operations qualifies as an expansion and is therefore subject to Planning Commission review. B. The value of adjoining property will not be significantly impaired Finding: No significant impacts are anticipated to the uplands properties. The impacts of a private dock and boat tours on publicly owned and used tidelands could have on recreational and sport fishing uses of the tidelands might need further review and public comment. C. The proposed use is in harmony with the Seward Comprehensive Plan. Finding: Not determined at this time. Seward 2020 Comprehensive Plan (2006) Stratel!ic Plan (1999) D. Public Services andfacilities are adequate to serve the proposed use. Finding: The proposed activity will not need water, sewer or electricity. E. The proposed use will not be harmful to the public safety, health or welfare. Finding: This use may need further research, particularly concerning parking needs. F. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions shall be met by the applicant. These may include but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. 1. Modifications to the site plan dated February 11, 2006, which was approved by the Commission as a supporting document for this amendment to the Conditional Use Permit, shall be approved by staff or the Commission prior to implementation. 2. The portion of the tidelands requested for lease shall have a proper legal description prior to entering into the lease. 41 Seward Planning and Zoning Commission Resolution No. 2006-08 Page 3 of 4 3. There shall be no encroachments, above or below ground, on any public utility easements. 4. The use of the tidelands for a dock and boat shall be done in a manner which minimizes conflicts with public use of the beach and tidelands. 5. Modification of fmal 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. Section 2. The Planning and Zoning Commission fmds that the proposed use, subject to the above conditions satisfies the criteria for granting an amendment to the conditional use permit issued to Seward Association for the Advancement of Marine Sciences provided the conditions listed on Section 1, Subsection F are met by the applicant:, and authorizes the administration to issue an amended conditional use permit to the Seward Association for the Advancement of Marine Sciences to allow for a floating dock and tour boat operations at Tmct 2A, Waterfront Tracts and the adjacent portion of Alaska Tidelands Survey 174, subject to the above conditions. Section 3. The Planning and Zoning Commission fmds that adherence to the conditions of this permit is paramount in maintaining the intent of Seward City Code Section 15.10.320, Conditional Use Permits, and authorizes the administration to issue an amended conditional use permit. Additionally, the administration shall periodically confirm the use conforms to the standards of its approval. Section 4. This resolution shall take effect 10 days following its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7th day of March, 2006. THE CITY OF SEWARD Marianna Keil, Chair ~~ Seward Planning and Zoning Commission Resolution No. 2006-08 Page 4 of 4 AYES: NOES: ABSENT: ABSTAIN: (City Seal) ATfEST: Jean Lewis, CMC City Clerk 4q P&Z Agenda Statement Meeting Date: March 7, 2006 r o~ SE'lt; ~'<'1> :- ~~", ~ 0 " "', ......'.. '1 . "~~,,~. ~".;'''~~ <If...s,c.l> Through: Clark Corbridge, City Manager Malcolm G. Brown, Planner~..N--' From: Agenda Item: The Seward Association for the Advancement of Marine Science request to install and operate a floating dock for tour boat operations BACKGROUND & JUSTIFICATION: The Seward Association for the Advancement of Marine Science (SAAMS) has applied for an amendment to their Conditional Use Permit (CUP) in order to install and operate a floating dock and tour boat operation on City owned tidelands they wish to lease. Although a "Dock, passenger" is allowed as a use permitted "Outright" in the Central Business District (CBD) Zoning District, as per Seward City Code (SCe) Land Uses Allowed Table 15.10.225, their CUP, which was most recently amended in 1997 via P&Z Resolution 97-03 carried forward the following condition: "7. Future expansion plans shall be subject to P&Z review and approval". Therefore, the present request is being evaluated within the authority of the Planning Commission's Conditional Use Permit land use regulatory process. The intent of staff when reviewing every Conditional Use Permit application is to carry out research which attempts to identifY and mitigate potential impacts to the adjacent properties, the neighborhood and the community at large. This type of research enables staff to make well researched recommendations to the Planning Commission. Staff has not been able to do adequate research for this request at this time, and is therefore not able to make recommendations to approve, modifY or deny any of the proposed activities. The lack of research is due to a combination of factors: accepting the application two days after the deadline established by the Planning Commission for submission of public hearing items, the complexity of the substantial and significant differences existing when a private and commercial enterprise (Alaska Northern Outfitters) is operating as a partner of a non-profit entity (SAAMS), the need to do further research on navigability issues within tidelands and the nature of the ongoing relationship between the City of Seward and SAAMS established by the lease for the land and the Alaska SeaLife Center structure. The Resolution is constructed in such a manner that the Commission could approve the amendment, if sufficient findings can be made. The Commission is encouraged to -50 thoroughly review and discuss their findings if the intent is to approve the Resolution at the March 7th meeting. The rest of the information presented in this agenda statement is descriptive and is provided to facilitate the review process. Public input: At the time of publication of this report, staff had not received any written communications. One business had requested to review the application and was supplied with copies. Surrounding Land Use and Zoning: Tract 2A Waterfront Tracts is located within the Central Business District, a district which is intended to provide an area "of convenient, attractive, concentrated commercial development primarily intended for retail, financial, entertainment and professional services occurring within enclosed structures. Regulations applying to this zone are designed to encourage a compact group of businesses of the type which are mutually beneficial and located close enough together to encourage walk-in trade, SCC 15.05.025(9)." The land to the East is used for Parks, the land to the North is primarily used for retail, offices and restaurants and the land to the West is used by the Institute for Marine Sciences. Parking: One concern is that adequate parking be provided. Staff has not had time to review potential parking impacts. Development requirements: The applicant shall be required to comply with all applicable permit requirements, including a building permit if necessary. Floodplain status: According to the FEMA Flood Insurance Rate Map, the tidelands property is located in a Coastal Velocity zone. Staff will check with the State Floodplain Administrator to see if a Floodplain Development Permit will be required for the dock. Drainage: Staff does not anticipate any impact on drainage due to this activity. Landscaping: Staff does not consider that this activity will cause any additional landscaping needs. Utilities: The property is served by existing public utilities and developed streets. The applicants have stated that their dock will not need electricity, water or sewer. Location: Tract 2A, Waterfront Tracts and an adjacent portion of Alaska Tidelands Survey 174 Size: 79,451 square feet of tidelands, as per the site plan Zoning: not zoned Central Business District (CBD) for the uplands; the tidelands are Existing Use: The Alaska SeaLife Center is used for marine research, marine related outreach, marine education, visitor tours and retail activities. 5{ Proposed Use: A private floating dock to support boat tours of approximately two hours several times per day, for a maximum of fifty (50) passengers. CONSISTENCY CHECKLIST: Yes No 1. Comprehensive Plan ( 2006) Staffhas not adequately researched this plan at this time. 2. Strategic Plan (1999) Staff has not adequately researched this plan at this time. 3. Municipal Lands Management Plan (1995) Staff has not adequately researched this plan at this time. RECOMMENDATION: Staff recommends that the Commission approve Resolution 2006-08 if sufficient findings to provide mitigation for anticipated impacts to the area and the community at large are developed. 52- . Alaska Sea Life Centero CITY OF SEWARD windoUJs to the sea FEB 1 6 2006 February 15, 2006 PlANNING OffiCE Mr. Malcolm Brown City Planner Community Development Department City of Seward P.O. Box 167 Seward, AK 99664 Re: SAAMS' October 11, 2005 Request to Lease Tidelands Request for information for March 7, 2006 P&Z Commission Meeting Packet Dear Malcolm: I am pleased to provide the following information for the Planning and Zoning Commission meeting packet requested by City Manager Corbridge in his February 9, 2006 letter. I will address each line item individually: 1. Request: A scale drawing showing the vessel at the dock you propose to build, with a notation somewhere in the documentation about the tonnage, length and passenger capacity of the vessel. (This could either be as part of, or in addition to the site plan.) Response: SAAMS wishes to provide seasonal tours of approximately two hours duration inside Resurrection Bay aboard a vessel departing from the Alaska SeaLife Center that will compliment the educational experience of visitors to the Center. It is SAAMS intention that the Tour occupies a distinct market niche characterized by its low cost, short duration, confinement to Resurrection Bay, and use of vessels with a maximum capacity of 50 passengers. SAAMS expects the Tour to generate sufficient revenue in the form of a passenger fee and commissions on the sale of tickets sold to cover SAAMS' costs. SAAMS does not desire itself to enter the vessel tour business an accordingly SAAMS has contracted with Alaska Northern Outfitters, a local qualified vessel operator, to operate the Tour. SAAMS as granted a ten-year license and concession agreement to Alaska Northern Outfitters, dba, Alaska Coastal Tours, to occupy and use the existing shoreside improvements owned by SAAMS at the Alaska SeaLife Center, with the requirement that Alaska Northern Outfitters construct, own, install, and maintain the floating dock and ramp from which the tours will be 301 Railway Avenue. P.O. Box 1329 . Seward. Alaska 99664 Phone (907) 224-6300 . Fax (907) 224-6320 www.alaskasealife.org .63 Mr. Malcolm Brown February 15, 2006 Page 2 conducted. The Agreement between SAAMS and Alaska Northern Outfitters is for the tours to commence June 1, 2006 and throughout the months of June, July, and August to offer three tours daily over the term of the Agreement. The tours are being offered and marketed as an Alaska SeaLife Center concession; will be jointly marketed and sold by SAAMS and Alaska Northern Outfitters; and the Alaska SeaLife Center will assign at least one employee to be aboard the vessel during each tour to lead the narration and interpretation during the tour, assisted by the vessel's skipper and Coast Guard-required crew. Enclosed are: (1) a survey of the parcel of tidelands showing the proposed floating dock layout with the tour boat shown at approximate scale along the port side of the dock; (2) a profile of the proposed floating dock and ramp showing the tour boat at approximate scale; (3) a copy of the Plan List for the 46'x18' Catamaran currently under construction by Armstrong Marine in Port Angeles, Washington. The boat has a passenger capacity of 49 with a completion date not later than May 1, 2006 and delivery in Seward not later than May 15, 2006. 2. Request: If the planned utilities are not shown on the site plan, a written statement about the planned utilities, including the electric load anticipated, the daily water use and the number of individuals using the facilities requiring sewer service. Response: No additional utilities from the City of Seward are required. The existing building on the SAAMS' leased property designed for the accommodation of passengers embarking to and from the floating dock had electrical service provided from a sub-panel with the Alaska SeaLife Center. A licensed electrical contractor will be reinstalling the electrical service to the existing building. There is no water or sewer service required at the building. Passengers taking the boat tour will be accommodated by the restroom facilities within the Alaska SeaLife Center. 3. Request: A bar graph of other document laying out you planned development timeline. Response: A development timeline schedule is enclosed. 