HomeMy WebLinkAbout09192006 Planning & Zoning PacketSeward Planning Commission
Special Meeting Agenda Packet
September 19, 2006
Special Meeting
City Council Chambers Beginning at 6:30 p.m.
Seward Planning & Zoning Commission
Marianna Keil
Chair
Term Expires 02107
Tom Smith
Vice -Chair
Term Expires 02107
Margaret Anderson
Commissioner
Term Expires 02109
Kevin Clark
Commissioner
Term Expires 02109
Lynn Hohl
Commissioner
Term Expires 02108
Sandie Roach'
Commissioner
Term Expires 02107
Bob Hicks
Commissioner
Term Expires 02108
Clark Corbridge
City Manager
Scott Williams
Planner
Donna Glenz
Planning Assistant
Maggie Wilkins
Assistant Planner
Christy Terry
Executive Liaison
Regular Meetin
1. Call to Order
2. Opening Ceremony
A. Pledge of Allegiance
3. Roll Call
4. Special Reports & Presentations
A. City Administration Report
B. Other Reports, Announcements & Presentations
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]
6. 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.]
Planning & Zoning Commission Special Meeting Agenda
September 19, 2006 Page I
7. Public Hearings [Limit comments to 5 minutes. Those who have signed in will be given
the first opportunity to speak]
A. Unfinished Business requiring a Public Hearing - None
B. New Business Items requiring a Public Hearing
1. Resolution 2006-23, granting a Conditional Use Permit to Metco for the
Gravel / Resource Extraction on an approximant 1 acre portion of
Townshipl South, Range 1 West, Section 9, Seward Meridian; South
West area of USS 703, in the Lowell Creek Canyon, within the Resource
ManagementZoning District........................................................... Page 3
8. Unfinished Business - None
9. New Business
*A. September 5, 2006 Regular Meeting Minutes ........................................... Page 43
10. Informational Items and Reports (No action required)
11. Commission Comments
12. Citizens' Comments [Limit to 5 minutes per individual — Each individual has one
opportunity to speak]
13. Commissions and Administration Response to Citizens' Comments
14. Adjournment
Planning & Zoning Commission Special Meeting Agenda
September 19, 2006 Page 2
SPONSORED BY: CORBRIDGE
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2006-23
A RESOLUTION BY THE SEWARD PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA,
GRANTING A CONDITIONAL USE PERMIT TO METCO
INCORPORATED TO REMOVE BOULDER
ACCUMULATIONS FROM LOWELL CREEK ADJACENT TO
THE LOWELL CANYON LEVEE IN CONJUNCTION WITH
CITY OF SEWARD MAINTENANCE OF THE TUNNEL AND
LEVEE, IN THE RESOURCE MANAGEMENT ZONING
DISTRICT
Whereas, Metco Incorporated has requested a Conditional Use Permit to allow the extraction of
surface boulders / large rock from Lowell Creek Canyon; and
Whereas, the proposed rock extraction is complementary to maintenance requirements of the
City of Seward for the Lowell Creek Levee and Bypass Tunnel; and
Whereas, the property is located in the Resource Management zoning district; and
Whereas, as per City of Seward Code, Land Uses Allowed, Table 15.10.225, resource extraction
is allowed in the Resource Management zoning district as a conditionally permitted use; and
Whereas, having complied with the public notification process; on September 19, 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 (adopt) finding(s)
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 (Seward Zoning Code) and
the purposes of the zoning district.
Finding: The proposed use has been found to be consistent with the City of
Seward Land Use Code —the subject property is located in the Resource
Seward Planning and Zoning Commission
Resolution No. 2006-23
Page 2 of 5
Management zoning district which is intended to provide for lands that are
generally undeveloped and cannot be precisely zoned due to inadequate
information on the extension of public services and utilities; the suitability of the
land to support commercial, residential, industrial, or public uses; and other
possible environmental consideration(s). Resource extraction is an allowable use
in the Resource Management zoning district by Conditional Use Permit provided
that any adverse impacts to adjoining properties, or other properties, in the
neighborhood can be mitigated by conditions established by the Conditional Use
Permit.
a. The value of adjoining property will not be significantly impaired
Finding: It is highly unlikely that any adjacent property values would be
negatively affected as a result of the proposed use. Properties adjacent to the
proposed site are developed in single and multi -family residential. However, the
actual work site is located approximately one-third (1/3) mile from the nearest
residence. The proposed extraction site is located sufficiently away from the
nearest developed properties, and the execution of the extraction is at such a scale,
that it is unlikely to pose any degradation to property values nor impair the
enjoyment of adjacent private property uses. Additionally, removal of rock from
the creek area as a part of a greater maintenance regimen will help prevent Lowell
Creek from overtopping the levee during periods of high water. Any flooding of
Lowell Creek breaching the levee might very well have an adverse impact on
properties on Lowell Canyon Road.
C. The proposed use is in harmony with the Seward Comprehensive plan
Finding: The Comprehensive Plan supports the proposed extraction under:
Section 3.8 Natural Hazards under Subheadings: 3.8.1 Promote
community safety from natural disasters through mitigation measures and
preparedness training, and; Section 3.8.1.3 Mitigate Flood Hazards. We find that
the use is in harmony with the Seward Comprehensive Plan because it is a direct
flood mitigation measure for Lowell Creek and is being facilitated by the City of
Seward Public Works Department.
D. Public Services and facilities are adequate to serve the proposed site.
Finding: The proposed use will not require the use of, nor conflict with, public
services and utilities.
E. the proposed use will not be harmful to the public safety, health or welfare.
Finding: Nothing in the applicant's proposal to extract large rock and boulders
from Lowell Creek including actual extraction and removal activity is expected to
Seward Planning and Zoning Commission
Resolution No. 2006-23
Page 3 of 5
be harmful to the public safety, health and welfare. The area adjacent to the City
water pump house, the tunnel headwall, and levee are posted no trespassing and
therefore risk of injury to pedestrians transiting the area would not be expected
during extraction activity. Any other impacts would be similar to small scale road
construction activity and occur a few days per year. Operation off -site of hauling
units on public streets will be subject to applicable laws.
F. The use proposal described in the application and its supporting information was
approved by the Commission and is the basis for the issuance of this Conditional
Use Permit.
Any and all specified conditions deemed necessary by the Commission to fulfill
the proposed use 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.
Modification to the final approval of this Conditional Use Permit may, upon
application by the permitee, may 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.
( SSC 15.10.320 D & F)
Based on the above findings and conclusions, Staff recommends approval of the CUP
shall be subject to the following conditions:
Conditions:
This permit shall remain in effect for a period not to exceed ten (10) years
from the effective date of the permit except that the Seward Planning and Zoning
Commission may alter the permit period should a material change of conditions
warrant; and
2. The applicant / operator shall coordinate all extraction activities with the City of
Seward Public Works Director.
Seward Planning and Zoning Commission
Resolution No. 2006-23
Page 4 of 5
Section 2. The Planning and Zoning Commission finds that the proposed use, subject
to the above stated conditions, satisfies the criteria for granting a Conditional Use Permit
provided the conditions listed in Section 1, Subsection F are met by the Use Permit to Metco Incorporatednt, and
authorizes the administration to issue a Conditional
Section3. The Planning and Zoning Commission finds 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 a 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 ten (10) days following its adoption.
NOTE: An appeal of the commission's action may be made at any time until the resolution becomes
effective.
Passed and Approved by the Seward Planning and Zoning Commission this 19`h day of
September, 2006.
The City of Seward, Alaska
Marianna Keil, Chair
AYES:
NOES:
ABSENT:
ABSTAIN:
VACANT:
ATTEST:
Jean Lewis, CMC
P&Z Agenda Statement
Meeting Date: September 19, 2006
Through: Clark Corbridge, City Manager
From: D. Scott Williams, Planner
Agenda Item: A resolution by the Seward Planning and
zoning commission of the City of Seward, Alaska, granting a
Conditional Use Permit (CUP) to Metco Incorporated to
remove boulder accumulations from Lowell Creek adjacent
to the Lowell Canyon levee in conjunction with City of
Seward maintenance of the tunnel and levee, in the Resource
Management zoning district.
BACKGROUND & ANALYSIS:
Backeround•
Applicant: Metco Inc. — 2701 Seward Highway, Seward, Alaska 99664
Location: Lowell Creek (Canyon) From the Levee Headwall structure to
approximately 1400' feet upstream
Area: Approximately six (6) acres, 150' X 1400'
Zoning: Resource Management (RM).
Existing Use: Lowell Creek - undeveloped
Proposed Use: Extraction of Large Rock and Boulders
Flood Zone: N/A
Metco Inc. has submitted a conditional use
of large rock and boulders from the Lowell
upstream approximately 1400' and 150' in
proposed extraction will occur along the st
banks. No vegetation will be disturber
application to permit the periodic extraction
Creek Canyon area from the levee headwall
width or approximately six (6) acres. The
eam bed to the limits of vegetation on both
as a result of the proposed extraction.
-Page 1 of 4-
Additionally, the applicant has stated that extraction activities will occur along the stream
bed and not in the creek itself.
The Lowell Creek flood diversion and levee constructed by the Army Corps of Engineers
has required periodic bed load cleaning since its construction to prevent, or reduce the
discharge of gravel, rock, and subsequent blockage of the diversion tunnel. The City of
Seward has assumed responsibility for reducing the bed load in the vicinity of the levee
and is facilitating the extraction proposed by the applicant. The extraction proposed is
for a quantity of about 500 cubic yards per year for the duration of the permit. That
quantity could be adjusted ba�aon u
d Public Works Director. requirementsExtractie operatio s by the
v
directed by the City of Se`
applicant are proposed to be small in nature using only the necessary heavy equipment to
pick and haul materials. The applicant proposes to dispose of extracted material offsite.
A portion of the extraction area lies within State of Alaska Department of Natural
Resources lands and the applicant has applied for an extraction permit from that agency.
The AKDNR contract for State lands will be issued on an annual basis. A portion of the
area, subject to extraction operation, lies on the City of Seward's land; the remainder is
on state land. The entire proposed extraction area lies in a Resource Management zoning
district.