4. Request: A detailed proposal for the fees involved in your proposed operation, including: a. Passenger fees to the SeaLife Center proposes collecting for and remitting to the City. 51 Mr. Malcolm Brown February 15, 2006 Page 3 b. Passenger fees you propose collecting and keeping or sharing with any entity other than the City. c. Any other fees involved in the proposed operation (for example, the lease fee which ASLC anticipates paying to the City). Response: We understand your first question is specific to the City's Passenger Transit Fee that is collected and remitted to the city from passengers utilizing the city floats and docks in the Small Boat Harbor. The Passenger Transit Fee (currently $3.50/per passenger) will be collected and remitted to the City at those times the Alaska SeaLife Center Boat Tour departs from the Small Boat Harbor, such as during inclement weather periods that prevents docking at the Alaska SeaLife Center floating dock. SAAMS will receive a fee for each tour ticket sold and a commission on all tour tickets that are sold by SAAMS. Alaska Coastal Tours will receive a $3.50 per passenger fee plus the tour ticket price less the ticket fee and commission paid to SAAMS. The $3.50 per passenger fee received by Alaska Coastal Tours will help cover its capital and operational costs of the floating dock and ramp. SAAMS' proposal for lease of the tidelands is by amendment to the existing Agreement for Financing, Lease, Construction, Operation and Maintenance by and between the City of Seward and SAAMS dated April 28, 1995. The Agreement provides that SAAMS pay the City a lease fee of One Dollar ($1.00) per year. If for the purposes of this proposal the City desires a change to this underlying business relationship we are more than open to have that conversation. The City receives 4% payment-in-lieu of tax on all sales and rents received by SAAMS related to the visitor and educational parts of the Alaska SeaLife Center. On all boat tour tickets sold by SAAMS, the City will be paid the 4% PILT. For all boat tour tickets sold by Alaska Coastal Tours, the City and Kenai Peninsula Borough will be paid the statutory sales tax. 5. Request: A statement regarding whether you propose to provide public access to the dock you wish to build, together with a description of any limitation on public access. Response: Public access will be provided to the dock for those customers participating in the boat tour. All other public access will terminate at the top of the dock ramp due to safety and liability concerns. This is a private dock being built, installed and operated entirely with private 5.6 Mr. Malcolm Brown February 15,2006 Page 4 funding. No public (federal, state, or municipal) funding is being provided or used for the Alaska SeaLife Center Boat Tour concession. 6. Request: A statement regarding what public access, if any, you anticipate providing to the beach. Response: Public access to the sheet pile wall as well as to the beach adjoining the Alaska SeaLife Center property will continue and remain unchanged by the Alaska SeaLife Center Boat Tour concession. I have included with this packet, copies of the correspondence relative to SAAMS tideland lease request. Finally, the SAAMS/City Lease/Operating Agreement has established a successful working arrangement between the City and SAAMS. Significant protections for the City are built into the Agreement; including indemnification and insurance. Our request to lease the tidelands necessary for the boat tour concession can readily be incorporated in an amendment to the existing Lease/Operating Agreement where the necessary protections to the City are already in place. We have prepared such an amendment to the Lease/Operating Agreement, a copy of which is enclosed. Please don't hesitate to let me know if you have any further questions regarding our request for lease of tidelands. Sincerely, SEWARD ASSOCIATION FOR THE ADVANCEMENT OF MARINE SCIENCE Bd~4 D c aefermeyer General Manager Enclosures: (1) (2) (3) (4) (5) (6) (7) (8) Cc: Clark Corbridge Tylan C. Schrock Lease Site Survey and East Elevation Dock and Ramp Profile Dock and Ramp plans prepared by PND, Inc. Catamaran Plan List U.S. Army Corps of Engineers Permit 5th Amendment to SAAMS/COS Lease Operating Agreement SAAMS/ ANO Agreement Indemnity and Insurance Provisions Development Timeline Tideland Lease Request Correspondence .a ~ ~I '" ,r . ;~~~.. t.........' ... <~...j",~:,"":, -.t'_", .-: t..:~::.::. ", -' ~ .~.".".. . .' :,:."::/~.'~~:-" . ~:'~ ' I.:'S.:lIOf": StI'IHJI"fJ Aueciotia'r 'IN tne AdllUlicem8'lt of MQrifle Sdenc. :'~55I!1!: ArtJ$ka H.-ilape 'aurs Existing Uplands Sub'.-Lease Sile ~ 61 -....J .-"': '. .......\~.'-. . ~~. 's'o' OJ. ... ~ ~ APPROVAL We ~cby Gppt'aw Ihtl letJ$C location as shown hereon: Lessor. ~ LEGEND 8 Found MOrIllment ATS J1. . F04ItId Rttbar Plut S.s-IJ ill F_d RftJor and PI. Ccp LS 7:169 '~J.. ....,...,~ ....~ OF A'~'\'-- ......::<-'t:........ (", _, ............ ;;:;.~:..~.. ~..;.:O' \. ............ '"* .~r .17' P...: '.. J. -. * f tI I.. . ......0 ~.11t?1. . ...:....: ~ ~:.. i....m. !"ichcla~ Cline ... Is I . ~~... l~ - 7569 .." .~. t''''..... ..' <..~ ~ ,.-q~........ .}..'> ,. ~,..' ,11J.1:i;0t131 \:~;.' ....."..."1'\...... I hereby crUf, that I 1m prtlpMy licensf!ld ond "'~''''1Id to proctic. Lflnd Surnr)'it9 .n ~IDDu" thot this ~!J ,.,.un's (I ~NY mtHM under my dinft:l !lUptr"~. ond thai tlIi mlMfIIncr)/s mowr hcr:mn ubi os cJ.sg6cd. CIty of Se"n p.a 80M 167 S.wan:t. Ala_a !l9tUU Lu_' . AJoslca H";IQ~ Tou,.. tnc. P.D. Bax IM9 S.1Wtrd. AJa$/rtJ 99B64 ~-\ <Q ~ .../> ~c, 0~~ ~S ~ . ':.... '.):.:',... ,- '1t>c \ :-l.~-\ 0~ S ~\) ~'v~ "'~O &r :;,."'J i-v' I~PR 1 9 j:i:19 CITY OF~, 'N"'D ~"'I'IARD 80: ':. ;;;~RBCR ~ ~ <: " ~ ~-\ ~<o ,\,\1 ~c, ~~ S0 ~~ Lease E)(hibit B Alaska Heritage Tours Dock Site lGartH Mthlrt AI"." rKh/fltld Swwy 17f Plat 1111 44 S...d R<<OI'dIng OUIrll:, CLINE &- ASSOCI,4 TES P.o. BOX 27QJ Sl:WARO, ALASKA 99664 9OJ-22-f-7.J2f ORA'MI 8Y: 'MIC OM;: 98-063" DA TE: 10/20/98 SCALE:- , -= 100' ~ .~ i III '" 0 U. " t!:I o z t: ~ ~ lJ u.. ~ I f '. f f I , , , , I I Q I \' / / { I , , I I i I ! I .! I I -5 . CC@U2"~ , ' MARINE TOUR CONCESSION AND MARKETING AGREEMENT AGREEMENT (this "Agreement") entered into as of the 111 day of December 2005 by , ' and between Seward Association for the Advancement of Marine ,Science ("SAAMS"), an Alaska nonprofit cOIporation, and Alaska Northern Outfitters, LLC, an Alaska limited liability '. '. company, d/b/a Alaska Coastal Tours ("ANO"). RECITALS WHEREAs, SAAMS operates the Alaska Sealife Center in Seward. Alaska; including educational facilities and exhibits for members of the public who visit the Alaska Sealife Center; ~ ' ',', WHEREAS, SAAMS wishes to provide for tours of approximately two hours dUration on Resurrection Bay aboard a .vessel departing from the, Alaska SeaLife Center that wiu complement the educational ~xperience of visitors to the Alaska SeaLife Center; and WHEREAS, SAAMS intends that the tour occupy a distinct market niche characterized by its low cost, short duration, confinement to Resurrection Bay, and use of vessels with a maximum capacity of 50 passengers; and WHEREAS, SAAMS expects the tour to generate additional revenue forSAAMS in the form of a passenger fee and commissions on the sale of tickets by SAAMS; and WHEREAS, SAAMS does not desire to,incur the capital investment9r departure from its mission focus that would be required for SAAMS itself to enter the vessel tour business; and ' WHEREAS, ANa is a qualified vessel operator, and wishes to obtai'n a long-term concession from SAAMS to operate the tour described above 'at the Alaska Sealife Center; and WHEREAS, ANa expects that association with the Alaska SeaLife Center brand and location will enhance substantially th~ market appeal of the tour; and WHEREAS, the parties are entering into this Agreement for the purpose of determining their respective rights and obligations concerning tour operations, onshore facilities at the Center supporting Tour operations, marketing and revenue sharing. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein, the parties agree as follows: ' MARINE TOUR CONCESSION AND MARKETINQ AGREEMENT IF:1503361198\TFK7579,DOC) Page I of20, !/1 ARTlCLE 9 lNDEMNlTY AND INSURANCE Section 9.1 lndemnitv bv ANO. ANO shaJldefend, indemnify and hold SAAMS hannless from any and all lial?i1ity or claims for damages, including personal injuries, death and property damage, arising out of or resulting from the operation of the Tour or use of the Site by ANO, its agents, employees or contractors, and the public, except for damages .arising from the negligence or willful acts or omissions of SAAMS, its agents, employees or contractors. If any MARINE TOUR CONCESSION AND MARKETING AGREEMENT IF:\50336J \98\TFK 7579.DOC) Page J2 of20 /po action or proceeding is brought against AND by reason of any such occurrence, AND shall notify SAAMS promptly in writing of such action or proceeding. Section 9.2 Insurance Coverage ReQuirements. Prior to entering upon the Site or commencing any Tour activity, AND shaIl procure and maintain, at AND's sole cost and expense, the following insurance coverages. The minimum amounts and types of insurance provided by AND 'shall be subject to revision in accordance with standard insurance practices, in order to providecontinuousIy throughout the term of this Agreement and any extensions hereof, a level of protection consonant with good business practice and accepted standards in the industry. Such' factors as increases in the cost of living, inflationary pressures, and other considerations,shaIl be utilized in assessing whether the minimum insurance requirements should be increased. SAAMS may notify AND of any requested increase in insurance coverage. 9.2.1 Marine Protection and Indemnity. Marine protection and indemnity insurance, with limits of liability not less than $5,000,000 for all injuries, death, and property damage per occurrence/aggregate. 9.2.2 Commercial General Liabilitv. Commercial general liability insurance, with limits of liability not less than $5,000,000 per occurrence and $6,000,000 aggregate for all injuries, death, and property damage. 9.2.3 ,Comprehensive Automobile Liabilitv; Comprehensive automobile liability insurance covering all owned, hired and non-owned vehicles with limits of liability not less than $5,000,000 combined single limit per occurrence. 9.2.4 Worker's Compensation Insurance. Worker's compensation insurance as required by Alaska law. This coverage must include employer liability protection not less than $1,000,000 per person, $1,000,000 per occurrence. Where applicable, coverage for all federal acts (i.e., U.S.L.&H. and Jones Acts) also must be included. 9.2.5 Pollution Liabilitv Insurance. Environmental liability or pollution legal liability insurance for all bodily injury and property damage to parties other than AND caused by poIlution at or emanating from the Site or any Tour vessel, with limit of liability of $1,000,000. Section 9.3 Insurance Policy Requirements. All insurance policies shall provide for 30 days' notice of canceIlation and/or material change to be sent to SAAMS at the address designated in Article 13 of this Agreement. All such policies shall be written by insurance companies legally authorized or licensed to do business in the State of Alaska, and acceptable to SAAMS (Best's Rating A- or better). AND shall furnish SAAMS, on forms supplied by SAAMS, certificates evidencing that it has procured the insurance required herein prior to entering upon the Site or commencing any Tour activity. Nothing herein contained shall prevent AND or SAAMS from placing and maintaining at SAAMS' or AND's own cost and expense, additional or other insurance as may be desired. MARINE TOUR CONCESSION AND MARKETING AGREEMENT I F:\50336 J \98\TFK1 5 19,DQC l Page] 3 of20 bl " Section 9.4 Subrogation Rights Waived. All of the insurance policies required above, as well as any other insurance carried by ANO shall provide that the insurers waive their rights of subrogation against SAAMS and its respective officers, servants, agents or employees. ANO further agrees to waive and agrees to have its insurers waive any rights of subrogation (whether by loan receipts, equitable assignment or otherwise), with respect to deductibles under such policies and with respect to damage to equipment including the loss of use thereof, whether insured or not. ANO shall also name SAAMS as an additional insured on the marine protection and indemnity, commercial general liability and comprehensive automobile liability insurance policies maintained by ANO as required above, excluding coverage for claims resulting from the negligence or willful acts or omissions of SAAMS, its agents, employees or contractors. ARTICLE 10 ENVIRONMENTAL MATTERS Section 10.1 Hazardous Substances. ANO certifies to SAAMS and agrees as follows: 10.l.1 ANOwill not cause or permit the Site to be used to generate, manufacture, . refine, transport, treat, store, handle, dispose, transfer, produce, or process any Hazardous Substances except in compliance with all applicable Environmental Laws,nor shall ANO cause or permit as a result of any intentional or unintentional act or omission on the part of ANO the release of any Hazardous Substances on the Site. 10.1.2 ANO will at all times and in all respects use its best efforts to comply with all Environmental Laws. 10.l.3 ANO will immediately notify SAAMS if ANO becomes aware of (i) any Hazardous Substances or other environmental problem or liability with respect to the Site, or (ii) any lien, action, or notice resulting from violation of any of the laws, regulations, ordinances, or orders defined as Environmental Laws in Section 10.4. At ANO's own cost, ANO shall take all actions which are necessary or desirable to clean up any and all Hazardous Substances affecting the Site which occur after the date of the execution of this Agreement and that are not the result of any intentional or unintentional ' act or omission by SAAMS, its agents, employees, or contractors. Section 10.2 Indemnitv of SAAMS. ANO shall indemnify, defend, and hold SAAMS harmless from and against any and all claims, demands, damages, losses, liens, costs, and expenses (including attorney's fees and disbursements) which accrue to or are incurred by SAAMS on or after the date of commencement of the term of this Agreement arising directly or indirectly from or out of or in any way connected with (i) the inaccuracy of the certifications contained in Section 10.1; (ii) any activities on the Site during ANO's possession or control of the Site which directly or indirectly resulted in the Site being contaminated with Hazardous Substances and which are not the result of any intentional or unintentional act or omission by SAAMS, its agents, employees, or contractors; (iii) the discovery of Hazardous Substances on the Site caused during the possession or control of the Site by ANO which are not the result of any intentional or unintentional act or omission by SAAMS, its agents, employees, or MARINE TOUR CONCESSION AND MARKETING AGREEMENT IF :150336 J \98\TFK7 579.DOC) Page ]4 of20 10;( . contractors; and (iv) the clean-up of Hazardous Substances on the. Site caused during the possession or.control of the Site by ANO. Section 10.3 Survival. The representations, warranties, and covenants of ANO and SAAMS set forth in this Article, including without limitation the indemnity provided for in Section 10.2 and Section 10.6, are separate and distinct obligations from SAAMS' and ANO's obligations otherwise provided for herein and shall continue in effect .after the expirati1ln of this Agreement. Section 10.4 Definitions. As used in this Article: ] 0.4.] "Hazardous Substances" means substance or material defined or designated as hazardous ortoxic waste; hazardous or toxic material; hazardous, toxic, or radioactive substance; or other. similar term by any federa], state or local statute,' regulation or ordinance or common law presently in effect or that may be promulgated in the future as such statutes, regulations, and ordinances may be amended from time to time. 10.4.2 "Environmental Laws" means all local, state, and federal laws, ordinances, regulations, and orders related to environmental protection; the use, storage, generation, production, treatment,emission, discharge, remediation, removal, disposal, or transport of any Hazardous Substance. Section ] 0.5 Permits and Reporting. 10.5.1 Permits Required bv Governmental Agencies. AND shall obtain all permits or approvals required by any applicable Jaw or regulation. Copies of all such permits shall be provided to SAAMS prior to AND commencing work under this Agreement. AND shall comply, and shall remain incompliance during the term of this Agreement, with all stipulations, requirements, and conditions, within its power to perform, of any permit of any governmental agency having jurisdiction with regard to the Site or the Site improvements, including but not limited to the Army Corps of Engineers Permit. AND shall promptly make all reports to any federal, state or local government or agency required by any permit or Environmental Law, including reports of any spill or discharge of Hazardous Material. SAAMS may order ANO to immediately cease any operations or activities on the Site if the same is being carried out without necessary permits, in violation of the terms of any permit or Environmenta] Law, or contrary to this Agreement. ] 0.5.2 Correspondence With and Reports to Environmental Al!encies. ANO shall immediately provide SAAMS with copies of all correspondence, notices and reports between ANO and any state, federal or local government or agency regulating Hazardous Material which relates to AND's operations on or use of the Site. ] 0.6 Indemnity of AND. ANO accepts no responsibility whatsoever for any Hazardous Substances on or affecting the Site prior to the execution of this Agreement, that MARINE TOUR CONCESSION AND MARKETlNG AGREEMENT I F:1503361 \98\TFK 7S79.DOC) Page 15 of20 ~3 .' continue to affect the Site while this Agreement is in effect, that affect the Site hi the future as .. the result of acts or omissions prior to the execution of this Agreement, or . that are or were the result ofintentional or unintentional acts or omissions by SAAMS, its agents, employees, or contractors. SAAMS shall indemnify, defend, and hold ANO harmless from and against any . and all claims, '9emands, damages, losses, liens, costs, and expenses (including attorney's fees and. disbursements) which accrue to or are incurred by ANO on or after the date of commencement of the term of this Agreement arising directly or indirectly from or out of or.in any way connected with any activities on the Site during AND's possession or control of the Site which directly or indirectly resulted in the Site being contaminated with Hazardous Substances '.'and which are the result of any intentional or unintentional act or omission by SAAMS, its agents; employees, or contractors. MARJNE TOUR CONCESSJON AND MARKETING AGREEMENT I F:1503361 \98\TfK7579 .DOC) Page ]6 of20 &1 Sectian 13.10 Relatianship af Parties. Any intentian to. create a jaint venture ar partnership relatianship between the parties hereto. is hereby .expressly disclaimed. The. pravisians af this Agreement in regard to. the payment to. SAAMS af a percentage af the Ticket Price, and a Passenger Fee, far Taur admissians is campensatian far SAAMS' sales and marketing effarts and far ANO's use af the Site, and nat a sharing af incame ar prafits amang co.-venturers ar partners. Sectian 13.11 No. Third Party Beneficiary. Nathing cantained in this Agreement shall be canstrued sa as to. canfer upan any persan nat a party hereto. the rights af a third party beneficiary . Sectian 13.12 Severability. If any term ar pravisian, ar any partian thereaf, af this Agreement, ar the applicatian thereaf to. any perSan ar circumstances, shall to. any extent be invalid ar unenfarceable? the remainder af this Agreement, ar the applicatian af such term ar pravisian to. persans ar circumstances ather than thase as to. which it is held invalid. ar unenfarceable, shall no.t be affected thereby, and each term and pravisian af this Agreement shall be valid and be enfarced to. the fullest extent permitted by law. Sectian 13.13 Applicable Law: Venue. This Agreement and the rights and abligatians af the parties hereunder shall be canstrued in accardance with the laws af the State af Alaska. Any legalpraceeding in cannectian with this Agreement shall be in the trial caurts far the State of Alaska far the Third Judicial District in Ancharage. Sectian 13.14 Integratian: Amendment. The parties intend this Agreement to. be the final expressian af their agreement and as the camplete and exclusive statement. af the terms thereaf, all negatiatians, cansideratians and representatians between the parties cancerning the subject matter af this Agreement having been incarparated herein.. This Agreement may be madified anly bya writing signed by the party against wham the madificatian is to. be enfarced. IN WITNESS WHEREOF, the parties hereto. intending to. be legally baund hereby have executed this Agreement as afthe day and year first abave written. SEWARD ASSOCIATION FOR THE ADVANCEMENT OF MARINE SCIENCE ALASKA NORTHERN OUTFITTERS, LLC Jwo- Page 20 of20 MARINE TOUR CONCESSION AND MARKETING AGREEMENT IF:1503361\98\TFK7S79.DOC) . 105 ISSUED TO: SEW ARD PLANNING & ZONING COMMISSION /r71ACIIHftVt h~ AMENDED CONDITIONAL USE PERMIT . SAAMS (Seward Association for the Advancement of Marine Science) ISSUE DATE: LOCATION: February 5, ] 997 30] Railway Avenue Tract 2A. Walerfront Tracts This amended Conditional Use Permit is granted by the Seward Planning and Zoning Commission as follows: 77. 8. 9. 10. 11. 12. 13. To construct and operate a marine research and public education facility on Tract 2A, Waterfront Tracts, and an associated off-site employee parking lot on Block 5A, Oceanview Subdivision, Addition No. ], subject to the following conditions: 1. Provide for P & Z review and approval, a more refined visitor and employee parking plan showing landscaping, on-site, off-site and street parking as well as bus loading zones. Determine whether or not Railway A venue should be widened to include a center turn lane or bus loading zones indented off the right-of-way to address traffic concerns. P & Z review and approval of dimensioned plans including exterior design, color and appearance. Extend the bike/pedestrian pathway across to the west side of the SAAMS property site. Provide for public access to the beach and sheet pile fishing area immediately east of the 4th A venue dock. Project lighting shall complement or blend in with downtown historic public lighting. Future expansion plans shall be subject to P & Z review and approval. On-site electric utilIties will be underground and overhead power lines along Railway A venue in front of the project will be removed. There will be no construction housing allowed on site except for one night watchman. An informational and directional sign plan will be developed and approved by the city regarding how to move traffic to and from the site. The property will be replatted to eliminate internal lot lines and applicant will bear the cost of platting. Submittal of written agreement for the use of the off-site parking by land owner for the life of the Alaska SeaLife Center. Archaeological monitoring during all excavations. 2. 3. 4. 5. 6. r"I /pip " . An approvcd conditional use permit Japsessix (6) Illnnths after approval if no huilding pClmit is procured or if the allowed uses arc nol initiated. The Seward Planning and Zoning Commission may grant lime exlensions not 10 exceed six (6) months upon a finding that circumstances have nol changed sufficiently to warrant reconsideration of the appnlVitl of the conditional use perlllit. A public hearing shall not be required prior to granting an extension of time (Section 15.1O.320(E), Seward Planning and Land Use Regulations). Failure 10 adhere to all the conditions of this pemlil may resull in revocation of the permit and possible civil and criminal penalties. PASSED AND APPROVED by the Seward Planning and Zoning Commission on February 5, 1997 by Resolution No. 97-03. DATED this 6th day of February, 1997. \\~111 '''''' ,\" ~ ~"" '" ~~ I O~ v..:t..:,'1 .., .... ...... ......h -. ^ ,,~ ":t '-,. .. ....0. f.<j, ....)~'" ., .. ,.;0. "I'Y-.- ., - . "~ ... ,:. ...: .'~(~'; -I . . . .' =__. -:. ~ l.::::..! ~ ",-~'" ~ = : ~. = ,.,. ... 'f:" = c: ~... . 1.1 : C : ...:,,- -. ~ . : . tjl . _~ . _ "". .... tl"'" ... a.V" ..-:'-. t.... ~ ~ -;. O'l.>. -.:'il/1::1 '\,) .,' ~ ~ . .;" ~~i:~:.:..-::...h..~ tf-' .....Fti, (City Seal) "'~II 4..' Of-" p,\.. ......... 11":111111\\ THE CITY OF SEWARD, ALASKA By: P ~-~ ^' .j 1>--.c.-.:2.. Patricia J. Jones. CMC Deputy City Clerk 10 f.t;7 Feb-21-06 02:10pm From-XEROX685 90TZ765093 T-08a P.002/00a F~213 Sponsored by SlMf CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION NO. 22:Da A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, AMENDING THE CONDmONAL USE PERMIT, ISSUED TO TIlE SEWARD ASSOCIATION FOR THE Al>V ANCEMENT OF MARINE SCIENCE (SAAMS) FOR THE CONSTRUCTION AND OPERATION OF THE ALASKA SEALIFE CENTER WlIEREAS, On September 23. 1994, the SAAMS was issued an amended Conditional Use Permit by the Seward City Council; and WHEREAS, the permit was grartted for the construction and operation of a marine research and public education facility on Tract 2A, Waterfront Tracts and an associated off-sire employee parking lot on Block SA, Oceanview Subdivision, Addition No.1, subject to 14 conditions; and WHEREAS, SAAMS has requested that the Planning and Zoning Commission amend the permit by Temoving conditions number- 8 and 10; and WHEREAs, a public hearing; was held on the requested amendmem at the COnnnissioD' S December 4.1996 meeting; and WHEREAS. at its January 10. 