Analysis:
Resource extraction activities are allowed via Conditional Use Permit (CUP) in the
Resource Management (RM) Zoning District, as per Seward City Code (SCC) Land Uses
Allowed Table 15.10.225. Resource Extraction is defined in the Land Use Code under
Section 15.10.140 Definitions "commercial or industrial operations involving the
removal of non-renewable natural resources such as ore, topsoil, sand, gravel, rock, gas,
oil or any operations having similar characteristics. Said use includes the use of heavy
equipment such as loaders, dozers, backhoes and crushers. "
The intent of Title 15, the Seward Land Use Code for the Resource Management zoning
district is to provide for "lands which are generally undeveloped and cannot be precisely
zoned due to inadequate information on the extension of public services and utilities; the
suitability of the land to support commercial, residential, industrial or public uses; and
other possible environmental consideration. "
The scale of the proposed extraction activity is small and would not be considered
"industrial" in scale. Similarly, the removed material will be disposed of by the applicant
commercially but not in a quantity that would normally be considered commercial in
scope. However, the Land Use Code definitions do maintain that an activity that includes
the use of heavy machinery, such as this proposal, would meet the definition requiring a
conditional use approval.
-Page 2 of 4-
The proposed extraction area is a creek bed in a high velocity discharge area and the
extraction of rock will not involve development or disturbance that is permanent in
nature. Bed loading of rock will recharge the area naturally. Removal of material is
consistent with normal maintenance of the flood diversion facility in Lowell Canyon.
The adjacent land uses in the Lowell Canyon Road neighborhood includes multi -unit
apartments and single-family residences. However, all such residential uses occur a
minimum of a 1/3-mile to the east of the proposed extraction area on Lowell Canyon
Road.
It is unlikely that the small scale removal activities will produce adverse impacts to the
neighborhood provided the applicant operates according to the proposal in material
quantities and hours of operation.
In the interest of community safety and in view of flood potential during heavy rainfall
and spring break-up high water events, staff recognizes the removal of bed load material
should be encouraged for safety reasons. The Director of the Seward Public Works
Department drafted a memorandum dated September 8, 2006 (attached) confirming his
facilitation and support of the extraction proposal.
Public Comment:
At the time of publication of this report, staff has received one public comment regarding
this proposal and permit application. The e-mail is attached.
If any additional correspondence is received after publication of this agenda statement, it
will be presented as a lay down item at the September 19th meeting.
CONSISTENCY CHECKLIST: Yes No
1. Comprehensive Plan (2006) X
The Comprehensive Plan supports the proposed extraction under: Section 3.8 Natural
Hazards under Subheadings: 3.8.1 Promote community safety from natural disasters
through mitigation measures and preparedness training, and; Section 3.8.1.3 Mitigate
Flood Hazards.
2. Strategic Plan (1999) X
The Strategic Plan also supports the proposal under: Mitigate Flood Hazards —
"determine the best solution and seek adequate funding to diminish Lowell Creek flood
potential, and; Promote a safe community — "we are a community that promotes the
public health, safety and welfare of its residents by preparing for natural and man-made
hazards through responsible building construction, maintaining streets and sidewalks,
and providing superior police, fire, and disaster management services. "
Cl
-Page 3 of 4-
RECOMMENDATION:
Staff recommends that Commission approve Resolution 2006-23, granting a Conditional
Use Permit to Metco Inc. to perform extraction of large rock and boulders adjacent to the
Lowell Creek Canyon Levee as proposed in the Resource Management (RM) Zoning
District subject to the following specified conditions:
1. This permit shall remain in effect for a period not to exceed ten (10) years
from the effective date of the permit except that the Seward Planning and
Zoning Commission may alter the permit period should a material change
of conditions warrant; and
2. The applicant / operator shall coordinate all extraction activities with the
City of Seward Public Works Director.
10
-Page 4 of 4-
h
CITY OF SEWARD
COMMUNITY DEVELOPMENT OFFICE
P.O. Box 167 • Seward, Alaska 99664
(907) 224-4048
CONDITIONAL USE PERMIT APPLICATION
CITY 01: SEWARD
AUG 2 d 2006
PLANNING OFFICE
This completed application is to be submitted to the Community Development epa men o
later than three (3) weeks in advance of the next regularly scheduled Planning and Zoning
Commission meeting held the first Tuesday of each month. The application must be
accompanied by the $250.00 filing fee; and if property is already developed, an as -built
survey prepared by a surveyor registered in the State of Alaska. or scaled site and elevation
clans for undeveloped land.
APPLICANT INFORMATION
Applicant: Metco Inc.
Address: 2701 Seward Hwy Seward, AK (907) 224-3151
Telephone No.:
Property Owner (if other than applicant): City of Seward/State of Alaska
Address:
PROPERTY DESCRIPTION
Telephone No.:
Address: Secti on 9 Twnsho 1 South, Range 1 West Lot Size: approx 1 (acres/SF)
Seward Meridian
Lot Block Subdivision
Land Use Plan Designation:
Tax Parcel No. - -
Zoning Designation: Resource Management
DEVELOPMENT PROPOSAL INFORMATION
6 - 5
A. What structures are located on the property? No structures on the property
B. What is the existing use of the property? None that we are aware of
C. What is the proposed use of the property_ To remove rock to be used for ri p rap
D. What is your development time schedule? Whenever it is feasible for us to go up there
to remove the rock.
CUP PERMIT 11/99
1 of 3
F. Include building elevation plans and a site plan, drawn to scale. The site plan should
include: a) property dimensions; b) location and dimensions of existing and planned
buildings; c) parking configuration; d) driveways/access; e) natural features; and f)
other pertinent information.
I hereby certify that the above statements and other information submitted are true and
accurate to the best of my knowledge, and that I, as applicant, have the following legal
interest in the property:
O Owner of record;
() Lessee;
O Contract Purchaser;
() Authorized to act for a person who has the following legal interest:
I also understand that this item will be scheduled for action only if all application materials are
submitted not less than three weeks in advance of the next regularly scheduled Planning and
Zoning Commission meeting held the first Wednesday of each month.
r-� 1. - Pr ` / /,
Applicant's Signature:
Property Owner's Signature
Enclosed: Fee: $ 250 ( )
Site Plan ( 1
Elevation Plans ( )
Location Map ( )
Other ( )
DO
3of3
CUP PERMIT 11/99 `-
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SEP-07-06 THU 04:31 PM METCO, INC.
FAX N0, 9072243514 P. 02
----= METCO, INC.
2701 Seward Highway
HCR 64 Box 300
,award, Alaska 99664
(907) 224-3161
Fax: (907) 224-3514
September 6, 2006
City of Seward
D. Scott Williams
P.O. Box 167
Seward, AK 99664
Dear Mr. Williams
Metco is planning to go into the Lowell Canyon area, specified on the enclosed
map, to pick rocks using an excavator and
nnel and to provide lan to have low paw
on the area. Our goal is to help the city protect the ttuowner can purchase to use to
affordable large rock that the average property
protect their property from flooding.
We are planning to work in the gravel bed area (see map) from vegetation to
vegetation. Again we are planning to have a low impact on the greenery in the
area. We will be working from the it,brown
ldo their property line and
approximately 500 feet up State of Alaska p opert
We are planning to use 1 or 2 trucks at a time to haul the rock during regular
business hours when the water level is low. Most of the activity will be in the dry
river bed area. We will only pick rock from
the area not be blasting, due to rock
being limited from thaw to freeze up. Metco
if you have any other questions please contact me. Thank you.
Sincerely,
David Dieckgraeff
Vice President
Conlradois llosnse A AA5733
0
•
August 22, 2006
To Whom It May Concern:
METCO, INC.
2701 Seward Highway
HCR 64 Box 300
Seward, Alaska 99664
(907)224-3151
Fax: (907) 224-3514
CITY OF SEWARD
AUG 2 4 =
PLANNING OFFICE
The proposed project of removing rocks from Lowell Canyon is one that will help
the City of Seward protect the tunnel from damage and one that will help Metco
serve a need for large rock to be used for rip rap to protect local property.
We have gone through months of the permit process and have gone through
numerous agencies to get the permission to remove the rocks. Some of the
agencies we have contacted are: State of Alaska Department of Natural
Resources, US Army Corps of Engineers, US Environmental Protection Agency,
and the US Forest Service. We have not had a negative response from any of
the agencies we've contacted. If you have any questions, please contact me.
Thank you.
Sincerely,
David Dieckgraeff
Vice President
Memorandum
Date: September 8, 2006
To: Scott Williams, Community Development Planner
From: W.C. Casey, Director of Public WorksA(S
Subject: Rock Extraction in Lowell Canyon
I am pleased to facilitate the proposed extraction of rocks (boulders) from the Lowell
Creek watershed. It is in the City of Seward's best interest, as well as being consistent
with the Corp of Engineers Operation and Maintenance Manual (March 1946), that
maintenance of the Lowell Creek stream channel to remove boulders is permitted. The
maintenance will be at no cost to the City of Seward, and the City of Seward Public
Works Department will facilitate all work that is done in the Permitted Project Area.
A site visit was conducted in the middle of August 2006 with Max Best (KPB, Planner),
Susan Browne (DNR, Hydrologist/Permitting), David Dieckgraeff (Metco, permittee), two
members of the public and myself. The site visit delineated the proposed project area,
and the agency members present agreed that the maintenance work could be done
without adverse impacts to the watershed.
If you should have questions or need further information regarding this matter, please
contact me.
Historic Preservation Commission
Memorandum
Meeting Date: August 11, 2006
Through: City Manager Clark Corbridge
From: Public Works Director WC Casey (�•
Agenda Item: Discussion to submit comments on the Lowell Creek, Seward Material Sale
— ADL 229789, to the State of Alaska, Department of Natural Resources,
Division of Mining, Land and Water, Alaska Costal Management Program.
The City Administration would like to stress it is urgent that any comment made by the Historic
Preservation Commission give due consideration to the importance ofnecessary material extraction to
maintain the integrity of the Lowell Creek Diversion dike.