1997. meeting the CoIIUDission directed the administration to prepare a resolution amending SAAMS Conditional Use Permit as follows. NOW, THEREFORE, BE IT RESOLVED by the Seward P1ll1lIli1lg and Zoning Commission that: Section 1. The City Clerk is hereby authorized to grant an amended Conditional Use Pennit to the Seward. Association for the Advancement of Marine Science subject to the following changes: A. Conditio" Number 8 requiring that the permittee provide public drinking ; founr.ains in the plaza area will be removed as a condition of the permit. B. Co1Ulition Number 10 will be a:mencJ.ed to read: On site eleClric utilities will be underground and overhead power lines along Railway Avenue from. the alley between 4th and 5th Avenue to the West silk of 3rd Avenue will be removed. Section 2. This resolution shall take effect immediately Upon its adoption. 16 08 Feb-21-06 02:10pm Fram-XEROXS85 9072765093 T-DB3 P.DD3/DD3 F-Z13 Seward Planning and Zoning Commission Resolution No. ~ ; P ASSEt> AND APPROVED by the Seward Planning and Zoning Commission this 5th day of February, 1997. THE CITY OF SEWARD, ALASKA Blaine Bardarso.ll, Chairman AYES: NOES: ABSENT: ABSTAIN: ATTEST: Linda S. Murphy, CMC/AAE City Clerk '- (City Seal) 1 'i .' . bq - r r SEWARD PLANNING & ZONING COMMISSION CONDITIONAL USE PERMIT AMENDED ISSUED TO: SAAMS (Seward Association for the Advancement of Marine Science) ISSUE DATE: September 23, 1994 . LOCATION: Seward Waterfront Tracts 2-6 including the city dock and access road This amended Conditional Use Permit is granted by the Seward City Council following the Board of Adjustment Hearing held on September 19, 1994. Conditions No.6 and No.7 have been deleted. This amended pennit is issued as follows with the conditions renumbered. To construct and operate a marine research and public education facility on what is currently identified as Seward Waterfront Tracts 2-6, the public dock and access road and an associated off-site employee parking lot on Block SA Oceanview Subdivision Addition No.1 subject to the following conditions: 1. Provide for P &. Z review and approval, a more refined visitor and employee parking plan showing landscaping, on-site, off-site, and street parking as well as bus loading zones. 2. Determine whether or not Railway Avenue should be widened to include a center turn lane or bus loading zones indented off the right of way to address traffic concerns. v 3. P & Z review and approval of dimension plans including exterior design, color and appearance. 4. Extend the bike/pedestrian pathway across to the west side of the SAAMS property site. S. Provide for public access to the beach and sheet pile fishing area immediately east of the 4th Avenue dock. 7. Project lighting shall complement or blend in with downtown historic public lighting. 8. Provide public drinking fountains in the plaza area. 9 Future expansion plans shall be subject to P & Z review and approval. 10. On site electric utilities will be underground and overhead power lines along Railway Avenue in front of the project will be placed underground. 11. There will be no construction housing allowed on site except for one night watchman. 12.. An infonnational and directional sign plan will be developed and approved by the city regarding how to move traffic to and from the site. v 13. The property will be replatted to eliminate intema1lot lines and applicant will bear the cost of platting. 14. Submittal of written agreement for the use of the off-site parking by land owner for the life of the sea life center. 1D ,- r SAAMS Conditional Use Pennit September 23, 1994 Page 2 15. Archaelogical monitoring during all excavations. An approved conditional use pennit lapses six (6) months after approval if no building permit is procured or if the allowed uses are. not initiated. The Seward Planning and Zoning Commission may grant time extensions not to exceed six (6) months upon a finding that circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional use pennit. A public hearing shall not be required prior to granting an extension of time (Section l5.1O.320(E), Seward Planning and Land Use Regulations). Failure to adhere to all the conditions of this permit may result in revocation of the permit and possible civil and criminal penalties. DATED this 23rd of September, 1994. ,\,,111111'81 ....." 01= St",,"II~ ," ,:'4. ..........~~. ;,1"'-'-16 ,#; .. ~, ,.' ,..,O....~..... ~ ~ (J' .c. c?-.r f'l4 j...'::" '.,..~ ~ :: ..~~I '('';_, ~ :: I~ ~ .... \ ':. ~ ,i S:~'>/"_T : () 1; ... 0 : .I.....~.. ",..,,::..Jl. .. ~-:) . : IW :.\ -v-:;: ~ ...~4' ...("1.,........ " oX..v~r-. ~.'~:' +'r",,~ (C~ '6'~i~,...~I"" t!':>.. .'J' 1.~.f!IUU},._. ~.\" ..,J. 414.,..... ~.J'f" ,........ \'.;. '.r.aanl\' TIIE CTIY OF SEWARD, ALASKA By: p~~ ~.~~ Patricia J. Jones Deputy City CleIk: 7/ SEWARD PLANNING & ZONING COMMISSION ISSUED TO: SAAMS (Seward Association for the Advancement of Marine Science) CONDmONAL USE PERMIT ISSUE DATE: August 8, 1994 LOCATION: Seward Waterfront Tracts 2-6 including the city dock and access road This Conditional Use Permit is granted by the Seward Planning and Zoning Commission as follows: To construct and operate a marine research and public education facility on what is currently identified as Seward Waterfront Tracts 2-6, the public dock and access road and an associated off-site employee parking lot on Block SA Oceanview Subdivision Addition No. 1 subject to the following conditions: 1. Provide for P & Z review and approval, a more refmed visitor and employee parking plan showing landscaping, on-site, off-site, and street parking as well as bus loading zones. 2. Determine whether or not Railway Avenue should be widened to include a center turn lane or bus loading zones indented off the right of way to address traffIc concerns. 3. P & Z review and approval of dimension plans including exterior design, color and appearance. 4. Extend the bike/pedestrian pathway across to the west side of the SAAMS property site. S. Provide for public access to the beach and sheet pile fishing area immediately east of the 4th Avenue dock. 6. Provide public restrooms in the plaza. area in addition to those inside the facility . 7. Provide a permanent planted community Christmas tree in the plaza. area which is visible from 4th Avenue. 8. Project lighting shall complement or blend in with downtown historic public lighting. 9. Provide public drinking fountains in the plaza. area. 10. Future expansion plans shall be subject to P & Z review and approval. 11. On site electric utilities will be underground and overhead power lines along Railway Avenue in front of the project will be placed underground. 12. There will be no construction housing allowed on site except for one night watchman. 13. An informational and directional sign plan will be developed and approved by the city regarding how to move traffic to and from the site. 14. The property will be replatted to eliminate intema110t lines and applicant will bear the cost of platting. 7J. SAAMS Conditional Use Permit August 8, 1994 Page 2 15. Submittal of written agreement for the use of the off-site parking by land owner for the life of the sea life center. 16. Archaelogica1 monitoring during all excavations. 17. Locate and develop suitable off-site parking and return former Tracts 5 and 6 to the city of Seward within 10 years. An approved conditional use permit lapses six (6) months after approval if no building permit is procured or if the allowed uses are not initiated. The Seward Planning and Zoning Commission may grant time extensions not to exceed six (6) months upon a fmding that circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional use permit. A public hearing shall not be required prior to granting an extension of time (Section 15. 10. 320(E), Seward Planning and Land Use Regulations). Failure to adhere to all the conditions of this permit may result in revocation of the permit and possible civil and criminal penalties. DATED this 8th day of August, 1994. THE CITY OF SEWARD, ALASKA By: Q~~ ~ ~~ Patricia J. Jones Deputy City Clerk: (City s~t,"C. ;~.?~~~:._.~i~:~:~'::i:~" , ,..' ~.. . ""..:"" .<."'1} . , .,'. ~,' ..t? ..-. " f ...1;.... -, ;"l..' ,~,:,:.~ ".i,',/'/!" ~~.~.. ~.~..,,' '.,: .-'.'~..,:':/~. ".J '1 ;,'.:. ~ ,~'T', {~; " ',d \;.\~:~: ;::~;:.~~~. .~" .' -; :;~;.:,':,~ ,,: . ~ t" t,.t; ~~~~)."f:'_~~,:;:. :;'~' . ~....;;~'-';': .~:'~,:;.~':~: '.:":')~ ,:,,:',v';.' ":~.., .;:".:. ,;z, 13 Sponsored by ~ CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION NO. ~ A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, GRANTING A CONDmONAL USE PERMIT TO THE SEWARD ASSOCIATION FOR THE ADVANCEMENT OF MARINE SCIENCE FOR A MARINE RESEARCHlPUBLIC EDUCATION FACILITY ON SEWARD WATERFRONT TRACTS 2-6, MUNICIPAL DOCK AND ACCESS ROAD; AND AN OFF-SITE PARKING LOT ON BLOCK 5A, OCEANVIEW SUBDIVISION ADDmON NO.1, AS AUTHOJU7.F.Il BY f 15.10.320 OF THE SEWARD ZONING CODE WHEREAS, the Seward Association for the Advancement of Marine Science (SAAMS) has requested a Conditional Use Permit for a marine research and public education facility on what is currently identified as Seward Waterfront Tracts 2-6, the public dock and access road, and an associated off-site employee parking lot on Block SA Oceanview Subdivision Addition No.1; and WHEREAS, and application meeting the requirements set forth in A IS. 10. 320(B) of the Seward Zoning Code was submitted and received on July 12, 1994; and WHEREAS, this request is for development on land zoned Commercial Business District (]nstitutional); and WHEREAS, a duly advertised public hearing, meeting the requirements set forth in A IS.01.040 of the Seward Zoning Code was held by the Commission on August 3, 1994; NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The proposed use satisfies the conditions specified in Seward City Code A IS. 10.320(0). Section 2. The City Clerk is hereby authorized to issue a Conditional Use Permit to the SAAMS for a marine reseaICh and public education facility on land currently identified as Seward Waterfront Tracts 2-6, the public dock and access road and an associated off-site employee parking lot on Block SA Oceanview Subdivision Addition No.1, subject to the following conditions: 1. Provide for P & Z review and approval, a more refined visitor and employee parking plan showing landscaping, on-site, off-site, and street parking as well as bus loading zones. 11 Seward Planning and Zoning Commission Resolution No. 2ill 2. Determine whether or not Railway Avenue should be widened to include a center turn lane or bus loading zones indented off the right of way to address traffic concerns. 3. P & Z review and approval of dimension plans including exterior design, color and appearance. 4. Extend the bike/pedestrian pathway across to the west side of the SAAMS property site. 5. Provide for public access to the beach and sheet pile fishing area immediately east of the 4th Avenue dock. 6. Provide public restrooms in the plaza area in addition to those inside the facility. . ::.. ., 7. Provide a permanent planted community Christmas tree in the plaza area which is visible from 4th Avenue. 8. Project lighting shall complement or blend in with downtown historic public lighting. 9. Provide public drinking fountains in the plaza area. 10. Future expansion plans shall be subject to P & Z review and approval. 11. On site electric utilities will be underground and overhead power lines along Railway Avenue in front of the project will be placed underground. 12. There will be no construction housing allowed on site except for one night watchman. 13. An informational and directional sign plan will be developed and approved by the city regarding how to move traffic to and from the site. 14. The property will be rep1atted to elim;m1te interna1lot lines and applicant will bear the cost of platting. 15. Submittal of written agreement for the use of the off-site parking by land owner for the life of the sea life center. 16. Archaelogica1 monitoring during all excavations. 17. Locate and develop suitable off-site parking and return former Tracts 5 and 6 to the city of Seward within 10 years. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 3rd day of August, 1994. THE CITY OF SEWARD, ALASKA /fL~ Blaine Bardarson, Chairman 15 Seward Planning and Zoning Commission Resolution No. 94-17 AYES: NOES: ABSENT: ABSTAIN: Bardarson, Caq>enter, Castellina, Corrigan, Nelson, Skibeness None Kowalski None ATTEST: \\~~~ ~ .