The necessary material extraction can be made by engaging a contractor or done by City personnel,
but must be done to protect the City from flooding. Many historic buildings, government agencies,
businesses and residences would be damaged, if the integrity of the diversion system (including the
dike) is not maintained.
Metco, Inc.
From: Williams, Gary [GWilliams@borough.kenai.ak.us]
Sent: Thursday, August 10, 2006 2:06 PM 'Metcolnc@g ci.net'; 'wcasey@cityofseward. net';
To: 'Susan _G_Browne@dnr.state.ak.us';
'cgriz@ak.net'; 'mount10man@alaska.com'
Subject: Lowell Creek Material Sale Meeting
All,
d in an effort to gain input from a variety of
Given the public interest in this project an
perspectives, I am coordinating a site visit next invited to participate because of an
This is not an exclusive invitee list but y
ou areexpressed interest in this project.
he My office is involvedinasmuch
Program
smuchs and roject is
with the
KPBstency
Alaska Coastal Manage
, on site, with
The meeting eslofathepDNR, Metco3the mCity ofeSe ardAandsh
tkelace at other parties
representativ
including myself.
the project, the location or otherwise, please contact
If you have an questions regarding
me.
Best regards,
Gary Williams
Gary Williams
Coastal District Coordinator
Kenai Peninsula Borough
144 N. Binkley St.
Soldotna, Alaska 99669
(907) 714-2216
email: gwilliams@borough.kenai.ak.us
MEMORANDUM State of Alaska
Department of Natural Resources Division of Parks and Outdoor Recreation
Office of History & Archaeology
TO: Susan Browne DATE: September 7, 2006
DNR-DMLW
Anchorage FILE NO: 3130-2R DMLW
a
TELEPHONE NO: 907-269-8721 c�
FAX NO: 907-269-8908
FROM: Judith E. Bittner SUBJECT: Lowell Creek Material Sale
, ,p State Historic Preservation Officer ADL 229789
Our office has previously written a letter (8/21/06) regarding the removal of material for ongoing maintenance
along the north side of Lowell Creek. As we have previously stated, it is our understanding that the material
extraction will be done on the north side of Lowell Creek, on the opposite bank from the currently visible piping
and the extraction will not consist of the mining of sand and gravel but the removal of large boulders only. The
Office of History and Archaeology asks that the following stipulations are strictly adhered toy:
If it is necessary for the applicant to remove boulders from the south bank, our office must be notified
and given the opportunity to comment prior to material extraction
If any activities related to this project unintentionally uncover any prehistoric or historic remains, all
activities in that area must cease and our office must be notified immediately
o It should be noted that if this is to occur, the applicant may continue material extraction in other
areas that will not further uncover or damage the remains. Once consultation with our office has
been completed, material extraction may resume in that area
If these stipulations are followed, our office concurs with the Division of Mining, Land and Water that no
historic properties will be affected.
Please contact Margie Goatley at 269-8722 if you have any questions or if we can be of further assistance.
Cc: Shannon Kovac, Seward Historic Preservation Commission
I
O WM/
FRANK H. MURKOWSKI,
GOVERNOR
550 WEST 7"m AVENUE, SUITE 900C
OF NATURAL RESOURCES
ANCHORAGE, ALASKA 99501-3577
DEPARTMENT
DIVISION OF MINING, LAND AND WATER
PHONE: (907) 269-8503
FAX: (907) 269-8913
SoUTHCENTRAL REGION LAND OFFICE
September 8, 2006
Metco, Inc.
2701 Seward Highway
Seward, AK 99664
Attn: David Dieckgraeff
SUBJECT: Material Sale, Lowell Creek, Seward, AK
ADL 229789
Proposed Consistency for ACMP Review
Dear Mr. Dieckgraeff:
The Alaska Department of Natural Resources (ADNR), Division of Mining, Land and
Water (DMLW), is currently coordinating the State's review of your proposed project for
consistency with the Alaska Coastal Management Program (ACMP). DMLW has
developed the attached proposed consistency determination based on reviewers'
continents.
Based on an evaluation of your project by Alaska Department of Natural Resources,
Alaska Division of Parks and Outdoor Recreation, Office of History & Archaeology,
Division of Mining, Land and Water (DMLW), the affected coastal resource district and
several public citizens, DMLW proposes to object to your certification that the project is
consistent with the ACMP and affected coastal district's enforceable policies.
The attached proposed consistency determination identifies alternative measures that
enable the project to be consistent with the enforceable policies of the RCMP. You may
choose to adopt the alternative measures, propose other modifications, or appeal. If you
agree to adopt the alternative measures or modify the project, please return the enclosed
form or amend your original application to incorporate the alternative measures or
modifications no later than five days from issuance of this letter. You also may request
an extension of time to consider the alternative measures and your response. If you or
other review participants with elevation rights do not request an elevation or extension
within the specified five days and you do not adopt the alternatives measures, this
proposed consistency response becomes a final objection to your project.
Proposed Consistency Determination
ADL 229789
Page I
If you have any questions regarding this process, please contact me at 907-269-5047 or
email: Susan—G—BTowne@dnr.state.ak.us.
Sin c ly,
Susan G. Browne
Project Review Coordinator
Enclosures:
Distribution List:
Project Amendment -- Acceptance
I have reviewed the proposed consistency determination for my project, Material Sale ADL 229789, and
agree to amend my proposal to incorporate all of the alternative measures described in the determination
and/or modify the project to achieve consistency with the enforceable policies of the RCMP.
-U- V (name)
(date)
Please fax this signed and dated form to the Review Coordinator no later than 5 days from receipt (FAX
NO.: (907) 269-8913). You also have the option of amending your original application form no later than 5
days from receipt. If you are unable to agree with these alternative measures or return this form by that
date, please contact me to request an elevation or extension of time. This form is necessary to meet
requirements in I AAC 110.255.
-N
O 6 FRANK H. MURKOWSKI,
VNU 2/ GOVERNOR
DEPARTMENT OF NATURAL RESOURCES
550 WEST 7TM' AVENUE, SUITE 900C
ANCHORAGE, ALASKA 99501-3577
DIVISION OF MINING, LAND AND WATER
PHONE; �907) 269-8503
SOUTHCENTRAL REGION LAND OFFICE
3
DISTRIBUTION LIST FOR ADL 229789
Enclosure: PIS and Backup Material
Nathan Patry, DEC
Gary Williams, Planning Director, KPB, Soldotna
Gary Sonnevil, Field Supervisor, US Fish and Wildlife Service, Kenai
Jane Gabler, KPB, Soldotna
Steward Seaberg, ADNR, OHMP
Chris Nahorney, ACMP Liaison, DMLW, Anchorage
Christine Ballard, RCMP, Anchorage
Stephanie Ludwig, ANDR, SHPO
Lee McKinley, DNR/OHMP, Soldotna
Linda Markham, DOT/PF, Anchorage
Jennifer Wilson, DOT/PF, Anchorage
Margie Goatley & Judith Bittner, DNR/SHPO, Anchorage
Jack Sinclair, AK Parks and Outdoor Recreation, Kenai Peninsula
Mark Fink, DFG, Anchorage
Anne Fore, COE Land Management
W.C. Casey, Office of the Mayor/Director of Public Works, City of Seward
Kent Kohlhase, USFS Seward Ranger District, Seward
Jeanne Hanson, NMFS
Janet Herr, NMFS
Glen Yankus, NPS, Anchorage
Joe Meade, USFS
Mark Luttrell, Director, Eastern Kenai Peninsula Environmental Action Assoc.,
Seward
Phil North, EPA, Kenai
Rick Rogers, Chugach Alaska Corporation, Anchorage
Rob Spangler, USFS
Pam Russell, DNR, Kenai
Andrew McCarthy, National Park Service
Public citizen commentors:
James McCracken, Seward/Bear Creek Flood Service Area Board
Carol Griswold
Randall & Christina Stauffer
Shannon Kovac, Seward Historic Preservation Commission
ENFORCEMENT: Pursuant to 11 AAC 110.260(e) and 110.445(e), if after receiving
this final consistency response, the applicant fails to implement an adopted alternative
measure, or if the applicant undertakes a project modification not incorporated into the
final determination and not reviewed under 11 AAC 110.800-11 AAC 110.820, State
resource agencies may take enforcement action according to the resource agency's
statutory and regulatory authorities, priorities, available resources, and preferred
methods.
ADVISORIES:
1. Please be advised that although the DMLW concurs with your certification that the
project is consistent with the ACMP, you are still required to meet all applicable
State and federal laws and regulations. This consistency finding may include
referende to specific laws and regulations, but this in no way precludes your
responsibility to comply with other applicable laws and regulations.
2. Additional stipulations under Title 38 will be added to the authorization if issued
by the Department of Natural Resources, Division of Mining, Land and Water.
3. If the proposed activities reveal cultural or paleontological resources, please stop
any work that would disturb such resources and immediately contact the State
Historic Preservation Office (907-269-8720).
4. A comment was received from the affected coastal management district, the
Kenai Peninsula Borough Coastal Management District, after the comment
deadline had closed. The applicant has reviewed and accepted the suggested
special stipulation, and it will be incorporated into the Title 38 land authorization,
the material sale contract, if issued. Resource extraction activities to be
conducted shall minimize accelerated shoreline erosion causing adverse impacts
to shoreline processes. Extraction shall retain existing vegetative cover in
erosion -prone areas to the greatest extent feasible and prudent.
Final Consistency Determination Prepared By:
Susan G. Browne, Project Review Coordinator
Department of Natural Resources, Division of Mining, Land and Water
550 W. 7`h Ave., Suite 900C
Anchorage, AK 99501
(907J,9
560
d.� .g4l`a{1it-�.�
Susan G.
v
Date
Page 8 ADL 229789
Final Consistency Determination
M
Proposed Consistency Determination
ADL 229789
Page 1
ALASKA COASTAL MANAGEMENT PROGRAM
PROPOSED CONSISTENCY DETERMINATION
OBJECTION WITH PROPOSED ALTERNATIVE MEASURES
DATE ISSUED: September 8, 2006
PROJECT TITLE: Material Sale, Lowell Creek, Seward, AK
ADL NO.: ADL 229789
PROJECT DESCRIPTION AND SCOPE OF THE PROJECT SUBJECT TO
REVIEW: Access and remove large surface rock materials from the flood plain of
Lowell Creek, located on State owned land. Legal description is: Township 1 South,
Range 1 West, Section 9, Seward Meridian in Seward, Alaska. Estimated size:
approximately' 2 acres.
AFFECTED COASTAL RESOURCE DISTRICT: Kenai Peninsula Borough
Coastal Zone Management Program
CONSISTENCY STATEMENT: DMLW proposes to object to the consistency
certification submitted by Metco, Inc. because the project as proposed is inconsistent with
the following ACMP enforceable policies. The proposed project can be made consistent
if the applicant adopts the alternative measures that follow the policy explanation.
For the protection of habitat and air, land, and water quality, the alternate measures below
are necessary. Pursuant to 11 AAC 112.300, Habitat, and 11 AAC 112.310, Air, land,
and water quality, site disturbance and pollution should be minimized according to the
following measures.
Lowell Creek is not classified as an anadromous stream or fish habitat.
This contract authorizes activity only on lands under the management
jurisdiction of the State of Alaska. The issuance of the contract does not
preclude the buyer's need to acquire any necessary state, federal, or local
authorizations or permits, as may be required, and to be in compliance with
these authorizations. Failure to do so shall be considered a breach of the terms
and conditions of the contract and may be cause for contract revocation.
2. No rock blasting or quarry rock mining techniques will be allowed within the
material site. All rock removed will be existing surface rock.
3. All work shall be confined within the boundaries of the site. The buyer is
responsible for the accurate location of all activities within the area authorized
by this contract. A site diagram that is tied to an existing survey monument will
be submitted to DMLW before any operations begin on the area authorized by
this contract. Any survey(s) that may be necessary or requested by the regional
Proposed Consistency Determination
ADL 229789
Page 2
manager shall be submitted within nine months from the date of the regional
manager's request.
4. All access and extraction will be conducted outside of the Lowell Creek stream
water flow, whenever possible, to reduce any negative impacts to water
quantity flow and quality.
5. DMLW retains the right to amend or terminate the contract if any additional
information is provided to us that proves that rock extraction from the contract
location site will increase downstream negative impacts in the flood plain or
impacts to the tunnel structure.
6. No rock blasting or quarry rock mining techniques will be allowed within the
material site. All rock removed will be existing surface rock.
7. All waste generated during operation and termination activities under this
authorization shall be removed or otherwise disposed of as required by state and
federal law. No waste shall be deposited or buried on the authorized site of this
contract. Waste in this sub -paragraph means all discarded matter, including, but
not limited to, human waste, trash, garbage, refuse, litter, oil drums, petroleum
products, ashes, scrap steel or used culverts and discarded equipment.
8. Sorbent material in sufficient quantity to handle operational spills must be on
site at all times for use in the event of a spill. All petroleum, oil and lubricants
(POL) (e.g., motor oil and fuel) will not be stored within 100 feet of water
bodies and must be located within double walled tanks or a lined bermed area
designed to contain at least 110 percent of the total amount of POL stored. Oil
and fuel shall be cleaned up immediately and contaminated ice, snow or earth
material shall be disposed of as required by the Alaska Department of
Environmental Conservation regulations. Failure to carry out this stipulation
may lead to contract suspension.
9. Disposal of grey or black water waste into the ground surface or nearby water
sources from any operation associated with this authorization is specifically
prohibited.
10. Drainage from the pit must meet state water quality standards before entering
any surface waters of the state.
11. Vegetative waste and materials may not be deposited into any stream or other
water area. Locations and improvements necessary for stream crossings for
haul roads must be approved in advance by the seller.
12. The buyer shall conduct all operations in a manner, which will prevent
unwarranted erosion. Any such erosion shall be repaired in a manner
satisfactory to DMLW at the buyer's expense.
Proposed Consistency Determination
ADL 229789
Page 3
13. The depth of the extraction of rock will be restricted to grade of Lowell Creek
stream bed.
14. The buyer is fully responsible for the costs of cleanup and full restoration of the
site. The extraction area will be cleaned to the satisfaction of the seller upon
termination of this contract.
15. DMLW may conduct an annual review at the end of each extraction season to
evaluate new development/mining/reclamation information, tally the amount of
material removed, and modify the contract if necessary. The DMLW reserves
the right to modify the contract as new information becomes available.
For the protection of transportation routes the alternate measures below are necessary.
Pursuant to 11 AAC 112.280, Transportation Routes & Facilities, disturbance to
navigation should be minimized according to the following measures.
1. No material of any type, including excavated material or vegetation, shall be
placed, stockpiled, discarded, or otherwise disposed of in such a way as to block
access to the material site.
2. DMLW retains the right to amend or terminate the contract if any additional
information is provided to us that proves that the use of the planned equipment
is not allowed on the direct transportation routes which access the site
3. Exclusive use of the material site is not granted by the issuance of this contract.
The purchaser agrees to coordinate his operation so that it shall not interfere
with the operation of other purchasers who may be assigned the same or nearby
areas. The DMLW retains the right to cancel or suspend operations under any
sale for reasons of safety, disputes between operators, or at any other time it
should be in the State's interest to do so. DMLW retains the right of use and of
ingress to and egress from any portion of the material site.
For the protection of historic, prehistoric, or archaeological resources the alternate
measure below is necessary. Pursuant to 11 AAC 112.320, Historic, Prehistoric, and
Archeological resources, site disturbance should be minimized according to the following
measures.
1. Historic and archeological objects are part of Alaska's cultural heritage and
are protected under AS 41.35. If in connection with activities authorized
under this material contract, the buyer, its officers, agents, employees,
contractors, subcontractors, or their personnel encounter any paleontological,
archeological or historic sites or artifacts, the buyer shall suspend all field
activities on the effected portion of the parcel, and shall immediately notify
the State Historic Preservation Officer (SHPO) at 269-8721. The buyer shall
Proposed Consistency Determination
ADL 229789
Page 4
not resume field activities within the affected portion of the parcel until
obtaining authorization from the SHPO.
2. Due to the importance of this cultural resource, we are recommending that all
preferred rock extraction take place on the north side of the stream. This
would reduce the exposure of buried piping that is believed to be located on
the south side of Lowell Creek. Any preventative or emergency rock removal
planned for the south side of the creek would require prior approval from the
DMLW, Mining, Land and Water prior to removal. In addition, DMLW
retains the right to amend or terminate the contract if any additional
information provided to us proves that rock extraction will increase risk of
negative impact on the referenced cultural resource.
If any activities related to this project unintentionally uncover any prehistoric
or historic remains, all activities in that area must cease and the Office of
History & Archaeology must be notified immediately
(a) It should be noted that if this is to occur, the applicant may continue
material extraction in other areas that will not further uncover or
damage the remains. Once consultation with the Office of History &
Archaeology has been completed, material extraction ma
y resume in
that area.
The applicant may also propose other modifications that would achieve consistency for
the DMLW to consider or appeal the State's decision.
AUTHORIZATIONS: The project must be found consistent with the ACMP before the
following State authorization may be issued:
Alaska Department of Natural Resources, Division of Mining, Land and Water
ADL 229789, Material Sale
Please note that, in addition to the consistency review, DNR will evaluate this proposed
project according to DNB's specific permitting authorities. DMLW may issue
authorizations only if the proposed project is found to comply with applicable statutes
and regulations in addition to being consistent with the ACMP. Authorities outside the
ACMP may result in additional authorization conditions. If a requirement set out in the
final project description is more or less restrictive than a similar requirement in a DMLW
authorization, the applicant shall comply with the more restrictive requirement.
ELEVATION PROCESS: Pursuant to 11 AAC 110.600, a state resource agency, the
project applicant, or an affected coastal resource district that does not concur with this
proposed consistency determination may request an elevation of the determination to the
commissioner of DNR. A request for elevation must
(1) be in writing;
(2) be received by DMLW within five days after the proposed consistency
determination is issued; and
Proposed Consistency Determination
ADL 229789
Page 5
(3) explain the requestor's concern, including any addition of or modification to
an alternative measure identified that would achieve consistency with the
enforceable policies of the ACMP.
ADVISORIES:
If you agree to adopt the above referenced alternative measures into your project proposal
or modify the project to achieve consistency, and DMLW subsequently concurs with
your certification that the project is consistent with the ACMP, the following advisories
will appear in your final consistency determination:
1. Please be advised that although DMLW concurs with your certification that the
project is consistent with the ACMP, you are still required to meet all applicable State
and federal laws and regulations. This consistency finding may include reference to
specific laws and regulations, but this in no way precludes your responsibility to comply
with other applicable laws and regulations.
2. Additional stipulations under Title 38 will be added to the authorization if issued by
the Department of Natural Resources, Division of Mining, Land and Water.
3. If the proposed activities reveal cultural or paleontological resources, please stop any
work that would disturb such resources and immediately contact the State Historic
Preservation Office (907-269-8720).
Proposed Consistency Determination Prepared By:
Susan G. Browne, Project Review Coordinator
Department of Natural Resources, Division of Mining, Land and Water
550 W. 7a' Ave., Suite 900C
Anchorage, AK 99501
(907)269-8560
Susan G. Browne
Date
Proposed Consistency Determination
ADL 229789
Page 6
ACMP Consistency Evaluation
Proposed Material Sale ADL 229789
September 8, 2006
Pursuant to the following evaluation, the project as proposed is consistent with applicable ACMP
statewide and affected coastal resource district enforceable policies (copies of the policies are available
on the Office of Project Management and Permitting web site at http://www.alaskacoast.state.ak.us).
STATEWIDE ENFORCEABLE POLICIES
11 AAC 112.200 Coastal Development
Evaluation: Surface extraction of rock materials with minimal surface impacts is consistent with coastal
development.