} ~. C\l0-.C Linda S. Mutphy, CMC/AAE City Clerk (City Seal) ~ 1~ Sponsored by: Applicant . CITY OF SEWARD PLANNING AND WNING COMMISSION RESOLUTION NO. 2006-09 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, PROVIDING A RECOMMENDATION TO CITY COUNCIL REGARDING A PROPOSAL BY THE SEWARD ASSOCIATION FOR THE ADVANCEMENT OF MARINE SCIENCE (SAAM) TO LEASE A PORTION OF THE ALASKA TIDELANDS SURVEY 174, LOCATED SOUTH OF CITY OWNED TRACT 2A, WATER FRONT TRACT, CURRENTLY LEASED BY SAAMS. WHEREAS, the Seward Association for the Advancement of Marine Sciences (SAAMS) has submitted a proposal to lease city-owned tidelands adjacent to and South of the currently leased property having a legal description of Tract 2A, Waterfront Tract; and WHEREAS, SAAMS will need to provide the City of Seward with a legal description of the portion of the tidelands prior to final lease approval, and WHEREAS, this lease would enhance existing operations by providing for tideland exhibits and providing a private floating dock for chartered boat tours; and WHEREAS, in 1999 the applicant obtained an Army Corps of Engineers (ACOE) permit authorizing use of a floating dock on this site and a renewal is currently being sought from the ACOE; and WHEREAS, the applicant would like to lease the property for the same term as the current lease for Tract 2A, Waterfront Tracts and for one dollar per year, but is willing to enter into discussions regarding lease rates,; and WHEREAS, the City of Seward would like to encourage more waterfront activity and supports the use of tidelands for marine exhibits; and WHEREAS, the Conditional Use Permit issued to SAAMS in 1997 stipulated that "Future expansion plans shall be subject to P & Z review and approval", therefore an amendment to the Conditional Use Permit has also been applied for; and NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission finds that leasing a portion of the city-owned tidelands having a legal description of Alaska Tidelands Survey 174 will allow for expansion of existing operations for the Seward Association for the Advancement of Marine Science and this is consistent with 11 Seward Planning and Zoning Commission Resolution 2006-09 the Municipal Lands Management Plan, the Strategic Plan, and the Comprehensive Plan, subject to the following conditions: .. 1. The use of the tidelands for a dock and boat shall be done in a manner which minimizes conflicts with public use of the beach and tidelands. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7h day of March, 2006. THE CITY OF SEWARD Marianna Keil, Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) 7~ P&Z Agenda Statement Meeting Date: March 7, 2006 r of Sf2&,; ~'O1l .. 'k---C-<"'o iJ ":;:;.;.:t 'l(A.~...1> Through: Clark Corbridge, City Manager Malcolm G. Brown, Planner ~H- From: Agenda Item: The Seward Association for the Advancement of Marine Science request to lease a portion of the adjacent Alaska Tidelands Survey 174 to install and opemte a floating dock for tour boat opemtions BACKGROUND & JUSTIFICATION: The Seward Association for the Advancement of Marine Science (SAAMS) has requested to lease a portion of city-owned Alaska Tidelands Survey 174. The tidelands would be used to support a floating dock for tour boat operations. The Planning Commission is reviewing the request to lease City land as per Council 94-101. The use of the tidelands is also being reviewed by the Planning Commission as an amendment to the Conditional Use Permit issued to SAAMS and most recently amended via P&Z Resolution 97-03. The intent of staff when reviewing every public hearing item is to perform research which identifies potential impacts and makes recommendations for mitigation. Staff has not been able to do that type of research for this request, as was stated in the agenda statement for the request for an amendment to the CUP, Resolution 2006-08. The Commission is encouraged to thoroughly review and discuss their fmdings if the intent is to approve the Resolution at the March 7th meeting. The rest of the information presented in this agenda statement is primarily descriptive and is provided to assist with the review process. Public input: At the time of publication of this report, staff had not received any written communications. One business had requested to review the application and was supplied with copies. Surrounding Land Use and Zoning: Tract 2A Waterfront Tmcts is located within the Central Business District, a district which is intended to provide an area "of convenient, attractive, concentrated commercial development primarily intended for retail, financial, entertainment and professional services occurring within enclosed structures. Regulations applying to this zone are designed to encourage a compact group of businesses of the type which are mutually beneficial and located close enough together to '}q encourage walk-in trade, SCC 15.05.025(9)." The land to the East is used for Parks, the land to the North is primarily used for retail, offices and restaurants and the land to the West is used by the Institute for Marine Sciences. Floodplain status: According to the FEMA Flood Insurance Rate Map, the tidelands property is located in a Coastal Velocity zone. Staff will check with the State Floodplain Administrator to see if a Floodplain Development Permit will be required for the dock. Drainage: Staff does not anticipate any impact on drainage due to this activity. Utilities: The property is served by existing public utilities and developed streets. The applicants have stated that their dock will not need electricity, water or sewer. Location: Tract 2A, Waterfront Tracts and an adjacent portion of Alaska Tidelands Survey 174 Size: 79,451 square feet oftidelands, as per the site plan Zoning: not zoned Central Business District (CBD) for the uplands, the tidelands are Existing Use: The Alaska SeaLife Center is used for marine research, marine related outreach, marine education, visitor tours and retail activities. Proposed Use: A private floating dock to support boat tours of approximately two hours several times per day, for a maximum of fifty (50) passengers. CONSISTENCY CHECKLIST: Yes No 1. Comprehensive Plan ( 2006) Staffhas not adequately researched this plan at this time. 2. Strategic Plan (1999) Staffhas not adequately researched this plan at this time. 3. Municipal Lands Management Plan (1995) Staffhas not adequately researched this plan at this time. RECOMMENDATION: Staff recommends that the Commission approve Resolution 2006-09 if sufficient findings are developed. ~() ,. 10/06/05 Draft FIFTH AMENDMENT TO AGREEMENT FOR FINANCING, LEASE, CONSTRUCTION, OPERATION, AND MAINTENANCE OF THE ALASKA SEALlFE CENTER THIS FIFTH AMENDMENT (the "Amendment") to the Agreement for Financing, Lease, Construction, Operation, and Maintenance of the Alaska Sea Life Center dated April 28, 1995, as amended (the "Agreement"), is dated as of , 2005, and is entered into by and between the City of Seward, Alaska (the "City"), and the Seward Association for the Advancement of Marine Science, d/b/a Alaska SeaLife Center, a nonprofit Alaska corporation ("SAAMS"). WHEREAS, the City and SAAMS initially entered into the Agreement on April 28, 1995, according to the terms of which the City leased to SAAMS, and SAAMS leased from the City property to be used for the construction and operation of the Alaska SeaUfe Center (the "Project"); and WHEREAS, the City and SAAMS entered into the First Amendment to the Agreement on May 1, 1996, the Second Amendment to the Agreement on March 26, 1997, the Third Amendment to the Agreement on November 7, 1997, and the Fourth Amendment to the Agreement on July 9, 1999; and WHEREAS, the parties desire to amend the Agreement to include additional real property under the terms of the Agreement; and WHEREAS, the City is legally authorized to enter into this Amendment, NOW, THEREFORE, in consideration of the premises and of the mutual covenants herein set forth, the parties hereby agree as follows: 1. Definitions. The following terms shall for all purposes of this Amendment have the following meanings: a. "Amendment" shall mean this Fifth Amendment to the Agreement. b. All other capitalized terms in this Amendment shall have the same meanings as set forth in the Agreement. 2. Amendment of Leased Property. Effective as of the date of this Amendment, the Property shall be amended to include those tidelands areas as specifically described on Exhibit A attached hereto and incorporated herein, ("Tidelands Property"). Page 1 of4 FIFTH AMENDMENT {F:\503361 \1 02\LCJ4936.DOC} gl 10106/05 Draft 3. Term. The term of the lease for the Tidelands Property shall commence as of the date of this Amendment and shall terminate as provided in Section 3.12 of the Agreement. 4. Insurance. SAAMS shall include the Tidelands Property as an insured property to the existing insurance policies covering the Property and the Project. 5. Compliance with Laws. SAAMS shall comply with all laws concerning the Tidelands Property. 6. Consent. Approval. Except as may have already been obtained, no consent, approval, permission, authorization, order or license of any governmental authority, is required to be obtained by the City for the execution and delivery of this Amendment. 7. No Restrictions on Aqreement. The City is not subject to any charter, ordinance, contractual limitation, or provision of any nature whatsoever which in any way limits, restricts, or prevents the City from entering into this Amendment or from performing any of its obligations hereunder. 8. Other Terms of Aqreement. All terms and conditions under the Agreement as pertaining to the Property and the Project shall be applicable to the Tidelands Property. 9. Inteqration and Modification. The Agreement and the amendments thereto, including this Amendment, contain the entire agreement of the parties hereto with respect to the subject matter hereof. All negotiations, statements, or representations, warranties, and assurances, whether oral or written, which are in any way related to the subject matter of the Agreement and this Amendment, and the performance by either party hereto, are merged and integrated into the terms of the Agreement, as amended by this document. The Agreement may not be modified or amended except by a writing signed by both parties hereto, and any proposed amendment or modification is without effect until reduced to a writing signed by both parties. IN WITNESS WHEREOF the parties have executed this Amendment effective as of the date first above written. SAAMS: SEWARD ASSOCIATION FOR THE ADVANCEMENT OF MARINE SCIENCE By: Its: CITY: CITY OF SEWARD, ALASKA Page 2 0'4 FIFTH AMENDMENT {F:\503361 \1 02\LCJ4936.00C} ~.1- , ATTEST: City Clerk City of Seward, Alaska 10106/05 Draft By: Its: FIFTH AMENDMENT (F:1503361 \1 02\LCJ4936.00C} Page 3 of 4 S3 10/06/05 Draft EXHIBIT A DESCRIPTION OF TIDELANDS PROPERTY A parcel of real property consisting of submerged lands, within Alaska Tideland Survey 174; said parcel commencing at the northwest corner of the former Alaska Heritage Tours Dock Site, thence S44059'02"E, a distance of 431.73 feet to the Director's Line ATS 174; thence N42045'OO"E, a distance of 295.06 feet along said Director's Line; thence N72053'53'W a distance of 497.81 feet; thence S27013'23''W, a distance of 66.88 feet, to the true point of beginning, containing 79,541 square feet, more or less, all according to the attached Exhibit B. 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': :*~+..tr.)' ~_.! s.l -...,'G..... ~ / / / ~~ .~ \0 "'''' b~ t'.l~ ,. ..., ~", iP8 Q ;[~ P J.:z: .a~~ ~ 1Il:llo.;:::'; Q "_ 0 ~ H'a:~ Il.Q ~ ~~~g; Il~ ;;: IQ !!'I~CD ~h "'" ~~~ .;; ~ ~ ~ f ll..... ",' .., ~pP P.- '",'" ~~~ :b.. .;.~... f-2 l::,. (:j~' ~ .. a ~ Q &: 'ba .. i>1 I.tj ~<": S'G-,: "F>1=l <"'0 -?: ~ 01 -v~ "'''' 1;'" ~~ ;.~ o~ "'.", gs / / / " , . ..., 1\'" ".:~\ .".,.., '.' '....1. '.. #~,k. ~r-i:S~" Q"~ Q ",'" II V'I r., It lil S' It: l:: '.I( Q!~Q1~a.~t?'~. ~ ~~ ~ ,.:.. 5' i ~~~ """ fI II!!: 5; c: i' -~. '" '" ~. - ...~ ~g ;;~ \;\ ~'" \1'.'kI ~;1n 0,"1), ." '>- .,. of.o ~ ~~ ~\\-y~ -y '~f,. ~ "~ C OJ' '" I ." .;...., " ,:-. . " .,... .:~ ",;"'." '.. ".:' .",", ,." .f'~~. C ;;) ~Q ~~ ",9 ~? I~ "-'...:.. '..I' , :r>- -0 ::0 'I.~" [. :' .1 ."!'; :._'J Moy-IS-DS IT:DZ Fro.-City of S'WQrd Z24~DaI T-m P.DDS/Oll F-IU Spomored by: IOIIl'J8 . e. CITY OF SEW' ARD, AT .ASIC 4: lU'SOLUTION NO. 94-101 ,. . A RESOLUTION OF TJIE C1TY COUNCR. OF TilE ern OF SJt.."'WARD, ALASKA, A,PPB..OVlNG A POUCY FOR NOMINATING PUBLIC nOPERTY. FOR. .DISPOSAL. ., . . . WHII;"'~U. the city :regularly:receives unsoli:cited proposals to.1ease city land; and WJIEREAS. the city has no written. policy ~....ding the identification and nomination of public 1aDds for dispoSal; aod . ---.--. ....- w.I:i.LQ1i'..A.C;, it is in the public iDteresl to adopt socb ~ NOW, TJIEREP'(mE, BE IT R"F~~LVED BY 'DIE CITY COUNCIL OF TBR' (;l'rY Oll' SEWAKD. ~ that: . . . SP.dion 1. City of Seward LeaSe Policies and F~.......dw:lolI. Q. copy of w1Ucb is atrnebed. :and inc-.mpmated herein by :refe:rence. is hCIeby' ADOr.l:DU. . Section 2. AU. prior resolvt1nns in COPfiict hecewith me herebY RFliCINDED. ~on 3_. 'Ibis ,[CSOlutioD shaD. taD effect im",eAiately upon ita adoption. PASSED AND APPROVED by the City CoUDc:iL oftbe city of Sewud, AJ;..b. tbis 8th .day of Angu~ 1994. . mE ciTY.OF SEWARD. Ai:.AsKA .' ~ r. (\ C~ . w . 