11 AAC 112.210 Natural hazard areas
Evaluation: Naturally occurring floods and snow melt in the flood plain are recognized to occur at this site.
Removal of surface rock to protect downstream diversion tunnel is consistent with coastal management
standards. DMLW retains the right to amend or terminate the contract if any additional information is
provided to us that proves that rock extraction from the contract location site will increase downstream
negative impacts in the flood plain or impacts to the tunnel structure.
11 AAC 112.220 Coastal access
Evaluation: N/A
11 AAC 112.230. Energy Facilities
Evaluation: N/A
11 AAC 112.240 Utility routes and facilities
Evaluation: N/A
11 AAC 112.250 Timber Harvest & Processing
Evaluation: N/A
11 AAC 112.260 Rock extraction
Evaluation: The proposed project is a rock extraction operation and an associated material sale. Sand
and gravel extraction is not included in the project. The DMLW material sale contract addresses the
special stipulations that are required to follow DMLW land management and approved operations for this
material sale. These protection related special stipulations are consistent with coastal management
standards.
11 AAC.112.270 Subsistence
Evaluation: N/A
11 AAC 112.280 Transportation routes and facilities
Evaluation: Comments received from local citizens focused on the potential problems that may be
created by construction transportation equipment mobilizing on residential access routes. DMLW is
incorporating special contract stipulations to preserve access and transportation routes to the contract
site. DMLW also reserves the right to amend or terminate the contract is it is proven that planned
transportation equipment is not allowed on the direct transportation routes which access the site. The
transportation related special stipulations are consistent with coastal management standards.
11 AAC 112.300. Habitats
Evaluation: DMLW is incorporating special contract stipulations to address operating procedures to
prevent negative impacts to the site location. See details in consistency statement and attached
alternative measures. These habitat protection related special stipulations are consistent with coastal
management standards.
Proposed Consistency Determination
ADL 229789
Page 7
11 AAC 112.310. Air, Land &Water Qualit
Evaluation: DMLW is incorporating special contract stipulations to protect air, land and water quality.
DMLW reserves the right to amend or terminate the contract if any additional information is provided to
prove that rock extraction will increase negative impacts in the flood plain or impacts to the tunnel
structure. See details in the consistency statement and attached alternative measures. Protection
measures in the special stipulations are consistent with coastal management standards.
11 AAC 1 22.320. Historic, Prehistoric, and Archaeological Resources
Evaluation: Comments from the ADNR, Office of History & Archaeology and the local Seward Historic
Preservation Commission focused on a hydroelectric intake building and associated piping. These
nearby cultural resources will be protected with special contract stipulations that prevent rock removal
from the south side of Lowell Creek, which is the expected location of any residual buried piping
associated with the former hydroelectric power plant upstream of the site. Any preventative or
emergency rock removal planned for the south side of the creek would require prior approval from DMLW
prior to removal. If any activities related to this project unintentionally uncover any prehistoric or historic
remains, all activities in that area must cease and the Office of History & Archaeology must be notified
immediately. It should be noted that if this is to occur, the applicant may continue material extraction in
other areas that will not further uncover or damage the remains. Once consultation with the Office of
History & Archaeology has been completed, material extraction may resume in that area. DMLW retains
the right to amend or terminate the contract is any additional information provided to us proves that rock
extraction will increase the risk of negative impacts on the referenced resource.
AFFECTED COASTAL RESOURCE DISTRICT ENFORCEABLE POLICIES
No inconsistencies identified.
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08/1 V2006.
Division of Mining, Land and Water
Attention: Susan G. Brown, C.P.G., Natural Resources Specialist'
550 W. 7`h Ave. Suite 900C
Anchorage, AK 99501-3577
Subject: Lowell Creek, Seward Material Sale —ADL 229789
Division of Mining, Land, and Water,
A
The Seward Historic Preservation Commission would like to bring to your attention an
inconsistency in the application made. by Metco, Inc. of 2701, Seward, AK 9.9664, for the
Lowell Creek, Seward Material Sale — ADL 229789.
Referencing page 5, of the Metco Inc. application:
Department of Natural Resources (DNR) Approvals
12. Will you be investigating, removing, or impacting historical or archaeological
or paleontological resources (anything over 50 years old) on State-owned land?
The applicant marked "No". •
In 1923, a concrete, water intake building and series of pipes were constructed on Lowell
• Creek to furnish water to power Seward Water and Light Company's hydroelectric
.System. This structure has been assigned Alaska Historic Resource Survey number
SEW-1315. It and the associated piping are located on State property.
Approval of Lowell Creek, Seward Material Sale — ADL 229789 will allow Metco Inc. to
remove rock materials from Lowell Greek and result in the destruction of the piping
associated with SEW-1315; pipes that have yet to be documented by the State.
It is the request of this Commission that the DMLW investigate the inconsistency in ,r
Metco Inc.,s application and ensure documentation of this historical resource.
Respectfully, o
Shannon Kovac
Seward Historic Preservation Commission, Chair
Enclosures
Cc State Office of History and Archeology
Cc Metco Inc.
Scott Williams
From: Rory Petrik [killroypetrik@excite.com]
Sent: Tuesday, September 12, 2006 9:16 PM
To: Scott Williams
I got the Notice of Public Hearing regarding rock/boulder extraction from Lowell Canyon.
I live in the uppermost townhouse closest to the road.
Of course I am not interested in a mining operation going on yards away from my house.
When, and for how long? Isn't there annother location to do this mining that isn't right
in my backyard? I already have 2 air filters running full time for the dust generated by
regular traffic. What about the noise?
Rory Petrik
231 Lowell Canyon Rd.
Seward, AK 99664
Join Excite! - http://www.excite.com
The most personalized portal on the Web!
SEWARD / BEAR CREEK FLOOD SERVICE AREA
REGULAR BOARD MEETING
SEAVIEW PLAZA BUILDING, SUITE 122
MEETING MINUTES
7 August 2006
LL TO ORDER
B. ROLL CALL
BOARD MEMBERS
Jim McCracken, Chairman
Steve Schafer, Vice Chairman
Loyd Welch
Nathan Orr
Tina McLean
Randall Stauffer
Bill Williamson
BOROUGH STAFF
STAFF
Christina Stauffer
Administrative Assistant
C. APPROVAL OF AGENDA
Chairman Jim McCracken asked for additions or subtractions from the agenda.
Vice Chairman Steve Schafer requested the addition of Seward Airport Buildings to
New Business.
Administrative Assistant Christina Stauffer requested the addition of e-mail from
Carol Griswold re Lowell Creek and Letter from the Stauffers re Lowell Creek to
Correspondence. She also suggested the addition of KPB Materials Removal
Ordinance 2006-1 and FEMA Mapping/LIDAR to Old Business as well as Grant
Acceptance to New Business. She also requested postponement of Current Events for
Website Draft to the next regular board meeting.
Randall Stauffer moved that the agenda be approved as amended.
The motion was seconded and unanimously approved.
D. APPROVAL OF MINUTES
Nathan Orr moved that the minutes from 10 July 2006 be approved as written.
The motion was seconded and unanimously approved.
SEWARD / BEAR CREEK FLOOD SERVICE AREA
REGULAR BOARD MEETING
SEAVIEW PLAZA BUILDING, SUITE 122
E. PRESENTATIONS
Scott Walden, Coordinator for the Emergency Management Office of the Kenai
Peninsula Borough was introduced. Mr. Walden reported on recent communication
with the City of Seward Administrative Office, Clark Corbridge, on the subject of the
Resurrection River Maintenance Plan (RRMP). He stated that he had spoken with Mr.
Corbridge just prior to the meeting and that City Manager Corbridge said he was
committed to getting the RRMP enacted and with promoting cooperation between the
City of Seward and the SBCFSA. Mr. Walden went on to say that Mr. Corbridge
understands that the timeline is pretty short to get this plan enacted. The plan draft
needs to be finished and a Task Force meeting called at least 30 days before October
1 ", 2006.
• Ervin Petty from the Alaska Homeland Security Department stated that he was
attending the meeting to represent Scott Simmons, also of Homeland Security. Mr.
Petty stated that he had a copy of the RRMP, that Mr. Simmons had looked at it and has
already commented on it to Scott Walden. He relayed that Mr. Simmons had stressed
the importance of getting the Task Force together again. The names on the Task Force
list from 1998 will need to be updated.
Jim McCracken suggested that topic of the RRMP be moved from the first item in
New Business to the first item in Old Business so Mr. Walden and Mr. Petty would
have more time to travel home after the meeting. The Board members agreed.
F. PUBLIC COMMENTS
• Carol Griswold spoke regarding the Metco materials removal permit for Lowell
Creek. She wanted to encourage people to go up the canyon and see for themselves.
She also pointed out that there were a number of errors on the application that should
be cleared up. She believes it will jeopardize the city if they mine more rocks and
urged the Board to take a stand against it.
+ Mary Bryan spoke regarding the logjam on the Salmon Creek next to her property
that she had previously reported. She stated that she had permission from Fish and
Game to cut up the trees and remove them but that she was seeking assistance with the
disposal as she could not do it all by herself.
G. BOARD'S RESPONSE TO PUBLIC COMMENTS
Steve Schafer responded to Mary Bryan's concern by asking if the logjam on
Salmon Creek came under SBCFSA jurisdiction. He also asked if the board
should obtain a scope of work on the project.
2
SEWARD / BEAR CREEK FLOOD SERVICE AREA
REGULAR BOARD MEETING
SEAVIEW PLAZA BUILDING, SUITE 122
Jim McCracken stated that the board would need estimates on the cost of the
work. He further suggested that the log jam removal should be added to Old
Business after the FEMA Mapping/LIDAR.
Randall Stauffer suggested that since the Metco/Lowell Creek material sale was on
the agenda under Permits that Carol Griswold's comments could be answered at that
time.
H. CORRESPONDENCE & PAYMENT REQUESTS
• Letter from Alan Drake, Alaska Department of Transportation
Jim McCracken introduced this letter which is a response to Board concerns
regarding certain culverts and drainage issues on the Mile 0-8 Highway Project.