1'U.-./ . Daft W. Crane, Mayor AYES: NOES: ABSENT: ADSTAIN: AndeISOl1. BellcardiDo. <:Jane. X:rnft.lln~ and SJ",,",;nsln Darling . O'Brien None Received Ncv-1S-2005 17:ZZ F r cm-ZZ4 4038 8 fa Tc-ALASKA SEAL I FE CENTE Pile DOS Nav-IS-OS 17102 FrOB-Cltv at Eew;rd e .- CITY OF SEW.AIm. ALASKA RESOLUlION NO. ~~10l .A1TEST: (City Seal) RICIlvld Nov-1S-2DD& IT:22 FrDll-2U 4098 m-40i8 T-S20 P.ODT/ol1 F-SSa ArrROVED As TO FOlZM: Wohlfarth. Argerstnger. lubnsoi,l It. BIcchf, Attom~8 for. the c;:itY of. Seward. .Alaska " (JJ~ ' City A\tf'"II!)' ~ ". .. g 1 T a-ALAS KA SEALI FE CENTE PUI DC T City of Seward, Alaska Lease policies and Procedures PROCEDURES FOR NOMINATING PUBLIC LANDS FOR LEASE The following procedures have been adopted by the Seward City Council to allow the public to nominate city owned lands not otherwise designated as available for lease development: A. Any person may make written nomination to the City Council for the city to dispose of public lands without divulging specific development ideas or purposes. B. If requested by the City Council, city staff will research and prepare a report on titles, covenants, deeds, zoning, land use planning, other land restrictions, and any planned public uses associated with the nominated lands. C. The Planning and Zoning Commission will review and make a recommen- dation to the City Council regarding the pros and cons of disposing of the nominated parcel. D. The City Council will hold a public hearing on the disposal of the nominated property and, by resolution, will make a determination as to whether or not to dispose of the nominated lands. If the City Council finds that it is in the public interest to dispose of the nominated lands, the resolution shall specify the method of disposal, i.e., lease, sale, negotiation, bid, or request for proposals. E. If the City Council finds it in the public interest to lease the nominated land, the City Manager shall proceed with the disposal process following polices and procedures outlined in the City Code and this resolution. LEASE PROPOSAL POLICIES AND PROCEDURES The following procedures have been adopted by the Seward City Council to guide prospective lessees and the city administration in handling proposals on city-owned lands designated for lease disposal A. The prospective Lessee shall submit to the City Manager a written development plan, including a conceptual site plan, building elevation drawings, a construction schedule, and proof of project financing. B. The lease development proposal shall be submitted to the Planning and Zoning Commission at their next regular meeting, for review and written recommen- City of Seward, Alaska Attachment A Resolution No. 94-101 Page 1 '3~ dations, including any special lease conditions the Commission determines to be in the public interest . ( C. The proposal along with written Planning Commission and staff comments and recommendations shall be submitted to the City Council, at the next regularly scheduled meeting, subject to agenda deadlines. D. Not later than 30 days following presentation to Council, the City Council shall determine whether it is in the public interest to proceed with lease negotiations. E. Upon directing the administration to proceed with the lease negotiations, the prospective Lessee shall, within 30 calendar days, deposit with the city a cash performance bond in an amount not less than one-half the first year's lease payment as estimated by the city acbninistration. 1.. If the prospective Lessee does not diligently pursue lease negotiations within 60 days of the date that the Council consents to the commencement qf said negotiations, the entire performance bond shall be retained by the city as liquidating damages. 2. If the city and the prospective Lessee reach an impasse and are unable to come to terms on a lease agreement, the performance bond shall be returned to the prospective Lessee after deducting lease document preparation costs incurred by the city. Such costs shall include, but not be limited to, appraisals, attorney and actual ( staff costs, advertising and other incidental expenses. F. If the city and the prospective Lessee reach an agreement on lease terms, the lease documents shall be signed by the prospective Lessee, approved as to form by the City Attorney and forwarded to the City Oerk. Once the Oerk receives the properly signed lease agreement, a public hearing will be advertised and held in accordance with provisions of the Seward City Code, and the lease agreement will be presented to the City Council for action. G. If the proposed lease is approved by the City Council, the resolution approving the lease and the lease agreement shall be posted for thirty days as required by the City Code. Barring the filing of a sufficient referendum petition to set aside the lease, the lease shall then become effeetive 30 days after passage and posting. Once the lease agreement becomes effective, the city shall deduct from the performance bond all lease t preparation costs incurred by the city, including but not limited to appraisals, attorney and staff time, advertising and other incidental costs. The remainder of the performance bond, if any, shall be credited towards the rents due, and the Lessee shall be billed in accordance with the city's quarterly lease billing cycle. . l City of Seward, Alaska Attachment A Resolution No. 94-101 Page 2 ~~ H. In the event the City Council fails to approve the lease agreement within 60 days of the date the negotiated lease agreement is first presented to the City Council, the total cash performance bond shall be returned to the prospective Lessee. 1. The City Council may waive any or all of these requirements as it deems necessary to ensure successful completion of the lease negotiations. LEASE ADMINISTRA nON POLICIES AND PROCEDURES The following procedures have been adopted by the Seward City Council to guide lessees and the city in the fair conduct of business associated with lease administration: A. Fees set by resolution of the City Council will be assessed to cover administrative time, copying costs, phone calls, postage, legal notices and other costs associated with processing all lease assignments, amendments, and sublet consent actions requested by lessees. Additionally, lessee will pay all recording fees and will reimburse the city of city attorney time in connection with the requested action or actions. B. Lease assignments and sublet consent requests will be reviewed, processed and approved as administrative functions subject to: 1. All taxes (real, personal and sales), utilities, lease payments, assess ments, licenses and insurance must be current 2. All appropriate fees must be paid in advance. 3. City sublet approval will not be required for individual tenant space rentals in buildings designed with separate retail and office spaces. 4. Following evaluation and administrative determination, the city may require a personal guarantee by lessees requesting assignments to corporations which are principally owned by lessee and created for tax and liability purposes. 5. Each sublessee must provide proof of insurance in accordance with the principal lease, naming the city as an insured party. 6. The city must be provided a copy of any sublet agreements, including lease amounts, so that the city may forward this information to city appraisers for future fair market value determinations. Copies of the sublet agreements, including lease amounts, will be provided to the City Council at the next regular Council meeting. C. Amendments to leases that change the essential terms and conditions (lease rate, term, land area, or development conditions) may be approved only by resolution of the City Council. Such requested amendments will be scheduled for Council action only after the following terms have been met: City of Seward, Alaska Attachment A Resolution No. 94-101 Page 3 qo 1. All taxes (real, personal and sales), utilities, lease payments, assess ments, licenses and required insurance must be correnti ( . 2. All appropriate fees must be paid in advancei and 3. The lessee's signature(s) must be in place on all required documents. ( - .. . l City of Sewrml, Alaska Attachment A Resolution No. 94-101 Ptlge4 q/ Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2006-10 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, SUPPORTING THE CONCEPT OF THE MARINERS MEMORIAL FOR THE SMALL BOAT HARBOR WHEREAS, all historic settlers of Resurrection Bay arrived by boat; and WHEREAS, the first American pioneer settlers of Seward arrived by steamship from Seattle; and WHEREAS, Seward's position as an ice-free seaport in south-central Alaska has directly influenced our history and economy; and WHEREAS, Seward currently does not have a memorial honoring those who have risked hazardous sea voyages in the course of building our community and others who lost their lives in our local waters; and WHEREAS, the fishing industry has been a mainstay of the community for more than a century; and WHEREAS, memorial plaques commemorating local mariners do not have a dedicated memorial for display; and WHEREAS, the Mariners Memorial would provide a good venue for Seward's annual Blessing of the Fleet and other marine-oriented ceremonies, and WHEREAS, a Mariners Memorial will serve as a monument to our maritime history; and WHEREAS, a donation in March 2004 of $1000 (one thousand dollars) by the Kenai Fjords Yacht Club has started a Mariners' Memorial Fund through the 2003 Seward Centennial non-profit account; and WHEREAS, additional donations and grants to fund the design, construction, and maintenance of a mariners' memorial will continue to be sought by local organizations and individuals. q~ Seward Planning and Zoning Commission Resolution No. 2006-10 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Planning and Zoning Commission supports the concept of a Mariners Memorial for the Seward Small Boat Harbor. Section 2. The design, construction, and maintenance of the memorial will be funded by grants and donations to the Mariners' Memorial Fund. Section 3. This resolution shall take effect immediately upon its adoption PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7th day of March, 2006. THE CITY OF SEWARD, ALASKA Marianna Keil, Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) q3 Planning and Zoning Agenda Statement Through: Clark Corbridge, City Manager Meeting Date: March 7, 2006 To: Planning and Zoning Commission From: Malcolm Brown, Planner Agenda Item: Resolution 2006-1 0, supporting the concept of the Mariners Memorial for the Seward Small Boat Harbor BACKGROUND & JUSTIFICATION: The Kenai Fjords Yacht Club has submitted a request of support for the concept of a Mariners Memorial for the Seward Small Boat Harbor. This has been an ongoing project for several years. Numerous civic and social organizations throughout the community support the Mariners Memorial. Letters of support, including the Port and Commerce Advisory Board, Resolution 2004- 07 and the Historic Preservation Commission, Resolution 2006-01 are included in the packet for your review. A Mariner's Memorial Fund has been established at the First National Bank. Local organizations and individuals will continue to pursue additional donations and grants to fund the design, construction and maintenance of the Mariner's Memorial. RECOMMENDATION: Commission approve Resolmion 2006-10, supporting the concept of the Mariners Memorial for the Seward Small Boat Harbor. 14 MARINER'S MEMORIAL a proposal This is a proposal to the City of Seward to further the case for the construction of a Mariner's Memorial for the people of Seward to honor those lost at sea. There has long been a need in Seward for a separate place to honor the mariner's who have lost their lives at sea. A place where the annual Blessing of the Fleet can accommodate the growing crowds wishing to participate in the ceremony. Without a sacred space for the living to honor their dead, plaques have appeared around the docks on the harbor. A plaque to a lost mariner has even appeared on the memorial to those lost in the earthquake, for lack of an appropriate space. The City of Seward Port and Commerce Advisory Board, Passed Resolution 2004-07, September 1st, 2004, urging the City of Seward to designate a portion of the new south harbor uplands addition for the location of the Mariner's Memorial and in the conceptual plans for the new fill area, a space has been suggested for a memorial site. The Kenai Fjords Yacht Club has been instrumental in shepherding this cause. Nina Daley as past Commodore and with the support of the Club saw the Port and Commerce Committee resolution to completion. Now, as the new Commodore, I ( Sue Kaanta) have been asked by Harbormaster Scott Ransom to continue with this project. During the Harbor Opening Day weekend, 2005 we offered a display of ideas for a memorial that had been sent to the Kenai Fjords Yacht Club for consideration. There was a voting box alongside the display. The final tally showed a preference for a simple, elegant design suggested by one of our local mariners. It is this suggestion that we will be using to further our efforts towards making the Mariner's Memorial a reality. This memorial would be as maintenance free as possible. The winning selection is the first stage in the construction of a ship. It is the length of wood (could be represented by a bent I beam) that rises to the bowsprit. This keel would be embedded in a rectangular base of cement that would ballast the rise. At the top of the bowsprit would hang a bell. The ringer could be removed and supplied for scheduled ceremonies. This structure would be surrounded by a fence in the shape of a prow embracing the decked area that q5' supports the bowsprit. The fence would hold the memorial plaques. Benches would be spaced around looking out to sea, encouraging quiet contemplation. A lovely place to create just the meditative atmosphere would be the southeastern point of the fill area. Although the design proposed would take up roughly a 30 x 30 space, we feel the eventual expansion of the Memorial as the honorees grow, will necessitate 100 feet to each side of the small point. Accessibility is a consideration, parking nearby and wheel chair access for visitors. Benches will be available for quiet contemplation, and possibly a wind break for comfort. An indication of the space to be used in comparison the the overall land available is attached along with a rendition of the proposed memorial. A Mariner's Memorial Fund has been established at 1st National Bank. It is under the non-profit umbrella of the 2003 Seward Centennial. As the land becomes available and the City moves forward with their plans, this fund will grow to the point a committee will be formed to decide on the construction and maintenance of the memorial as well as oversee the ordering and placement of the memorial plaques. Suggestions for this committee would be a representative from the commercial fishing community, one member from each of the two yacht clubs in Seward and a representative from the Harbormaster's office and perhaps an altar seat given to an interested member of the community. This committee would determine the maintenance of the fund and the Memorial through the charges for plaques to be displayed within the memorial area. As this is City property we are talking about, we envision the Harbor crew on their way to survey the new docks would keep an eye on any maintenance that needs to be drawn to the attention of the Memorial Committee. The time-line for this project will be determined when the Corps of Engineers transfers this land to the City of Seward. When the land has been secured and the City of Seward has allocated the land for the Memorial, with the funding in place, it is estimated that the structure could be built within three months. Attachments: 1. Port & Commerce Resolution of Support 2. PM'ks ~~. Conceptual Plan 3. Platt showing requested property 4. Photo of property & suggested design 5. Suggested design 6. Supporters for the concept 1& >~-_. -~C-.' <...;.' <,c- -,.__. ".~.~ =::,;::> ...._.,...,-.~ L:::;r"..~~'~;:r;~.~. . .-' ~.,.,..,....'. 7'-'-'-' ---~-- i I q7 ~/' .,d // ..~:.c. /<~~:, .<z<"~" / ;//;<,..:t~~,j, ' ~"'. ~ ., " '. '\ ";\ '\;.,. qg Sponsored by: Staff CITY OF SEWARD, ALASKA mSTORIC PRESERVATION COMMISSION RESOLUTION 2006-01 A RESOLUTION OF THE SEWARD mSTORIC PRESERVATION COMMISSION, SUPPORTING THE CONCEPT OF THE MARINERS MEMORIAL FOR THE SEWARD SMALL BOAT HARBOR WHEREAS, the fIrst ship built in Alaska is believed to have been built in the Resurrection Bay area; and WHEREAS, the historic settlers of Resurrection Bay all arrived by boat; and WHEREAS, the fIrst American pioneer settlers of Seward arrived by steamship; and WHEREAS, Seward's history and economy has continued to be directly influenced by its position as an ice-free seaport in south central Alaska; and WHEREAS, Seward does not have a memorial honoring those who have risked hazardous sea voyages in the course of building our community and others who lost their lives in our local waters; and WHEREAS, the fIshing industry has been a main stay of the community for more than a century; and WHEREAS, memorial plaques commemorating local mariners currently do not have a dedicated memorial for display; and WHEREAS, Seward needs a good venue for its annual Blessing of the Fleet and other marine-oriented ceremonies, and WHEREAS, a Mariners Memorial will serve as a monument to our maritime history; and WHEREAS, the Kenai Fjords Yacht Club donated $1000 (one thousand dollars) in March 2004 to start a Mariners' Memorial Fund through the 2003 Seward Centennial non-profit account; and WHEREAS, local organizations and individuals will pursue additional donations and grants to fund the design, construction, and maintenance of a mariners' memorial; qq Seward Historic Preservation Commission Resolution 2006-01 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Seward Historic Preservation Commission that: Section 1. The Historic Preservation Commission supports the concept of a Mariners Memorial for the Seward Small Boat Harbor. Section 2. The design, construction, and maintenance of the memorial will be funded by grants and donations to the Mariners' Memorial Fund. Section 3. This resolution shall take effect immediately upon its adoption PASSED AND APPROVED by the Seward Historic Preservation Commission this lS1h day of February 2006. THE CITY OF SEWARD, ALASKA Tom Swann, Vice-Chair AYES: NOES: ABSENT: ABSTAIN: Park, Rowell, Walker-Hettinger, Swann None Huber, Carpenter, Kovac None ATTEST: Jean Lewis, CMC City Clerk, (City Seal) /DD CITY OF SEWARD, ALASKA PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2004-07 A RESOLUTION OF THE PORT AND COMMERCE ADVISORY BOARD OF THE CITY OF SEWARD, ALASKA, SUPPORTING THE DESIGNATION OF A PORTION OF THE NEW SOUTH HARBOR UPLANDS ADDITION AS THE SITE FOR A MARINERS' MEMORIAL WHEREAS, Seward's history and economy are tied to its position as a seaport; and WHEREAS, Seward has no memorial representing the many locals who dedicated their lives to service at sea, and others who lost their lives in our local waters; and WHEREAS, survivors of local mariners have had memorial plaques made but have no where designated to display them; and WHEREAS, Seward has no good venue for its annual Blessing of the Fleet and other marine-oriented ceremonies; and WHEREAS, a mariners' memorial could also serve as a reminder of our maritime history and the importance of safe boating practices; and WHEREAS, the local Kenai Fjords Yacht Club donated $1000 (one-thousand dollars) in March 2004 to start a Mariner' Memorial Fund through the 2003 Seward Centennial non-profit account; and WHEREAS, other donations and grants would be sought by local residents and organizations to fund the design, construction, and maintenance of the mariner's memorial. NOW, THEREFORE, BE IT RESOLVED BY THE PORT AND COMMERCE ADVISORY BOARD OF THE CITY OF SEWARD, ALASKA, THAT: Section 1. The Port and Commerce Advisory Board supports designating a portion of the new south harbor uplands addition for the location of a mariners' memorial. Section 2. The mariners' memorial would be funded by the Mariners' Memorial Fund. Section 3. Other donations and grants would be sought to fund the design, construction, and maintenance of the mariners' memorial. Section 4. This resolution shall take affect immediately upon its adoption. jot CITY OF SEWARD, ALASKA PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2004-07 PASSED AND APPROVED by the Port and Commerce Advisory Board of Seward, Alaska. this 1 st day of September 2004. PORT AND COMMERCE ADVISORY BOARD 2a~~ . ~ .X/~ DEBORAH ALTERMATT, CHAIR AYES: NOES: ABSENT ABSTAIN: Altermatt, Lechner, Tougas, Van Buskirk, Jordan, Waliezer, Whitman, None Mercer None ATTEST: . 'l.\\\\\1l.::'SJrf2"'~~~ 'v" Or fJf ~~~... ..'" ....... IF..... ~, ~ ~, .......:;-.. l.r'i[A ~ :;,;; & ....O~PO~.;:I>: i() ~~ ::.1 ..~ I~.:.. ":~ :2: i~ --- ".. ~~ ..~ : ~....-:,;, ~ ~ 1 c,. ~'..(l/\L : 0 ~ "; -.. ~ ~-.:~-":'~ ' : ~ .. "'-c,~ I..=: .....,;" ,,",...,,r. /i : ,> -.~~~~.1 h'~:'~: ~:;:::,i: '. ..: ::: . t . ~ . /o~ F /VKruzof JIM & RHONDA HUBBARD P. O. Box 3302 · Seward, Alaska 99664 Phone: (907) 224-7342 · Pax: (907) 224"5572 To All Interested Parties: CITY OF SEWARD JAM 2 7 2006 . PlANNING OFFiCe January 7, 2005 Mariner's Memorial C/O KFYC P.O. Box 2505 . Seward, Ak 99664 RE: MARINER'S MEMORIAL As members of the maritime community in Seward, and who make a living on the ocean commercial fishing, I find it very appropriate for Seward to have some land designated for the placement of a Mariners Memorial. Seward has a history of being a port town, and much of its socio-economics revolves around activities in the harbor and port. I fully support the efforts by the Kenai Fjords Yaliht Club in working to secUre land for this proposed memorial, and encourage the City to allow space for such. May this correspondence be accepted as an expression of encouragement and support in taking the necessary steps to create a Marine Memorial for our community. I look forward to being updated on this project and would welcome any further requestS needed in making this project happen. Thank you for including us in the planning and potential implementation of this Memorial . __.~~ly yours, ~ 'u-rr . Jim & Rho Hubbard Owner Operators of the FN Kruzof J&R Fisheries pic--! /0'3 24 January 2006 CITY OF SEWARD' Mariner's Memorial Kenai Fjords Yacht Club P.O. Box 2505 Sevvard,PJk 99664 JAN 2 7 2006 PLANNING OFFICE Re: Harbor South Addition Memorial Site Dear KFYC Commodore; Ibis letter is to offer the support of the Harbor Business Association tovvard the construction of it Mariner's Memorial for Sevvard. We feel there has long been a need for one specific location for the seafarer's memorials that are appearing here and there around the harbor. We vvould like to specifically support the proposed location for the Memorial on.the southeast corner of the Harbor fill area bordering the south harbor breakvvater. Ibis seems the logical space for a Memorial, offering an unobstructed vievv, ease of parking, and enough distance from the bustle of the inner harbor to provide space for contemplation. Thank you for your efforts on behalf of the Marint?r's Memorial. Sincerely, Deborah Aitermatt President Harbor Business Association " /oL/ /tJ.iJi!t:, . Alaska Transportation Company LLC. SEWARD HERTZ CAR RENTAL 600 PORT AVENUE P.O. BOX 2127 SEWARD. ALASKA 99664 907-224-4378 FAX: 907-224-5928 CITY OF SEWARD JAN 2 7 2006 PlANNING OFAce January 17,2006 To: City of Seward, Seward Planning & Zoning Commission, Mariner's Memorial c/o Kenai Fjords Yacht Club We have reviewed the plans for the proposed Mariner's Memorial and would like to voice our support for the project. The effort to designate a portion of the new south harbor uplands for a memorial park and overlook makes good sense. The location is appropriate and the need to honor those who have dedicated their lives to the sea is clear. This is a forward-looking project that will help to accommodate the growing number of memorial plaques that have been placed at various locations. A memorial and park will also offer the community a good location for the annual blessing of our local fleet. Our economy and community history is deeply linked to the fishing and marine trades. This is the best way to honor those friends and family members who have lost their lives at sea and recognize those who continue to carry on the tradition of a seafaring life. ~~ Thomas C. Tougas, IO( CITY OF SEWARD P. O. Box 167 13004. Avenue Seward, Alaska 99664 <i Harbor Department 907.2243138 907.224.7187 fax swdhbr@arclic.net www.seward.net/sewardharbor CITY OF SEWARD December 21, 2005 Sue Kaanta, Commodore William H. Seward Yacht Club Seward Small Boat Harbor Seward, AK 99664 JAN - 9 m; PlANNING OffiCE Dear Sue, . First I would like to wish you and all of your members a Merry Christmas and Happy New Year. It was a memorable year to have the Tall Ship, Cuauhtemoc visit Seward. You asked if! would submit a letter of support for the Mariner's Memorial; I am writing to support and assist in any way. For many years there have been requests for a place where family members could display an item or plaque in memory of a loved one. There have also been requests for a site where services for the Blessing of the Fleet could be held. Also, we all know of moments in our lives when we seek a place for quiet reflection on the beach. A Mariner's Memorial located at a site on the new fill area would be used and appreciated by all mariners. Sincerely, ~~ Scott A. Ransom Harbormaster City of Seward "Providing Quality Services Through Teamwork and Continuous Improvement" J O(P Seward Charter Boat .Association P.o. Box 54 Seward, AK 99664 December 16,2005 The Seward Charter Boat Association