Loyd Welch stated that the curb cuts and set backs have worked out well during
recent rains and were draining well.
Jim McCracken noted that he had observed the culverts between the Lynch
property and Matthew Hall's property had been addressed as well.
Loyd Welch pointed out that, regarding Item #1 on the Drake letter that the
culvert in front of Stash N Store goes along with the culvert at City Express that the
Board is investigating into repairing with Fish and Game assistance.
Jim McCracken described a call he had received from Willard Dunham regarding
drainage issues in this area of the highway project and that Stewart Seaberg of the
Department of Natural Resources had been out to check the site but had not yet shared
his thoughts on the problems.
• E-mail and Letter to DNR from Scott Walden, KPB Office of Emergency
Management
Jim McCracken asked Mr. Walden to report on these items since he was present at the
meeting.
Scott Walden summarized his communication to DNR and stated that he has
discussed the issue of waiver of fees with Scott Simmons at Alaska Homeland
Security. He further stated that DNR is continuing to look into the possibility of
waiver of fees for bed load removal that is done for flood mitigation. He stated that he
would get the name of his DNR contact person when he returned to Soldotna and share
this with the SBCFSA.
3
SEWARD / BEAR CREEK FLOOD SERVICE AREA
REGULAR BOARD MEETING
SEAVIEW PLAZA BUILDING, SUITE 122
Jim McCracken requested that Mr. Walden keep the Board updated on the
progress of this effort.
• E-mail from Carol Griswold
Jim McCracken introduced this e-mail regarding the Metco/Lowell Creek
materials sale through DNR.
Tina McLean said that she agreed that Lowell Canyon was a highly sensitive area and
that she had misgivings regarding proposed mining there.
• Letter from Christina and Randall Stauffer
Letter protesting proposed material sale to Metco from Lowell Canyon was
introduced.
Steve Schafer excused himself from action on this issue as Metco is a competitor of
his.
Randall Stauffer also excused himself from action on this issue as he had a
personal interest in the subject.
• Payment Request — TelAlaska Bill
Tina McLean moved that this bill for monthly phone and internet service in the
amount of $124.43 be paid.
The motion was seconded and unanimously approved.
• Payment Request — Reimbursement to Christina Stauffer for Postage
Bill Williamson moved that this payment request in the amount of $55.81 be paid.
The motion was seconded and unanimously approved.
• Payment Request — Reimbursement to Christina Stauffer for Printer Cartridges
Bill Williamson moved that this payment request in the amount of $120.98 for
purchase of ink cartridges for both SBCFSA office printers be paid.
The motion was seconded and unanimously approved.
0
SEWARD / BEAR CREEK FLOOD SERVICE AREA
REGULAR BOARD MEETING
SEAVIEW PLAZA BUILDING, SUITE 122
I. PERMITS FOR REVIEW
• Metco Lowell Creek material Sale Proposal
Jim McCracken explained that the Board had been asked to forward its comments on
this issue to the DNR.
Nathan Orr moved that the Board forward its comments to DNR.
Loyd Welch spoke saying that he had experience with the damage large rocks could do
to the Lowell Creek diversion tunnel and that he believed this removal should be
encouraged.
Nathan Orr stated that he agreed with Loyd Welch's comments.
Christina Stauffer reported that currently she had seen no significant rocks
within 900 yards of the dike and diversion tunnel entrance.
Tina McLean asked if the City of Seward had a history of rock removal in
Lowell Canyon.
W. C. Casey, City of Seward Director of Public Works, spoke to this issue. He read
from a 1988 US Army Corps of Engineers (USACE) report on the boulders and the
need to keep them out of the diversion tunnel. He stated that the original cost of the
tunnel in 1938 was $197,000. When built the USACE had believed that the end of the
tunnel (outflow) was sufficient to receive outflow and debris for 200 years. In terms of
the intake end of the tunnel, the USACE believed that the boulders should be removed
but there was a disagreement about funding for this. The City has maintained an
agreement with Metco to remove some of these boulders every year as needed for
tunnel preventative maintenance. Mr. Casey went on to say that Dennis Nottingham
and others have proposed much more drastic measures to protect tunnel such that
removing a few boulders is minor.
Tina McLean asked for some clarification on these comments. She asked if the
scope of the proposed Metco material sale was truly minor compared to what
might happen if it is handled differently. She also asked if there had been a recent
study and is there a need for a more recent study. She also asked about cost
factors and recognized that there is a need to keep the tunnel intake clear.
W.C. Casey stated that most of the maintenance done over the years had been on the
outflow end of the tunnel and that Metco had stated their intent to get an official permit
to continue their rock removal above the intake.
Tina McLean asked what stabilized the walls of the canyon once the boulders are
removed.
5
SEWARD / BEAR CREEK FLOOD SERVICE AREA
REGULAR BOARD MEETING
SEAVIEW PLAZA BUILDING, SUITE 122
W.C. Casey answered that the stream is very channelized through the canyon and
that it was going nowhere.
Randall Stauffer reported that he could not see where removal of more rocks in
the canyon will make the tunnel substantially safer. He stated that he totally
disagreed that erosion of the gravel banks due to rock removal was not significant.
The road scraped by Metco during rock removal last year had placed much of the north
bank nearly on a level with the stream and that there appeared to be nothing to keep the
water from leaving it's banks and going down Jefferson Street in a high water event.
He said that it would not take a major flood event for this to happen but could happen
during normal run off, especially with the destruction of the vegetation that had
previously held the banks.
Jim McCracken reminded the board that there was motion on the table to
forward comments to the DNR. He asked Mr. Casey who was responsible for
maintaining the tunnel and was the area of the proposed material sale inside or
outside city limits?
W.C. Casey answered that the area was outside the city limits and that the road that
concerned Mr. Stauffer was put in by USACE and not Metco while creating a culvert
system to redirect the stream while tunnel maintenance and repair was taking place.
Randall Stauffer stated that the road had been extended far beyond what was there
before and had been extended at the cost of a great deal of vegetation that had been
stabilizing the stream banks. He went on further to suggest that removing more rocks
and vegetation could very well cause more destruction to the diversion tunnel than
leaving the rocks alone.
Steve Schafer commented that he felt a new study would be appropriate but that he did
not want to cause an unnecessary expense to the City of Seward.
Tina McLean added that she felt that appropriate studies should be done and that
Metco should not operate unsupervised on this project.
Jim McCracken asked the board to specify a punch list of comments to forward to
DNR and stated that the first item could be getting engineering and hydrology studies.
Bill Williamson suggested that a review by the USACE would be appropriate.
Nathan Orr stated that care should be taken not to cost the City of Seward too much
money and that Metco was willing to do this so they should not be hindered.
Christina Stauffer asked when the most recent survey of the canyon had been
made.
6
SEWARD / BEAR CREEK FLOOD SERVICE AREA
REGULAR BOARD MEETING
SEAVIEW PLAZA BUILDING, SUITE 122
Steve Schafer answered that the USACE had relined the tunnel in 2001.
Tina McLean wished to know how far up the canyon it was necessary to mine rocks to
provide protection to the tunnel?
Jim McCracken summarized the list of comments thus far to include need for an
engineering study and hydrology study, a determination to decide how far up the
canyon rock removal is actually necessary.
W. C. Casey emphasized the importance of stressing that this issue concerned the
intake end of the tunnel and not the outfall.
Steve Schafer moved that the punch list be accepted and drafted as a letter and it was
decided that the draft would be made available to the board via e-mail for comment
before it was sent.
The motion was seconded and unanimously approved.
J. OLD BUSINESS
• Resurrection River Maintenance Plan (RRMP)
Jim McCracken stated that, speaking personally, he had great respect and
appreciation for what Scott Walden had done to improve the working relationship
between the Board and the Borough. He want on to say, however, that he had a
serious problem with some of the things that have been assigned to the SBCFSA in the
plan draft. He pointed out that the SBCFSA was not in existence when the original
agreement was signed. He referred to the subjects of jurisdiction and funding on pages
4 and 5 of the draft. He also mentioned the City of Seward Annex referred to under
2006 on page 6 and stated that he was unable to find this Annex in the plan.
Scott Walden responded by saying that an annex from the City of Seward would not
be needed because there will now be a cooperative agreement. He stated that many
things in the plan draft were taken directly from the history of the formation of the
agreement. He further stated that while the SBCFSA might not have been involved in
the original crafting of the plan that many of the plan objectives that needed a lead
group fell under the aegis of the SBCFSA as it now existed and were, therefore,
appropriately assigned to the service area. He stated that while financing had not been
put in place in the original agreement for SBCFSA activities that the Borough could
make funding available for work that the service area did not have money for. He
mentioned that $30,000 had been set aside for this in his budget.
Steve Schafer asked if the $30,000 was designated for this plan specifically or did it
cover activities over the entire peninsula?
7
City of Seward, Alaska Planning Commission Minutes
September S 2006 Volume 6, Page 97
Call to order
The September 5, 2006 regular meeting of the Seward Planning & Zoning Commission was
called to order at 7:30 p.m. by Chair Marianna Keil.
Opening Ceremony
Commissioner Smith led the Pledge of Allegiance to the flag.
Roll Call
There were present:
Marianna Keil presiding, and
Margaret Anderson
Sandie Roach'
Lynn Hohl
comprising a quorum of the
Clark Corbridge, City Manager
Scott Williams, Planner
Donna Glenz, Acting -Planner
Maggie Wilkins, Ass`tsttPlan
Christy Terry, Ei,ecutive f ` so
City
• IntroducAd new Planri&!Scott Williams.
• Noted Council Work Sbssion on Planning and Permitting scheduled for September 14th.
• The Borough Flatting Commission failed to approve the replat of the Mary Lowell Center.
• Noted the Ambulance Barn on Second Avenue and D Street had obtained a Conditional Use
Permit to operate at their current location.
• Glenz clarified code requirements surrounding rezones that brought parcels into conformance
with the Land Use Plan.
• Glenz reminded the Commission about their Special Meetings on September 12Ih and 19`h
both at 6:30 pm.
• Thanked Kay Strobel for all her hard work.
• Noted one application for the vacancy of Strobel's seat and this applicant would be before
Council at their next regular meeting.
A
City of Seward, Alaska Planning Commission Minutes
September S 2006 Volume 6, Page 9 8
Terry reported attorney correspondence confirmed staff correctly moving forward with
Ordinance 2006-07 containing the title language from the current Seward City Code. City Attorney
did allow Council's title amendment because the section of the Code was clearly identified even
though they did incorrectly amend the section of the ordinance citing the current city code language.
Keil requested staff report on the particulars of a public utility easement including; uses
permitted, uses not permitted, public access on these easements and the
In response to Anderson, Glenz noted that Planner Scott
Brown's temporary replacement and Assistant Planner Maggie
clarified there was a proposal for additional staff in the budget r
forward to Council.
In response to Clark, staff noted the Kenai
findings of fact.
Smith requested these findings be distributed to
2007/2008 Legislative Boards and G
Finance Director Kris
Finance Director
Planner and
exempt.
2008 budget wo
PERS debt and
tion process.
was Planner Malcolm
a temporary hire. Glenz
.,by Admisitration going
actual
dget Presentation —
' budget.
time was allocated including noting that the
ioAime allocated to Historic Preservation.
to a percentage of the positions that were
scope of an exempt employee's position.
>ns, Erchinger noted the budget increases between the 2007 and
increases in health insurance, workers compensation insurance,
Roach' asked where the increase enforcement administration cost would be reflected, and
Erchinger reported it was part of the Community Development budget. Roach' felt there should be a
line item for food to be provided at the Comprehensive Plan Community Meetings to encourage
more citizens to attend.
In response to Keil, Erchinger stated attorney fees were covered elsewhere in the budget.
Hohl requested City staff provide job descriptions for the Community Development
Department to assist the Commission with their examination of the Boards and Commissions budget.
4A
City of Seward, Alaska Planning Commission Minutes
September S 2006 Volume 6, Page 9 9
KPB Planning Commission Report by Lynn Hohl
Hohl provided a lay down for the Commission's review.
Other Reports, Announcements and Presentations
Liaison from Seward Bear Creek Flood Service Area Bo
Citizens' Comments on Any Subject except Those Items Sch
Approval of Agenda and Consent Agenda
Scott Egger, inside City Limits, felt there was a huge
private property and a utility easement on public property
Subdivision was not on public property. Egger n�e
Planner. r
Dale Hoogland, inside City Limits, stressed the iml
egress for the Forest Acres SubdivisionH;� stated road i
Motion (Smith/Hohl)
Motion Passed
The Executive Liai
The July 6, 2006
for Se QFdd Original
New
th
a Plic Hearing
Not in attendance.
For Public Hearing -
utility easement on
noted the e " nt in Clearview
d discuss the 1 w' the new
ofproviding adequate ingress and
,ments were needed in the area.
the Agenda and Consent Agenda
under the Consent Agenda:
isula Borough approval of the preliminary plat
a subdivision of Lots 4-7, Original Townsite of
Res olutioM&I,I, 1 , recommending Kenai Peninsula Borough approval of the
Forest Acres firact A, Seward Long Term Care Facility Subdivision; A Replat
of Lots CL, C1VI, CN, CO, CH, CJ, CK, AW, AV, AX, AY, AZ and BA Forest
Acres Subdivision; and Lots BD1, BD2, BC1, BC2, CA1, CA2, CP1, CP2,15,16,
17, 18,19, 20 and 21 Forest Acres Afognak Addition.
Glenz gave the administrative overview. She clarified this 27.5 acre platting action vacated all
interior lot lines, undeveloped utility easements and right-of-ways creating a single parcel named
Tract A. Glenz noted that along the Western side of Maple Street an additional right-of-way was
dedicated in this platting action to create a 50 (fifty) foot right of way. Glenz clarified this
contiguous parcel would be large enough to accommodate the new community Long Term Care
(A5
City of Seward, Alaska Planning Commission Minutes
September S 2006 Volume 6, Page 10 0
Facility. Glenz noted City of Seward Project Manager Tom Shepard, Architects Alaska's Mark
Kneedler, and Enterprise Engineering's Michael Frisom were available in the audience for questions.
Staff recommended approval of Resolution 2006-19.
Notice of public hearing being posted and published as required by law was noted and the
public hearing was opened.
Dale Hoogland, inside City Limits, referred to the current subdivision plat and noted there
were platted right-of-ways that would address potential future needs ,Hoogland demonstrated the
path of the platted Afognak Avenue right-of-way. He suggested angluig the right-of-way towards the
levee to connect up with the levee right -of --way. Hoogland noted tle importance of not dissecting the
property because of the project, but voiced concerns about future access when the area was more
developed. He felt the City's proposal to continue Afogn .venue using theproposed hard turns
interrupted the flow of future traffic. Hoogland prefe a gradual S turn
Tom Shepard, City of Seward Project Engmee noted the t-of-ways being, ated by the
replat were intended to service lots no longer in existene�., c °te replat was approved. He stated
the administration did examine Afognak Avenue after the. ' Planning and Zoning Commission
T.
Work Session held on August 15th. Shepard agreed with Hoog that the levee right -of --way could
be utilized but had concerns about disse� e property. and yalso noted neighborhood
concerns with speed and clarified that shah,,, s vonld help slo ffic. Shepard stated there
would be major impacts to the property if Afognak AVdLil" extended straight through because of
elevation differences.
In response to Veil, Shepard: stated that thisproject would not negate any future plans to
provide upgraded accefd Forest Acres In respon t4 Smith, Shepard clarified the right -of --ways
would be taken from Ci ro a Zn res onse to -1, Shepard stated that a `S sweep' of Afogank
ty p" 6p rtY sp
Avenue was ztt via_ a because the future cxpanton of adding more homes would be impacted.
s� 'Al �
Ixt response to '� quesrions from Hohl, Michael Frisom stated that the Eastern portion of
the subdivison was less devel+�pable due to poor soil. He noted that the architects used this area as a
natural bu�for the neiod.
Mark Kn e'ller further larifi ed that a shelf developed on the Eastern portion of this property
during the 1964 earthquake and this corresponded with the poorer soils.
Hohl questioned 11 the levee's ability to withstand an earthquake and noted her concerns for
future access for the hospital proposed at this site.
Shepard noted that the levee would have the same design requirements as a road, but would
have additional height.
In response to further questions from Hohl, Kneedler clarified a nice easy curved road tended
to increase vehicle speed, while requiring a stop provided time for the driver to make a judgment call
and helped slow traffic down in a residential neighborhood.
kD
City of Seward, Alaska Planning Commission Minutes
September S 2006 Volume 6, Page 101
No one else requested to be heard and the public hearing was closed.
Motion (Smith/Anderson)
Approve Resolution 2006-19
In response to Hohl, Glenz noted the replat vacated all interior lot lines, undeveloped right of
ways, and all undeveloped utility easements. She clarified a separate vacation for Afognak Avenue
was not necessary because Afognak Avenue was an undeveloped right-of-way.
Roach' supported retaining the Afognak Avenue access
hard turns did slow down traffic.
The Chair received Unanimous Consent to
Public Comment.
Hoogland felt it was wrong to build a
the levee.
In response to Roach', Shepard n6 the
with the route they were proposing for Afa
Street and Dimond Boulevard had a compa
Kneedler clarified the elevation from t
the intersection of Ash Street>an the levee was
then a 10% grade andro'.ads wereoinfortably b
���a
Hohl questioned ift
if the road wash the
approach wa
Lenue. In resp
ution to the
feet over
at 15%.
that in her experience
allow additional
nextto
and grade was not a concern
,smith, Shepard stated Ash
sh Street and Afognak Avenue to
0 foot span. This equated to less
iave to go further around to access the hospital
answer in the affirmative.
Kneedler stated impartan tonsure there was a primary access point for the hospital.
He �ted F ere should be ai�staff ative access for staand deliveries, but explained emergency tr
n:affic
should b used into one a ess point. In response to Hohl, Kneedler stated the hospital could be
accessed from lklaple, Ash Cottonwood Streets if the Highway was impacted during an
emergency.
Strobel stressed her desire to have a stop sign at Cottonwood Street and Afognak Avenue on
Afognak Avenue, and ahother stop sign on Cottonwood Street toward the facility.
Motion to Amend (Rohl/Anderson) Amend Resolution 2006-19 by adding a
new Condition #5 to Section 1. "Maple and
Cottonwood Streets be dedicated to a width
of sixty (60) feet in accordance with Kenai
Peninsula Borough Code."
LO
City of Seward, Alaska Planning Commission Minutes
September S 2006 Volume 6, Page 10 2
Hohl noted the majority of streets in Seward were sixty feet and these wider streets were
necessary to provide space for kids, cars, snow, and ditches.
Keil stated a training video reviewed by the Commission stated wider streets encouraged
faster traffic.
Hohl felt this was only true with streets approaching a hundred foot right-of-way. She stated
the Commission was not treating the residents of this neighborhood correctly if they didn't take this
opportunity to designate the needed right -of --way.
Roach' concurred with Hohl and noted institutions
Smith felt a sixty foot right-of-way was needed
a residential district would help slow traffic. He stated
arteries and work on designating appropriate right of
Smith stated the Commission had to decide on e"
necessary.
Roach' expanded on her support o
which an this institutional zone was being
the visibility because kids and cars didn't
In response to Andergp , Hohl
was sixty feet, but that theJO ,co
Motion Passed
Motion to
Hohl
was vacated.
amendment cif
aed.. She stated
ie a sixty foot right-of-way.
in trarig�, but that forty feet in
.to ex ane Their main traffic
is for all t let
n Seward.
l.
its more thanshould be
residential nature of the area in
cty feet was needed to open up
Kenai Peninsula Borough Code
's recommendation for fifty feet.
Amend Resolution 2006-19 by adding a
new Condition #6 to Section 1. "Vacation of
Afognak Avenue be subject to dedication of
equal or superior North South access in
accordance with Kenai Peninsula Borough
Code."