would like to endorse the Seward Mariner's Memorial which is being proposed by the Kenai Fjords Yacht Club. Members of the SCBA agree that there has long been a need to create a facility which would honor the mariner's and members of our community who have been lost at sea The SCBA encourages the Seward City Council to expand on Resolution 2004-07 and acquire the necessary permits to establish and maintain the Memorial as proposed by the Kenai Fjords Yacht Club. The placement of the memorial is best suited on the newly developed breakwater as it will provide a scenic and sincere place to reflect upon those we have lost. CITY OF SEWARD ~ Niklas Ranta President, Seward Charter Boat Association JAN - 9 2006 PlANNING OFFICE ;01 January 19, 2006 Mariner's Memorial c/o KFYC P.O. Box 2505 Seward, AK 99664 To Whom It May Concern: METCO, INC. 2701 Seward Highway Seward, Alaska 99664 (907) 224-3151 Fax: (907) 224-3514 I would like to express my support for a Mariner's Memorial in Seward. I think it's very important to the community to have a Mariner's Memorial and would very much like to see one in Seward. Thank you. Sincerely, !3~ f)AL-@f7~ Barbara Dieckgraeff Contractors License # 5733 /0 g' ~... .. ROTARY CLUB OF SEWARD P.O. Box 3121 SEWARD, ALASKA 99664 February 16, 2006 Sue Kaanta KFYC PO Box 2505 Seward, Alaska 99664 Dear Sue, Thank you very much for your recent presentation to the Seward Rotary Club about the plans for a mariner's memorial. The Club was very supportive of the project as presented. This letter is to reaffirm that support and request that you keep the Club informed on its progress. J 09 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 Rufther, 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 Hobl 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. /10 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 Sen'ice 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 (StrobellHohl) Approve the Agenda and Consent Agenda Griswold removed item 9D, the January 3, 2006 meeting minutes. Motion (Hohl/Griswold) Amend the Agenda by inserting New Business Item B. "Accessible parking requirements code revisions" and renumbering accordingly Motion (Griswold) Can for unanimous consent Motion Passed Unanimous Consent Public Hearings Resolution 2006-03, recommending Kenai Peninsula Borough approval of the Forest Acres Afognak Addition No. I, 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: III City o/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: 1. 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 Hohl, 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 of the 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 (SmitbIRoach') Approve Resolution 2006-03 Stobel noted a "housekeeping typo" in the Resolution; she stated Lot BE had been left out of the body ofthe document. Motion (Hob/Smith) Amend Resolution 2006-03, Insert following "Forest Acres Subdivision" in the title, and a portion of the unsuhdivided remainder of Afo2llak Acres Subdivision #1. J /2. 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 (HohllBanas) Amend Resolution 2006-03, first Whereas and Section 1; remove "located within the NE ~ Section 33 and the NW ~ Section 34". Hohl 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. 1/3 City of Seward, Alaska February 7, 2006 Planning Commission Minutes Volume 6. Page 17 Motion (HohIlGriswold) 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 Hohl voiced concerns with requiring dedicated cul-de-sacs for road maintenance, emergency service vehicles and public use at the terminus of the 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. Hohl 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 (HohIlGriswold) 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. 1/1 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 of the 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 (KeillSmith) 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 II C; City of Seward, Alaska February 7. 2006 Planning Commission Minutes Volume 6, Page 19 !i Accessible parking requirements code revisions Commissioner HoW 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 (HohllRoach') Initiate an amendment to the Handicapped Parking Section, 15.10.215 (0) of the City Code. HoW 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 Federal law 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. II~ City of Seward, Alaska February 7, 2006 Planning Commission Minutes Volume 6. Page 20 Selection ofthe 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 of the Building Pennit 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 EP A guidelines amendment. She noted Commissioner Griswold was listed twice and Keil was overlooked. Hohl 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 fmd 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 11. Motion (GriswoldIHohl) 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 oftown for the March 2006 regular meeting. Griswold, noted that the Land Use map that was approved by the Comprehensive Plan needed to be brought forward and 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. Administration Comments 117 City o/Seward, Alaska February 7, 2006 Planning Commission Minutes Volume 6, Page 21 Brown stated he was scheduled to be out of town on military duty March 6 through the 1 7, 2006 and therefore would not be available for the March regular meeting. Citizens' Comments - None Commissions and Administration Response to Citizens' Comments - None Adjournment Meeting adjourned at 9:18 pm. Donna Glenz Planning Assistant (City Seal) Marianna Keil Chair IJ 8 Sponsored by: Planning and Zoning Commission CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2005-17 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING THE PLANNING COMMISSION PRIORITIES FOR 2005 WHEREAS, the Seward City Council Rules of Procedure, adopted March 14, 1994, state that the Council should meet in an annual joint work session with the Commission every March to address areas of mutual concern; and WHEREAS, the Commission and Council have been unable to hold a joint work session in order to review priorities; and WHEREAS, the Commission respectfully requests the Council review and provide comments on the priorities developed by the Phmning and Zoning Commission; and WHEREAS, at its June 7th, 2005 meeting the Planning and Zoning Commission reviewed the recommended priorities and approved submission to Council for further guidance. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The following list of priorities with status updates and timelines is hereby recommended to the City Council for review and comment: Plannin!: Proiects 1. Seward 2020 Comorehensive Plan - Has been forwarded to Council for approval. 2. Land Use Plan - Has been forwarded to Council for approval as a component of the Comprehensive Plan. 3. Capital Imorovement Plan - Request that the Capital Improvement Plans be reviewed by the Commission prior to submittal to Council. jlq Seward Planning and Zoning Commission Resolution 2005-17 Page 2 4. ADA Transition Plan - ADA Transition Plan needs to be completed. Add ADA review to building permit review and include it for Certificate of Occupancy review. Encourage increased communications between the Building Inspector and the commission. 5. ARRC Master Plan - Maintain involvement with the process and review the ARRC Master Plan. 6. Airoort Master Plan - Submit recommendations on the Airport Master Plan to DOTPF. This should be done once the environmental studies have been completed, approximately in the fall of2005. 7. Municipal Lands Management Plan (1995) - recommend to Council that it be updated. 8. Parks and Recreation Master Plan (1993) - recommend to Council that it be updated. 9. State lands and ROW Recommendations. Become more involved and provide recommendations to Council on local DOT projects. 10. Coastal Zone Management Plan. Make recommendations to the Borough on the Coastal Zone Management Plan. Code Revisions 1. Nonconforming structures and setbacks - Ongoing, being reviewed through work sessions and applicant driven P&Z actions. 2. Subdivision Ordinance Revision - Ongoing, work was done by the previous City Engineer. The Commission would like a status update on the revisions. The standard subdivision agreement form was updated by the previous City Engineer and the City attorneys. 3. Historic Overlav District - Investigate historic structure construction exemptions, with the full involvement of the Historic Preservation Commission. Encourage a joint work session between both commissions. 4. DefInitions - Consolidate the Title 15 defInitions and consider reformatting sections as needed. 5. Waterway buffers - research buffer options and seek training. 6. Parking - Amend the City Parking Ordinance to make it be in compliance with ADA. 120 Seward Planning and Zoning Commission Resolution 2005-17 Page 3 City Land. Rit!ht-of-Wavs & Plattint! Proiects 1. City Land disoosal oolicies and orocedures - Clarify, emphasize land use permits when more appropriate than leases. 2. Two Lakes Park Reolat - Ongoing, all private inholdings have been acquired. Vacate interior lot lines and right-of-ways, and ensure accesses are maintained. Acquire the 29 adjoining acres in USS 1931. 3. Waterfront Park Reolat - Vacate interior lot lines and right-of-ways. Administration needs to initiate action on it. 4. Transfer the old National Guard armory to A VTEC - Encourage in order to maintain access to Two Lakes Park. Staffwill need to do research. 5. ARRC Lands - Continue to work with the Borough and the ARRC to ensure orderly development and subdivision activities take place prior to development. 6. Clearview Subdivision Utility Easement/Alley - Conduct outreach with the property owners in the subdivision to seek solutions. 7. Nash Road bench study - Use dedicated proceeds from sale of City land to Anderson. Bring back to P&Z during budget process. Enforcement 1. Specific Packets with Checklists - When a building permit is applied for, issue the development requirements for the zoning district under consideration. 2. Conditional Use Permits - Have staff bring before the Commission for an annual review. 3. Zoning Code Violations - Proactively evaluate methods to obtain compliance including researching techniques and procedures for issuance of citations. 4. Traininl! - Seek training on land use regulation processes, CUPs, spot zoning, overlay districts, platting, Open Meeting Act and overall review of duties and responsibilities of the Planning Commission. 5. Community Values Meetin2 - Hold an annual work session which will encourage the public to speak out on which community values they want changed or sustained. Section 2. This resolution shall take effect immediately upon its adoption. {d--I Seward Planning and Zoning Commission Resolution 2005-17 Page 4 PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7th day of June, 2005. THE CITY OF SEWARD, ALASKA AYES: NOES: ABSENT: ABSTAIN: VACANT: Smith, HoW, Griswold, Schafer, Keil None Roach' None One ATTEST: 127- page I ot 1 - Donna Glenz . From: Sent: To: Malcolm Brown Tuesday, February 07, 2006 9:43 PM (dglenz@cityofseward.net); (stylin@ptialaska.net); Carol Griswold (c.JJriz@yahoo.com); fnts@aurora.uaf.edu; Kay Strobel (kaystrobel@gmail.com); Ihohl@connect.kpbsd.k12.ak.us; Marianna Keil (backlash@gci.net); Sandie Roach' (sandie@seward.net); Sandie Roach' (sroach@kpbsd.k12.ak.us); sewarcUio@legis.state.ak.us Subject: P&Z priorities & timeline for 2006 Hello everyone, Here are my notes from the January work session. My understanding was that some items were to be dealt with as work session items, some as public meeting items, (public hearings &lor discussion items) and some as both. Feb - 1. KPB Coastal Zone Management Plan, review 2. Parking code, review March -1. Annual joint P&ZICouncil work session, as required by Code, review: a. Comprehensive Plan & Land Use Plan (2003) b. Municipal Land Use Plan (1995) c. Parks & Recreation Master Plan (1993) d. Subdivision ordinance (Title 16) April - 1. Comprehensive Plan, present for annual review as a public hearing item 2. Presentation on Transportation or Transit Committees, such as the Anchorage Metropolitan Area Transportation Solutions. The intent would be to leam how to have more local involvement with DOT projects. . May - 1. Review Historic Overlay District in a joint work session with the Historic Preservation Commission 2. ADA Transition Plan, review June -1. Capital Improvement Plan (annual), review July - Nothing. August - Nothing. September - Community Values discussion at a community meeting October - Title 15 Definitions, review and consolidate November - Annual review of the CUPs which were issued. Review the P&Z priorities on a quarterly basis. Thanks, Malcolm No virus found in this outgoing message. Checked by A VG Anti-Virus. Version: 7.1.375/ Virus Database: 267.15.21253 - Release Date: 2/712006 1fJ-3 ? /R/?OOfi