Borough Code required superior or equal access when a road
In response to Commissioners' questions regarding the need to provide equal or superior
access for the other undeveloped right-of-ways being vacated, Hohl stated those were interior access
streets unlike Afognak Avenue which had the potential to connect to Dora Way and provide the
North -South emergency access route specified in the Comprehensive Plan.
Glenz noted currently there were no platted right-of-ways from Afognak Avenue to Dora
Way. Glenz clarified required equal or superior access was provided by increasing the right-of-way
Im
City of Seward, Alaska Planning Commission Minutes
September 5 2006 Volume 6, Page 10 3
on Maple Street and Cottonwood Street. She further explained the undeveloped Afognak Avenue
right-of-way being vacated by the Commission actually dead ended in the middle of the lot.
Hohl noted the Borough required future roads be considered when right-of-ways were
dedicated or vacated. She was concerned with the fissures throughout Forest Acres and questioned if
the route from the East would remain during an earthquake. Hohl stressed the community needed
access on the West side of the property in case of an emergency.
Smith validated the concerns regarding what would happens for, future development. He
clarified he wanted to see the City commit to expanding the infrastructure in anticipation of future
development.
Strobel concurred with Smith.
Smith wanted to see these access issues
upgrade needed infrastructure.
Hohl stressed the importance of proactively
Clark concurred wits
suggestions by the City staff.
Hohl agreed and
Main Motion Passed As
Comprehensive Plan
funding
plan and
route with this plat approval.
plat that could include
need to be developed right now.
ten minute recess starting at 9:15.
Council approval of amending the Land Use Plan and
-d Long Term Care Facility Subdivision (Preliminary
val of Resolution 2006-20 and noted this rezone was supported by the
Strategic Plan in regards to the community's health care needs.
in response to Hohl, Keil stated the less developable land on this plat wasn't being rezoned as
Park because a rezone of this nature could be used for bartering in the future for the Forest Acres
Levee.
Notice of public hearing being posted and published as required by law was noted and the
public hearing was opened.
City of Seward, Alaska Planning Commission Minutes
September S 2006 Volume 6, Page 104
Dale Hoogland, inside City Limits, initially assumed that only the lots North of Cottonwood
Street would be rezoned Institutional. He felt the lots South of Cottonwood Street should remain
Rural Residential. Hoogland feared the future expansion of the Long Term Care Facility would
damage the integrity of the Rural Residential flavor of the neighborhood. He felt the lots South of
Cottonwood Street would be accessed via Ash Street which was only a forty foot right-of-way.
Tom Shepard, City of Seward Project Engineer, noted that the philosophy of the Greenhouse
Project was to bring these homes into residential neighborhoods to create a home atmosphere for the
residents during the last part of their lives. He noted the Greenhouse -units resembled first class
homes and would add value to the neighborhood. Shepard clarified there was no reason to keep the
zoning in this area Rural Residential because the project would be a benefit that complimented the
neighborhood.
Mark Kneedler, Architects Alaska, explained
project then if all the Rural Residential lots were (
No one else requested to be heard and the public
Motion (Roach'/Smith)
Roach' also had concerns changing
once the rezone was in place all Institution
life would not be adversely affected for the
proposed Greenhouse podct
Hohl discussed a,ws sto
Assembly requiring a Wa11art'sq
App
o i d be less density with the proposed
as single family homes,
2006-20
Rural ResiWial to Institutional because
Hallowed" She noted that the quality of
h �a, ; rtiect because of the caliber of the
she heard bragdcasted over NPR regarding the Anchorage
1'g
reauest in;�le Muldoon Area be subject to certain special
Amend Resolution 2006-20 by
adding a new Section 3 to the
proposed Ordinance stating,
"Section 3. The land use
designation change and zoning map
amendment described in Sections 1
and 2 is subject to the following
special limitation: A 100 foot low
density residential buffer be
maintained along Tract A adjacent
to Rural Residential areas."
Hohl noted she went on-line and obtained the additional section that Anchorage Code had to
allow these special limitations. She believed that Seward City Code didn't specifically disallow
placing special limitations on rezones.
a
City of Seward, Alaska Planning Commission Minutes
September 5 2006 Volume 6, Page 10 5
Strobel expressed community concerns with the cost of this project. She spoke in favor of
the proposed special limitation.
Glenz suggested this issue be addressed during the Conditional Use Permit process during the
Special Meeting on September 121h, 2006.
Hohl clarified her intent was that the restriction follow the specific piece of property not just
the project and stated this was the practice in Anchorage. Her concern was if this project didn't
move forward, then other uses allowed outright in the Institutional Zoning District could be built
without the Planning and Zoning Commission's review. J,3n
Keil spoke in opposition to the amendment.
�K
Smith supported the amendment because he wanted to insure the pray ; t layout did not
deviate from what was proposed.
Roach' felt an obligation to protect the citizen} of Seward`,11- She spoke it support of the
amendment.
Hohl noted future plans may be compatible with the Greenhquse.,concept but not with the
neighborhood. ��
�� 3 d,y{gyp n.
Roach' cited the Co ehensive Plans intent for Ynde,1t`residential housing within City
Limits. She also noted th Plan's mtef for this area"o be Rural Residential and stressed
the need to protect tln :; °tent.
Glenz suggested p i tion dung the Conditional Use Permit process.
Ke s i o agr N 'th adminis ation.
gmw
erson spoke m ositithe amendment. She stated the project already was
decimated he Seward I `": Terre Care Facility, and this motion was making the process too
Roach' felt the cj ecf designation of Seward Long Term Care Facility could mean anything,
she wanted to insure the "homeowners in the neighborhood were protected from any negative impact.
Keil stated she heard a distinct lack of trust from the Commission that the Administration
would follow through with this project for the benefit of Seward.
Roach' clarified that on her part it wasn't a lack of trust, rather it was her experience that
sometimes budget constraints changed plans.
Strobel noted future plans change and the issue at hand needed to be addressed either during
this process or the Conditional Use Permit process.
�1
City of Seward, Alaska Planning Commission Minutes
September S 2006 Volume 6, Page 10 6
Smith agreed with the importance of the motion, but suggested addressing this issue under
the Conditional Use Permit process which would also allow the Commission to develop their
thought process and solidify the exact restriction they wanted to impose.
Anderson felt this amendment was beyond the scope of what was in the Planning and Zoning
Commission's purview. She noted that if a Planning and Zoning Commissioner wanted to speak to
Council and propose this limitation then that was their right as a public citizen.
Roach' stated the Commission was breaking new
example. She requested Hohl withdraw her motion and
concern under the Conditional Use Permit Process.
Hohl feared that this rezone was in place (
issued. She noted that this was just a recommendati.
records to show that this was a concern.
Motion to Amend Passed
Main Motion Passed as Amended
Unfinished Business - N
New Business -
Discussion and
Boards and Coi
and
Boardwalk° gn InformatiW,
the"Conditional
ouncil. Hohl wz
CJ
Anchorage's excellent
nission to address this
it was never
:)mmission's
: Roach', Hohl, Clark, Strobel
&,Anderson, Smith, Keil
regarding the 2007/2008 Legislative
be distributed to the Commission.
Hohl referred the Commission to her lay down response to administration's response.
Keil stated the Ciiy was required to comply with City Code.
Roach' noted there have been times where the Boardwalk temporary sign was empty.
Anderson had studied the information provided by administration and felt special event
temporary signs were allowed under the Code.
Hohl agreed special event banners were allowed under the code but disagreed with the use of
the new temporary sign with removable letters and felt this should be classified as a reader board
sign under Seward City Code.
52
City of Seward, Alaska Planning Commission Minutes
September S 2006 Volume 6, Page 10 7
After discussion, the Commission agreed to expand their work session on September 19`h
after the Special Meeting to include other signs in the Sign Code.
Special Meeting September 12, 2006
Hohl requested a quorum be verified.
Glenz reported that five Commissioners had confirmed their attendance and there could be
six if Council appointed a citizen to fill the vacated seat, providing Person was able to attend.
Keil noted a quorum was quiried at the Long Term 'Care Facihty CUP work session on
August 15, 2006.
Community Values Meeting
Smith stated that it was important to not just sl
Commission was organized and some forethought and p:
session should be held prior to the comrito.M.ty meeting.
Williams suggested the communit
compiled by the VISTA community surveys:
Anderson sugge
After Commisss7
meeting in order to utili
Wax ses h
JAI pz noted si
Commiss%c re us
an item brough orwan
a.
After Comrr
Session's after any Spy
Meeting was set, then.;l
by
meeting, but td"" make sure the
had been done. He noted a work
be cplimented by utilizing data
meeting in October.
Commission's desire to postpone the
IF
the Special Meeting on September 19`h based on
a Special Meeting in lieu of a Work Session if there was
discussion, Keil expressed the Commission's wishes to hold Work
fleeting that was set for the Third Tuesday of the month. If no Special
would remain Work Sessions.
Keil stated there would be a Work Session following the September 19`h Special Meeting and
the title would be, "Review of Political Signs and Other Signs in the Seward City Code."
Informational Items and Reports- (No action required)
Notice of September 19, 2006 Special Meeting
��2
City of Seward, Alaska Planning Commission Minutes
September 5 2006 Volume 6, Page 10 8
Commission Comments
Anderson wished Strobel well and stated it was a pleasure serving with her on the
Commission.
Hohl concurred with Anderson's comments and stated the Administration could cancel her
subscription to APA since she received the publication through her service with the Kenai Peninsula
Borough. ' =a
Strobel stated she had enjoyed her last year serving on the
for their support and stated she depended on the Commission to
Smith thanked Strobel for her service.
Roach' welcomed the new Planner Scott
Roach' noted that the rezone in Forest Acres was
the limited tax base within Seward.
Keil noted her enjoyment with having Strobel on the
Citizens' Comments —
Polly Egger, inside
Commissions and Administration Response to
Adjournment
Meeting
Christy Te
Executive
(City Seal)
pm
ssion.
Comments — None.
Marianna Keil
Chair
5A